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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/15/2025 has been entered.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “music composition module”, “music delivery module”, and “sound transmittal mechanism” in claims 1, 11, and 17; “feedback module” in claim 2; and “sound transition mechanism” in claim 6.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Based on Applicant’s specification, the 112(f) limitations are begin interpreted as follows:
A “music composition module” appears to be an algorithm (paragraph 25).
A “music delivery module” is something that has a “sound transmittal mechanism” which is a speaker system (see paragraph 43).
A “feedback module” is a sensor plus an algorithm (paragraphs 11 and 27).
A “sound transition mechanism” are discussed in paragraph 10 and appear to be various audio media and/or sound transmission devices.
Response to Arguments
Applicant's arguments filed 11/13/2025 with regards to the 101 rejections of claim 14 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to the prior art rejections of claim(s) 1-19 have been considered but are moot because the new ground of rejection relies on a different combination of references that teach the components of the newly amended claims.
In regards to the 101 rejection, Applicant argues that the step of providing autonomic endogenous bodily rhythm cannot be performed in the human mind. Examiner disagrees. As currently written, there is nothing that currently pulls the claim out of the abstract idea category.
While it is clear in the specification that the invention described is different than a musician’s or musical groups musical performance, as currently written, the claims are so broad that it encompasses the process of preparing and performing musical performances by musicians because the claim does not require a machine (like the music composition module of claim 1) and can thus be performed by either vocalists or instrumentalists, thus making it fall within the abstract idea of methods of organizing human activity. The normative endogenous bodily rhythm, as noted by Applicant’s claims, can be the heart rate, which has a frequency range that falls within the tempo/speed that is performed by music (tempo beat counts in music ranging from 40-168 beats per minute) and there is no specification as to source of the normative endogenous bodily rhythm comes from or how the rhythm is provided so a number or text on a musical score indicating tempo can meet the limitation. Furthermore, without defining the manipulation of how what performs the creation of the modulated composition, changes in music tempo by musicians during a performance could be considered as manipulation of subcomponents of the rhythm.
Better defining how the autonomic endogenous bodily rhythm is used (embedding (more specific) vs manipulating (generic)) or provided (electrical signal vs waveform signal vs waveform drawing vs sound heard vs a tempo marking on a music sheet) and including what creates the modulated musical composition would overcome this issue.
In regards to the prior art rejections, Applicant argues that Knispel does not teach the embedding of endogenous autonomic physiological rhythms into music compositions. However, newly found prior art US 5,267,942 (Saperston) discloses the use of a target heart rate (an endogenous autonomic physiological rhythm) and embedding this heart rate via tempo modulation in the music composition that is then played to entrain a heart rate towards a targeted heart rate.
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 14-16 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 14 is directed to a method which meets step 1.
Step 2A, Prong 1: The steps provided in claim 14 appear to be directed to an abstract idea, specifically a mental process or method of organizing human activity of creating music improvisations or modified music, which are common practices among musicians especially when working with large ensembles where parts are modified depending on skill levels of the musicians. Musicians are normally given a sheet of music with notation of the key/scales used by the music (notes or parts, dynamic markings, rhythm patterns, and tempo on sheet music can be considered as subcomponents). The musician(s) analyze the piece to know the notes used in the musical piece (acoustic features), the musician(s) then provides a tempo based on the desired feel of the music based on the notated tempo markings (note that many of the tempo markings used in music fall within the heartbeat frequency ranges (40-168 beats per minute), which can be considered as a normative endogenous rhythms), then the musician(s) plays/sings either the written piece (composition with original vibroacoustic and acoustic features) or a modified version within the existing harmonies based on the key/scales used in the musical piece instead of the original written music (manipulating the subcomponents and creating a modulated musical composition that would include speed ups and slowdowns in tempo to paint a musical and emotional experience for the audience).
Step 2A, Prong 2: As currently written, no additional components are disclosed that integrate the judicial exception into a practical application.
Step 2B: As noted in the Step 2A, Prong 2 analysis, the claim only recites the abstract idea and does not have any additional elements that can be considered as significantly more than the abstract idea.
Claims 15 and 16 do nor recite any new components that can be considered as significantly more than the abstract idea or integrate the judicial exception into practical application and thus are also rejected under 35 U.S.C. 101.
Claims 17-19 recite additional components that integrate the judicial exception into a practical application and have components that are significantly more than the abstract idea.
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.
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) 1-12 and 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 4,883,067 (Knispel et al., hereinafter Knispel) in view of US 5,267,942 (Saperston).
