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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-10 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as
being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claims 1 and 10 recites “a display unit that is mounted on a user’s head.” This
recitation actively claims the head of a user, which encompasses a human body part. The examiner suggest amending the claim to recite along the lines of a “head mounted display.”
Similarly, claim 8 recites “a pitch of the sound according to movement of the head.” The
examiner suggest amending the claim to recite “according to movement of the head mounted display.”
Claims 2-7 and 9 are rejected for being dependent on rejected independent claims 1 and 10.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 5-11, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Londero
et al., “Auditory and Visual 3D virtual Reality Therapy for Chronic Subjective Tinnitus: Theoretical Framework,” 25 September 2009, pages 143-151, hereinafter Londero .
Regarding claim 1, Londero teaches a tinnitus treatment device using a surround sound virtual
reality (VR) interface, comprising: a display unit that is mounted on a user’s head to display a VR video, into which a virtual tinnitus object and a virtual environment object are inserted, to a subject (pages 145-147); The VR integrates visual display with virtual environment objects to a subject.
a virtual tinnitus object and virtual environment object unit that visualizes subjective tinnitus perceived by the user to generate the virtual tinnitus object and generate the virtual environment object corresponding to a sound source occurring in the virtual environment (pages 145-147); The visual display immerses the user in a computer-generated virtual environment.
a surround sound processing unit that performs three-dimensional (3D) sound processing to allow the user to perceive a location of the virtual tinnitus object and a location of the virtual environment object (pages 145-147);. A processor tracks data collection and executes image synthesis and sound spatialization at the same time.
a sound output unit that outputs the 3D sound to the user (pages 145-147); An encoder which encodes ambience sounds in ambisonics format in order to improve the immersion of the listener in an auditory environment. An open headphone which renders a sound is disclosed.
Londero discloses the claimed invention but does not disclose expressly “a VR video control unit that changes content in the VR video in response to a user input signal provided from a user interface, wherein the VR video control unit controls the virtual tinnitus object displayed in the VR video in response to the user input signal and changes the output of the 3D sound in response to the control of the virtual tinnitus object.” It would have been an obvious matter of design choice to a person of ordinary skill in the art to modify the system as taught by Londero with the specified controls of the control unit because the difference may be derived from features of Londero, in which “a tinnitus avatar is positioned at an invisible fixed reference point in a virtual scene, and a signal is presented only to the contra lateral ear; and the signal level is changed according to the distance and direction of a patient relative to a reference position in order to create interaural level differences (ILDs) between subjective tinnitus and the avatar” (page 146). Applicant has not disclosed that the control unit provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with tinnitus response signals as taught by Londero because it provides treating tinnitus through the use of a sound virtual reality interface and since it appears to be an arbitrary design consideration which fails to patentably distinguish over Londero.
Therefore, it would have been an obvious matter of design choice to modify Londero to obtain the invention as specified in the claim(s).
Regarding claim 5, Londero as modified teaches the claimed invention and Londero further
teaches wherein the 3D sound is a mixed sound in which the 3D sound due to the virtual tinnitus object and the 3D sound due to the virtual environment object are mixed (page 147). An encoder which encodes ambience sounds in ambisonics format in order to improve the immersion of the listener in an auditory environment. This is a mixed 3d sound technology.
Regarding claim 6, Londero as modified teaches the claimed invention and Londero further
teaches wherein the sound output unit includes a left sound output unit and a right sound output unit that output sound to both ears of the user (page 147). The ambisonics format is scalable and embodies spatial information of a sound scene according to the three directions of space (left/right, front/back, and up/down).
Regarding claim 7, Londero as modified teaches the claimed invention and Londero further
teaches wherein the surround sound processing unit adjusts a time, loudness, and a pitch of the 3D sound depending on a distance between the user and the virtual tinnitus object and a distance between the user and the virtual environment object within the VR video (page 146). A tinnitus avatar is positioned at an invisible fixed reference point in a virtual scene, and a signal is presented only to the contra lateral ear; and the signal level is changed according to the distance and direction of a patient relative to a reference position in order to create interaural level differences (ILDs) between subjective tinnitus and the avatar.
