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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “arousal state acquiring circuitry” as recited in claim 2.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-11 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1, 3, and 17 of copending Application No. 19/132,888 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Regarding claim 1 of the present case, Claim 17 of ’888 recites an arousal state control system (Claim 17, line 1), comprising: a sensor (Claim 17, line 2) to acquire biological information of a user (Claim 17, line 2); stimulation processing circuitry (Claim 17, line 3) configured to determine, based on the biological information (Claim 17, line 5), one or more types of stimuli (Claim 17, lines 3-4) to control a state of arousal of the user (Claim 17, lines 4-5); and a stimulator (Claim 17, line 10) to apply the one or more types of stimuli (Claim 17, lines 10-11) determined by the stimulation processing circuitry to the user (Claim 17, lines 6-7).
Regarding claim 8 of the present case, Claims 1 and 3 of ’888 recite a wearable device (Claim 1, line 1) comprising: a body (Claim 1, line 3); a first stimulator at a first portion of the body (Claim 3, lines 3-4) to apply a first stimulus (Claim 1, lines 4-6); and a second stimulator at a second portion of the body (Claim 3, lines 5-6) to apply a second stimulus (Claim 1, lines 4-6) different from the first stimulus (Claim 3, lines 6-7), one or both of the first stimulator and the second stimulator being driven based on biological information of a user wearing the body (Claim 1, lines 4-6).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 2 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventors, at the time the application was filed, had possession of the claimed invention. The specification does not recite “arousal state acquiring circuitry”, nor does it define how this circuitry is different from the previously recited “stimulation processing circuitry”. Therefore, it is unclear what the Applicant intended to refer to when reciting “arousal state acquiring circuitry”. For examination purposes, any device or circuitry that analyzes biological information is being interpreted as “arousal state acquiring circuitry”.
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 1-7 and 10-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract ideas of mental processes without significantly more.
Step 1:
Claims 1-7 recite a system and therefore is a product.
Claims 10-11 recite a device and therefore a product.
Claims 12-14 recite a method and therefore a process.
Therefore, the claims fall within the statutory categories.
Step 2A, Prong 1:
Claims 1 and 10-12 recite the following limitations:
“stimulation processing circuitry configured to determine, based on the biological information, one or more types of stimuli…” (Claim 1)
“processing circuitry configured to…analyze the biological information” (Claims 10 and 11)
“analyzing the biological information” (Claim 12)
“determining one or more types of stimuli based on the analyzed biological information” (Claim 12)
The limitations, as drafted, describe a process that, under its broadest reasonable
interpretation, include performance of the limitations in the mind. The above limitations in claims 1 and 10-11 disclose that “processing circuitry” is analyzing biological information, and then determining one or more types of stimuli based on the analyzed biological information. Therefore, “processing circuitry” performing the analyzing and determining steps is nothing more than a generic computer function of processing data. The above limitations in claim 12 disclose “analyzing biological information” and “determining one or more types of stimuli”. Nothing in the claims precludes the steps from practically being performed in the human mind or being considered as methods of organizing human activity. MPEP 2106.04(a)(2)(II) states that the sub-grouping "managing personal behavior or relationships or interactions between people" include social activities, teaching, and following rules or instructions and MPEP 2106.04(a)(2)(III) states that the courts consider a mental process (thinking) that "can be
performed in the human mind, or by a human using a pen and paper" to be an abstract
idea. For example, aside from the recitations of “the processing circuitry” language, the claim encompasses analyzing biological information (mental process) to determine one or more types of stimuli (organizing human activity).
Step 2A, Prong 2:
The claims 1-7 and 10-11 recite “stimulation processing circuitry” and “processing circuitry” to perform the abstract steps. These components read on a computer implemented system and device and are recited at a high level of generality, i.e., as a generic processor, performing a generic computer function of processing data. This generic processor limitation is no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional limitation does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
Claims 12-14 do not recite any additional elements, either alone or in combination, that amount to significantly more than the abstract idea.
