DETAILED ACTION
Status of Claims
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-36 are pending.
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 1-20 and 28-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aimone et al. (US 20160077547 A1, 2016-03-17) (hereinafter “Aimone”).
Regarding claims 1-20 and 28-30, Aimone teaches a system (and method of use) for data collection during therapy on a patient comprising: a grip device to be held by the patient, the grip device comprising one or more buttons (e.g., [0056]) and being configured to: detect pressing of a pattern of the one or more buttons by the patient (e.g., [0056]); and transmit an indication of the pattern to a user device (e.g., [0056]); a mask device to be positioned over eyes of the patient (e.g., [0058), the mask device comprising one or more functional near infrared spectroscopy (fNIRS) sensors and being configured to: measure fNIRS data from the patient; and transmit the fNIRS data to the user device; and a wearable device to be worn by the patient, the wearable device being configured to: measure biometric data from the patient; and transmit the biometric data to the user device (e.g., [0180]); wherein the user device is configured to provide a playback interface displaying at least one of the fNIRS data or biometric data (e.g., [0058], [0181]) (as recited in claims 1, 17, 28); further comprising a provider device communicably coupled to the user device and configured to provide the playback interface (e.g., [0082], [0096], [0181]) (as recited in claims 2, 29); wherein the biometric data comprises at least one of a heart rate, an average body temperature, motion information, oxygen levels, respiratory rates, blood pressure, or skin moisture information (e.g., [0118] (as recited in claim 3); wherein the mask device further comprises at least one microphone (e.g., [0055) and is configured to: measure audio data from the patient; and transmit the audio data to the user device to be displayed in the playback interface (e.g., [0121]) (as recited in claims 4, 30); wherein the user device is configured to generate a transcription based on the audio data and display the transcription in the playback interface (e.g., [0119]) (as recited in claim 5); wherein the user device is configured to perform vocal analysis and sentiment analysis on the audio data and quantify a mood assessment for the patient (e.g., [0060], [0066]) (as recited in claim 6); further comprising a server communicably coupled to the user device, wherein the server is configured to: receive the audio data; generate a transcription based on the audio data; and transmit the transcription to the user device (e.g., [0053]-[0054], [0060], [0066]-[0069]) (as recited in claim 7); further comprising a server communicably coupled to the user device, wherein the server is configured to: receive the audio data; perform vocal analysis on the audio data; perform sentiment analysis on the audio data; quantify a mood assessment for the patient; and transmit the mood assessment to the user device (e.g., [0053]-[0054], [0060], [0066]-[0069]) (as recited in claims 8, 20); wherein the playback interface comprises a linear editor and is configured to: receive a selection of at least one data stream; and play the at least one selected data stream in synchronization on the user device (e.g., [0039]-[0040], [0066], [0083], [0088], [0111] (as recited in claim 9); further comprising a server communicably coupled to the user device, wherein the server is configured to: receive the biometric data and the fNIRS data; and analyze the biometric data and the fNIRS data to detect, via a machine learning algorithm, at least one timepoint (e.g., [0060]-[0065]-[0067], [0088], [0092]) (as recited in claims 10, 18); wherein the user device is configured to detect, via a machine learning algorithm, at least one timepoint in the at least one data stream (e.g., [0060]-[0065]-[0067], [0088], [0092]) (as recited in claim 11); wherein the playback interface is configured to receive an annotation for the at least one timepoint (e.g., [0120]) (as recited in claims 12, 19); further comprising a server communicably coupled to the user device, wherein the server is configured to: receive the biometric data and fNIRS data from the user device; identify a previously recorded data stream associated with the patient; and execute a neurofeedback procedure on the received data and the identified data stream (e.g., [0109], [0120], [0124], [0128], [0130]-[0131]) (as recited in claim 13); wherein the server is configured to, in response to the execution of the neurofeedback procedure, transmit one or more feedback signals to the user device (e.g., [0109], [0120], [0124], [0128], [0130]-[0131]) (as recited in claim 14); wherein the execution of the neurofeedback procedure is performed based on the pattern of the one or more buttons (e.g., [0109], [0120], [0124], [0128], [0130]-[0131]) (as recited in claim 15); wherein the user device comprises a data hub configured to store baseline data of the patient and the user device is configured to compare the fNIRS data and biometric data to the baseline data (e.g., [0053]-[0054], [0060], [0066]-[0069]) (as recited in claim 16).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 21-22, 26 are rejected under 35 U.S.C. 103 as being unpatentable over Aimone.
