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 .
Election/Restrictions
Claims 11-18 drawn to a nonelected group II has been cancelled. Election was made without traverse in the reply filed on 02/04/2026.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-11, 19-28 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception(s) without significantly more.
[STEP 1] The claim recites at least structure. Thus, the claim is to product, which is one of the statutory categories of invention (Step 1: YES).
[STEP2A PRONG I] The claim(s) 1, 19 and 21 recite(s):
an interactive reading assistance system for assisting users read (see abstract) , the interactive reading assistance system comprising:
an interactive reading assistance device comprising an interactive display area;
a processing device in communication with the interactive reading assistance device, the processing device having a processor configured to perform logic functions based upon user inputs on the interactive reading assistance device, the processing device comprising memory, wherein one or more texts are
parsed into at least one of intermediate text segments, identified elements, and speech sound elements, assigned tags, and stored in the memory, the processing device provides instruction to the interactive reading assistance device to present the one or more texts to a reader in a recording mode;
presenting a prompt to the reader to read and record at least one of intermediate text segments, the identified elements, and the speech sound elements identified based upon input therapeutic goals based upon the assigned tags;
storing the recorded at least one of intermediate text segments, identified elements, and speech sound elements in memory;
matching the recorded at least one of intermediate text segments, identified elements, and speech sound elements to the at least one of intermediate text segments, identified elements, and speech sound elements present in the one or more texts;
providing instruction to the interactive reading assistance device to present the one or more texts to a user in a reading mode;
responsive to the user selecting a text of the one or more texts, options to view the recorded at least one of intermediate text segments, identified elements, and speech sound elements associated with the respective at least one of intermediate text segments, identified elements, and speech sound elements are presented; and
responsive to the user selection of an option to view a respective intermediate text segment, identified element, or speech sound element, the recording matched to that respective intermediate text segment, identified element, or speech sound element is played.
The non-highlighted aforementioned limitation, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation between people but for the recitation of generic computer components. That is, other than reciting “display”, “touch screen”, “processing device”, “memory”, nothing in the claim element precludes the step from practically being performed between people. For example, but for the recited language, the step in the context of this claim encompasses a teacher providing prompts to a student to read, analyze said students’ reading ability and providing information about the student reading ability to the students.
If a claim limitation, under its broadest reasonable interpretation, covers managing interactions between people, then it falls within the “Organization of Human Activity” grouping of abstract ideas.
Accordingly, the claim recites a judicial exception, and the analysis must therefore proceed to Step 2A Prong Two.
[STEP2A PRONG II] This judicial exception is not integrated into a practical application. In particular, the claim only recites the additional element(s) – reciting “display”, “touch screen”, “processing device”, “memory”.
The reciting “display”, “touch screen”, “processing device”, “memory” in the aforementioned steps are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component.
Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea and the claim is therefore directed to the judicial exception. (Step 2A: YES).
[STEP2B] The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a processor to perform the aforementioned steps amounts to no more than mere instructions to apply the exception using a generic computer component, which cannot provide an inventive concept (for example, see paragraph 45-46).
As noted previously, the claim as a whole merely describes how to generally “apply” the aforementioned concept in a computer environment. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea.
The claim is not patent eligible. (Step 2B: NO).
Claims 2-10, 20 and 22-28 are dependent on supra claim(s) and includes all the limitations of the claim(s). Therefore, the dependent claim(s) recite(s) the same abstract idea. For example, claims 2-4, 20, 23-24 and 27-28 are directed to the type of user and the type of the text presented to the user (abstract idea); claims 5-10, 22 and 26 are directed to the type of feedback being presented to the user (insignificant extra-solution activity). The claim recites no additional limitations. Accordingly, the additional element(s) do(es) not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea and the claim is therefore directed to the judicial exception. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Thus, even when viewed as a whole, nothing in the claim adds significantly more (i.e., an inventive concept) to the abstract idea.
