DETAILED ACTION
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2, 4-6, 9, 14-15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Ambinder et al., US 2020/0298100, in view of Hess et al., US 2019/0209044.
In Reference to Claim 1
Ambinder et al. teaches a method for reducing physiological stress indicators of a user of a gaming device, the method comprising: receiving, by a biometric sensor unit, signals from a biometric sensor indicating a biological characteristic of a user wearing the biometric sensor unit (Abstract, Fig. 1 and Par. 40, 42, and 52); calibrating, by the biometric sensor unit, the biometric sensor (Par. 106) subsequent to the calibrating of the biometric sensor, converting, by the biometric sensor unit, the signals from the biometric sensor into gaming control signals corresponding to the biological characteristic of the user wearing the biometric sensor unit (Par. 106 which teaches recalibration and subsequent use, Par. 42 which teaches that biofeedback data from the sensor is send though an API and provided as input to modify a game, including where they “may replace and/or otherwise augment traditional physical game controllers.” See also Fig. 4); and wirelessly transmitting, by the biometric sensor unit, the gaming control signals to a
gaming console executing a game, wherein aspects of the game executing on the gaming console are controlled based on the gaming control signals (Par. 54 which teaches wireless transmission of data from the biofeedback sensors to the client device. Par. 46 which teaches the client device can include a game console. Par. 42 which teaches executing a game on a game console according to data from the biofeedback sensors).
However, although Ambinder et al. teaches a calibration process as described above, Ambinder et al. does not explicitly teach calibrating, the biometric sensor by receiving user input to set minimum and maximum threshold values for the biological characteristic detected by the biometric sensor.
Hess et al. teaches where a biometric sensor unit includes calibrating, the biometric sensor by receiving user input to set minimum and maximum threshold values for the biological characteristic detected by the biometric sensor (Fig. 13 ref. 276 “User Breathes at a Normal Clam Rate (Min and Max values of breath curve set to match user’s average breathing rate” and Par. 110-113. See also Fig. 19A-19C and Par. 114-116 which teaches calibration can involve an initial calibration phase and then subsequent readjustment so that games are either too hard or too easy for the user).
It would be desirable to modify the method of Ambinder et al. to include the calibration thresholds and adjustment for biometric signals as taught by Hess et al. in order to adapt the system to the physical capabilities or characteristics and unsure that the biometric control is neither too hard or too easy for them.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to modify the method of Ambinder et al. to include the calibration thresholds and adjustment for biometric signals as taught by Hess et al.
In Reference to Claim 9 and 17
Ambinder et al. teaches a gaming system and a wearable biometric sensor unit, comprising: a housing (Fig. 1, Par. 52 and 182 which teaches sensor integrated in various devices including integrated into an HMD); a user input control (Abstract and Par. 42 which teaches a user providing biometric control of a game, including where the biometric “replace and/or augment traditional physical game controllers.” See also Fig. 1 and Par. 51 which teaches physical game controllers); an attachment structure (Fig. 1, Par. 52 “eyeglasses, wrist bands, finger sensor attachments” and 182 “a head device (e.g., sensors integrated into an HMD device)”), a biometric sensor coupled to the attachment structure, the biometric sensor to generate signals based on a biological characteristic of a wearer of the biometric sensor unit (Par. 42); a processing unit (Fig. 2) configured to: receive the signals generated by the biometric sensor (Par. 191-194); calibrate the biometric sensor(Par. 106); convert in real-time the signals generated by the biometric sensor into gaming control signals corresponding to the biological characteristic of the user wearing the biometric sensor unit (Par. 42 which teaches that biofeedback data from the sensor is send though an API and provided as input to modify a game, including where they “may replace and/or otherwise augment traditional physical game controllers” and “the modifications may be performed substantially in real-time” See also Fig. 4 and Par. 121), and wirelessly transmit the gaming control signals to a gaming console executing a game, wherein aspects of the game executing on the gaming console are controlled based on the gaming control signals (Par. 54 which teaches wireless transmission of data from the biofeedback sensors to the client device. Par. 46 which teaches the client device can include a game console. Par. 42 which teaches executing a game on a game console according to data from the biofeedback sensors).
However, although Ambinder et al. teaches a calibration process as described above, Ambinder et al. does not explicitly teach calibrating, the biometric sensor by receiving user input to set minimum and maximum threshold values for the biological characteristic detected by the biometric sensor.
Hess et al. teaches where a biometric sensor unit includes calibrating, the biometric sensor by receiving user input to set minimum and maximum threshold values for the biological characteristic detected by the biometric sensor (Fig. 13 ref. 276 “User Breathes at a Normal Clam Rate (Min and Max values of breath curve set to match user’s average breathing rate” and Par. 110-113. See also Fig. 19A-19C and Par. 114-116 which teaches calibration can involve an initial calibration phase and then subsequent readjustment so that games are either too hard or too easy for the user).
