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 .
Preliminary Amendment
Preliminary Amendment dated 12/20/2023 and 10/24/2024 has been formally entered and new claims 56-75 submitted with Preliminary Amendment dated 12/20/2023 are being examined on the merits.
Specification
The disclosure is objected to because of the following informalities:
“Various implementations disclosed herein include devices, systems, and methods … determining that an attentive state based on the physiological data, customizing feedback content based on a user attribute to change the attentive state during the meditation mode…” in abstract needs to be corrected. A suggested correction is --Various implementations disclosed herein include devices, systems, and methods … determining [[that]] an attentive state based on the physiological data, customizing feedback content based on a user attribute to change the attentive state during the meditation mode--.
“but if the bird (or any animal) gets to close to the user” in [0076] needs to be corrected. A suggested correction is -- but if the bird (or any animal) gets [[to]] too close to the user --.
“In some implementations, the customized feedback content includes the customized feedback content includes a cue configured to trigger a change in the attentive state” in [0117] needs to be corrected. A suggested correction is --In some implementations, the customized feedback content includes ---.
Appropriate correction is required.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112(b)
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.
Claim 56-75 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Each of claims 56, 60, 64-65, 73-75 recite the term “meditation mode” which renders each of these claims unclear. More specifically, it is unclear as to what is meant by “meditation mode” in the context used i.e. is it an attribute of the software/application, single active copy/executable of the application, or state of user’s mental state based on/determined from physiological data or something else.
Dependent claims 57-73 when analyzed as a whole are held to be patent ineligible under 35 U.S.C. 112(b) because the additional recited limitations fail to cure the 35 U.S.C. 112(b) issue in their respective base claims. Consequently, dependent claims 57-73 are also rejected under 35 U.S.C. 112(b) based on their direct/indirect dependency on their respective base claims.
Claim Interpretation
Claims terms where relevant are being interpreted in light of definitions enumerated in instant application specification as-filed [0046], [0048], [0051], [0062], [0065-0066], [0071-0072], [0095], [0181-0189].
Please note that USPTO personnel are to give claims their broadest reasonable interpretation in light of the supporting disclosure. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed. Cir. 1997). Limitations appearing in the specification but not recited in the claim should not be read into the claim. E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) (claims must be interpreted "in view of the specification" without importing limitations from the specification into the claims unnecessarily). In re Prater, 415 F.2d 1393, 1404-05, 162 USPQ 541, 550-551 (CCPA 1969). See also In re Zletz, 893 F.2d 319, 321-22, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989) ("During patent examination the pending claims must be interpreted as broadly as their terms reasonably allow.... The reason is simply that during patent prosecution when claims can be amended, ambiguities should be recognized, scope and breadth of language explored, and clarification imposed.... An essential purpose of patent examination is to fashion claims that are precise, clear, correct, and unambiguous. Only in this way can uncertainties of claim scope be removed, as much as possible, during the administrative process.").
Claim Rejections - 35 USC § 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 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 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 of this title, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 56-75 are rejected under 35 U.S.C. 103 as being unpatentable over Coleman, Trevor (Pub. No.: US 20150351655 A1, hereinafter referred to as "Coleman").
