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 .
Status of Claims
This action is a non-final rejection
Claims 1-20 are pending
Claims 1-20 are rejected under 35 USC § 101
Claim 1-20 is rejected under 35 USC § 103
Priority
Acknowledgement is made of Applicant’s claim for a foreign priority date of 9-25-2024
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are not patent eligible because the claimed invention is directed to an abstract idea without significantly more.
Analysis
First, claims are directed to one or more of the following statutory categories: a process, a machine, a manufacture, and a composition of matter. Regarding claims 1-20 the claims recite an abstract idea of monitoring, tracking and reporting user emotional states.
Independent Claims 1, 11, 20 are rejected under 35 U.S.C 101 based on the following analysis.
-Step 1 (Does the claim fall within a statutory category? YES): claims 1, 11, 20 recite respectively a device, method, and computer program product .
-Step 2A Prong One (Does the claim fall within at least one of the groupings of abstract ideas?: YES): The claimed invention:
records data associated with an emotional state of a first user;
monitor and record data relating to communications and operations .. of the first user;
determine patterns associated with one or more emotional states of the first user based on the monitored data;
generate a report indicating the one or more emotional states of the first user based on the determined patterns; and
transmit, to a ... second user, the generated report indicating the one or more emotional states of the first user;
belonging to the grouping of mental processes under concepts performed in the human mind (including an observation, evaluation, judgement, opinion) as it recites “monitoring, tracking and reporting user emotional states”. Alternatively, the selected abstract idea belongs to the grouping of certain methods of organizing human activity under managing personal behavior or relationships or interactions between people as it recites “monitoring, tracking and reporting user emotional states” (refer to MPP 2106.04(a)(2)). Accordingly this claim recites an abstract idea.
-Step 2A Prong Two (Are there additional elements in the claim that imposes a meaningful limit on the abstract idea? NO).
Claim 1 recites:
a communications subsystem enabling the electronic device to communicatively connect to at least one second electronic device, wherein the electronic device is a managed electronic device and wherein the at least one second electronic device is a managing electronic device;
a memory having stored thereon an emotional state monitoring, tracking, and reporting (ESMTR) module that autonomously records data...of a first user of the electronic device;
at least one processor coupled to the communications subsystem and the memory and which processes program code of the ESMTR module, the at least one processor configured to cause the electronic device to: monitor and record data occurring on the electronic device of the first user
transmit, to a managing device of a second user emotional states of the first user of the managed electronic device;
Claim 11 recites:
monitoring, by one or more processors of a managed device of a first user;
communications and operations occurring on the managed device;
Claim 20 recites:
a non-transitory computer readable medium;
program code on the computer readable medium that when processed by a processor of a communication device configures the processor to perform functions;
monitoring, by one or more processors of a managed device of a first user;
communications and operations occurring on the managed device;
transmitting, to a managing device.
Amounting to additional elements that are recited at a high-level of generality such that it amounts to no more than mere instructions to implement an abstract idea on a computer, or merely use a computer as a tool to implement the abstract idea. (refer to MPEP 2106.05(f)). Accordingly, the claim as a whole does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
-Step 2B (Does the additional elements of the claim provide an inventive concept?: NO. As discussed previously with respect to Step 2A Prong Two:
Claim 1 recites:
a communications subsystem enabling the electronic device to communicatively connect to at least one second electronic device, wherein the electronic device is a managed electronic device and wherein the at least one second electronic device is a managing electronic device;
a memory having stored thereon an emotional state monitoring, tracking, and reporting (ESMTR) module that autonomously records data...of a first user of the electronic device;
at least one processor coupled to the communications subsystem and the memory and which processes program code of the ESMTR module, the at least one processor configured to cause the electronic device to: monitor and record data occurring on the electronic device of the first user
transmit, to a managing device of a second user emotional states of the first user of the managed electronic device;
Claim 11 recites:
monitoring, by one or more processors of a managed device of a first user;
communications and operations occurring on the managed device;
Claim 20 recites:
a non-transitory computer readable medium;
program code on the computer readable medium that when processed by a processor of a communication device configures the processor to perform functions;
monitoring, by one or more processors of a managed device of a first user;
communications and operations occurring on the managed device;
transmitting, to a managing device.
Amount to additional elements that are recited at a high-level of generality such that it amounts to no more than mere instructions to implement an abstract idea on a computer, or merely use a computer as a tool to implement the abstract idea. (refer to MPEP 2106.05(f)) Accordingly, even in combination the additional elements of the claim do not provide an inventive concept (significantly more than the abstract idea) and hence the claim is ineligible.
Dependent Claims:
Step 2A Prong One: The following dependent claims recite additional limitations that further define the abstract idea of “monitoring, tracking and reporting user emotional states”: claims 2-10, 12-19.
Step 2A Prong Two (Are there additional elements in the claim that imposes a meaningful limit on the abstract idea? NO). The following dependent claims 2-10, 12-13, 15-19 recite mere instructions to implement an abstract idea on a computer, or merely use a computer as a tool to implement the abstract idea. (refer to MPEP 2106.05(f)). Accordingly, the claims as a whole do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Step 2B (Does the additional elements of the claim provide an inventive concept?: NO). As discussed previously with respect to Step 2A Prong Two, the following dependent claims 2-10, 12-13, 15-19 recite mere instructions to implement an abstract idea on a computer, or merely use a computer as a tool to implement the abstract idea. (refer to MPEP 2106.05(f)). Accordingly, the claim does not provide an inventive concept (significantly more than the abstract idea) and hence the claim is ineligible.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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
non-obviousness.
