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 .
Response to Amendment
The amendment filed on March 24, 2026 was considered by the examiner. Claims 1-2 and 4-20 are pending in the application.
Claim Objections
Claim 1 is objected to because of the following informalities: in line 1, “HIIDAA” should be “(HIIDAA)”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2 and 4-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “a motion device comprising a base and a platform movable relative to the base, the platform having an upper surface configured to receive and support a chair or wheelchair thereon substantially at ground level” in lines 4-6. While it is not clear which element is being referred to as “substantially at ground level” (see 112(b) rejection below), there is no support in the present specification for any specific element at ground level. There is no indication of what surface the base may reside on. Therefore, the element “substantially at ground level” is new matter. As such, one of ordinary skill in the art would not have recognized Applicant was in possession of the claimed invention at the time the application was effectively filed.
Claim 1 recites “a remotely positioned camera device” in line 10. The specification of the present application does not indicate how the camera may be positioned, including a remote position. Figure 1 of the present application shows that the camera 20 may be observing the apparatus 12; however, no indication or written description is provided to relate the positioning of the camera 20 to the apparatus 12, including that the camera is “remotely positioned”. Therefore, the element “a remotely positioned camera device” is new matter. As such, one of ordinary skill in the art would not have recognized Applicant was in possession of the claimed invention at the time the application was effectively filed.
Claims 2 and 4-20 are rejected by virtue of their dependence from claim 1.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2 and 4-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “a motion device comprising a base and a platform movable relative to the base, the platform having an upper surface configured to receive and support a chair or wheelchair thereon substantially at ground level” in lines 4-6; however, it is not clear which element (i.e., the base, the platform, and/or the chair/wheelchair) is supposed to be “substantially at ground level”. Furthermore, it is not clear if “ground level” is referring to the general ground floor (i.e., ground floor level) or the specific ground floor level location of the device. For the purposes of examination, the base is being interpreted to be at the specific ground floor level, as the base is the only component that appears as if it could be at the specific ground floor level (i.e., the base is on the floor). Appropriate clarification is required.
Claim 1 recites “a plurality of platform motion control profiles associated with managing HIIDAA states of a patient” in lines 13-15. It is not clear what the “platform motion control profiles” actually are. The specification mentions the same recitation (see ¶[0050]), but does not elaborate what the “platform motion control profiles” (recited as predetermined motion control profiles in the specification) are. Therefore, the metes and bounds of the claim are not clear, as it is not clear what is actually required by this recitation. For the purposes of examination, this recitation is not being given patentable weight. Appropriate correction is required.
Claim 1 recites “a HIIDAA state” in line 20; however, it is not clear if this recitation is the same as, related to, or different from the recitations of “HIIDAA state” in lines 2-3 and lines 14-15. The similar phraseology suggests that they are the same, but the indefinite article suggests that they are different. If the recitations are different, the relationship between these recitations should be made clear and they should be clearly distinguished from each other (e.g., when multiple elements have similar or the same labels, distinct identifiers such as “first” and “second” should be used to clearly differentiate the elements). For the purposes of examination, this recitation in line 20 is interpreted to be different from the prior recitations. Appropriate clarification is required.
Claims 2 and 4-20 are rejected by virtue of their dependence from claim 1.
Claim 4 recites “acceptable… heart rate profiles” in lines 3-4. The term “acceptable” is a relative term which renders the claim indefinite. The term “acceptable” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is not clear what determination, guidelines, standard, criteria, range etc., are used to indicate an acceptable heart rate profile. This renders claim 4 indefinite. For the purposes of examination, this recitation is not being given patentable weight. Appropriate correction is required.
Claim 4 recites “out of range heart rate profiles” in lines 3-4. The term “out of range” is a relative term which renders the claim indefinite. The term “out of range” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is not clear what determination, guidelines, standard, criteria, range etc., are used to indicate an out of range heart rate profile. This renders claim 4 indefinite. For the purposes of examination, this recitation is not being given patentable weight. Appropriate correction is required.
Claim 4 recites “acceptable and out of range heart rate profiles” in lines 3-4. It is not clear what the two heart rate profiles actually are. The specification mentions the same recitation (see ¶[0053]), but does not elaborate what the heart rate profiles are. Therefore, the metes and bounds of the claim are not clear, as it is not clear what is actually required by this recitation. For the purposes of examination, this recitation is not being given patentable weight. Appropriate correction is required.
Claims 5, 8-9, and 14-15 are rejected by virtue of their dependence from claim 4.
