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 .
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 1-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more.
Claim 1
Step 1: Claim 1 is directed to a method, thereby meeting step 1.
A method performed
Step 2A, Prong One: Claim 1 recites a “mental process” abstract idea that can be performed in the human mind or by using a pen and paper or a mathematical concept.
calculating a brain health index representing brain activity, brain flexibility, brain intelligence, and brain balance based on the brain wave data and calculating a mental health index representing autonomic nerve activity, autonomic nerve balance, and stress based on the heartbeat data; and
Step 2A, Prong Two: The following additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
(a) obtaining brain wave data and heartbeat data of a user;
(b) providing a service interface screen that graphically visualizes the calculated brain health index and mental health index.
(c) by a processor of a mental health information providing device
The additional element (a) is insignificant extra-solution activity, specifically, mere data gathering. MPEP 2106.05(g)(3), “Mere Data Gathering” examples iii, iv. “Adding insignificant extra-solution activity to the judicial exception, as discussed in MPEP § 2106.05(g).” MPEP 2106.04(d) Integration of a Judicial Exception Into A Practical Application.
Regarding (b), the additional element of providing interface screen step is insignificant extra-solution activity, specifically, selecting a particular data source or type of data to be manipulated. The displaying step is similar to the MPEP 2106.05(g)(3), “Selecting a particular data source or type of data to be manipulated” examples iii. The generating step amounts “necessary data gathering and outputting.” MPEP 2106.05(g)(3).
Regarding (c), the “processor,” under BRI, could be interpreted as a computer or computer components. The computer is recited at a high level of generality, performing a generic computer function. This generic processor limitation is no more than mere instructions to apply the exception using a generic computer component. MPEP 2106.05(f).
Step 2B: Additional elements are determined not to amount to an inventive concept after having considered them both individually and in combination; and the additional elements do not amount to significantly more than the judicial exception itself.
(a) obtaining brain wave data and heartbeat data of a user;
(b) providing a service interface screen that graphically visualizes the calculated brain health index and mental health index.
(c) processor
The additional element (a) is insignificant extra-solution activity, specifically, mere data gathering. MPEP 2106.05(g)(3), “Mere Data Gathering” examples iii, iv. The additional element is nominal or tangential addition to the claim. MPEP 2106.05(d)II examples i, iv.
Regarding (b), the additional element of providing interface screen step is insignificant extra-solution activity, specifically, selecting a particular data source or type of data to be manipulated. The displaying step is similar to the MPEP 2106.05(g)(3), “Selecting a particular data source or type of data to be manipulated” examples iii. The generating step amounts “necessary data gathering and outputting.” MPEP 2106.05(g)(3). “Presenting Offers” and “. . . requiring a consumer to view an advertisement” MPEP 2106.05(d).II.
Regarding (c), the “processor,” under BRI, could be interpreted as a computer or computer components. The computer is recited at a high level of generality, performing a generic computer function. This generic processor limitation is no more than mere instructions to apply the exception using a generic computer component. MPEP 2106.05(f).
Therefore, Claim 1 is rejected under 35 U.S.C. 101 for being directed to an abstract idea without significantly more.
Claim 2
Step 1: Claim 2 depends on Claim 1 and is directed to a method that is a process, thereby meeting step 1.
Step 2A, Prong One: Claim 2 does not recite additional limitations related to a judicial exception.
Step 2A, Prong Two; Step 2B: Claim 2 recites following additional elements:
wherein the service interface screen includes a region that displays an activation level of each frequency band of delta wave, theta wave, low-alpha, high-alpha, low-beta, middle-beta, high-beta, gamma calculated based on the brain wave data as a graph for the brain activity.
The additional element of displaying step is insignificant extra-solution activity, specifically, selecting a particular data source or type of data to be manipulated. The displaying step is similar to the MPEP 2106.05(g)(3), “Selecting a particular data source or type of data to be manipulated” examples iii. The generating step amounts “necessary data gathering and outputting.” MPEP 2106.05(g)(3). “Presenting Offers” and “. . . requiring a consumer to view an advertisement” MPEP 2106.05(d).II.
Claim 3
Step 1: Claim 3 depends on Claim 2 and is directed to a method that is a process, thereby meeting step 1.
Step 2A, Prong One: Claim 3 does not recite additional limitations related to a judicial exception.
Step 2A, Prong Two; Step 2B: Claim 3 recites following additional elements:
wherein the service interface screen includes a region where the brain activation level by each frequency band is displayed in different colors in the graph for the brain activity and a normal range region is displayed on a reference axis representing the brain activation level by each frequency band.
The additional element of displaying step is insignificant extra-solution activity, specifically, selecting a particular data source or type of data to be manipulated. The displaying step is similar to the MPEP 2106.05(g)(3), “Selecting a particular data source or type of data to be manipulated” examples iii. The generating step amounts “necessary data gathering and outputting.” MPEP 2106.05(g)(3). “Presenting Offers” and “. . . requiring a consumer to view an advertisement” MPEP 2106.05(d).II.
Claim 4
Step 1: Claim 4 depends on Claim 2 and is directed to a method that is a process, thereby meeting step 1.
Step 2A, Prong One: Claim 4 recite additional limitations related to a judicial exception of mental process or mathematical concept.
wherein the calculating includes further includes comparing the brain activation level of each of a plurality of frequency bands with a preset reference value, and generating a brain-related diagnosis result of the user based on a comparison result,
Step 2A, Prong Two; Step 2B: Claim 2 recites following additional elements:
the interface screen includes a region representing the diagnosis result in a region adjacent to the graph for the brain activity.
The additional element of displaying step is insignificant extra-solution activity, specifically, selecting a particular data source or type of data to be manipulated. The displaying step is similar to the MPEP 2106.05(g)(3), “Selecting a particular data source or type of data to be manipulated” examples iii. The generating step amounts “necessary data gathering and outputting.” MPEP 2106.05(g)(3). “Presenting Offers” and “. . . requiring a consumer to view an advertisement” MPEP 2106.05(d).II.
Claim 5
Step 1: Claim 5 depends on Claim 1 and is directed to a method that is a process, thereby meeting step 1.
Step 2A, Prong One: Claim 5 recites additional limitations related to a judicial exception of mathematical concept or mental process:
calculated based on the brain wave data
Step 2A, Prong Two; Step 2B: Claim 5 recites following additional elements:
wherein the service interface screen includes a region that represents connection strength between the brain regions
The additional element of displaying step is insignificant extra-solution activity, specifically, selecting a particular data source or type of data to be manipulated. The displaying step is similar to the MPEP 2106.05(g)(3), “Selecting a particular data source or type of data to be manipulated” examples iii. The generating step amounts “necessary data gathering and outputting.” MPEP 2106.05(g)(3). “Presenting Offers” and “. . . requiring a consumer to view an advertisement” MPEP 2106.05(d).II.
Claim 6
Step 1: Claim 6 depends on Claim 5 and is directed to a method that is a process, thereby meeting step 1.
Step 2A, Prong One: Claim 6 does not recite additional limitations related to a judicial exception.
Step 2A, Prong Two; Step 2B: Claim 5 recites following additional elements:
wherein the service interface screen includes a region where the connection strength is displayed at one point in the continuous spectrum corresponding to the brain flexibility, and brain network images corresponding to reference values of the continuous spectrum are displayed.
