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 .
Claims Accounting
Applicant's arguments, filed 07/29/2029, have been fully considered.
The following rejections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Applicants have amended their claims, filed 07/29/2026, and therefore rejections newly made in the instant office action have been necessitated by amendment.
Claims 1 and 5 have been amended.
Claims 9-12 are newly presented.
Claims 1-12 are the current claims hereby under examination.
Claim Interpretation
The claim interpretation discussed in the Non-final Office action dated 04/30/2026 is maintained.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Publication 2008/0275358 by Freer et al. – previously cited, hereinafter “Freer”.
Regarding claim 1, Freer teaches a device for executing a method for performing recovery functions (Fig. 4A, [0074]; Training environment 206 implemented on computer 220), used in conjunction with a brainwave detector (Fig. 4A, [0074]; sensor headband 212), comprising: a display unit configured to display at least one object initial information of an application program (Fig. 4A-4E displays the training environment 206 on touch screen computer display 226. The initial screen of the training environment can be considered the object initial information as it is the starting point.); a brainwave signal receiving module for receiving at least one brainwave signal from the brainwave detector (Fig. 4A, [0074]; Brainwave monitoring unit 216 connected to sensor headband 212 collects brainwave signals from the sensors); a memory unit configured to store the brainwave signal ([0064-0065, 0074]; “Implemented within the programmed computer 220 are functions related to the attentional brainwave monitors 208 and 210”. The functions related to the attentional brainwave monitors includes filtering data and determining whether the trainee is in a focused or unfocused state. In order to complete these functions, the computer must have a memory to store the brainwave signals for processing. It is noted that brainwave monitor 208 is essentially identical to the attentional brainwave monitor 102 ([0074]), and therefore requires the same functions.); an analysis and judgment unit analyzing and judging brainwave pattern information or brainwave characteristic information of the at least one brainwave signal so as to determine a mental activity classification of the brainwave signal ([0064-0065]; the attentional brainwave monitor 208 (similar to attentional brainwave monitor 102) determines the mental state of trainee 202 based on the brainwave signals), and generating at least one mental activity classification information according to the mental activity classification, wherein the mental activity classification information comprises an attention information or a rest information ([0064]; the brainwave monitor determines the level of attention of an individual (i.e., mental activity classification information) based on the brainwaves by comparing the signal magnitude in relevant frequency bands as exceeding or not exceeding a predetermined threshold, classifying the level of attention as a binary “yes” (i.e., attention) or “no” (i.e., rest).), or the mental activity classification information comprises an attention intensity information or a rest intensity information; and a recover control unit generating alteration information based on the mental activity classification information (Figs. 4A-E, [0074-0077]; The interaction with the training environment and the training environment’s state as activated or not activated is based on the mental classification information. The alteration information can be considered the features only available in the training environment when in a focused attention state, such as actionable element 230. Actionable element 230 increases in size when available, and this change can be considered the alteration information. It is noted that “Implemented within the programmed computer 220 are functions related to the attentional brainwave monitors 208 and 210, depending on design considerations for a particular system” ([0074]). The recover control unit can be considered the stored programs on the computer related to the functions of the recover unit.), changing the object initial information into object expectation information according to the alteration information, and displaying the object expectation information on the display unit (Fig. 4B-C; [0067-0070], actionable element 230 is enlarged (the object expectation information can be considered the enlarged element, and the changing can be considered the act of enlarging the element.) is displayed on the display 226 according the alteration information (i.e., the training environment being in an interactable state due to the focused attention state of the trainee)); wherein, the alteration information comprises information that is added to or subtracted from the object initial information, or information that is altered from the object initial information (Fig. 4B; [0070], the object is enlarged (i.e. altered information related to the size) corresponding to the subject being in a focused state and selecting the object); and wherein, the analysis and judgment unit analyzes and judges the brainwave signal by using a spectrum analysis model, a signal analysis model, a machine learning model or a deep learning model ([0064]; “brain wave signals are bandpass-filtered to determine signal magnitude within at least one of the relevant frequency bands, and this determined magnitude is employed as indicating the level of attention of an individual.” This comprises a spectrum analysis model, as the relevant frequency bands are separate spectrums.).