As per independent Claim 56, Coleman discloses a method (Coleman in at least fig. 1, 3-4, 20, 54, 57-59, 61-64, abstract, [0007-0012], [0036], [0057-0060], [0063], [0065-0067], [0073-0079], [0089-0098], [0101-0102], [0107-0109], [0114-0115], [0123], [0126], [0128], [0132], [0152-0153], [0155], [0159], [0197], [0212-0215], [0227], [0238], [0243], [0249-0250], [0261-0264], [0269], [0276], [0287],[0295-0296], [0298], [0301-0303], [0317-0318], [0410],[0414], [0433-0440] for example discloses relevant subject-matter. More pertinently, Coleman in at least abstract, [0009], [0012], [0057] discloses a method. See Coleman at least [0009] “method comprising: executing at least one brain state guidance routine”; [0057] “a system and method for brain state guidance … providing realtime feedback on changes in the user's brain state… Adaptive Brainstate Change Notification (or “ABCN”)”) comprising:
at a device comprising a processor (Coleman at least [0126] “a user wears a brainwave headset that is connected to their mobile phone while they meditate. An application on the phone processes the brainwaves and gives them feedback about their brain state using neurofeedback to help them achieve deeply meditative states and to speed their learning of meditation states”):
obtaining physiological data via one or more sensors (Coleman at least [0010], [0057], [0123], [0126], [0264]. See at least Coleman [0126] “a user wears a brainwave headset … application on the phone processes the brainwaves and gives them feedback about their brain state using neurofeedback”; [0264] “computer system may communicate with and the computer program may integrate information from other sensors measuring bio and other data (heart-rate monitor, blood pressure monitor, blood glucose monitor, phone accelerometer, microphone etc.) in order to obtain better overall information regarding the user”);
determining an attentive state during a meditation mode based on the physiological data (Coleman in at least abstract, fig. 63, [0010], [0126], [0295]. See at least Coleman [0010] “computer system or method may be provided for measuring biofeedback information of at least one user against at least one goal of a brain state exercise while the at least one user is guided through the brain state exercise… computer system may comprise: … a computer program that when executed runs one or more meditation routines that guide at least one user through at least one meditation exercise, and (C) a bio-signal processing system that provides biofeedback information to the computer, and wherein the computer program when executed further measures performance of the at least one user relative to one or more meditation related objectives by analyzing the biofeedback information.”; [0295] “An ABCN “in-state” may include apprehending object of attention, sustained attention, and alert yet relaxed focus. An ABCN “off-state” may include drifting into thinking, mind wandering, and anxiety or drowsiness. FIG. 62 shows a Focused Attention Method of training, without ABCN, and FIG. 63 shows a Focused Attention Method of training with ABCN”);
customizing feedback content for guiding a change of the attentive state during the meditation mode, wherein the feedback content is customized based on a user attribute (Coleman in at least [0058], [0089], [0126], [0263], [0317], [0428]. See at least Coleman [0058] “The system and method … support the user's goal state through feedback unique to the user's particular brainwave characteristics, as determined and stored in a user profile…Feedback may be provided by the system to help the user detect changes in brain state.”; [0089] “at least one computing device may be configured to receive brain state guidance proficiency information indicating the proficiency of the respective user in achieving brain state guidance objectives, and to select the brain state guidance routine for execution based at least partly on the received proficiency information”; [0428] “program that is customized to the user's specific level for the goal in mind. The Guidance system conducts a survey to help the user clarify their goals and then choose an EEG acquisition protocol to help characterize a patient.”); and
providing based on the user attribute, the customized feedback content during the meditation mode (Coleman in at least [0057-0058], [0089], [0428].see at least Coleman [0057]. “a system and method for brain state guidance comprising presenting a video or audio user interface (UI) element or scene to a user which is associated by the system to encourage satisfying a brain state guidance objective for the exercise, such as achieving and/or maintaining a particular target brain state in the user. The UI element may be varied by the system based on brainwave data received from sensors worn by the user, such that the UI element is indicative of the user either achieving or not achieving the associated target brain state, thereby providing realtime feedback on changes in the user's brain state. This concept may be called Adaptive Brainstate Change Notification (or “ABCN”).”).
Coleman does not necessarily require after a delay time based on the user attribute feature in the applied embodiment.
However, Coleman discloses alternate embodiments that disclose providing, after a delay time based on the user attribute, the customized feedback content during the meditation mode (Coleman in at least [0089], [0263], [0291], [0301-0302], [0306], [0317], [0428] for providing, after a delay time based on the user attribute, the customized feedback content during the meditation mode. see Coleman [0089] “at least one computing device may be configured to receive brain state guidance proficiency information indicating the proficiency of the respective user in achieving brain state guidance objectives, and to select the brain state guidance routine for execution based at least partly on the received proficiency information”; [0291] “supported user receives notification when they have disengaged from the exercise/brainstate and the delay is minimized”; [0301] “novice contends with more distractions, and the three regulative skills are frequently exercised…At the most advanced levels, the regulative skills are invoked less and less frequently”).
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 providing based on the user attribute, the customized feedback content during the meditation mode step used in the method as taught by Coleman, by further additionally ensuring the providing step occurs after a delay time based on the user attribute, as also taught by Coleman. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of customizing feedback to user specific attributes (Coleman, [0089], [0128], [0263], [0291], [0301-0302], [0306], [0317], [0428]).