Regarding claims 21-22, 26, as discussed above, Aimone teaches a system (and method of use) for data collection during therapy on a patient comprising: a microphone configured to record patient audio; a speaker configured to play audio (e.g., [0055]); one or more functional near infrared spectroscopy (fNIRS) sensors.
Aimone does not expressly teach a light emitting diode (LED) configuration configured to illuminate a pattern based on a received neurofeedback signal. However, Aimone teaches illuminating a pattern based on a received neurofeedback signal (e.g., [0167]).
Official Notice is given that LEDs are commonly used for illumination.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention taught by Aimone such that the invention further comprises a light emitting diode (LED) configuration configured to illuminate a pattern based on a received neurofeedback signal (as recited in claim 21); wherein the device is configured to be worn around a head of the patient (e.g., Fig. 1) (as recited in claim 22); comprising one or more electrooculography (EOG) sensors configured to detect eye movement of the patient (e.g., [0058]-[0059]) (as recited in claim 26) in order to enhance the modality of the neuro-feedback.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Aimone, as applied to claim 21, and further in view of Jiang (US 20180032101 A1, 2018-02-01).
Regarding claim 23, as discussed above, Aimone teaches a system (and method of use) for data collection during therapy on a patient, except comprising a zipper. Jiang teaches a VR headset equipped with a zipper. See, e.g., [0026].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Jiang with the invention taught by Aimone
such that the invention further comprises a zippable functionality, wherein the device is configured to operate in conjunction with a virtual reality headset (as recited in claim 23) in order to improve the usability of the invention.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Aimone, as applied to claim 21, and further in view of Rosenberg (US 20150314102 A1, 2015-11-05).
Regarding claim 24, as discussed above, Aimone teaches a system (and method of use) for data collection during therapy on a patient, except comprising nebulizers for drug delivery. Rosenberg teaches a nebulizer for drug delivery. See, e.g., [0168].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Rosenberg with the invention taught by Aimone
such that the invention further comprises a nebulizer extension for drug delivery and configured to collect dose data (as recited in claim 24) in order to better ascertain and/or affect the neuro-psychological state of the user.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Aimone, as applied to claim 21, and further in view of Berka et al. (US 20100292545 A1, 2010-11-18) (hereinafter “Berka”).
Regarding claim 25, as discussed above, Aimone teaches a system (and method of use) for data collection during therapy on a patient, except comprising pupillometric sensors. Berka teaches pupillometric sensors. See, e.g., [0026].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Berka with the invention taught by Aimone
such that the invention further comprises one or more pupillometric sensors configured to measure pupil dilation information from the patient (as recited in claim 25) in order to better ascertain the neuro-psychological state of the user.
Claims 27 and 31-36 are rejected under 35 U.S.C. 103 as being unpatentable over Aimone, as applied to claim 21, and further in view of Murdock (US 20210265055 A1, 2021-08-26).
Regarding claims 27 and 31-36, as discussed above, Aimone teaches a system (and method of use) for data collection during therapy on a patient, except comprising measuring pulse using a camera and using a camera directed at the face of the user.
Murdock teaches measuring pulse using a camera (e.g., [0062]) and using a camera directed at the face of the user (e.g., [0052]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Murdock with the invention taught by Aimone
such that the invention further comprises a camera module configured to record a video feed of a face of the patient (as recited in claim 27); wherein the user device is configured to process the video feed to detect pulse data of the user (as recited in claim 31); wherein the user device is configured to, in response to detecting pressing of the pattern of the one or more buttons, bookmark a moment in a user data stream (as recited in claim 32); a method for administering a therapy on a user comprising: receiving fNIRS data measured by a mask device positioned over eyes of the user; receiving a video feed recorded by the mask device; processing the video feed to detect pulse data of the user; receiving audio data measured by at least one microphone positioned at a head of the user; and providing a user-configurable playback interface displaying at least one of the fNIRS data, the audio data, or the pulse data (as recited in claim 33); further comprising receiving, via the playback interface, an annotation for at least one section of a data stream, the data stream comprising at least one of the fNIRS data, the audio data, or the pulse data (as recited in claim 34); further comprising receiving an annotation for at least one section of a data stream, the data stream comprising at least one of the fNIRS data, the audio data, or the pulse data from a provider device (as recited in claim 35); further comprising receiving an integral from a provider decide on a pre-defined schedule (e.g., [0167] of Aimone) (as recited in claim 36) in order to better ascertain and/or affect the neuro-psychological state of the user.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT T LUAN whose telephone number is (571)270-1860. The examiner can normally be reached on 9am-5pm, M-F (generally).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gary Jackson, can be reached on 571-272-4697. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Scott Luan, Ph.D.
/SCOTT LUAN/Primary Examiner, Art Unit 3792