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 .
Application Status
Present office action is in response to amendment filed 03/27/2026. Claims 1 and 2 are amended. Claims 8 and 9 are added. Claims 1-9 are currently pending in the 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 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.
Claims 1-9 are rejected under 35 U.S.C. 103 as obvious over BACH et al. (US 20200008725 A1) (BACH) in view of Kuan et al. (US 20220361801 A1) (Kuan) and JEYANANDARAJAN (US 20220061735 A1).
Re claims 1-9:
[Claims 1-9] BACH teaches or at least suggests a method for neurofeedback training to output brain-area reality(at least ¶ 11: …method provides visualized brain state feedback derived from a stream of neurophysiological sensor data directly to the subject whose brain state is being visualized), comprising the following steps: transmitting physical and mental parameters related to a subject as a neurophysiological signal, wherein the physical and mental parameters include brainwave data collected from the subject, ([Claim 3]) wherein the physical and mental parameters are collected through a brain wave collection device, ([Claim 4]) wherein the physical and mental parameters are receiving scalp EEG signals from one or more channel (at least ¶ 11: … method uses neurophysiological sensor data and correlated performance data (at least) to identify brain pathways associated with a given task and signatures (representative patterns) of task-driven brain activity; ¶ 79: EEG brain data images 1501 are generated from the raw brain data 1401 features obtained (as encoded and compressed by the variational autoencoder 1203,… based on the spatial location of the features, optodes, or electrodes on the user's head; ¶ 80: … data samples collected by trial and separated by electrode location; ¶ 97: Neurophysiological measurements can be taken in conjunction with a stimulus, … such as a subject taking a behavioral test, viewing content or engaging in a work-related task; ¶ 98: neurophysiological sensors include a portable electroencephalograph (EEG); ¶ 119: NEPAS 100 comprises a neurometric interface 120 (also referred to as neurophysiological sensor interface or neurometric monitor), an optional physiological sensor interface 130, and a behavioral task interface 110. Digital signal processors (DSPs) 111 digitize any analog information collected by these interfaces 110, 120, and 130, and deliver neurophysiological data 102, physiological data 103, and performance data 101, respectively, to a data interface and logger/recorder 14; ¶ 121: EEG sensors … distributed among a smaller surface area of the head; ¶ 127: the neurometric interface 120 comprises a plurality of neurophysiological sensors arranged on a base, such as a headband or virtual reality headset 137, plus a power supply and a transmitter that transmits neurometric data to the recorder. The base is configured to be worn on the subject's head and to place the neurophysiological sensors in contact with the head; ¶ 210: equip one or more participants with neurophysiological sensors of brain activity … the participant(s) perform(s) a series of selected tasks … the neurophysiological sensor(s) generate brain activity signals, a signal processor processes them into data, and a memory controller stores the processed data … show each participant a visualization of the participant's brain activity while the subject performs the tasks); performing signal processing, feature extraction and pattern determination on the neurophysiological signal; providing a neurophysiological feedback parameter and performing a brain area network activity (at least ¶ 11: … method uses neurophysiological sensor data and correlated performance data (at least) to identify brain pathways associated with a given task and signatures (representative patterns) of task-driven brain activity; ¶ 119: The NEPAS 100 comprises a neurometric interface 120 (also referred to as neurophysiological sensor interface or neurometric monitor), an optional physiological sensor interface 130, and a behavioral task interface 110. Digital signal processors (DSPs) 111 digitize any analog information collected by these interfaces 110, 120, and 130, and deliver neurophysiological data 102, physiological data 103, and performance data 101, respectively, to a data interface and logger/recorder 140 …).
BACH appears to be silent on but Kuan teaches or at least suggests 19-channel Electroencephalography (EEG) , and wherein the brainwave data collected from the subject are converted into a score X; the pattern determination involves comparing the score X with a brainwave database to generate a benchmark point, the difference between the benchmark point and a norm is used to determine a case cluster of the subject; performing a brain area network activity, the score X is compared to an ideal score Y derived from a norm of brainwave patterns in a brainwave database, and the neurophysiological feedback parameter is provided to the subject when a difference between X and Y is reduced to a certain ratio (at least ¶ 8: the biological database is about brain wave data of 19 channels; ¶ 9: a cloud server which converts 19-channel brain waves into characteristics including vibration, frequency, brain wave location, and brain wave pattern through calculating frequency spectrum; ¶ 12: feedback result based on locations of the 19 channels is used to build an active area of brain by a combination of brain wave patterns to train a specific area of the brain; ¶ 13: local brain wave collection device is a brain wave detection cap; ¶ 14: providing real-time biological feedback training through remote transmission, which includes using a local brain wave collection device 10 to detect a brain wave; ¶ 19: the feedback result based on locations of the 19 channels is used to train a specific area of the brain by a combination of brain wave patterns such as electroencephalogram (EEG); ¶ 30: if a user's brain waves collected by the local brain wave collection device 10 are converted into a score of X, the user's ideal score should be a score of Y by comparison with the database, then the goal of the neural feedback training is to reduce a difference between X and Y. When the difference is reduced to a certain ratio, the subject will receive a feedback message). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to have used Kuan’s 19-channel local brain wave collection device features to modify BACH as claimed because this would amount to no more than applying known techniques to a known method (device, or product) ready for improvement to yield predictable results. See KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007) (“The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results.”).