Claim 6 recites “acceptable… motion profiles” in lines 3-4. The term “acceptable” is a relative term which renders the claim indefinite. The term “acceptable” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is not clear what determination, guidelines, standard, criteria, range etc., are used to indicate an acceptable motion profile. This renders claim 6 indefinite. For the purposes of examination, this recitation is not being given patentable weight. Appropriate correction is required.
Claim 6 recites “out of range motion profiles” in lines 3-4. The term “out of range” is a relative term which renders the claim indefinite. The term “out of range” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is not clear what determination, guidelines, standard, criteria, range etc., are used to indicate an out of range motion profile. This renders claim 6 indefinite. For the purposes of examination, this recitation is not being given patentable weight. Appropriate correction is required.
Claim 6 recites “acceptable and out of range motion profiles” in lines 3-4. It is not clear what the two motion profiles actually are. The specification mentions the same recitation (see ¶[0054]), but does not elaborate what the motion profiles are. Therefore, the metes and bounds of the claim are not clear, as it is not clear what is actually required by this recitation. For the purposes of examination, this recitation is not being given patentable weight. Appropriate correction is required.
Claims 7 and 16-17 are rejected by virtue of their dependence from claim 6.
Claim 8 recites “acceptable… motion profiles” in lines 3-4. The term “acceptable” is a relative term which renders the claim indefinite. The term “acceptable” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is not clear what determination, guidelines, standard, criteria, range etc., are used to indicate an acceptable motion profile. This renders claim 8 indefinite. For the purposes of examination, this recitation is not being given patentable weight. Appropriate correction is required.
Claim 8 recites “out of range heart rate profiles” in lines 3-4. The term “out of range” is a relative term which renders the claim indefinite. The term “out of range” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is not clear what determination, guidelines, standard, criteria, range etc., are used to indicate an out of range motion profile. This renders claim 8 indefinite. For the purposes of examination, this recitation is not being given patentable weight. Appropriate correction is required.
Claim 8 recites “acceptable and out of range motion profiles” in lines 3-4. It is not clear what the two motion profiles actually are. The specification mentions the same recitation (see ¶[0054]), but does not elaborate what the motion profiles are. Therefore, the metes and bounds of the claim are not clear, as it is not clear what is actually required by this recitation. For the purposes of examination, this recitation is not being given patentable weight. Appropriate correction is required.
Claim 9 is rejected by virtue of its dependence from claim 8.
Claim 12 recites “[t]he therapeutic system of claim 3” in line 1; however, claim 3 has been canceled. This confusion renders claim 12 indefinite. Amending this claim to depend from claim 2 would overcome the present rejection. The claim is being read as such for the purposes of examination.
Claim 13 is rejected by virtue of its dependence from claim 9.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Troxler et al. (US Patent Application Publication 2023/0021336 – cited in prior action), hereinafter Troxler, and in view of Sahin (US Patent Application Publication 2015/0223731 – cited in prior action), hereinafter Sahin, and in view of Mazar et al. (US Patent Application Publication 2015/0302539), hereinafter Mazar, and in view of Shih (US Patent Application Publication 2019/0298064), hereinafter Shih.
Regarding Claim 1, Troxler teaches methods and systems for predicting and preventing negative behaviors based on a determined stress level from physiological data and an applied intervention (see abstract and Figs. 1-3). Troxler teaches a therapeutic system for managing behavioral symptoms of Hyperactivity-Impulsivity-Irritatbility-Disinhibition-Aggression- Agitation (HIIDAA) states (see abstract and Figs. 1-3; see also ¶[0003]-[0009] and ¶[0047] the monitored disorders include autism disorders, see present application specification ¶[0004] HIIDAA encompasses Autism Spectrum Disorders (ASD)) comprising:
a motion device comprising a base and a platform, the platform having an upper surface configured to receive and support a seat thereon (¶[0044]-[0045] and ¶[0101]-[0105] the sensor data is analyzed to implement output to the user via a stimulus device, ¶[0138] the stimulus device may be a bed or chair so as to implement rocking motions); Fig. 4);
a camera device configured to acquire a continuous sequence of images (¶[0036] cameras may be utilized to measure images, ¶[0040] the sensors may monitor various aspects of the user’s body, ¶[0097]-[0100] other sensors may also be utilized, such as a microphone); and