In regards to claim 1, Knispel discloses a system for regulating autonomic and related physiological systems and biobehavioral states (a method and apparatus for translating an ongoing EEG signal into a musical feedback signal and applying the musical feedback signal to the human brain, or any other brain, to induce controllable physiological and psychological responses, col. 3, line. 43-col. 4, line 6, [the apparatus constitutes a system]), comprising:
a music composition module, configured to rhythmically modulate vibroacoustic and acoustic features of a musical composition (the present invention is a biofeedback apparatus that conveys real time physiological information to the brain in a musical context. The resonance loop should comprise at least two levels of information. The first level comprises physiological information about the moment-by-moment oscillations of the ongoing EEG signal. The physiological information can be conveyed by frequency modulating a tone or chord with the ongoing EEG signal so that the pitch of the tone varies in proportion to the amplitude of the ongoing EEG signal...The second level of information is musical flavor. The musical flavor may comprise independently generated, pseudorandom timbre modulation. Preferably, however, the musical flavor is also a psychoacoustically correct sound that is derived from ongoing brain wave activity such as timbre modulation produced by modulating an overtone sweep with the ongoing EEG signal, col. 4, lines 34-56, [generating a chord tone using the EEG signal by frequency modulating a tone or chord with the EEG signal constitutes rhythmically modulating vibroacoustic and acoustic features of a musical composition]; An EEG signal analysis processor 9 converts the ongoing EEG signal into electrical signals from which sound synthesizer 10 can produce music, col. 9, lines 14-42, [the sound synthesizer 10 that produces music constitutes a music composition module]), wherein the modulations are performed at periodicities defined by endogenous biological rhythms (The human brain exhibits periodic electrical activity, also known as brain waves, at the microvolt level in discrete frequency ranges, col. 1, lines 10-22; The physiological information can be conveyed by frequency modulating a tone or chord with the ongoing EEG signal so that the pitch of the tone varies in proportion to the amplitude of the ongoing EEG signal, col. 4, lines 34-56, [frequency modulating a tone or chord so that the pitch varies in proportion to the amplitude of the EEG signal, where the EEG signal represents the periodic electrical activity of the brain, i.e., brain waves, constitutes modulations performed at periodicities defined by endogenous biological rhythms, where the EEG signals are the endogenous biological rhythms]), wherein the music composition module is configured to embed endogenous biological rhythms in the vibroacoustic and acoustic parameters of the musical composition (the present invention is a biofeedback apparatus that conveys real time physiological information to the brain in a musical context. The resonance loop should comprise at least two levels of information. The first level comprises physiological information about the moment-by-moment oscillations of the ongoing EEG signal. The physiological information can be conveyed by frequency modulating a tone or chord with the ongoing EEG signal so that the pitch of the tone varies in proportion to the amplitude of the ongoing EEG signal, col. 4, lines 34-56, [frequency modulating a tone or chord with the ongoing EEG signal constitutes embedding endogenous biological rhythms in the vibroacoustic and acoustic parameters]; the physiological information encoded in the acoustical feedback signal is optimally suited to affect brain activity in desired ways because the response which the acoustical feedback induces in the brain is related to ongoing EEG activity produced by the brain itself, col. 10, line 51-col. 11, line 2, [the physiological information being encoded in the acoustic feedback signal constitutes embedding endogenous biological rhythms]);
a music delivery module having at least one sound transmittal mechanism configured to deliver the modulated musical composition, wherein the music composition module and the music delivery module are in communication (Headphones 11 receive output signals from sound synthesizer 10 and direct an acoustical indication of the feedback signal to the ears of the person, col. 9, lines 14-42; A speaker 13, shown in FIG. 1, is connected to the output of sound synthesizer 10 by a switch 15, col. 10, lines 36-50, [headphones 11 and speaker 13 constitute music delivery modules, directing an acoustic indication to the ears of a person constitutes a sound transmittal mechanism to deliver the modulated musical composition and the headphones and speaker receiving output signals from the sound synthesizer 10 constitutes the music composition module and the music delivery module in communication]).
However, Knispel does not state that the biological rhythms are endogenous biological autonomic rhythms. In a related area, Saperston discloses methods for influencing physiological processes using interactive stimuli (title and abstract; column 5, lines 1-column 12, line 44). Saperston discloses the use of endogenous autonomic biological rhythms (in this case a targeted heart rate modulates tempo) as an acoustic parameter in the modulation of a music composition that is played via a speaker to entrain heart rate of a user/patient (see column 6, line 41-column 7, line 55). Saperston states that the heart rate alteration with the method has practical applications because it allows for heart rate control without the use of drugs and can be applied to individuals or patients for maintaining therapeutic heart rates and provide stress reduction (column 7, lines 5-18). Thus, it would have been obvious to one of ordinary skill in the art, before the filing date of the claimed invention, to modify the device of Knispel to embed endogenous autonomic biological rhythms in a musical composition, as taught by Saperston, to allow for heart rate control without the use of drugs, maintain therapeutic heart rates, and provide stress reduction.