Step 2B:
As discussed with respect to Step 2A, Prong 2, the additional elements in the claim amount to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in Step 2B, i.e., mere instructions to apply an exception on a generic computer cannot integrate a judicial exception into a practical application at Step 2A, or provide an inventive concept at Step 2B.
Under 2019 PEG, a conclusion that an additional element is insignificant extra-
solution activity in Step 2A should be re-evaluated in Step 2B to determine if it is more
than what is well-understood, routine, conventional activity in the field. The
specification in ¶[0074] does not provide any indication that the processing circuitry is anything other than a generic, off-the-shelf computer component. Court
decisions cited in MPEP 2106.05(d)(II) indicate that computer‐implemented processes
not to be significantly more than an abstract idea (and thus ineligible) where the claim, as
a whole, amounts to nothing more than generic computer functions merely used to
implement an abstract idea, such as an idea that could be done by a human analog (i.e.,
by hand or by merely thinking). Accordingly, a conclusion that the generic computer
functions merely being used to implement an abstract idea is well-understood, routine, conventional activity is supported under Berkheimer Option 2.
Dependent claims 2-7 and 13-14 further limit the abstract idea already indicated in independent claims 1 and 12, and they are ineligible for the same reasons provided for claims 1 and 12 above.
For these reasons, there is no inventive concept in the claims and thus they are ineligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5 and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lai et al. (U.S. PGPub No. 2015/0092972).
Regarding claim 1, Lai teaches an arousal state control (Paragraph 0118, lines 1-6, Paragraph 0124, lines 10-11 and 15-25, and Paragraph 0126, lines 10-18) system (Fig. 1, Paragraph 0048, lines 1-2, 100), comprising: a sensor (Fig. 18, Paragraph 0078, line 5, 1803) to acquire biological information (Paragraph 0079, lines 1-18) of a user (Paragraph 0079, line 3, “wearer”); stimulation processing circuitry (Fig. 18, Paragraph 0078, lines 1-2, 451) configured to determine, based on the biological information (Paragraph 0124, lines 1-7 and Paragraph 0126, lines 1-2), one or more types of stimuli (Paragraph 0124, lines 7-9 and Paragraph 0126, lines 1-4) to control a state of arousal of the user (Paragraph 0124, lines 10-11 and 15-25 and Paragraph 0126, lines 10-13); and a stimulator (Fig. 18, Paragraph 0124, line 7, 1807) to apply the one or more types of stimuli determined by the stimulation processing circuitry to the user (Paragraph 0124, lines 7-15 and Paragraph 0126, lines 2-10).
Regarding claim 2, Lai teaches the arousal state control (Paragraph 0118, lines 1-6, Paragraph 0124, lines 10-11 and 15-25, and Paragraph 0126, lines 10-18) system (Fig. 1, Paragraph 0048, lines 1-2, 100) according to claim 1, wherein the stimulation processing circuitry (Fig. 18, Paragraph 0078, lines 1-2, 451) includes arousal state acquiring circuitry (Fig. 18, Paragraph 0124, line 7, 1807) configured to analyze the biological information to acquire the state of arousal of the user (Paragraph 0103, lines 1-7), and wherein the stimulation processing circuitry is configured to: select a stimulus that increases the state of arousal of the user in a case where the state of arousal of the user is lower than a target state of arousal (Paragraph 0124, lines 15-19); and select a stimulus that decreases the state of arousal of the user in a case where the state of arousal of the user is higher than the target state of arousal (Paragraph 0124, lines 15-19).
