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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/01/2026 was filed after the mailing date of the Non-Final Rejection on 03/18/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
1. Regarding the claim objection, Applicant has amended claim 13 to address the minor informality. Accordingly, the claim object is withdrawn.
2. Regarding the rejection under 35 U.S.C. 101, Applicant's arguments filed 06/01/2026 have been fully considered but they are not persuasive.
Applicant argues that the claims as amended recite features that cannot be performed in the human mind, thus making the claims subject matter eligible as not being directed to abstract ideas. The Examiner respectfully disagrees with these arguments. The claims still recite abstract ideas under Step 2A Prong 1. Specifically, a person can still present a target word, receiving input to initiate a recording, can make a determination regarding the EMG data, and can present feedback to the user about whether or not the EMG data corresponds to the target word. While additional language has been added regarding the EMG communication device which does not fall under the category of abstract idea under Step 2A Prong 1 (“a plurality of EMG electrodes”, “a pre-amplifier in proximity to the plurality of EMG electrodes”, and “an analog-to-digital converter configured to digitize the set of EMG signals”), these limitations amount to mere instructions to implement the judicial exception using a generic computer under Step 2A Prong 2 analysis, and thus do not integrate the judicial exception into a practical application.
Hence, Applicant’s arguments are not persuasive.
3. Regarding the rejections under 35 U.S.C. 102 and 103, Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 101
4. Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Regarding claims 1, 19, and 20, “A method”, “A system”, and “A non-transitory computer-readable storage medium” are recited, which are each directed to one of the four statutory categories of invention (process, machine, article of manufacture) (Step 1: YES). However, the claims limitations, under their broadest reasonable interpretation, recite mental processes which fall into the category of abstract idea (Step 2A Prong 1: YES).
The following limitations, under their broadest reasonable interpretation, recite mental processes:
presenting a target word for electromyograph (EMG) data collection…: a person presents a word to a user on a piece of paper
receiving input to initiate recording of EMG data: a person obtains an input (e.g. a user tells the person they are ready)
determining whether the set of EMG signals collected over the threshold period of time corresponds to the target word…: a person observes EMG signals being collected and makes a determination as to if the signal represents the target word
presenting feedback …based on whether the set of EMG signals collected over the threshold period of time corresponds to the target word, the feedback comprising simulateanous display of a current visual element and one or more previously generated visual elements, the current visual element having a visual attribute representing whether the set of EMG signals collected over the threshold period of time corresponds to the target word, and each of the one or more previously generated visual elements having a respective visual attribute representing whether a respective prior set of EMG signals collected during a respective prior recording session corresponded to a respective target word: a person presents feedback to the user based on the determination (e.g. a written note to the user with ‘yes’ or ‘no’ written down to indicate if it did or did not correspond to the target word, along with previous indications of ‘yes’ or ‘no’ for previous target words)
Claims 1, 19, and 20 does not contain any additional elements which integrate the judicial exception into a practical application (Step 2A Prong 2: NO). The additional limitations of: “a graphical user interface (GUI)” (claims 1, 19, 20), “an EMG communication device comprising a plurality of EMG electrodes, a pre-amplifier in proximity to the plurality of EMG electrodes, and an analog-to-digital converter configured to digitize a set of EMG signals” (claims 1, 19, and 20), “the set of EMG signals being captured by the plurality of EMG electrodes” (claims 1, 19, and 20), “A system comprising: at least one processor; and at least one memory component having instructions stored thereon that, when executed by the at least one processor, cause the at least one processor to perform operations comprising” (claim 19), and “A non-transitory computer-readable storage medium having stored thereon instructions that, when executed by at least one processor, cause the at least one processor to perform operations comprising” (claim 20) are recited at a high level of generality and amount to mere instructions to implement the judicial exception using a generic computer. Further, the limitation of “in response to receiving the input, collecting…a set of EMG signals generated based on an individual user of the EMG communication device over a threshold period of time” is insignificant extra solution activity as the act of receiving EMG signals falls under mere data gathering, which does not integrate the judicial exception into a practical application. Even when viewed in combination, the additional elements do not integrate the judicial exception into a practical application as they do not impose any meaningful limits on practicing the abstract idea. Therefore, the claim is directed to an abstract idea.
Claims 1, 19, and 20 do not amount to significantly more than the judicial exception (Step 2B: NO). As discussed above, the additional limitations amount to mere instructions to implement the judicial exception using a generic computer or insignificant extra solution activity. Even when viewed in combination, the additional elements do not amount to significantly more than the judicial exception as they do not provide an inventive concept. Furthermore, the receiving EMG signal step amounts to receiving data in a generic manner, which has been determined as being well-understood, routine, and conventional in the art (MPEP 2106.05(d)(II)). Therefore, claims 1, 19, and 20 are not patent eligible.
Regarding claims 2-18, “The method” is recited, which is directed to one of the four statutory categories of invention (process) (Step 1: YES). However, the claims limitations, under their broadest reasonable interpretation, recite further mental processes which fall into the category of abstract idea (Step 2A Prong 1: YES).
