DETAILED ACTION
Information Disclosure Statement
The prior art documents submitted by application in the Information Disclosure Statement filed on 11/28/2023 have all been considered and made of record (note the attached copy of form PTO – 1449).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 and 11 are rejected on the ground of nonstatutory obviousness -type double patenting as being unpatentable over claims 1 and 20 respectively U.S.Patent No . 11,865,268 B2.
Although the conflicting claims are not identical they are not patentable distinct from each other because the instant claims are anticipated by the patented claims.
The claims of the instant application corresponds to the patented claim as follows:
Instant application 18/520,559
Regarding claim 1, A system, for remote Eye Movement Desensitization and Reprocessing (EMDR) therapy, comprising: a therapist computing platform, comprising one or more therapist input and output devices a therapist computing platform processor and associated memory, wherein the memory includes instructions that when executed by the therapist computing platform processor perform steps of: establishing a connection with a client computing platform; providing an interactive dashboard on a computer screen of the therapist computing platform configured for inputting one or more parameters for controlling motion of visual, audio, and/or tactile bilateral stimulation (BLS) at the client computing platform, including BLS speed; and transmitting the one or more parameters to the client computing platform over the connection; anda client computing platform, comprising one or more client output devices, a client computing platform processor and associated memory, wherein the memory includes instructions that when executed by the client computing platform processor perform steps of: establishing the connection with the therapist computing platform; receiving by the connection the one or more parameters for controlling the BLS; and presenting on the one or more client output devices the visual, audio, and/or tactile BLS, according to the one or more parameters.
Regarding claim 11, A computer-based method for remote Eye Movement Desensitization and Reprocessing (EMDR) therapy comprising:at a therapist computing platform, including one or more therapist input and output devices a therapist computing platform processor and associated non-transient, instruction-storing memory, performing, by the therapist computer platform processor, steps of: establishing a connection with a client computing platform; providing an interactive dashboard on a computer screen of the therapist computing platform configured for inputting one or more parameters for controlling motion of visual, audio, and/or tactile bilateral stimulation (BLS) at the client computing platform, including BLS speed; and transmitting the one or more parameters to the client computing platform over the connection; and at the client computing platform, including one or more client output devices, a client computing platform processor and associated, non-transient, memory, performing steps of: establishing the connection with the therapist computing platform; receiving by the connection the one or more parameters for controlling the BLS; and presenting on the one or more client output devices the visual, audio, and/or tactile BLS, according to the one or more parameters.
U.S.Patent No. 11,865,268 B2
Regarding claim 1, A system for remote Eye Movement Desensitization and Reprocessing (EMDR) therapy comprising: a therapist computing platform, comprising a therapist computer screen, a processor and associated memory, wherein the memory includes instructions that the processor executes to perform steps of: establishing a first connection with an EMDR server; communicating, to the EMDR server, parameters controlling a bilateral stimulation (BLS), wherein the parameters include at least one of a start and a duration of the bilateral stimulation; receiving from the EMDR server, by the first connection, an EMDR message indicating a BLS element position, wherein a BLS element position is a screen position of a visual element, or a right or left position of an audio or tactile element; and responsively presenting, on an output device of the therapist computing platform, at least one BLS element at the indicated position; a client computing platform, comprising a client computer screen, a processor and associated memory, wherein the memory includes instructions that the processor executes to perform steps of: establishing a second connection with the EMDR server; receiving from the EMDR server, by the second connection, the EMDR message indicating the BLS element position; and responsively presenting, on an output device of the client computing platform, at least one BLS element at the indicated position; and the EMDR server, comprising a processor and associated memory, wherein the memory includes instructions that the processor executes to perform steps of: establishing the first and second connections with the respective therapist and client computing platforms; receiving, from the therapist computing platform, the parameters controlling the bilateral stimulation; and broadcasting the EMDR message, simultaneously over the first and second connections, to the respective therapist and client computing platforms, according to the parameters controlling the bilateral stimulation.