Regarding claim 3, Lai teaches the arousal state control (Paragraph 0118, lines 1-6, Paragraph 0124, lines 10-11 and 15-25, and Paragraph 0126, lines 10-18) system (Fig. 1, Paragraph 0048, lines 1-2, 100) according to claim 1, wherein the stimulation processing circuitry (Fig. 18, Paragraph 0078, lines 1-2, 451) is configured to determine, based on the biological information (Paragraph 0124, lines 1-7 and Paragraph 0126, lines 1-2), a first stimulus that increases the state of arousal of the user (Paragraph 0124, lines 15-19) and a second stimulus that decreases the state of arousal of the user (Paragraph 0124, lines 15-19), and wherein the stimulator (Fig. 18, Paragraph 0124, line 7, 1807) is to simultaneously or alternately apply the first stimulus and the second stimulus (Paragraph 0121, lines 1-23), as the one or more types of stimuli (Paragraph 0124, lines 7-9 and Paragraph 0126, lines 1-4).
Regarding claim 4, Lai teaches the arousal state control (Paragraph 0118, lines 1-6, Paragraph 0124, lines 10-11 and 15-25, and Paragraph 0126, lines 10-18) system (Fig. 1, Paragraph 0048, lines 1-2, 100) according to claim 1, wherein the stimulation processing circuitry (Fig. 18, Paragraph 0078, lines 1-2, 451) is configured to acquire a setting of a target state of arousal (Paragraph 0124, lines 15-19 and Paragraph 0126, lines 16-22) according to (Paragraph 0104, lines 4-5 and Paragraph 0126, lines 10-13) a work type of the user (Paragraph 0104, lines 6-10 and Paragraph 0125, lines 6-10); and determine the one or more types of stimuli based on a change in the biological information with respect to the setting of the target state of arousal (Paragraph 0126, lines 1-4).
Regarding claim 5, Lai teaches the arousal state control (Paragraph 0118, lines 1-6, Paragraph 0124, lines 10-11 and 15-25, and Paragraph 0126, lines 10-18) system (Fig. 1, Paragraph 0048, lines 1-2, 100) according to claim 1, wherein the stimulation processing circuitry (Fig. 18, Paragraph 0078, lines 1-2, 451) is configured to: acquire a setting of a target state of arousal (Paragraph 0124, lines 15-19 and Paragraph 0126, lines 16-22) according to (Paragraph 0104, lines 4-5 and Paragraph 0126, lines 10-13) a work type of the user (Paragraph 0104, lines 6-10 and Paragraph 0125, lines 6-10); and correct at least one of a stimulus type (Paragraph 0126, lines 1-10), a duration of stimulation (Paragraph 0126, lines 23-26), and a stimulus strength, of at least one of the one or more types of stimuli (Paragraph 0124, lines 7-9 and Paragraph 0126, lines 1-4) based on a change in the biological information with respect to the setting of the target state of arousal (Paragraph 0126, lines 1-4).
Regarding claim 12, Lai teaches an arousal state control (Paragraph 0118, lines 1-6, Paragraph 0124, lines 10-11 and 15-25, and Paragraph 0126, lines 10-18) method (Paragraph 0087, lines 9-10), comprising: acquiring biological information (Paragraph 0079, lines 1-18) of a user (Paragraph 0079, line 3, “wearer”); analyzing the biological information (Paragraph 0103, lines 1-4); determining, one or more types of stimuli (Paragraph 0124, lines 7-9 and Paragraph 0126, lines 1-4) based on the analyzed biological information (Paragraph 0124, lines 1-7 and Paragraph 0126, lines 1-2), to control a state of arousal of the user (Paragraph 0124, lines 10-11 and 15-25 and Paragraph 0126, lines 10-13); and applying the determined one or more types of stimuli to the user (Paragraph 0124, lines 7-15 and Paragraph 0126, lines 2-10).