In regards to claim 2, Knispel and Saperston disclose the system of claim 1. Knispel further comprises a feedback module configured to monitor one or more behavioral or physiological properties of a listener (An electrode 3is applied to the scalp of a person 1...An electroencephalograph (EEG) channel conditioner 5...amplifies the EEG 10,000 to 50,000 times and filters the electrical signal from electrode 3 to produce an ongoing EEG signal, in the range of 0.5 Hz to 35 Hz, corresponding to ongoing EEG activity in the brain of the person, col. 9, lines 14-42; The physiological response of the brain to the feedback music actively drives the ongoing EEG activity into resonance with the music to form a real time physiological feedback loop, col.3, line 43-col. 4, line 6, [the feedback loop constitutes a feedback module and the feedback loop including an electrode 3 to measure EEG constitutes monitoring a physiological property of a listener]),
wherein the feedback module is in communication with the music composition module and the music delivery module (translating an ongoing EEG signal into a musical feedback signal and applying the musical feedback signal to the human brain, or any other brain, to induce controllable physiological and psychological responses. A signal processor converts an ongoing EEG signal from a selected position on the scalp into electrical signals that music synthesizers convert into music. The brain receives the musical feedback after it is delayed by a period of time that is calculated so that the music reinforces specific or desired EEG activity at a particular area of the brain determined by the site of the recording electrode, col. 3, line 43-col. 4, line 6, [a music synthesizer converting EEG signals into music and the brain receiving the musical feedback shows the feedback module is in communication with the music composition module, i.e., the music synthesizer, and the music delivery module]),
wherein the feedback module is configured to monitor one or more biobehavioral or physiological properties of a listener (An electroencephalograph (EEG) channel conditioner 5, comprising a Tektronix™ 503 amplifier and a Krohn-Hite 3700 filter, amplifies the EEG 10,000 to 50,000 times and filters the electrical signal from electrode 3 to produce an ongoing EEG signal, in the range of 0.5 Hz to 35 Hz, corresponding to ongoing EEG activity in the brain of the person. The ongoing EEG signal is delayed in a delay line represented by delay line 7 and discussed in detail below. An EEG analysis unit 8 determines the most probable time to the next wave form of interest and adjusts delay line 7 accordingly. An EEG signal analysis processor 9 converts the ongoing EEG signal into electrical signals from which sound synthesizer 10 can produce music, col. 9, lines 14-42, [the ongoing EEG signal collected by electrode 3, which is part of the feedback loop, constitutes monitoring a physiological property of a listener]) and configured to transmit the one or more biobehavioral or physiological properties to the music composition module (An EEG signal analysis processor 9 converts the ongoing EEG signal into electrical signals from which sound synthesizer 10 can produce music, col. 9, lines 14-42, [the sound synthesizer 10 using the ongoing EEG signal to produce music constitutes transmitting the physiological property to the music composition module]),
wherein the embedded endogenous biological rhythms are being informed by one or more physiological or behavioral properties monitored by the feedback module (Delay line 7 shifts the phase of the periodic feedback signal so that the acoustical stimulus has a predetermined phase relationship to the ongoing EEG activity occurring in the brain of the person 1. Hence, delay could occur anywhere between sensor 3 and headphones 11 such as in a Yamaha SPX 90 digital delay located between the sound synthesizer and the headphones. To produce an appropriate phase shift, delay line 7 must compensate for the time required for the brain to process sound, the time required to analyze the EEG, the time required for the sound synthesizer to actually produce the sound, the time required for the sound to propagate through the air to the listener, and the approximate period of time to the next EEG waveform of interest, col. 9, line 43-col. 10, line 7, [the shifting the phase of the periodic feedback signal so that the acoustical stimulus has a predetermined phase relationship to the ongoing EEG activity constitutes the embedded endogenous biological rhythm being informed by the physiological property monitored]).
In regards to claim 3, Knispel and Saperston disclose the system of claim 2. Knispel further shows the music composition module being configured to rhythmically manipulate the properties of the one or more acoustic and/or vibroacoustic parameters (Tone generator 23 comprises three Moog 921 B voltage-controlled oscillators (VCO's), 23a, 23b and 23c respectively, having base frequencies of 75 Hz, 115 Hz and 225 Hz, respectively. The 921 B oscillators individually produce a triangular wave output signal. A Moog 921 A oscillator controller 21 determines the frequency swings of the VCO's in the proportion of a one octave increase in frequency per volt increase in the amplitude of the ongoing EEG signal from signal conditioner 5. The sensitivity of the VCO's may be adjusted by placing a Moog CP3A voltage gain/attenuator at the input from the EEG signal conditioner 5. A Moog CP3A mixer 25 combines the output from the three VCO’s in the proportion of 10:6:5, respectively, so that the output signal of mixer 25 can generate a chord tone...The VCLPF 27 adds musical flavor to the output pitch from the audio frequency generator 23 in the form of timbre modulation so that the musical feedback is more pleasing to listen to over time. Modulating the timbre in proportion to, and in phase with, the ongoing EEG signal provides physiological information to the listener and is therefore effective at inducing resonance feedback, col. 11, line 5-col. 12, line 40), the parameters selected from the group comprising rhythmic structure, tempo, melodic patterns, bandwidth frequencies, volume, spectral energy distribution, sound dispersion, and laterality (the crosspoint analysis program may comprise counting the time required for each wave form in the ongoing EEG signal to cross a base line and then summing the number of wave forms that occur within discrete frequency ranges. The frequency range with the most occurrences is the preferred frequency of that subject. The delay line is adjusted with the inverse of the preferred frequency to approximate the period of time to the next EEG waveform, col. 10, lines 18-35, [determining a number of EEG waves within discrete frequency ranges constitutes bandwidth frequencies]).
In regards to claim 4, Knispel and Saperston disclose the system of claim 3. Knispel further shows the bandwidth frequency having a predetermined upper bound and having a predetermined lower bound (The brain receives the musical feedback after it is delayed by a period of time that is calculated so that the music reinforces specific or desired EEG activity at a particular area of the brain determined by the site of the recording electrode, col. 3, line 43-col. 4, line 6; Any of several sounds might be generated to reinforce the particular features. However, no sound is absolutely physiologically correct if its attack time peak intensity exceeds the duration of the EEG feature that is being reinforced because a sound having a longer duration permits preceding features to obscure subsequent occurrences of the same feature. For example, reinforcing each peak for alpha activity having a frequency of approximately 10 Hz requires a sound having an attack time of less than 100 milliseconds, col. 16, lines 9-27, [the attack time peak intensity not exceeding the duration of the EEG feature that is being reinforced constitutes a predetermined upper and lower bound to the bandwidth frequency]).