The additional element of displaying step is insignificant extra-solution activity, specifically, selecting a particular data source or type of data to be manipulated. The displaying step is similar to the MPEP 2106.05(g)(3), “Selecting a particular data source or type of data to be manipulated” examples iii. The generating step amounts “necessary data gathering and outputting.” MPEP 2106.05(g)(3). “Presenting Offers” and “. . . requiring a consumer to view an advertisement” MPEP 2106.05(d).II.
Claim 7
Step 1: Claim 7 depends on Claim 1 and is directed to a method that is a process, thereby meeting step 1.
Step 2A, Prong One: Claim 7 recites additional limitations related to a judicial exception of mathematical concept or mental process:
calculated based on the brain wave data
Step 2A, Prong Two; Step 2B: Claim 7 recites following additional elements:
wherein the service interface screen includes a region where a peak value of any one frequency band 2) of the frequency.
The additional element of displaying step is insignificant extra-solution activity, specifically, selecting a particular data source or type of data to be manipulated. The displaying step is similar to the MPEP 2106.05(g)(3), “Selecting a particular data source or type of data to be manipulated” examples iii. The generating step amounts “necessary data gathering and outputting.” MPEP 2106.05(g)(3). “Presenting Offers” and “. . . requiring a consumer to view an advertisement” MPEP 2106.05(d).II.
Claim 8
Step 1: Claim 8 depends on Claim 1 and is directed to a method that is a process, thereby meeting step 1.
Step 2A, Prong One: Claim 8 recites additional limitations related to a judicial exception of mathematical concept or mental process:
calculated based on the brain wave data
Step 2A, Prong Two; Step 2B: Claim 8 recites following additional elements:
wherein the service interface screen includes a region that represents a prefrontal activation asymmetry index
The additional element of displaying step is insignificant extra-solution activity, specifically, selecting a particular data source or type of data to be manipulated. The displaying step is similar to the MPEP 2106.05(g)(3), “Selecting a particular data source or type of data to be manipulated” examples iii. The generating step amounts “necessary data gathering and outputting.” MPEP 2106.05(g)(3). “Presenting Offers” and “. . . requiring a consumer to view an advertisement” MPEP 2106.05(d).II.
Claim 9
Step 1: Claim 9 depends on Claim 8 and is directed to a method that is a process, thereby meeting step 1.
Step 2A, Prong One: Claim 9 does not recite additional limitations related to a judicial exception.
Step 2A, Prong Two; Step 2B: Claim 9 recites following additional elements:
wherein the service interface screen includes a region that is configured such that the prefrontal activation asymmetry index points to a point on a semicircular scale corresponding to left and right prefrontal activation levels and that behavioral characteristic information according to asymmetry on the semicircular scale is displayed at both ends.
The additional element of displaying step is insignificant extra-solution activity, specifically, selecting a particular data source or type of data to be manipulated. The displaying step is similar to the MPEP 2106.05(g)(3), “Selecting a particular data source or type of data to be manipulated” examples iii. The generating step amounts “necessary data gathering and outputting.” MPEP 2106.05(g)(3). “Presenting Offers” and “. . . requiring a consumer to view an advertisement” MPEP 2106.05(d).II.
Claim 10
Step 1: Claim 10 depends on Claim 1 and is directed to a method that is a process, thereby meeting step 1.
Step 2A, Prong One: Claim 10 recites additional limitations related to a judicial exception of mathematical concept or mental process:
for calculating the mental health index based on the heartbeat data
Step 2A, Prong Two; Step 2B: Claim 10 recites following additional elements:
after the obtaining, extracting heart rate variability (HRV) data
The additional element is insignificant extra-solution activity, specifically, mere data gathering. MPEP 2106.05(g)(3), “Mere Data Gathering” examples iii, iv. The additional element is nominal or tangential addition to the claim.
Claim 11
Step 1: Claim 11 depends on Claim 10 and is directed to a method that is a process, thereby meeting step 1.
Step 2A, Prong One: Claim 11 recites additional limitations related to a judicial exception of mathematical concept or mental process:
calculated based on the heart rate variability data
Step 2A, Prong Two; Step 2B: Claim 11 recites following additional elements:
wherein the service interface screen includes a region that displays an activation level of each component of a very low frequency (VLF), a low frequency (LF), a high frequency (HF), and total power (TP) (including VLF, LF, and HF)
The additional element of displaying step is insignificant extra-solution activity, specifically, selecting a particular data source or type of data to be manipulated. The displaying step is similar to the MPEP 2106.05(g)(3), “Selecting a particular data source or type of data to be manipulated” examples iii. The generating step amounts “necessary data gathering and outputting.” MPEP 2106.05(g)(3). “Presenting Offers” and “. . . requiring a consumer to view an advertisement” MPEP 2106.05(d).II.
Claim 12
Step 1: Claim 12 depends on Claim 11 and is directed to a method that is a process, thereby meeting step 1.
Step 2A, Prong One: Claim 12 does not recite additional limitations related to a judicial exception.
Step 2A, Prong Two; Step 2B: Claim 12 recites following additional elements:
wherein the service interface screen includes a region where the activation level is displayed in different colors in the graph for the autonomic nerve activity and a normal range region is displayed on a reference axis representing the activation level.
The additional element of displaying step is insignificant extra-solution activity, specifically, selecting a particular data source or type of data to be manipulated. The displaying step is similar to the MPEP 2106.05(g)(3), “Selecting a particular data source or type of data to be manipulated” examples iii. The generating step amounts “necessary data gathering and outputting.” MPEP 2106.05(g)(3). “Presenting Offers” and “. . . requiring a consumer to view an advertisement” MPEP 2106.05(d).II.
Claim 13
Step 1: Claim 13 depends on Claim 11 and is directed to a method that is a process, thereby meeting step 1.
Step 2A, Prong One: Claim 13 does not recite additional limitations related to a judicial exception.
Step 2A, Prong Two; Step 2B: Claim 13 recites following additional elements:
wherein the service interface screen includes a region where the diagnosis result related to the autonomic nerve activity is displayed in a region adjacent to the graph for the autonomic nerve activity.
The additional element of displaying step is insignificant extra-solution activity, specifically, selecting a particular data source or type of data to be manipulated. The displaying step is similar to the MPEP 2106.05(g)(3), “Selecting a particular data source or type of data to be manipulated” examples iii. The generating step amounts “necessary data gathering and outputting.” MPEP 2106.05(g)(3). “Presenting Offers” and “. . . requiring a consumer to view an advertisement” MPEP 2106.05(d).II.
Claim 14
Step 1: Claim 14 depends on Claim 11 and is directed to a method that is a process, thereby meeting step 1.
Step 2A, Prong One: Claim 14 recites additional limitations related to a judicial exception of mathematical concept or mental process:
calculated based on the heart rate variability data
Step 2A, Prong Two; Step 2B: Claim 14 recites following additional elements:
wherein the service interface screen includes a region that displays sympathetic and parasympathetic nerve activity
The additional element of displaying step is insignificant extra-solution activity, specifically, selecting a particular data source or type of data to be manipulated. The displaying step is similar to the MPEP 2106.05(g)(3), “Selecting a particular data source or type of data to be manipulated” examples iii. The generating step amounts “necessary data gathering and outputting.” MPEP 2106.05(g)(3). “Presenting Offers” and “. . . requiring a consumer to view an advertisement” MPEP 2106.05(d).II.
