DETAILED ACTION Double Patenting 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. Drawings Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification: The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee. Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2). Further, the drawings are objected to because figure 3 and 24 includes characters that are either too blurry or too small to read. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1, 12, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over c laim 27 of U.S. Patent No. US 11,717,686 (Poltroak, hereinafter “the ‘686 patent”) . Although the claims at issue are not identical, they are not patentably distinct from each other . Claim 27 of the ‘686 patent is directed to a programmable processor to automatically perform a process including determining a stimulation pattern adapted to induce a brain wave electrical activity in a second subject having a correspondence to the brain wave electrical activity data associated with the cognitive state representing the readiness for training in the physical activity event, followed by performance of the physical activity event; and instructions for adaptively controlling the stimulation pattern dependent on the monitored brain wave electrical activity in the second subject over time, to synchronize an electrical phase timing of a representation of the brain wave electrical activity data of the first subject during performance of the physical activity event in the stimulation pattern with the determined brain wave electrical activity of the second subject. Claim 27 of the ‘686 patent recites control of a programmable processor to automatically perform a process, requirement of a brainwave detector that captures brainwaves electrical activity of a user, providing a stimulation pattern to the second subject representing readiness for training in the physical activity event which is distinguished from stimulation provided during performance of the physical activity event, and providing stimulation based on these determined patterns. Claim 27 of the ‘686 patent is directed to the similar features as in instant claims 1, 12, and 20, but with added features relating to determination of brain activity for a first subject. The features of claim 27 of the ‘686 patent encompass the features as recited in instant claims 1, 12, and 20. Claims 2-7, 10, 11, 13-17, and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 27 of U.S. Patent No. US 11,717,686 (Poltroak, hereinafter “the ‘686 patent”). Although the claims at issue are not identical, they are not patentably distinct from each other. Regarding claims 2-7, 10, 11, 13-17, and 19, claim 27 of the ‘686 patent is directed to the features as outlined in the rejection of claim 1 above. Claim 27 of the ‘686 patent includes instructions for adaptively controlling the stimulation pattern dependent on the monitored brain wave electrical activity in the second subject over time, to synchronize an electrical phase timing of a representation of the brain wave electrical activity data of the first subject during performance of the physical activity event in the stimulation pattern with the determined brain wave electrical activity of the second subject, including generation of a stimulus with features as conventionally known in the art. This feature of the claim recites control of a conventionally known neural stimulator to stimulate the user training in the motor skill with a stimulus dependent on a brainwave pattern of the subject skilled in the motor skill. Therefore, claim 27 encompasses the features as recited in instant claims 2-7, 10, 11, 13-17, and 19. Allowable Subject Matter Claims 8, 9, and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Lindsey G Wehrheim whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5181 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday - Friday 9 a.m. - 5 p.m. EST . 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, FILLIN "SPE Name?" \* MERGEFORMAT Niketa Patel can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-4156 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. FILLIN "Examiner Stamp" \* MERGEFORMAT Lindsey G Wehrheim Primary Examiner Art Unit 3799 /LINDSEY G WEHRHEIM/ Primary Examiner, Art Unit 3799 3/21/2026