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 Amendments
The Amendment filed 6/24/2026 has been entered. Claims 1, 4, 7-9, 14, and 17-18 were amended. Thus, claims 1-18 are pending in the application.
Drawings
The drawings are objected to because Figs. 2 and 5 show exploded views that require a bracket to embrace their separated parts (see MPEP 608.02(V)(h)(1)). 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.
Specification/Abstract
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it is less than 50 words in length. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 1, 4, and 14 are objected to because of the following informalities:
Claim 1 recites “the program code” in lines 6 and 7, and is suggested to read --the executable program code-- in order to more clearly reference how the limitation was originally claimed.
Claim 4 recites “operates” in line 2, and is suggested to read --configured to operate-- in order to be grammatically correct.
Claim 14 recites “the at least one user action” in lines 14 and 16, and is suggested to read --the at least one of the first user action, the second user action, and the third user action-- in order to more clearly reference how the limitation was originally claimed.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 1-13 and 16-18 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.
Regarding claim 1, the limitations “a user action” in line 14 and “the user action” in lines 16 and 18 are confusing, as it is unclear whether these limitations are meant to be the same as or separate from “a first user action” in line 10, “a second user action” in line 11, and/or “a third user action” in line 12. For the purposes of examination, the “a user action” and “the user action” will be interpreted as at least one of “a first user action”, “a second user action”, and “a third user action”.
Regarding claim 4, the limitation “an air pressure sensor” in line 2 is confusing, as it is unclear whether this limitation is meant to be the same as or different from “an air pressure sensor” in claim 1. For the purposes of examination, they will be interpreted as the same limitation.
Regarding claim 16, the limitation “an air pressure sensor” in line 1 is confusing, as it is unclear whether this limitation is meant to be the same as or different from “an air pressure sensor” in claim 14. For the purposes of examination, they will be interpreted as the same limitation.
Claim 17 recites the limitation "the breathwork sequence" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Any remaining claims are rejected based on their dependency on a rejected base claim.
Claim Rejections - 35 USC § 102/103
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 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.
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 1-4 and 7-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chesbrough et al. (US 2019/0290959 A1).
Regarding claim 1, as best understood, Chesbrough discloses a breathwork tool (breathing device) (abstract), comprising:
a mouth, having a breath intake hole (mouthpiece 12 has inlet orifice 30 to permit a user’s inhales and exhales) (Figs. 1-3; para. [0037]);
a housing extending from a first end detachably connected to the mouth (housing 14 has an end detachably connected to the mouthpiece 12) (Figs. 1-7; para. [0037]) and a second end connected to an electrical connector (housing 14 has a charging port on its distal end 17 to connect to charging port 42 of charging stand 40) (Fig. 3; para. [0045]), the housing having an interior space containing a rechargeable battery powering a memory storing executable program code and a processing unit to execute the program code (battery 54 inside housing 14 can be recharged, and is used to power memory 72 to store instructions and commands controller 56 to perform the operations) (Fig. 7; para. [0043]; para. [0054]; para. [0056]), the interior space further containing an air pressure sensor coupled to the processing unit (pressure sensor 50 inside the housing 14 to sense the inhale and exhale pressures; pressure sensor 50 transmits pressure signals to the controller 56, and tracks inhale and exhale status over time) (Fig. 7; para. [0050]), wherein the processing unit executes the program code to cause the breathwork tool to
generate a first signal indicating a start of a breathwork sequence (controller 56 controls vibratory device 52; a first vibratory pulse in a number of pulses can cue a user to start the first inhale period of a breathing session) (Fig. 9; para. [0052]; para. [0071]);
generate a second signal indicating a first user action (subsequent vibratory pulses after the first in a number of pulses can cue a user to continue to inhale; additionally or alternatively, the vibratory output to signal for each inhalation after the first inhalation in the breathing session) (Fig. 9; para. [0052]; para. [0071]);
generate a third signal indicating at least a second user action (the vibratory output to signal for exhalations in the breathing session) (Fig. 9; para. [0052]; para. [0071]); and
generate at least a fourth signal indicating a termination of the breathwork sequence (a last vibratory pulse in a number of pulses can cue a user to end the last exhale period of a breathing session) (Fig. 9; para. [0052]; para. [0071]);
measure, via the air pressure sensor, air pressure associated with a user action performed in response to at least one of the signals (pressure sensor 50 measures the pressure of the user’s inhales and exhales over time; a user inhales and exhales based on the vibratory pulse cues) (Fig. 7; para. [0050]; para. [0052]);
determine, based on the measured air pressure, whether the user action is performed in accordance with the breathwork sequence (pressure sensor 50 is used to track the user’s air pressure over time to determine whether an inhale period, exhale period, or hold period has been achieved) (para. [0050]); and
generate a feedback signal indicating whether the user action is performed properly (user can get real-time feedback regarding inhales, exhales, and hold times of a breathing pattern; controller 56 can use successive light emitters 74 to show a user when they are having success in approaching a successful inhale or exhale period) (Figs. 7, 9; para. [0072]; para. [0081]).