As per dependent Claim 57, Coleman as a whole further discloses method further comprising: in response to providing the customized feedback content, determining a level of attentiveness based on the physiological data for a period of time; and determining a feedback metric based on the determined level of attentiveness for the period of time (Coleman in at least [0096] “system includes or links to a … establishes, stores on a database, and iteratively updates a profile for each user, where the profile includes information regarding recent performance of the user related to the meditation related objectives. The system may include functionality that provides positive and negative reinforcement to the user, during or after the meditation or other brain state exercise. The positive/negative reinforcement and the user's subsequent biofeedback response thereto may allow for the system of the present invention to interpret and analyze the user's brain state and thus the user's meditative state”).
As per dependent Claim 58, Coleman as a whole further discloses method wherein the user attribute comprises a meditation experience level (Coleman in at least [0089] “at least one computing device may be configured to receive brain state guidance proficiency information indicating the proficiency of the respective user in achieving brain state guidance objectives, and to select the brain state guidance routine for execution based at least partly on the received proficiency information”).
As per dependent Claim 59, Coleman as a whole further discloses method wherein the meditation experience level is determined based on accessing a user profile, an analysis of prior meditation experiences, or a combination thereof (Coleman in at least [0090], [0096]. See at least Coleman[0090] “computing device may be configured to generate the brain state guidance proficiency information based at least partly on the measured performance”; [0096]” system includes or links to a profile manager component…establishes, stores on a database, and iteratively updates a profile for each user, where the profile includes information regarding recent performance of the user related to the meditation related objectives. The system may include functionality that provides positive and negative reinforcement to the user, during or after the meditation or other brain state exercise. The positive/negative reinforcement and the user's subsequent biofeedback response thereto may allow for the system of the present invention to interpret and analyze the user's brain state and thus the user's meditative state”).
As per dependent Claim 60, Coleman as a whole further discloses method wherein the meditation experience level is updated based on the attentive state during the meditation mode (Coleman [0096] “system includes or links to a profile manager component, where the profile manager component establishes, stores on a database, and iteratively updates a profile for each user, where the profile includes information regarding recent performance of the user related to the meditation related objectives. The system may include functionality that provides positive and negative reinforcement to the user, during or after the meditation or other brain state exercise. The positive/negative reinforcement and the user's subsequent biofeedback response thereto may allow for the system of the present invention to interpret and analyze the user's brain state and thus the user's meditative state”).
As per dependent Claim 61, Coleman as a whole further discloses method further comprising: presenting an instruction to be attentive to breathing; and assessing a level of attentiveness to breathing based on a respiratory state and the attentive state, wherein the customized feedback is determined based on the level of attentiveness (Coleman in at least [0132], [0238], [0249-0250]. See at least Coleman [0132] “ program tools to download brainwave & associated data…Chest and head breath movement analysis;”; [0238] “app may be configured to direct the users to draw attention to their breath to encourage them to take hold of their focus. The app may also be configured to introduce the exercise of counting their breaths, a proxy for holding a focused attention on the present moment and avoiding distractions.”).
As per dependent Claim 62, Coleman as a whole further discloses method wherein customizing the feedback content comprises: determining a baseline based on the physiological data; determining a goal based on the baseline; and determining the customized feedback content based on the baseline and the goal (Coleman in at least [0058-0059], [0197], [0227]. See at least [0058-0059] “target brain state may be chosen by the user for training by sustaining that brain state for a duration of time. The system and method of the present invention may support the user's goal state through feedback unique to the user's particular brainwave characteristics, as determined and stored in a user profile…Goal states may include: mindfulness, focused attention… among others. Each of these goal states may be referred to as a meditative brain state”; [0197] “Whenever engaging with an Adaptive Brainstate Change Notification session, users will need to calibrate the system to ensure that feedback is provided to support an appropriate subset of all possible values. Calibration produces a range which matches the user's current context, a range which can be affected by a number of factors, including current brain state, skin conductivity, temperature, humidity, etc”; [0227] “Using an audio element …users need feedback not only for when they are in the target state, but at all times they should be made aware their distance from the target state on some understandable dimension…feedback to implicitly communicate this information in real-time.”).
As per dependent Claim 63, Coleman as a whole further discloses method further comprising: identifying meditation states corresponding to multiple periods of time; and presenting indications of progress based on the meditation states (Coleman in at least fig. 58, [0276], [0287]. See at least [0276] “Long-term data modes may also be provided by the system to allow users to see their session history in interesting ways”; [0287] “FIG. 58 shows a long-term data mode which allow users to see their session history in interesting ways”).