It would be desirable to modify the device and system of Ambinder et al. to include the calibration thresholds and adjustment for biometric signals as taught by Hess et al. in order to adapt the system to the physical capabilities or characteristics and unsure that the biometric control is neither too hard or too easy for them.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to modify the device and method of Ambinder et al. to include the calibration thresholds and adjustment for biometric signals as taught by Hess et al.
In Reference to Claim 2
Ambinder et al. teaches where the biometric sensors are “arranged to gather various biofeedback measures such as heart activity, galvanic skin responses, body temperatures, eye movements, head or other body movements, or the like” however, Ambinder et al. does not explicitly teach where the biological characteristic is a breathing characteristic of the user.
Hess et al. teaches biometrically controlled gaming activity where the sensed biological characteristic of the user is a breathing characteristic (Abstract, Par. 91, Fig. 13, Fig. 19A-19C).
It would be desirable to modify the method of Ambinder et al. to measure breathing characteristics to control a game as taught by Hess et al. in order to allow games to be used in therapeutic contexts where it is desirable for a user to control their breathing as taught by Hess et al. (See Par. 90).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to modify the method of Ambinder et al. to measure breathing characteristics to control a game as taught by Hess et al.
In Reference to Claim 4-6 and 14-15
Ambinder et al. teaches wherein the biometric sensor unit comprises a cardiovascular monitoring device, receiving, by the biometric sensor unit, signals from the cardiovascular monitoring device indicating a heart rate of the user wearing the biometric sensor unit, and converting, by the biometric sensor unit, the signals from the cardiovascular monitoring device into gaming control signals corresponding to the heart rate of the user (Par. 42 “heart activity,” Par. 53 “heart rate,” Par. 104 “heart rate sensor”).
Claims 3 and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Ambinder et al., US 2020/0298100, Hess et al., US 2019/0209044, further in view of Laugstol, US 2018/0078208.
In Reference to Claim 3 and 10
Ambinder et al. and Hess et al. teach a method as described above in reference to Claim 2, including where the biometric characteristic is breathing. Further Ambinder et al. teaches where various different devices including wearable devices can be used for determining the biometric feedback data (Fig. 1 Par. 52-53 and 182). However, they do not teach where the biometric sensor comprises a strain gauge.
Laugstol teaches a wearable electronic sensor device for measuring breathing characteristics where the sensor is a strain gauge (Abstract, Fig. 3 and Par. 36-37).
It would be desirable to modify the method of Ambinder et al. and Hess et al. to include a strain gauge for measuring breathing biometric characteristics as taught by Laugstol in order to provide a wearable biometric sensor for determining user breathing movements that is easy and convenient for the user to put on and take off similar to the arm bands and head mounted devices explicitly taught by Ambinder et al.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to modify the method of Ambinder et al. and Hess et al. to include a strain gauge for measuring breathing biometric characteristics as taught by Laugstol.
In Reference to Claim 11
Ambinder et al. as modified by Hess et al. and Laugstol teaches further comprising a rigid mounting block and a translating mounting block (Laugstol Fig. 1 and 3 and Par. 37 “The protective plate 6 is free to move in a longitudinal direction of the sensor unit 1, i.e. in the direction of tensional forces transmitted from the belt 2, and the flexible ring allows movement relative to a casing of the sensor unit 1. It will be understood by those with skill in the art that it is sufficient that only one of the ends of the substrate 4 is free to move relatively to the casing, and as such, that the connection from the other end of the substrate 4 to the belt may also be rigidly attached to the casing.”).
In Reference to Claim 12
Ambinder et al. as modified by Hess et al. and Laugstol teaches wherein a first end of the strain gauge is coupled to the rigid mounting block and a second end of the strain gauge is coupled to the translating mounting block (Fig. 3 and Par. 37).
In Reference to Claim 13
Ambinder et al. as modified by Hess et al. and Laugstol teaches wherein the attachment structure is coupled to the translating mounting block, and wherein the translating mounting block is translatable relative to the rigid mounting block (Fig. 3 and Par. 37).
Claims 7-8, 16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ambinder et al., US 2020/0298100, Hess et al., US 2019/0209044, further in view of Kuck et al., US 2019/0217031.
In Reference to Claim 7
Ambinder et al. and Hess et al. teach a method as described above in reference to Claim 1. Further, Ambinder et al. teaches where the biometric sensors are “arranged to gather various biofeedback measures such as heart activity, galvanic skin responses, body temperatures, eye movements, head or other body movements, or the like.” And Hess et al. teaches calibration of the sensed biometric data during breathing as described above. However, Ambinder et al. does not teach receiving, by the biometric sensor unit, a first input during an inhale by the user and a second input during an exhale of the user.
