Prosecution Insights
Last updated: May 29, 2026
Application No. 18/753,742

COGNITIVE PLATFORM COUPLED WITH A PHYSIOLOGICAL COMPONENT

Non-Final OA §101
Filed
Jun 25, 2024
Priority
Aug 26, 2016 — provisional 62/380,116 +5 more
Examiner
KUO, JONATHAN T
Art Unit
3792
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Akili Interactive Labs, Inc.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
337 granted / 465 resolved
+2.5% vs TC avg
Strong +27% interview lift
Without
With
+27.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
36 currently pending
Career history
504
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
87.7%
+47.7% vs TC avg
§102
5.2%
-34.8% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 465 resolved cases

Office Action

§101
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 . Note to Applicant References/information from parent case was considered in examination of this application per MPEP 609.02. Double Patenting A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957). A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101. Claim(s) 1-20 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of prior U.S. Patent No. 12016700. This is a statutory double patenting rejection. Instant application claims U.S. Patent No. 12016700 claims 1. An apparatus for training cognitive skills in an individual, comprising: a user interface comprising a display and an input device; a non-transitory computer readable memory comprising processor-executable instructions stored thereon; and a processing unit communicatively coupled to the user interface and the non-transitory computer readable memory, wherein upon execution of the processor-executable instructions by the processing unit, the processing unit is configured to: render a first instance of a primary task with an interference at a graphical user interface being displayed at the display of the user interface, wherein the primary task comprises one or more first computerized stimuli or interaction comprising one or more graphical objects configured to prompt a first response from the individual to the first instance of the primary task in the presence of the interference via the input device of the user interface; render a second instance of the primary task without the interference at the user interface, wherein the second instance of the primary task without the interference is configured to require a second response from the individual to the second instance of the primary task; wherein the processing unit is configured to: (i) receive a secondary response to the interference at substantially the same time as the processing unit receives the second response; or (ii) receive the secondary response to the interference that is an interruptor at substantially the same time as the processing unit receives the first response and not receive the secondary response to the interference that is a distraction at substantially the same time that the processing unit receives the first response; receive data indicative of the first response and the second response; and modify a time-varying aspect of one or both of the primary task or the interference in response to receiving the data indicative of the first response and the second response. 1. An apparatus for training cognitive skills in an individual, comprising: a user interface comprising a display and an input device; a non-transitory computer readable memory comprising processor-executable instructions stored thereon; and a processing unit communicatively coupled to the user interface and the non-transitory computer readable memory, wherein upon execution of the processor-executable instructions by the processing unit, the processing unit is configured to: render a first instance of a primary task with an interference at a graphical user interface being displayed at the display of the user interface, wherein the primary task comprises one or more first computerized stimuli or interaction comprising one or more graphical objects configured to prompt a first response from the individual to the first instance of the primary task in the presence of the interference via the input device of the user interface; render a second instance of the primary task without the interference at the user interface, wherein the second instance of the primary task without the interference is configured to require a second response from the individual to the second instance of the primary task; wherein the processing unit is configured to: (i) receive a secondary response to the interference at substantially the same time as the processing unit receives the second response; or (ii) receive the secondary response to the interference that is an interrupter at substantially the same time as the processing unit receives the first response and not receive the secondary response to the interference that is a distraction at substantially the same time that the processing unit receives the first response; receive data indicative of the first response and the second response; and modify a time-varying aspect of one or both of the primary task or the interference in response to receiving the data indicative of the first response and the second response. 2. The apparatus of claim 1 wherein the primary task is a continuous task, wherein the first instance of the primary task is the continuous task rendered over a first time interval and the second instance of the primary task is the continuous task rendered over a second time interval, wherein the first time interval is different from the second time interval. 2. The apparatus of claim 1 wherein the primary task is a continuous task, wherein the first instance of the primary task is the continuous task rendered over a first time interval and the second instance of the primary task is the continuous task rendered over a second time interval, wherein the first time interval is different from the second time interval. 3. The apparatus of claim 1 wherein the primary task is a continuous visuomotor tracking task, and wherein the first instance of the primary task is a first time interval of the continuous visuo-motor task. 3. The apparatus of claim 1 wherein the primary task is a continuous visuomotor tracking task, and wherein the first instance of the primary task is a first time interval of the continuous visuo-motor task. 4. The apparatus of claim 1 wherein the primary task comprises a time-varying task having a response deadline. 4. The apparatus of claim 1 wherein the primary task comprises a time-varying task having a response deadline. 5. The apparatus of claim 1 wherein the processing unit is configured to render the first instance of the primary task with the interference by configuring the user interface to: render the first instance of the primary task in the presence of the interference such that the interference diverts the individual's attention from the primary task, in which the interference is rendered as one or both of a distraction or an interruptor. 