a feedback and control system comprising, a data store encoded with content including a plurality of platform motion control profiles associated with managing HIIDAA states of a patient (¶[0101]-[0105] the database 494 that stores newly recorded sensor data and historical sensor data for the user and other users over periods of time, ¶[0068]-[0069], ¶[0072], and ¶[0102]-[0103] the machine learning may be a supervised learning process, which would necessarily include labeled training/historical data; Fig. 4),
an analytics engine (¶[0097]-[0100] and ¶[0101]-[0105] the AI module 201/498; Figs. 3-4) connected with the camera, the data store and the motion actuation apparatus (¶[0042]-[0043] and ¶[0097]-[0100] the various sensors 200, memory/store 206, and AI module 201 are all interconnected, ¶[0129] the input of sensor data to the model; Figs. 3 and 12),
said analytics engine receiving the data to determine in real-time (¶[0062]-[0063] the system operates in real-time) a HIIDAA state of the patient (¶[0101]-[0105] the AI module 498 to receive the sensor data, analyze the sensor data, and output a stimulus output to be implemented on a stimulus device, ¶[0012]-[0013], ¶[0031]-[0033], ¶[0104], and ¶[0122]-[0123] the stress level determined based on the physiological data, the stress level is the emotional state, ¶[0127] certain sensors are associated with certain outputs via a lookup table, ¶[0128] the input is compared to a reference and the output is adjusted based on the comparison, in which the systems may be coupled to the AI engine; Figs. 4 and 10-11), and
automatically altering operation of the motion actuation apparatus based on the HIIDAA state of the patient (¶[0101]-[0105] the AI module 498 may determine to keep a steady-state, increase, or decrease an action based on the analyzed sensor data in the feedback system, ¶[0128] the input is compared to a reference and the output is adjusted based on the comparison, in which the systems may be coupled to the AI engine; Figs. 4 and 11).
Troxler does not specifically teach that the camera device captures images of the patient, and that the images of the patient are utilized in the emotion determination.
Sahin teaches systems and methods for monitoring of health events and behaviors, such as via motion and vibration measurements (see abstract), in which a time series of images of the user is captured (see ¶[0013]), in which various data, including the image data (i.e., images of an individual’s body language including head position, and facial expression) and sound data, may be analyzed to determine an individual’s emotional state (see ¶[0073] and ¶[0230]-[0236]; Figs. 10A-10B), or with physiological data (see ¶[0195]), implemented via a machine learning classifier (see ¶[0122], ¶[0126], and ¶[0183]), that may be evaluated in real-time (see ¶[0040] and ¶[0064]-[0065]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further input user body language and expression information into the AI engine of Troxler, captured with the camera of Troxler, for the determination of emotion as taught by Sahin because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results and/or (2) the additional input to the AI engine would further help to improve the emotional/stress state of the user. Here, as the modified Troxler now captures images of the user, and the user would be receiving stimulation from the smart bed or chair, the captured images would depict the patient seated/positioned on the platform.
Troxler teaches the usage of a camera (¶[0036] cameras may be utilized to measure images, ¶[0040] the sensors may monitor various aspects of the user’s body, ¶[0097]-[0100] other sensors may also be utilized, such as a microphone), but does not teach the positioning of the camera such that the modified Troxler does not specifically teach that the camera is remotely positioned.
Mazar teaches a streamlined and integrated patient care and health information management systems and methods for reducing the need for costly, near constant patient monitoring by providing system components that allow healthcare professionals to view the most important data for a number of patients in varying physical locations in a seamless manner are disclosed (see abstract and Fig. 1), in which a bedside monitor 108/652 collects information on the patient 104 and includes sensors/monitors including a camera (see ¶[0043]-[0045], ¶[0054]-[0056], and ¶[0208]-[0209]; Figs. 1 and 6), in which the bedside monitor including the camera may be positioned as part of the bed structure (i.e., on a bed post), next to the bed, or affixed to the wall (see ¶[0056] and Figs. 6A-6B).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the camera positioning next to the bed/wall affixed of Mazar for the camera positioning of the modified Troxler because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results; and/or (2) the modified Troxler requires a camera position and Mazar teaches suitable camera positionings to observe the patient; and/or (3) a camera positioned next to the bed/wall affixed would provide more of the patient within the field of view than if positioned on the motion device.
The modified Troxler does not specifically teach that the motion device comprises a base and a platform movable relative to the base, the platform having an upper surface configured to receive and support a chair or wheelchair thereon substantially at ground level, the motion device further comprising a motion actuation apparatus connected between the base and the platform effective for single-axis or biaxial oscillating motion of the platform relative to the base.