Regarding claim 8, Londero as modified teaches the claimed invention and Londero further
teaches wherein the surround sound processing unit is implemented based on a head-related transfer function (HRTF), which is a function that sets a time, loudness, and a pitch of the sound according to movement of the head (page 147). Landmark sources are rendered through binaural technology using generic head related transfer functions (HRTFs).
Regarding claim 9, Londero as modified teaches the claimed invention and Londero further
teaches wherein the display unit is provided as a head mounted display (HMD) that provides a closed viewing environment blocked from an outside (pages 145-147); The visual display immerses the user in a computer-generated virtual environment.
Regarding claim 10, Londero teaches a tinnitus treatment system using a surround sound virtual
reality (VR) interface, comprising: a tinnitus treatment device (page 145-147);
and a VR video controller that is connected to the tinnitus treatment device through a network and inputs a user input signal to the tinnitus treatment device, wherein the tinnitus treatment device includes: a display unit that is mounted on a user’s head to display a VR video, into which a virtual tinnitus object and a virtual environment object are inserted, to a subject (pages 145-147); The VR integrates visual display with virtual environment objects to a subject. A processor tracks data collection for treating tinnitus.
a virtual tinnitus object and virtual environment object unit that visualizes subjective tinnitus perceived by the user to generate the virtual tinnitus object and generate the virtual environment object corresponding to a sound source occurring in the virtual environment (pages 145-147); The visual display immerses the user in a computer-generated virtual environment.
a surround sound processing unit that performs three-dimensional (3D) sound processing to allow the user to perceive a location of the virtual tinnitus object and a location of the virtual environment object (pages 145-147); A processor tracks data collection and executes image synthesis and sound spatialization at the same time.
a sound output unit that outputs the 3D sound to the user (pages 145-147); An encoder which encodes ambience sounds in ambisonics format in order to improve the immersion of the listener in an auditory environment. An open headphone which renders a sound is disclosed.
Londero discloses the claimed invention but does not disclose expressly “a VR video control unit that changes content in the VR video in response to a user input signal provided from a user interface, wherein the VR video control unit controls the virtual tinnitus object displayed in the VR video in response to the user input signal and changes the output of the 3D sound in response to the control of the virtual tinnitus object.” It would have been an obvious matter of design choice to a person of ordinary skill in the art to modify the system as taught by Londero with the specified controls of the control unit because the difference may be derived from features of Londero, in which “a tinnitus avatar is positioned at an invisible fixed reference point in a virtual scene, and a signal is presented only to the contra lateral ear; and the signal level is changed according to the distance and direction of a patient relative to a reference position in order to create interaural level differences (ILDs) between subjective tinnitus and the avatar” (page 146). Applicant has not disclosed that the control unit provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with tinnitus response signals as taught by Londero because it provides treating tinnitus through the use of a sound virtual reality interface and since it appears to be an arbitrary design consideration which fails to patentably distinguish over Londero.
Therefore, it would have been an obvious matter of design choice to modify Londero to obtain the invention as specified in the claim(s).
Regarding claim 11, Londero teaches a tinnitus treatment device using a surround sound virtual
reality (VR) interface, comprising: a user interface that acquires subjective tinnitus information from a user (pages 145-147); The VR integrates visual display with virtual environment objects to a subject. A processor tracks data collection for treating tinnitus.
a processor that visualizes subjective tinnitus perceived by the user from the acquired subjective tinnitus information to generate a virtual tinnitus object and generate a virtual environment object corresponding to a sound source occurring in the virtual environment, and performs 3D sound processing to allow the user to perceive a location of the virtual tinnitus object and a location of the virtual environment object (pages 145-147); A processor tracks data collection and executes image synthesis and sound spatialization at the same time. An encoder which encodes ambience sounds in ambisonics format in order to improve the immersion of the listener in an auditory environment. An open headphone which renders a sound is disclosed.