Regarding claim 2, Chesbrough discloses wherein the interior space further contains at least a first wireless communication port for transmitting and receiving data between the processing unit and an external user device (Bluetooth module 58 inside housing 14 is used to wirelessly transmit and receive data between the controller 56 and a handheld user device 202/computer 204) (Figs. 7-8; para. [0057]; paras. [0064-0065]).
Regarding claim 3, Chesbrough discloses wherein the interior space further contains (i) a vibration motor and at least one of the signals controls operation of the vibration motor (vibratory device 52 is inside of housing 14, and controller 52 transmits the signals to the vibratory device 52 to cue the user) (Fig. 7; para. [0052]), and (ii) a light source and at least one of the signals controls operation of the light source (light emitters 74 are inside the housing 14, and controller 52 transmits the signals to the light emitters 74 to cue the user) (Fig. 7; para. [0061]).
Regarding claim 4, as best understood, Chesbrough discloses wherein the interior space further contains an air pressure sensor operates with the processing unit to monitor the air pressure within the housing (pressure sensor 50 inside the housing 14 to sense the inhale and exhale pressures; pressure sensor 50 transmits pressure signals to the controller 56, and tracks inhale and exhale status over time) (Fig. 7; para. [0050]).
Regarding claim 7, Chesbrough discloses wherein the processing unit is further configured to execute the executable program code (breathing device 10 executes operations with the controller 56, such as computer code) (para. [0056]) to cause the breathwork tool to: receive a breathwork sequence from the external user device (a user selects a pre-determined breathing pattern on a handheld user device 202 or computer 204, which is then transmitted to the breathing device 10 to be executed) (Figs. 8, 12; para. [0080]); and store the breathwork sequence in the memory (instructions and commands for the breathing pattern data are stored in the memory 72, which can be updated) (paras. [0055-0056]; para. [0080]).
Regarding claim 8, Chesbrough discloses wherein the processing unit is further configured to execute the executable program code to cause the breathwork tool to: execute the stored breathwork sequence (breathing device 10 executes operations with the controller 56 from the instructions in memory 72, and so would execute the selected breathing pattern) (Figs. 8, 12; paras. [0055-0056]; para. [0080]).
Regarding claim 9, Chesbrough discloses wherein the processing unit is further configured to execute the executable program code (breathing device 10 executes operations with the controller 56, such as computer code) (para. [0056]) to cause the breathwork tool to: capture air pressure data from the air pressure sensor (pressure sensor 50 transmits pressure signals to the controller 56, and tracks inhale and exhale status over time) (Fig. 7; para. [0050]); and transmit the air pressure data to the external user device (controller 56 is configured to transmit and receive signals to Bluetooth module 58, which transmits the pressure data to the handheld user device 202) (Figs. 7-8; para. [0055]; para. [0057]; para. [0064]).
Regarding claim 10, Chesbrough discloses wherein the second signal is a vibration each second for a period of time and the first user action is an inhale (vibratory pulses to cue a user to inhale can have a duration of 1 second or less; there can be a number of vibratory pulses, e.g. 4, that occur over the period of time for an inhale, e.g. 4 seconds, and so there can be a vibratory pulse for each second of the period of time to inhale) (Fig. 9; para. [0052]; para. [0080]).
Regarding claim 11, Chesbrough discloses wherein the third signal is a continuous haptic vibration for a second period of time and the second user action is an exhale (vibratory signal for an exhale period of time can be 1 vibratory pulse, and so would be continuous) (para. [0052]).
Regarding claim 12, Chesbrough discloses further comprising: capturing air pressure data during the second period of time to measure information associated with the exhale (pressure sensor 50 detects the user’s exhale pressure during the exhale period; the exhale status is tracked over time to see if the exhale is occurring and whether the exhale period has been achieved) (Fig. 7; para. [0050]).