Claim 15
Step 1: Claim 15 depends on Claim 14 and is directed to a method that is a process, thereby meeting step 1.
Step 2A, Prong One: Claim 15 does not recite additional limitations related to a judicial exception.
Step 2A, Prong Two; Step 2B: Claim 15 recites following additional elements:
wherein the service interface screen includes a region where each percentage ratio in the comparison graph for the autonomic nerve balance is displayed as a bar scale, and abnormal phenomenon information according to imbalance of the sympathetic and parasympathetic nerve activity is displayed at both ends.
The additional element of displaying step is insignificant extra-solution activity, specifically, selecting a particular data source or type of data to be manipulated. The displaying step is similar to the MPEP 2106.05(g)(3), “Selecting a particular data source or type of data to be manipulated” examples iii. The generating step amounts “necessary data gathering and outputting.” MPEP 2106.05(g)(3). “Presenting Offers” and “. . . requiring a consumer to view an advertisement” MPEP 2106.05(d).II.
Claim 16
Step 1: Claim 16 depends on Claim 10 and is directed to a method that is a process, thereby meeting step 1.
Step 2A, Prong One: Claim 16 recites additional limitations related to a judicial exception of mathematical concept or mental process:
calculated based on the heart rate variability data
Step 2A, Prong Two; Step 2B: Claim 16 recites following additional elements:
wherein the service interface screen includes a region that displays a stress index and stress resistance
The additional element of displaying step is insignificant extra-solution activity, specifically, selecting a particular data source or type of data to be manipulated. The displaying step is similar to the MPEP 2106.05(g)(3), “Selecting a particular data source or type of data to be manipulated” examples iii. The generating step amounts “necessary data gathering and outputting.” MPEP 2106.05(g)(3). “Presenting Offers” and “. . . requiring a consumer to view an advertisement” MPEP 2106.05(d).II.
Claim 17
Step 1: Claim 17 depends on Claim 16 and is directed to a method that is a process, thereby meeting step 1.
Step 2A, Prong One: Claim 17 does not recite additional limitations related to a judicial exception.
Step 2A, Prong Two; Step 2B: Claim 17 recites following additional elements:
wherein the service interface screen includes a region where the stress index and the stress resistance are displayed at one point in a continuous spectrum corresponding to the stress state.
The additional element of displaying step is insignificant extra-solution activity, specifically, selecting a particular data source or type of data to be manipulated. The displaying step is similar to the MPEP 2106.05(g)(3), “Selecting a particular data source or type of data to be manipulated” examples iii. The generating step amounts “necessary data gathering and outputting.” MPEP 2106.05(g)(3). “Presenting Offers” and “. . . requiring a consumer to view an advertisement” MPEP 2106.05(d).II.
Claim 18
Step 1: Claim 18 depends on Claim 10 and is directed to a method that is a process, thereby meeting step 1.
Step 2A, Prong One: Claim 18 does not recite additional limitations related to a judicial exception.
Step 2A, Prong Two; Step 2B: Claim 18 recites following additional elements:
(a) before the calculating, obtaining psychological test result data of the user, and
(b) the service interface screen includes a region that represents a numerical value corresponding to the test result data as a continuous spectrum graph for subjective psychological state.
The additional element (a) is insignificant extra-solution activity, specifically, mere data gathering. MPEP 2106.05(g)(3), “Mere Data Gathering” examples iii, iv. “Adding insignificant extra-solution activity to the judicial exception, as discussed in MPEP § 2106.05(g).” MPEP 2106.04(d) Integration of a Judicial Exception Into A Practical Application.
The additional element (b) of displaying step is insignificant extra-solution activity, specifically, selecting a particular data source or type of data to be manipulated. The displaying step is similar to the MPEP 2106.05(g)(3), “Selecting a particular data source or type of data to be manipulated” examples iii. The generating step amounts “necessary data gathering and outputting.” MPEP 2106.05(g)(3). “Presenting Offers” and “. . . requiring a consumer to view an advertisement” MPEP 2106.05(d).II.
Claim 19
Step 1: Claim 19 depends on Claim 18 and is directed to a method that is a process, thereby meeting step 1.
Step 2A, Prong One: Claim 19 recite additional limitations related to a judicial exception of mathematical concept or mental process.
wherein the calculating further includes generating a self-understanding value of the user based on the heart rate variability data and the psychological test result data, and
Step 2A, Prong Two; Step 2B: Claim 2 recites following additional elements:
the service interface screen includes a region that a continuous spectrum graph for self-understanding is placed in a region adjacent to a graph related to the mental health index, and the self-understanding value is displayed at one point in the continuous spectrum.
The additional element of displaying step is insignificant extra-solution activity, specifically, selecting a particular data source or type of data to be manipulated. The displaying step is similar to the MPEP 2106.05(g)(3), “Selecting a particular data source or type of data to be manipulated” examples iii. The generating step amounts “necessary data gathering and outputting.” MPEP 2106.05(g)(3). “Presenting Offers” and “. . . requiring a consumer to view an advertisement” MPEP 2106.05(d).II.
Claim 20
Step 1: Claim 20 depends on Claim 1 and is directed to a method that is a process, thereby meeting step 1.
Step 2A, Prong One: Claim 20 does not recite additional limitations related to a judicial exception.
Step 2A, Prong Two; Step 2B: Claim 20 recites following additional elements:
wherein the service interface screen includes a region where graphic objects representing diagnosis results of each of the brain health index representing the brain activity, brain flexibility, brain intelligence, and brain balance, and the mental health index representing the autonomic nerve activity, autonomic nerve balance, stress, and subjective psychological state are displayed.
The additional element of displaying step is insignificant extra-solution activity, specifically, selecting a particular data source or type of data to be manipulated. The displaying step is similar to the MPEP 2106.05(g)(3), “Selecting a particular data source or type of data to be manipulated” examples iii. The generating step amounts “necessary data gathering and outputting.” MPEP 2106.05(g)(3). “Presenting Offers” and “. . . requiring a consumer to view an advertisement” MPEP 2106.05(d).II.
Claim 21
Step 1: Claim 21 is directed to a device that is a machine, thereby meeting step 1.
Claim 21 is substantially similar to Claim 1. Claim 1’s analyses are applied to Claim 21. In addition, claim 21 recites: “A device comprising: a communication interface; a memory; and a processor operably connected to the communication interface and the memory, wherein the processor is configured to . . ..”
Regarding the claimed “device,” under BRI, could be interpreted as a computer or computer components. The computer is recited at a high level of generality, performing a generic computer function. This generic processor limitation is no more than mere instructions to apply the exception using a generic computer component. MPEP 2106.05(f).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 10, and 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Capodilupo et al. (US 20240074709 A1) in view of Roots (US 20220310215 A1) and Jorasch et al. (US 20210373676 A1).