In regards to claim 5, Knispel and Saperston disclose the system of claim 4. Knispel further shows wherein the predetermined upper bound and the predetermined lower bound are rhythmically modulated through use of an endogenous bodily rhythm (The brain receives the musical feedback after it is delayed by a period of time that is calculated so that the music reinforces specific or desired EEG activity at a particular area of the brain determined by the site of the recording electrode, col. 3, line 43-col. 4, line 6, [the desired EEG activity determining and controlling the musical feedback constitutes the predetermined upper and lower bound are modulated through use of an endogenous bodily rhythm, where the endogenous bodily rhythm is the measured EEG and the desired EEG is the predetermined upper and lower bound]; Another level of EEG signal processing and analysis extracts major features of the EEG and reinforces them by sounding whenever the EEG signal generates the predetermined feature sensed at conditional test 94. No output is generated in the absence of the feature of interest. Any of several sounds might be generated to reinforce the particular features, col. 16, lines 9-27).
In regards to claim 6, Knispel and Saperston disclose the system of claim 5. Knispel further shows wherein at least one sound transition mechanism is selected from a group consisting essentially of: digital streaming platforms, analog physical media, digital physical media, and high-fidelity sound transmission devices (the output from sound synthesizer 10, or any other element, may be directed to additional signal processing equipment such as a recording device for subsequent editing, processing or playback, col. 10, lines 36-50, [the recording device constitutes a sound transition mechanism such as analog or digital physical media]).
In regards to claim 7, Knispel and Saperston disclose the system of claim 5. Knispel further shows wherein the music delivery module is configured to dynamically modulate sound dispersion of the delivered modulated musical composition based on input from the music composition module (A speaker 13, shown in FIG. 1, is connected to the output of sound synthesizer 10 by a switch 15. The speaker permits additional individuals to hear the acoustical output from the sound synthesizer. Speaker 13 may replace headphones 11 and supply feedback to person if delay line 7 is adjusted to account for the longer period of time required for the sound to travel from the speaker to the person, col. 10, lines 36-50, [a speaker 13 that receives input from the sound synthesizer constitutes a music delivery module that dynamically modulates sound dispersion based on the input to the music composition module]).
In regards to claim 8, Knispel and Saperston disclose the system of claim 7. Knispel further show wherein the music delivery module is configured to dynamically modulate sound dispersion of the delivered modulated musical composition also based on input from the feedback module (An EEG signal analysis processor 9 converts the ongoing EEG signal into electrical signals from which sound synthesizer 10 can produce music, col. 9, lines 14-42, [the ongoing EEG signal constitutes input from the feedback module]; A speaker 13, shown in FIG. 1, is connected to the output of sound synthesizer 10 by a switch 15. The speaker permits additional individuals to hear the acoustical output from the sound synthesizer. Speaker 13 may replace headphones 11 and supply feedback to person | if delay line 7 is adjusted to account for the longer period of time required for the sound to travel from the speaker to the person, col. 10, lines 36-50, [a speaker 13 that receives input from the sound synthesizer constitutes a music delivery module that dynamically modulates sound dispersion based on the input to the feedback module since the sound synthesizer takes feedback from the feedback module as input]).
In regards to claim 9, Knispel and Saperston disclose the system of claim 1. Knispel further shows the feedback module further comprising at least one physiological sensor configured to interface with a listener (An electrode 3 is applied to the scalp of a person 1. The electrode may be a variety of clinically accepted electrodes, such as a Grass gold plated EEG cup electrode. The differential recording may be either monopolar or bipolar. Using the nomenclature which is conventionally used in clinical neurology, electrode 3 is preferably located at the CZ or P3 location for reinforcing alpha activity and producing relaxation. Other locations on the scalp might be used to induce other brain states. An electroencephalograph (EEG) channel conditioner 5, comprising a Tektronix™ 503 amplifier and a Krohn-Hite 3700 filter, amplifies the EEG 10,000 to 50,000 times and filters the electrical signal from electrode 3 to produce an ongoing EEG signal, in the range of 0.5 Hz to 35 Hz, corresponding to ongoing EEG activity in the brain of the person, col. 9, lines 14-42, [the electrode constitutes a physiological sensor that interfaces with a listener since it's attached to a listener's scalp]).
In regards to claim 10, Knispel and Saperston disclose the limitations of claim 7. In addition, Saperston as noted in the rejection of claim 1 monitors and influences a patient heart rate towards a target heart rate where the modulated composition is played based on the measured heart rate.
