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 § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 10-13 & 19 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Penumbra Inc. (U.S. Publication Number 2024/0032833).
Referring to claim 1, Penumbra Inc. discloses comprising: a computerized device having a display screen, a video camera focused to a region in front of the display screen, a microphone, and a speaker (paragraph 0067 & Fig 16); an Internet-connected server having a processor coupled to a data repository storing data and executable code (paragraph 0064, Fig. 15B and Figs. 21-24); and a virtual assistant (VA) generated by the processor (paragraph 0111); wherein the virtual assistant questions a subject in front of the computerized device, verbal responses are transmitted as an audio stream to the processor, a video stream of the subject's face is captured by the video camera and transmitted to the processor, and the processor, executing coded instructions from the data repository, analyzes the audio stream and the video stream and results of the analysis are used to create an index value indicating a mental and emotional state of the subject (paragraph 0068, Fig. 16 & Figs. 12-14).
Referring to claim 2, Penumbra Inc. discloses wherein the virtual assistant is an avatar displayed to the subject in the display screen (paragraph 0109).
Referring to claim 3, Penumbra Inc. discloses wherein subjects are registered to the system, each having a username and a password for logging in to the system, and a personal profile in the data repository storing at least chronological values of the index for the subject (paragraph 0042, 0039, Figs. 19 & 20).
Referring to claim 10, Penumbra Inc. discloses further comprising an ability to make real-time recommendations to the subjects based on their current index, and past information about the subjects (paragraph 0047).
Referring to claim 11, Penumbra Inc. discloses comprising: generating, by a processor of an Internet-connected server coupled to a data repository storing data and executable code, a virtual assistant (VA) configured to communicate audibly
through a speaker of a computerized device having a display screen and a video camera focused to a region in front of the display screen (paragraph 0111); conducting an interview by the VA with a subject in front of the computerized device (paragraph 0067 & Fig. 16); transmitting verbal responses of the subject captured by the microphone in the interview as an audio stream to the processor; transmitting a video stream of at least the subject's face captured by the video camera to the processor (paragraph 0068 & 0074 & Fig. 16); analyzing the audio stream and the video stream for characteristics indicative of mental and emotional state of the subject (Figs. 12-14); and determining and storing an index value indicating a mental and emotional state of the subject from results of the analysis (paragraph 0057 & Fig. 12).
Referring to claim 12, Penumbra Inc. discloses wherein the VA is an avatar displayed on the display screen of the computerized device (paragraph 0109).
Referring to claim 13, Penumbra Inc. discloses further comprising registering subjects to the system, each having a username and a password for logging in to the system, and storing a personal profile in the data repository of at least chronological values of the index for the subject (paragraph 0042, 0118, 0039, 0072).
Referring to claim 19, Penumbra Inc. discloses comprising determining and recording trends in values of the index for individual subjects (Figs. 19 & 20 & paragraph 0084).
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.
Claim(s) 6, 7, 16 & 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penumbra Inc.
Referring to claims 6 & 16, Penumbra Inc. discloses the system of claim 1. Penumbra Inc. does not disclose wherein the audio stream is analyzed by the processor, executing
algorithms from the data repository, noting at least tone, pitch, rhythmic patterns, prosodic feature variability and speech modulation, and results are compared to stored standards, determining alteration of index values. However, Penumbra Inc. teaches wherein the audio is analyzed by the processor, executing algorithms from the data repository, noting at least tone, pitch, and results are compared to stored standards, determining alteration of index values (Para 0068, The biometric sensors may measure and record a variety of biometric data including heart rate, respiration, temperature, perspiration, voice/speech (e.g., tone, intensity, pitch, etc.), eye movements, facial movements, mouth and jaw movements, hand and feet movements, neural and brain activities, etc., throughout the VR therapy session). Furthermore, defining specific parameters would involve routine skill in the art it would have been obvious to one of ordinary skill in the art before the priority date to modify Penumbra Inc. with the biometric features for the purpose of providing assessment tools such as assessment prompts, to solicit feedback from patients at regular intervals, track patient progress wherein patient feedback is related to conditions such as anxiety, depression, and/or pain (Penumbra Inc., abstract).
