DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This communication is responsive to Applicant’s arguments filed on 03/18/2026.
Claims 1-20 are currently pending and have been examined.
Priority
This application makes reference to or appears to claim subject matter disclosed in Application No. 63/329,526, filed 04/11/2022. If applicant desires to claim the benefit of a prior-filed application under 35 U.S.C. 119(e), 120, 121, 365(c) or 386(c), the instant application must contain, or be amended to contain, a specific reference to the prior-filed application in compliance with 37 CFR 1.78. If the application was filed before September 16, 2012, the specific reference must be included in the first sentence(s) of the specification following the title or in an application data sheet (ADS) in compliance with pre-AIA 37 CFR 1.76; if the application was filed on or after September 16, 2012, the specific reference must be included in an ADS in compliance with 37 CFR 1.76. For benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c), the reference must include the relationship (i.e., continuation, divisional, or continuation-in-part) of the applications.
If the instant application is a utility or plant application filed under 35 U.S.C. 111(a), the specific reference must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application. If the application is a national stage application under 35 U.S.C. 371, the specific reference must be submitted during the pendency of the application and within the later of four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f), four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage, or sixteen months from the filing date of the prior application. See 37 CFR 1.78(a)(4) for benefit claims under 35 U.S.C. 119(e) and 37 CFR 1.78(d)(3) for benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c). This time period is not extendable and a failure to submit the reference required by 35 U.S.C. 119(e) and/or 120, where applicable, within this time period is considered a waiver of any benefit of such prior application(s) under 35 U.S.C. 119(e), 120, 121, 365(c), and 386(c). A benefit claim filed after the required time period may be accepted if it is accompanied by a grantable petition to accept an unintentionally delayed benefit claim under 35 U.S.C. 119(e) (see 37 CFR 1.78(c)) or under 35 U.S.C. 120, 121, 365(c), or 386(c) (see 37 CFR 1.78(e)). The petition must be accompanied by (1) the reference required by 35 U.S.C. 120 or 119(e) and by 37 CFR 1.78 to the prior application (unless previously submitted), (2) the petition fee under 37 CFR 1.17(m), and (3) a statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78 and the date the claim was filed was unintentional. The Director may require additional information where there is a question whether the delay was unintentional. The petition should be addressed to: Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450.
If the reference to the prior application was previously submitted within the time period set forth in 37 CFR 1.78 but was not included in the location in the application required by the rule (e.g., if the reference was submitted in an oath or declaration or the application transmittal letter), and the information concerning the benefit claim was recognized by the Office as shown by its inclusion on the first filing receipt, the petition under 37 CFR 1.78 and the petition fee under 37 CFR 1.17(m) are not required. Applicant is still required to submit the reference in compliance with 37 CFR 1.78 by filing an ADS in compliance with 37 CFR 1.76 with the reference (or, if the application was filed before September 16, 2012, by filing either an amendment to the first sentence(s) of the specification or an ADS in compliance with pre-AIA 37 CFR 1.76). See MPEP § 211.02.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Freeman Daniel et al. (US PG PUB 2022/0310247).
As per claim 1, Freeman discloses a virtual reality (VR) therapeutic system for providing psychological therapy to a patient. The system includes at least a head-mounted display unit with a sound generation capability and a VR input device, and one or more computers. The system is configured to present a set of therapeutic scenarios to the character in the virtual environment including an interaction task. The system determines a mental anxiety (anxiety or phobia) state parameter by measuring, in the virtual environment. A real-world biometric anxiety measurement may be determined using a handheld controller of the VR therapeutic system to connect to the patient. Such a real-world biometric anxiety measurement may comprise a measurement of e.g. galvanic skin response, heart rate, cortisol level or motion/activity level (see., Freeman, abstract, paragraphs 0015, and 0016) which is readable as applicant’s claimed invention of selecting a phobia (phobia or anxiety) simulation (see., abstract, paragraphs 0015-0016)); navigating a phobia simulation using augment reality or virtual reality (see., abstract, paragraphs 0015-0016); collecting one or more biometrics of a patient during the phobia simulation (see., paragraphs 0015-0016 and 0042); and determining a stress level of the patient (see., paragraph 0019, specifically, the patient mobile device may thus use the monitored patient activity/anxiety to identify when the patient is in a stressful real world situation).
As per claim 2, Freeman discloses the claimed limitations as stated in claim 1 above, wherein the simulated phobia/anxiety includes a video stream displayed on augmented or virtual reality glassed (see., paragraphs abstract, paragraphs 0015-0016).
As per claim 3, Freeman discloses the claimed limitations wherein the one or more biometrics are selected from heart rate or blood pressure (see., paragraphs 0015 and 0017-0018).
As per claim 4, Freeman discloses the claimed limitations wherein the one or more biometrics are selected from blood oxygen or finger temperature (see., 0015, Galvanic skin Response is frequently paired with sensors for skin temperature and blood oxygen).
As per claim 5, Freeman discloses the claimed limitations wherein the one or more biometrics are selected from heart rate variability, electrocardiogram, electroencephalogram (see., paragraphs 0015 and 001-0018).
As per claim 6, Freeman discloses the claimed limitations as stated in claim 1 above, wherein the phobia simulation includes haptic feedback (see., abstract, paragraph 0010, the VR feedback).
As per claim 7, Freeman discloses the claimed limitations as stated in claim 1, wherein healthcare professional monitors the biometrics of the patient in real-time (see., abstract, paragraphs 0008, 0010, and 0018, the coach character is interpreted as a healthcare professional).
