DETAILED ACTION
Notice of Pre-AIA or AIA Status
In the present application, filed on or after March 16, 2013, claims 1-10 have been considered and examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 02/14/2024 and 03/31/2025 are in compliance with the provision of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by Examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: an electric stimulus generation unit configured to supply current in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 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 1-3 and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Miyashita et al. (Miyashita – JP 2021045399 A) in view of Abe et al. (Abe – US 2016/0285465 A1). The rejections in this instant application are based on the English translation of JP 2021045399 A publication by computer.
As to claim 1, Miyashita discloses a taste presentation device, comprising:
a first electrode ( Miyashita: FIG. 1 the second electrode 6) and a second electrode (Miyashita: FIG. 1 the first electrode 4), configured to allow an electric circuit to be formed between a food or drink to be taken by a user (Miyashita: [0039], [0041], [0048]-[0051], FIG. 1 the second electrode 6, and FIG. 5: The second electrode 6 applies the output voltage from the power supply device 3 to the subject when it comes into contact with the subject's hand wearing the glove 2. 438 The second electrode 6 is electrically insulated from the first electrode 4, and can be placed anywhere on the inner surface of the glove 2 if it can come into contact with the left hand of the examinee when the examinee puts on the glove 2) and a body of the user (Miyashita: [0034]-[0035], [0037], [0048]-[0055], FIG. 1 the first electrode 4, and FIG. 5: The subject P completes electrode placement using the electric taste presentation device 1 by holding the cup 10 so that the first electrode 4 on the tip side of the second finger comes into contact with the conductive material in the cup 10…The first electrode 4 is in contact with the conductive material of the cup 10, as shown by the solid line, and the cup 10 and the beverage 11 are electrically connected to each other.); and
an electric stimulus generation unit (Miyashita: FIG. 1 the power supply 3) configured to supply a current for generating an electric stimulation between the first electrode and the second electrode (Miyashita: [0043]-[0045], [0048]-[0055], FIG. 1, and FIG. 5-6: Since the human body is an electrical conductor, the left hand H and the tongue T are electrically connected to each other via the body part B. In the case of this embodiment, the body part B consists of the human body part that extends from the tongue T through the throat, upper body, and left upper limb to the fifth finger f5. In this way, an electric circuit is formed between the first electrode 4 and the second electrode 6, so that a current flows from the second electrode 6 toward the first electrode 4).
Miyashita does not explicitly disclose wherein the electric stimulus generation unit comprises a noise reduction unit configured to reduce a noise component in the current.
However, it has been known in the art of circuitry design to implement wherein the electric stimulus generation unit comprises a noise reduction unit configured to reduce a noise component in the current, as suggested by Abe, which dsicsleos wherein the electric stimulus generation unit comprises a noise reduction unit configured to reduce a noise component in the current (Abe: Abstract, [0031]-[0033], [0049]-[0051], and FIG. 1-2: The oscillator includes a reference signal source circuit that has a reference signal source outputting a reference signal and converts the output reference signal into a control voltage, a filter that includes a variable resistance and a capacitance and removes noise in the control voltage, a transistor that converts the control voltage which has passed through the filter into a control current and outputs the control current, a core circuit that is driven by the control current and generates an output signal, and an output terminal that outputs the generated output signal).
Therefore, in view of teachings by Miyashita and Abe, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the taste presentation circuit of Miyashita to include wherein the electric stimulus generation unit comprises a noise reduction unit configured to reduce a noise component in the current, as suggested by Abe. The motivation for this is to remove noises in a voltage/current source as a known implementation circuitry design.
As to claim 2, Miyashita and Abe discloses the limitations of claim 1 further comprising the device of claim 1, wherein, after starting to supply the current, the electric stimulus generation unit is configured to change a current direction such that a polarity of the first electrode and the second electrode is reversed (Miyashita: [0043]-[0045], [0048]-[0055], FIG. 1, and FIG. 5-6: The polarity of the voltage in the power supply device 3 is preset to the polarity of cathode presentation or the polarity of anode presentation, depending on the necessity of electric taste presentation. The polarity of cathode presentation is the polarity that applies a negative voltage to the beverage 11 from the first electrode 4, and a negative voltage is output to the first terminal 3A and a positive voltage is output to the second terminal 3B. In this case, the first electrode 4 becomes a cathode and the second electrode 6 (not shown) becomes an anode. The polarity of anode presentation is the polarity that applies a positive voltage from the first electrode 4 to the beverage 11, and a positive voltage is output to the first terminal 3A and a negative voltage is output to the second terminal 3B. In this case, the first electrode 4 becomes an anode and the second electrode 6 (not shown) becomes a cathode).