Regarding Claims 7 and 17, Penumbra Inc. discloses the system of claim 1 and method of claim 11. Penumbra Inc. fails to explicitly disclose wherein the video stream is analyzed by the processor, executing algorithms from the data repository, noting features indicative of mental or emotional state, comprising at least blinking, rapid eye movement, direction of gaze, smiles, and frowns, and results are compared to
stored standards, determining alteration of index values. However, Penumbra Inc. teaches wherein the video stream is analyzed by the processor, executing
algorithms from the data repository, noting features indicative of mental or emotional state, comprising at least eye movement, facial movements and results are compared to stored standards, determining alteration of index values (Para 0068, The biometric sensors may measure and record a variety of biometric data including heart rate, respiration, temperature, perspiration, voice/speech (e.g., tone, intensity, pitch, etc.),
cyc movements, facial movements, mouth and jaw movements, hand and feet movements, neural and brain activities, etc., throughout the VR therapy session).
Furthermore, defining specific parameters would involve routine skill in the art. It would have been obvious to one of ordinary skill in the art before the priority date to modify Penumbra Inc. with the biometric features for the purpose of providing assessment tools such as assessment prompts, to solicit feedback from patients at regular intervals, track patient progress wherein patient feedback is related to conditions such as anxiety, depression, and/or pain (Penumbra Inc., abstract).
Claim(s) 4, 5, 8, 14, 15 & 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penumbra Inc. in view of US 2019/0087781 to Pearson Education Inc..
Regarding Claims 4 and 5, Penumbra Inc. discloses the system of claim 3. Penumbra Inc. fails to explicitly disclose further comprising groups of subjects associated with organizations and enterprises with personal profiles stored associated with identity of the organizations and enterprises and wherein the system schedules and conducts interviews in series for individual subjects and records results in the subject's personal profiles. Pearson Education Inc. is in the field of employee databases (abstract) and teaches groups of subjects associated with organizations and enterprises with personal profiles stored associated with identity of the organizations and enterprises (Para 0216, a badge storage/management network 3200 and/or badge platform server 3210 may be configured to provide features, functionality, and user interface views specific to recruiters. Recruiters may receive authorization to access badge earner portfolios and job listing data from the badge platform server 3210, and may use the data to perform candidate searches based on job listings, job searches based on candidate profiles, and other related recruiter tasks. In some cases, individual recruiter users may first receive authorization to access the badge data store, job listing database, etc., from individual badge earners, employers on behalf of their companies or employees, educational institutions, badge owners or issuers, etc. Various recruiter features may be supported by the badge platform server 3210 to allow a recruiter to input job listing data and find candidates based on the listings, or to scarch on bchalf of a candidate and look for suitable job for the candidate) and wherein the system schedules and conducts interviews in series for individual subjects and records results in the subject's personal profiles (Para 0156, The user's evidence data may verify to the employer or potential
employer that the user actually completed the badge requirements, and also may allow the employer or potential employer to observe the user's behaviors, responses, reactions first-hand, thus allowing them to evaluate the uscr's reaction time, efficiency, mental state, decision-making, etc., and other difficult to quantify characteristics. In still other examples, the user may authorize a badge issuer or badge owner to view the user's evidence files related to the badges issued and owned by those entities. Finally, users may make some or all of their evidence data publicly available (e.g., on a file-by-file basis) and/or may actively post their evidence data as a multimedia file or data records within a digital credential profile page of the user that is maintained and published by the platform server 1510). It would have been obvious to one of ordinary skill in the art before the priority date to modify Penumbra Inc. with the profile features of Pearson Education Inc. for the purpose of evaluating a person's behavior and characteristics over time based on their organization requirements (Pearson Education Inc., para 0203).
Regarding Claims 8 and 18, Penumbra Inc. discloses the system of claim 1 and method of claim 11. Penumbra Inc. fails to explicitly disclose wherein values of the index are made available to the subject and to authorized mental health professionals with permission of the subject. Pearson Education Inc. teaches wherein values of the index are made available to the subject and to authorized professionals with permission of the subject (Para 0173, Referring now to FIG. 22, another flow diagram is shown illustrating an example process by which a badge platform server 2010 may receive and serve requests for personality-badge data for specified users. For instance, in step 2201, the platform server 2010 may receive a request for some or all of the user's badge portfolio, or specifically for the user's personality badges. In step 2202, the platform server 2010 may perform authorization/authentication techniques on the request to determine whether the requestor is authorized to access the user's personality-based badges. In some embodiments, authorization to retrieve/view the user's personality badges may
require explicit authorization from the user himself or herself, in order to prevent any unwanted parties from accessing the user's confidential personality data. Thus, step 2202 may include verifying the requestor's identity or role and comparing to an access control list or other permissions data associated with the user's personality badges).
