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 .
Specification
The disclosure should be carefully reviewed to ensure that any and all grammatical, idiomatic, and spelling or other minor errors are corrected.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters not mentioned in the description:
In figure 1: 106a-n, 108a-n, and 122;
In figure 2: 208; and
In figure 3: 300.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference characters in the description in compliance with 37 CFR 1.121(b) 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. 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.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 2, 5, 6, 10-12, 17 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 111558205A.
With respect to claim 1, CN 111558205A discloses a musical instrument therapy device [note Abstract: “The invention provides a breathing training device for folk music”; note these training devices would be placed on an instrument], comprising:
a tubular body [8] defining an air column;
a mouthpiece [6, translation page 6, lines 15; also translation page 6, lines 22-25], located at a first end of the tubular body [8] configured to receive a blow input;
a mute [breathing resistance device, page 5, lines 24-27] located at a second end of the tubular body [8] configured to mute the blow input [offering more resistance would inherently mute the instrument];
at least one sensor [translation page 3, lines 10-11: “pressure sensor corresponding to the top block (11) is arranged at the bottom of the bottom plate (18)”; figures 1 and 3] configured to obtain measurements associated with the blow input [translation page 6, lines 22-25, “the controller receives the contact information”]; and
an indicator configured to provide an indication of the measurements [translation page 6, lines 24-25: “the controller displays the pressure value on the screen of the timing table 12 at the same time”; figure 1].
With respect to claim 2, CN 111558205A discloses a backpressure regulator [breathing resistance device, page 5, lines 24-27] operative to adjust an amount of back pressure in the tubular body [8].
With respect to claim 5, CN 111558205A discloses a processing unit [controller; translation page 6, lines 22-25] operative to:
make one or more determinations associated with the blow input based on the obtained measurements [determination to start timing];
communicate the one or more determinations to the indicator for providing an indication of the one or more determinations [“displays the pressure value on the screen of the timing table 12].
With respect to claim 6, CN 111558205A discloses the one or more determinations includes a determination as to whether the blow input is within a threshold of a properly performed blow input based on one or more sensor measurements [translation page 6, lines 22-25].
With respect to claim 10, CN 111558205A discloses
the at least one sensor is an air pressure sensor; and
the indicator is an air pressure gauge [translation page 6, lines 22-25; the pressure is being displayed].
With respect to claim 11, CN 111558205A discloses the mouthpiece is designed to emulate a mouthpiece of a drone instrument [translation page 3, lines 25-27; the xiao can be used to create drone music].
With respect to claim 12, CN 111558205A discloses at least one auxiliary mouthpiece designed to emulate a mouthpiece of a wind instrument [translation page 3, lines 25-27].
With respect to claim 17, CN 111558205A discloses a method for providing strengthening therapy comprising:
receiving a blow input via a mouthpiece [6, translation page 6, lines 15; also translation page 6, lines 22-25] of a musical instrument therapy device [note Abstract: “The invention provides a breathing training device for folk music”];
obtaining one or more measurements associated with the blow input from at least one sensor [translation page 3, lines 10-11: “pressure sensor corresponding to the top block (11) is arranged at the bottom of the bottom plate (18)”; figures 1 and 3; translation page 6, lines 22-25, “the controller receives the contact information”]; and
providing an indication of the one or more measurements [translation page 6, lines 24-25: “the controller displays the pressure value on the screen of the timing table 12 at the same time”; figure 1].
With respect to claim 20, CN 111558205A discloses
making one or more determinations associated with the blow input based on the obtained measurements [translation page 6, lines 22-25], wherein the one or more determinations includes a determination as to whether the blow input is within a threshold of a properly performed blow input based on one or more sensor measurements [the pressure sensor only registers if the top block contacts the pressure sensor]; and
communicating the one or more determinations to the indicator for providing an indication of the one or more determinations [translation page 6, lines 24-25: “the controller displays the pressure value on the screen of the timing table 12 at the same time”; figure 1].
Claim Rejections - 35 USC § 103
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.
Claims 4, 13-16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over CN 111558205A in view of WO 2017/072036.
With respect to claim 4, CN 111558205A discloses a processing unit operative to provide the measurements collected from the at least one sensor to the indicator [translation page 6, lines 24-25: “the controller displays the pressure value on the screen of the timing table 12 at the same time”; figure 1].
CN 111558205A does not disclose the processing unit provides the measurements collected from the at least one sensor to an external device to be tracked by an application executing on the external device.
WO 2017/072036 teaches a breathing training, monitoring and assistance device for use by COPD patients which includes a sensor for measuring the breathing characteristics of the user and a remote device which inherently includes memory to receive transmitted sensor data and to store and display breathing exercises and training [page 9, line 11-14; page 10, line 20 - page 11, line 10]. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to form the device of CN 111558205A to include a remote device such as a computer or smart phone so the processing unit can provide the measurements collected from the at least one sensor to an external device to be tracked by an application executing on the external device as taught by WO 2017/072036 so that the user can track their progress.