Claims 1-4, 6-9, 11-14, 20 are rejected under 35 U.S.C. 103 as being un-patentable by Curtis et.al (US 20210350917 A1) hereinafter “Curtis” in view of Shah et.al. (US 20240407686 A1) hereinafter “Shah”
Regarding claims 1, 11, 20 Curtis teaches:
a non-transitory computer readable medium; and program code on the computer readable medium that when processed by a processor of a communication device configures the processor to perform functions (See at least [claim 1] via: “...the computing device comprising: a processor; and a memory communicatively coupled to the processor, wherein the memory stores instructions executed by the processor..”)
a memory having stored thereon an emotional state monitoring, tracking, and reporting (ESMTR) module that autonomously records data associated with an emotional state of a first user of the electronic device (See at least [0050] via: “...The computing device 104 is communicatively coupled with a database 114. The database 116 receives, stores, and process the emotional data and referral data which can be used for further analysis and prediction so that the present system can learn and improve the analysis by using the historical emotional data..”)
monitoring, by one or more processors of a managed device of a first user, data (data collected from the user is ... monitored) relating to communications and operations occurring on the managed device (wearable user device 102) of the first user; (See at least [0048] via: “...FIG. 1 illustrates a block diagram of the present system 100 to monitor the interaction between a plurality of users to determine the emotional state of the users and modulate biorhythms of the users based on feedback over a communication network, in accordance with one embodiment of the present invention. The system 100 includes a wearable user device 102, and a computing device 104...”; in addition see at least [0050] via: “...The data collected from the user is constantly being monitored and sent to the server (when convenient and connected), where it is stored, analyzed, and modeled.
determining patterns (biorhythm data) associated with one or more emotional states of the first user (emotional state of the user) based on the monitored data; (See at least [0067] via: “...The software learning agent module 210 receives and processes the training data to determine the emotional state of the user in a plurality of scenarios... produce, and predict the emotional state of the user in the plurality of scenarios, so that it can accurately determine the emotional state when later presented with new input data...”; in addition see at least [0078] via: “ ... collecting biorhythm data of the user through a wearable user device configured to be worn on the user's body, near the body, or placed in the user's body (implantable). The method includes the step of receiving the biorhythm data of the users through a computing device communicatively connected with the wearable user device over a communication network.
generating a report indicating the one or more emotional states (displays emotional data of the users) of the first user based on the patterns; (See at least [0065] via: “...The emotional data displaying module 204 analyzes and displays emotional data of the users in real-time...”; in addition see at least [0076] via: “ ... The emotional data displaying module 204 includes an algorithmic module 218, and a visualization module 220. The algorithmic module 218 analyzes the biorhythm data and computes an emotional score of the user to generate one or more insights. The emotional score is indicative of the emotional state of the user during the interactions. The visualization module 220 graphically represents a plurality of emotional cycles for a specific time duration for the user. The visualization module 220 displays the insights and emotional scores of the users on the computing device associated with the users. In an embodiment, the visualization module 220 displays emotional data in a plurality of manners on at least one of a two dimensional (2D) graph, and a three dimensional (3D) graphs by using at least one of a plurality of alpha-numeric characters, a plurality of geometric shapes, a plurality of holograms, and a plurality of symbols which include colors or moving shapes..”)
However, Curtis is silent the following limitation that is taught by Shah:
transmitting (transmit an alert to the guardian), to a managing device (computing device of the guardian) of a second user (guardian), the generated report (a text or pop-up notification) indicating the one or more emotional states of the first user (pre-atypical behaviour physiological pattern of the user ) of the managed device. (See at least [0016] via: “... The guardian input module is configured to provide a pre-assessment questionnaire to collect behaviour data of the user from at least one guardian in the form of responses .... In specific, the guardian comprises either a parent or a caregiver or both the parent and the caregiver. The pre-assessment questionnaire is displayed on a user interface of the computing device of the guardian. The computing device comprises, but is not limited to, a smartphone, a laptop, a smart watch, and a computer...”; in addition see at least [0019] via: “...The alerting module is configured to transmit an alert to the guardian when the pre-atypical behaviour physiological pattern of the user is detected. In specific, the alert is in a form of a text or pop-up notification stating a suspected emotional dysregulation, or regulated states of the user...”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Curtis to incorporate the teachings of Shah. Those in the art would have recognized that Curtis’ teaching regarding collecting, monitoring and modulating biorhythm data of a plurality of users through individual wearable user devices to determine and reporting their emotional state could be modified to include Shah’s teaching regarding communication and transmission of data to a guardian computing device operated by a guardian with the capability of in turn providing feedback to the user via the wearable user device. This combination would be beneficial in that the emotional state of a user obtained by the user’s wearable device could be shared with a guardian connected to a guardian computing device which in turn has the capability of providing feedback to the user of the wearable device.
Regarding claim 2 Curtis and Shah teach the invention as claimed and detailed above with respect to claim 1. Curtis also teaches:
The electronic device of claim 1, wherein to monitor and record data relating to communications occurring on the electronic device of the first user, the at least one processor is further configured to obtain data from at least one outgoing message. (See at least [0083] via: “...the present invention provides a cognitive platform to monitor user interactions and to determine the emotional state of the user to provide assistance based on the emotional state of the user. Further, the present invention captures the user communication data related to the biorhythm and bio-data of the users to generate training datasets for the software learning agent module. Furthermore, the present invention interacts with the users based on a plurality of biophysical states of the users determined such as Heart rate variability (HRV), Electroencephalography (EEG), etc. Further, the present invention provides a ratio scale that receives emotional data and visualizes it linearly. Furthermore, the present invention provides the emotional data of the users periodically to help the users to optimize their emotional and psychological state over time...”)