Regarding Claim 1, Capodilupo teaches A method performed by a processor of a
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obtaining brain wave data and heartbeat data of a user (
Capodilupo [0254] . . . Other sensors may also or instead be used to monitor sleep activity, such as brain wave monitors, pupil monitors, and so forth, although the ability to incorporate these types of detection into a continuously wearable physiological monitoring device may be somewhat limited depending on the contemplated configuration.
Capodilupo [0068] . . .At the same time, continuous monitoring is not intended to exclude ordinary data acquisition interruptions such as temporary displacement of monitoring hardware due to sudden movements, changes in external lighting, loss of electrical power, physical manipulation and/or adjustment by a wearer, physical displacement of monitoring hardware due to external forces, and so forth. It will also be noted that heart rate data or a monitored heart rate, in this context, may more generally refer to raw sensor data such as optical intensity signals, or processed data therefrom such as heart rate data, signal peak data, heart rate variability data, or any other physiological or digital signal suitable for recovering heart rate information as contemplated herein. Furthermore, such heart rate data may generally be captured over some historical period that can be subsequently correlated to various other data or metrics related to, e.g., sleep states, recognized exercise activities, resting heart rate, maximum heart rate, and so forth.);
providing a service interface screen that graphically visualizes the calculated health data Capodilupo Fig. 12A,which includes calculated health data of 1206, 1208, 1210, and 1212).
Capodilupo does not explicitly disclose; however, Roots teaches mental health information providing device (Roots Figs. 5-7; Title “MENTAL HEALTH PLATFORM”);
calculating a mental health index representing autonomic nerve activity, autonomic nerve balance, and stress based on the heartbeat data (
Roots [0033] In some examples, the user interface can allow a plurality of peripheral devices to collect samples of biological data. For example, the biological data can include, but is not limited to: heartrate, heart rate variability (HRV), blood pressure, height, weight, temperature, among other data related to a user's current health condition. In some examples, the plurality of peripheral devices can include a blood pressure cuff and/or heart rate monitor to provide the biological data to the mental health platform. The data collected by the plurality of peripheral devices can be utilized during a decision at 220 in view of data collected by evidence-based symptoms measures at 216 and/or collected digital biomarkers at 214.
Roots [0038] The method 200 includes making a decision at 220. In some examples, the decisions at 220 are based in part on the collected digital biomarkers at 214, the evidence-based symptom measures at 216, and/or the patient entered data at 218. In some examples, the decisions at 220 can include identifying potential medical conditions of the patient, severity of the potential medical conditions of the patient, scoring associated with the plurality of evidence-based symptom measures at 216, subsequent questions to generate and provide to the patient, among other decisions or generated data that can be stored in the secure electronic health record at 208.
Medical condition of mental health representing healthy level of autonomic nerve activity, autonomic nerve balance, and stress.
Note the claim does not recite “calculating a mental health index by using calculated autonomic nerve activity value, autonomic nerve balance value, and stress value.”);
providing a service interface screen that graphically visualizes the calculated mental health index (After the combination of Capodilupo and Roots, the mental health diagnosis, severity levels, and scores are displayed according the graphical interfaces to display health data as shown by Capodilupo’s figures.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Roots’ mental health platform with Capodilupo. One of ordinary skill in the art would be motivated to help a user to monitor and improve mental health.
Capodilupo in view of Roots does not explicitly disclose; however, Jorasch teaches calculating a brain health index representing brain activity, brain flexibility, brain intelligence, and brain balance based on the brain wave data (
Jorasch [1896] . . . The headset device could measure brain wave activity using EEG sensors. This data could be sent to a central controller and used to measure brain health both immediately and overtime. . . . ), and
providing a service interface screen that graphically visualizes the calculated brain health indexAfter the combination of Jorasch with Capodilupo in view of Roots, the measured/calculated brain health conclusion are displayed according the graphical interfaces to display health data as shown by Capodilupo’s figures.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Jorasch’ brain health system with Capodilupo in view of Roots. One of ordinary skill in the art would be motivated to help a user to monitor and improve mental health.
Regarding Claim 10, Capodilupo in view of Roots and Jorasch teaches The method of claim 1, further comprising, after the obtaining, extracting heart rate variability (HRV) data for calculating the mental health index based on the heartbeat data (
Roots [0033] In some examples, the user interface can allow a plurality of peripheral devices to collect samples of biological data. For example, the biological data can include, but is not limited to: heartrate, heart rate variability (HRV), blood pressure, height, weight, temperature, among other data related to a user's current health condition. In some examples, the plurality of peripheral devices can include a blood pressure cuff and/or heart rate monitor to provide the biological data to the mental health platform. The data collected by the plurality of peripheral devices can be utilized during a decision at 220 in view of data collected by evidence-based symptoms measures at 216 and/or collected digital biomarkers at 214.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Roots’ mental health platform with Capodilupo. One of ordinary skill in the art would be motivated to help a user to monitor and improve mental health.
Regarding Claim 18, Capodilupo in view of Roots and Jorasch teaches The method of claim 10, further comprising:
before the calculating, obtaining psychological test result data of the user (
Roots Title “MENTAL HEALTH PLATFORM”
Roots [0023] Collecting the evidence-based system measures includes utilizing a plurality of platform screening tests that are executed to test for a plurality of different conditions. For example, each of the plurality of screening tests include a set of corresponding questions that are used to generate a score for the patient. The score can be utilized to indicate a likelihood of a corresponding condition. As described further herein, the plurality of platform screening tests can be designated based on the age of the patient and the score can be based on the responses provided by the patient. In some examples, the mental health platform is able to identify a particular condition is more probable during the execution of the plurality of screening tests and dynamically expands the set of questions associated with the particular condition. For example, the mental health platform can algorithmically expand the set of questions for a particular health condition based on answers to particular questions of the screening test for the particular health condition.
Roots [0048] . . . In some examples, the plurality of scores 336 can be compared to previous or subsequent scores associated with the particular patient to identify the progress of a particular treatment and/or update the treatment trajectory prediction for the patient. In this way, the treatment or clinical pathway recommendation can be updated more rapidly compared to previous methods.), and
the service interface screen includes a region that represents a numerical value corresponding to the test result data as a continuous spectrum graph for subjective psychological state (
Roots’ mental health related scores, after the combination of the references, could be displayed similar to Capodilupo’s continuous graph:
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Roots’ mental health platform with Capodilupo. One of ordinary skill in the art would be motivated to help a user to monitor and improve mental health.
Regarding Claim 19, Capodilupo in view of Roots and Jorasch teaches The method of claim 18,
wherein the calculating further includes generating a self-understanding value of the user based on the heart rate variability data and the psychological test result data (
Roots [0033] In some examples, the user interface can allow a plurality of peripheral devices to collect samples of biological data. For example, the biological data can include, but is not limited to: heartrate, heart rate variability (HRV), blood pressure, height, weight, temperature, among other data related to a user's current health condition. In some examples, the plurality of peripheral devices can include a blood pressure cuff and/or heart rate monitor to provide the biological data to the mental health platform. The data collected by the plurality of peripheral devices can be utilized during a decision at 220 in view of data collected by evidence-based symptoms measures at 216 and/or collected digital biomarkers at 214.