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 1-2, 5-10, 19-21, and 25-28 are rejected under 35 U.S.C. 103 as being unpatentable over Yeung WO 2006136061 and in view of Bowen US 9478143
Claims 1: The Yeung reference provides a teaching of an interactive reading assistance system for assisting users read (see abstract), the interactive reading assistance system comprising:
an interactive reading assistance device comprising an interactive display area (see paragraph 46 item 406 display area having reading prompt);
a processing device in communication with the interactive reading assistance device, the processing device having a processor configured to perform logic functions based upon user inputs on the interactive reading assistance device, the processing device comprising memory, wherein one or more texts are parsed into at least one of intermediate text segments, identified elements, and speech sound elements, assigned tags, (see paragraph 58) and stored in the memory, the processing device provides instruction to the interactive reading assistance device to present the one or more texts to a reader in a recording mode (see paragraph 56)
presenting a prompt to the reader to read and record at least one of intermediate text segments, the identified elements, and the speech sound elements identified based upon input therapeutic goals based upon the assigned tags (see paragraph 41) ;
storing the recorded at least one of intermediate text segments, identified elements, and speech sound elements in memory (see paragraph 42);
matching the recorded at least one of intermediate text segments, identified elements, and speech sound elements to the at least one of intermediate text segments, identified elements, and speech sound elements present in the one or more texts (see paragraph 43) ;
providing instruction to the interactive reading assistance device to present the one or more texts to a user in a reading mode (see paragraph 51);
responsive to the user selecting a text of the one or more texts, options to view the recorded at least one of intermediate text segments, identified elements, and speech sound elements associated with the respective at least one of intermediate text segments, identified elements, and speech sound elements are presented (see paragraph 56) ; and
responsive to the user selection of an option to view a respective intermediate text segment, identified element, or speech sound element, the recording matched to that respective intermediate text segment, identified element, or speech sound element is played (see paragraph 47).
The Yeung reference is silent on the teaching of defining a touch screen. However, the Bowen reference provides a teaching wherein the display is defined by a touch screen.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Yeung reference with the feature of a touch screen, as taught by the Bowen reference, by providing customized support that is inline with the student’s need (see col. 2:35-43)
Claims 2, 27 and 28: The Yeung reference is silent on the teaching of wherein the user is one of learning or hearing impaired and wherein the therapeutic goal is one of facilitating of a user who is learning or hearing impaired.
However, the examiner takes the position that the current limitation is directed to the intended usage of the limitation. In this particular case, nothing in disclosure of Yeung that would prevent the use of the systems by a user is one of learning or hearing impaired. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Claim 5: The Yeung reference provides a teaching of wherein responsive to receiving a user selection of a text selection option, providing instruction to the interactive reading assistance device to present one or more highlightable section elements to the user (see paragraph 52).
Claim 6: The Yeung reference provides a teaching wherein the one or more highlightable section elements include highlighting a first letter, wherein responsive to receiving a selection of a first letter, providing instruction to the interactive reading assistance device to present a first visual indicator to highlight the first letter (see paragraph 52 blue highlight).
Claim 7: The Yeung reference provides a teaching wherein responsive to receiving a selection of a second letter providing instruction to the interactive reading assistance device to present a second visual indicator to highlight the second letter, the first visual indicator different than the second visual indicator (see paragraph 52 red highlight).
Claim 8: The Yeung reference provides a teaching of wherein the one or more highlightable section elements include highlighting parts of speech, wherein responsive to receiving a selection of a first part of speech providing instruction to the interactive reading assistance device to present a first visual indicator to highlight the first part of speech.
The Bowen reference provides a teaching of wherein the one or more highlightable section elements include highlighting parts of speech, wherein responsive to receiving a selection of a first part of speech providing instruction to the interactive reading assistance device to present a first visual indicator to highlight the first part of speech (see col. 16:20-30).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Yeung reference with the feature of wherein the one or more highlightable section elements include highlighting parts of speech, wherein responsive to receiving a selection of a first part of speech providing instruction to the interactive reading assistance device to present a first visual indicator to highlight the first part of speech, as taught by the Bowen reference, by providing customized support that is inline with the student’s need (see col. 2:35-43)
Claims 9 and 25: The Yeung reference is silent on the teaching of wherein responsive to receiving a selection of a second part of speech providing instruction to the interactive reading assistance device to present a second visual indicator to highlight the second part of speech, the first visual indicator different than the second visual indicator.