Regarding claims 3 Curtis and Shah teach the invention as claimed and detailed above with respect to claims 1&2. Curtis also teaches:
wherein to determine patterns associated with one or more emotional states of the first user based on the monitored data, the at least one processor is further configured to (See at least [0020] via: “...The tracking module receives the biorhythm data from the wearable user device and monitors the interactions of a plurality of users and retrieves relevant data for analysis:
perform a sentiment analysis on the at least one outgoing message; (See at least [0020] via: “...The tracking module receives the biorhythm data from the wearable user device and monitors the interactions of a plurality of users and retrieves relevant data for analysis. The tracking module is integrated with one or more messaging platforms and one or more voice platforms of the computing device corresponding to the users to monitor textual interactions and audio interactions of the users. The tracking module processes the relevant data and the retrieved parameters to generate training data. The relevant data is pertaining to text, sentiment, and audio and the tracking module performs text analysis, sentiment analysis, and signal processing on the audio. The software learning agent module receives and processes the training data to determine the emotional state of the user in a plurality of scenarios....”) and
determine a sentiment score based on the sentiment analysis (See at least [0012] via: “...The emotional data displaying module performs a plurality of steps that initiates with a step of analyzing the biorhythm data and computing an emotional score of the user to generate one or more insights through an algorithmic module. The emotional score is indicative of the emotional state of the user during the interactions...”)
Regarding claims 4 Curtis and Shah teach the invention as claimed and detailed above with respect to claims 1&2&3. Curtis also teaches:
in response to the sentiment score being above a predetermined threshold: generate a vulnerable state alert message; and transmit the vulnerable state alert message to the at least one second electronic device. (See at least [0082] via: “... FIG. 7 illustrates a flowchart 700 of the plurality of steps performed by a feedback module, ... The feedback module performs a plurality of steps that initiates with a step 702 of collecting physiological data of at least one physiological property of the user through a physiological data collection engine. The method includes the step 704 of processing the physiological data into at least one biosignal through a biosignal generating engine. The method includes the step 706 of monitoring and measuring the biosignal for a feedback activation condition through a feedback activation determining engine. The method includes the step 708 of triggering feedback upon satisfying a feedback activation condition through feedback generating engine. The feedback activation condition triggers feedback when the measured value is more than one or more predetermined threshold values..”; in addition see at least [0009] via: “...A system to monitor the interaction between a plurality of users to determine the emotional state of the users and modulate biorhythms of the users based on feedback over a communication network is provided..”;)
Regarding claims 6 Curtis and Shah teach the invention as claimed and detailed above with respect to claims 1&2. Curtis also teaches:
wherein to determine patterns associated with one or more emotional states of the first user based on the monitored data, the at least one processor is further configured to: (See at least [0020] via: “...The tracking module receives the biorhythm data from the wearable user device and monitors the interactions of a plurality of users and retrieves relevant data for analysis..”)
obtain data from at least one incoming message; (See at least [0020] via: “...The tracking module receives the biorhythm data from the wearable user device..”)
perform a sentiment analysis on the at least one incoming message; (See at least [0020] via: “...The tracking module receives the biorhythm data from the wearable user device and monitors the interactions of a plurality of users and retrieves relevant data for analysis. The tracking module is integrated with one or more messaging platforms and one or more voice platforms of the computing device corresponding to the users to monitor textual interactions and audio interactions of the users. The tracking module processes the relevant data and the retrieved parameters to generate training data. The relevant data is pertaining to text, sentiment, and audio and the tracking module performs text analysis, sentiment analysis, and signal processing on the audio. The software learning agent module receives and processes the training data to determine the emotional state of the user in a plurality of scenarios....”)and
determine a sentiment score based on the sentiment analysis of the at least one outgoing message and the at least one incoming message (See at least [0012] via: “...The emotional data displaying module performs a plurality of steps that initiates with a step of analyzing the biorhythm data and computing an emotional score of the user to generate one or more insights through an algorithmic module. The emotional score is indicative of the emotional state of the user during the interactions...”; in addition see at least [0011] via: “... The (AI) based agent module performs a plurality of steps that initiates with a step of receiving the biorhythm data from the wearable user device and monitor the interactions of a plurality of users and retrieves relevant data for analysis through a tracking module. The tracking module is integrated with one or more messaging platforms and one or more voice platforms of the computing device corresponding to the users to monitor textual interactions and audio interactions of the users. The tracking module processes the relevant data and the retrieved parameters to generate training data. The method includes the step of receiving and processing the training data to determine the emotional state of the user in a plurality of scenarios through a software learning agent module. The method includes the step of initiating the interaction with the user and assist the user based on the learned data received from the software learning agent module through a virtual chat-bot module. The method includes the step of facilitating the user to connect and interact with a plurality of other users through a community module. The community module facilitates the plurality of users to interact with each other and share emotional state and biorhythm data among the other users over the communication network. The method includes the step of allowing the user to access the emotion data of the other users through a sync module...”)