In regards to claim 11, Knispel discloses a method of regulating biobehavioral states (a method and apparatus for translating an ongoing EEG signal into a musical feedback signal and applying the musical feedback signal to the human brain, or any other brain, to induce controllable physiological and psychological responses, col. 3, line 43-col. 4, line 6, [controllable physiological and psychological responses constitute regulating biobehavioral states]), comprising the steps of:
a. configuring, at least one behavioral or physiological sensor, such that the at least one behavioral or physiological sensor monitors one or more behavioral or physiological properties of a listener (An electrode 3 is applied to the scalp of a person 1. The electrode may be a variety of clinically accepted electrodes, such as a Grass gold plated EEG cup electrode. The differential recording may be either monopolar or bipolar. Using the nomenclature which is conventionally used in clinical neurology, electrode 3 is preferably located at the CZ or P3 location for reinforcing alpha activity and producing relaxation. Other locations on the scalp might be used to induce other brain states. An electroencephalograph (EEG) channel conditioner 5, comprising a Tektronix™ 503 amplifier and a Krohn-Hite 3700 filter, amplifies the EEG 10,000 to 50,000 times and filters the electrical signal from electrode 3 to produce an ongoing EEG signal, in the range of 0.5 Hz to 35 Hz, corresponding to ongoing EEG activity in the brain of the person, col. 9, lines 14-42, [electrode 3 producing an ongoing EEG signal constitutes a physiological sensor monitoring a physiological property]);
b. connecting the at least one behavioral or physiological sensor to a feedback module (An electrode 3 is applied to the scalp of a person 1...An electroencephalograph (EEG) channel conditioner 5...amplifies the EEG 10,000 to 50,000 times and filters the electrical signal from electrode 3 to produce an ongoing EEG signal, in the range of 0.5 Hz to 35 Hz, corresponding to ongoing EEG activity in the brain of the person, col. 9, lines 14-42; The physiological response of the brain to the feedback music actively drives the ongoing EEG activity into resonance with the music to form a real time physiological feedback loop, col. 3, line 43-col. 4, line 6, [the electrode 3 constitutes a physiological sensor and the physiological feedback loop constitutes a feedback module since the feedback signal is output to the user's headphones and then the electrode 3 continues monitoring the brain waves of the user as the user listens to the feedback signal]);
c. providing a music composition module, configured to embed endogenous physiological rhythmicities into the composed music to create composed processed music (An EEG signal analysis processor 9 converts the ongoing EEG signal into electrical signals from which sound synthesizer 10 can produce music, col. 9, lines 14-42, [the sound synthesizer 10 that produces music constitutes a music composition module]; the physiological information encoded in the acoustical feedback signal is optimally suited to affect brain activity in desired ways because the response which the acoustical feedback induces in the brain is related to ongoing EEG activity produced by the brain itself, col. 10, line 51-col. 11, line 2, [the feedback signal that has physiological information encoded into it constitutes embedding endogenous physiological rhythmicities into composed music]);
d. providing a music delivery module having at least one sound transmittal mechanism configured to deliver the composed processed music ((Headphones 11 receive output signals from sound synthesizer 10 and direct an acoustical indication of the feedback signal to the ears of the person, col. 9, lines 14-42);
e. transmitting, by the music delivery module the composed processed music to the listener (Headphones 11 receive output signals from sound synthesizer 10 and direct an acoustical indication of the feedback signal to the ears of the person, col. 9, lines 14-42; A speaker 13, shown in FIG. 1, is connected to the output of sound synthesizer 10 by a switch 15, col. 10, lines 36-50, [headphones 11 and speaker 13 constitute music delivery modules, directing an acoustic indication to the ears of a person constitutes a sound transmittal mechanism to deliver the modulated musical composition and transmitting the music to the listener]);
f. causing, by the transmitted composed processed music, regulation of one or more biobehavioral state in the listener resulting in one or more health benefits in the listener (the music is engineered to have psychoacoustical and musical properties that induce the brain to preferentially produce a particular type of EEG activity. The physiological response of the brain to the feedback music actively drives the ongoing EEG activity into resonance with the music to form a real time physiological feedback loop. The musical qualities and encoded physiological information of the feedback signal selectively reinforce biologically produced brain wave activity. The type of brain wave activity that is reinforced, together with the musical program in which it is encoded, can be used to promote emotional states without additional stimuli such as the presence of a therapist. For example, alpha activity can be enhanced so as to induce relaxation solely by musically reinforcing the alpha activity that is sensed by an electrode located on the scalp at the positions on the scalp known as CZ or P3 in the nomenclature of clinical neurology, col. 3, line 43-col. 4, line 6, [the music being engineered to induce the brain to preferentially produce a particular type of EEG activity constitutes causing, by the transmitted composed processed music, regulation of a biobehavioral state in the listener resulting in a health benefit, for example relaxation]; the physiological information encoded in the acoustical feedback signal is optimally suited to affect brain activity in desired ways because the response which the acoustical feedback induces in the brain is related to ongoing EEG activity produced by the brain itself, col. 10, lines 51-col. 11, line 2).
However, Knispel does not state that the biological rhythms are endogenous biological autonomic rhythms. In a related area, Saperston discloses methods for influencing physiological processes using interactive stimuli (title and abstract; column 5, lines 1-column 12, line 44). Saperston discloses the use of endogenous autonomic biological rhythms (in this case a targeted heart rate modulates tempo) as an acoustic parameter in the modulation of a music composition that is played via a speaker to entrain heart rate of a user/patient (see column 6, line 41-column 7, line 55). Saperston states that the heart rate alteration with the method has practical applications because it allows for heart rate control without the use of drugs and can be applied to individuals or patients for maintaining therapeutic heart rates and provide stress reduction (column 7, lines 5-18). Thus, it would have been obvious to one of ordinary skill in the art, before the filing date of the claimed invention, to modify the method of Knispel to embed endogenous autonomic biological rhythms in a musical composition, as taught by Saperston, to allow for heart rate control without the use of drugs, maintain therapeutic heart rates, and provide stress reduction.
