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
The present application is being examined under the pre-AIA first to invent provisions.
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.
Claims 1-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites obtaining a first parameter indicating a subjective mood of a user, a second parameter indicating a subjective excitement degree of the user, and a third parameter indicating a subjective relaxation degree of the user; estimating an emotion parameter indicating an emotion of the user based on the first parameter obtained, the second parameter obtained, and the third parameter obtained; and outputting information related to the emotion parameter. It recites a method for “obtaining subjective parameters, estimating an emotion parameter indicating an emotion of the user based on the first parameter obtained and outputting information”.
Mathematical Concept “the step of estimating an emotion parameter based on based on the first parameter obtained, the second parameter obtained, and the third parameter obtained is an abstract mathematical algorithm. It takes numerical inputs and process them through a mathematical relationship to generate a numerical output.
Mental Process/Collecting Data “subjective value like “mood, excitement and relaxation” represent data and calculate within human mind organization (e.g. a mental checklist or pen-and-paper). If a claim limitation, under its broadest reasonable interpretation, is an action of certain methods of organizing human activity, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claimed elements recite an abstract idea. This judicial exception is not integrated into a practical application.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fukino et al. (US Patent Application Publication No. 2020/0387267) in view of Fukino et al. (US Patent Application Publication No. 2018/0336276).
Regarding claim 1, Fukino ‘267 discloses an emotion estimation method comprising [see abstract; acquiring a plurality of images related to intensities of at least one emotion; displaying the plurality of images in a selectable manner in a display]: obtaining a first parameter indicating a subjective mood of a user [see para. 0007; acquiring a plurality of images related to intensities of at least one emotion; displaying the plurality of images in a selectable manner in a display; acquiring an intensity of the at least one emotion to which an image that a user has selected from the plurality of images is related and designating the acquired intensity as a current emotional state that indicates a user's current emotional state; which corresponds to images related to intensities of emotions], a second parameter indicating a subjective excitement degree of the user [see para. 0089; The intensities of an emotion may be expressed as values of the arousal level and an emotional valence, for example. The current emotional state and the target emotional state are expressed as coordinate values in a coordinate plane with its horizontal and vertical axes representing the intensities of the respective emotions. More specifically, the current emotional state and the target emotional state are expressed as coordinate values at two-dimensional coordinates with its horizontal axis representing the emotional valence and its vertical axis representing the arousal level; which corresponds to plane with axes for emotion intensities], and a third parameter indicating a subjective relaxation degree of the user [see para. 0207, when the user who is relaxed in a living room uses the content providing system, the user is expected to be in the mood for being ready to select a music content in detail. In this case, the terminal device 1 display a plurality of images on two emotion axes from the beginning. For example, the terminal device 1 display a plurality of images through which the user selects the arousal level, the emotional valence, the tension, and the complexity in this order and In this case, the user's current feeling (arousal level) is “0”. Thus, if listening to a music content having a tempo of 60 bpm, the user feels that the music content of a lower arousal level is being played; which corresponds to low arousal relaxation intensities]; however, Fukino ‘267 fails to explicitly teach estimating an emotion parameter indicating an emotion of the user based on the first parameter obtained, the second parameter obtained, and the third parameter obtained; and outputting information related to the emotion parameter.
Fukino ‘276 discloses estimating an emotion parameter indicating an emotion of the user based on the first parameter obtained, the second parameter obtained [see para. 0036; 0123; the physiological data includes at least one of the user's blood flow, heart rate, pulse rate, brain wave, and blood pressure, the present emotional state of the user estimated based on the at least one of the user's blood flow, heart rate, pulse rate, brain wave, and blood pressure], and the third parameter obtained [see para. 0032, 0055 and figure 2; With this configuration, because the target emotional state value and the present emotional state value are represented by two-dimensional coordinates indicating arousal degree and emotional valence, the emotional state of the user can be represented by two values of arousal degree and emotional valence and arousal degree is represented by a value from −1.0 (sleepiness) to +1.0 (arousal), and emotional valence is represented by a value from −1.0 (displeasure) to +1.0 (pleasure). The user selects a desired position in the circumplex model of affect in accordance with the emotional state targeted by the user; which corresponds to present emotional state value calculated]; and outputting information related to the emotion parameter [see para. 0040-0042; A content providing program causes a computer to function as a target emotional state value acquirer that acquires a target emotional state value representing an emotional state targeted by a user, a physiological data acquirer that acquires physiological data of the user, a present emotional state value calculator that calculates a present emotional state value representing a present emotional state of the user based on the physiological data, a difference value calculator that calculates a difference value between the target emotional state value and the present emotional state value, and a content determiner that determines a content for changing the emotional state in accordance with the difference value; which corresponds to outputs content based on differences].