Furthermore, defining a specific professional for sharing information would involve routine skill in the art. It would have been obvious to one of ordinary skill in the art before the priority date to modify Penumbra Inc. with the index features of Pearson Education Inc. for the purpose of monitoring access to a user's personal information.
Regarding Claims 14 and 15, Penumbra Inc. discloses the method of claim 11 and 13. Penumbra Inc. fails to explicitly disclose further comprising associating groups of subjects with individual organizations and enterprises and storing personal profiles of subjects associated with identity of the organizations and enterprises and wherein the system schedules and conducts interviews in series for individual subjects and
records results in subject's personal profiles. Pearson Education Inc. teaches associating groups of subjects with individual organizations and enterprises
and storing personal profiles of subjects associated with identity of the organizations and enterprises (Para 0216, a badge storage/management network 3200 and/or badge platform server 3210 may be configured to provide features, functionality, and user interface views specific to recruiters. Recruiters may receive authorization to access badge earner portfolios and job listing data from the badge platform server 3210,
and may use the data to perform candidate searches based on job listings, job searches based on candidate profiles, and other related recruiter tasks. In some cases, individual recruiter users may first receive authorization to access the badge data store, job listing database, etc., from individual badge earners, employers on behalf of their companies or employees, educational institutions, badge owners or issuers, etc. Various recruiter features may be supported by the badge platform server 3210 to allow a recruiter
to input job listing data and find candidates based on the listings, or to search on behalf of a candidate and look for suitable job for the candidate) and wherein the system schedules and conducts interviews in series for individual subjects and records results in subject's personal profiles (Para 0156, The user's evidence data may verify to the employer or potential employer that the user actually completed the badge requirements, and also may allow the employer or potential employer to observe the user's behaviors, responses, reactions first-hand, thus allowing them to evaluate the user's reaction time, efficiency, mental state, decision-making, etc., and other difficult to quantify characteristics. In still other examples, the user may authorize a badge issuer or badge owner to view the user's evidence files related to the badges issued
and owned by those entities. Finally, users may make some or all of their evidence data publicly available (e.g., on a file-by-file basis) and/or may actively post their evidence data as a multimedia file or data records within a digital credential profile page of the user that is maintained and published by the platform server 1510). It would have been obvious to one of ordinary skill in the art before the priority date to modify Penumbra
Inc. with the profile features of Pearson Education Inc. for the purpose of evaluating a person's behavior and characteristics over time based on their organization requirements (Pearson Education Inc., para 0203).
Claim(s) 9 & 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penumbra Inc. in view of US 2019/0052724 to Dancel.
Regarding Claims 9 and 20, Penumbra Inc. discloses the system of claim 1 and the method of claim 11. Penumbra Inc. fails to explicitly disclose further comprising alerts transmitted to subjects and or to mental health professionals based on variations in value of the index for a subject. Dancel is in the field of mental health monitoring (abstract) and teaches alerts transmitted to subjects and or to mental health professionals based on variations in value of the index for a subject (Para 0171, If the
totalRelationshipScore for a given user falls below the user's maxRelationshipScore by a predetermined amount (this predetermined value will be referred to as WARNG for this example and may be either a points amount or a percentage), and the depression detection system has already been enabled, then the depression detection system may enable an alert to the end user to spend more time, interact, and/or engage with their stronger ties; Para 0172, In addition to communicating an alert message, the depression detection system can check and/or monitor the end user's average tick values for a period of time prior to and/or after the decline. That period of time may for example bc 2 weeks or any other period deemed appropriate. If during the given time period before and/or after the decline in total relationship score, the average tick value is less than a predetermined value, for example 5, the depression detection system may
notify the designated partner and alert them to check up on the end user). It would have been obvious to one of ordinary skill in the art before the priority date to modify Penumbra Inc. with the mental health features of Dancel for the purpose of monitoring a user's mental well-being and promoting ways to make sure a user's mental well-being is meeting a threshold (Dancel, abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KESHA FRISBY whose telephone number is (571)272-8774. The examiner can normally be reached Monday-Friday 730AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai can be reached at 571-272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KESHA FRISBY/Primary Examiner, Art Unit 3715
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