In regards to claim 12, Knispel and Saperston disclose the method of claim 11. Knispel further shows the one or more health benefits being selected from the group comprising facilitating sleep, enhancing recovery from exercise or injury, supporting homeostatic processes and health including enhancing endocrine and immune function, enhancing relaxation, reducing physiological and psychological features of stress, and promoting enhanced mental and physical performance (The invention may be used as a relaxation device that operates by resonantly reinforcing high amplitude, low frequency EEG activity such as alpha wave activity. Such biofeedback also permits an individual to monitor and change his brain wave patterns to obtain various internal states. A clinical psychologist may facilitate various therapeutic procedures, such as guided imagery, by enhancing or retarding a particular brain state. A neurologist may use the present invention as a musically pleasing test of brain functions by introducing a controlled signal, such as punctate sounds embedded within the feedback music, to generate an evoked potential response. Yet another application is as a clinical monitoring device which permits a physician or researcher, such as an anesthesiologist, to monitor the status of a patient's or subject's brain over a loudspeaker without having to maintain a constant vigil on the visual image formed on an oscilloscope. Experiments have shown that the present invention provides an individual with a pleasant way to control his brain wave activity within a matter of a few minutes. Moreover, individuals who have experienced biofeedback resonance according to the present invention have shown a statistically significant reduction in anxiety, col. 18, line 27-col. 19, line 40, [being used as a relaxation device and in clinical psychology for therapeutic procedures constitutes the health benefits of enhancing relaxation, reducing physiological and psychological stress, and promoting enhanced mental performance]).
In regards to claim 14, Knispel discloses a method of modulating a musical composition (a method and apparatus for translating an ongoing EEG signal into a musical feedback signal and applying the musical feedback signal to the human brain, or any other brain, to induce controllable physiological and psychological responses, col. 3, line 43-col. 4, line 6, [translating an ongoing EEG signal into musical feedback constitutes modulating a musical composition]), comprising the steps of:
a. providing a musical composition having one or more subcomponents (The feedback music comprises at least one voice for recording cortical auditory activity that follows and reinforces the real time, moment-by-moment contour of the EEG. The subcomponents are not defined so any part of the composition can be considered a sub-component. At least one or more additional musical voices provide musical flavor that conveys psychological as well as psychoacoustical content, col. 4, lines 7-33, [the feedback music comprising the one voice constitutes providing a musical composition]);
b. breaking the musical composition down into one or more vibroacoustic and acoustic features (Frequency modulation unit 410, bells unit 420, overtone sweep unit 430 and sequencer unit 440 convert the ongoing EEG signal on bus 6 into four signals that are mixed and converted into four musical voices through means well known in the art such as a Tascam M512 mixer, not shown in FIG. 4. Frequency modulation unit 410 generates a tone chord that is modulated by the amplitude variations of the ongoing EEG signal...Bells unit 420 generates a second voice in the form of a punctate acoustical impulse such as the sound of a struck bell...Overtone sweep unit 430 generates an output signal that forms a third musical voice for the musical feedback. The overtone sweep unit comprises a plurality of tone generators, col. 12, line 43-col. 13, line 49, [the frequency modulation unit, bells unit, overtone sweep unit and sequencer unit breaks the musical composition down into vibroacoustic and acoustic features such as tone and frequency]);
c. providing a normative endogenous bodily rhythm (An electroencephalograph (EEG) channel conditioner 5, comprising a Tektronix™ 503 amplifier and a Krohn-Hite 3700 filter, amplifies the EEG 10,000 to 50,000 times and filters the electrical signal from electrode 3 to produce an ongoing EEG signal, in the range of 0.5 Hz to 35 Hz, corresponding to ongoing EEG activity in the brain of the person, col. 9, lines 14-42, [EEG of a person’s brain activity constitutes providing a normative endogenous bodily rhythm]);
d. manipulating one of one or more subcomponents based on the normative endogenous bodily rhythm; and
e. creating a modulated musical composition by replacing the original vibroacoustic and acoustic features with the manipulated one or more subcomponents (the present invention is a biofeedback apparatus that conveys real time physiological information to the brain in a musical context. The resonance loop should comprise at least two levels of information. The first level comprises physiological information about the moment-by-moment oscillations of the ongoing EEG signal. The physiological information can be conveyed by frequency modulating a tone or chord with the ongoing EEG signal so that the pitch of the tone varies in proportion to the amplitude of the ongoing EEG signal, col. 4, lines 34-56, [frequency modulating a tone or chord with the ongoing EEG signal constitutes manipulating a subcomponent based on the normative endogenous bodily rhythm and the resulting tone or chord where the pitch of the tone varies in proportion to the amplitude of the ongoing EEG signal constitutes replacing the original corresponding vibroacoustic and acoustic features with the manipulated subcomponent]).
However, Knispel does not state that the biological rhythms are endogenous biological autonomic rhythms. In a related area, Saperston discloses methods for influencing physiological processes using interactive stimuli (title and abstract; column 5, lines 1-column 12, line 44). Saperston discloses the use of endogenous autonomic biological rhythms (in this case a targeted heart rate modulates tempo) as an acoustic parameter in the modulation of a music composition that is played via a speaker to entrain heart rate of a user/patient (see column 6, line 41-column 7, line 55). Saperston states that the heart rate alteration with the method has practical applications because it allows for heart rate control without the use of drugs and can be applied to individuals or patients for maintaining therapeutic heart rates and provide stress reduction (column 7, lines 5-18). Thus, it would have been obvious to one of ordinary skill in the art, before the filing date of the claimed invention, to modify the method of Knispel to embed endogenous autonomic biological rhythms in a musical composition, as taught by Saperston, to allow for heart rate control without the use of drugs, maintain therapeutic heart rates, and provide stress reduction.