The following limitations, under their broadest reasonable interpretation, recite mental processes:
Claim 2:
wherein the current visual element is presented in front of the one or more previously generated visual elements: a person draws a visual element in front of previous visual elements using pen and paper
Claim 3:
wherein the target word is selected by a user from a list of target words presented in the GUI, the current visual element is overlapping at least in part a portion of the one or more previously generated visual elements: a person writes down a list of words on a piece of paper, and lets the user select a word, and also overlaps the visual elements on the piece of paper (e.g. overlapping circles with checkmark or x symbol inside)
Claim 4:
wherein the target word is selected randomly…from a list of target words: a person randomly picks a word from a written list
wherein the visual attribute of the current visual element comprises a first color and a checkmark when the set of EMG signals collected over the threshold period of time corresponds to the target word, and comprises a second color different from the first color and an ‘x’ symbol when the set of EMG signals collected over the threshold period of time fails to corresponds to the target word: a person writes down a checkmark or “x” for correct and incorrect responses from user
Claim 4 contains the additional limitation “by the EMG communication device”, which amounts to mere instructions to implement the judicial exception using a generic computer.
Claim 5:
wherein the feedback is presented during the threshold period of time or after the threshold period of time elapses, the current visual element and one or more previously generated visual elements comprising identical shapes: a person shows the user the feedback on a piece of paper after the collecting is finished and the user has made their determination; the person draws the feedback with identical shapes (e.g. uses circles)
Claim 6:
wherein the feedback comprises a graphical element having the visual attribute representing whether the set of EMG signals collected over the threshold period of time corresponds to the target word: a person writes down feedback as a visual attribute (e.g. draws a box and writes inside the box the results of the determination)
Claim 7:
wherein the graphical element is presented with a first visual attribute in response to determining that the set of EMG signals collected over the threshold period of time corresponds to the target word: a person writes down a first visual attribute if the target word corresponds to the signal (e.g. draws a first box and writes inside the box the result).
Claim 8:
wherein the graphical element is presented with a second visual attribute in response to determining that the set of EMG signals collected over a threshold period of time fails to correspond to the target word: a person writes down a second visual attribute if the target word does not correspond (e.g. draws a second box and writes inside the box the result)
Claim 9:
wherein the visual attribute comprises at least one of a predetermined animation of color: a person writes down the feedback in a particular color pen
Claim 10:
wherein the feedback comprises a score representing a number of times that different sets of EMG signals are determined to correspond to respective target words or fail to correspond to the respective target words: a person writes down a score to show how many successes and failures (e.g. writes down a percentage of success trials)
Claim 11:
receiving additional input to initiate additional recording of EMG data: a person gets a second input to initiate (e.g. user tells person they are ready)
determining, whether the additional set of EMG signals collected over the threshold period of time corresponds to an additional target word: a person observes EMG signals being collected and makes a determination as to if the signal represents the target word
presenting additional feedback…based on whether the additional set of EMG signals collected over the additional threshold period of time corresponds to the additional target word: a person presents further feedback to the user based on the determination (e.g. a written note to the user with ‘yes’ or ‘no’ written down to indicate if it did or did not correspond to the target word)
Claim 11 recites “the EMG communication device” and “the GUI”, which amount to mere instructions to implement the judicial exception using a generic computer. Claim 11 recites “in response to receiving the additional input, collecting, by the EMG communication device, an additional set of EMG signals generated based on the individual user of the EMG communication device over an additional threshold period of time”, which amounts to further insignificant extra solution activity in the form of mere data gathering.
Claim 12:
Claim 12 recites “wherein the input is received via the GUI and the collection of the set of EMG signals is initiated within 50 milliseconds of receiving the input”, which further details the insignificant extra solution activity (mere data gathering) introduced in claim 1.
Claim 13:
receiving an additional input to initiate additional recording of EMG data: a person gets a second input to initiate (e.g. user tells person they are ready)
determining, whether the additional set of EMG signals collected over the threshold period of time corresponds to an additional target word: a person observes EMG signals being collected and makes a determination as to if the signal represents the target word
presenting additional feedback…based on whether the additional set of EMG signals collected over the additional threshold period of time corresponds to the target word: a person presents further feedback to the user based on the determination (e.g. a written note to the user with ‘yes’ or ‘no’ written down to indicate if it did or did not correspond to the target word)
Claim 13 recites “the EMG communication device” and “the GUI”, which amount to mere instructions to implement the judicial exception using a generic computer. Claim 11 recites “in response to receiving the additional input, collecting, by the EMG communication device, an additional set of EMG signals generated based on the individual user of the EMG communication device over an additional threshold period of time”, which amounts to further insignificant extra solution activity in the form of mere data gathering.
Claim 14:
wherein the feedback represents historical recording sessions indicating how many times different sets of EMG signals were determined to correspond to the target word: a person writes down information about historical sessions (e.g. writes down on paper how many times a particular target word had a corresponding EMG signal collected)
Claim 15:
presenting, together with the current visual element and one or more previously generated visual elements, a value indicating how many EMG data recording sessions were performed: a person writes down a running count of how many sessions have been performed, and previous visual elements, and shows them both to user
Claim 16:
determining that the set of EMG signals correspond to the target word for a first time: a person notes down that a set of EMG signals correspond to the target word for the first time
Claim 16 further recites “presenting an animation”, which amounts to mere instructions to implement the judicial exception using a generic computer.
Claim 17:
determining that the set of EMG signals correspond to the target word for a threshold number of consecutive times: a person notes down that a set of EMG signals correspond to the target word for a consecutive number of times (e.g. if it corresponds three times in a row, make a note on the paper)
Claim 17 further recites “presenting an animation”, which amounts to mere instructions to implement the judicial exception using a generic computer.