Regarding claim 13, Lai teaches the arousal state control (Paragraph 0118, lines 1-6, Paragraph 0124, lines 10-11 and 15-25, and Paragraph 0126, lines 10-18) method (Paragraph 0087, lines 9-10) according to claim 12, wherein the analyzing includes analyzing the biological information to acquire the state of arousal of the user (Paragraph 0103, lines 1-7), and wherein the determining includes: selecting a stimulus that increases the state of arousal in a case where the state of arousal is lower than a target state of arousal (Paragraph 0124, lines 15-19); and selecting a stimulus that decreases the state of arousal in a case where the state of arousal is higher than the target state of arousal (Paragraph 0124, lines 15-19).
Regarding claim 14, Lai teaches the arousal state control (Paragraph 0118, lines 1-6, Paragraph 0124, lines 10-11 and 15-25, and Paragraph 0126, lines 10-18) method (Paragraph 0087, lines 9-10) according to claim 12, wherein the applying includes simultaneously or alternately applying (Paragraph 0121, lines 1-23), to the user with a stimulator (Fig. 18, Paragraph 0124, line 7, 1807), a first stimulus that increases the state of arousal of the user (Paragraph 0124, lines 15-19) and a second stimulus that decreases the state of arousal of the user (Paragraph 0124, lines 15-19), as the determined one or more types of stimuli (Paragraph 0124, lines 7-9 and Paragraph 0126, lines 1-4).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 6-11 are rejected under 35 U.S.C. 103 as being unpatentable over Lai et al. (U.S. PGPub No. 2015/0092972).
Regarding claim 6, Lai teaches the arousal state control (Paragraph 0118, lines 1-
6, Paragraph 0124, lines 10-11 and 15-25, and Paragraph 0126, lines 10-18) system (Fig. 1, Paragraph 0048, lines 1-2, 100) according to claim 1, wherein the stimulation processing circuitry (Fig. 18, Paragraph 0078, lines 1-2, 451) is configured to determine two or more types of electrical stimuli (Paragraph 0127, lines 5-7) based on the biological information (Paragraph 0124, lines 1-7 and Paragraph 0126, lines 1-2), and wherein the stimulator (Fig. 18, Paragraph 0124, line 7, 1807) is to simultaneously or alternately apply the two or more types of electrical stimuli (Paragraph 0121, lines 1-23), as the one or more types of stimuli (Paragraph 0124, lines 7-9 and Paragraph 0126, lines 1-4).
The present embodiment of Lai does not teach that the two or more types of stimuli can be thermal stimuli. However, in one embodiment, Lai teaches that the system (Fig. 19, Paragraph 0142, lines 1-2, 100) can include one or more temperature modifying inserts (Fig. 19, Paragraph 0142, lines 3-4, 1905) that provide thermal stimulation (Paragraph 0142, lines 6-8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the embodiment disclosed in Figure 18 of Lai to incorporate the embodiment disclosed in Figure 19 of Lai to include that the two or more types of stimuli can be thermal stimuli. Doing so would allow the user to increase, decrease, and/or regulate the temperature of at least a portion of their head (Paragraph 0144, lines 14-17), as recognized by Lai.
Regarding claim 7, Lai teaches the arousal state control (Paragraph 0118, lines 1-
6, Paragraph 0124, lines 10-11 and 15-25, and Paragraph 0126, lines 10-18) system (Fig. 1, Paragraph 0048, lines 1-2, 100) according to claim 1, wherein the stimulator (Fig. 18, Paragraph 0124, line 7, 1807) is configured to apply the one or more types of stimuli (Paragraph 0124, lines 7-15 and Paragraph 0126, lines 2-10).
The present embodiment does not teach that the stimulator is configured to apply the one or more types of stimuli to a neck of the user. However, in one embodiment, Lai teaches that the system (Fig. 17, Paragraph 0140, lines 2-5, “band”) includes the stimulator (Fig. 17, Paragraph 0140, lines 1-2, 1807), wherein the stimulator is configured to apply one or more types of stimuli (Paragraph 0141, lines 1-4) to the neck of the user (Fig. 17, Paragraph 0140, line 17).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the embodiment in Figure 18 of Lai to incorporate the embodiment in Figure 17 of Lai to include that the stimulator is configured to apply the one or more types of stimuli to a neck of the user. Doing so would allow therapeutic programs to be applied to the neck in order to provide specific effects for a user (Paragraph 0141, lines 8-10), as recognized by Lai.