It would have been obvious to one of an ordinary skill in the art, having the teachings of Fukino ‘267 and Fukino ‘276 before the affective filing date of the claimed invention to modify, images selection for emotion intensities of Fukino ‘267 to provide difference based content coordinates, as taught by Fukino ‘276.
One would have been motivated to make such a combination in order to enable more precise and accessible emotional state estimation, resulting in improved personalization and user outcomes in content recommendation.
Regarding claim 2, Fukino ‘267 discloses wherein the emotion parameter is represented as coordinates of a plane defined by a first axis indicating a comfort degree and a second axis indicating an arousal degree [see para. 0048, 0089 and figure 16; The intensities of an emotion may be expressed as values of the arousal level and an emotional valence, for example. The current emotional state and the target emotional state are expressed as coordinate values in a coordinate plane with its horizontal and vertical axes representing the intensities of the respective emotions. More specifically, the current emotional state and the target emotional state are expressed as coordinate values at two-dimensional coordinates with its horizontal axis representing the emotional valence and its vertical axis representing the arousal level], a starting point on the plane is determined based on the first parameter, and the emotion parameter is estimated by moving the starting point according to a first movement amount and a second movement amount [see para. 0184, 0185 and figure 21; Displayed on the coordinate selection screen are the coordinate plane with its horizontal and vertical axes representing the intensities of the two emotions and the coordinate points corresponding to the current emotional state and the target emotional state, the horizontal axis represents the emotional valence, and the vertical axis represents the arousal level. In the starting point indicates the coordinate point corresponding to the current emotional state, and a goal point indicates the coordinate point indicating the target emotional state. Also displayed on the coordinate selection screen is an arrow extending from the starting point to the goal point].
Fukino ‘276 discloses the first movement amount being based on the second parameter along a third axis obtained by rotating the first axis by a first angle with respect to an origin of the plane, the second movement amount being based on the third parameter along a fourth axis obtained by rotating the second axis by a second angle with respect to the origin [see para. 0053-0055 and figure 2; the vertical axis represents arousal degree and the horizontal axis represents emotional valence. The target emotional state value is represented by two-dimensional coordinates indicating arousal degree and emotional valence. The target emotional state inputter displays the two-dimensional coordinates and receives an input of the target emotional state value by the user on the displayed two-dimensional coordinates. Arousal degree is represented by a value from −1.0 (sleepiness) to +1.0 (arousal), and emotional valence is represented by a value from −1.0 (displeasure) to +1.0 (pleasure). The user selects a desired position in the circumplex model of affect in accordance with the emotional state targeted by the user; which corresponds to use of the arousal degree and valence in 2D coordinates].
One would have been motivated to make such a combination in order to enable more precise and accessible emotional state estimation, resulting in improved personalization and user outcomes in content recommendation.
Regarding claim 3, Fukino ‘276 discloses wherein both the first angle and the second angle are degrees, the third axis is an axis indicating the excitement degree, and the fourth axis is an axis indicating the relaxation degree [see para. 0054 and figure 2-3; The target emotional state value is represented by two-dimensional coordinates indicating arousal degree and emotional valence. The target emotional state inputter displays the two-dimensional coordinates and receives an input of the target emotional state value by the user on the displayed two-dimensional coordinates. The two-dimensional coordinates. Arousal degree is represented by a value from −1.0 (sleepiness) to +1.0 (arousal), and emotional valence is represented by a value from −1.0 (displeasure) to +1.0 (pleasure). The user selects a desired position in the circumplex model of affect in accordance with the emotional state targeted by the user].