Roots [0038] The method 200 includes making a decision at 220. In some examples, the decisions at 220 are based in part on the collected digital biomarkers at 214, the evidence-based symptom measures at 216, and/or the patient entered data at 218. In some examples, the decisions at 220 can include identifying potential medical conditions of the patient, severity of the potential medical conditions of the patient, scoring associated with the plurality of evidence-based symptom measures at 216, subsequent questions to generate and provide to the patient, among other decisions or generated data that can be stored in the secure electronic health record at 208.
The self-understanding value is mapped to the potential medical conditions of the patient, severity of the potential medical conditions of the patient, or scoring associated with the plurality of evidence-based symptom measures.), and
the service interface screen includes a region that a continuous spectrum graph (e.g., graph that tracks the history of severity of the potential medical conditions of the patient) for self-understanding is placed in a region adjacent to a graph related to the mental health index (e.g., graph that tracks the history of scoring associated with the plurality of evidence-based symptom measures at 216), and the self-understanding value is displayed at one point in the continuous spectrum (
Roots’ mental health related scores, after the combination of the references, could be displayed similar to Capodilupo’s continuous graph:
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, where graphs are displayed in regions next to each other.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Roots’ mental health platform with Capodilupo. One of ordinary skill in the art would be motivated to help a user to monitor and improve mental health.
Regarding Claim 20, Capodilupo in view of Roots and Jorasch teaches The method of claim 1,
wherein the service interface screen includes a region where graphic objects representing diagnosis results of each of the brain health index representing the brain activity, brain flexibility, brain intelligence, and brain balance, and the mental health index representing the autonomic nerve activity, autonomic nerve balance, stress, and subjective psychological state are displayed (
[BRI on the record] “each of the brain health index representing the brain activity, brain flexibility, brain intelligence, and brain balance, and the mental health index representing the autonomic nerve activity, autonomic nerve balance, stress” is interpreted as “each of the brain health index and the mental health index, wherein the brain health index presents the brain activity, brain flexibility, brain intelligence, and brain balance, and wherein the mental health index represents the autonomic nerve activity, autonomic nerve balance, stress, and subjective psychological state.
[Mapping Analysis]
Jorasch [1896] . . . The headset device could measure brain wave activity using EEG sensors. This data could be sent to a central controller and used to measure brain health both immediately and overtime. . . .
Roots [0033] In some examples, the user interface can allow a plurality of peripheral devices to collect samples of biological data. For example, the biological data can include, but is not limited to: heartrate, heart rate variability (HRV), blood pressure, height, weight, temperature, among other data related to a user's current health condition. In some examples, the plurality of peripheral devices can include a blood pressure cuff and/or heart rate monitor to provide the biological data to the mental health platform. The data collected by the plurality of peripheral devices can be utilized during a decision at 220 in view of data collected by evidence-based symptoms measures at 216 and/or collected digital biomarkers at 214.
Roots [0038] The method 200 includes making a decision at 220. In some examples, the decisions at 220 are based in part on the collected digital biomarkers at 214, the evidence-based symptom measures at 216, and/or the patient entered data at 218. In some examples, the decisions at 220 can include identifying potential medical conditions of the patient, severity of the potential medical conditions of the patient, scoring associated with the plurality of evidence-based symptom measures at 216, subsequent questions to generate and provide to the patient, among other decisions or generated data that can be stored in the secure electronic health record at 208.
All this information could be displayed as summary, tips, graphs, charts, and numbers in a display like Capodilupo Fig. 12A:
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Roots’ mental health platform with Capodilupo. One of ordinary skill in the art would be motivated to help a user to monitor and improve mental health.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Jorasch’ brain health system with Capodilupo in view of Roots. One of ordinary skill in the art would be motivated to help a user to monitor and improve mental health.
Claim 21 is substantially similar to Claim 1. The rejection analyses for Claim 1 based on Capodilupo in view of Roots and Jorasch are applied to Claim 21. In addition, Claim 21 recites, “A device comprising: a communication interface; a memory; and a processor operably connected to the communication interface and the memory, wherein the processor is configured to . . .” (Capodilupo Figs 1-4).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Capodilupo in view of Roots and Jorasch as applied to Claim 1, in further view of BABA et al. (US 20220223294 A1) and Hong et al,. (US 20160039424 A1).
Regarding Claim 2, Capodilupo in view of Roots and Jorasch teaches The method of claim 1.
Capodilupo in view of Roots and Jorasch does not explicitly disclose; however, Baba teaches wherein the service interface screen includes a region that displays an activation level of each frequency band of delta wave, theta wave, low-alpha, high-alpha, low-beta,
Baba [0064] The brain waves are generally categorized as follows. The delta (δ) wave has a frequency range of between 1 to 4 Hz, and corresponds to the state of deep sleep without dreams, a non-REM sleep, decreases as the sleep becomes shallower, and corresponds to an unconscious state. The theta (θ) wave has a frequency range of between 4 to 8 Hz, and corresponds to a resting state, dozing-off state, a light fitful sleep, an intuitive state, a creative state, a state of accessing to memory, and insight. The low alpha (α) wave has a frequency range of between 8 to 10 Hz, and corresponds to a relaxed state (resting and conscious but introverted state), appears when closing eyes, and decreases when opening eyes. The high alpha (α) wave has a frequency range of between 10 to 12 Hz, and corresponds to a relaxed state (concentrated and extroverted state), appears when closing eyes, and decreases when opening eyes. The SMR (sensorimotor rhythm) has a frequency range of between 12 to 15 Hz, and corresponds to an in-the-zone state, a balanced state between relaxed and concentrated, appears before movement, and appears before thinking. The low beta (β) wave has a frequency range of between 15 to 20 Hz, and corresponds to thoughts and when solving problems. The high beta (β) wave has a frequency range of between 20 to 30 Hz, and corresponds to an alert state, a nervous state, a stressed state, and a worrying state. The low gamma (γ) wave has a frequency range of between 31 to 40 Hz, and corresponds to memory formation, a higher mental activity, a higher cognitive activity, a happy state. The middle gamma (γ) wave has a frequency range of between 41 to 50 Hz and corresponds to visual information processing. The biological information measuring apparatus 12 may measure part of all of the brain waves discussed above.
When Baba is combined with Capodilupo in view of Roots and Jorasch, Capodilupo’s interfaces, their regions, and their graphs are used to display these brain wave data based on frequencies.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Baba’ different frequencies with Capodilupo in view of Roots and Jorasch. One of ordinary skill in the art would be motivated to identify different brain issues that correspond to different frequency band.
Capodilupo in view of Roots, Jorasch, and Baba does not explicitly disclose; however, Hong teaches middle-beta (
[0155] The EEG is divided into 6 types according to frequency characteristics. Generally, a delta type indicates a “sleep” state, a theta type a “drowsy state,” an alpha type a “comfortable state,” a low beta type an “concentrated state,” an middle beta type a “watchful state,” and a high beta an “excited state.” That is, a personal psychological state of the user is determined through the EEG.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Hong’s middle beta with Capodilupo in view of Roots, Jorasch, and Baba. One of ordinary skill in the art would be motivated to identify more categories of information about a user/patient.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Capodilupo in view of Roots, Jorasch, Baba, and Hong as applied to Claim 2, in further view of Wexler et al. (US 20200375549 A1).