Regarding claim 13, Chesbrough discloses wherein the electrical connector connects the rechargeable battery to a case for charging (the charging port of housing 14 is to connect to charging port 42 of charging stand 40 for charging the battery) (Fig. 3; para. [0045]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Chesbrough as applied to claim 4 above, and further in view of Fresquez et al. (US 4,711,585).
Claim 5 is rejected under 35 U.S.C. 102(a)(1) as anticipated by Chesbrough as applied to claim 4 above or, in the alternative, under 35 U.S.C. 103 as obvious over Chesbrough in view of Cheu et al. (US 2019/0134460 A1).
Regarding claim 5, Chesbrough discloses wherein the interior space further contains a first air path and a second air path, the first air path directing air from the breath intake hole to an air hole formed in the housing (the inside of housing 14 has a path for air to travel from inlet orifice 30 to the outlet orifice 32) (Figs. 3,7; para. [0037]) and the second air path directing air from the breath intake hole to a surface of the air pressure sensor (the inside of housing 14 has a path for air to travel from inlet orifice 30 to the surface of the pressure sensor 50) (Figs. 3,7; para. [0049]).
Alternatively, if Chesbrough is not seen as disclosing wherein the interior space further contains a first air path and a second air path, the first air path directing air from the breath intake hole to an air hole formed in the housing and the second air path directing air from the breath intake hole to a surface of the air pressure sensor, Cheu teaches a processor-based respiratory device (Cheu; abstract) wherein the interior space further contains a first air path and a second air path, the first air path directing air from the breath intake hole to an air hole formed in the housing and the second air path directing air from the breath intake hole to a surface of the air pressure sensor (top 1704 has cavities 1806 inside which are used to guide air; a cavity 1806 guides air to and from the mouthpiece 1706 and outlet 1702, and another cavity 1806 guides air to and from the mouthpiece 1706 and the surface of sensor 106) (Cheu; Fig. 18; para. [0087]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Chesbrough interior space to include a first air path and a second air path, the first air path directing air from the breath intake hole to an air hole formed in the housing and the second air path directing air from the breath intake hole to a surface of the air pressure sensor, as taught by Cheu, for the purpose of reducing air loss and thereby resulting in more accurate readings with a more efficient and effective therapy session (Cheu; para. [0087]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Chesbrough as applied to claim 1 above, and further in view of Fresquez et al. (US 4,711,585).
Regarding claim 6, Chesbrough does not disclose further comprising: a switch, electrically connected to the processing unit, the switch activating or deactivating operation of the breathwork tool.
However, Fresquez discloses an apparatus for providing perceptible cueing signals to synchronize breathing (Fresquez; abstract) including a switch, electrically connected to the processing unit, the switch activating or deactivating operation of the breathwork tool (power switch 13 is electrically connected to the control circuitry, and is used to connect and disconnect the circuitry to the internal battery 27, thereby controlling when it gets power to operate) (Fresquez; Figs. 1, 5; col. 4 lines 19-26, 45-49).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Chesbrough device to include a switch, electrically connected to the processing unit, the switch activating or deactivating operation of the breathwork tool, as taught by Fresquez, for the purpose of enabling a user to connect the internal battery to the rest of the circuity and thereby put the device into an operational mode (Fresquez; Figs. 1, 5; col. 4 lines 19-26).
Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Chesbrough in view of Mather et al. (US 2023/0233099 A1).
