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
Applicant’s election without traverse of Species A, methods and systems for achieving maximum cardiac exertion (figs. 1 and 2) in the reply filed on 1/13/2026 is acknowledged.
Claims 5-7 and 20-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/13/2026.
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.
Claim(s) 1-4 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fung (US PGPub. 2018/0161626). Fung describes the same invention as claimed, including:
Regarding claim 1, A method comprising: causing a head mounted visual display (VR/AR headset 400, or device 120 in Fig. 1) worn by a patient to output visual imagery configured to affect a psychological perception of the patient (via brain function tasks and game play); causing exercise equipment (para. 47: “While different embodiments may use different types of aerobic exercise equipment such as but not limited to elliptical 140, exercise bike (not shown), VR-specific, enhanced treadmill (see FIG. 7), rowing machine (not shown) and cross-country ski machine, just to name a few examples known to those skilled in the art, some type of aerobic exercise is part of the system.”) in use by the patient to affect a physical exercise performed by the patient; measuring, via one or more sensors, a cardiac exertion of the patient (para. 8: “a biometrics headset designed to monitor electrical brain activity (EEG), muscle activity (EMG), and heart rate (EKG),”); determining, based on the cardiac exertion of the patient, that the patient has not reached a maximum cardiac exertion (Fig. 2, step 206 “Is exercise intensity ideal?”); and adjusting one or more of the visual imagery or the physical exercise, wherein the adjustment causes the patient to reach the maximum cardiac exertion (para. 48: “The system may thus make use of a heart-rate and respiration sensor band 145a to regulate a participant' s exercise intensity level to be within the range specified for the desired neurogenically mediated functional outcome.” And para. 49: “To insure optimal neurogenesis mediated improvements in targeted brain function in the presence of a known desired outcome, the exertion level of the user, as measured by such parameters as heart and respiration rates may be monitored 203, 206 and the exertion required to play or the rate of activity occurring within in the virtual or augmented reality game may be reduced 211 to reduce user exertion when activity is determined too strenuous 210 on the other hand, the amount of exertion required to successfully play, or the rate of activity occurring in the virtual or augmented reality game may be increased 209 to cause exertion by the user to increase in cases where user effort is below optimal levels 208”).
Regarding claim 2, wherein adjusting one or more of the visual imagery or the physical exercise further comprises one or more of: increasing or decreasing an intensity level of the physical exercise; or increasing or decreasing a stress level of the visual imagery (para. 48: “The system may thus make use of a heart-rate and respiration sensor band 145a to regulate a participant' s exercise intensity level to be within the range specified for the desired neurogenically mediated functional outcome.” And para. 49: “To insure optimal neurogenesis mediated improvements in targeted brain function in the presence of a known desired outcome, the exertion level of the user, as measured by such parameters as heart and respiration rates may be monitored 203, 206 and the exertion required to play or the rate of activity occurring within in the virtual or augmented reality game may be reduced 211 to reduce user exertion when activity is determined too strenuous 210 on the other hand, the amount of exertion required to successfully play, or the rate of activity occurring in the virtual or augmented reality game may be increased 209 to cause exertion by the user to increase in cases where user effort is below optimal levels 208”).
Regarding claim 3, wherein the adjustment is determined based on regression analysis between the intensity level of the physical exercise and the stress level of the visual imagery (para. 49: “To insure optimal neurogenesis mediated improvements in targeted brain function in the presence of a known desired outcome, the exertion level of the user, as measured by such parameters as heart and respiration rates may be monitored 203, 206 and the exertion required to play or the rate of activity occurring within in the virtual or augmented reality game may be reduced 211 to reduce user exertion when activity is determined too strenuous 210 on the other hand, the amount of exertion required to successfully play, or the rate of activity occurring in the virtual or augmented reality game may be increased 209 to cause exertion by the user to increase in cases where user effort is below optimal levels 208”).
Regarding claim 4, further comprising: determining, based the adjustment, that the patient reached the maximum cardiac exertion (Fig. 2, step 206 “Is exercise intensity ideal?”); and determining, based on that the patient reached the maximum cardiac exertion, physiological data of the patient (Fig. 2 “A” leads back to block 203 “Measure exercise intensity”).
Regarding claim 8, wherein the one or more sensors are one or more ECG sensors (para. 8: “heart rate (EKG)”).