Regarding claim 8, Lai teaches a wearable device (Fig. 1-4, Paragraph 0048, lines
1-2, 100) comprising: a body (Fig. 4, Paragraph 0049, lines 2-3, 401); a first stimulator (See Annotated Fig. 4 Below, Paragraph 0051, lines 5-6, 453) at a first portion of the body (See Annotated Fig. 4 Below); and a second stimulator (See Annotated Fig. 4 Below, Paragraph 0051, lines 5-6, 453) at a second portion of the body (See Annotated Fig. 4 Below).
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Annotated Fig. 4 (Lai)
The present embodiment of Lai does not teach applying a first stimulus and a second stimulus, wherein the second stimulus is different from the first stimulus. The present embodiment also does not teach that one or both of the first stimulator and the second stimulator are being driven based on biological information of a user wearing the body.
However, in one embodiment, Lai teaches an audio delivery device that comprises a sensor (Fig. 18, Paragraph 0078, line 5, 1803) configured to acquire biological information (Paragraph 0079, lines 1-18) and a stimulator (Fig. 18, Paragraph 0124, line 7, 1807). Lai teaches that the stimulator can apply a first stimulus (Paragraph 0118, lines 4-6) and a second stimulus (Paragraph 0118, lines 4-6), wherein the second stimulus is different from the first stimulus (Paragraph 0126, lines 1-4). Lai also teaches that the stimulator is driven based on biological information of the user wearing the device (Paragraph 0124, lines 7-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the embodiment in Figure 4 of Lai to incorporate the embodiment in Figure 18 of Lai to include applying a first stimulus and a second stimulus, wherein the second stimulus is different from the first stimulus, and to include that one or both of the first stimulator and the second stimulator are being driven based on biological information of a user wearing the body. Doing so would ensure that the stimulus can be changed (Paragraph 0126, lines 1-4) and that one or both of the first stimulator and the second stimulators can be driven to achieve desired therapeutic effects (Paragraph 0121, lines 20-23), as recognized by Lai.
Regarding claim 9, Lai teaches the wearable device (Fig. 1-4, Paragraph 0048,
lines 1-2, 100) according to claim 8. The present embodiment of Lai does not teach that the wearable device further comprises: a sensor to acquire the biological information; and communication circuitry configured to: transmit the biological information to an information processing device; and receive, from the information processing device, a control signal that drives one or both of the first stimulator and the second stimulator.
However, in one embodiment, Lai teaches an audio delivery device that comprises a sensor (Fig. 18, Paragraph 0078, line 5, 1803) configured to acquire biological information (Paragraph 0079, lines 1-18); and communication circuitry (Paragraph 0084, lines 12-13) configured to: transmit the biological information (Paragraph 0135, lines 1-6) to an information processing device (Paragraph 0084, lines 13-14); and receive, from the information processing device, a control signal that drives one or both of the first stimulator and the second stimulator (Paragraph 0121, lines 10-14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the embodiment in Figure 4 of Lai to incorporate the embodiment in Figure 18 of Lai to specify that the wearable device further comprises: a sensor to acquire the biological information; and communication circuitry configured to: transmit the biological information to an information processing device; and receive, from the information processing device, a control signal that drives one or both of the first stimulator and the second stimulator. Doing so would ensure that a user can control the stimulation output to drive one or both of the first stimulator and the second stimulator to achieve desired therapeutic effects (Paragraph 0121, lines 20-23), as recognized by Lai.
