DETAILED ACTION
Claim Rejections - 35 USC § 102
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 1 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nel et al. (US 11,545,046).
Regarding claim 1, Nel discloses a learning system, wherein at least first and second brain wave signals of a subject are measured, one representative of a rest state and one of a learning state. See col. 7: 46-51 and col. 8: 1-11 (i.e. a rest state would be a brain wave below the low anxiety threshold, and a learning state would be a brain wave above the same threshold yet below the high anxiety threshold). Nel discloses a learning success criterion based on the brain wave signals as learning success or learning failure. See col. 9: 15-27. Nel discloses measuring a third brain wave of the subject while content is being provided, and a policy for the content is determined, based upon success criterion and the learning state measurement index. See col. 8: 21-31. With specific regard to claim 9, Nel discloses storing a code for learning policies in col. 10: 5-18.
Claim Rejections - 35 USC § 103
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 2-8 are rejected under 35 U.S.C. 103 as being unpatentable over Nel et al. (US 11,545,046) in view of Rausch (US 8,744,855).
Regarding claims 2-4 and 6, Nel discloses wherein learning content is categorized based upon various factors, including content type, and wherein the amount and difficulty of content for a user are adjusted up or down, as material is relearned if required, based upon the user’s success criterion, which has been determined from previous sessions (i.e. ‘third waves’). See col. 4: 62-65, col. 6: 8-38, and col 6: 50-59. However, Nel does not disclose wherein the content is categorized by type, more specifically as text (claims 2-4) or video (claim 6). However, this is a common category in similar education presentation systems, as is disclosed by the adaptive learning system of Rausch in col. 9: 15-44. It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to consider such categories with the Nel system, so as to effectively categorize learning parameters.
Regarding claim 5, Nel discloses wherein the metrics can comprise concentration and mood. See col. 6: 8-16.
Regarding claim 7, Nel discloses video learning (VR) and evaluations and re-learning in col. 4: 55-67.
Regarding claim 8, Nel discloses wherein the recommendation to relearn content can be based upon numerous factors. See col. 9: 6-28.
Conclusion
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TIMOTHY A. MUSSELMAN
Primary Examiner
Art Unit 3715
/TIMOTHY A MUSSELMAN/Primary Examiner, Art Unit 3715