Shih teaches a base seat which is adapted for use with a bed or a chair (see abstract and Figs. 1-10). Shih teaches a motion device (¶[0019] the base seat 1; Figs. 1-4) comprising a base (¶[0020] the fixation base 10; Figs. 1-4) and a platform movable relative to the base (¶[0020]-[0023] the swivel mount 40; Figs. 1-4),
the platform having an upper surface configured to receive and support a seat chair or wheelchair thereon substantially at ground level (abstract, ¶[0019], and ¶[0024] the base seat 1 for fixedly positioning a chair thereon, the top surface of the swivel mount 40; Figs. 1-4),
the motion device further comprising a motion actuation apparatus connected between the base and the platform effective for single-axis or biaxial oscillating motion of the platform relative to the base (¶[0022]-[0024] the drive device 30 for moving the rocking mount 20 with the swivel mount 40 on top, in a biaxial rocking motion (i.e., the movement back and forth also has movement in the Z-axis direction as a result of the arc of the arc rail 24); Figs. 1-4).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the base seat of Shih with the chair stimulation device of the modified Troxler because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results; and/or (2) the modified Troxler teaches the usage of a chair and Shih teaches one such modality to stimulate said chair; and/or (3) the base seat provides an ergonomic swing function to make a user feel more comfortable and relaxing (see Shih ¶[0002]-[0003]), so applying the chair to the base seat would help reduce stress and improve mood of the user in the modified Troxler.
Regarding Claim 2, Troxler in view of Sahin, Mazar, and Shih teaches the device of claim 1 as stated above. The modified Troxler further teaches the data store is further encoded with content including previously captured images of the patient in non-HIIDAA states and HIIDAA states (see Troxler ¶[0101]-[0105] the database 494 that stores newly recorded sensor data and historical sensor data for the user and other users over periods of time, ¶[0068]-[0069], ¶[0072], and ¶[0102]-[0103] the machine learning may be a supervised learning process, which would necessarily include labeled training/historical data, Fig. 4; see Sahin ¶[0073] and ¶[0230]-[0236], the analysis of the image data (i.e., images of an individual’s body language including head position, and facial expression) to determine an individual’s emotional state, see ¶[0122], ¶[0126], and ¶[0183], the determination may be implemented via a machine learning classifier, Figs. 10A-10B). Here, the modified Troxler would necessarily include labeled training/historical data (i.e., images) in a supervised learning modality.
Regarding Claim 4, Troxler in view of Sahin, Mazar, and Shih teaches the device of claim 1 as stated above. Troxler further teaches a patient heart rate detection device (¶[0038]-[0042] and ¶[0059] the sensors may measure the user’s heartrate via a heartrate monitor) connected with the feedback and motion control system (¶[0042]-[0043] and ¶[0097]-[0100] the various sensors 200, memory/store 206, and AI module 201 are all interconnected, ¶[0129] the input of sensor data to the model; Figs. 3 and 12),
said data store being further encoded with content including acceptable and out of range heart rate profiles (¶[0101]-[0105] the database 494 that stores newly recorded sensor data and historical sensor data for the user and other users over periods of time, ¶[0068]-[0069], ¶[0072], and ¶[0102]-[0103] the machine learning may be a supervised learning process, which would necessarily include labeled training/historical data; Fig. 4), and
wherein an output of the patient heart rate detection device is used as a further input to the analytics engine (¶[0101]-[0105] the AI module 498 to receive the sensor data, analyze the sensor data, and output a stimulus output to be implemented on a stimulus device, ¶[0012]-[0013], ¶[0031]-[0033], ¶[0104], and ¶[0122]-[0123] the stress level determined based on the physiological data, the stress level is the emotional state, ¶[0127] certain sensors are associated with certain outputs via a lookup table, ¶[0128] the input is compared to a reference and the output is adjusted based on the comparison, in which the systems may be coupled to the AI engine; Figs. 4 and 10-11).
Regarding Claim 5, Troxler in view of Sahin, Mazar, and Shih teaches the device of claim 4 as stated above. Troxler further teaches the patient heart rate detection device is a wrist worn device (¶[0041] the various sensors, including the heartrate monitor may be integrated with a smartwatch).
