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 .
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.
(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) 1-15 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Kalensky (U.S. Publication Number 2019/0224444).
Referring to claim 1, Kalensky discloses comprising: a receiver configured to receive a signal based on sensor data including vocalization data from a subject (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2); and a body which includes: a breathing simulator configured to simulate the breathing of the subject; and a vocalization simulator configured to simulate the vocalization of the subject; wherein the body simulator is configured to modulate the simulated breathing based on the vocalization data by adjusting an amplitude of the simulated breathing during the simulated vocalization (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2).
Referring to claim 2, Kalensky discloses wherein the body simulator is configured to intermittently synchronize the simulated breathing and the simulated vocalization (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2).
Referring to claim 3, Kalensky discloses wherein the simulated breathing is based on a breath component of the signal, and the simulated breathing is based on a vocalization component of the signal (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2)
Referring to claim 4, Kalensky discloses wherein the body simulator is configured such that: the simulated breathing of the subject is generated in real-time, and the simulated vocalization of the subject is generated in real-time (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2).
Referring to claim 5, Kalensky discloses wherein the body simulator is configured such that: the simulated breathing includes a periodic component and a modulation (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2).
Referring to claim 6, Kalensky discloses wherein the body simulator is configured such that: the modulation is based on a vocalization component of the received signal (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2).
Referring to claim 7, Kalensky discloses wherein the body simulator is configured such that: the modulation is an intermittent modulation (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2).
Referring to claim 8, Kalensky discloses wherein the body simulator is configured such that: the modulation is at least one of: a phase shift, a delay, a positive pulse superimposed on the simulated breathing, a negative pulse superimposed on the simulated breathing, an increase in amplitude, or a decrease in amplitude (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2).
Referring to claim 9, Kalensky discloses wherein the body simulator is configured such that: the modulation is determined by a machine learning algorithm (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2).
Referring to claim 10, Kalensky discloses, wherein the body simulator is configured such that: the simulated breathing is determined by the machine learning algorithm (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2).
Referring to claim 11, Kalensky discloses wherein the machine learning algorithm is configured to predict a beginning of an utterance or a speech break (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2).
Referring to claim 12, Kalensky discloses wherein the body includes: a chest region, and a head and neck region; and wherein the breathing simulator is at the chest region, and wherein the vocalization simulator is at the head and neck region (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2).
Referring to claim 13, Kalensky discloses comprising: at least one sensor for acquiring breathing data and vocalization data (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2); a transmitter for transmitting a signal including a breathing component and a vocalization component (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2); wherein the breathing component is based on the breathing data and is modulated based on the vocalization data by adjusting an amplitude of the simulated breathing during the simulated vocalization (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2).
Referring to claim 14, Kalensky discloses comprising: at least one sensor for acquiring vocalization data (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2); a transmitter for transmitting a signal based on the vocalization data (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2); and a body simulator (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2) comprising: a receiver configured to receive the signal, and a breathing simulator configured to simulate the breathing of the subject (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2); wherein the system is configured to modulate the simulated breathing based on the vocalization data (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2).
Referring to claim 15, Kalensky discloses comprising: determining vocalization data from at least one sensor (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2); transmitting a signal based on the vocalization data (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2); receiving the signal at a body simulator (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2); simulating breathing (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2); simulating vocalization based on the vocalization data (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2); and modulating the simulated breathing based on the vocalization data (paragraphs 0015, 0041, 0042, 0087, 0088 & Figure 2).
Response to Arguments
Applicant's arguments filed 12/31/2025 have been fully considered but they are not persuasive. The currently amended claims do not further limit the structural claims. Therefore, the current prior art still applies to the claims.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KESHA FRISBY whose telephone number is (571)272-8774. The examiner can normally be reached Monday-Friday 730AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai can be reached at 571-272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KESHA FRISBY/Primary Examiner, Art Unit 3715