Regarding claims 7 Curtis and Shah teach the invention as claimed and detailed above with respect to claims 1&2. Curtis also teaches:
wherein to determine patterns associated with one or more emotional states of the first user based on the monitored data, the at least one processor is further configured to monitor biometric data from among a group comprising at least one of heart rate, electrodermal activity, and respiratory pattern. (See at least [0056] via: “...The user interface 114 may present the monitored interaction data, determine emotional data and modulated biorhythms data as per the request of an administrator of the present system. In an embodiment, the user interface (UI or GUI) 114 is a convenient interface for accessing the platform and viewing the products or services. The biorhythmic data includes but not limited to heart rate, heart rate variability, electrodermal activity (EDA)/Galvanic skin response (GSR), breathing rate, 3D accelerometer data, and gyroscope data, body temperature, among others. The biorhythmic data can be processed to generate the signals based on mathematical description or algorithms. The algorithms may be introduced via software. There is potential that data is processed on the wearable user device end. Data may also be stored there temporarily before acted upon...”)
Regarding claims 8 Curtis and Shah teach the invention as claimed and detailed above with respect to claim 1. Curtis also teaches:
wherein to monitor and record data relating to operations occurring on the electronic device of the first user, the at least one processor is further configured to monitor at least one of: (See at least [0009] via: “... A system to monitor the interaction between a plurality of users to determine the emotional state of the users and modulate biorhythms of the users based on feedback over a communication network is provided substantially..”)
at least one browser search history of the first user of the electronic device;
at least one application activity of the first user of the electronic device; and
at least one content consumed by the first user of the electronic device. (See at least [0010] via: “...method for monitoring interaction between a plurality of users for determining the emotional state of the users and modulating biorhythms of the users based on feedback over a communication network. The method includes the step of collecting biorhythm data of the user through a wearable user device configured to be worn on the user's body, near the body, or placed in the user's body (implantable). The method includes the step of receiving the biorhythm data of the users through a computing device communicatively connected with the wearable user device over a communication network. The method includes the step of establishing an interaction with the users over the communication network through an artificial intelligence (AI) based agent module. The method includes the step of analyzing and displaying emotional data of the users in real-time through an emotional data displaying module. The method includes the step of modulating biorhythms of the users based on the feedback emitted from the computing device through a feedback module..”; in addition see at least [0011] via: “ ... The (AI) based agent module performs a plurality of steps that initiates with a step of receiving the biorhythm data from the wearable user device and monitor the interactions of a plurality of users and retrieves relevant data for analysis through a tracking module. The tracking module is integrated with one or more messaging platforms and one or more voice platforms of the computing device corresponding to the users to monitor textual interactions and audio interactions of the users. The tracking module processes the relevant data and the retrieved parameters to generate training data. The method includes the step of receiving and processing the training data to determine the emotional state of the user in a plurality of scenarios through a software learning agent module. The method includes the step of initiating the interaction with the user and assist the user based on the learned data received from the software learning agent module through a virtual chat-bot module. The method includes the step of facilitating the user to connect and interact with a plurality of other users through a community module. The community module facilitates the plurality of users to interact with each other and share emotional state and biorhythm data among the other users over the communication network. The method includes the step of allowing the user to access the emotion data of the other users through a sync module).
Regarding claim 9 Curtis and Shah teach the invention as claimed and detailed above with respect to claim 1. Curtis is silent the following claim that is taught by Shah:
wherein the at least one processor is further configured to: generate, via an artificial intelligence engine, a recommendation indicating one or more remedial actions that can be taken by the second user of the managing device to address the one or more emotional states of the first user of the managed device. (See at least [0038] via: “...The guardian input module 112 is configured to provide a pre-assessment questionnaire to collect behaviour data of the user from at least one guardian in the form of responses and transmit the responses to the server 108. In specific, the guardian comprises either a parent or a caregiver or both the parent and the caregiver. The pre-assessment questionnaire is displayed on a user interface 122 of the computing device 102 of the guardian..”; in addition see at least [0055] via: “...The precautionary components are administered to the user on a routine basis or administered as needed. The frequency and intensity of the interventions varies depending on the user's needs. The precautionary components are administered through the user interface 122 through the computing device 102. The user interface 122 is a web/mobile based platform that allows the user to access the precautionary strategies and to track their progress. The user interface 122 can also be used by caregivers to monitor the user's progress and to provide support. The precautionary components are an important part of the remote care. They can help to improve the user's emotional health and well-being, and they can help to reduce the risk of developing mental health problems..”; in addition see at least [0064] via: “... when the physiological parameter is detected by the wearable device 126. The responses are collected for in-the-moment questions by the guardian through the guardian input module 112. The guardian can use in-the-moment questions to get aids from a coach to optimize emotional equilibrium for the user, for example a child. By providing minimal information about the current scenario, the guardian can receive tailored strategies and tips to help the user in real time. Additionally, parents can take short training modules between emotion escalation episodes to learn new skills that can then be prompted during coaching...”; in addition see at least [0073] via: “... If the AI-based remote emotion detection and control system 100 predicts that the user is experiencing a negative emotion, the AI-based remote emotion detection and control system 100 will send an alert to the user or their caregiver. The AI-based remote emotion detection and control system 100 is a personalized system that is able to learn the user's unique patterns of emotions. This allows the AI-based remote emotion detection and control system 100 to provide more accurate predictions and improve the user's overall well-being...”) and
transmit the recommendation to the managing device along with the report (See at least [0073] via: “... If the AI-based remote emotion detection and control system 100 predicts that the user is experiencing a negative emotion, the AI-based remote emotion detection and control system 100 will send an alert to the user or their caregiver. The AI-based remote emotion detection and control system 100 is a personalized system that is able to learn the user's unique patterns of emotions. This allows the AI-based remote emotion detection and control system 100 to provide more accurate predictions and improve the user's overall well-being...”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Curtis to incorporate the teachings of Shah. Those in the art would have recognized that Curtis’ teaching regarding collecting, monitoring and modulating biorhythm data of a plurality of users through individual wearable user devices to determine and reporting their emotional state could be modified to include Shah’s teaching regarding communication and transmission of data to a guardian computing device operated by a guardian with the capability of in turn providing feedback to the user via the wearable user device. This combination would be beneficial in that the emotional state of a user obtained by the user’s wearable device could be shared with a guardian connected to a guardian computing device which in turn has the capability of providing feedback to the user of the wearable device.