As to claim 3, Miyashita and Abe discloses the limitations of claim 2 further comprising the device of claim 2, wherein the electric stimulus generation unit is configured to start supply the current in a state of a cathodal stimulation in which the second electrode serves as a cathode, and thereafter to change the current direction so as to switch to a state of an anodal stimulation in which the second electrode serves as an anode (Miyashita: [0043]-[0045], [0048]-[0055], FIG. 1, and FIG. 5-6: Since the human body is an electrical conductor, the left hand H and the tongue T are electrically connected to each other via the body part B. In the case of this embodiment, the body part B consists of the human body part that extends from the tongue T through the throat, upper body, and left upper limb to the fifth finger f5. In this way, an electric circuit is formed between the first electrode 4 and the second electrode 6, so that a current flows from the second electrode 6 toward the first electrode 4).
As to claim 7, Miyashita and Abe discloses the limitations of claim 1 further comprising the device of claim 1, wherein the first electrode is in contact with the body of the user (Miyashita: [0039], [0041], [0048]-[0051], FIG. 1, and FIG. 5: The second electrode 6 applies the output voltage from the power supply device 3 to the subject when it comes into contact with the subject's hand wearing the glove 2. 438 The second electrode 6 is electrically insulated from the first electrode 4, and can be placed anywhere on the inner surface of the glove 2 if it can come into contact with the left hand of the examinee when the examinee puts on the glove 2), and the second electrode is in contact with the food or drink (Miyashita: [0034]-[0035], [0037], [0048]-[0055], FIG. 1, and FIG. 5: The subject P completes electrode placement using the electric taste presentation device 1 by holding the cup 10 so that the first electrode 4 on the tip side of the second finger comes into contact with the conductive material in the cup 10…The first electrode 4 is in contact with the conductive material of the cup 10, as shown by the solid line, and the cup 10 and the beverage 11 are electrically connected to each other.).
As to claim 8, Miyashita and Abe discloses the limitations of claim 1 further comprising the device of claim 1, wherein the noise reduction unit is configured to reduce a noise component originating from a power source (Abe: Abstract, [0031]-[0033], [0049]-[0051], and FIG. 1-2: The oscillator includes a reference signal source circuit that has a reference signal source outputting a reference signal and converts the output reference signal into a control voltage, a filter that includes a variable resistance and a capacitance and removes noise in the control voltage, a transistor that converts the control voltage which has passed through the filter into a control current and outputs the control current, a core circuit that is driven by the control current and generates an output signal, and an output terminal that outputs the generated output signal).
As to claim 9, Miyashita and Abe disclose the limitations of claim 1 further comprising the device of claim 1, wherein the electric stimulus generation unit comprises a booster circuit (Miyashita: [0043]-[0045], [0048]-[0055], FIG. 1, and FIG. 5-6), and
wherein the noise reduction unit is configured to reduce a noise component corresponding to an internal oscillation frequency (Abe: Abstract, [0031]-[0033], [0049]-[0051], and FIG. 1-2: The oscillator includes a reference signal source circuit that has a reference signal source outputting a reference signal and converts the output reference signal into a control voltage, a filter that includes a variable resistance and a capacitance and removes noise in the control voltage, a transistor that converts the control voltage which has passed through the filter into a control current and outputs the control current, a core circuit that is driven by the control current and generates an output signal, and an output terminal that outputs the generated output signal) in the booster circuit (Miyashita: [0039], [0041], [0048]-[0051], FIG. 1 the second electrode 6, and FIG. 5: The second electrode 6 applies the output voltage from the power supply device 3 to the subject when it comes into contact with the subject's hand wearing the glove 2. 438 The second electrode 6 is electrically insulated from the first electrode 4, and can be placed anywhere on the inner surface of the glove 2 if it can come into contact with the left hand of the examinee when the examinee puts on the glove 2 and Abe: Abstract, [0031]-[0033], [0049]-[0051], and FIG. 1-2).