Claim(s) 18-19 and 23-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fung (US PGPub. 2018/0161626). Fung describes the same invention as claimed, including:
Regarding claim 18, A system comprising: a head mount visual display (VR/AR headset 400, or device 120 in Fig. 1) configured to output visual imagery to affect a psychological perception of a patient (via brain function tasks and game play); exercise equipment (para. 47: “While different embodiments may use different types of aerobic exercise equipment such as but not limited to elliptical 140, exercise bike (not shown), VR-specific, enhanced treadmill (see FIG. 7), rowing machine (not shown) and cross-country ski machine, just to name a few examples known to those skilled in the art, some type of aerobic exercise is part of the system.”) configured to affect a physical exercise performed the patient; one or more sensors configured to measure a cardiac exertion of the patient (para. 8: “a biometrics headset designed to monitor electrical brain activity (EEG), muscle activity (EMG), and heart rate (EKG),”); and a controller configured to: determine, based on the cardiac exertion of the patient, that the patient has not reached a maximum cardiac exertion (Fig. 2, step 206 “Is exercise intensity ideal?”); and adjust one or more of the visual imagery or the physical exercise, wherein the adjustment causes the patient to reach the maximum cardiac exertion (para. 48: “The system may thus make use of a heart-rate and respiration sensor band 145a to regulate a participant' s exercise intensity level to be within the range specified for the desired neurogenically mediated functional outcome.” And para. 49: “To insure optimal neurogenesis mediated improvements in targeted brain function in the presence of a known desired outcome, the exertion level of the user, as measured by such parameters as heart and respiration rates may be monitored 203, 206 and the exertion required to play or the rate of activity occurring within in the virtual or augmented reality game may be reduced 211 to reduce user exertion when activity is determined too strenuous 210 on the other hand, the amount of exertion required to successfully play, or the rate of activity occurring in the virtual or augmented reality game may be increased 209 to cause exertion by the user to increase in cases where user effort is below optimal levels 208”).
Regarding claim 19, wherein the controller is further configured to: determine, based on the adjustment, that the patient reached the maximum cardiac exertion (Fig. 2, step 206 “Is exercise intensity ideal?”); and determining, based on that the patient reached the maximum cardiac exertion, physiological data of the patient (Fig. 2 “A” leads back to block 203 “Measure exercise intensity”).
Regarding claim 23, wherein the controller that is configured to adjust the one or more of the visual imagery or the physical exercise is further configured to perform one or more of: increasing or decreasing an intensity level of the physical exercise; or increasing or decreasing a stress level of the visual imagery (para. 48: “The system may thus make use of a heart-rate and respiration sensor band 145a to regulate a participant' s exercise intensity level to be within the range specified for the desired neurogenically mediated functional outcome.” And para. 49: “To insure optimal neurogenesis mediated improvements in targeted brain function in the presence of a known desired outcome, the exertion level of the user, as measured by such parameters as heart and respiration rates may be monitored 203, 206 and the exertion required to play or the rate of activity occurring within in the virtual or augmented reality game may be reduced 211 to reduce user exertion when activity is determined too strenuous 210 on the other hand, the amount of exertion required to successfully play, or the rate of activity occurring in the virtual or augmented reality game may be increased 209 to cause exertion by the user to increase in cases where user effort is below optimal levels 208”).
Regarding claim 24, wherein the adjustment is determined based on regression analysis between the intensity level of the physical exercise and the stress level of the visual imagery (para. 49: “To insure optimal neurogenesis mediated improvements in targeted brain function in the presence of a known desired outcome, the exertion level of the user, as measured by such parameters as heart and respiration rates may be monitored 203, 206 and the exertion required to play or the rate of activity occurring within in the virtual or augmented reality game may be reduced 211 to reduce user exertion when activity is determined too strenuous 210 on the other hand, the amount of exertion required to successfully play, or the rate of activity occurring in the virtual or augmented reality game may be increased 209 to cause exertion by the user to increase in cases where user effort is below optimal levels 208”).
Regarding claim 25, wherein the one or more sensors are one or more ECG sensors (para. 8: “heart rate (EKG)”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892 for cited art of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUNDHARA M GANESAN whose telephone number is (571)272-3340. The examiner can normally be reached 9:30AM-5:30PM.
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/SUNDHARA M GANESAN/Primary Examiner, Art Unit 3784