5. The apparatus of claim 1 wherein the processing unit is configured to render the first instance of the primary task with the interference by configuring the user interface to: render the first instance of the primary task in the presence of the interference such that the interference diverts the individual's attention from the primary task, in which the interference is rendered as one or both of a distraction or an interrupter. 6. The apparatus of claim 1 wherein the processing unit is configured to control the user interface to render the interference as a target discrimination interference. 6. The apparatus of claim 1 wherein the processing unit is configured to control the user interface to render the interference as a target discrimination interference. 7. The apparatus of claim 1 wherein one or both of the primary task or interference comprises a targeting task. 7. The apparatus of claim 1 wherein one or both of the primary task or interference comprises a targeting task. 8. The apparatus of claim 7 wherein the targeting task is a target discriminating task. 8. The apparatus of claim 7 wherein the targeting task is a target discriminating task. 9. The apparatus of claim 7 wherein modifying the time-varying aspect of one or both of the primary task or the interference comprises modifying a trajectory of motion of a target object. 9. The apparatus of claim 7 wherein modifying the time-varying aspect of one or both of the primary task or the interference comprises modifying a trajectory of motion of a target object. 10. A system for training cognitive skills in an individual, comprising: a user interface comprising a display and an input device; a non-transitory computer readable memory comprising processor-executable instructions stored thereon; and a processing unit communicatively engaged with the user interface and the non-transitory computer readable memory, wherein upon execution of the processor-executable instructions by the processing unit, the processing unit is configured to: render a first instance of a primary task with an interference at a graphical user interface being displayed at the display of the user interface, wherein the primary task comprises one or more first computerized stimuli or interaction comprising one or more graphical objects configured to prompt a first response from the individual to the first instance of the primary task in the presence of the interference via the input device of the user interface; render a second instance of the primary task without the interference at the user interface, wherein the second instance of the primary task without the interference is configured to require a second response from the individual to the second instance of the primary task; wherein the processing unit is configured to: (i) receive a secondary response to the interference at substantially the same time as the processing unit receives the second response; or (ii) receive the secondary response to the interference that is an interruptor at substantially the same time as the processing unit receives the first response and not receive the secondary response to the interference that is a distraction at substantially the same time that the processing unit receives the first response; receive data indicative of the first response and the second response; and modify a time-varying aspect of one or both of the primary task or the interference in response to receiving the data indicative of the first response and the second response. 10. A system for training cognitive skills in an individual, comprising: a user interface comprising a display and an input device; a non-transitory computer readable memory comprising processor-executable instructions stored thereon; and a processing unit communicatively engaged with the user interface and the non-transitory computer readable memory, wherein upon execution of the processor-executable instructions by the processing unit, the processing unit is configured to: render a first instance of a primary task with an interference at a graphical user interface being displayed at the display of the user interface, wherein the primary task comprises one or more first computerized stimuli or interaction comprising one or more graphical objects configured to prompt a first response from the individual to the first instance of the primary task in the presence of the interference via the input device of the user interface; render a second instance of the primary task without the interference at the user interface, wherein the second instance of the primary task without the interference is configured to require a second response from the individual to the second instance of the primary task; wherein the processing unit is configured to: (i) receive a secondary response to the interference at substantially the same time as the processing unit receives the second response; or (ii) receive the secondary response to the interference that is an interrupter at substantially the same time as the processing unit receives the first response and not receive the secondary response to the interference that is a distraction at substantially the same time that the processing unit receives the first response; receive data indicative of the first response and the second response; and modify a time-varying aspect of one or both of the primary task or the interference in response to receiving the data indicative of the first response and the second response. 11. The system of claim 10 wherein the primary task is a continuous task, wherein the first instance of the primary task is the continuous task rendered over a first time interval and the second instance of the primary task is the continuous task rendered over a second time interval, wherein the first time interval is different from the second time interval. 11. The system of claim 10 wherein the primary task is a continuous task, wherein the first instance of the primary task is the continuous task rendered over a first time interval and the second instance of the primary task is the continuous task rendered over a second time interval, wherein the first time interval is different from the second time interval. 12. The system of claim 10 wherein the primary task is a continuous visuomotor tracking task, and wherein the first instance of the primary task is a first time interval of the continuous visuo-motor task. 12. The system of claim 10 wherein the primary task is a continuous visuomotor tracking task, and wherein the first instance of the primary task is a first time interval of the continuous visuo-motor task. 13. The system of claim 10 wherein the primary task comprises a time-varying task having a response deadline. 13. The system of claim 10 wherein the primary task comprises a time-varying task having a response deadline. 