a head mounted display (HMD) that displays a VR video into which the virtual tinnitus object and the virtual environment object are inserted and outputs the 3D sound to a subject (pages 145-147); The visual display immerses the user in a computer-generated virtual environment. Ambisonics format is disclosed in combination with the visual display.
and a haptic device that receives a user input signal for changing content in the VR video and transfers a corresponding tactile sensation to the user according to a change in the content in the VR video (pages 145); Sensorial interfaces such as force or tactile feedback systems are used. Therefore, a haptic device is disclosed.
Londero discloses the claimed invention but does not disclose expressly “wherein the processor controls the virtual tinnitus object displayed in the VR video in response to the user input signal and changes the output of the 3D sound in response to the control of the virtual tinnitus object.” It would have been an obvious matter of design choice to a person of ordinary skill in the art to modify the system as taught by Londero with the specified controls of the processor controls because the difference may be derived from features of Londero, in which “a tinnitus avatar is positioned at an invisible fixed reference point in a virtual scene, and a signal is presented only to the contra lateral ear; and the signal level is changed according to the distance and direction of a patient relative to a reference position in order to create interaural level differences (ILDs) between subjective tinnitus and the avatar” (page 146). Applicant has not disclosed that the processor control provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with tinnitus response signals as taught by Londero because it provides treating tinnitus through the use of a sound virtual reality interface and since it appears to be an arbitrary design consideration which fails to patentably distinguish over Londero.
Regarding claim 15, Londero as modified teaches the claimed invention and Londero further
teaches wherein the haptic device generates the corresponding tactile sensation when the size of the virtual tinnitus object is gradually reduced and transfers the generated tactile sensation to the user (pages 145). Sensorial interfaces such as force or tactile feedback systems are used.
Regarding claim 16, Londero as modified teaches the claimed invention and Londero further
teaches wherein the haptic device is a phantom haptic device (pages 145). Sensorial interfaces such as force or tactile feedback systems are used. Therefore, a phantom haptic device is disclosed.
Claims 2-4 and 12-14 rejected under 35 U.S.C. 103 as being unpatentable over Londero et al.,
“Auditory and Visual 3D virtual Reality Therapy for Chronic Subjective Tinnitus: Theoretical Framework,” 25 September 2009, pages 143-151, hereinafter Londero in view of Boesen et al. US Pub.: US 20180271710 A1, hereinafter Boesen.
Regarding claim 2, Londero as modified does not teach wherein the VR video control unit
removes the virtual tinnitus object displayed in the VR video in response to the user input signal, and at the same time stops the output of the 3D sound due to the virtual tinnitus object.
Boesen, in the same field of endeavor, teaches wherein the VR video control unit removes the virtual tinnitus object displayed in the VR video in response to the user input signal, and at the same time stops the output of the 3D sound due to the virtual tinnitus object (paragraph 72-73). The therapeutic filtering logic 220 may also utilize a low-pass filter, removing only the high frequencies from the audio signal. The therapeutic filtering logic 220 may also utilize a band-pass filter. The therapeutic filtering logic 220 may also include a shelving filter which increases or decreases audio signals below a set frequency. In other embodiments, an equalizer may also be used to remove the tinnitus frequency 222 from the user's selected audio stream.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control unit of Londero to add a filtering logic configured to stop sound output from Boesen for the benefit of optimizing tinnitus treatment based on audio cues.
Regarding claim 3, Londero as modified does not teach wherein the VR video control unit
removes the virtual tinnitus object displayed in the VR video in response to the user input signal, and at the same time maintains the output of the 3D sound due to the virtual environment object while stopping the output of the 3D sound due to the virtual tinnitus object.