Regarding claim 14, Chesbrough discloses a method for operating a breathwork tool to perform a breathwork sequence (method of using a breathing device via its controller 56 to execute a breathing pattern) (abstract; para. [0056]; para. [0080]), the method comprising:
activating the breathwork tool (in order to operate, the breathing device 100 would have to have been activated) (para. [0056]; para. [0080]);
selecting the breathwork sequence (user selects a pre-determined or default breathing pattern to be executed) (Fig. 12; para. [0080]);
generating a first indicator instructing a user to perform a first user action pursuant to the selected breathwork sequence (vibratory device 52 has a vibratory output to cue a user to perform an inhale according to the selected breathing pattern) (Fig. 12; para. [0052]; para. [0080]);
generating a second indicator instructing the user to perform a second user action pursuant to the selected breathwork sequence (vibratory device 52 has a vibratory output to cue a user to perform an exhale according to the selected breathing pattern) (Fig. 12; para. [0052]; para. [0080]);
generating a third indicator instructing the user to perform a third user action pursuant to the selected breathwork sequence (vibratory device 52 has a vibratory output to cue a user to perform a hold according to the selected breathing pattern) (Fig. 12; para. [0052]; para. [0080]);
monitoring, via an air pressure sensor of the breathwork tool, performance of at least one of the first user action, the second user action, and the third user action (pressure sensor 50 measures the pressure of the user’s inhales and exhales over time; a user inhales and exhales based on the vibratory pulse cues) (Fig. 7; para. [0050]; para. [0052]);
determining, based on the monitoring, whether the at least one user action is performed in accordance with the selected breathwork sequence (pressure sensor 50 is used to track the user’s air pressure over time to determine whether an inhale period, exhale period, or hold period has been achieved) (para. [0050]);
generating a feedback indicator indicating whether the at least one user action is performed properly (user can get real-time feedback regarding inhales, exhales, and hold times of a breathing pattern; controller 56 can use successive light emitters 74 to show a user when they are having success in approaching a successful inhale or exhale period) (Figs. 7, 9; para. [0072]; para. [0081]);
repeating the steps of generating (each breathing pattern would be performed over a number of breaths, and so would repeat itself) (Figs. 9, 12; para. [0071]; para. [0080]); and
storing the results of the user actions (memory 72 stores the pressure data from the breaths of the user) (para. [0005]; para. [0056]).
Chesbrough does not disclose determining, based on the breathwork sequence, a number of iterations to be performed; repeating the steps of generating until the number of iterations has been performed.
However, Mather teaches an apparatus and method for guiding a person’s breathing (Mather; abstract) including determining, based on the breathwork sequence, a number of iterations to be performed; repeating the steps of generating until the number of iterations has been performed (different breathing exercises have their own respective number of cycle repetitions; signals are generated for each step in the cycle, until the end of cycle indicator is issued) (Mather; para. [0167]; para. [0169]; para. [0173]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Chesbrough method to include determining, based on the breathwork sequence, a number of iterations to be performed; repeating the steps of generating until the number of iterations has been performed, as taught by Mather, for the purpose of ensuring the breathing exercise has a suitable number of cycles for the user’s progress (Mather; paras. [0120-0123]).
Regarding claims 15-16, as best understood, the modified Chesbrough teaches further comprising: operating at least a first sensor to monitor the performance of at least one of the first user action, the second user action and the third user action; wherein the at least first sensor is an air pressure sensor, and the second user action is an exhale (pressure sensor 50 detects the user’s breath pressure during the inhalation, exhalation, and hold periods to determine when they are occurring and if their respective periods have been achieved) (Chesbrough; Fig. 7; para. [0050]).
Claims 17-18 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Chesbrough or, in the alternative, under 35 U.S.C. 103 as obvious over Chesbrough in view of Cheu.
Regarding claim 17, Chesbrough discloses a breathwork system (breathing device 10 interacting with computer system 200) (Fig. 8; abstract; para. [0064]), comprising:
a breathwork tool having a mouth with an air intake hole (breathing device 10 has a mouthpiece 12 with an inlet orifice 30 to permit a user’s inhales and exhales) (Figs. 1-3; para. [0037]), a housing extending from a first end detachably connected to the mouth (housing 14 has an end detachably connected to the mouthpiece 12) (Figs. 1-7; para. [0037]) and a second end connected to an electrical connector (housing 14 has a charging port on its distal end 17 to connect to charging port 42 of charging stand 40) (Fig. 3; para. [0045]), the housing having an interior space containing a rechargeable battery powering a microcontroller and an air pressure sensor (battery 54 inside housing 14 can be recharged, and is used to power controller 56, which can be a microprocessor, and pressure sensor 50) (Fig. 7; para. [0043]; para. [0054]; para. [0056]), the interior space including a first airway for directing air from the air intake hole to an air hole formed in the housing (the inside of housing 14 has a path for air to travel from inlet orifice 30 to the outlet orifice 32) (Figs. 3,7; para. [0037]), and a second airway for directing air from the air intake hole to a surface of the air pressure sensor (the inside of housing 14 has a path for air to travel from inlet orifice 30 to the surface of the pressure sensor 50) (Figs. 3,7; para. [0049]);
wherein the microcontroller is configured to measure, via the air pressure sensor, air pressure associated with a user action performed during the breathwork sequence (pressure sensor 50 measures the pressure of the user’s inhales and exhales over time; a user inhales and exhales based on the vibratory pulse cues) (Fig. 7; para. [0050]; para. [0052]), to determine, based on the measured air pressure, whether the user action is performed in accordance with the breathwork sequence (pressure sensor 50 is used to track the user’s air pressure over time to determine whether an inhale period, exhale period, or hold period has been achieved) (para. [0050]), and to generate a feedback signal indicating whether the user action is performed properly (user can get real-time feedback regarding inhales, exhales, and hold times of a breathing pattern; controller 56 can use successive light emitters 74 to show a user when they are having success in approaching a successful inhale or exhale period) (Figs. 7, 9; para. [0072]; para. [0081]); and
a case having a power source and a connector, the case having an interior for receiving the breathwork tool for charging a battery of the breathwork tool via the connector (charging stand 40 is configured to receive power, and so would have a power source, and a charging port 42; charging stand 40 has a saddle 44 to receive the housing 14 of device 10 to charge its battery via the charging port 42) (Fig. 3; para. [0045]).