Regarding Claim 3, Capodilupo in view of Roots, Jorasch, Baba, and Hong teaches The method of claim 2.
Capodilupo in view of Roots, Jorasch, Baba, and Hong does not explicitly disclose; but Wexler teaches wherein the service interface screen includes a region where the brain activation level by each frequency band is displayed in different colors in the graph for the brain activity and a normal range region is displayed on a reference axis representing the brain activation level by each frequency band (
Wexler [0120] . . . For example, rather than displaying a vertical axis labeled with blood glucose levels, the blood glucose values shown in the graph 642 can be color-coded or otherwise visually distinguished to indicate whether they are high, low, or within normal range. The interface 640 can also include an alert notification 644 with information regarding the patient's predicted blood glucose state, if appropriate (e.g., the patient's blood glucose level is predicted to go too low within the next 30 minutes).
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After the combination of the references, the data from Claim 2’s each frequency band are plotted according to Wexler’s figure and according to Capodilupo’s interfaces, e.g., Figs. 12A, 28).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Wexler’s graphing technique with Capodilupo in view of Roots, Jorasch, and Baba. One of ordinary skill in the art would be motivated to help a user to digest health data to keep healthy.
Regarding Claim 4, Capodilupo in view of Roots, Jorasch, Baba, Hong, and Wexler teaches The method of claim 2,
wherein the calculating includes further includes comparing the brain activation level of each of a plurality of frequency bands with a preset reference value (627) (
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generating a brain-related diagnosis result of the user based on a comparison result, and the interface screen includes a region representing the diagnosis result in a region adjacent to the graph for the brain activity (
Wexler [0120] . . . For example, rather than displaying a vertical axis labeled with blood glucose levels, the blood glucose values shown in the graph 642 can be color-coded or otherwise visually distinguished to indicate whether they are high, low, or within normal range. The interface 640 can also include an alert notification 644 with information regarding the patient's predicted blood glucose state, if appropriate (e.g., the patient's blood glucose level is predicted to go too low within the next 30 minutes).).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Wexler’s graphing technique with Capodilupo in view of Roots, Jorasch, and Baba. One of ordinary skill in the art would be motivated to help a user to digest health data to keep healthy.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Capodilupo in view of Roots, and Jorasch as applied to Claim 1, in further view of NARDI (US 20150079578 A1).
Regarding Claim 5, Capodilupo in view of Roots, and Jorasch teaches The method of claim 1.
Capodilupo in view of Roots, and Jorasch does not explicitly disclose; however, NARDI teaches wherein the service interface screen (e.g., interface screen shown in Capodilupo Fig. 12A) includes a region that represents connection strength (“level of intensity”) between the brain regions calculated based on the brain wave data as a continuous spectrum graph (e.g., continuous graph/chart in Capodilupo Fig. 12A) for the brain flexibility (“neurological skills”) (
“A method of formulating a novel psychometric instrument (scorable questionnaire), based on data from brain mapping, for the purpose of generating a neurological skills profile for an individual, comprising the following steps: (a) Conducting brain wave mapping on human subjects to identify the levels of intensity of specific brain wave patterns in and across regions with known functions, while administering tasks related to specific brain regions; (b) Researching and developing a table of neurological functions for specific regions of the brain neocortex, and linking said functions with the brain mapping data from step (a), (c) Assessing cognitive skill levels and/or psychological traits/types of each subject; . . ..” Nardi Claim 1.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine NARDI’s with Capodilupo in view of Roots, and Jorasch. One of ordinary skill in the art would be motivated to monitor a user’s more nuanced brain/mental health conditions. Nardi states:
[0116] This invention meets the criteria for patentability, as it is a useful, novel, and unobvious process. It employs a method of physically mapping brain waves, and using the known functions of brain regions, with verification from a psychometric instrument, to determine neurological and cognitive skills for individuals. . . .
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Capodilupo in view of Roots, Jorasch, and Nardi as applied to Claim 5, in further view of NARDI (US 20150045688 A1) (thereafter as Nardi-2) and Wexler et al. (US 20200375549 A1).
Regarding Claim 6, Capodilupo in view of Roots, Jorasch and Nardi teaches The method of claim 5,
wherein the service interface screen includes a region where the connection strength is displayed at one point in the continuous spectrum corresponding to the brain flexibility (
“A method of formulating a novel psychometric instrument (scorable questionnaire), based on data from brain mapping, for the purpose of generating a neurological skills profile for an individual, comprising the following steps: (a) Conducting brain wave mapping on human subjects to identify the levels of intensity of specific brain wave patterns in and across regions with known functions, while administering tasks related to specific brain regions; (b) Researching and developing a table of neurological functions for specific regions of the brain neocortex, and linking said functions with the brain mapping data from step (a), (c) Assessing cognitive skill levels and/or psychological traits/types of each subject; . . ..” Nardi Claim 1.
The intensity level across region connections could be graphed and will be similar to Capodilupo’s Fig. 12A after the combination of the references.)
Capodilupo in view of Roots, Jorasch, and Nardi does not explicitly disclose; however, Nardi-2 teaches brain network images (
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine NARDI-2’s brain network images with Capodilupo in view of Roots, Jorasch, and Nardi. One of ordinary skill in the art would be motivated to allow a user to easily recognize the connections among different brain regions.
Capodilupo in view of Roots, Jorasch, Nardi, and Nardi-2 does not explicitly disclose; however, Wexler teaches brain network images corresponding to reference values of the continuous spectrum are displayed (
Wexler [0120] . . . For example, rather than displaying a vertical axis labeled with blood glucose levels, the blood glucose values shown in the graph 642 can be color-coded or otherwise visually distinguished to indicate whether they are high, low, or within normal range. The interface 640 can also include an alert notification 644 with information regarding the patient's predicted blood glucose state, if appropriate (e.g., the patient's blood glucose level is predicted to go too low within the next 30 minutes).
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After the combination of the references, NARDI’s cross-region intensity level are plotted according to Wexler’s figure and according to Capodilupo’s interfaces, e.g., Figs. 12A, 28; and the plot corresponds the cross-region connection depicted in NARDI-2’s fig. 2.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Wexler’s graphing technique with Capodilupo in view of Roots, Jorasch, Nardi, and Nardi-2. One of ordinary skill in the art would be motivated to help a user to keep healthy by being well-informed about his/her health information and interpretation of the health information.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Capodilupo in view of Roots, and Jorasch as applied to Claim 1, in further view of Shim (WO 2021256796 A1) and MURPHY et al. (WO 2018191310 A1).
Regarding Claim 7, Capodilupo in view of Roots, and Jorasch teaches The method of claim 1.
However, Capodilupo in view of Roots, and Jorasch does not explicitly disclose; however, Shim teaches wherein the service interface screen includes a region where a peak value of any one frequency band calculated based on the brain wave data is represented as a graph for the brain intelligence “4 is a diagram illustrating a spectrum of an EEG signal for each group. Referring to FIG. 4 , it can be seen that the value of the alpha 2 frequency band decreases in some channels. Psychiatric patients had reduced power in the alpha2 band at the front (1.580 ± 1.395 μV2 vs. 2.590 ± 1.897 μV2, p = 0.016), central (1.915 ± 1.917 μV2 vs. 2.838 ± 2.354 μV2, p = 0.044) and temporal (2.219). indicates When the analysis device identifies that the power value of the alpha 2 band is reduced in the EEG signal input through electrodes attached to the front, center, and temporal parts of the brain cortex of the Alzheimer's patient, it can be determined that the subject has psychotic symptoms.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Shim’s Alzheimer patient’s monitoring with Capodilupo in view of Roots, and Jorasch. One of ordinary skill in the art would be motivated to diagnose or monitoring a patient (e.g., Alzheimer)’s brain condition.