As per claim 8, Freeman discloses a virtual reality (VR) therapeutic system for providing psychological therapy to a patient. The system includes at least a head-mounted display unit with a sound generation capability and a VR input device, and one or more computers. The system is configured to present a set of therapeutic scenarios to the character in the virtual environment including an interaction task. The system determines a mental anxiety (anxiety or phobia) state parameter by measuring, in the virtual environment. A real-world biometric anxiety measurement may be determined using a handheld controller of the VR therapeutic system to connect to the patient. Such a real-world biometric anxiety measurement may comprise a measurement of e.g. galvanic skin response, heart rate, cortisol level or motion/activity level (see., Freeman, abstract, paragraphs 0015, and 0016) which is readable as applicant’s claimed invention of selecting a phobia (phobia or anxiety) simulation (see., abstract, paragraphs 0015-0016)); navigating a phobia simulation using augment reality or virtual reality (see., abstract, paragraphs 0015-0016); collecting one or more biometrics of a patient during the phobia simulation (see., paragraphs 0015-0016 and 0042); and determining a stress level of the patient (see., paragraph 0019, specifically, the patient mobile device may thus use the monitored patient activity/anxiety to identify when the patient is in a stressful real world situation).
As per claim 9, Freeman discloses the claimed limitations as stated in claim 8 above, wherein the simulated phobia includes a video stream displayed on augmented or virtual reality (see., paragraphs 0006 and 0036, it is inherent that the head-mounted display unit of Freeman is capable of streaming video).
As per claim 10, Freeman discloses the claimed limitations wherein the one or more biometrics are selected from heart rate or blood pressure (see., paragraphs 0015 and 001-0018).
As per claim 11, Freeman discloses the claimed limitations wherein the one or more biometrics are selected from blood oxygen or finger temperature (see., 0015, Galvanic skin Response is frequently paired with sensors for skin temperature and blood oxygen).
As per claim 12, Freeman discloses the claimed limitations wherein the one or more biometrics are selected from heart rate variability, electrocardiogram, electroencephalogram (see., paragraphs 0015 and 001-0018).
As per claim 13, Freeman discloses the claimed limitations as stated in claim 1 above, wherein the phobia simulation includes haptic feedback (see., abstract, paragraph 0010, the VR feedback).
As per claim 14, Freeman discloses the claimed limitations as stated in claim 1, wherein healthcare professional monitors the biometrics of the patient in real-time (see., abstract, paragraphs 0008, 0010, and 0018, the coach character is interpreted as a healthcare professional).
As per claim 15, Freeman discloses a virtual reality (VR) therapeutic system for providing psychological therapy to a patient. The system includes at least a head-mounted display unit with a sound generation capability and a VR input device, and one or more computers. The system is configured to present a set of therapeutic scenarios to the character in the virtual environment including an interaction task. The system determines a mental anxiety (anxiety or phobia) state parameter by measuring, in the virtual environment. A real-world biometric anxiety measurement may be determined using a handheld controller of the VR therapeutic system to connect to the patient. Such a real-world biometric anxiety measurement may comprise a measurement of e.g. galvanic skin response, heart rate, cortisol level or motion/activity level (see., Freeman, abstract, paragraphs 0015, and 0016) which is readable as applicant’s claimed invention of one or more processors; and a memory storing one or more programs for executing by the one or more processors (see., paragraph 0035), the one or more programs including instructions for selecting a phobia (phobia or anxiety) simulation (see., abstract, paragraphs 0015-0016)); navigating a phobia simulation using augment reality or virtual reality (see., abstract, paragraphs 0015-0016); collecting one or more biometrics of a patient during the phobia simulation (see., paragraphs 0015-0016 and 0042); and determining a stress level of the patient (see., paragraph 0019, specifically, the patient mobile device may thus use the monitored patient activity/anxiety to identify when the patient is in a stressful real world situation).
As per claim 16, Freeman discloses the claimed limitations as stated in claim 8 above, wherein the simulated phobia includes a video stream displayed on augmented or virtual reality (see., paragraphs 0006 and 0036, it is inherent that the head-mounted display unit of Freeman is capable of streaming video).
As per claim 17, Freeman discloses the claimed limitations wherein the one or more biometrics are selected from heart rate or blood pressure (see., paragraphs 0015 and 001-0018).
As per claim 18, Freeman discloses the claimed limitations wherein the one or more biometrics are selected from heart rate variability, electrocardiogram, electroencephalogram (see., paragraphs 0015 and 001-0018).
As per claim 19, Freeman discloses the claimed limitations as stated in claim 1 above, wherein the phobia simulation includes haptic feedback (see., abstract, paragraph 0010, the VR feedback).
As per claim 20, Freeman discloses the claimed limitations as stated in claim 1, wherein healthcare professional monitors the biometrics of the patient in real-time (see., abstract, paragraphs 0008, 0010, and 0018, the coach character is interpreted as a healthcare professional).
RESPONSE TO ARGUMENTS
Applicant’s argument with respect to claims 1-20 have been fully considered but they moot in view of new ground (s) of rejection.
REMARKS
The rejection of claims 1-20 under 35 U.S.C 101 Alice has been withdrawn.
Conclusion
9. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to PIERRE E ELISCA whose telephone number is (571) 272-6706. The Examiner can normally be reached on Monday -Thursday; 6:30AM- 5:30PM. Hoteler.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Hu Kang can be reached on 571 270 1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PIERRE E ELISCA/Primary Examiner, Art Unit 3715
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