However, the Bowen reference provides a teaching of wherein responsive to receiving a selection of a second part of speech providing instruction to the interactive reading assistance device to present a second visual indicator to highlight the second part of speech, the first visual indicator different than the second visual indicator (see paragraph 11:63-12:5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Yeung reference with the feature of wherein responsive to receiving a selection of a second part of speech providing instruction to the interactive reading assistance device to present a second visual indicator to highlight the second part of speech, the first visual indicator different than the second visual indicator, as taught by the Bowen reference, by providing customized support that is inline with the student’s need (see col. 2:35-43)
Claims 10 and 26: The Yeung reference is silent on the teaching of wherein the one or more highlightable section elements include highlighting auditory training, wherein responsive to receiving a selection of an auditory training element providing instruction to the interactive reading assistance device to audibly recite the recorded at least one of intermediate text segments, identified elements, and speech sound elements that corresponds to the auditory training element selected.
However, the Bowen reference provides a teaching of wherein the one or more highlightable section elements include highlighting auditory training, wherein responsive to receiving a selection of an auditory training element providing instruction to the interactive reading assistance device to audibly recite the recorded at least one of intermediate text segments, identified elements, and speech sound elements that corresponds to the auditory training element selected (see col. 19:5-15)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Yeung reference with the feature of wherein the one or more highlightable section elements include highlighting auditory training, wherein responsive to receiving a selection of an auditory training element providing instruction to the interactive reading assistance device to audibly recite the recorded at least one of intermediate text segments, identified elements, and speech sound elements that corresponds to the auditory training element selected, as taught by the Bowen reference, by providing customized support that is inline with the student’s need (see col. 2:35-43).
Claim 22: The Yueng reference provides a teaching of wherein responsive to receiving a selection of a second letter providing instruction to the interactive reading assistance device to present a second visual indicator to highlight the second letter, the first visual indicator different than the second visual indicator (see paragraph 52).
However, the Yueng reference is silent on the teaching of the one or more highlightable section elements include highlighting parts of speech, wherein responsive to receiving a selection of a first part of speech providing instruction to the interactive reading assistance device to present a first visual indicator to highlight the first part of speech.
The Bowen reference provides a teaching of wherein the one or more highlightable section elements include highlighting parts of speech, wherein responsive to receiving a selection of a first part of speech providing instruction to the interactive reading assistance device to present a first visual indicator to highlight the first part of speech (see col. 16:20-30).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Yeung reference with the feature of wherein the one or more highlightable section elements include highlighting parts of speech, wherein responsive to receiving a selection of a first part of speech providing instruction to the interactive reading assistance device to present a first visual indicator to highlight the first part of speech, as taught by the Bowen reference, by providing customized support that is inline with the student’s need (see col. 2:35-43).
Claim 19: The Yueng reference provide a teaching of a non-transitory computer readable medium storing instructions executable by an associated processor to perform a method for implementing an interactive reading assistance system comprising:
parsing one or more texts into at least one of intermediate text segments, identified elements, and speech sound elements (see paragraph 58);
assigning one or more assigned tags to the parsed intermediate text segments, identified elements, and speech sound elements (see paragraph 32);
providing instruction to an interactive reading assistance device of the interactive reading assistance system to present the one or more texts to a reader in a recording mode (see paragraph 41);
presenting a prompt to the reader to read and record at least one of intermediate text segments, identified elements, and speech sound elements identified based upon input therapeutic goals based upon the assigned tags (see paragraph 42);
storing the recorded at least one of intermediate text segments, identified elements, and speech sound elements in memory (see paragraph 40);
matching the recorded at least one of intermediate text segments, identified elements, and speech sound elements to the at least one of intermediate text segments, identified elements, and speech sound elements present in the one or more texts (see paragraph 43)
providing instruction to the interactive reading assistance device to present the one or more texts to a user in a reading mode (see paragraph 51);
providing a text selection option to the user on the interactive reading assistance device (see paragraph 57);
responsive to receiving a user selection of the text selection option, providing instruction to the interactive reading assistance device to present one or more highlightable section elements to the user (see paragraph 52);
providing an auditory training element option to the user on the interactive reading assistance device (see paragraph 40 playing benchmark audio visual); and
The Yueng reference is silent on the teaching of responsive to receiving a selection of the auditory training element, providing instruction to the interactive reading assistance device to audibly recite the recorded at least one of intermediate text segments, identified elements, and speech sound elements that corresponds to the auditory training element selected.