Claim 18:
updating a collection of EMG training data using the set of EMG signals; …detect EMG signals produced by the individual user based on the updated collection of EMG training data; and …determine whether an additional set of EMG signals collected over an additional threshold period of time corresponds to the target word or corresponds to other target words: a person uses updated EMG signals data to further learn how to make the determinations, and then observes and make a further determination for an additional set of signals as to whether the signals correspond to the other target words.
Claim 18 recites “retraining a machine learning model…” and “using the retrained machine learning model to determine…”, which amounts to mere instructions to implement the judicial exception using a generic computer.
Claims 2-18 do not contain any additional elements which integrate the judicial exception into a practical application (Step 2A Prong 2: NO). As discussed above, the only additional limitations amount to mere instructions to implement the judicial exception using a generic computer and insignificant extra solution activity. Even when viewed in combination, the additional elements do not integrate the judicial exception into a practical application as they do not impose any meaningful limits on practicing the abstract idea. Therefore, the claim is directed to an abstract idea.
Claims 2-18 do not amount to significantly more than the judicial exception (Step 2B: NO). As discussed above, the additional limitations amount to mere instructions to implement the judicial exception using a generic computer or insignificant extra solution activity. Even when viewed in combination, the additional elements do not amount to significantly more than the judicial exception as they do not provide an inventive concept. Furthermore, the receiving EMG signal steps amount to receiving data in a generic manner, which has been determined as being well-understood, routine, and conventional in the art (MPEP 2106.05(d)(II)). Therefore, claims 2-18 are not patent eligible.
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.
5. Claims 1-2, 5-11, 13, 15, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cha et al. (NPL Deep-Learning-based real-time silent speech recognition using facial electromyogram recorded around eyes for hands-free interfacing in a virtual reality environment, hereinafter Cha) in view of Wang & Tashev (US 2023/0190175 A1, hereinafter Wang) and further in view of Wendt (US 2014/0342321 A1).
Regarding claim 1, Cha discloses A method comprising: presenting a target word for electromyograph (EMG) data collection on a graphical user interface (GUI) (Fig. 6, “Instruction” word presented on GUI for user to silent speak; Table 2 shows list of target words used); receiving input to initiate recording of EMG data (Fig. 6, “Trying to read a word silently right when the timer has been over”); in response to receiving the input, collecting, by an EMG communication device comprising a plurality of EMG electrodes (see Fig. 1 and section 3.1)…, the set of EMG signals generated based on a individual user of the EMG communication device over a threshold period of time (Fig. 6, see plot panel “EMG pattern silently spoken word” collected from ~t=22 to t=26; collected via EMG device (see Fig. 6, photo of participant); pg. 3, 1st para. “In this study, as aforementioned, we develop an fEMG-based SSR system with electrodes only around the eyes where VR headset is contacted to…”; pg. 4, section 4, 1st para. “All the signal analyses were conducted using MATLAB 2019a (MathWorks, Inc., Natick, MA, the USA) on a desktop PC (Windows 10, 64 GB-RAM, Intel Core i7 8700 CPU 3.20 GHZ).”); determining whether the set of EMG signals collected over the threshold period of time corresponds to the target word the set of EMG signals being captured by the plurality of EMG electrodes (Fig. 4 “Three neural network models based on bLSTM cells were used to classify the fEMG patterns for the silently spoken words…”; pg. 7, section 5 “In this study, the SSR performance was evaluated in terms of a six-class classification accuracy defined as the number of correct trails divided by the number of total trials…”; classification accuracy calculation determines if the predicted word matches the target word; target word collected via electrodes, see Fig. 6); and presenting feedback in the GUI based on whether the set of EMG signals collected over the threshold period of time corresponds to the target word (Fig. 6 “Recognition Results” shown: “Answer: Previous, Predict: Previous”, as well as classification accuracy “1”), the feedback comprising…display of a current visual element…the current visual element having a visual attribute representing whether the set of EMG signals collected over the threshold period of time corresponds to the target word (Fig. 6, “Classification Accuracy”).
Cha does not specifically disclose the EMG communication device comprises a pre-amplifier in proximity to the plurality of EMG electrodes, and an analog-to-digital converter configured to digitize a set of EMG signals.
Wang teaches a pre-amplifier in proximity to the plurality of EMG electrodes (Fig. 2; para. 0031 “In some implementations, the preamplifier 200, or other similar electronics, are included in the semi-dry electrode 100. The preamplifier 200 may be any type of conventional preamplifier used on an EEG electrode itself to amplify the detected electrical signal. For example, the preamplifier 200 may be a bio-signal preamplifier.”), and an analog-to-digital converter configured to digitize a set of EMG signals (para. 0031 “The output of the preamplifier 200 is transmitted through the lead 114 to other electronics such as an Analog-to-Digital Converter (ADC) or to another amplifier.”).
Cha and Wang are considered to be analogous to the claimed invention as
they both are in the same field of EMG collection. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cha to incorporate the teachings of Wang in order to have the EMG collection device comprise a pre-amplifier in proximity to the plurality of EMG electrodes and an analog-to-digital converter configured to digitize a set of EMG signals. Doing so would be beneficial, as the preamplifier would amplify detected electrical signals which might otherwise be too weak process directly, while the ADC converter would convert the EMG signals into a digital format which can be understood and processed by the computer.