Regarding claim 12 Curtis and Shah teach the invention as claimed and detailed above with respect to claim 11. Curtis also teaches:
monitoring data relating to communications and operations occurring on the managed device comprises collecting, via the one or more processors of the managed device, data relating to incoming and outgoing communications and user-initiated operations of the managed device wherein the monitoring occurs based on a monitoring schedule established by the managing device; (See at least [0056] via: “...The user interface 114 may present the monitored interaction data, determine emotional data and modulated biorhythms data as per the request of an administrator of the present system. In an embodiment, the user interface (UI or GUI) 114 is a convenient interface for accessing the platform and viewing the products or services. The biorhythmic data includes but not limited to heart rate, heart rate variability, electrodermal activity (EDA)/Galvanic skin response (GSR), breathing rate, 3D accelerometer data, and gyroscope data, body temperature, among others...”; in addition see at least [0011] via: “... The (AI) based agent module performs a plurality of steps that initiates with a step of receiving the biorhythm data from the wearable user device and monitor the interactions of a plurality of users and retrieves relevant data for analysis through a tracking module. The tracking module is integrated with one or more messaging platforms and one or more voice platforms of the computing device corresponding to the users to monitor textual interactions and audio interactions of the users. The tracking module processes the relevant data and the retrieved parameters to generate training data. The method includes the step of receiving and processing the training data to determine the emotional state of the user in a plurality of scenarios through a software learning agent module. The method includes the step of initiating the interaction with the user and assist the user based on the learned data received from the software learning agent module through a virtual chat-bot module. The method includes the step of facilitating the user to connect and interact with a plurality of other users through a community module. The community module facilitates the plurality of users to interact with each other and share emotional state and biorhythm data among the other users over the communication network. The method includes the step of allowing the user to access the emotion data of the other users through a sync module...”; in addition see at least [0057] via: “ ... FIG. 2 illustrates a network implementation 200 of the present system, in accordance with one embodiment of the present invention. FIG. 2 is explained in conjunction with FIG. 1. The computing devices 104-1, 104-2, and 104-N are communicatively connected with the wearable user devices 102-1, 102-2, and 102-N to receive the biorhythm data of the users over the communication network 106. A server 108 stores and processes the monitored interaction data, determine emotional data and modulated biorhythms data...”) and
determining patterns associated with one or more emotional states of the first user comprises analyzing, via an artificial intelligence engine, the collected data to identify the one or more emotional states of the first user. (See at least [0067] via: “...The software learning agent module 210 receives and processes the training data to determine the emotional state of the user in a plurality of scenarios. In an embodiment, the biorhythm data, emotional data, relevant data, and training data can be combined or deconstructed or converted in various ways to aid modeling. The training data can be utilized to train the various algorithms used to achieve the objective of the present system. The training data includes input data and the corresponding expected output. Based on the training data, the algorithm can learn how to apply various mechanisms such as neural networks, to learn, produce, and predict the emotional state of the user in the plurality of scenarios, so that it can accurately determine the emotional state when later presented with new input data...”)
Regarding claim 13 Curtis and Shah teach the invention as claimed and detailed above with respect to claims 11&12. Curtis also teaches:
wherein the collected data comprises at least one of:
at least one message communicated from or to the first user of the managed device,
the at least one message being one from a group comprising incoming text, incoming voice, outgoing text, and outgoing voice communication;
at least one browser search history of the first user of the managed device;
at least one application activity of the first user of the managed device;
at least one content consumed by the first user of the managed device;
sensor data relating to the first user of the managed device; (See at least [0048] via: “...The wearable user device 102 is configured to be worn on the user's body, near the body, or placed in the user's body (implantable) to collect biorhythm data of the user 118... the wearable user device 102 includes various sensors to detect one or more parameters pertaining to the emotions of the user 118..”)
or a combination thereof.
Regarding claims 14 Curtis and Shah teach the invention as claimed and detailed above with respect to claims 11&12. Curtis also teaches:
performing a sentiment analysis based on the collected data; (See at least [0020] via: “...The tracking module receives the biorhythm data from the wearable user device and monitors the interactions of a plurality of users and retrieves relevant data for analysis. The tracking module is integrated with one or more messaging platforms and one or more voice platforms of the computing device corresponding to the users to monitor textual interactions and audio interactions of the users. The tracking module processes the relevant data and the retrieved parameters to generate training data. The relevant data is pertaining to text, sentiment, and audio and the tracking module performs text analysis, sentiment analysis, and signal processing on the audio. The software learning agent module receives and processes the training data to determine the emotional state of the user in a plurality of scenarios....”) and
determining a dominant emotion of the first user based on the sentiment analysis. (See at least [0020] via: “...The software learning agent module receives and processes the training data to determine the emotional state of the user in a plurality of scenarios....”)