Boesen, in the same field of endeavor, teaches wherein the VR video control unit removes the virtual tinnitus object displayed in the VR video in response to the user input signal, and at the same time maintains the output of the 3D sound due to the virtual environment object while stopping the output of the 3D sound due to the virtual tinnitus object (paragraph 72-73). The therapeutic filtering logic 220 may also utilize a low-pass filter, removing only the high frequencies from the audio signal. The therapeutic filtering logic 220 may also utilize a band-pass filter. The therapeutic filtering logic 220 may also include a shelving filter which increases or decreases audio signals below a set frequency. In other embodiments, an equalizer may also be used to remove the tinnitus frequency 222 from the user's selected audio stream.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control unit of Londero to add a filtering logic configured to stop or maintain sound output from Boesen for the benefit of optimizing tinnitus treatment based on audio cues.
Regarding claim 4 and 12, Londero as modified does not teach wherein the VR video control unit
gradually removes the virtual tinnitus object displayed in the VR video in response to the user input signal, and at the same time gradually reduces the output of the 3D sound due to the virtual tinnitus object.
Boesen, in the same field of endeavor, teaches wherein the VR video control unit gradually removes the virtual tinnitus object displayed in the VR video in response to the user input signal, and at the same time gradually reduces the output of the 3D sound due to the virtual tinnitus object (paragraph 72-73). The therapeutic filtering logic 220 may also utilize a low-pass filter, removing only the high frequencies from the audio signal. The therapeutic filtering logic 220 may also utilize a band-pass filter. The therapeutic filtering logic 220 may also include a shelving filter which increases or decreases audio signals below a set frequency. In other embodiments, an equalizer may also be used to remove the tinnitus frequency 222 from the user's selected audio stream.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control unit of Londero to add a filtering logic configured to gradually reduce sound output from Boesen for the benefit of optimizing tinnitus treatment based on audio cues.
Regarding claim 13, Londero as modified does not teach wherein the processor gradually
removes a size of the virtual tinnitus object displayed in the VR video in response to the user input signal, and at the same time gradually reduces the output of the 3D sound due to the virtual tinnitus object.
Boesen, in the same field of endeavor, teaches wherein the processor gradually removes a size
of the virtual tinnitus object displayed in the VR video in response to the user input signal, and at the same time gradually reduces the output of the 3D sound due to the virtual tinnitus object (paragraph 72-73). The therapeutic filtering logic 220 may also utilize a low-pass filter, removing only the high frequencies from the audio signal. The therapeutic filtering logic 220 may also utilize a band-pass filter. The therapeutic filtering logic 220 may also include a shelving filter which increases or decreases audio signals below a set frequency. In other embodiments, an equalizer may also be used to remove the tinnitus frequency 222 from the user's selected audio stream.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control unit of Londero to add a filtering logic configured to gradually reduce sound output from Boesen for the benefit of optimizing tinnitus treatment based on audio cues.
Regarding claim 14, Londero as modified does not teach wherein a level at which the size of the
virtual tinnitus object is gradually reduced and a level at which the output of the 3D sound due to the virtual tinnitus object is gradually reduced correspond to each other.
Boesen, in the same field of endeavor, teaches wherein a level at which the size of the virtual
tinnitus object is gradually reduced and a level at which the output of the 3D sound due to the virtual tinnitus object is gradually reduced correspond to each other (paragraph 72-73). The therapeutic filtering logic 220 may also utilize a low-pass filter, removing only the high frequencies from the audio signal. The therapeutic filtering logic 220 may also utilize a band-pass filter. The therapeutic filtering logic 220 may also include a shelving filter which increases or decreases audio signals below a set frequency. In other embodiments, an equalizer may also be used to remove the tinnitus frequency 222 from the user's selected audio stream.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control unit of Londero to add a filtering logic configured to gradually reduce sound output from Boesen for the benefit of optimizing tinnitus treatment based on audio cues.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN J TRAN whose telephone number is (571)272-0486. The examiner can normally be reached M-F. 8:30 am - 5:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Klein can be reached at 571-270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/T.J.T./Examiner, Art Unit 3792
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792