Capodilupo in view of Roots, Jorasch, and Shim does not explicitly disclose; however, MURPHY teaches presenting data in a quadrant representing a frequency (“In one embodiment, a personalized resonant frequency brain wave value 542 is also presented on the display 525 in quadrant 533 near the peak 541 of the processed EEG graph 540. One advantage of presenting the personalized resonant frequency brain wave value 542 is to validate the calculated personalized resonant frequency brain wave value 542 against the frequency being delivered under the treatment protocol.” MURPHY ¶ 92.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine MURPHY’s quadrant with Capodilupo in view of Roots, Jorasch, and Shim. One of ordinary skill in the art would be motivated to make it easier a user to digest information. diagnose or monitoring a patient (e.g., Alzheimer)’s brain condition. “One advantage of presenting the personalized resonant frequency brain wave value 542 is to validate the calculated personalized resonant frequency brain wave value 542 against the frequency being delivered under the treatment protocol.” MURPHY ¶ 92.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Capodilupo in view of Roots, and Jorasch as applied to Claim 1, in further view of Song et al. (WO 2020243910 A1) and KURAHASH (WO 2022050344 A1).
Regarding Claim 8, Capodilupo in view of Roots, and Jorasch teaches The method of claim 1. Capodilupo in view of Roots, and Jorasch does not explicitly disclose; however, Song teaches wherein the service interface screen includes a region that represents a prefrontal activation asymmetry index calculated based on the brain wave data as a circular scale graph for the brain balance (“According to an exemplary embodiment of the present disclosure, the correspondence relationship between the brain electrical energy value and the index for evaluating the projection content may include at least one of the following: brain electrical energy value of the alpha band of the left prefrontal area The asymmetry between the EEG energy value of the alpha band in the right prefrontal area corresponds to the emotional valence index; the EEG energy value of the alpha band in the occipital area corresponds to the emotional arousal index; the theta band of the left prefrontal area The EEG energy value and the EEG energy value of the theta band of the right prefrontal area correspond to the concentration index; the average EEG energy value of the alpha band of the parieto-occipital area corresponds to the fatigue index, where the average EEG energy value is The average value of the brain electrical energy values of the alpha band of all brain waves collected in the parieto-occipital area; the brain electrical energy value of the gamma frequency band of the occipital area corresponds to the motor vertigo index; and the brain electrical energy value of the theta frequency band of the right temporal area The value corresponds to the preference index.” Song p. .
Capodilupo Fig. 10
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Song’s asymmetry index with Capodilupo in view of Roots, and Jorasch. One of ordinary skill in the art would be motivated to estimate a user’s emotional state, and help to better monitor and/or manage a user’s emotional state.
Capodilupo in view of Roots, Jorasch, and Song does not explicitly disclose; however, KURAHASHI teaches the scale graph is semicircular (
KURAHASHI Fig. 10:
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“It may also be shown in a half-pie chart (eg, first operation time 444 and second operation time 453).”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine KURAHASHI’s semicircular chart with Capodilupo in view of Roots, Jorasch, and Song. One of ordinary skill in the art would be motivated to save screen space, because semicircular scale graph takes less screen space compared circular scale graph.
Regarding Claim 9, Capodilupo in view of Roots, Jorasch, Song, and KURAHASHI teaches The method of claim 8, wherein the service interface screen includes a region that is configured such that the prefrontal activation asymmetry index points to a point on a semicircular scale corresponding to left and right prefrontal activation levels and that behavioral characteristic information according to asymmetry on the semicircular scale is displayed at both ends (“According to an exemplary embodiment of the present disclosure, the correspondence relationship between the brain electrical energy value and the index for evaluating the projection content may include at least one of the following: brain electrical energy value of the alpha band of the left prefrontal area The asymmetry between the EEG energy value of the alpha band in the right prefrontal area corresponds to the emotional valence index; the EEG energy value of the alpha band in the occipital area corresponds to the emotional arousal index; the theta band of the left prefrontal area The EEG energy value and the EEG energy value of the theta band of the right prefrontal area correspond to the concentration index; the average EEG energy value of the alpha band of the parieto-occipital area corresponds to the fatigue index, where the average EEG energy value is The average value of the brain electrical energy values of the alpha band of all brain waves collected in the parieto-occipital area; the brain electrical energy value of the gamma frequency band of the occipital area corresponds to the motor vertigo index; and the brain electrical energy value of the theta frequency band of the right temporal area The value corresponds to the preference index.”
KURAHASHI Fig. 10:
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After the combination of references, left and right prefrontal activation levels are presented at the left and right side of the half pie chart. Other related information will be displayed according to Capodilupo’s Fig. 12A.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Song’s asymmetry index with Capodilupo in view of Roots, and Jorasch. One of ordinary skill in the art would be motivated to estimate a user’s emotional state, and help to better monitor and/or manage a user’s emotional state.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine KURAHASHI’s semicircular chart with Capodilupo in view of Roots, Jorasch, and Song. One of ordinary skill in the art would be motivated to save screen space, because semicircular scale graph takes less screen space compared circular scale graph.
Claim(s) 11 are rejected under 35 U.S.C. 103 as being unpatentable over Capodilupo in view of Roots, and Jorasch as applied to Claim 10, in further view of Won et al. (US 20210314695 A1).
Regarding Claim 11, Capodilupo in view of Roots, and Jorasch teaches The method of claim 10.
Capodilupo in view of Roots, and Jorasch does not explicitly disclose; however, Won teaches wherein the service interface screen includes a region that displays an activation level of each component of a very low frequency (VLF), a low frequency (LF), a high frequency (HF), and total power (TP) (including VLF, LF, and HF) calculated based on the heart rate variability data as a graph for the autonomic nerve activity (
[0052] In addition, in the above embodiment, after wearers wore an electrocardiogram (ECG) sensor and a photo-plethysmography (PPG) sensor, a heart rate variability (HRV) analysis was performed, while VNS stimulation was performed, and from the HRV analysis, time domain parameters (e.g., mean HRT, standard deviation of average NN interval (SDANN), RMSSD, PSI, etc.) and frequency domain parameters (e.g., total power (TP), very low frequency (VLF), low frequency (LF), high frequency (HF), normalized LF and normalized HF, LF/HF ratio, etc.) are calculated. Table 1 shows values of the time domain parameters, and Table 2 shows values of the frequency domain parameters.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Won’s HRV monitoring and interpretation with Capodilupo in view of Roots, and Jorasch. One of ordinary skill in the art would be motivated to efficiently/accurately monitor a user’s health condition. Won states:
[0053] It can be seen that, by stimulation based on near-infrared ray emission according to the present disclosure, parameters according to an HRV analysis were above normal in all ranges as shown in Table 1, the mean HRT was lowered after stimulation to activate a function of the parasympathetic nervous system.
