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 .
Notice of Reply
This communication is responsive to the amendment(s) and/or argument(s) filed 7/16/26. The previous ground(s) of objection and/or rejection is/are withdrawn. The following new and/or reiterated ground(s) of rejection is/are set forth hereinbelow.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Rahman et al. (US 2022/00554039 A1, hereinafter Rahman).
For claim 1, Rahman discloses a feedback device (touchscreen display of device in which system 100 is implemented) for interactively providing feedback on a state of mindfulness of a user (Figs 1-2, 9) ([0022-0059, 0064-0073, 0081-0097]), comprising inter alia:
a processor (processor of 100) configured to execute operations (software of 100) (Figs 1-2, 9) ([0022-0059, 0064-0073, 0081-0097]) comprising:
calculating a physical condition feature quantity (breathing phase classification via 106) (Figs 1-2, 8) ([0022-0059, 0064-0073, 0081-0097]) of a user from physical condition data (acoustic and/or motion breathe data) of the user iteratively received from a measurement device (104,120) (Figs 1-2, 9) ([0022-0059, 0064-0073, 0081-0097]);
calculating a physical condition index (breathing phase enhanced classification via 116) of the user using the physical condition feature quantity of the user (Figs 1-2, 9) ([0022-0059, 0064-0073, 0081-0097]);
generating a physical condition estimation result (breathing mode identification via 118) of the user using the physical condition feature quantity of the user and the physical condition index of the user ((Figs 1-2, 9) ([0022-0059, 0064-0073, 0081-0097]);
presenting a predetermined stimulus (instruction to user adapted to trigger mode of [0086-0097]) to the user as interactive feedback on the basis of the physical condition estimation result of the user (Figs 1-2, 9) ([0022-0059, 0064-0073, 0081-0097]); and
acquiring a user reaction ([0067-0072, 0093-0097]) indicating that the user has noticed the feedback (Figs 1-2, 8-9) ([0022-0059, 0064-0073, 0081-0097]),
wherein the presenting further comprises:
presenting the predetermined stimulus, as first interactive feedback, in increasing intensity in a stepwise manner during a period starting at a first time when the physical condition estimation result shows a condition according to a predetermined threshold value for a first predetermined time according to a predetermined time duration until a second time of receiving an interactive input from the user noticing the first interactive feedback (nudge(s) based on physiological context of the user’s breathing trigger mode of [0067-0072, 0093-0097]), and
presenting the predetermined stimulus, as second interactive feedback, in either one of increasing or decreasing intensity of stimulation of the predetermined stimulus in a stepwise manner in accordance with the physical condition estimation result during a period starting at the second time until a third time of the physical condition estimation result showing another condition according to the predetermined threshold value for a second predetermined time (another subsequent in time of the nudge(s) based on physiological context of the user’s breathing trigger mode of [0067-0072, 0093-0097]).
For claim 2, Rahman discloses a feedback device (touchscreen display of device in which system 100 is implemented) for interactively providing feedback on a state of mindfulness of a user (Figs 1-2, 9) ([0022-0059, 0064-0073, 0081-0097]), comprising inter alia:
a processor (processor of 100) configured to execute operations (software of 100) (Figs 1-2, 9) ([0022-0059, 0064-0073, 0081-0097]) comprising:
calculating a physical condition feature quantity (breathing phase classification via 106) of a user from physical condition data (acoustic and/or motion breathe data) of the user iteratively received from a measurement device (104,120) (Figs 1-2, 9) ([0022-0059, 0064-0073, 0081-0097]);
calculating a physical condition index (breathing phase enhanced classification via 116) of the user using the physical condition feature quantity of the user (Figs 1-2, 9) ([0022-0059, 0064-0073, 0081-0097]);
generating a physical condition estimation result (breathing mode identification via 118) of the user using the physical condition feature quantity of the user and the physical condition index of the user (Figs 1-2, 9) ([0022-0059, 0064-0073, 0081-0097]);
presenting a predetermined stimulus to the user as interactive feedback (instruction to user adapted to trigger mode of [0086-0097]) on the basis of the physical condition estimation result of the user (Figs 1-2, 9) ([0022-0059, 0064-0073, 0081-0097]); and
acquiring a user reaction ([0067-0072, 0093-0097]); and
generating, as learning data generation, a set of the physical condition feature quantity of the user and teacher data (Fig 2) ([0038-0059, 0067-0072]), which have the user reaction or a value calculated from the user reaction as the teacher data, from the physical condition feature quantity of the user and the user reaction (Figs 1-2, 9) ([0022-0059, 0064-0073, 0081-0097]).
