DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/2/26 has been entered.
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 .
Notice of Amendment
This communication is responsive to the amendment(s) and/or argument(s) filed 4/2/26. The previous ground(s) of objection and/or rejection is/are withdrawn. The following new and/or reiterated ground(s) of rejection is/are set forth hereinbelow.
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:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claim(s) 1-7 and 9-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Izvarina (US 10,772,529 B2).
For claim 1, Izvarina discloses a signal processing apparatus for improving cognitive function (Figs 3-6B, especially 6A-6B) (Cols 2, 15-22 and 27), comprising inter alia:
a memory (memory for Fig 6A-6B) (Figs 3-6B) (Cols 2, 15-22 and 27) that stores instructions (instructions for Figs 6A-6B) (Figs 3-6B) (Cols 2, 15-22 and 27, especially Col 15-16);
a processor (processor for Figs 6A-6B) (Figs 3-6B) (Cols 2, 15-22 and 27) that executes the instructions stored in the memory to:
receive an input acoustic signal (620) (Figs 3-6B) (Cols 2, 15-22 and 27, especially Cols 15-16);
amplitude-modulate the received input acoustic signal to generate an output acoustic signal having an amplitude change corresponding to a frequency between 35 Hz and 45 Hz (via 695 menu selection of only gamma stimulation waveform) (Figs 3-6B) (Cols 2, 15-22 and 27, especially Cols 15-16), wherein the processor does not perform amplitude modulation to generate an acoustic signal having an amplitude change corresponding to a frequency outside a range of 35 Hz to 45 Hz for the received input acoustic signal (via 695 menu selection of only gamma stimulation waveform) (Figs 3-6B) (Cols 2, 15-22 and 27, especially Cols 15-16); and
output the generated output acoustic signal (630) (Figs 3-6B) (Cols 2, 15-22 and 27, especially Col 15-16).
For claim 2, Izvarina discloses the claimed the signal processing apparatus according to claim 1, wherein the output acoustic signal has an asymmetric rise and fall of an envelope of an amplitude waveform (Figs 3-6B) (Cols 2, 15-22 and 27, especially Cols 2 and 27).
For claim 3, Izvarina discloses the signal processing apparatus according to claim 2, wherein the rise of the envelope of the amplitude waveform in the output acoustic signal is steeper than the fall of the envelope (Figs 3-6B) (Cols 2, 15-22 and 27, especially Cols 2 and 27).
For claim 4, Izvarina discloses the signal processing apparatus according to claim 3, wherein the envelope of the amplitude waveform of the output acoustic signal is an inverse-sawtooth waveform (Figs 3-6B) (Cols 2, 15-22 and 27, especially Cols 2 and 27).
For claim 5, Izvarina discloses the signal processing apparatus according to claim 2, wherein the fall of the envelope of the amplitude waveform in the output acoustic signal is steeper than the rise of the envelope (Figs 3-6B) (Cols 2, 15-22 and 27, especially Cols 2 and 27).
For claim 6, Izvarina discloses the signal processing apparatus according to claim 5, wherein the envelope of the amplitude waveform of the output acoustic signal is sawtooth waveform (Figs 3-6B) (Cols 2, 15-22 and 27, especially Cols 2 and 27).
For claim 7, Izvarina discloses the signal processing apparatus according to claim 1, wherein an envelope of an amplitude waveform of the output acoustic signal is sinusoidal waveform (Figs 3-6B) (Cols 2, 15-22 and 27, especially Cols 2 and 27).
For claim 9, Izvarina discloses the signal processing apparatus according to claim 1, wherein the input acoustic signal includes an audio signal corresponding to music content (Figs 3-6B) (Cols 2, 15-22 and 27, especially Cols 15-16).
For claim 16, Izvarina discloses the signal processing apparatus according to claim 1, wherein the processor further executes the instructions stored in the memory to: determine a modulation method based on characteristics of the input acoustic signal (Figs 3-6B) (Cols 2, 15-22 and 27), wherein the output acoustic signal is generated by performing modulation processing according to the determined modulation method on the received input acoustic signal (Figs 3-6B) (Cols 2, 15-22 and 27).