Cha in view of Wang discloses determining whether a respective prior set of EMG signals collected during a respective prior recording session corresponded to a respective target word (multiple trials conducted, with accuracy of each trial tracked: pg. 7 section 5 “In this study, the SSR performance was evaluated in terms of a six-class classification accuracy defined as the number of correct trials divided by the number of total trials.”). However, Cha in view of Wang does not specifically disclose [the feedback comprising ] simultaneous display of [a current visual element and] one or more previously generated visual elements, [the current visual element having a visual attribute representing whether the set of EMG signals collected over the threshold period of time corresponds to the target word], and each of the one or more previously generated visual elements having a respective visual attribute representing [whether a respective prior set of EMG signals collected during a respective prior recording session corresponded to a respective target word].
Wendt teaches feedback comprising simultaneous display of a current visual element and one or more previously generated visual elements, the current visual element having a visual attribute representing a correct/incorrect answer (para. 0147 “Progress indicator 750 is a graphical representation of the learner's progress through the training sequence. Happy-face icons 755 indicate questions answered correctly, i.e., stimuli 720 for which the learner selected the ones of the icons 730 corresponding to the stimulus 720.”; para. 0147 “Filled icons 760 indicate questions not answered correctly by the learner, i.e., stimuli 720 for which the learner did not select the ones of the icons 730 corresponding to the stimulus 720 on the first opportunity.”; icon for a current answered question: para. 0147 “When the learner answers a question correctly, the corresponding icon in progress indicator 750 can appear, optionally with animation.”;), and each of the one or more previously generated visual elements having a respective visual attribute representing a correct/incorrect answer (icons displayed for current and prior questions (see Fig. 7, showing for example previous correct answers 755 and previous incorrect answers 760); para. 0147 “Progress indicator 750 is a graphical representation of the learner's progress through the training sequence. Happy-face icons 755 indicate questions answered correctly, i.e., stimuli 720 for which the learner selected the ones of the icons 730 corresponding to the stimulus 720.”; para. 0147 “Filled icons 760 indicate questions not answered correctly by the learner, i.e., stimuli 720 for which the learner did not select the ones of the icons 730 corresponding to the stimulus 720 on the first opportunity.”).
Cha, Wang, and Wendt are considered to be analogous to the claimed invention as Cha and Wang are in the same field of EMG collection, and Wendt is in the same field of GUIs. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cha in view of Wang to incorporate the teachings of Wendt in order to specifically have simultaneous display of a current visual element and one or more previously generated visual elements, the current and previously generated visual elements having respective visual attributes to represent whether the respective sets of EMG signals collected during respective recording session corresponded to a respective target word. Doing so would be beneficial, as the taught display would allow the user to visualize their progress, and provide stimuli which would encourage the user to get correct recordings (Wendt, para. 0147).
Regarding claim 2, Cha in view of Wang and Wendt discloses wherein the current visual element is presented in front of the one or more previously generated visual elements (Wendt, para. 0152 “At the end of each trial, e.g., after every nine stimuli, the trial-progress screen display 1200 can be shown. A picture of the learner or other decorative graphic can be displayed on screen 1200. Icon 1210 indicates that one trial is complete; icons 1220, 1230 indicate that there are two more trials to go. When all trials are complete, a large icon (not shown), e.g., an animated star happy face with the caption "YEAH, you did it!", can be superimposed over the icons 1210, 1220, 1230.”).
Cha, Wang, and Wendt are considered to be analogous to the claimed invention as Cha and Wang are in the same field of EMG collection, and Wendt is in the same field of GUIs. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cha in view of Wang to incorporate the teachings of Wendt in order to specifically have the current visual element be presented in front of the previously generated visual elements. Doing so would have been beneficial, given the same rationale as claim 1.
Regarding claim 5, Cha in view of Wang and Wendt discloses wherein the feedback is presented during the threshold period of time or after the threshold period of time elapses (Cha, Fig. 6, feedback “Recognition Results” shown after EMG signal has been collected; pg. 9, 1st para. “Moreover, the classification results as well as the cumulative accuracy are presented in the panels titled “Recognition Results” and “Classification Accuracy”, respectively, both are which are presented in the bottom-left corner of the GUI program.”), the current visual element and one or more previously generated visual elements comprising identical shapes (Wendt, current and previous visual elements (see Fig. 7, 750) have identical shapes (each is a star symbol)).
Cha, Wang, and Wendt are considered to be analogous to the claimed invention as Cha and Wang are in the same field of EMG collection, and Wendt is in the same field of GUIs. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cha in view of Wang to incorporate the teachings of Wendt in order to specifically have the current and previously generated visual elements be identical shapes. Doing so would be beneficial, given the same rationale as claim 1.
Regarding claim 6, Cha in view of Wang and Wendt discloses wherein the feedback comprises a graphical element having the visual attribute representing whether the set of EMG signals collected over the threshold period of time corresponds to the target word (Cha, Fig. 6, “Recognition Results” box displays an answer and a predicted result which together indicate whether or not the collected EMG signal corresponds to the target word).
Regarding claim 7, Cha in view of Wang and Wendt discloses wherein the graphical element is presented with a first visual attribute in response to determining that the set of EMG signals collected over the threshold period of time corresponds to the target word (Cha, first visual attribute: Fig. 6, “Recognition Results”, where “Answer” and “Predict” are same word).
Regarding claim 8, Cha in view of Wang and Wendt discloses wherein the graphical element is presented with a second visual attribute in response to determining that the set of EMG signals collected over the threshold period of time fails to correspond to the target word (Cha, second visual attribute: Fig. 6, “Recognition Results”, where “Answer” and “Predict” are not same word).