However, the Bowen reference provides a teaching of receiving a selection of the auditory training element, providing instruction to the interactive reading assistance device to audibly recite the recorded at least one of intermediate text segments, identified elements, and speech sound elements that corresponds to the auditory training element selected (see col. 16:23-30).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Yeung reference with the feature of receiving a selection of the auditory training element, providing instruction to the interactive reading assistance device to audibly recite the recorded at least one of intermediate text segments, identified elements, and speech sound elements that corresponds to the auditory training element selected, as taught by the Bowen reference, by providing customized support that is inline with the student’s need (see col. 2:35-43)
Claim 21: The Yeung reference provides a teaching of an interactive reading assistance system for assisting users read (see abstract), the interactive reading assistance system comprising:
an interactive reading assistance device comprising an interactive display area (see paragraph 46 item 406 display area having reading prompt);
a processing device in communication with the interactive reading assistance device, the processing device having a processor configured to perform logic functions based upon user inputs on the interactive reading assistance device, the processing device comprising memory, wherein one or more texts are parsed into at least one of intermediate text segments, identified elements, and speech sound elements, assigned tags, (see paragraph 58) and stored in the memory, the processing device provides instruction to the interactive reading assistance device to present the one or more texts to a reader in a recording mode (see paragraph 56)
presenting a prompt to the reader to read and record at least one of intermediate text segments, the identified elements, and the speech sound elements identified based upon input therapeutic goals based upon the assigned tags (see paragraph 41) ;
storing the recorded at least one of intermediate text segments, identified elements, and speech sound elements in memory (see paragraph 42);
matching the recorded at least one of intermediate text segments, identified elements, and speech sound elements to the at least one of intermediate text segments, identified elements, and speech sound elements present in the one or more texts (see paragraph 43) ;
providing instruction to the interactive reading assistance device to present the one or more texts to a user in a reading mode (see paragraph 51);
responsive to the user selecting a text of the one or more texts, options to view the recorded at least one of intermediate text segments, identified elements, and speech sound elements associated with the respective at least one of intermediate text segments, identified elements, and speech sound elements is played (see paragraph 56) ; and
wherein responsive receiving a user selection of a text selection option, providing instruction to present one or more highlightable section elements to the user, wherein the one or more highlightable section elements include highlighting a first letter, wherein responsive receiving a selection of a first letter, providing instruction to the interactive reading asstatnce device to present first visual indicators to highlight the first letter (see paragraph 47).
The Yeung reference is silent on the teaching of defining a touch screen. However, the Bowen reference provides a teaching wherein the display is defined by a touch screen.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Yeung reference with the feature of a touch screen, as taught by the Bowen reference, by providing customized support that is inline with the student’s need (see col. 2:35-43)
Claims 3-4, 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Yeung WO 2006136061 and in view of Bowen US 9478143 and further in view of Doehring CN 103136972
Claims 3 and 23: The Yeung reference is silent on the teaching of wherein the one or more texts comprise music and lyrics. However, the Doehring reference provides a teaching of wherein the one or more texts comprise music and lyrics (see page 4 paragraph 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Yeung reference with the feature of wherein the one or more texts comprise music and lyrics, as taught by the Doehring reference, in order to provide an immersive language training (see page 2 second to last paragraph).
Claims 4 and 24: The Yeung reference is silent on the teaching wherein the one or more texts are accompanied by music when selected by the user.
However, Doehring reference provides a teaching of wherein the one or more texts are accompanied by music when selected by the user (see page 12 paragraph 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Yeung with the feature of wherein the one or more texts are accompanied by music when selected by the user, as taught by the Doehring reference, in order to provide an immersive language training (see page 2 second to last paragraph).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J UTAMA whose telephone number is (571)272-1676. The examiner can normally be reached 9:00 - 17:30 Monday - Friday.
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, Kang Hu can be reached at (571)270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT J UTAMA/Primary Examiner, Art Unit 3715
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