DETAILED ACTION
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.
Claim 1-15 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shin et al. (US Pub: 2020/0139113 A1) in view of Garcia Molina et al. (US Pub: 2013/0338738 A1).
As to claim 1, Shin teach teaches a neural stimulator/interface using a sensitive stimulation signal (i.e. as seen in figure 1 embodiment Shin shows a neural stimulator/interface which uses an EEG device which is a sensitive stimulation device applying a signal to detect using mental states) (see Fig. 1-2, [0058-0060]) comprising:
a reproduction device which is configured to reproduce at least one sensitive stimulation signal to be reproduced with several different given frequencies (i.e. the oscillator that provide stimulation in the form of a spindle form that is said to be varied from 11 to 16 Hz) (see Fig. 1-3, [0058-0068]), the given frequencies being associated with different given directions of adjustment of a command parameter of an electronic equipment (i.e. the EEG based adjustment system provide a spindle signal which is variable and adjustable based on command parameter of the computer system as seen in figure 10) (see Fig. 10, [0116-0119]).
However, Shin do not teach with different given direction of adjustment of a command parameter of an electronic equipment distinct from the neural stimulator/interface.
Garcia Molina teaches different given direction of adjustment of a command parameter of an electronic equipment distinct from the neural stimulator/interface (i.e. as seen in figures 1-2 which uses an EEG signal frequency to determine the adjustment of temperature for the mattress system which is distinct from the actual EEG signal frequency to adjust the user’s sleep pattern to prevent sleep walking symptoms) (see Fig. 1-2, [0064-0072]).
Since both Garcia Molina and Shin both teaches an EEG based detection system for monitoring user mental states weather the dementia or sleep walking conditions, they are analogous is having the same field of endeavor.
Therefore, it would have been obvious for one of ordinary skill in the art at the time the accepted filing date of the current application to have further enhanced the system of Shin’s EEG based mental stimulation system with the user temperature control system of Garcia Molina’s mattress system, in order to expand the field of application to monitor and correct sleep based disorder for the user in the case of proactive medical detection and intervention (see Garcia Molina [0004-0006]).
As to claim 8, Shin teaches a direct neural interface capable of sensing a neural frequency relating to a user during a reproduction of sensitive stimulation signals to be reproduced with different given frequencies by a neural stimulator/interface (i.e. as seen in figures 1 and 2 embodiment Shin shows a neural stimulator/interface that contains a variable stimulation signal) (see Fig. 1-2, [0058-0060]), wherein the direct neural interface comprises:
an emitter configured to emit the sensed neural frequency via a communication network and trigger an adjustment of a given command parameter of an electronic equipment (i.e. the oscillator that provide stimulation in the form of a spindle form that is said to be varied from 11 to 16 Hz) (see Fig. 1-3, [0058-0068]), the given adjustment of the command parameter being carried out in a given direction of adjustment from among several different directions of adjustment of the command parameter of the electronic equipment (i.e. the oscillator that provide stimulation in the form of a spindle form that is said to be varied from 11 to 16 Hz) (see Fig. 1-3, [0058-0068]), the different given directions of adjustment of the command parameter of the electronic equipment being associated with different given frequencies of the sensitive stimulation signals to be reproduced by the neural stimulator/interface and the given direction of adjustment being associated with one of the given frequencies of the sensitive stimulation signals to be reproduced by the neural stimulator/interface (i.e. the EEG based adjustment system provide a spindle signal which is variable and adjustable based on command parameter of the computer system as seen in figure 10) (see Fig. 10, [0116-0119]), the emitted neural frequency being a function of one of the given frequencies (i.e. the equipment shown in figure 5-8 shows a variable stimulation signal have a different frequency setting based on the EEG input) (see Fig. 1-8, [0058-0068], [0092-0109]).
However, Shin do not teach with different given direction of adjustment of a command parameter of an electronic equipment distinct from the neural stimulator/interface.