Regarding claim 4, Fukino ‘276 discloses a content determination method comprising: obtaining the emotion parameter estimated by the emotion estimation [see para. 0036; 0123; the physiological data includes at least one of the user's blood flow, heart rate, pulse rate, brain wave, and blood pressure, the present emotional state of the user estimated based on the at least one of the user's blood flow, heart rate, pulse rate, brain wave, and blood pressure]; determining content to be provided to the user, based on the emotion parameter obtained; and outputting information related to the content determined [see para. 0040-0042; A content providing program causes a computer to function as a target emotional state value acquirer that acquires a target emotional state value representing an emotional state targeted by a user, a physiological data acquirer that acquires physiological data of the user, a present emotional state value calculator that calculates a present emotional state value representing a present emotional state of the user based on the physiological data, a difference value calculator that calculates a difference value between the target emotional state value and the present emotional state value, and a content determiner that determines a content for changing the emotional state in accordance with the difference value; which corresponds to outputs content based on differences].
Regarding claim 5, Fukino ‘267 discloses further comprising: obtaining a target parameter indicating a target emotion for the user [see para. 0184; The current emotional state is expressed as a coordinate value in the coordinate plane with its horizontal and vertical axes representing the intensities of the two emotions. After acquiring the current emotional state, the display controller causes the display unit to display the coordinate plane together with the coordinate point indicating the current emotional state. Then, by using the input unit, the user selects the coordinate point in the coordinate plane which corresponds to the user's target emotional state. The target emotional state acquisition unit of the server acquires the coordinate point in the coordinate plane which corresponds to the target emotional state selected by the user and then designates a coordinate value of the acquired coordinate point as the target emotional state. Displayed on the coordinate selection screen are the coordinate plane with its horizontal and vertical axes representing the intensities of the two emotions and the coordinate points corresponding to the current emotional state and the target emotional state]; determining the content based on a difference between the emotion parameter and the target parameter [see para. 0188; the music content determination unit calculates an emotional state change value indicating a difference between the current emotional state and the target emotional state by subtracting the intensity of the emotion indicating the current emotional state from the intensity of the emotion indicating the target emotional state].
One would have been motivated to make such a combination in order to enable more precise and accessible emotional state estimation, resulting in improved personalization and user outcomes in content recommendation.
Regarding claim 6, Fukino discloses further comprising: setting, based on the difference, an induction parameter indicating an emotion that the user is induced to feel, to cause the emotion parameter to approach the target parameter; and determining the content based on the induction parameter [see para. 0230 and figures 20, 26; When the user is in a normal state, in other words, when his/her current feeling (arousal level) is “0”, his/her heart rate is 60 bpm. In this case, a music content representing the user's current feeling (arousal level) can have a tempo of 60 bpm. If the user's current feeling (arousal level) is “0” after the user has run, his/her heart rate can be 120 bpm. In this case, the user's current feeling (arousal level) is “0”. Thus, if listening to a music content having a tempo of 60 bpm, the user feels that the music content of a lower arousal level is being played].
Regarding claim 7, Fukino ‘267 discloses a non-transitory computer-readable recording medium having recorded thereon a computer program for causing a computer to execute the emotion estimation method [see para. 0061; a non-transitory computer-readable recording medium that stores a content selection program causes a computer to perform].
Regarding claim 8, Fukino ‘276 discloses a non-transitory computer-readable recording medium having recorded thereon a computer program for causing a computer to execute the content determination method [see para. 0043; a computer program executed by a computer including a processor, a memory, the computer program may be recorded in a computer-readable non-transitory recording medium.