Regarding claim 2, Freer teaches the device of claim 1, wherein the brainwave signal receiving module receives at least two of the brainwave signals (Fig. 4A-D, [0075-0076]; “The trainees 202 and 204 are using respective attentional brainwave monitors 208 and 210, each of which is essentially identical to the attentional brainwave monitor 102”. Both trainees must achieve and maintain their individual focused attention states to proceed with the training session.); the analysis and judgment unit analyzes and judges the brainwave signals respectively, and generates at least two of the mental activity classification information for the at least two brainwave signals respectively ([0075-0077]; in order for the trainees to interact with the training environment, both must achieve and maintain focused attention states. Since this state is determined for both trainees, the mental activity classification information is generated for at least two brainwave signals respectively); and the recover control unit generates the alteration information based on the at least two of the mental activity classification information ([0075-0077]; The alteration information comprises the actionable element 230 being able to be utilized).
Regarding claim 3, Freer teaches the device of claim 1, wherein the device further comprises a sound module, which is configured to output a sound related to the object expectation information ([0076-0077]; distraction 232 comprises a loud (i.e., producing a sound) and visible bell 232 that has been introduced into the environment which affects (i.e., is related to) the attention state of the trainees and whether they can continue the training session.).
Regarding claim 4, Freer teaches the device of claim 1, wherein the object initial information or the object expectation information comprises a text information, a pattern information, an image information, a symbol information, a sound information, or a combination thereof ([0074-0075]; The actionable element 230 within training environment 206 is an image displayed on the monitor 220, thereby defining an image information.).
Regarding claim 5, Freer teaches a method for performing recovery functions with a device (Fig. 4A, [0066]; The method of implementing training environment 206 and administering it to the trainee(s) via computer 220), comprising: a first step of configuring a display unit to display at least one object initial information of an application program (Fig. 4A-4E displays the training environment 206 on touch screen computer display 226. The initial screen of the training environment can be considered the object initial information as it is the starting point.); a second step of receiving at least one brainwave signal by a brainwave signal receiving module (Fig. 4A, [0074]; Brainwave monitoring unit 216 connected to sensor headband 212, the computer carries out the methods of the brainwave monitor, and therefore the brainwave signal must be received by the module prior to analysis.), wherein the brainwave signal is stored in a memory unit ([0064-0065, 0074]; “Implemented within the programmed computer 220 are functions related to the attentional brainwave monitors 208 and 210”. The functions related to the attentional brainwave monitors includes filtering data and determining whether the trainee is in a focused or unfocused state. In order to complete these functions, the computer must have a memory to store the brainwave signals for processing. It is noted that brainwave monitor 208 is essentially identical to the attentional brainwave monitor 102 ([0074]), and therefore requires the same functions.); a third step of analyzing and judging brainwave pattern information or brainwave characteristic information of the at least one brainwave signal by an analysis and judgment unit so as to determine a mental activity classification of the brainwave signal ([0064-0065]; the attentional brainwave monitor 208 (similar to attentional brainwave monitor 102) determines the mental state of trainee 202 based on the brainwave signals), and generating at least one mental activity classification information according to the mental activity classification, wherein the mental activity classification information comprises an attention information or a rest information ([0064]; the brainwave monitor determines the level of attention of an individual (i.e., mental activity classification information) based on the brainwaves by comparing the signal magnitude in relevant frequency bands as exceeding or not exceeding a predetermined threshold, classifying the level of attention as a binary “yes” (i.e., attention) or “no” (i.e., rest).), or the mental activity classification information comprises an attention intensity information or a rest intensity information; and a fourth step of generating alteration information based on the mental activity classification information by a recover control unit (Figs. 4A-E, [0074-0077]; The interaction with the training environment and the training environment’s state as activated or not activated is based on the mental classification information. The alteration information can be considered the features only available in the training environment when in a focused attention state, such as actionable element 230. Actionable element 230 increases in size when available, and this change can be considered the alteration information.), changing the object initial information into object expectation information according to the alteration information, and displaying the object expectation information on the display unit (Fig. 4B-C; [0067-0070], actionable element 230 is enlarged (the object expectation information can be considered the enlarged element, and the changing can be considered the act of enlarging the element.); wherein, the alteration information comprises information that is added to or subtracted from the object initial information, or information that is altered from the object initial information (Fig. 4B; [0070], the object is enlarged (i.e. altered information related to the size) corresponding to the subject being in a focused state and selecting the object); and wherein, the analysis and judgment unit analyzes and judges the brainwave signal by using a spectrum analysis model, a signal analysis model, a machine learning model or a deep learning model ([0064]; “brain wave signals are bandpass-filtered to determine signal magnitude within at least one of the relevant frequency bands, and this determined magnitude is employed as indicating the level of attention of an individual.” This comprises a spectrum analysis model, as the relevant frequency bands are separate spectrums.).