Regarding claim 9, Cha in view of Wang and Wendt discloses wherein the visual attribute comprises at least one of a predetermined animation or color (Wendt, para. 0147 “Processor 1586 can also cause sounds to be played together with a motion of icon 770. When the learner answers a question correctly, the corresponding icon in progress indicator 750 can appear, optionally with animation.”).
Cha, Wang, and Wendt are considered to be analogous to the claimed invention as Cha and Wang are in the same field of EMG collection, and Wendt is in the same field of GUIs. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cha in view of Wang to incorporate the teachings of Wendt in order to specifically have the visual element be associated with a predetermined animation or color. Doing so would be beneficial, given the same rationale as claim 1.
Regarding claim 10, Cha in view of Wang and Wendt discloses wherein the feedback comprises a score representing a number of times that different sets of EMG signals are determined to correspond to respective words or fail to correspond to the respective target words (Fig. 6, “Classification Accuracy”; pg. 9, 1st para. “Moreover,…the cumulative accuracy are presented in the panels titled…”Classification Accuracy”, respectively…”; a cumulative accuracy is a score reflects how many classifications were correct vs. incorrect).
Regarding claim 11, Cha in view of Wang and Wendt discloses receiving additional input to initiate additional recording of EMG data (Cha discloses repetition of silent speech classification for 60 trials (pg. 9, 1st para. “A demonstration video of the online SSR can be found at…where a user was silent speaking randomly provided words 60 times. The online classification accuracy was 96.67% for a total of 60 trails, in the video clip.”), and thus discloses receiving additional input to initiate additional recording (Fig. 6, using an additional timer for an additional word), see also claim mapping for claim 1); in response to receiving the additional input, collecting, by the EMG communication device, an additional set of EMG signals generated based on the individual user of the EMG communication device over an additional threshold period of time (Cha discloses repetition of silent speech classification for 60 trials (pg. 9, 1st para. “Figure 6 shows a snapshot of an online experiment captured when the first silently spoken word was being classified… A demonstration video of the online SSR can be found at…where a user was silent speaking randomly provided words 60 times. The online classification accuracy was 96.67% for a total of 60 trails, in the video clip.”), and thus discloses collecting additional set of EMG signals over an additional threshold period of time), see also claim mapping for claim 1); determining whether the additional set of EMG signals collected over the threshold period of time corresponds to an additional target word (Cha discloses repetition of silent speech classification for 60 trials (pg. 9, 1st para. “A demonstration video of the online SSR can be found at…where a user was silent speaking randomly provided words 60 times. The online classification accuracy was 96.67% for a total of 60 trails, in the video clip.”), and thus discloses determining whether the additional set corresponds to the additional target word, see also claim mapping for claim 1); presenting additional feedback in the GUI based on whether the additional set of EMG signals collected over the additional threshold period of time corresponds to the additional target word (Cha discloses repetition of silent speech classification for 60 trials (pg. 9, 1st para. “A demonstration video of the online SSR can be found at…where a user was silent speaking randomly provided words 60 times. The online classification accuracy was 96.67% for a total of 60 trails, in the video clip.”), and thus discloses presenting the additional feedback on the GUI, see also claim mapping for claim 1).
Regarding claim 13, Cha in view of Wang and Wendt discloses receiving an additional input to initiate additional recording of EMG data (Cha discloses repetition of silent speech classification for 60 trials (pg. 9, 1st para. “A demonstration video of the online SSR can be found at…where a user was silent speaking randomly provided words 60 times. The online classification accuracy was 96.67% for a total of 60 trails, in the video clip.”), and thus discloses receiving additional input to initiate additional recording (Fig. 6, using an additional timer for an additional word), see also claim mapping for claim 1); in response to receiving the additional input, collecting, by the EMG communication device, an additional set of EMG signals generated based on the individual user of the EMG communication device over an additional threshold period of time (Cha discloses repetition of silent speech classification for 60 trials (pg. 9, 1st para. “Figure 6 shows a snapshot of an online experiment captured when the first silently spoken word was being classified… A demonstration video of the online SSR can be found at…where a user was silent speaking randomly provided words 60 times. The online classification accuracy was 96.67% for a total of 60 trails, in the video clip.”), and thus discloses collecting additional set of EMG signals over an additional threshold period of time), see also claim mapping for claim 1); determining whether the additional set of EMG signals collected over the threshold period of time corresponds to the target word (Cha discloses repetition of silent speech classification for 60 trials (pg. 9, 1st para. “A demonstration video of the online SSR can be found at…where a user was silent speaking randomly provided words 60 times. The online classification accuracy was 96.67% for a total of 60 trails, in the video clip.”), and thus discloses determining whether the additional set corresponds to the target word, see also claim mapping for claim 1); presenting additional feedback in the GUI based on whether the additional set of EMG signals collected over the additional threshold period of time corresponds to the target word (Cha discloses repetition of silent speech classification for 60 trials (pg. 9, 1st para. “A demonstration video of the online SSR can be found at…where a user was silent speaking randomly provided words 60 times. The online classification accuracy was 96.67% for a total of 60 trails, in the video clip.”), and thus discloses presenting the additional feedback on the GUI, see also claim mapping for claim 1).