In regards to claim 15, Knispel and Saperston disclose the method of claim 14. Knispel further shows wherein the one or more subcomponents is selected from the group comprising rhythmic structure, tempo, melodic patterns, bandwidth frequencies, volume, spectral energy distribution, sound dispersion, and laterality (the crosspoint analysis program may comprise counting the time required for each wave form in the ongoing EEG signal to cross a base line and then summing the number of wave forms that occur within discrete frequency ranges. The frequency range with the most occurrences is the preferred frequency of that subject. The delay line is adjusted with the inverse of the preferred frequency to approximate the period of time to the next EEG waveform, col. 10, lines 18-35, [determining a number of EEG waves within discrete frequency ranges constitutes bandwidth frequencies]).
In regards to claim 16, Knispel and Saperston disclose the limitations of claim 14. In addition, Saperston, as noted in the rejection of claim 14, monitors a patient’s heart rate and uses a target heart rate to modulate a musical composition and then play the modified musical composition to influence the patient’s heart rate to a target heart rate.
In regards to claim 17, Knispel and Saperston discloses the method of claim 14. Knispel further shows the steps of:
f. providing at least one biobehavioral or physiological sensor; g. attaching the at least one biobehavioral or physiological sensor to the listener (An electrode 3 is applied to the scalp of a person 1, col 9, lines 14-42, [electrode 3 constitutes providing a physiological sensor and applying the electrode 3 to the scalp constitutes attaching the physiological sensor to the listener]);
h. monitoring, by the at least one behavioral or physiological sensor, one or more biobehavioral or physiological properties of the listener (The electrode may be a variety of clinically accepted electrodes, such as a Grass gold plated EEG cup electrode. The differential recording may be either monopolar or bipolar. Using the nomenclature which is conventionally used in clinical neurology, electrode 3 is preferably located at the CZ or P3 location for reinforcing alpha activity and producing relaxation. Other locations on the scalp might be used to induce other brain states. An electroencephalograph (EEG) channel conditioner 5, comprising a Tektronix™ 503 amplifier and a Krohn-Hite 3700 filter, amplifies the EEG 10,000 to 50,000 times and filters the electrical signal from electrode 3 to produce an ongoing EEG signal, in the range of 0.5 Hz to 35 Hz, corresponding to ongoing EEG activity in the brain of the person, col 9, lines 14-42, [an ongoing EEG signal constitutes monitoring a physiological property of the listener]);
i. further manipulating the one or more subcomponents by comparing the normative endogenous bodily rhythm to the monitored biobehavioral or physiological properties in the previous step (Another level of EEG signal processing and analysis extracts major features of the EEG and reinforces them by sounding whenever the EEG signal generates the predetermined feature sensed at conditional test 94. No output is generated in the absence of the feature of interest. Any of several sounds might be generated to reinforce the particular features. However, no sound is absolutely physiologically correct if its attack time peak intensity exceeds the duration of the EEG feature that is being reinforced because a sound having a longer duration permits preceding features to obscure subsequent occurrences of the same feature. For example, reinforcing each peak for alpha activity having a frequency of approximately 10 Hz requires a sound having an attack time of less than 100 milliseconds...Another level of signal analysis and processing of the ongoing EEG signal comprises generating an indication of the current flavor of the ongoing EEG signal. The current flavor may be indicated by generating an overtone sweep at step 97 in response to a feature such as a crest of the ongoing EEG signal. The ongoing EEG thus changes the musical flavor of the feedback music by increasing the harmonic content of the feedback as the ongoing EEG signal first exhibits the preferred activity and then continues to pass more harmonics with repeated instances of the preferred activity. The overtone sweep provides a more derivative indication of ongoing physiological activity since its production is not engineered to evoke an immediate response. Nevertheless, the overtone sweep is a relevant indication of ongoing EEG activity and the extent of the production of a particular type of EEG activity, col. 16, lines 9-44, [the EEG changing the musical flavor of the feedback music by increasing the harmonic content and continuing to pass more harmonics with repeated instances of the preferred activity constitutes manipulating a subcomponent and the conditional test 94 that tests whether the EEG signal generates the predetermined feature, such as reinforcing each peak for alpha activity, constitutes comparing normative endogenous bodily rhythm, i.e., the predetermined or desired feature such as alpha activity, to monitored physiological properties, i.e., the received EEG signal]);
j. transmitting, by the music delivery module the modified composed processed music to the listener (Headphones 11 receive output signals from sound synthesizer 10 and direct an acoustical indication of the feedback signal to the ears of the person, col. 9, lines 14-42; A speaker 13, shown in FIG. 1, is connected to the output of sound synthesizer 10 by a switch 15, col. 10, lines 36-50, [headphones 11 and speaker 13 constitute music delivery modules, directing an acoustic indication to the ears of a person constitutes a sound transmittal mechanism to deliver the modulated musical composition and transmitting the music to the listener]); and
k. repeating steps f-j, as desired (The physiological response of the brain to the feedback music actively drives the ongoing EEG activity into resonance with the music to form a real time physiological feedback loop, col. col. 3, line 43-col. 4, line 6, [forming a physiological feedback loop where the music is modulated by the EEG and this feedback music is fed back to the listener and the ongoing EEG detects brain activity while listening to the fed back music constitutes repeating steps f-j]).