Kuck et al. teaches a system for biometric input into an electronic game which includes receiving, by the biometric sensor unit, a first input during an inhale by the user and a second input during an exhale of the user (Par. 51 which teaches a user performing breathing in order to provide inputs to control a game and “As the patient breathes, the breathing sensors (e.g., the microphone 140 and flow sensor 142) can capture the patient's breathing patterns. Based on the patient's breathing patterns, the game can provide feedback to the patient. For example, if the patient does not breathe deeply enough, the game can prompt the patient accordingly and encourage the patient to continue trying. If, on the other hand, the patient breathes as prompted, the patient can score points, advance levels, obtain power ups or virtual items, etc. In this context, it is understood that the feedback provided by the game corresponds to visual representations, commands, and/or text shown on the display of the smartphone 220. For example, the visual scenes or text depicted on the display can be modified to encourage the patient to breath in a particular way (e.g., breathe in, breathe out, duration of inhale, duration of exhale, and the like).”).
It would have been obvious to modify the method of Ambinder et al. and Hess et al. to include both inhale and exhale as game inputs as taught by Kuck et al. in order to provide therapeutic measurement and feedback for both inhaling and exhaling in order better encourage the user to breath in a particular way.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to modify the method of Ambinder et al. and Hess et al. to include both inhale and exhale as game inputs as taught by Kuck et al.
In Reference to Claim 8, 16, and 19
Ambinder et al. and Hess et al. teaches a method as described above in reference to Claim 1, including where “The physical sensors may be connected to the game player, and in some implementations may replace and/or otherwise augment traditional physical game controllers.” (Par. 42). And Hess et al. which teaches calibration of the biometric sensor for providing game inputs as described above. See also Ambinder et al. Par. 115. However, Ambinder et al. does not explicitly teach wherein the gaming control signals are correlated to joystick movements, and wherein the joystick movements are based on the calibration of the biometric sensor.
Kuck et al. teaches wherein the gaming control signals are correlated to joystick movements, and wherein the joystick movements are based on the calibration of the biometric sensor (Par. 67 “it is contemplated that the pre-existing game can be adapted to interface with the breathing of the user using the face mask and flow sensors as disclosed herein. That is, the system 100 can be adapted to serve as a substitute or replacement for standardized game controllers, which typically include buttons, switches, and/or joysticks that can be selectively engaged or manipulated to control actions within the game environment (without the need for determining or measuring breathing parameters).”).
It would be desirable to modify the method of Ambinder et al. and Hess et al. to use calibrated biometric inputs to replace joystick movements as taught by Kuck et al. in order to allow the gaming system to utilize preexisting game software, that is expecting traditional physical game controller inputs but that the user prefers, within a therapeutic context where it is preferable for the user to provide biometric input rather than joystick input.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to modify the method of Ambinder et al. and Hess et al. to use calibrated biometric inputs to replace joystick movements as taught by Kuck et al.
In Reference to Claim 18
Ambinder et al. and Hess et al. teach a system for using biometric sensors to control a game as described above in reference to Claim 17. Further Ambinder et al. teaches where the system can include a headset (Par. 52 “a head-mounted display (HMD) device)”). However, they do not explicitly teach where the headset is a virtual reality headset of there the game is a virtual reality game.
Kuck et al. teaches a system for biometric control of a game (Par. 51) which includes a virtual reality headset of there the game is a virtual reality game (Par. 9, 14, 19).
It would be desirable to modify the system of Ambinder et al. and Hess et al. to use a virtual reality headset and a virtual reality game as taught by Kuck et al. in order to increase the enjoyment of the user by providing a more immersive gaming experience via virtual reality, particularly where the user is already utilizing wearable components of a game system such as a mead mounted display.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to modify the system of Ambinder et al. and Hess et al. to use a virtual reality headset and a virtual reality game as taught by Kuck et al.
In Reference to Claim 20
Ambinder et al. teaches where the biometric sensors are “arranged to gather various biofeedback measures such as heart activity, galvanic skin responses, body temperatures, eye movements, head or other body movements, or the like” however, Ambinder et al. does not explicitly teach where the biological characteristic is a breathing characteristic of the user.
Hess et al. teaches biometrically controlled gaming activity where the sensed biological characteristic of the user is a breathing characteristic (Abstract, Par. 91, Fig. 13, Fig. 19A-19C).
It would be desirable to modify the method of Ambinder et al. to measure breathing characteristics to control a game as taught by Hess et al. in order to allow games to be used in therapeutic contexts where it is desirable for a user to control their breathing as taught by Hess et al. (See Par. 90).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to modify the method of Ambinder et al. to measure breathing characteristics to control a game as taught by Hess et al.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Uberti et al., US 2023/0293999 teaches a system for calibrating biometric sensors for game input based on thresholds (Par. 46 and 85). Baneth, US 5,603,065 teaches using inhalation and exhalation to select commands to provide input to a computer (Col. 2 lines 24-30).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARL V LARSEN whose telephone number is (571)270-3219. The examiner can normally be reached Monday through Friday; 10:00 am - 6:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached at (571) 272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CARL V LARSEN/Examiner, Art Unit 3715
Prosecution Insights