Regarding claim 15, Cha in view of Wang and Wendt discloses presenting, together with the current visual elements and one or more previously generated visual elements (Wendt, see Fig. 7, 750, star symbols) a value indicating how many EMG data recording sessions were performed (Cha, see Fig. 6, “Experiment Sessions”, presents value “#10” indicating 10 sessions were performed).
Cha, Wang, and Wendt are considered to be analogous to the claimed invention as Cha and Wang are in the same field of EMG collection, and Wendt is in the same field of GUIs. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cha in view of Wang to incorporate the teachings of Wendt in order to specifically show together with the value, the current and previously generated visual elements. Doing so would be beneficial, given the same rationale as claim 1.
Regarding claim 19, claim 19 is a system claim with limitations similar to those recited in method claim 1, and is thus rejected under similar rationale.
Additionally, Cha discloses A system comprising: at least one processor; and at least one memory component having instructions stored thereon that, when executed by the at least one processor, cause the at least one processor to perform operations comprising (Cha discloses that the EMG speech classification method is performed using a computer: pg. 4, section 4, 1st para. “All the signal analyses were conducted using MATLAB 2019a (MathWorks, Inc., Natick, MA, the USA) on a desktop PC (Windows 10, 64 GB-RAM, Intel Core i7 8700 CPU 3.20 GHZ).”, which inherently reads on a system comprising a processor and a memory).
Regarding claim 20, claim 20 is a non-transitory computer-readable storage medium claim with limitations similar to those recited in method claim 1, and is thus rejected under similar rationale.
Additionally, Cha discloses A non-transitory computer-readable storage medium having stored thereon instructions that, when executed by at least one processor, cause the at least one processor to perform operations comprising (Cha discloses that the EMG speech classification method is performed using a computer: pg. 4, section 4, 1st para. “All the signal analyses were conducted using MATLAB 2019a (MathWorks, Inc., Natick, MA, the USA) on a desktop PC (Windows 10, 64 GB-RAM, Intel Core i7 8700 CPU 3.20 GHZ).”, which inherently reads on a storage medium and the processor).
6. Claims 3, 14, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Cha in view of Wang and Wendt, and further in view of Johnson (WO 2025/128961 A1).
Regarding claim 3, Cha in view of Wang and Wendt discloses the current visual element overlapping at least in part a portion of the one or more previously generated visual elements (Wendt, para. 0152 “At the end of each trial, e.g., after every nine stimuli, the trial-progress screen display 1200 can be shown. A picture of the learner or other decorative graphic can be displayed on screen 1200. Icon 1210 indicates that one trial is complete; icons 1220, 1230 indicate that there are two more trials to go. When all trials are complete, a large icon (not shown), e.g., an animated star happy face with the caption "YEAH, you did it!", can be superimposed over the icons 1210, 1220, 1230.”).
Cha, Wang, and Wendt are considered to be analogous to the claimed invention as Cha and Wang are in the same field of EMG collection, and Wendt is in the same field of GUIs. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cha in view of Wang to incorporate the teachings of Wendt in order to specifically have the current visual element be overlapping at least in part a portion of the one or more previously generated visual elements. Doing so would have been beneficial, given the same rationale as claim 1.
Cha in view of Wang and Wendt does not specifically disclose wherein the target word is selected by a user from a list of target words presented in the GUI.
Johnson teaches wherein the target word is selected by a user from a list of target words presented in the GUI (Fig. 8 “The following Challenge Words are in this session. Select each one in turn to learn and practice them before you start reading…”; upon selection, user repeats a particular challenge word (i.e. 716(1) in Fig. 9A)).
Cha, Wang, Wendt, and Johnson are considered to be analogous to the claimed invention as Cha and Wang are in the same field of EMG collection, Wendt is in the same field of GUIs, and Johnson is in the same field of speech processing. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cha in view of Wang and Wendt to incorporate the teachings of Johnson in order to specifically have the target word be selected by a user from a list of target words presented in the GUI. Doing so would be beneficial, as this would provide motivation to the user to interactively learn the most difficult words (para. 0110).
Regarding claim 14, Cha in view of Wang and Wendt discloses analyzing different sets of EMG signals [that] were determined to correspond to the target word (Cha, Fig. 4 “Three neural network models based on bLSTM cells were used to classify the fEMG patterns for the silently spoken words…”; pg. 7, section 5 “In this study, the SSR performance was evaluated in terms of a six-class classification accuracy defined as the number of correct trails divided by the number of total trials…”; classification accuracy calculation determines if the predicted word matches the target word) and providing feedback (Fig. 6 “Recognition Results” shown: “Answer: Previous, Predict: Previous”, as well as classification accuracy “1”). However, Cha in view of Wang and Wendt does not specifically disclose wherein the feedback represents historical recording sessions indicating how many times different sets [of EMG signals] were determined to correspond to the target word.
Johnson teaches wherein the feedback represents historical recording sessions indicating how many times user speech were determined to correspond to the target word (para. 0071 “Encountered 412 also includes a list of whole words 452 (e.g., the word as written in book 252) such as “bicycling”, “pedestal”, “reading”, etc. For each whole word 452, tracker 334 stores at least three counters: : a correct use count 454 indicative of a number of times user 120 has correctly read the whole word…”).