Garcia Molina teaches different given direction of adjustment of a command parameter of an electronic equipment distinct from the neural stimulator/interface (i.e. as seen in figures 1-2 which uses an EEG signal frequency to determine the adjustment of temperature for the mattress system which is distinct from the actual EEG signal frequency to adjust the user’s sleep pattern to prevent sleep walking symptoms) (see Fig. 1-2, [0064-0072]).
Since both Garcia Molina and Shin both teaches an EEG based detection system for monitoring user mental states weather the dementia or sleep walking conditions, they are analogous is having the same field of endeavor.
Therefore, it would have been obvious for one of ordinary skill in the art at the time the accepted filing date of the current application to have further enhanced the system of Shin’s EEG based mental stimulation system with the user temperature control system of Garcia Molina’s mattress system, in order to expand the field of application to monitor and correct sleep based disorder for the user in the case of proactive medical detection and intervention (see Garcia Molina [0004-0006]).
As to claim 9, Shin teaches an electronic equipment (i.e. as seen in figure 1 embodiment Shin shows a neural stimulator/interface) (see Fig. 1-2, [0058-0060]) comprising:
a regulator configured to adjust a command parameter of a component of the electronic equipment in several different given directions of adjustment (i.e. the EEG based regulator shown in figure 3 provide the oscillator controlled stimulation signal in the form of a spindle form that is said to be varied from 11 to 16 Hz) (see Fig. 1-3, [0058-0068]), a given direction of adjustment of the several different given directions of adjustments being a function of a neural frequency emitted by a direct neural interface during a reproduction of sensitive stimulation signals to be reproduced with different given frequencies by a neural stimulator/interface (i.e. the EEG based adjustment system provide a spindle signal which is variable and adjustable based on command parameter of the computer system as seen in figure 10) (see Fig. 10, [0116-0119]),, the emitted neural frequency being a function of one of the different given frequencies of the sensitive stimulation signals to be reproduced by the neural stimulator/interface, the several different given directions of adjustment being associated with the different given frequencies (i.e. the equipment shown in figure 5-8 shows a variable stimulation signal have a different frequency setting based on the EEG input) (see Fig. 1-8, [0058-0068], [0092-0109]).
However, Shin do not teach with different given direction of adjustment of a command parameter of an electronic equipment distinct from the neural stimulator/interface.
Garcia Molina teaches different given direction of adjustment of a command parameter of an electronic equipment distinct from the neural stimulator/interface (i.e. as seen in figures 1-2 which uses an EEG signal frequency to determine the adjustment of temperature for the mattress system which is distinct from the actual EEG signal frequency to adjust the user’s sleep pattern to prevent sleep walking symptoms) (see Fig. 1-2, [0064-0072]).
Since both Garcia Molina and Shin both teaches an EEG based detection system for monitoring user mental states weather the dementia or sleep walking conditions, they are analogous is having the same field of endeavor.
Therefore, it would have been obvious for one of ordinary skill in the art at the time the accepted filing date of the current application to have further enhanced the system of Shin’s EEG based mental stimulation system with the user temperature control system of Garcia Molina’s mattress system, in order to expand the field of application to monitor and correct sleep based disorder for the user in the case of proactive medical detection and intervention (see Garcia Molina [0004-0006]).
As to claim 12, Shin teaches a method (i.e. as seen in figure 1 embodiment Shin shows a neural stimulator/interface method) (see Fig. 1-2, [0058-0060]) comprising:
initializing a neural stimulator/interface, in which the initializing comprises a pairing procedure associating a given frequency of a sensitive stimulation signal to be reproduced by the neural stimulator/interface with a given direction of adjustment of a command parameter of an electronic equipment (i.e. the EEG based adjustment system provide a spindle signal which is variable and adjustable based on command parameter of the computer system as seen in figure 10) (see Fig. 10, [0116-0119]), wherein different given directions of adjustment of the command parameter of the electronic equipment are associated with different given frequencies (i.e. the equipment shown in figure 5-8 shows a variable stimulation signal have a different frequency setting based on the EEG input) (see Fig. 1-8, [0058-0068], [0092-0109]).