For claim 17, Izvarina discloses signal processing apparatus of claim 1, wherein the output acoustic signal induces gamma waves in a brain of a listener to improve cognitive function of the listener (Figs 3-6B) (Cols 2, 15-22 and 27).
For claim 10, Izvarina discloses a signal processing method for improving cognitive function (Figs 3-6B, especially 6A-6B) (Cols 2, 15-22 and 27), comprising inter alia:
receiving (at 620) an input acoustic signal (Figs 3-6B) (Cols 2, 15-22 and 27, especially Col 15-16);
amplitude-modulating the received input acoustic signal to generate an amplitude change corresponding to a frequency between 35 Hz and 45 Hz Hz (via 695 menu selection of only gamma stimulation waveform) (Figs 3-6B) (Cols 2, 15-22 and 27, especially Cols 15-16); and
outputting (at 630) the generated output acoustic signal to induce gamma wanves in a brain of a listener to improve cognitive function of the listener (Figs 3-6B) (Cols 2, 15-22 and 27, especially Col 15-16).
For claim 11, Izvarina discloses the signal processing method according to claim 10, wherein the output acoustic signal has an asymmetric rise and fall of an envelope of an amplitude waveform waveform (Figs 3-6B) (Cols 2, 15-22 and 27, especially Cols 2 and 27).
For claim 12, Izvarina discloses the signal processing method according to claim 10, wherein an envelope of an amplitude waveform of the output acoustic signal is sinusoidal waveform (Figs 3-6B) (Cols 2, 15-22 and 27, especially Cols 2 and 27).
For claim 13, Izvarina discloses a non-transitory computer-readable recording medium that stores a program which causes a computer to execute a method for improving cognitive function (Figs 3-6B, especially 6A-6B) (Cols 2, 15-22 and 27), comprising inter alia:
receiving (at 620) an input acoustic signal (Figs 3-6B) (Cols 2, 15-22 and 27, especially Col 15-16);
amplitude-modulating the received input acoustic signal to generate an output acoustic signal having an amplitude change corresponding to a frequency between 35 Hz and 45 Hz (via 695 menu selection of only gamma stimulation waveform) (Figs 3-6B) (Cols 2, 15-22 and 27, especially Cols 15-16), wherein the program does not cause the computer to perform amplitude modulation to generate an acoustic signal having an amplitude change corresponding to a frequency outside a range of 35 Hz to 45 Hz for the received input acoustic signal (via 695 menu selection of only gamma stimulation waveform) (Figs 3-6B) (Cols 2, 15-22 and 27, especially Cols 15-16); and
outputting (at 630) the generated output acoustic signal (Figs 3-6B) (Cols 2, 15-22 and 27, especially Col 15-16).
For claim 14, Izvarina discloses the non-transitory computer-readable recording medium according to claim 13, wherein the output acoustic signal has an asymmetric rise and fall of an envelope of an amplitude waveform (Figs 3-6B) (Cols 2, 15-22 and 27, especially Cols 2 and 27).
For claim 15, Izvarina discloses the non-transitory computer-readable recording medium according to claim 13, wherein an envelope of an amplitude waveform of the output acoustic signal is sinusoidal waveform (Figs 3-6B) (Cols 2, 15-22 and 27, especially Cols 2 and 27).
For claim 18, Izvarina discloses the non-transitory computer-readable recording medium according to claim 13, wherein the output acoustic signal induces gamma waves in a brain of a listener to improve cognitive function of the listener (Figs 3-6B) (Cols 2, 15-22 and 27).
Response to Arguments
Applicant’s arguments, see pages 6-8, filed 4/2/26, with respect to the rejection(s) of the amended claim(s) as not being obvious under Daulton in view of Martorell have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Izvarina as set forth hereinabove.
Conclusion
The cited prior art made of record on the accompanying PTO-892 and not relied upon is considered pertinent to applicant's disclosure, relating to means for generating and outputting amplitude modulating gamma wave entrainment frequencies between 35-45 Hz based on input acoustic signal(s).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey G. Hoekstra whose telephone number is (571)272-7232. The examiner can normally be reached Monday through Thursday from 5am-3pm EST.
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Jeffrey G. Hoekstra
Primary Examiner
Art Unit 3791
/JEFFREY G. HOEKSTRA/ Primary Examiner, Art Unit 3791
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