As per dependent Claim 64, Coleman as a whole further discloses method further comprising: determining a context of the meditation mode by generating a scene understanding of an environment of the meditation mode based on sensor data from the one or more sensors, the scene understanding comprising visual or auditory attributes of the environment (Coleman in at least [0264]. See Coleman [0264] “computer system may communicate with and the computer program may integrate information from other sensors measuring bio and other data (heart-rate monitor, blood pressure monitor, blood glucose monitor, phone accelerometer, microphone etc.) in order to obtain better overall information regarding the user”); and customizing the feedback content based on the context of the meditation mode (Coleman in at least [0155]. See Coleman [0155] “adapt a session where subtle variations in the environment such as ambient temperature, noisy surroundings, or internal distracting sensations (e.g. leg hurts, hungry) are occurring.”).
As per dependent Claim 65, Coleman as a whole further discloses method wherein the customized feedback content comprises: conclusion of a current meditation mode; initiation of another meditation mode different than the current meditation mode; or changing of the current meditation mode (Coleman in at least fig. 20A, 20B, [0243] “user-response classification, may be used by the system to label the entire session and or time-specific parts of a session that can be used to provide labelled EEG data for machine learning applications”).
As per dependent Claim 66, Coleman as a whole further discloses method wherein the customized feedback content comprises a volume of an audio signal that is modulated based on the physiological data (Coleman in at least [0212]. See Coleman [0212] “As the user's brain state is determined to be closer to the target brain state, the intensity or volume or any other indication of the blowing wind may be reduced.”).
As per dependent Claim 67, Coleman as a whole further discloses method wherein the customized feedback content comprises a visual or audible representation of the attentive state or a change to the attentive state (Coleman in at least fig. 4, fig. 20A,B, [0159]. See at least Coleman [0159] “system may implement notification rules for playing feedback sounds… The 0 to 1 score is on a continuum from quiet-mind 0 to busy-mind 1… The system cross-fades wind sound smoothly as user fluctuates from one segment to another. .. If the user stays in the calm segment for a prolonged period (e.g. 10 seconds) bonus sounds play such as bird song. Bonus sounds are carefully selected to emphasize a calm state and minimize distraction and provide a subtle reward. When the user rises back to the neutral segment after earning the bonus a sound is played to indicate a loss of stable state (e.g. birds all fly away and their song can no longer be heard). There are three different fly away sounds used depending on the number of bonus birds that are singing to stay consistent with the soundscape the user experiences. On the rare occasion the user stays at 0 for a prolonged period (5 seconds) a subtle musical rewarding sound is played. ”).
As per dependent Claim 68, Coleman as a whole further discloses method wherein the customized feedback content comprises a cue configured to trigger a change in the attentive state( Coleman in at least fig. 4, fig. 20A,B, [0159]. See at least Coleman [0159] “system may implement notification rules for playing feedback sounds… … The system cross-fades wind sound smoothly as user fluctuates from one segment to another. .. If the user stays in the calm segment for a prolonged period (e.g. 10 seconds) bonus sounds play such as bird song… When the user rises back to the neutral segment after earning the bonus a sound is played to indicate a loss of stable state (e.g. birds all fly away and their song can no longer be heard).”)
As per dependent Claim 69, Coleman as a whole further discloses method wherein the customized feedback content comprises a graphical indicator or sound configured to change a first attentive state to a second attentive state (Coleman in at least fig. 4, fig. 20A,B, [0159]. See at least Coleman [0159] “system may implement notification rules for playing feedback sounds… The 0 to 1 score is on a continuum from quiet-mind 0 to busy-mind 1… The system cross-fades wind sound smoothly as user fluctuates from one segment to another. .. …On the rare occasion the user stays at 0 for a prolonged period (5 seconds) a subtle musical rewarding sound is played. ”).
As per dependent Claim 70, Coleman as a whole further discloses method wherein the customized feedback content comprises a visual or audible indication of a suggested time for a new meditation experience(Coleman at least fig. 59, [0287], [0374]. “Time of Day:Muse help you the most:On Mondays”; see [0374] “recommendations may be made based on the time of day, or the exercises may be customized based on the time of day (e.g. varied visuals/environments)”).
As per dependent Claim 71, Coleman as a whole further discloses method wherein the attentive state is determined based on using the physiological data to measure gaze or body stability, determining a level of attentiveness, determining a level of a respiratory state, or a combination thereof (Coleman in at least [0115], [0295]. See Coleman [0115] “computer program when executed detects brain stability, and these are mapped to instructions built into the meditation exercise to provide an engaging meditation experience in the context of a finite session”; [0295] “Attention can be placed upon sense objects (physical, visual, auditory) and mental objects (visualization, thoughts). An ABCN “in-state” may include apprehending object of attention, sustained attention, and alert yet relaxed focus. An ABCN “off-state” may include drifting into thinking, mind wandering, and anxiety or drowsiness”).