Regarding claim 20, A computer-based method for remote Eye Movement Desensitization and Reprocessing (EMDR) therapy comprising: at a therapist computing platform that has a processor and associated memory including instructions for implementing steps of the method, establishing a first connection with an EMDR server; communicating, to the EMDR server, parameters controlling a bilateral stimulation (BLS), wherein the parameters include at least one of a start and a duration of the bilateral stimulation; receiving from the EMDR server, by the first connection, an EMDR message indicating a position of at least one BLS element, wherein the at least one BLS element is at least one of a visual, an audio, and a tactile element, and wherein the indicated position is a screen position of a visual element, or a right or left position of an audio or tactile element; and responsively presenting, on an output device of the therapist computing platform, the at least one BLS element at the indicated position; at a client computing platform that has a processor and associated memory including instructions for implementing steps of the method, establishing a second connection with the EMDR server; receiving from the EMDR server, by the second connection, the EMDR message indicating the position of the at least one BLS element; and responsively presenting, on an output device of the client computing platform, the at least one BLS element at the indicated position; and at the EMDR server that has a processor and associated memory including instructions for implementing steps of the method, establishing the first and second connections with the respective therapist and client computing platforms; receiving, from the therapist computing platform, the parameters controlling the bilateral stimulation; and broadcasting the EMDR message, simultaneously over the first and second connections, to the respective therapist and client computing platforms, according to the parameters controlling the bilateral stimulation.
Allowable Subject Matter
3. Claims 2-10 and 12-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: wherein the therapist computing platform processor is further configured to present, on at least one of the output devices of the therapist platform, the visual, audio, and/or tactile BLS, synchronized with the motion of the BLS on the client computing platform and further comprising at the client computing platform a client video camera for capturing video of a client user, wherein the client computing platform processor is configured to transmit the video to the therapist computing platform, for presenting the client's reactions to bilateral stimulation at the therapist computing platform and wherein the connection is established by a protocol based on WebRTC and wherein the therapist computing platform processor is further configured to perform steps of providing, on the dashboard, options for entering one or more additional parameters of: client identifying information, client preferences including the parameters for controlling the BLS, notes regarding a session, BLS element visual features of color, opacity, size, shape, brightness, a height, a direction path, a tracking path, background color, and options for presenting saccades motion of the BLS and wherein the parameters further include at least one of a set of audio element features comprising volume, a sound effect, and music, and/or a tactile element feature of a vibration intensity and further comprising a server, wherein the connection provides communication of the one or more parameters to the server and subsequent communication of the one or more parameters from the server to the client computing platform and wherein the therapist computing platform processor is further configured to perform steps of calculating and displaying a level of correspondence between client eye motion and the BLS motion and , wherein the therapist computing platform processor is further configured to calculate a level of correspondence between the client eye motion and the motion of the BLS and responsively to modify, automatically, the BLS motion and wherein the therapist computing platform processor is further configured to present the BLS at a mirrored location with respect to a location of the BLS as presented at the client computing platform and further comprising presenting, on at least one of the output devices of the therapist platform, the visual, audio, and/or tactile BLS, synchronized with the motion of the BLS on the client computing platform and further comprising capturing video of a client user at the client computing platform processor, transmitting the video to the therapist computing platform, and 27presenting the video at the therapist computing platform to show the client's reactions to bilateral stimulation at the therapist computing platform and further comprising providing, on the dashboard, options for entering one or more additional parameters of: client identifying information, client preferences including the parameters for controlling the BLS, notes regarding a session, BLS element visual features of color, opacity, size, shape, brightness, a height, a direction path, a tracking path, background color, and options for presenting saccades motion of the BLS and wherein the parameters further include at least one of a set of audio element features comprising volume, a sound effect, and music, and/or a tactile element feature of a vibration intensity and further comprising providing communication of the one or more parameters to a server and subsequent communication of the one or more parameters from the server to the client computing platform and further comprising calculating and displaying a level of correspondence between client eye motion and the BLS motion and further comprising calculating and displaying a level of correspondence between client eye motion and the BLS motion and responsively modifying the BLS motion and further comprising presenting the BLS at the therapist computing platform at a mirrored location with respect to a location of the BLS as presented at the client computing platform.
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED A HASAN whose telephone number is (571)272-2331. The examiner can normally be reached M-TH 6 AM -4 PM.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, Wyatt Stoffa can be reached on 571-2701782. 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.
/MOHAMMED A HASAN/Primary Examiner, Art Unit 2872 9/1/2024