Cha, Wang, Wendt, and Johnson are considered to be analogous to the claimed invention as Cha and Wang are in the same field of EMG collection, Wendt is in the same field of GUIs, and Johnson is in the same field of speech processing. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cha in view of Wang and Wendt to incorporate the teachings of Johnson in order to specifically have the feedback represent historical recording sessions indicating how many times different sets of EMG signals were determined to correspond to the target word. Doing so would be beneficial, as this would provide information regarding user proficiency for the target word, and would indicate words that the user should focus on if incorrectly spoken a certain amount of times (para. 0040).
Regarding claim 16, Cha in view of Wang and Wendt discloses determining that the set of EMG signals correspond to the target word for a first time (Cha, Fig. 4 “Three neural network models based on bLSTM cells were used to classify the fEMG patterns for the silently spoken words…”; pg. 7, section 5 “In this study, the SSR performance was evaluated in terms of a six-class classification accuracy defined as the number of correct trails divided by the number of total trials…”; classification accuracy calculation determines if the predicted word matches the target word).
Cha in view of Wendt does not specifically disclose presenting an animation in response to [determining that the set of EMG signals correspond to the target word for a first time].
Johnson teaches presenting an animation in response to a determination that a user speech corresponds to a target word for a first time (para. 0124 “Advantageously, the visual cue informs user 120 of the challenge word such that the user tried harder to pronounce it correctly. In certain embodiments, when the user reads the word correctly they receive a visual and or digital reward. For example, reader application 125 may control 110 to cause the word to sparkle off the page when the user reads the word correctly a certain number of times (e.g., ten)…”).
Cha, Wang, Wendt, and Johnson are considered to be analogous to the claimed invention as Cha and Wang are in the same field of EMG collection, Wendt is in the same field of GUIs, and Johnson is in the same field of speech processing. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cha in view of Wendt to incorporate the teachings of Johnson in order to specifically present an animation in response to the determination that the set of EMG signals correspond to the target word for a first time. Doing so would further motivate the user via a dopamine hit (para. 0124), providing encouragement for user to continue with the EMG speech signal data collection.
Regarding claim 17, Cha in view of Wang and Wendt discloses determining that the set of EMG signals correspond to the target word…(Cha, Fig. 4 “Three neural network models based on bLSTM cells were used to classify the fEMG patterns for the silently spoken words…”; pg. 7, section 5 “In this study, the SSR performance was evaluated in terms of a six-class classification accuracy defined as the number of correct trails divided by the number of total trials…”; classification accuracy calculation determines if the predicted word matches the target word; ).
Cha in view of Wang and Wendt does not specifically disclose presenting an animation in response to [determining that the set of EMG signals correspond to a target word] for a threshold number of consecutive times.
Johnson teaches presenting an animation in response to determining that a user’s speech corresponds to a target word for a threshold number of consecutive times (para. 0124 “Advantageously, the visual cue informs user 120 of the challenge word such that the user tried harder to pronounce it correctly. In certain embodiments, when the user reads the word correctly they receive a visual and or digital reward. For example, reader application 125 may control 110 to cause the word to sparkle off the page when the user reads the word correctly a certain number of times (e.g., ten)…”).
Cha, Wang, Wendt, and Johnson are considered to be analogous to the claimed invention as Cha and Wang are in the same field of EMG collection, Wendt is in the same field of GUIs, and Johnson is in the same field of speech processing. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cha in view of Wang and Wendt to incorporate the teachings of Johnson in order to specifically present an animation in response to the determination that the set of EMG signals correspond to the target word for a threshold number of consecutive times. Doing so would further motivate the user via a dopamine hit (para. 0124), providing encouragement for user to continue with the EMG speech signal data collection.
7. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Cha in view of Wang and Wendt, and further in view of Hays et al. (US 2024/0005810 A1, hereinafter Hays).
Regarding claim 4, Cha in view of Wang and Wendt discloses wherein the target word is selected randomly by the EMG communication device from a list of target words, (Cha, pg. 9, 1st para. “Figure 6 shows a snapshot of an online experiment captured when the first silently spoken word was being classified…A demonstration video of the online SSR can be found…where a user was silently speaking randomly provided words 60 times…”) wherein the visual attribute of the current visual element comprises…when the set of EMG signals collected over the threshold period of time corresponds to the target word (Cha teaches determination of whether signals collected correspond to target words; Wendt teaches the visual attribute of the current visual element when a ‘correct’ answer is given, see above claim mapping for claim 1) and comprises…when the set of EMG signals collected over the threshold period of time fails to correspond to the target word (Cha teaches determination of whether signals collected correspond to target words; Wendt teaches the visual attribute of the current visual element when a ‘incorrect’ answer is given, see above claim mapping for claim 1).
Cha in view of Wang and Wendt does not specifically disclose [wherein the visual attribute of the current visual element] comprises a first color and a checkmark [when the set of EMG signals collected over the threshold period of time corresponds to the target word, and] comprises a second color different from the first color and an “x” symbol [when the set of EMG signals collected over the threshold period of time fails to correspond to the target word].
Hays teaches a visual element which comprises a first color and a checkmark when a correct answer is given (para. 0051 “In the fourth display 340, a sure and correct answer 342 is denoted with a large check mark, which may be green in embodiments.”) and a visual element which comprises a second color different from the first color and an “x” symbol when an incorrect answer is given (para. 0051 “In the third display 330, a sure and incorrect answer 332 is denoted with a large “X,” which may be red in embodiments.”).