Regarding Claim 6, Troxler in view of Sahin, Mazar, and Shih teaches the device of claim 1 as stated above. Troxler further teaches a patient motion accelerometer device (¶[0040]-[0041], ¶[0050], ¶[0052], and ¶[0091] the accelerometer to measure the user’s motion; Fig. 1) connected with the feedback and motion control system (¶[0042]-[0043] and ¶[0097]-[0100] the various sensors 200, memory/store 206, and AI module 201 are all interconnected, ¶[0129] the input of sensor data to the model; Figs. 3 and 12),
said data store being further encoded with content including acceptable and out of range motion profiles (¶[0101]-[0105] the database 494 that stores newly recorded sensor data and historical sensor data for the user and other users over periods of time, ¶[0068]-[0069], ¶[0072], and ¶[0102]-[0103] the machine learning may be a supervised learning process, which would necessarily include labeled training/historical data; Fig. 4), and
wherein an output of the patient motion accelerometer device is used as a further input to the analytics engine (¶[0101]-[0105] the AI module 498 to receive the sensor data, analyze the sensor data, and output a stimulus output to be implemented on a stimulus device, ¶[0012]-[0013], ¶[0031]-[0033], ¶[0104], and ¶[0122]-[0123] the stress level determined based on the physiological data, the stress level is the emotional state, ¶[0127] certain sensors are associated with certain outputs via a lookup table, ¶[0128] the input is compared to a reference and the output is adjusted based on the comparison, in which the systems may be coupled to the AI engine; Figs. 4 and 10-11).
Regarding Claim 7, Troxler in view of Sahin, Mazar, and Shih teaches the device of claim 6 as stated above. Troxler further teaches the patient motion accelerometer device is a wrist worn device (¶[0040]-[0041] the various sensors, including the accelerometer, may be integrated into one device, such as a smartwatch).
Regarding Claim 8, Troxler in view of Sahin, Mazar, and Shih teaches the device of claim 4 as stated above. Troxler further teaches a patient motion accelerometer device (¶[0040]-[0041], ¶[0050], ¶[0052], and ¶[0091] the accelerometer to measure the user’s motion; Fig. 1) connected with the feedback and motion control system (¶[0042]-[0043] and ¶[0097]-[0100] the various sensors 200, memory/store 206, and AI module 201 are all interconnected, ¶[0129] the input of sensor data to the model; Figs. 3 and 12),
said data store being further encoded with content including acceptable and out of range motion profiles (¶[0101]-[0105] the database 494 that stores newly recorded sensor data and historical sensor data for the user and other users over periods of time, ¶[0068]-[0069], ¶[0072], and ¶[0102]-[0103] the machine learning may be a supervised learning process, which would necessarily include labeled training/historical data; Fig. 4), and
wherein an output of the patient motion accelerometer device is used as a further input to the analytics engine (¶[0101]-[0105] the AI module 498 to receive the sensor data, analyze the sensor data, and output a stimulus output to be implemented on a stimulus device, ¶[0012]-[0013], ¶[0031]-[0033], ¶[0104], and ¶[0122]-[0123] the stress level determined based on the physiological data, the stress level is the emotional state, ¶[0127] certain sensors are associated with certain outputs via a lookup table, ¶[0128] the input is compared to a reference and the output is adjusted based on the comparison, in which the systems may be coupled to the AI engine; Figs. 4 and 10-11).
Regarding Claim 9, Troxler in view of Sahin, Mazar, and Shih teaches the device of claim 8 as stated above. Troxler further teaches the patient motion accelerometer device and the heart rate detection device are combined in a wrist worn device (¶[0040]-[0041] the various sensors, including the accelerometer and the heartrate monitor, may be integrated into one device, such as a smartwatch).
Regarding Claim 10, Troxler in view of Sahin, Mazar, and Shih teaches the device of claim 1 as stated above. Troxler further teaches an audio device (¶[0044]-[0045] and ¶[0101]-[0105] the sensor data is analyzed to implement output to the user via a stimulus device, ¶[0044], ¶[0066], ¶[0078], ¶[0080], ¶[0083]-[0085], and ¶[0124]-[0125] the headphones to output music as the stimulus; Fig. 8) connected with said feedback and control system (¶[0042]-[0043] and ¶[0097]-[0100] the various sensors 200, memory/store 206, and AI module 201 are all interconnected, ¶[0129] the input of sensor data to the model; Figs. 3 and 12),
said data store further encoded with auditory content (¶[0097]-[0100] the memory/store 206, ¶[0044], ¶[0066], ¶[0078], ¶[0080], ¶[0083]-[0085], and ¶[0124]-[0125] the stimulus output as music, the music would necessarily need to be stored in memory to be played; Fig. 3),
said analytics automatically altering operation of the audio device to output said auditory content based on the HIIDAA state of the patient (¶[0101]-[0105] the AI module 498 to receive the sensor data, analyze the sensor data, and output a stimulus output to be implemented on a stimulus device, ¶[0012]-[0013], ¶[0031]-[0033], ¶[0104], and ¶[0122]-[0123] the stress level determined based on the physiological data, the stress level is the emotional state, ¶[0127] certain sensors are associated with certain outputs via a lookup table, ¶[0128] the input is compared to a reference and the output is adjusted based on the comparison, in which the systems may be coupled to the AI engine, ¶[0044], ¶[0066], ¶[0078], ¶[0080], ¶[0083]-[0085], and ¶[0124]-[0125] the headphones to output music as the stimulus; Figs. 4, 8, and 10-11).