In regards to claim 18, Knispel and Saperston disclose the method of claim 17. Knispel further shows that the composed processed music is manipulated by modulating a range of frequencies present in the acoustic and/or vibroacoustic spectra of the music composition (Referring to FIG. 9, the moment-by-moment change in the ongoing EEG signal is communicated at step 91. The preferred method for indicating moment-by-moment change is to frequency modulate a tone chord with ongoing EEG signal. Frequency modulation is preferred because the human auditory system is more than 30 times more sensitive to changes in frequency. The output signal from step 91 supplies an input signal to mixing step 92. This first level of signal processing provides the most immediate possible indication of current EEG activity, col. 15, line 66 - col. 16, line 8; Another level of signal analysis and processing of the ongoing EEG signal comprises generating an indication of the current flavor of the ongoing EEG signal. The current flavor may be indicated by generating an overtone sweep at step 97 in response to a feature such as a crest of the ongoing EEG signal. The ongoing EEG thus changes the musical flavor of the feedback music by increasing the harmonic content of the feedback as the ongoing EEG signal first exhibits the preferred activity and then continues to pass more harmonics with repeated instances of the preferred activity, col. 16, line 28, [modulating the frequency and harmonic content constitutes modulating a range of frequencies in the acoustic spectra of the music]).
In regards to claim 19, Knispel and Saperston disclose the method of claim 17. Knispel further shows that the modified musical composition is configured as a neural exercise to enhance homeostatic function to support regulation of visceral organs of the listener (The human brain exhibits periodic electrical activity, also known as brain waves, at the microvolt level in discrete frequency ranges. This brain wave activity has traditionally been classified by frequency as follows: alpha waves lie in the frequency range of 8 to 13 Hz, beta waves lie in the frequency range of 13 to 28 Hz...Beta waves have a relatively low amplitude and correspond to a high level of arousal or anxiety. The brain is known to produce primarily alpha waves when a person is in a state of rest and relaxation, col. 1, lines 24-39, [the alpha waves constitute homeostatic function supporting regulation of visceral organs of the listener as relaxation moves body from stress responses to normal function which has effects on blood pressure, heart rate, pulse, and respiration rhythms]; The invention may be used as a relaxation device that operates by resonantly reinforcing high amplitude, low frequency EEG activity such as alpha wave activity, col. 18, lines 36-53, [resonantly reinforcing alpha wave activity constitutes a neural exercise to enhance homeostatic function]).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 4,883,067 (Knispel et al., hereinafter Knispel) in view of US 5,267,942 (Saperston) as applied to claims 12 above, and further in view of JP2006227367 (hereinafter Oki - translation).
In regards to claim 13, Knispel and Saperston discloses the method of claim 12, the music composition module being further configured to modulate the composed music (the present invention is a biofeedback apparatus that conveys real time physiological information to the brain in a musical context. The resonance loop should comprise at least two levels of information. The first level comprises physiological information about the moment-by-moment oscillations of the ongoing EEG signal. The physiological information can be conveyed by frequency modulating a tone or chord with the ongoing EEG signal so that the pitch of the tone varies in proportion to the amplitude of the ongoing EEG signal...The second level of information is musical flavor. The musical flavor may comprise independently generated, pseudorandom timbre modulation. Preferably, however, the musical flavor is also a psychoacoustically correct sound that is derived from ongoing brain wave activity such as timbre modulation produced by modulating an overtone sweep with the ongoing EEG signal, col. 4, lines 34-56, [generating a chord tone using the EEG signal by frequency modulating a tone or chord with the EEG signal constitutes modulating the composed music]; An EEG signal analysis processor 9 converts the ongoing EEG signal into electrical signals from which sound synthesizer 10 can produce music, col. 9, lines 14-42, [the sound synthesizer 10 that produces music constitutes a music composition module]). Knispel and Saperston fail to explicitly disclose modulating tempo via linear expansion and contraction.
Oki is in the field of speech synthesizing (abstract) and teaches modulating tempo via linear expansion and contraction (The phonemic duration calculation unit 205 calculates the duration of each phonemic from the phonemic character string and sends it to the duration correction unit 206. When the user specifies the vocalization speed level, processing of linearly expanding and contracting the phonemic duration calculated in 205 is performed by the duration correction unit 206 in accordance with the specified level. The phonemic duration expanded and contracted in accordance with the vocalization speed level by the duration correction unit 206 is sent to a waveform generation unit (not illustrated), para 0015).
It would have been obvious to one of ordinary skill in the art, before the priority date of the claimed invention, to modify the method of Knispel and Saperston with the speech synthesizer of Oki for the purpose of setting the voiceless level in accordance with the vocalization speed level configured to provide a setting rule appropriate for each type of syllable, and thus natural voiceless reflecting the characteristics of consonants with respect to changes in the vocalization speed can be achieved, and natural and smooth synthesized speech can be obtained (see Oki, para 0031).
Conclusion
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/JOSHUA DARYL D LANNU/Examiner, Art Unit 3791
/CARRIE R DORNA/Primary Examiner, Art Unit 3791