Claims 10, 15, 17-19 are rejected under 35 U.S.C. 103 as being un-patentable by Curtis , in view of Shah, in view of Freckleton et.al. (US 20220304603 A1) hereinafter “Freckleton”
Regarding claim 15 Curtis and Shah teach the invention as claimed and detailed above with respect to claim 11. However, Curtis and Shah are silent the following claim that is taught by Freckleton:
identifying, based on the monitored data, patterns triggering or leading to negative emotional states or distress; (See at least [0073] via: “...A user can experience a vast range of emotions while using the wearable device described herein. A simplified diagrammatic representation 600 illustrating a range of emotions which can be detected based on measurements of biological and/or physiological parameters using a wearable device as describe herein is provided in FIG. 6. For example, the emotional state monitoring device as described herein can be used to monitor one or more emotions including, but not limited to, afraid, alarmed, angry, tense, frustrated, annoyed, distressed, stressed, anxious, fatigued, astonished, amused, excited, elated, aroused, happy, delighted, glad, pleased, content, satisfied, serene, calm, relaxed, sleepy, tired, droopy, bored, gloomy, depressed, sad, upset, miserable, or any other emotion which the user is experiencing...”) and
determining whether the identified patterns triggering or leading to negative emotional states or distress reach or exceed one or more threshold values associated with the one or more emotional states of the first user. (See at least [0068] via: “...The wearable device 502 can determine an emotional state change 518 via measurements from the one or more physiological sensors 504 and/or the one or more context sensors 506. The emotional state change 518 can be indicated by changes in one or more physiological response by the user 550 (e.g. increased perspiration) while accounting for the user's environment through the one or more context sensors 506. The emotional state change 518 can have a predetermined threshold for emotional state indication..”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Curtis and Shah to incorporate the teachings of Freckleton. Those in the art would have recognized that Curtis’ teaching regarding collecting, monitoring and modulating biorhythm data of a plurality of users through individual wearable user devices to determine their emotional state could be modified to include Freckleton’s teaching regarding detecting via physiological sensors a change in at least one of the one or more physiological parameters, requesting, via a user device, an emotional state identifier corresponding to the change, and providing, via the user device, a suggested response based on the emotional state identifier. This combination would be beneficial in that the emotional state of a user obtained by the user’s wearable device could be further evaluated regarding any description, changes, thresholds and or suggested responses depending on the emotional state of the user.
Regarding claims 10 and 17 Curtis and Shah teach the invention as claimed and detailed above with respect to claims 1 and 11 respectively. However, Curtis and Shah are silent the following claims that are taught by Freckleton:
wherein generating a report indicating the one or more emotional states of the first user of the managed device comprises incorporating into the report at least one of:
a description of the one or more emotional states of the first user; (See at least [0073] via: “...A user can experience a vast range of emotions while using the wearable device described herein. A simplified diagrammatic representation 600 illustrating a range of emotions which can be detected based on measurements of biological and/or physiological parameters using a wearable device as describe herein is provided in FIG. 6. For example, the emotional state monitoring device as described herein can be used to monitor one or more emotions including, but not limited to, afraid, alarmed, angry, tense, frustrated, annoyed, distressed, stressed, anxious, fatigued, astonished, amused, excited, elated, aroused, happy, delighted, glad, pleased, content, satisfied, serene, calm, relaxed, sleepy, tired, droopy, bored, gloomy, depressed, sad, upset, miserable, or any other emotion which the user is experiencing...”)
a timeframe for which the one or more emotional states of the first user has been ongoing;
a root cause of, or suspected trigger for the one or more emotional states of the first user; and
the monitored data that caused or triggered the one or more emotional states of the first user)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Curtis and Shah to incorporate the teachings of Freckleton. Those in the art would have recognized that Curtis’ teaching regarding collecting, monitoring and modulating biorhythm data of a plurality of users through individual wearable user devices to determine their emotional state could be modified to include Freckleton’s teaching regarding detecting via physiological sensors a change in at least one of the one or more physiological parameters, requesting, via a user device, an emotional state identifier corresponding to the change, and providing, via the user device, a suggested response based on the emotional state identifier. This combination would be beneficial in that the emotional state of a user obtained by the user’s wearable device could be further evaluated regarding any description, changes, thresholds and or suggested responses depending on the emotional state of the user.
Regarding claim 18 Curtis, and Shah teach the invention as claimed and detailed above with respect to claim 11, and Curtis, Shah and Freckleton teach the invention as claimed and detailed above with respect to claim 17. However, Curtis and Freckleton are silent the following claims that is taught by Shah:
wherein generating the report indicating the one or more emotional states of the first user of the managed device further comprises: generating, via an artificial intelligence engine, a recommendation indicating one or more remedial actions that can be taken by the second user of the managing device to address the one or more emotional states of the first user of the managed device. (See at least [0038] via: “...The guardian input module 112 is configured to provide a pre-assessment questionnaire to collect behaviour data of the user from at least one guardian in the form of responses and transmit the responses to the server 108. In specific, the guardian comprises either a parent or a caregiver or both the parent and the caregiver. The pre-assessment questionnaire is displayed on a user interface 122 of the computing device 102 of the guardian..”; in addition see at least [0055] via: “...The precautionary components are administered to the user on a routine basis or administered as needed. The frequency and intensity of the interventions varies depending on the user's needs. The precautionary components are administered through the user interface 122 through the computing device 102. The user interface 122 is a web/mobile based platform that allows the user to access the precautionary strategies and to track their progress. The user interface 122 can also be used by caregivers to monitor the user's progress and to provide support. The precautionary components are an important part of the remote care. They can help to improve the user's emotional health and well-being, and they can help to reduce the risk of developing mental health problems..”; in addition see at least [0064] via: “... when the physiological parameter is detected by the wearable device 126. The responses are collected for in-the-moment questions by the guardian through the guardian input module 112. The guardian can use in-the-moment questions to get aids from a coach to optimize emotional equilibrium for the user, for example a child. By providing minimal information about the current scenario, the guardian can receive tailored strategies and tips to help the user in real time. Additionally, parents can take short training modules between emotion escalation episodes to learn new skills that can then be prompted during coaching...”; in addition see at least [0073] via: “... If the AI-based remote emotion detection and control system 100 predicts that the user is experiencing a negative emotion, the AI-based remote emotion detection and control system 100 will send an alert to the user or their caregiver. The AI-based remote emotion detection and control system 100 is a personalized system that is able to learn the user's unique patterns of emotions. This allows the AI-based remote emotion detection and control system 100 to provide more accurate predictions and improve the user's overall well-being...”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Curtis and Freckleton to incorporate the teachings of Shah. Those in the art would have recognized that Curtis’ teaching regarding collecting, monitoring and modulating biorhythm data of a plurality of users through individual wearable user devices to determine and reporting their emotional state could be modified to include Shah’s teaching regarding communication and transmission of data to a guardian computing device operated by a guardian with the capability of in turn providing feedback to the user via the wearable user device. This combination would be beneficial in that the emotional state of a user obtained by the user’s wearable device could be shared with a guardian connected to a guardian computing device which in turn has the capability of providing feedback to the user of the wearable device.