Regarding Claim 11, Troxler in view of Sahin, Mazar, and Shih teaches the device of claim 10 as stated above. Troxler further teaches the auditory content comprises music. the auditory content comprises music (¶[0044], ¶[0066], ¶[0078], ¶[0080], ¶[0083]-[0085], and ¶[0124]-[0125] the headphones to output music as the stimulus; Fig. 8).
Regarding Claim 12, Troxler in view of Sahin, Mazar, and Shih teaches the device of claim 3 as stated above. Troxler further teaches an audio device (¶[0044]-[0045] and ¶[0101]-[0105] the sensor data is analyzed to implement output to the user via a stimulus device, ¶[0044], ¶[0066], ¶[0078], ¶[0080], ¶[0083]-[0085], and ¶[0124]-[0125] the headphones to output music as the stimulus; Fig. 8) connected with said feedback and control system (¶[0042]-[0043] and ¶[0097]-[0100] the various sensors 200, memory/store 206, and AI module 201 are all interconnected, ¶[0129] the input of sensor data to the model; Figs. 3 and 12),
said data store further encoded with auditory content (¶[0097]-[0100] the memory/store 206, ¶[0044], ¶[0066], ¶[0078], ¶[0080], ¶[0083]-[0085], and ¶[0124]-[0125] the stimulus output as music, the music would necessarily need to be stored in memory to be played; Fig. 3),
said analytics automatically altering operation of the audio device to output said auditory content based on the HIIDAA state of the patient (¶[0101]-[0105] the AI module 498 to receive the sensor data, analyze the sensor data, and output a stimulus output to be implemented on a stimulus device, ¶[0012]-[0013], ¶[0031]-[0033], ¶[0104], and ¶[0122]-[0123] the stress level determined based on the physiological data, the stress level is the emotional state, ¶[0127] certain sensors are associated with certain outputs via a lookup table, ¶[0128] the input is compared to a reference and the output is adjusted based on the comparison, in which the systems may be coupled to the AI engine, ¶[0044], ¶[0066], ¶[0078], ¶[0080], ¶[0083]-[0085], and ¶[0124]-[0125] the headphones to output music as the stimulus; Figs. 4, 8, and 10-11).
Regarding Claim 13, Troxler in view of Sahin, Mazar, and Shih teaches the device of claim 12 as stated above. Troxler further teaches the auditory content comprises music. the auditory content comprises music (¶[0044], ¶[0066], ¶[0078], ¶[0080], ¶[0083]-[0085], and ¶[0124]-[0125] the headphones to output music as the stimulus; Fig. 8).
Regarding Claim 14, Troxler in view of Sahin, Mazar, and Shih teaches the device of claim 4 as stated above. Troxler further teaches an audio device (¶[0044]-[0045] and ¶[0101]-[0105] the sensor data is analyzed to implement output to the user via a stimulus device, ¶[0044], ¶[0066], ¶[0078], ¶[0080], ¶[0083]-[0085], and ¶[0124]-[0125] the headphones to output music as the stimulus; Fig. 8) connected with said feedback and control system (¶[0042]-[0043] and ¶[0097]-[0100] the various sensors 200, memory/store 206, and AI module 201 are all interconnected, ¶[0129] the input of sensor data to the model; Figs. 3 and 12),
said data store further encoded with auditory content (¶[0097]-[0100] the memory/store 206, ¶[0044], ¶[0066], ¶[0078], ¶[0080], ¶[0083]-[0085], and ¶[0124]-[0125] the stimulus output as music, the music would necessarily need to be stored in memory to be played; Fig. 3),
said analytics automatically altering operation of the audio device to output said auditory content based on the HIIDAA state of the patient (¶[0101]-[0105] the AI module 498 to receive the sensor data, analyze the sensor data, and output a stimulus output to be implemented on a stimulus device, ¶[0012]-[0013], ¶[0031]-[0033], ¶[0104], and ¶[0122]-[0123] the stress level determined based on the physiological data, the stress level is the emotional state, ¶[0127] certain sensors are associated with certain outputs via a lookup table, ¶[0128] the input is compared to a reference and the output is adjusted based on the comparison, in which the systems may be coupled to the AI engine, ¶[0044], ¶[0066], ¶[0078], ¶[0080], ¶[0083]-[0085], and ¶[0124]-[0125] the headphones to output music as the stimulus; Figs. 4, 8, and 10-11).