Regarding claim 6, Freer teaches the method of claim 5, wherein in the second step, the brainwave signal receiving module receives at least two of the brainwave signals (Fig. 4A-D, [0075-0076]; “The trainees 202 and 204 are using respective attentional brainwave monitors 208 and 210, each of which is essentially identical to the attentional brainwave monitor 102”. Both trainees must achieve and maintain their individual focused attention states to proceed with the training session.); in the third step, the analysis and judgment unit analyzes and judges brainwave pattern information or brainwave characteristic information of the at least two brainwave signals respectively so as to determine mental activity classifications of the brainwave signals, and generates at least two of the mental activity classification information for the at least two brainwave signals respectively ([0075-0077]; in order for the trainees to interact with the training environment, both must achieve and maintain focused attention states. Since this state is determined for both trainees, the mental activity classification information is generated for at least two brainwave signals respectively); and in the fourth step, the recover control unit generates the alteration information based on the at least two of the mental activity classification information ([0075-0077]; The alteration information comprises the actionable element 230 being able to be utilized.).
Regarding claim 7, Freer teaches the method of claim 5, wherein a sound related to the object expectation information is outputted by a sound module ([0076-0077]; distraction 232 comprises a loud (i.e., producing a sound) and visible bell 232 that has been introduced into the environment which affects (i.e., is related to) the attention state of the trainees and whether they can continue the training session.).
Regarding claim 8, Freer teaches the method of claim 5, wherein the object initial information or the object expectation information comprises a text information, a pattern information, an image information, a symbol information, a sound information, or a combination thereof ([0074-0075]; The actionable element 230 within training environment 206 is an image displayed on the monitor 220, thereby defining an image information.).
Regarding claim 9, Freer teaches the device of claim 1, wherein the object expectation information is used as the object initial information for a next mental activity ([0077]; The object expectation information is used as the initial information for the next action of actuating the actionable element 230. This trainee controlling this element with their finger can be considered the next mental activity, as it requires a level of mental focus to complete the task).
Regarding claim 11, Freer teaches the method of claim 5, wherein the object expectation information is used as the object initial information for a next mental activity ([0077]; The object expectation information is used as the initial information for the next action of actuating the actionable element 230. This trainee controlling this element with their finger can be considered the next mental activity, as it requires a level of mental focus to complete the task).
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 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Freer, as applied to claims 2 and 6, in view of US Patent Publication 2019/0274630 by Wakita et al., hereinafter “Wakita”.
Regarding claim 10, Freer teaches the device of claim 2, but does not teach wherein, when one of the at least two brainwave signals reaches an attention threshold and another one of the at least two brainwave signals does not reach the attention threshold, the recover control unit generates an intermediate alteration information and displays the intermediate alteration information on the display unit.
