CTNF 18/355,667 CTNF 93909 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Drawings 06-22 AIA The drawings are objected to because Figs. 2 and 4 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 06-16 AIA 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 Rejections - 35 USC § 112 07-34-01 Claims 7-9 and 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 7, the limitation “program code” in line 2 is confusing, as it is unclear whether this limitation is meant to be the same as or different from “executable program code” in claim 1. For the purposes of examination, they will be interpreted as the same limitation. Regarding claim 8, the limitation “program code” in line 2 is confusing, as it is unclear whether this limitation is meant to be the same as or different from “executable program code” in claim 1 and/or “program code” in claim 7. For the purposes of examination, they will be interpreted as the same limitation. Regarding claim 9, the limitation “program code” in line 2 is confusing, as it is unclear whether this limitation is meant to be the same as or different from “executable program code” in claim 1. For the purposes of examination, they will be interpreted as the same limitation. 07-35-01 AIA Claim 18 contains the trademark/trade name “Bluetooth” . Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph. See Ex parte Simpson , 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a wireless communication device and, accordingly, the identification/description is indefinite. Claim Rejections - 35 USC § 102/103 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-20-aia AIA 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. 07-15 AIA Claim s 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, 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]) 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]). 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, Chesbrough discloses wherein the interior space further contains an air pressure sensor, the air pressure sensor operating 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, as best understood, Chesbrough discloses wherein the processing unit is further configured to execute 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, as best understood, Chesbrough discloses wherein the processing unit is further configured to execute 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, as best understood, Chesbrough discloses wherein the processing unit is further configured to execute 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 an 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. 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]) . 07-22-aia AIA 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) . 07-21-aia AIA Claim s 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]); 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, 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]); 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, as best understood, the modified Chesbrough teaches wherein the interior space of the breathwork tool further contains a Bluetooth 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]) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 4,981,295 by Belman et al. is considered to be relevant as it discloses a breathing exercise training apparatus that uses a timing light to indicate to a user when to inhale. US 2018/0243608 A1 by Jones et al. is considered to be relevant as it discloses a system and method for breathing training using a pressure transducer to monitor breathing. 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. 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, Timothy Stanis can be reached at 571-272-5139. 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. /JACQUELINE M PINDERSKI/Examiner, Art Unit 3785 /RACHEL T SIPPEL/Primary Examiner, Art Unit 3785 Application/Control Number: 18/355,667 Page 2 Art Unit: 3785 Application/Control Number: 18/355,667 Page 3 Art Unit: 3785 Application/Control Number: 18/355,667 Page 4 Art Unit: 3785 Application/Control Number: 18/355,667 Page 5 Art Unit: 3785 Application/Control Number: 18/355,667 Page 6 Art Unit: 3785 Application/Control Number: 18/355,667 Page 7 Art Unit: 3785 Application/Control Number: 18/355,667 Page 8 Art Unit: 3785 Application/Control Number: 18/355,667 Page 9 Art Unit: 3785 Application/Control Number: 18/355,667 Page 10 Art Unit: 3785 Application/Control Number: 18/355,667 Page 11 Art Unit: 3785 Application/Control Number: 18/355,667 Page 12 Art Unit: 3785 Application/Control Number: 18/355,667 Page 13 Art Unit: 3785 Application/Control Number: 18/355,667 Page 14 Art Unit: 3785 Application/Control Number: 18/355,667 Page 15 Art Unit: 3785 Application/Control Number: 18/355,667 Page 16 Art Unit: 3785 Application/Control Number: 18/355,667 Page 17 Art Unit: 3785