Cha, Wang, Wendt, and Hays are considered to be analogous to the claimed invention as Cha and Wang are in the same field of EMG collection, and Wendt and Hays are in the same field of GUIs. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cha in view of Wang and Wendt to incorporate the teachings of Hays in order to specifically have a visual element comprise a first color and a checkmark for when the set of EMG signals corresponds to the target word, and to have a visual element comprise a second color different from the first color and an “x” symbol when the set of EMG signals does not correspond to the target word . Doing so would be beneficial, as this would provide a clear and well-known way of communicating to the user correct and incorrect responses.
8. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Cha in view of Wang and Wendt, and further in view of Solnik et al. (NPL Teager-Kaiser energy operator signal conditioning improves EMG onset detection, hereinafter Solnik).
Regarding claim 12, Cha in view of Wang and Wendt discloses wherein the input is received via the GUI (Cha, Fig. 6, ‘GUI Control’, “Trying to read a word silently right when the timer has been over”), but does not specifically disclose wherein the collection of the set of EMG signals is initiated within 50 milliseconds of receiving the input.
Solnik teaches wherein the collection of the set of EMG signals is initiated within 50 milliseconds of receiving the input (pg. 2, section “EMG data processing”, 1st para. “Signals were analog filtered at 10-500 Hz (with first order filter at lower cutoff frequency and sixth order filter at higher cutoff frequency), amplified 2000x and sampled at 1kHz using a TeleMyo 900 telemetric hardware system…”; pg. 4, section “Threshold-based method”, 2nd para. “The estimated onset time t1 was identified as the first point when the smoothed signal exceeded the threshold T for more than 25 consecutive samples…”; onset time is used to determine when an EMG signal of interest has started; onset time is ~25ms after threshold is met (for an EMG signal at 1KHz, 25 samples corresponds to 25ms, which is within 50ms)).
Cha, Wang, Wendt, and Solnik are considered to be analogous to the claimed invention as Cha, Wang, and Solnik are in the same field of EMG signal collection, and Wendt is in the same field of GUIs. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cha in view of Wang and Wendt to incorporate the teachings of Solnik in order to have the collection of the set of EMG signals be initiated within 50 milliseconds of receiving the input. Using the taught method would improve the accuracy of EMG onset detection (pg. 9, 4th para.; Abstract).
9. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Cha in view of Wang and Wendt, and further in view of Benster et al. (US 12,198,698 B1, hereinafter Benster).
Regarding claim 18, Cha in view of Wang and Wendt discloses initial training of a machine learning model for EMG speech detection (Cha, see Fig. 2, section (c) “Training & Classification” and section 4.2; neural networks shown in Fig. 4) and using the trained machine learning model to determine whether an additional set of EMG signals collected over an additional threshold period of time corresponds to the target word or corresponds to other target words (Fig. 4 “Three neural network models based on bLSTM cells were used to classify the fEMG patterns for the silently spoken words…”; pg. 7, section 5 “In this study, the SSR performance was evaluated in terms of a six-class classification accuracy defined as the number of correct trails divided by the number of total trials…”; classification accuracy calculation determines if the predicted word matches the target word). However, Cha in view of Wang and Wendt does not specifically disclose updating a collection of EMG training data using the set of EMG signals; retraining a machine learning model to detect EMG signals produced by the individual user based on the updated collection of EMG training data; and using the retrained machine learning model [to determine whether an additional set of EMG signals collected over an additional threshold period of time corresponds to the target word or corresponds to other target words].
Benster teaches updating a collection of EMG training data using the set of EMG signals (Col. 61, Lines 64-65: “In some cases, the system may comprise at least recording additional silent speech data 1660…”; Col. 61 Lines 58-61 “In some cases, the speech articulator data may further comprise sEMG data, accelerometer data, additional imaging data, or a combination thereof.”); retraining a machine learning model to detect EMG signals produced by the individual user based on the updated collection of EMG training data (Col. 61 Lines 65-67 “In some cases, the system may comprise at least recording additional silent speech data 1660 to retrain or finetune the one or more machine learning models 1670 of the system…”); and using the retrained machine learning model (Col. 69, Lines 20-32 “In some cases, any method or system as described herein wherein the silent speech interface may be configured to integrate with a voice assistant. In some cases, the voice assistant may be configured as an AI powered voice assistant. In some cases, a method for silent speech may comprise interacting with conversational AI, wherein a user's recent dialogue context and an ambient sound captured by the microphone (including speech from others) influences the AI's responses. In some cases, a machine learning model for silent speech may comprise an AI engine, where the AI engine is configured to analyze recent dialogue context and an ambient sound captured by the microphone (including speech from others) to generate responses.”).
Cha, Wang, Wendt, and Benster are considered to be analogous to the claimed invention as Cha and Benster both are in the same field of speech processing, Wang is in the same field of EMG collection, and Wendt is in the same field of GUIs. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cha in view of Wang and Wendt to incorporate the teachings of Benster in order to update a collection of EMG training data using the set of EMG signals, retraining a machine learning model to detect EMG signals produced by the individual user based on the updated collection of EMG training data, and using the retrained model. Doing so would be beneficial, as this would improve model performance if the system is performing poorly with the initial model (Col. 62, Lines 58-62).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Peterson et al. (US 9,633,570 B2): incorporated of animated widgets for correct or incorrect answers from user (Fig. 5)
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/CODY DOUGLAS HUTCHESON/Examiner, Art Unit 2659
/BHAVESH M MEHTA/Supervisory Patent Examiner, Art Unit 2656
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