As per dependent Claim 72, Coleman as a whole further discloses method wherein the physiological data includes at least one of skin temperature, respiration, photoplethysmogram (PPG), electrodermal activity (EDA), eye gaze tracking, and pupillary movement(Coleman in at least [0123], [0197], [0264]. See Coleman [0123] “sensors include internal sensors, external sensors, wearable sensors, and user effectors operatively connected to the trusted network of local devices or the mobile device. Sensors for collecting bio-signal data include, for example, electroencephalogram sensors, galvanometer sensors, or electrocardiograph sensors.”; [0197] “Adaptive Brainstate Change Notification session, users will need to calibrate the system to ensure that feedback is provided to support an appropriate subset of all possible values. Calibration produces a range which matches the user's current context, a range which can be affected by a number of factors, including current brain state, skin conductivity, temperature, humidity, etc”).
As per dependent Claim 73, Coleman as a whole further discloses method wherein the meditation mode is presented in multiple instances during a communication session (Coleman at least [0036], [0079], [0269], [0414]. See Coleman [0036] “a user about their ABCN session(s)”; [0079] “at least one session of execution of the brain state guidance routine ”;[0414] “A team (e.g. group of users with a headset device) can be formed around a common goal or principles. Teams could, for example, participate in contests, collect awards, and participate in simultaneous live events where groups compete or collaborate with each other. For example, in one application, a team may collectively collect points toward a goal. Teams have common properties such as a team name, description, list of team members, apps they participate in, individual rankings for each app, and overall team standing versus other teams. A facility is provided for individuals to search for teams and for teams to advertise themselves. A single team can participate in multiple applications. An application may be simultaneous(live) or asynchronous”;[0269] “computer system may enable one or two-way interaction including for example for organizing group meditation sessions…Internet application may be linked to the computer system and enable one or more meditation leaders or teachers to utilize a live stream to guide a meditation session of a large number of users”).
As per independent Claim 74, Coleman discloses a device (Coleman in at least fig. 1, 3-4, 20, 54, 57-59, 61-64, abstract, [0007-0012], [0036], [0057-0060], [0063], [0065-0067], [0073-0079], [0089-0098], [0101-0102], [0107-0109], [0114-0115], [0123], [0126], [0128], [0132], [0152-0153], [0155], [0159], [0197], [0212-0215], [0227], [0238], [0243], [0249-0250], [0261-0264], [0269], [0276], [0287],[0295-0296], [0298], [0301-0303], [0317-0318], [0410],[0414], [0433-0440] for example discloses relevant subject-matter. More pertinently, Coleman in at least abstract, fig. 20A, 20B, [0008], [0010], [0012], [0057] discloses a device. See [0057] “a system and method for brain state guidance … providing realtime feedback on changes in the user's brain state… Adaptive Brainstate Change Notification (or “ABCN”)”) comprising:
a non-transitory computer-readable storage medium (Coleman [0008] “at least one non-transitory computer readable medium”); and one or more processors coupled to the non-transitory computer-readable storage medium, wherein the non-transitory computer-readable storage medium comprises program instructions that, when executed on the one or more processors, cause the one or more processors to perform operations (Coleman at least [0008], [0435]. See at least Coleman [0008] “a system comprising: at least one computing device comprising at least one processor and at least one non-transitory computer readable medium storing computer processing instructions”) comprising:
obtaining physiological data via one or more sensors (Coleman at least [0008], [0010], [0010], [0057], [0123], [0126], [0264]. See at least Coleman [0008] “at least one bio-signal sensor in communication with the at least one computing device… receive bio-signal data of the at least one user from the at least one bio-signal sensor, at least one of the at least one bio-signal sensor comprising at least one brainwave sensor, and the received bio-signal data comprising at least brainwave data of the at least one user”; [0126] “a user wears a brainwave headset … application on the phone processes the brainwaves and gives them feedback about their brain state using neurofeedback”; [0264] “computer system may communicate with and the computer program may integrate information from other sensors measuring bio and other data (heart-rate monitor, blood pressure monitor, blood glucose monitor, phone accelerometer, microphone etc.) in order to obtain better overall information regarding the user”);