Regarding claims 9 and 10; Fukino ‘267 discloses an emotion estimation method comprising [see abstract; acquiring a plurality of images related to intensities of at least one emotion; displaying the plurality of images in a selectable manner in a display]: an input interface that obtains a first parameter indicating a subjective mood of a user [see para. 0007; acquiring a plurality of images related to intensities of at least one emotion; displaying the plurality of images in a selectable manner in a display; acquiring an intensity of the at least one emotion to which an image that a user has selected from the plurality of images is related and designating the acquired intensity as a current emotional state that indicates a user's current emotional state; which corresponds to images related to intensities of emotions], a second parameter indicating a subjective excitement degree of the user [see para. 0089; The intensities of an emotion may be expressed as values of the arousal level and an emotional valence, for example. The current emotional state and the target emotional state are expressed as coordinate values in a coordinate plane with its horizontal and vertical axes representing the intensities of the respective emotions. More specifically, the current emotional state and the target emotional state are expressed as coordinate values at two-dimensional coordinates with its horizontal axis representing the emotional valence and its vertical axis representing the arousal level; which corresponds to plane with axes for emotion intensities], and a third parameter indicating a subjective relaxation degree of the user [see para. 0207, when the user who is relaxed in a living room uses the content providing system, the user is expected to be in the mood for being ready to select a music content in detail. In this case, the terminal device 1 display a plurality of images on two emotion axes from the beginning. For example, the terminal device 1 display a plurality of images through which the user selects the arousal level, the emotional valence, the tension, and the complexity in this order and In this case, the user's current feeling (arousal level) is “0”. Thus, if listening to a music content having a tempo of 60 bpm, the user feels that the music content of a lower arousal level is being played; which corresponds to low arousal relaxation intensities]; however, Fukino ‘267 fails to explicitly teach a signal processing circuit that estimates an emotion parameter indicating an emotion of the user based on the first parameter obtained, the second parameter obtained, and the third parameter obtained; and outputting information related to the emotion parameter.
Fukino ‘276 discloses a signal processing circuit that estimates an emotion parameter indicating an emotion of the user based on the first parameter obtained, the second parameter obtained [see para. 0036; 0123; the physiological data includes at least one of the user's blood flow, heart rate, pulse rate, brain wave, and blood pressure, the present emotional state of the user estimated based on the at least one of the user's blood flow, heart rate, pulse rate, brain wave, and blood pressure], and the third parameter obtained [see para. 0032, 0055 and figure 2; With this configuration, because the target emotional state value and the present emotional state value are represented by two-dimensional coordinates indicating arousal degree and emotional valence, the emotional state of the user can be represented by two values of arousal degree and emotional valence and arousal degree is represented by a value from −1.0 (sleepiness) to +1.0 (arousal), and emotional valence is represented by a value from −1.0 (displeasure) to +1.0 (pleasure). The user selects a desired position in the circumplex model of affect in accordance with the emotional state targeted by the user; which corresponds to present emotional state value calculated]; and output interface information related to the emotion parameter [see para. 0040-0042; A content providing program causes a computer to function as a target emotional state value acquirer that acquires a target emotional state value representing an emotional state targeted by a user, a physiological data acquirer that acquires physiological data of the user, a present emotional state value calculator that calculates a present emotional state value representing a present emotional state of the user based on the physiological data, a difference value calculator that calculates a difference value between the target emotional state value and the present emotional state value, and a content determiner that determines a content for changing the emotional state in accordance with the difference value; which corresponds to outputs content based on differences].
It would have been obvious to one of an ordinary skill in the art, having the teachings of Fukino ‘267 and Fukino ‘276 before the affective filing date of the claimed invention to modify, images selection for emotion intensities of Fukino ‘267 to provide difference based content coordinates, as taught by Fukino ‘276.
One would have been motivated to make such a combination in order to enable more precise and accessible emotional state estimation, resulting in improved personalization and user outcomes in content recommendation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (See PTO-892).
Silawan (US 10,863,939) discloses an emotion estimating method includes: acquiring first data and second data from the subject, the first data corresponding to physiology data, and the second data corresponding to one of physiology data different from the first data and non-physiology data; calculating a first value and a second value based on the acquired first data and second data, the first value indicating a degree of arousal of the subject and the second value indicating a degree of valence of the subject; estimating the emotion of the subject, by using the calculated first value and second value and based on a predetermined association of people's emotions with a degree of arousal and a degree of valence of the people, the predetermined association being pre-stored in a memory; and outputting information indicating the estimated emotion.
Garten et al. (US 2015/0297109) discloses a system and method may be provided for associating bio-signal data (e.g. EEG brain scan data) from at least one user with at least one music data item (e.g. song, or piece of music). By associating bio-signal data, or emotions determined therefrom, with music, the system may establish a data store of music associated with emotions.
A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for all that it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed were instead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck & Co. v. Biocraft Labs., Inc., 874 F.2d 804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1,215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAO H NGUYEN whose telephone number is (571)272-4053. The examiner can normally be reached on Mon-Fri 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kieu Vu can be reached on 571-272-4057. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAO H NGUYEN/ Primary Examiner, Art Unit 2171
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