Alternatively, if Chesbrough is not seen as disclosing the interior space including a first airway for directing air from the air intake hole to an air hole formed in the housing, and a second airway for directing air from the air intake hole to a surface of the air pressure sensor, Cheu teaches a processor-based respiratory device (Cheu; abstract) wherein the interior space includes a first airway for directing air from the air intake hole to an air hole formed in the housing, and a second airway for directing air from the air intake hole to a surface of the air pressure sensor (top 1704 has cavities 1806 inside which are used to guide air; a cavity 1806 guides air to and from the mouthpiece 1706 and outlet 1702, and another cavity 1806 guides air to and from the mouthpiece 1706 and the surface of sensor 106) (Cheu; Fig. 18; para. [0087]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Chesbrough interior space to include a first airway for directing air from the air intake hole to an air hole formed in the housing, and a second airway for directing air from the air intake hole to a surface of the air pressure sensor, as taught by Cheu, for the purpose of reducing air loss and thereby resulting in more accurate readings with a more efficient and effective therapy session (Cheu; para. [0087]).
Regarding claim 18, the modified Chesbrough teaches wherein the interior space of the breathwork tool further contains a wireless communication device for transmitting breathwork data to a user device (Bluetooth module 58 inside housing 14 is used to wirelessly transmit and receive data between the controller 56 and a handheld user device 202/computer 204) (Chesbrough; Figs. 7-8; para. [0057]; paras. [0064-0065]).
Response to Arguments
Applicant's arguments filed 6/24/2026 have been fully considered but they are not persuasive.
On page 6 in the “I. Rejections under 35 U.S.C. 112(b)” section of the Applicant’s remarks, the Applicant argues that the claims have been amended to overcome the 35 U.S.C. 112(b) rejections of the previous office action. The Examiner agrees, and has thus withdrawn those rejections. However, the newly amended claims have raised new 35 U.S.C. 112(b) rejections as detailed above.
On pages 6-7 in the “II. Rejections under 35 U.S.C. 102(a)(1) - Chesbrough” section of the Applicant’s remarks, the Applicant argues that, with regards to the newly amended claim 1, Chesbrough does not teach its air pressure sensor is used to determine whether or not a user action is performed in accordance with sequence and provide feedback indicating proper or improper performance. However, the Examiner respectfully disagrees. Chesbrough does teach this limitation, as its controller 56 uses a pressure sensor 50 for measuring and tracking the pressure of the user’s inhales and exhales over time to determine whether an inhale period, exhale period, or hold period has been achieved. From this information, the controller 56 can then give a user real-time feedback regarding inhale, exhale, and hold times of a breathing pattern, as the controller 56 can use successive light emitters 74 to show a user when they are having success in approaching a successful inhale or exhale period (Chesbrough; Fig. 7; para. [0050]; para. [0052]; para. [0072]; para. [0081]). Thus, the current prior art of record can still be used to teach the Applicant’s claimed invention.
On pages 7-8 in the “III. Rejections under 35 U.S.C. 103” section of the Applicant’s remarks, the Applicant argues that the rest of the newly amended claims are allowable for the same reasons as the newly amended claim 1. However, the Examiner respectfully disagrees. As previously explained above, the Chesbrough reference can still be used to teach the newly added claim limitations. Thus, the current prior art of record can still be used to teach the Applicant’s claimed invention.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACQUELINE M PINDERSKI whose telephone number is (571)272-7032. The examiner can normally be reached Monday-Friday 7:00-4:00.
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/JACQUELINE M PINDERSKI/Examiner, Art Unit 3785
/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785
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