Regarding Claim 15, Troxler in view of Sahin, Mazar, and Shih teaches the device of claim 14 as stated above. Troxler further teaches the auditory content comprises music. the auditory content comprises music (¶[0044], ¶[0066], ¶[0078], ¶[0080], ¶[0083]-[0085], and ¶[0124]-[0125] the headphones to output music as the stimulus; Fig. 8).
Regarding Claim 16, Troxler in view of Sahin, Mazar, and Shih teaches the device of claim 6 as stated above. Troxler further teaches an audio device (¶[0044]-[0045] and ¶[0101]-[0105] the sensor data is analyzed to implement output to the user via a stimulus device, ¶[0044], ¶[0066], ¶[0078], ¶[0080], ¶[0083]-[0085], and ¶[0124]-[0125] the headphones to output music as the stimulus; Fig. 8) connected with said feedback and control system (¶[0042]-[0043] and ¶[0097]-[0100] the various sensors 200, memory/store 206, and AI module 201 are all interconnected, ¶[0129] the input of sensor data to the model; Figs. 3 and 12),
said data store further encoded with auditory content (¶[0097]-[0100] the memory/store 206, ¶[0044], ¶[0066], ¶[0078], ¶[0080], ¶[0083]-[0085], and ¶[0124]-[0125] the stimulus output as music, the music would necessarily need to be stored in memory to be played; Fig. 3),
said analytics automatically altering operation of the audio device to output said auditory content based on the HIIDAA state of the patient (¶[0101]-[0105] the AI module 498 to receive the sensor data, analyze the sensor data, and output a stimulus output to be implemented on a stimulus device, ¶[0012]-[0013], ¶[0031]-[0033], ¶[0104], and ¶[0122]-[0123] the stress level determined based on the physiological data, the stress level is the emotional state, ¶[0127] certain sensors are associated with certain outputs via a lookup table, ¶[0128] the input is compared to a reference and the output is adjusted based on the comparison, in which the systems may be coupled to the AI engine, ¶[0044], ¶[0066], ¶[0078], ¶[0080], ¶[0083]-[0085], and ¶[0124]-[0125] the headphones to output music as the stimulus; Figs. 4, 8, and 10-11).
Regarding Claim 17, Troxler in view of Sahin, Mazar, and Shih teaches the device of claim 16 as stated above. Troxler further teaches the auditory content comprises music. the auditory content comprises music (¶[0044], ¶[0066], ¶[0078], ¶[0080], ¶[0083]-[0085], and ¶[0124]-[0125] the headphones to output music as the stimulus; Fig. 8).
Regarding Claim 18, Troxler in view of Sahin, Mazar, and Shih teaches the device of claim 1 as stated above. Troxler further teaches a microphone (¶[0036], ¶[0039], and ¶[0098] the microphone for measuring audio of the user) connected with the feedback and motion control system (¶[0042]-[0043] and ¶[0097]-[0100] the various sensors 200, memory/store 206, and AI module 201 are all interconnected, ¶[0129] the input of sensor data to the model; Figs. 3 and 12),
wherein an output of the microphone is used as a further input to the analytics engine (¶[0101]-[0105] the AI module 498 to receive the sensor data, analyze the sensor data, and output a stimulus output to be implemented on a stimulus device, ¶[0012]-[0013], ¶[0031]-[0033], ¶[0104], and ¶[0122]-[0123] the stress level determined based on the physiological data, the stress level is the emotional state, ¶[0127] certain sensors are associated with certain outputs via a lookup table, ¶[0128] the input is compared to a reference and the output is adjusted based on the comparison, in which the systems may be coupled to the AI engine; Figs. 4 and 10-11).
Regarding Claim 19, Troxler in view of Sahin, Mazar, and Shih teaches the device of claim 18 as stated above. Troxler further teaches the data store is further encoded with content including previously captured recordings of the patient in non-HIIDAA states and HIIDAA states (¶[0101]-[0105] the database 494 that stores newly recorded sensor data and historical sensor data for the user and other users over periods of time, ¶[0068]-[0069], ¶[0072], and ¶[0102]-[0103] the machine learning may be a supervised learning process, which would necessarily include labeled training/historical data; Fig. 4).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Troxler in view of Sahin, Mazar, and Shih as applied to claim 1 above, and in view of Tundo et al. (US Patent 9,574,647), hereinafter Tundo.