BACH in view of Kuan teaches or at least suggests converting the brain area network activity into a brain-area reality through a brain- computer interface to present an interactive scene and an interactive element for the subject to perform an EEG brain waves and/or brain network training; wherein the brain-area reality includes brain activation or inhibition areas presented in 2D or 3D and the interactive scene includes environmental characteristics of objects near the subject and location of the subject captured in a video, ([Claim 5]) wherein the brainwave data includes amplitude, frequency, location and pattern characteristics (at least BACH: ¶ 11: … method provides visualized brain state feedback derived from a stream of neurophysiological sensor data directly to the subject whose brain state is being visualized, in order to enhance performance …; ¶ 34: a “brain state” may be characterized by the functional coordination of the connectivity and coherent phase-amplitude coupling between a brain's delta, theta, alpha, and beta frequency waves; ¶ 79: EEG brain data images 1501 are generated from the raw brain data 1401 features obtained … based on the spatial location of the features, optodes, or electrodes on the user's head; ¶ 92: creating images representing the features from brain data according to their spatial location on the participant scalp; ¶ 198: … provide feedback to each person as the person performs the real-world activity. Feedback can be provided on not only the person's performance but also the persons' cognitive states, wherein the feedback includes suggestions to improve the person's cognitive state in order to improve the person's performance … In a virtual-reality environment, the feedback can include information, graphs, tables, and/or imagery about the person's brain state which is incorporated into the virtual reality construct, which itself can be a construct of real settings such as golf courses and stadiums; ¶ 215: … a 2D or 3D representation of a brain with illumination of brain regions and pathways activated by the subject's performance of the one or more tasks; ¶ 382: visualization is a 3D image of the person's brain superimposed with a representation of the person's brain activity that changes in real time).
BACH in view of Kuan appears to be silent on but JEYANANDARAJAN teaches or at least suggests wherein the feature extraction involves capturing an image of the vicinity of the subject and a location of the subject through network positioning, an image data and neurofeedback sensors are systematically superimposed through digital imaging technology by a browser engine and/or a page rendering engine, capturing, by a video recording device; real-time images of a real-life environment near the subject and converting the brain area network activity into a brain-area reality realized by augmented reality through a brain-computer interface by superimposing the brain area network activity with the captured real-time images … and the interactive scene includes real-time and real-life environmental characteristics of objects near the subject and location of the subject captured in the real-time images (at least ¶ 34: generate a real-time visualization of brain wave activity that is overlaid onto an image or video captured and/or obtained by system 100 … capture an image or video via image capture device and/or otherwise obtain an image or video … the image or video may be captured and/or obtained in real-time while EEG data for an individual is simultaneously being captured … the EEG data may be captured for an individual while an image or video of that individual is simultaneously being captured … combine … visual effects onto the image or video in real-time … The visual or audiovisual display generated (i.e., the image or video with the audio and/or visual effects generated based on EEG data overlaid onto it) may be presented to a user … the image or video is of the user and the visual or audiovisual display comprises visual effects generated based on their EEG data overlaid onto that image or video, a user may shape, participate, and/or otherwise interact with a virtual image of their external environment through their brain signals … as they learn to control their mental or brain state (e.g., by becoming more relaxed), the user can visualize it as a form of interactive neurofeedback … train users to control their mental or brain state; ¶ 53: … the visual display of the brain wave components may be provided via an augmented reality (AR) or virtual reality (VR) display device). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to have used JEYANANDARAJAN’s detection, decomposition, and display of brain activity provided via an augmented reality (AR) or virtual reality (VR) display device (at least ¶¶ 2, 53) to modify BACH in view of Kuan as claimed because this would amount to no more than applying known techniques to a known method (device, or product) ready for improvement to yield predictable results. See KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007) (“The combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results.”).
