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 .
Terminal Disclaimer
The terminal disclaimer filed on 6/5/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of 10898131 and 10123737 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 49, 50, 53, 55, 56, 57, 59, 60, 63, 65, 66 and 67 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Forbes (US 2012/0071785), cited previously.
Regarding claims 49 and 59, Forbes discloses a system and method for displaying images, comprising:
a computing system having one or more processors coupled with memory, configured to:
display a first plurality of expression images 103A in sequence to a subject 102, each expression image of the first plurality of expression images: (a) associated with a respective expression of a plurality of expressions and (b) configured to induce an amygdala activation in the subject, see paragraphs [0142] and [0143];
receive, responsive to completion of displaying of the first plurality of expression images 103A, a response 103B from the subject 102 to a query prompting whether a first expression image and a second expression image in the first plurality of expression images exhibits the same emotion (dominant emotional characteristic), see paragraphs [0020], [0062], [0080-0081],[0092] and [0027].
determine a performance score of the subject for the first session using the response to the query, see paragraphs [0029], [0030] and [0048]; and
modify, based at least on the performance score, presentation of a second plurality of expression images to be displayed in sequence to the subject, see paragraphs [0031] and [0032].
Regarding claims 50 and 60, Forbes discloses the computing system is further configured to display the first plurality of expression images in sequence, each expression image of the first plurality of expression images at an intensity on an intensity scale 104A of the respective expression in accordance with a level 202 of a plurality of levels, see paragraphs [0063], [0064] and [0065].
Regarding claims 53 and 63, Forbes discloses the computing system is further configured to provide the performance score 1410, 1420 and 1430 of the subject 102 for the first session using the response to the query.
Regarding claims 55 and 65, Forbes discloses the computing system is further configured to generate a regimen comprising a therapy session at least one of a specified frequency or a number of times, see paragraphs [0092], [0101] and [0104], the therapy session comprising a plurality of blocks at a plurality of levels, see paragraphs [0109], each block of the plurality of blocks to present a respective plurality of expression images in sequence to the subject, see paragraph [0116].
Regarding claims 56 and 66, Forbes discloses the computing system is further configured to determine an evaluation for at least one symptom of a psychiatric disorder of the subject based at least on the performance score, see paragraphs [0064] and [0160].
Regarding claims 57 and 67, Forbes discloses the subject is in need of treatment of a psychiatric disorder, wherein the psychiatric disorder comprises a general anxiety disorder or a social phobia, see paragraphs [0050], [0108], [0112] and [0155] wherein fear is being interpreted as a general anxiety disorder or a social phobia.
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 (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 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 58 and 68 are rejected under 35 U.S.C. 103 as being unpatentable over Forbes (US 2012/0071785) as applied to claims 49 and 59 above, and further in view of Blum (US 2006/0079495), both cited previously.
Regarding claims 58 and 68, Forbes meets all of the claimed limitations except for the subject 102 is using a pharmaceutical composition to address a psychiatric disorder, wherein the pharmaceutical composition comprises benzodiazepines.
Blum teaches benzodiazepines are anti-anxiety agents, see paragraph [0069]. One of ordinary skill in the art would have found it obvious to use benzodiazepines to address the psychiatric disorder or fear in the system and method for displaying images disclosed in Forbes because fear is an anxiety for which benzodiazepines are prescribed.
Response to Arguments
Applicant's arguments filed 6/5/2026 have been fully considered but they are not persuasive. Examiner finds that receive, responsive to completion of displaying of the first plurality of expression images 103A, a response 103B from the subject 102 to a query prompting whether a first expression image and a second expression image in the first plurality of expression images exhibits the same emotion (dominant emotional characteristic), see paragraphs [0020], [0062], [0080-0081],[0092] and [0027].
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JON ERIC C MORALES whose telephone number is (571)272-3107. The examiner can normally be reached Monday-Friday 830AM-530PM CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at 571-270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JON ERIC C MORALES/Primary Examiner, Art Unit 3796
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