Regarding Claim 20, Troxler in view of Sahin, Mazar, and Shih teaches the device of claim 1 as stated above. The modified Troxler is silent regarding a selectively actuated platform locking pin.
Tundo teaches a reciprocating rocking device for the rocking of a chair or cradle (see abstract and Figs. 1 and 8-10), in which locking pins may be usable to lock various components (see col. 7 ln. 13-26, the locking pin 6f for the adjustable height of the footrest 1f, Figs. 6 and 11; see col. 7 ln. 27 – col. 8 ln. 6, the pins 126 to lock the body 140 to the base, Figs. 12-12A).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the locking pins of Tundo with the motion device of the modified Troxler because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results; and/or (2) locking pins are known structures which one of ordinary skill in the art before the effective filing date would have recognized could be utilized to lock motion of the motion device; and/or (3) locking the chair to the motion base would allow the chair to be properly secured during motion and easily removable when not in motion; and/or (4) the modified Troxler requires attachment of the chair to the motion device and Tundo teaches one such implementation.
Here, claim 20 requires a “selectively actuated platform locking pin”. Under the broadest reasonable interpretation (BRI), such a pin is a pin capable of individual actuation, automatic or manual, and located about the motion device. As any one of the pins of the modified Troxler fall under this BRI, the modified Troxler teaches the claim as presently written. While the specification indicates additional structures that may be utilized (i.e., automatic actuation with solenoids, etc.), such elements are not presently recited in the claim, and thus not limiting.
Response to Arguments
Applicant’s arguments, 35 U.S.C. § 112(f)
Applicant’s arguments, see pg. 6, filed March 24, 2026, with respect to the interpretation of claim 20 under 35 U.S.C. § 112(f) have been fully considered and are persuasive. Therefore, the interpretation has been withdrawn.
Applicant’s arguments, claim objections
Applicant’s arguments, see pg. 6, filed March 24, 2026, with respect to the objections of claims 1 and 3-5 have been fully considered and are persuasive. Therefore, the objections have been withdrawn.
Applicant’s arguments, 35 U.S.C. § 112(a)
Applicant’s arguments, see pg. 6-7, filed March 24, 2026, with respect to the rejections of claims 1-20 under 35 U.S.C. § 112(a) have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, a new grounds of rejection are made in view of Applicant’s amendment filed on March 24, 2026.
Applicant’s arguments, 35 U.S.C. § 112(b)
Applicant’s arguments, see pg. 7-8, filed March 24, 2026, with respect to the rejections of claims 1-20 under 35 U.S.C. § 112(b) have been fully considered and are persuasive, except for the rejections to claims 4, 6, and 8. Therefore, those rejections have been withdrawn. However, upon further consideration, a new grounds of rejection are made in view of Applicant’s amendment filed on March 24, 2026.
Applicant argues, with regard to claims 4, 6, and 8, that such patient profiles are patient specific and cannot be defined, and are not part of the claim, but a location in the data store. The examiner respectfully disagrees. Whether the patient profiles needing to be patient specific or not, is not described in the specification. Rather, such elements are not described in the specification such that the metes and bounds of the claim are not clear. Furthermore, as written, the claims further limit the data store, which from claim 1 is part of the claimed system, to further encode the acceptable and out of range profiles. As such recitations are positively recited elements within the claim, they are altering the claim scope, and thus causing the metes and bounds of the claim to be unclear. Therefore, Applicant’s arguments are not persuasive.
Applicant’s arguments, 35 U.S.C. § 103
Applicant’s arguments, see pg. 8-9, filed March 24, 2026, with respect to the rejections of claims 1-20 under 35 U.S.C. § 103 have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, a new grounds of rejection are made in view of Mazar et al. (US Patent Application Publication 2015/0302539) and in view of Shih (US Patent Application Publication 2019/0298064), and, with regard to claim 20, in view of Tundo et al. (US Patent 9,574,647).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Winge (US Patent 4,768,497) teaches a rocking platform for wheelchairs including a platform pivotally attached to a base housing (see abstract and Fig. 1).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/J.D.M./ Examiner, Art Unit 3791
/JENNIFER ROBERTSON/ Supervisory Patent Examiner, Art Unit 3791
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