BACH in view of Kuan and JEYANANDARAJAN teaches or at least suggests wherein the interactive element is a training program corresponding to different groups (at least Kuan: ¶ 2: providing real-time biological feedback training through remote transmission; ¶ 29: The four characteristics of frequency, type, and location, and the four characteristic parameters constitute the brain wave database of groups of different ethnics. The active area of brain can be built by the brain wave characteristics based on the locations of the 19 channels to be used as the parameters of the above comparison and training … the brain waves collected by the local brain wave collection device 10 will obtain a basic score after brain wave pattern comparison, as shown in FIG. 5, after comparison and analysis with the brain wave database, a benchmark point of index scores is generated. This benchmark point is also a difference from the norm in similar ethnic groups (same age, education level, gender, etc.); JEYANANDARAJAN: ¶ 34: systems, methods, and techniques described herein may be utilized to train users to control their mental or brain state), ([Claim 2]) wherein the brain-area reality is further realized by one of virtual reality, mixed reality and extended reality in addition to augmented reality (at least BACH: ¶ 127: … the neurometric interface 120 comprises a plurality of neurophysiological sensors arranged on a base, such as a headband or virtual reality headset 137; ¶ 189: … at least one experiential task that the person performs in an unconfined or virtual-reality setting …; ¶ 198: In a virtual-reality environment, the feedback can include information, graphs, tables, and/or imagery about the person's brain state which is incorporated into the virtual reality construct; JEYANANDARAJAN: ), the scenes in the virtual environment and/or intensity levels associated with the scenes may be adjusted, such that the user is more likely to be engaged when interacting with the virtual environment … The XR device may provide augmented reality (AR), mixed reality (MR), and/or virtual reality (VR) capabilities), ([Claim 6]) wherein the brain-computer interface is a mobile communication device or a computer (at least BACH: ¶ 148: … 3D model is presented to the feedback display interface 135, which is a monitor, screen, video-containing headset, VR headset 137, game headset; ¶ 185: … the behavioral task interface 110, DSPs 103 and 111, data logger and interface 140, task controller 144, neurofeedback interface 145, intervention planner and evaluator 147, statistical engine 150, reporting engine 160, and feedback display interface 135 are embodied in one or more computers and one or more software applications for performing their functions), ([Claim 7]) wherein the mobile communication device is a smartphone with an application including web‐based applications, mobile applications, virtual reality, or video games (at least BACH: ¶ 276: The brain-training program … available on-line via computer, cellphone …; Kuan: ¶ 28: The relationship between the local brain wave collection device 10 and the base station 20 of the neurophysiological feedback set-top box is like that between a user host and a game server of an online game; JEYANANDARAJAN: ¶ 53: the visual display of the brain wave components may be provided via an augmented reality (AR) or virtual reality (VR) display device), ([Claim 8]) wherein the page rendering engine superimposes a recognized screen and a brainwave database and outputs a result (at least Kuan: ¶ 7: a brain wave database, and the remote cloud system compares the biological database according to the brain wave database to generate the feedback result which is visual or aural in real time; ¶ 11: conversion device compares the biological database according to the brain wave database to generate a comparison result, and the feedback device generates a feedback result from the comparison result according to a training threshold; ¶ 14: The remote cloud system includes a brain wave database, and the remote cloud system compares the biological database according to the brain wave database to generate the feedback result which is visual or aural in real time; ¶ 24: receives the biological database through the dongle 11, and uploads the biological database to a remote cloud system 13 for abnormal brain wave comparison; ¶ 26: the biological database is compared with the brain waves of the disease to obtain a comparison result; JEYANANDARAJAN: ¶ 34: generate a real-time visualization of brain wave activity that is overlaid onto an image or video captured and/or obtained by system 100 … capture an image or video via image capture device and/or otherwise obtain an image or video … the image or video may be captured and/or obtained in real-time while EEG data for an individual is simultaneously being captured … the EEG data may be captured for an individual while an image or video of that individual is simultaneously being captured … combine … visual effects onto the image or video in real-time), ([Claim 9]) wherein the interactive element is a training program corresponding to different group (at least Kuan: ¶ 29: The four characteristics of frequency, type, and location, and the four characteristic parameters constitute the brain wave database of groups of different ethnics. The active area of brain can be built by the brain wave characteristics based on the locations of the 19 channels to be used as the parameters of the above comparison and training … the brain waves collected by the local brain wave collection device 10 will obtain a basic score after brain wave pattern comparison, as shown in FIG. 5, after comparison and analysis with the brain wave database, a benchmark point of index scores is generated. This benchmark point is also a difference from the norm in similar ethnic groups (same age, education level, gender, etc.)).
Response to Arguments
The claim rejections under 35 U.S.C. § 103 have been updated in view of Applicant’s amendment to the instant application, as shown above. Subsequently, Applicant’s arguments are moot in view of new grounds of rejections necessitated by Applicant’s amendment.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is listed in the attached PTO Form 892 and is considered pertinent to applicant's disclosure.
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/EDDY SAINT-VIL/Primary Examiner, Art Unit 3715
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