For claim 3, Rahman discloses the feedback device according to claim 2, wherein the user reaction further comprises a subjective evaluation of the user (user responds with suggested breathing nudge based on their evaluation) (Figs 1-2, 9) ([0022-0059, 0064-0073, 0081-0097]), and the subjective evaluation represents an evaluation by the user regarding his or her own state of mind (Figs 1-2, 9) ([0022-0059, 0064-0073, 0081-0097]).
For claim 4, Rahman discloses the feedback device according to claim 1, wherein the physical condition data is data relating to a breathing condition (Figs 1-2, 9) ([0022-0059, 0064-0073, 0081-0097]).
For claim 5, Rahman discloses a feedback method for interactively providing feedback on a state of a user (Figs 1-2, 9) ([0022-0059, 0064-0073, 0081-0097]), comprising inter alia:
calculating, by a processor (processor of 100), a physical condition feature quantity (breathing phase classification via 106) (Figs 1-2, 8) ([0022-0059, 0064-0073, 0081-0097]) of a user from physical condition data of the user iteratively received from a measurement device (104, 120) (Figs 1-2, 8) ([0022-0059, 0064-0073, 0081-0097]);
calculating a physical condition index (breathing phase enhanced classification via 116) of the user using the physical condition feature quantity of the user (Figs 1-2, 8) ([0022-0059, 0064-0073, 0081-0097]);
generating a physical condition estimation result (breathing mode identification via 118)of the user using the physical condition feature quantity of the user and the physical condition index of the user (Figs 1-2, 8) ([0022-0059, 0064-0073, 0081-0097]);
presenting a predetermined stimulus (instruction to user adapted to trigger mode of [0086-0097]) to the user, as interactive feedback, on the basis of the physical condition estimation result of the user (Figs 1-2, 8) ([0022-0059, 0064-0073, 0081-0097]); and
wherein the presenting further comprises presenting the predetermined stimulus, as first interactive feedback, in increasing intensity in a stepwise manner during a period starting at a first time when the physical condition estimation result shows a condition according to a predetermined threshold value for a first predetermined time according to a predetermined time duration until a second time of receiving an interactive input from the user noticing the first interactive feedback (nudge(s) based on physiological context of the user’s breathing trigger mode of [0067-0072, 0093-0097]), and
presenting the predetermined stimulus, as second interactive feedback, in either one of increasing or decreasing intensity of stimulation of the predetermined stimulus in a stepwise manner in accordance with the physical condition estimation result during a period starting at the second time until a third time of the physical condition estimation result showing another condition according to the predetermined threshold value for a second predetermined time (another subsequent in time of the nudge(s) based on physiological context of the user’s breathing trigger mode of [0067-0072, 0093-0097]).
For claim 6, Rahman discloses a non-transitory computer-readable storage medium (CRM of 100) which stores a program (programming of 100) causing a computer (computer of 100) to function as the feedback device (Figs 1-2, 9) ([0022-0059, 0064-0073, 0081-0097]) according to claim 1.
For claim 7, Rahman discloses the feedback device according to claim 2, wherein the physical condition data is data relating to a breathing condition (Figs 1-2, 9) ([0022-0059, 0064-0073, 0081-0097]).
For claim 8, Rahman discloses the feedback device according to claim 2, wherein the user reaction further comprises an indication that the user has noticed the interactive feedback (Figs 1-2, 9) ([0022-0059, 0064-0073, 0081-0097, especially 0067-0072 and 0093-0097]).
Response to Arguments
Applicant’s arguments, see pages 6-8, filed 7/16/26, with respect to the newly amended claim(s) overcoming the previous 101 and 112 rejections have been fully considered and are persuasive. The rejections of the prior claims has/have been withdrawn.
Applicant’s arguments with respect to prior art rejection of claim(s) 1-8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey G. Hoekstra whose telephone number is (571)272-7232. The examiner can normally be reached Monday through Thursday from 5am-3pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles A. Marmor II can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Jeffrey G. Hoekstra
Primary Examiner
Art Unit 3791
/JEFFREY G. HOEKSTRA/ Primary Examiner, Art Unit 3791
Prosecution Insights