With respect to claim 13, CN 111558205A discloses a system comprising:
at least one processing device [translation page 6, lines 24-25: note “controller”];
a musical instrument therapy device [note Abstract: “The invention provides a breathing training device for folk music”],
at least one sensor in the musical instrument therapy device [translation page 3, lines 10-11: “pressure sensor corresponding to the top block (11) is arranged at the bottom of the bottom plate (18)”; figures 1 and 3];
wherein the measurements are associated with a blow input received by the musical instrument therapy device [6, translation page 6, lines 15; also translation page 6, lines 22-25]; and
provide an indication of the received measurements [translation page 6, lines 24-25: “the controller displays the pressure value on the screen of the timing table 12 at the same time”; figure 1].
CN 111558205A does not disclose a memory that stores computer executable instructions for providing strengthening therapy, which when executed by the at least processing device, operates to receive, from a musical instrument therapy device, measurements obtained by at least one sensor.
WO 2017/072036 teaches a breathing training, monitoring and assistance device for use by COPD patients which includes a sensor for measuring the breathing characteristics of the user and a remote device which inherently includes memory to receive transmitted sensor data and to store and display breathing exercises and training [page 9, line 11-14; page 10, line 20 - page 11, line 10]. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to form the device of CN 111558205A to include a remote device such as a computer or smart phone with a memory that stores computer executable instructions for providing strengthening therapy, which when executed by the at least processing device, operates to receive, from a musical instrument therapy device, measurements obtained by at least one sensor as taught by WO 2017/072036 so the user can receive instant feedback on ways to improve breathing technique.
With respect to claim 14, CN 111558205A does not disclose the system is further operative to track the received measurements.
WO 2017/072036 teaches a breathing training, monitoring and assistance device for use by COPD patients which includes a sensor for measuring the breathing characteristics of the user and a remote device which inherently includes memory to receive transmitted sensor data and to store and display breathing exercises and training [page 9, line 11-14; page 10, line 20 - page 11, line 10]. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to form the device of CN 111558205A to include a remote device such as a computer or smart phone so the system is further operative to track the received measurements as taught by WO 2017/072036 so that the user can track their progress.
With respect to claim 15, CN 111558205A does not discloses the system is further operative to:
receive a baseline measurement;
compare the received measurements against the baseline measurement; and
provide a visual indication of the received measurements in relation to the baseline measurement.
WO 2017/072036 teaches a breathing training, monitoring and assistance device for use by COPD patients which includes a sensor for measuring the breathing characteristics of the user and a remote device which inherently includes memory to receive transmitted sensor data and to store and display breathing exercises and training [page 9, line 11-14; page 10, line 20 - page 11, line 10]. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to form the device of CN 111558205A to receive a baseline measurement or the first time a user preforms the training; compare later received measurements against the baseline measurement; and provide a visual indication of the received measurements in relation to the baseline measurement as taught by WO 2017/072036 so that the user can track their progress.
With respect to claim 16, CN 111558205A does not disclose the processing unit provides the air pressure sensor measurements collected from the at least one sensor to an external device to be tracked by an application executing on the external device.
WO 2017/072036 teaches a breathing training, monitoring and assistance device for use by COPD patients which includes a sensor for measuring the breathing characteristics of the user and a remote device which inherently includes memory to receive transmitted sensor data and to store and display breathing exercises and training [page 9, line 11-14; page 10, line 20 - page 11, line 10]. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to form the device of CN 111558205A to include a remote device such as a computer or smart phone so the processing unit can provide the measurements collected from the air pressure sensor measurements to an external device to be tracked by an application executing on the external device as taught by WO 2017/072036 so that the user can track their progress.
With respect to claim 19, CN 111558205A does not disclose providing one or more measurements to an external device to be tracked by an application executing on the external device.
WO 2017/072036 teaches a breathing training, monitoring and assistance device for use by COPD patients which includes a sensor for measuring the breathing characteristics of the user and a remote device which inherently includes memory to receive transmitted sensor data and to store and display breathing exercises and training [page 9, line 11-14; page 10, line 20 - page 11, line 10]. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to form the device of CN 111558205A to providing one or more measurements to an external device to be tracked by an application executing on the external device as taught by WO 2017/072036 so that the user can track their progress.
Allowable Subject Matter
Claims 3, 7-9 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.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mueller (2019/0341008) – note figures 1-7; and
Johnson (2015/0027294) – note figures 1-4.
Conclusion
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/LAURA K TSO/ Primary Examiner, Art Unit 2875