14. The system of claim 10 wherein the processing unit is configured to render the first instance of the primary task with the interference by configuring the user interface to: render the first instance of the primary task in the presence of the interference such that the interference diverts the individual's attention from the primary task, in which the interference is rendered as one or both of a distraction or an interruptor. 14. The system of claim 10 wherein the processing unit is configured to render the first instance of the primary task with the interference by configuring the user interface to: render the first instance of the primary task in the presence of the interference such that the interference diverts the individual's attention from the primary task, in which the interference is rendered as one or both of a distraction or an interrupter. 15. The system of claim 10 wherein the processing unit is configured to control the user interface to render the interference as a target discrimination interference. 15. The system of claim 10 wherein the processing unit is configured to control the user interface to render the interference as a target discrimination interference. 16. The system of claim 10 wherein one or both of the primary task or interference comprises a targeting task. 16. The system of claim 10 wherein one or both of the primary task or interference comprises a targeting task. 17. The system of claim 16 wherein the targeting task is a target discriminating task. 17. The system of claim 16 wherein the targeting task is a target discriminating task. 18. The system of claim 16 wherein modifying the time-varying aspect of one or both of the primary task or the interference comprises modifying a trajectory of motion of a target object. 18. The system of claim 16 wherein modifying the time-varying aspect of one or both of the primary task or the interference comprises modifying a trajectory of motion of a target object. 19. The system of claim 10 wherein modifying the time-varying aspect of one or both of the primary task or the interference is performed in real-time as feedback based on the data indicative of the first response and the second response. 19. The system of claim 10 wherein modifying the time-varying aspect of one or both of the primary task or the interference is performed in real-time as feedback based on the data indicative of the first response and the second response. 20. A non-transitory computer-readable medium comprising executable processor-executable instructions stored thereon that, when executed by a processing unit, command the processing unit to perform one or more operations, the one or more operations comprising: render a first instance of a primary task with an interference at a graphical user interface of a user interface device, wherein the primary task comprises one or more first computerized stimuli or interaction comprising one or more graphical objects configured to prompt a first response from an individual to the first instance of the primary task in the presence of the interference via an input device of the user interface device; render a second instance of the primary task without the interference at the graphical user interface, wherein the second instance of the primary task without the interference is configured to require a second response from the individual to the second instance of the primary task; wherein the processing unit is configured to: (i) receive a secondary response to the interference at substantially the same time as the processing unit receives the second response; or (ii) receive the secondary response to the interference that is an interruptor at substantially the same time as the processing unit receives the first response and not receive the secondary response to the interference that is a distraction at substantially the same time that the processing unit receives the first response; receive data indicative of the first response and the second response; and modify a time-varying aspect of one or both of the primary task or the interference in response to receiving the data indicative of the first response and the second response. 20. A non-transitory computer-readable medium comprising executable processor-executable instructions stored thereon that, when executed by a processing unit, command the processing unit to perform one or more operations, the one or more operations comprising: render a first instance of a primary task with an interference at a graphical user interface of a user interface device, wherein the primary task comprises one or more first computerized stimuli or interaction comprising one or more graphical objects configured to prompt a first response from an individual to the first instance of the primary task in the presence of the interference via an input device of the user interface device; render a second instance of the primary task without the interference at the graphical user interface, wherein the second instance of the primary task without the interference is configured to require a second response from the individual to the second instance of the primary task; wherein the processing unit is configured to: (i) receive a secondary response to the interference at substantially the same time as the processing unit receives the second response; or (ii) receive the secondary response to the interference that is an interrupter at substantially the same time as the processing unit receives the first response and not receive the secondary response to the interference that is a distraction at substantially the same time that the processing unit receives the first response; receive data indicative of the first response and the second response; and modify a time-varying aspect of one or both of the primary task or the interference in response to receiving the data indicative of the first response and the second response. Allowable Subject Matter with respect to 102/103 Claims 1-20 are identical to the issued parent U.S. Patent No. 12016700 as discussed above and so would be allowable with respect to 102/103 as discussed in the parent application’s reasons for allowance, see 18/215108 Notice of Allowance of 3/20/2024 p. 6. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jonathan T Kuo whose telephone number is (408)918-7534. The examiner can normally be reached M-F 10 a.m. - 6 p.m. PT. 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, Niketa Patel can be reached at 571-272-4156. 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. /JONATHAN T KUO/Primary Examiner, Art Unit 3792
Read full office action

Prosecution Timeline

Jun 25, 2024
Application Filed
Mar 12, 2026
Non-Final Rejection mailed — §101 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
99%
With Interview (+27.1%)
2y 11m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 465 resolved cases by this examiner. Grant probability derived from career allowance rate.

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