As to claim 10, Miyashita discloses a taste presentation method, comprising:
supplying a current for generating an electric stimulation between a first electrode and a second electrode (Miyashita: [0043]-[0045], [0048]-[0055], FIG. 1, and FIG. 5-6: Since the human body is an electrical conductor, the left hand H and the tongue T are electrically connected to each other via the body part B. In the case of this embodiment, the body part B consists of the human body part that extends from the tongue T through the throat, upper body, and left upper limb to the fifth finger f5. In this way, an electric circuit is formed between the first electrode 4 and the second electrode 6, so that a current flows from the second electrode 6 toward the first electrode 4), the first ( Miyashita: FIG. 1 the second electrode 6) and second electrode (Miyashita: FIG. 1 the first electrode 4) allowing to allow an electric circuit to be formed between a food or drink to be taken by a user (Miyashita: [0039], [0041], [0048]-[0051], FIG. 1 the second electrode 6, and FIG. 5: The second electrode 6 applies the output voltage from the power supply device 3 to the subject when it comes into contact with the subject's hand wearing the glove 2…The second electrode 6 is electrically insulated from the first electrode 4, and can be placed anywhere on the inner surface of the glove 2 if it can come into contact with the left hand of the examinee when the examinee puts on the glove 2) and a body of the user (Miyashita: [0034]-[0035], [0037], [0048]-[0055], FIG. 1 the first electrode 4, and FIG. 5: The subject P completes electrode placement using the electric taste presentation device 1 by holding the cup 10 so that the first electrode 4 on the tip side of the second finger comes into contact with the conductive material in the cup 10…The first electrode 4 is in contact with the conductive material of the cup 10, as shown by the solid line, and the cup 10 and the beverage 11 are electrically connected to each other.).
Miyashita does not explicitly disclose wherein the supplying further comprises reducing a noise component in the current.
However, it has been known in the art of circuitry design to implement wherein the supplying further comprises reducing a noise component in the current, as suggested by Abe, which dsicsleos wherein the supplying further comprises reducing a noise component in the current (Abe: Abstract, [0031]-[0033], [0049]-[0051], and FIG. 1-2: The oscillator includes a reference signal source circuit that has a reference signal source outputting a reference signal and converts the output reference signal into a control voltage, a filter that includes a variable resistance and a capacitance and removes noise in the control voltage, a transistor that converts the control voltage which has passed through the filter into a control current and outputs the control current, a core circuit that is driven by the control current and generates an output signal, and an output terminal that outputs the generated output signal).
Therefore, in view of teachings by Miyashita and Abe, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the taste presentation circuit of Miyashita to include wherein the supplying further comprises reducing a noise component in the current, as suggested by Abe. The motivation for this is to remove noises in a voltage/current source as a known implementation circuitry design.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Miyashita et al. (Miyashita – JP 2021045399 A) in view of Abe et al. (Abe – US 2016/0285465 A1) and further in view of Aboulsoud (Aboulsoud – US 2021/0370063 A1).
As to claim 4, Miyashita and Abe disclose the limitations of claim 3 further comprising the device of claim 3, wherein the electric stimulus generation unit is configured to change the current direction such that the cathodal stimulation in which a predetermined current set value is held is implemented for a holding time, and that the anodal stimulation is implemented after the holding time (Miyashita: [0043]-[0045], [0048]-[0055], FIG. 1, and FIG. 5-7: The polarity of the voltage in the power supply device 3 is preset to the polarity of cathode presentation or the polarity of anode presentation, depending on the necessity of electric taste presentation. The polarity of cathode presentation is the polarity that applies a negative voltage to the beverage 11 from the first electrode 4, and a negative voltage is output to the first terminal 3A and a positive voltage is output to the second terminal 3B. In this case, the first electrode 4 becomes a cathode and the second electrode 6 (not shown) becomes an anode. The polarity of anode presentation is the polarity that applies a positive voltage from the first electrode 4 to the beverage 11, and a positive voltage is output to the first terminal 3A and a negative voltage is output to the second terminal 3B. In this case, the first electrode 4 becomes an anode and the second electrode 6 (not shown) becomes a cathode), except for the claimed limitations of the holding time of 0.1 seconds or longer.
However, it has been known in the art of circuitry design to implement the holding time of 0.1 seconds or longer, as suggested by Aboulsoud, which discloses the holding time of 0.1 seconds or longer (Aboulsoud: [0010], [0066], [0068], and FIG. 5: In weeks 1-6 of the stimulation treatment protocol, a 350-650 ms pulse length and 30-70 ms interpulse break with a polarity switch after every 4th 350-650 ms pulse occurs, 2-4 mA current pulse magnitude, and with current running back and forth between electrodes F3 and F4 for the first 5 minutes of treatment to induce sub-threshold tonic depolarizations of neurons with a low valued voltage gradient along the forceps minor. In the second 5 minute segment of the stimulation treatment protocol, a 350-650 ms pulse length, 30-70 ms interpulse break with no polarity switch, 2-4 mA current magnitude, between electrodes F4 and C3 occurs for 1-15 seconds, prior to switching contralaterally to run for 1-15 seconds between electrodes F3 and C2 with frontal electrodes are anode and hind motor cortex electrodes are cathode to induce a high value voltage gradient along the corticospinal tracts and the corpus callosum).