determining an attentive state during a meditation mode based on the physiological data(Coleman in at least abstract, fig. 63, [0010], [0126], [0295]. See at least Coleman [0010] “computer system or method may be provided for measuring biofeedback information of at least one user against at least one goal of a brain state exercise while the at least one user is guided through the brain state exercise… computer system may comprise: … a computer program that when executed runs one or more meditation routines that guide at least one user through at least one meditation exercise, and (C) a bio-signal processing system that provides biofeedback information to the computer, and wherein the computer program when executed further measures performance of the at least one user relative to one or more meditation related objectives by analyzing the biofeedback information.”; [0295] “An ABCN “in-state” may include apprehending object of attention, sustained attention, and alert yet relaxed focus. An ABCN “off-state” may include drifting into thinking, mind wandering, and anxiety or drowsiness. FIG. 62 shows a Focused Attention Method of training, without ABCN, and FIG. 63 shows a Focused Attention Method of training with ABCN”);
customizing feedback content for guiding a change of the attentive state during the meditation mode, wherein the feedback content is customized based on a user attribute (Coleman in at least [0058], [0126], [0263], [0317], [0428]. See at least Coleman [0058] “The system and method … support the user's goal state through feedback unique to the user's particular brainwave characteristics, as determined and stored in a user profile…Feedback may be provided by the system to help the user detect changes in brain state.”; [0428] “program that is customized to the user's specific level for the goal in mind. The Guidance system conducts a survey to help the user clarify their goals and then choose an EEG acquisition protocol to help characterize a patient.”); and
providing, based on the user attribute, the customized feedback content during the meditation mode (Coleman in at least [0057-0058], [0428].see at least Coleman [0057]. “a system and method for brain state guidance comprising presenting a video or audio user interface (UI) element or scene to a user which is associated by the system to encourage satisfying a brain state guidance objective for the exercise, such as achieving and/or maintaining a particular target brain state in the user. The UI element may be varied by the system based on brainwave data received from sensors worn by the user, such that the UI element is indicative of the user either achieving or not achieving the associated target brain state, thereby providing realtime feedback on changes in the user's brain state. This concept may be called Adaptive Brainstate Change Notification (or “ABCN”).”).
Coleman does not necessarily require after a delay time based on the user attribute feature in the applied embodiment.
However, Coleman discloses alternate embodiments that disclose providing, after a delay time based on the user attribute, the customized feedback content during the meditation mode (Coleman in at least [0263], [0291], [0301-0302], [0306], [0317], [0428] for providing, after a delay time based on the user attribute, the customized feedback content during the meditation mode. see Coleman [0291] “supported user receives notification when they have disengaged from the exercise/brainstate and the delay is minimized”; [0301] “novice contends with more distractions, and the three regulative skills are frequently exercised…At the most advanced levels, the regulative skills are invoked less and less frequently”).
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 providing based on the user attribute, the customized feedback content during the meditation mode step used in the device as taught by Coleman, by further additionally ensuring the providing step occurs after a delay time based on the user attribute, as also taught by Coleman. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of customizing feedback to user specific attributes (Coleman, [0089], [0128], [0263], [0291], [0301-0302], [0306], [0317], [0428]).