Regarding claims 19 Curtis and Shah teach the invention as claimed and detailed above with respect to claim 11. Curtis also teaches:
wherein generating the report indicating the one or more emotional states of the first user of the managed device comprises:
determining whether the one or more emotional states of the first user have reached or exceeded one or more threshold values corresponding to one or more emotional states; (See at least [0013] via: “...The feedback module performs a plurality of steps that initiates with a step of collecting physiological data of at least one physiological property of the user through a physiological data collection engine. The method includes the step of processing the physiological data into at least one biosignal through a biosignal generating engine. The method includes the step of monitoring and measuring the biosignal for a feedback activation condition through a feedback activation determining engine. The method includes the step of triggering feedback upon satisfying a feedback activation condition through feedback generating engine. The feedback activation condition triggers feedback when the measured value is more than one or more predetermined threshold values.. “)
However, Curtis and Shah are silent the following limitation that is taught by Freckleton:
automatically generating the report in response to at least one of the one or more emotional states reaching or exceeding a respective at least one of the one or more threshold values. (See at least [0070] via: “... Upon detection of a change in emotional state above the predetermined threshold, the wearable device 502 can prompt the user to acknowledge the change by providing a series of suggested responses. In at least one instance, the response selection 520 can include several suggested tasks that can celebrate a positive mood or mitigate a negative mood of the user as measured by the one or more physiological sensors. The user 550 can select the desired response via the display 508 on a user interface 510. In other instances, the response selection can be a single option based on user information 514 and/or user history 516 as described in greater detail below...”; in addition see at least [0025] via: “...the physiological parameter of the user and a pre-atypical behaviour physiological pattern of the user triggered by the physiological parameter is stored in the storage module. Next, the physiological parameter and the responses are analysed by the assessment module to detect the presence or absence of the pre-atypical behaviour physiological pattern and thereby generate a user condition data report..”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Curtis and Shah to incorporate the teachings of Freckleton. Those in the art would have recognized that Curtis’ teaching regarding collecting, monitoring and modulating biorhythm data of a plurality of users through individual wearable user devices to determine their emotional state could be modified to include Freckleton’s teaching regarding detecting via physiological sensors a change in at least one of the one or more physiological parameters, requesting, via a user device, an emotional state identifier corresponding to the change, and providing, via the user device, a suggested response based on the emotional state identifier. This combination would be beneficial in that the emotional state of a user obtained by the user’s wearable device could be further evaluated regarding any description, changes, thresholds and or suggested responses depending on the emotional state of the user.
Claims 5 are rejected under 35 U.S.C. 103 as being un-patentable by Curtis, in view of Shah, in view of Lurie et.al. (US 20170020444 A1) hereinafter “Lurie”
Regarding claim 5. Curtis and Shah teach the invention as claimed and detailed above with respect to claims 1, 2, 3. Curtis also teaches:
wherein the one or more threshold values comprise at least one of
(i) one or more individual threshold values associated with respective one or more individual emotional states of the first user (See at least [0013] via: “...The feedback module performs a plurality of steps that initiates with a step of collecting physiological data of at least one physiological property of the user through a physiological data collection engine. The method includes the step of processing the physiological data into at least one biosignal through a biosignal generating engine. The method includes the step of monitoring and measuring the biosignal for a feedback activation condition through a feedback activation determining engine. The method includes the step of triggering feedback upon satisfying a feedback activation condition through feedback generating engine. The feedback activation condition triggers feedback when the measured value is more than one or more predetermined threshold values..”) and
(ii) an overall threshold value associated with an overall emotional state of the first user that is determined based on a combination of the one or more individual emotional states
However, Curtis, and Shah are silent the following limitation that is taught by Lurie:
receiving, from the managing device of the second user, a command for setting or adjusting the one or more threshold values respectively associated with the one or more emotional states of the first user; setting or adjusting the one or more threshold values associated with the one or more emotional states of the first user according to the received command; (See at least [0035] via: “...As shown in FIG. 6A, the method 600A of the behavior-modification system for providing notifications can include a first step 610A of setting a physiological threshold value such as a heart rate, a respiration rate, or the like. The physiological threshold value can be directly set on a physiological sensor device by a user thereof, or the physiological threshold value can be remotely set on the physiological sensor device by the user or a healthcare professional through a network-connected client computer, for example, in a web browser interface. Upon setting the physiological threshold value, the method can monitor a physiological parameter corresponding to the physiological threshold value in a second step 640A. The method of the behavior-modification system can be configured to periodically determine or determine in real-time if the physiological parameter exceeds the physiological threshold value in a third step 650A..”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Curtis and Shah to incorporate the teachings of Lurie. Those in the art would have recognized that Curtis’ teaching regarding collecting, monitoring and modulating biorhythm data of a plurality of users through individual wearable user devices to determine their emotional state could be modified to include Lurie’s teaching regarding setting a physiological threshold value in a user interface for a user behavior-modification system, monitoring a physiological parameter corresponding to the physiological threshold value, and notifying the user with a notification when the user exceeds the physiological threshold value. This combination would be beneficial in that the emotional state of a user obtained by the user’s wearable device could be better monitored by setting certain threshold values, evaluating any changes, and suggested responses depending on the level of emotional state of the user.