However, Shin do not teach with different given direction of adjustment of a command parameter of an electronic equipment distinct from the neural stimulator/interface.
Garcia Molina teaches different given direction of adjustment of a command parameter of an electronic equipment distinct from the neural stimulator/interface (i.e. as seen in figures 1-2 which uses an EEG signal frequency to determine the adjustment of temperature for the mattress system which is distinct from the actual EEG signal frequency to adjust the user’s sleep pattern to prevent sleep walking symptoms) (see Fig. 1-2, [0064-0072]).
Since both Garcia Molina and Shin both teaches an EEG based detection system for monitoring user mental states weather the dementia or sleep walking conditions, they are analogous is having the same field of endeavor.
Therefore, it would have been obvious for one of ordinary skill in the art at the time the accepted filing date of the current application to have further enhanced the system of Shin’s EEG based mental stimulation system with the user temperature control system of Garcia Molina’s mattress system, in order to expand the field of application to monitor and correct sleep based disorder for the user in the case of proactive medical detection and intervention (see Garcia Molina [0004-0006]).
As to claim 13, Shin teaches a method (i.e. as seen in figure 1 embodiment Shin shows a neural stimulator/interface method) (see Fig. 1-2, [0058-0060]) comprising:
receiving a neural frequency from a direct neural interface during a reproduction of sensitive stimulation signals to be reproduced with different given frequencies by a neural stimulator/interface (i.e. the EEG system of Shin is a sensitive stimulation signal based system that uses electrical signal to stimulate and output a response of user’s mental state) (see Fig. 1-2, [0058-0060]), controlling an electronic equipment by adjusting, as a function of the received neural frequency (i.e. the oscillator that provide stimulation in the form of a spindle form that is said to be varied from 11 to 16 Hz) (see Fig. 1-3, [0058-0068]), a command parameter of the electronic equipment in a given direction of adjustment from among several different directions of adjustment, the received neural frequency being a function of one of the different given frequencies(i.e. the EEG based adjustment system provide a spindle signal which is variable and adjustable based on command parameter of the computer system as seen in figure 10) (see Fig. 10, [0116-0119]), wherein different given directions of adjustment are associated with the different given frequencies (i.e. the equipment shown in figure 5-8 shows a variable stimulation signal have a different frequency setting based on the EEG input) (see Fig. 1-8, [0058-0068], [0092-0109]).
However, Shin do not teach with different given direction of adjustment of a command parameter of an electronic equipment distinct from the neural stimulator/interface.
Garcia Molina teaches different given direction of adjustment of a command parameter of an electronic equipment distinct from the neural stimulator/interface (i.e. as seen in figures 1-2 which uses an EEG signal frequency to determine the adjustment of temperature for the mattress system which is distinct from the actual EEG signal frequency to adjust the user’s sleep pattern to prevent sleep walking symptoms) (see Fig. 1-2, [0064-0072]).
Since both Garcia Molina and Shin both teaches an EEG based detection system for monitoring user mental states weather the dementia or sleep walking conditions, they are analogous is having the same field of endeavor.
Therefore, it would have been obvious for one of ordinary skill in the art at the time the accepted filing date of the current application to have further enhanced the system of Shin’s EEG based mental stimulation system with the user temperature control system of Garcia Molina’s mattress system, in order to expand the field of application to monitor and correct sleep based disorder for the user in the case of proactive medical detection and intervention (see Garcia Molina [0004-0006]).
As to claim 2, Shin teaches the neural stimulator/interface as claimed in claim 1, which comprises an order relationship between the given frequencies which is a function of an order relationship between the given directions of adjustment associated with the given frequencies (i.e. the system of Shin shows that the order relationship between given frequency of the spindle stimulation signal is an order relation between given direction of adjustment associated with the given frequency of the EEG signal detected) (see Fig. 1-3, [0058-0068]).