As per independent Claim 75, Coleman discloses a non-transitory computer-readable storage medium, storing program instructions executable on a device to perform operations (Coleman in at least fig. 1, 3-4, 20, 54, 57-59, 61-64, abstract, [0007-0012], [0036], [0057-0060], [0063], [0065-0067], [0073-0079], [0089-0098], [0101-0102], [0107-0109], [0114-0115], [0123], [0126], [0128], [0132], [0152-0153], [0155], [0159], [0197], [0212-0215], [0227], [0238], [0243], [0249-0250], [0261-0264], [0269], [0276], [0287],[0295-0296], [0298], [0301-0303], [0317-0318], [0410],[0414], [0433-0440] for example discloses relevant subject-matter.. More pertinently, Coleman in at least abstract, fig. 20A, 20B, [0008-0010], [0012], [0057], [0435] discloses non-transitory computer-readable storage medium, storing program instructions executable on a device to perform operations. See at least Coleman [0008] “a system comprising: at least one computing device comprising at least one processor and at least one non-transitory computer readable medium storing computer processing instructions; at least one bio-signal sensor in communication with the at least one computing device; wherein, upon execution of the computer processing instructions by the at least one processor, the at least one computing device is configured to: execute at least one brain state guidance routine ”) comprising:
obtaining physiological data via one or more sensors(Coleman at least [0008], [0010], [0057], [0123], [0126], [0264]. See at least Coleman [0008] “at least one bio-signal sensor in communication with the at least one computing device… receive bio-signal data of the at least one user from the at least one bio-signal sensor, at least one of the at least one bio-signal sensor comprising at least one brainwave sensor, and the received bio-signal data comprising at least brainwave data of the at least one user”; [0126] “a user wears a brainwave headset … application on the phone processes the brainwaves and gives them feedback about their brain state using neurofeedback”; [0264] “computer system may communicate with and the computer program may integrate information from other sensors measuring bio and other data (heart-rate monitor, blood pressure monitor, blood glucose monitor, phone accelerometer, microphone etc.) in order to obtain better overall information regarding the user”);
determining an attentive state during a meditation mode based on the physiological data(Coleman in at least abstract, fig. 63, [0010], [0126], [0295]. See at least Coleman [0010] “computer system or method may be provided for measuring biofeedback information of at least one user against at least one goal of a brain state exercise while the at least one user is guided through the brain state exercise… computer system may comprise: … a computer program that when executed runs one or more meditation routines that guide at least one user through at least one meditation exercise, and (C) a bio-signal processing system that provides biofeedback information to the computer, and wherein the computer program when executed further measures performance of the at least one user relative to one or more meditation related objectives by analyzing the biofeedback information.”; [0295] “An ABCN “in-state” may include apprehending object of attention, sustained attention, and alert yet relaxed focus. An ABCN “off-state” may include drifting into thinking, mind wandering, and anxiety or drowsiness. FIG. 62 shows a Focused Attention Method of training, without ABCN, and FIG. 63 shows a Focused Attention Method of training with ABCN”);
customizing feedback content for guiding a change of the attentive state during the meditation mode, wherein the feedback content is customized based on a user attribute(Coleman in at least [0058], [0089], [0126], [0263], [0317], [0428]. See at least Coleman [0058] “The system and method … support the user's goal state through feedback unique to the user's particular brainwave characteristics, as determined and stored in a user profile…Feedback may be provided by the system to help the user detect changes in brain state.”; [0089] “at least one computing device may be configured to receive brain state guidance proficiency information indicating the proficiency of the respective user in achieving brain state guidance objectives, and to select the brain state guidance routine for execution based at least partly on the received proficiency information”; [0428] “program that is customized to the user's specific level for the goal in mind. The Guidance system conducts a survey to help the user clarify their goals and then choose an EEG acquisition protocol to help characterize a patient.”); and
providing based on the user attribute, the customized feedback content during the meditation mode(Coleman in at least [0057-0058], [0089], [0428].see at least Coleman [0057]. “a system and method for brain state guidance comprising presenting a video or audio user interface (UI) element or scene to a user which is associated by the system to encourage satisfying a brain state guidance objective for the exercise, such as achieving and/or maintaining a particular target brain state in the user. The UI element may be varied by the system based on brainwave data received from sensors worn by the user, such that the UI element is indicative of the user either achieving or not achieving the associated target brain state, thereby providing realtime feedback on changes in the user's brain state. This concept may be called Adaptive Brainstate Change Notification (or “ABCN”).”).
Coleman does not necessarily require after a delay time based on the user attribute feature in the applied embodiment.
However, Coleman discloses alternate embodiments that disclose providing based on the user attribute, the customized feedback content during the meditation mode (Coleman in at least [0089], [0263], [0291], [0301-0302], [0306], [0317], [0428] for providing, after a delay time based on the user attribute, the customized feedback content during the meditation mode. see Coleman [0089] “at least one computing device may be configured to receive brain state guidance proficiency information indicating the proficiency of the respective user in achieving brain state guidance objectives, and to select the brain state guidance routine for execution based at least partly on the received proficiency information”; [0291] “supported user receives notification when they have disengaged from the exercise/brainstate and the delay is minimized”; [0301] “novice contends with more distractions, and the three regulative skills are frequently exercised…At the most advanced levels, the regulative skills are invoked less and less frequently”).
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 providing based on the user attribute, the customized feedback content during the meditation mode step used in the non-transitory computer-readable storage medium system as taught by Coleman, by further additionally ensuring the providing step occurs after a delay time based on the user attribute, as also taught by Coleman. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the advantage of customizing feedback to user specific attributes (Coleman, [0089], [0128], [0263], [0291], [0301-0302], [0306], [0317], [0428]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and/or the claims.