Regarding claim 10, Lai teaches the wearable device (Fig. 1-4, Paragraph 0048,
lines 1-2, 100) according to claim 8, which further comprises processing circuitry (Fig. 4, Paragraph 0051, line 5, 451). The present embodiment of Lai does not teach that the processing circuitry is configured to: acquire the biological information from a sensor and analyze the biological information; and drive one or both of the first stimulator and the second stimulator based on a result of analysis of the biological information.
However, in one embodiment, Lai teaches an audio delivery device that comprises a sensor (Fig. 18, Paragraph 0078, line 5, 1803) that is configured to acquire biological information (Paragraph 0079, lines 1-18). Lai also teaches that the device comprises processing circuitry (Fig. 18, Paragraph 0078, lines 1-2, 451) that is configured to: acquire the biological information from the sensor and analyze the biological information (Paragraph 0078, lines 1-8); and drive the stimulator (Fig. 18, Paragraph 0124, line 7, 1807) based on a result of analysis of the biological information (Paragraph 0124, lines 7-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the embodiment in Figure 4 of Lai to incorporate the embodiment in Figure 18 of Lai to include that the processing circuitry is configured to: acquire the biological information from a sensor and analyze the biological information; and drive one or both of the first stimulator and the second stimulator based on a result of analysis of the biological information. Doing so would ensure that stimulation can be provided in order to provide a desired arousal state (Paragraph 0124, lines 11-25), as recognized by Lai.
Regarding claim 11, Lai teaches the wearable device (Fig. 1-4, Paragraph 0048,
lines 1-2, 100) according to claim 8, which further comprises processing circuitry (Fig. 4, Paragraph 0051, line 5, 451). The present embodiment of Lai does not teach that the wearable device further comprises: processing circuitry configured to analyze the biological information; and a biological sensor communicably connected to the processing circuitry, wherein the processing circuitry is configured to: analyze the biological information based on an output of the biological sensor; and drive one or both of the first stimulator and the second stimulator based on a result of analysis of the biological information.
However, in one embodiment, Lai teaches an audio delivery device that comprises a biological sensor (Fig. 18, Paragraph 0078, line 5, 1803) that is configured to acquire biological information (Paragraph 0079, lines 1-18). Lai also teaches that the device comprises processing circuitry (Fig. 18, Paragraph 0078, lines 1-2, 451) that is communicably connected to the biological sensor (Paragraph 0078, lines 1-5). Lai teaches that the processing circuitry is configured to analyze the biological information based on an output of the biological sensor (Paragraph 0078, lines 1-8). Furthermore, Lai teaches that the processing circuitry is configured to drive the stimulator (Fig. 18, Paragraph 0124, line 7, 1807) based on a result of analysis of the biological information (Paragraph 0124, lines 7-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the embodiment in Figure 4 of Lai to incorporate the embodiment in Figure 18 of Lai to specify that the wearable device further comprises: processing circuitry configured to analyze the biological information; and a biological sensor communicably connected to the processing circuitry, wherein the processing circuitry is configured to: analyze the biological information based on an output of the biological sensor; and drive one or both of the first stimulator and the second stimulator based on a result of analysis of the biological information. Doing so would ensure that stimulation can be provided in order to provide a desired arousal state (Paragraph 0124, lines 11-25), as recognized by Lai.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Honeycutt et al. (U.S. PGPub No. 2020/0338348) teaches an energy therapy system that uses biofeedback sensor input to monitor a user’s health status (Abstract) and impacts physiological or mental arousal (Paragraph 0024).
Pradeep (U.S. PGPub No. 2019/0076046) teaches systems, methods, and devices for closed loop control associated with brain activity of a user that uses biological measurements to determine at least one brain state of a user (Abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Heidi Hilsmier whose telephone number is (571)272-2984. The examiner can normally be reached Monday - Fridays from 7:30 AM - 3:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niketa Patel can be reached at 571-272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/H.A.H./Patent Examiner , Art Unit 3796
/NIKETA PATEL/Supervisory Patent Examiner, Art Unit 3792
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