As to claim 3, Shin teaches the neural stimulator/interface as claimed in claim 1, in which a signal of the at least one signal to be reproduced with a given frequency of the several different given frequencies is different from a signal of the at least one signal to be reproduced with another given frequency of the several different given frequencies when the other given frequency is different from the given frequency (i.e. since the spindle frequency is said to be a variable one based on the different detected EEG signal the responds frequency is variable above a measured range of 11 to 16Hz) (see Fig. 1-3, [0068]).
As to claim 4, Shin teaches the neural stimulator/interface as claimed in claim 1, in which the at least one signal to be reproduced comprises a first signal to be reproduced with a first given frequency and a second signal to be reproduced with a second given frequency, the first signal and the second signal being different (i.e. as seen in figure 10 the signal is adjustable to be a different setting for the memory test and control) (see Fig. 10, [0116-0119]).
As to claim 5, Shin teaches the neural stimulator/interface as claimed in claim 1, in which the several different given frequencies are such that a difference between two given frequencies of the several different given frequencies is greater than a predetermined difference threshold (i.e. the EEG based detection system is see in figure 4-5 to be amplified into the spindle signal which has a greater threshold as seen in figure the graph of figure 4 and 5 embodiment) (see Fig. 1-5, [0058-0095]).
As to claim 6, Shin teaches the neural stimulator/interface as claimed in claim 1, in which the at least one signal to be reproduced is one of the following signals: an audio signal, a visual signal (i.e. the EEG signal is a visual signal as seen in figure 4) (see Fig. 4).
As to claim 7, Shin teaches the neural stimulator/interface as claimed in claim 1, in which the neural stimulator/interface is one of the following interfaces: a neural stimulator/interface that is a component of the electronic equipment, a neural stimulator/interface connectable to a communication network to which the electronic equipment is connected (i.e. the system of Shin is said to use Wifi, LTE and Zigbee network to inter-connect the portable unit with the rest of the medical equipment) (see Fig. 1, [0096-0097]).
As to claim 10, Shin teaches the electronic equipment as claimed in claim 9, in which the electronic equipment comprises the neural stimulator/interface (i.e. as seen in figure 1 the system of Shin is a neural stimulator/interface) (see Fig. 1, [0058-0068]).
As to claim 11, Shin teaches the electronic equipment as claimed in claim 9, in which the electronic equipment comprises a transmitter, which is connectable to a communication network to which the neural stimulator/interface is connected (i.e. the system of Shin has a communication transmitter using Wifi, LTE and Zigbee network to inter-connect the portable unit with the rest of the medical equipment) (see Fig. 1, [0096-0097])
As to claim 14, Shin teaches a non-transitory computer readable medium comprising program code instructions stored thereon for executing the method as claimed in claim 12 when said program is executed by a processor (i.e. as seen in figure 1 the system of Shin uses processor to function to enable the stimulation unit) (see Fig. 1, [0096]).
As to claim 15, Shin teaches a non-transitory computer readable medium comprising program code instructions stored thereon for executing the method as claimed in claim 13 when said program is executed by a processor (i.e. as seen in figure 1 the system of Shin uses processor to function to enable the stimulation unit) (see Fig. 1, [0096]).
Response to Arguments
Applicant’s arguments with respect to claims 1-15 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.
Conclusion
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art Poltorak (US Pub: 2022/0273907 A1) is cited to teach user neural signal processing system for detecting emotional response of the user figure 1-7 embodiments. The prior art Connor et al (US Pub: 2015/0313496 A1) is cited to teach another type of sound stimulation system based a neural signal processing of an EEG system in figures 1-3 embodiments.
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/CALVIN C MA/Primary Examiner, Art Unit 2693 April 24, 2026
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