Prior art US 20180173308 A1 to Smith discloses system, method and/or computer program product for providing a virtual reality breathing environment using a sensor in communication with a virtual reality system by receiving, from a breathing sensor, a signal indicative of an intensity of breathing of a user and displaying a visualization on a user display. Embodiments further compute a modification of a visual characteristic of the visualization based on the signal, the magnitude of the modification corresponding to the intensity of breathing of the user with the visualization being updated based on the modification similar to that disclosed.
Prior art US 20170188976 A1 to Kalra et al. for disclosing methods addressing psychological conditions of a patient through guided meditation similar to that disclosed. More specifically, Kalra discloses a method for addressing psychological conditions of a patient through guided meditation by serving a first psychological test to the patient through a virtual patient portal; transforming results of the first psychological test into a set of psychological conditions of the patient; matching a first predefined meditation path to the patient based on a severity of each psychological condition in the set of psychological conditions; serving a first guided meditation track in the first meditation path to the patient through the virtual patient portal; serving a second psychological test to the patient through the virtual patient portal; calculating new intensities of each psychological condition in the set of psychological conditions of the patient based on results of the second psychological test; and matching a second predefined meditation path to the patient based on the new intensities of each psychological condition in the set of psychological conditions.
Prior art US 20200001040 A1 to Gloria et al. discloses method, apparatus, and system for meditation similar to that disclosed. More specifically, an apparatus that may monitor user biometrics. A software application for guiding the user through a meditation session, and the two used together as a system. The system may be included as stand alone sitting device, or the system may use a sitting apparatus and a second device. Also, described is a group mediation embodiment.
Prior art US 20080269629 A1 to Reiner for disclosing methods and apparatus for reducing anxiety and promoting relaxation in mammalian subjects by generation of alpha waves in a mammalian subject through a process of measuring a EEG wave-from produced by the electrical activity of the subject's brain, analyzing the wave-form to determine changes in its frequency, and delivering audio and visual stimulation to the subject, each at a rate selected to vary the frequency of the wave-form until any alpha state is achieved similar to that disclosed.
Prior art US 20100041001 A1 to Delahunt et al. for disclosing a method for improving a participant's cognition and participant's visual divided attention by use of brain health programs utilizing brain plasticity to enhance human performance similar to that disclosed.
Prior art US 20110105859 A1 to Popovic et al. for disclosing systems and methods for guiding a user to a desired mental state using multi-sensory feedback to make a user aware of their mental state and train them to interactively maintain or vary their mental state or to move into a state that is known to be beneficial for a particular task or activity similar to that disclosed.
Prior art US 20110262887 A1 to Cleveland for disclosing systems and methods for gaze based attention training similar to that disclosed. More specifically, systems and methods that a) monitor a person's gaze activity as he interacts with a dynamic, computer-generated environment, b) observe when the person is paying attention and what he is paying attention to, and c) adaptively modify the environment's activity to encourage and teach the person to maintain visual attention and to reinforce positive visual attention behaviors.
Prior art US 20120077160 A1 to DeGutis et al. for disclosing a computer-implemented, interactive behavioral training system for enhancing an individual's attentional state similar to that disclosed. Specifically, it involves an interactive computer-based training system that may be administered to enhance normal attention functioning, and therefore cognition.
Prior art US 20120083668 A1 to Pradeep et al. for disclosing methods to modify a characteristic of a user based on a neurological and/or physiological measurement similar to that disclosed. More specifically, method of operating a user device that includes collecting at least one of neurological data or physiological data of a user interacting with the user device. The example method also includes identifying a current user state based on the at least one of the neurological data or the physiological data. In addition, the example method includes modifying a characteristic of the user device based on the current user state and a desired user state.
Prior art US 20020182574 A1 to Freer for disclosing EEG based biofeedback system for improving cognitive ability similar to that disclosed.
Prior art US 20070299319 A1 to Chan et al. for disclosing cognitive training using continuously adaptive feedback similar to that disclosed. More specifically, computer system for improving cognitive ability and memory of a subject using continuous performance with respect to a stimulus stream.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNITA REDDY whose telephone number is (571)270-5151. The examiner can normally be reached on M-Thu 10-4 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHARLES A MARMOR II can be reached on (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUNITA REDDY/Primary Examiner, Art Unit 3791
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