Therefore, in view of teachings by Miyashita, Abe, and Aboulsoud, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the taste presentation circuit of Miyashita and Abe to include the holding time of 0.1 seconds or longer, as suggested by Aboulsoud. The motivation for this is to selectively choose a timing period for an appropriate stimulation treatment.
As to claim 5, Miyashita and Abe discloses the limitations of claim 2 except for the claimed limitations of the device of claim 2, wherein the electric stimulus generation unit is configured to change the current direction such that a reversal of the polarity is completed within a reversal time of 0.5 seconds or shorter.
However, it has been known in the art of circuitry design to implement wherein the electric stimulus generation unit is configured to change the current direction such that a reversal of the polarity is completed within a reversal time of 0.5 seconds or shorter, as suggested by Aboulsoud, which discloses wherein the electric stimulus generation unit is configured to change the current direction such that a reversal of the polarity is completed within a reversal time of 0.5 seconds or shorter (Aboulsoud: [0010], [0066], [0068], and FIG. 5: In weeks 1-6 of the stimulation treatment protocol, a 350-650 ms pulse length and 30-70 ms interpulse break with a polarity switch after every 4th 350-650 ms pulse occurs, 2-4 mA current pulse magnitude, and with current running back and forth between electrodes F3 and F4 for the first 5 minutes of treatment to induce sub-threshold tonic depolarizations of neurons with a low valued voltage gradient along the forceps minor. In the second 5 minute segment of the stimulation treatment protocol, a 350-650 ms pulse length, 30-70 ms interpulse break with no polarity switch, 2-4 mA current magnitude, between electrodes F4 and C3 occurs for 1-15 seconds, prior to switching contralaterally to run for 1-15 seconds between electrodes F3 and C2 with frontal electrodes are anode and hind motor cortex electrodes are cathode to induce a high value voltage gradient along the corticospinal tracts and the corpus callosum).
Therefore, in view of teachings by Miyashita, Abe, and Aboulsoud, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the taste presentation circuit of Miyashita and Abe to include wherein the electric stimulus generation unit is configured to change the current direction such that a reversal of the polarity is completed within a reversal time of 0.5 seconds or shorter, as suggested by Aboulsoud. The motivation for this is to selectively choose a timing period for an appropriate stimulation treatment.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Miyashita et al. (Miyashita – JP 2021045399 A) in view of Abe et al. (Abe – US 2016/0285465 A1) and further in view of Jin et al. (Jin – US 2023/0297157 A1).
As to claim 6, Miyashita and Abe disclose the limitations of claim 1 further comprising the device of claim 1, wherein, when starting to supply the current, the electric stimulus generation unit is configured to gradually increase a current value in such a manner that a rate of change in the current value is restricted (Miyashita: Abstract, [0098], and FIG. 17: the waveform generator 43b may intermittently generate a sawtooth pulse like voltage signal. In this case, if the resistance of the electric circuit is constant, a sawtooth pulsed current flows intermittently, for example, as shown by the polygonal line l03 in FIG. 17 (b). In FIGS. 17 A and 17B, the duty ratio of each voltage pulse is fixed as an example, but the duty ratio of each pulse may change over time. Also, the amplitude of each pulse may change over time. A plurality of waveforms of the voltage signal generated by the waveform generator 43b may be prepared, and the subject may be able to select one using the operation unit 8) except for the claimed limitations of the current value is restricted to 0.1 mA/ms or lower.
However, it has been known in the art of circuitry design to implement the current value is restricted to 0.1 mA/ms or lower, as suggested by Jin, which discloses wherein the current value is restricted to 0.1 mA/ms or lower (Jin: Abstract, [0100]-[0104], and FIG. 5: the power regulator can switch to the first current rate of change. The adjustment range corresponding to the threshold value of 0.05mA/ms. Alternatively, another threshold may be set in the power consumption regulator, and the threshold is slightly smaller than the first current change rate threshold of 0.1 mA/ms and greater than the first current change rate threshold of 0.05 mA/ms).
Therefore, in view of teachings by Miyashita, Abe, and Jin, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the taste presentation circuit of Miyashita and Abe to include the current value is restricted to 0.1 mA/ms or lower, as suggested by Jin. The motivation for this is to selectively choose a timing period for an appropriate stimulation treatment using a known alternative current rate.
Citation of Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
Heimeri, US 2021/0217533 A1, discloses computer system for crisis state detection and intervention.
Bonnet et al., US 2018/0353760 A1, discloses active electrical nerve stimulation medical device, with automatic charge compensation control.
Tsai, US 9,831,892 B1, discloses noise reduction circuit and associated delta-sigma modulator.
Conclusion
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/QUANG PHAM/Primary Examiner, Art Unit 2685