Fig. 17 of Wakita teaches a method of changing the displayed degree of progress of a task related to the mental state of a user (concentration or relaxation). Wakita teaches that the size of the object may increase as the target mental state is being approached. When the task has an intermediate value, an image of an intermediate size may be displayed ([0200-0201]). Providing visual feedback allows the user to perceive output information by the principle of biofeedback, which can help the user to learn to stabilize their internal state (i.e., mental state) ([0198]).
It would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to have modified the device taught by Freer such that when one of the at least two brainwave signals reaches an attention threshold and another one of the at least two brainwave signals does not reach the attention threshold, the recover control unit generates an intermediate alteration information and displays the intermediate alteration information on the display unit, in order to provide biofeedback to help the user to learn to stabilize their internal state, as taught by Wakita ([0198]). It is noted that in the device of Freer, the attention states are above or below a threshold. When both users are present, both attention states must be above the threshold to achieve the enlargement of the actionable item. Therefore, the combination with Wakita allows for the visualization of the progress of both users’ mental states being above or below the threshold. If one user is above the threshold, and the other user is below the threshold, then the enlargement of the image would be intermediate, thereby comprising intermediate alteration information. Freer and Wakita are considered analogous art as they are both directed towards the change in size of an image in response to the mental state of one or more users.
Regarding claim 12, Freer teaches the method of claim 6, but does not teach wherein, when one of the at least two brainwave signals reaches an attention threshold and another one of the at least two brainwave signals does not reach the attention threshold, the recover control unit generates an intermediate alteration information and displays the intermediate alteration information on the display unit.
It would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to have modified the method of Freer in view of Makita, in the manner as described above with respect to claim 10, in order to provide biofeedback to help the user to learn to stabilize their internal state, as taught by Wakita ([0198]).
Response to Arguments
Applicant’s arguments, filed 07/29/2026 have been fully considered.
The amendments to the claims overcome the rejections of record under 35 U.S.C. 112(b) of claims 1-8.
Applicant’s assertion regarding the rejection of claim 1 under 35 U.S.C. 102 is acknowledged. Applicant argues that the availability or operability of an existing actionable element does not read on the limitation of “alteration information”. This argument is not found persuasive. Freer teaches that the element 230 is a part of the training environment, however, the change in the element 230 comprises an alteration, and therefore reads on the limitation of “alteration information”. Further, it is noted that the size of the element is a form of information. Therefore, the enlargement of the actionable element comprises a change, or alteration, to the information of that element. The enlargement, or alteration in information of the size of the element of Freer is linked to the operability of an existing element. The rejections of claims 1 and 5 rely on the enlargement and the availability of elements as “alteration information”. The rejections of claims 1 and 5 have been amended to clarify this distinction.
Applicant argues that Freer does not include the limitations of the recover control unit or the corresponding method steps present in amended claim 5. This argument is not found persuasive. The rejection of claim 1 (and corresponding limitations in claim 5) is based on Figs. 4A-E of Freer, which includes a computer 220 to carry out the functional limitations of the training environment. The rejections of claims 1 and 5 recite “Implemented within the programmed computer 220 are functions related to the attentional brainwave monitors 208 and 210, depending on design considerations for a particular system.” ([0074]). The recover control unit can be considered the stored programs on the computer related to the functions of the recover unit. The alteration of the elements of the training environment from an object initial information (default element) to an object expectation information (enlarged element) must be processed by the code on the programmed computer 220, which defines a recover control unit. Based on the interpretation under 35 U.S.C. 112(f), any combination of hardware and software capable of completing the functional limitations of the recover control unit will read on the claim limitations. The rejections of claims 1 and 5 have been amended to clarify that the programmed computer contains the programs necessary to perform the functions of the recover control unit. It is noted that the discussed clarifications to the rejections of claims 1 and 5 do not constitute new rejections, but clarifications of the rejections previously applied.
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.
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/NELSON ALEXANDER GLOVER/ Examiner, Art Unit 3791
/ADAM J EISEMAN/ Primary Examiner, Art Unit 3791