Claims 16 are rejected under 35 U.S.C. 103 as being un-patentable by Curtis, in view of Shah, in view of Freckleton, in view of Lurie et.al. (US 20170020444 A1) hereinafter “Lurie”
Regarding claim 16. Curtis and Shah teach the invention as claimed and detailed above with respect to claim 11 and Curtis, Shah and Freckleton teach the invention as claimed and detailed above with respect to claim 15. Curtis also teaches:
wherein the one or more threshold values comprise at least one of
(i) one or more individual threshold values associated with respective one or more individual emotional states of the first user (See at least [0013] via: “...The feedback module performs a plurality of steps that initiates with a step of collecting physiological data of at least one physiological property of the user through a physiological data collection engine. The method includes the step of processing the physiological data into at least one biosignal through a biosignal generating engine. The method includes the step of monitoring and measuring the biosignal for a feedback activation condition through a feedback activation determining engine. The method includes the step of triggering feedback upon satisfying a feedback activation condition through feedback generating engine. The feedback activation condition triggers feedback when the measured value is more than one or more predetermined threshold values..”) and
(ii) an overall threshold value associated with an overall emotional state of the first user that is determined based on a combination of the one or more individual emotional states
However, Curtis, Shah and Freckleton are silent the following limitation that is taught by Lurie:
receiving, from the managing device of the second user, a command for setting or adjusting the one or more threshold values respectively associated with the one or more emotional states of the first user; setting or adjusting the one or more threshold values associated with the one or more emotional states of the first user according to the received command; (See at least [0035] via: “...As shown in FIG. 6A, the method 600A of the behavior-modification system for providing notifications can include a first step 610A of setting a physiological threshold value such as a heart rate, a respiration rate, or the like. The physiological threshold value can be directly set on a physiological sensor device by a user thereof, or the physiological threshold value can be remotely set on the physiological sensor device by the user or a healthcare professional through a network-connected client computer, for example, in a web browser interface. Upon setting the physiological threshold value, the method can monitor a physiological parameter corresponding to the physiological threshold value in a second step 640A. The method of the behavior-modification system can be configured to periodically determine or determine in real-time if the physiological parameter exceeds the physiological threshold value in a third step 650A..”)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Curtis, Shah, Freckleton to incorporate the teachings of Lurie. Those in the art would have recognized that Curtis’ teaching regarding collecting, monitoring and modulating biorhythm data of a plurality of users through individual wearable user devices to determine their emotional state could be modified to include Lurie’s teaching regarding setting a physiological threshold value in a user interface for a user behavior-modification system, monitoring a physiological parameter corresponding to the physiological threshold value, and notifying the user with a notification when the user exceeds the physiological threshold value. This combination would be beneficial in that the emotional state of a user obtained by the user’s wearable device could be better monitored by setting certain threshold values, evaluating any changes, and suggested responses depending on the level of emotional state of the user.
Prior Art Made of Record
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure, and is listed in the attached form PTO-892 (Notice of References Cited). Unless expressly noted otherwise by the Examiner, all documents listed on form PTO-892 are cited in their entirety.
Zimmermann (US 20220306155 A1)- INFORMATION PROCESSING CIRCUITRY AND INFORMATION PROCESSING METHOD - teaches: An information processing circuitry for controlling a content provided to a user inside a cabin of an autonomous vehicle, wherein the information processing circuitry is configured to: obtain environment data; acquire abstract content data, representing abstract content, being associated with the obtained environment data; measure initial user body data of the user and determine, based on the measured initial user body data, an initial emotional state of the user; determine and provide a first content, being associated with the abstract content, to the user; measure, in response to providing the first content to the user, first user body data of the user and determine, based on the measured first user body data, a first emotional state of the user; and if the initial emotional state and the first emotional state of the user are different: acquire user content data from a database, representing user content associated with a past user experience, being associated with the environment data, wherein the user content is associated with the first content, determine, based on a difference between the initial emotional state and the first emotional state of the user, a second content being associated with the user content and being associated with the first content, provide the second content to the user, measure, in response to providing the second content to the user, second user body data of the user and determine, based on the measured second user body data, a second emotional state of the user, and refine, based on a difference between the first emotional state and the second emotional and a difference between the initial emotional state and the second emotional state, the second content provided to the user for increasing the difference between the initial emotional state and the second emotional state of the user.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PIERRE L MACCAGNO whose telephone number is (571)270-5408. The examiner can normally be reached M-F 8:00 to 5:00.
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/PIERRE L MACCAGNO/Examiner, Art Unit 3687
/MAMON OBEID/Supervisory Patent Examiner, Art Unit 3687
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