Regarding Claim 12, Capodilupo in view of Roots, Jorasch and Won teaches The method of claim 11, wherein the service interface screen includes a region where the diagnosis result related to the autonomic nerve activity is displayed in a region adjacent to the graph for the autonomic nerve activity (
The diagnosis information as taught by Won could be displayed according to Capodilupo’s figures that include Fig. 12A:
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Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Capodilupo in view of Roots, Jorasch, and Won as applied to Claim 11, in further view of Wexler et al. (US 20200375549 A1).
Regarding Claim 13, Capodilupo in view of Roots, Jorasch, and Won teaches The method of claim 11.
Capodilupo in view of Roots, Jorasch, and Won does not explicitly disclose; however, Wexler teaches wherein the service interface screen includes a region where the activation level is displayed in different colors in the graph for the autonomic nerve activity and a normal range region is displayed on a reference axis representing the activation level (
Wexler [0120] . . . For example, rather than displaying a vertical axis labeled with blood glucose levels, the blood glucose values shown in the graph 642 can be color-coded or otherwise visually distinguished to indicate whether they are high, low, or within normal range. The interface 640 can also include an alert notification 644 with information regarding the patient's predicted blood glucose state, if appropriate (e.g., the patient's blood glucose level is predicted to go too low within the next 30 minutes).
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After the combination of references, Claim 11’s data are displayed according to Wexler and Capodilupo’s fig. 12A.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Wexler’s graphing technique with Capodilupo in view of Roots, Jorasch, and Wopn. One of ordinary skill in the art would be motivated to help a user to keep healthy by being well-informed about his/her health information and interpretation of the health information.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Capodilupo in view of Roots, and Jorasch as applied to Claim 10, in further view of WAIL et al. (WO 2022079660 A1).
Regarding Claim 14, Capodilupo in view of Roots, and Jorasch teaches The method of claim 10.
Capodilupo in view of Roots, and Jorasch does not explicitly disclose; however, Wail teaches wherein the service interface screen includes a region that displays sympathetic and parasympathetic nerve activity calculated based on the heart rate variability data as a percentage ratio in a comparison graph with respect to the autonomic nerve balance (
“The proposed approach uses biometric techniques that use psychophysiological measures such as HRV, respiratory responses, pupillary response (pupillometry) or EDA to assess cognitive load while executing code review tasks, and inherently infer the difficulty and mental effort associated with such tasks. Particularly, HRV has shown promising results to index cognitive load induced either by stress or mental tasks. Studies have proved that HRV can tell much information about the mental state of the person. HRV consists of two components sympathetic and parasympathetic nervous systems. The Low Frequency (LF) variability of the heart rate is associated with the blood pressure control (i.e., sympathetic) whereas High Frequency (HF) of the heart rate variability is associated with respiratory sinus arrhythmia (i.e., parasympathetic), so the HRV LF/HF ratio of the heart rate can be perceived as a reliable indicator of the mental workload.” Wail p. .).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Wail’s HRV monitoring and data interpretation with Capodilupo in view of Roots, and Jorasch. One of ordinary skill in the art would be motivated to help a user monitor mental state to maintain or improve mental state.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Capodilupo in view of Roots, Jorasch, and Wail as applied to Claim 14, in further view of Erokhin et al. (US 20200241157 A1).
Regarding Claim 15, Capodilupo in view of Roots, Jorasch, and Wail teaches The method of claim 14.
Capodilupo in view of Roots, Jorasch, and Wail does not explicitly disclose; however, Erokhin teaches wherein the service interface screen includes a region where each percentage ratio in the comparison graph for the autonomic nerve balance is displayed as a bar scale, and abnormal phenomenon information according to imbalance of the sympathetic and parasympathetic nerve activity is displayed at both ends (
Erokhin [0015] FIG. 7. is a bar chart representing percentage ratio of total emitted seismic energy to total pumping power for various MHF stages.
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After the combination of the references, the data generated according to Capodilupo in view of Roots, Jorasch, and Wail for Claim 14 will be displayed according to Erokhin and Capodilupo’s figures.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Erokhin’s bar chart with Capodilupo in view of Roots, Jorasch, and Wail. One of ordinary skill in the art would be motivated to help a user to digest and/or compare data.
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Capodilupo in view of Roots, and Jorasch as applied to Claim 10, in further view of Goldstein et al. (US 20200107778 A1) and Kim et al. (US 20150182160 A1).
Regarding Claim 16, Capodilupo in view of Roots, and Jorasch The method of claim 10.
Capodilupo in view of Roots, and Jorasch does not explicitly disclose; however, Goldstein teaches wherein the service interface screen includes a region that displays a stress index
Goldstein[0052] In another non-limiting example, the stress index 200 is calculated by using beat-to-beat heart rate variability (HRV) that is caused by a fluctuating balance between sympathetic tone and parasympathetic tone at the sinoatrial node. It is used for markers of autonomic modulation of the heart. Methods for analyzing HRV include: statistical (time domain), power spectral (frequency domain) and nonlinear geometrical analysis. Time and frequency domain methods provide a noninvasive, linear means of assessing the regulation of the autonomic system.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Goldstein’s stress index calculation with Capodilupo in view of Roots, and Jorasch. One of ordinary skill in the art would be motivated to conveniently and/or efficiently monitor a user’s stress level.
Capodilupo in view of Roots, and Jorasch and Goldstein does not explicitly disclose; however, Kim teaches displaying stress resistancecalculated based on the heart rate variability data as a continuous spectrum graph for the stress state (
[0097] The first device control module 160 may support a pulse stress measurement function. A pulse variation graph shows a variation of heart heat. Here, a larger variation may represent stronger health. The first device control module 160 may determine that the pulse variation is normal if the pulse variation of an adult is, for example, about 30-40 on average and may determine that an adult user is under chronic stress if the pulse variation is about 20 or lower. The first device control module 160 may output information corresponding to a state where there is almost no stress if the pulse variation is about 25 or lower and may output information corresponding to a state where there is temporary stress if the pulse variation is about 25-35 inclusive, through the pulse stress measurement function. The first device control module 160 may output information corresponding to a state of initial stress if the pulse variation is about 35-45 inclusive, may output information corresponding to a period in which temporary stress is repeated and stress resistance is weakened if the pulse variation is about 45-60 inclusive, and may output information corresponding to a state of progressing to chronic stress.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kim’s stress resistance estimation with Capodilupo in view of Roots, and Jorasch and Goldstein. One of ordinary skill in the art would be motivated to conveniently and/or efficiently monitor a user’s stress related information, so that the user could better manage stress.
Regarding Claim 17, Capodilupo in view of Roots, Jorasch, Goldstein, and Kim teaches The method of claim 16, wherein the service interface screen includes a region where the stress index and the stress resistance are displayed at one point in a continuous spectrum corresponding to the stress state (
Data generated according to Capodilupo in view of Roots, Jorasch, Goldstein, and Kim for Claim 16 are displayed according to Capodilupo’s figures include 12A and 24.
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Conclusion
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/ZHENGXI LIU/Primary Examiner, Art Unit 2611
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