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
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)(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) 1,2,6 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by GUPTA et al (US 2024/0264670).
Regarding claim 1, GUPTA discloses a brain computer interface (BCI) configured to translate event related potentials (ERP) in electroencephalograph (EEG) wave forms into commands executable by an assistance device(s) or system(s) (abstract; paragraph 9-13) comprising a user interface coupled to an electroencephalograph (EEG) decoder that is configured to receive and analyze EPR in EEG wave forms and producing a command signal (paragraph 22-28, 58, 122).
Regarding claim 2, see the rejections of the parent claim concerning the subject matter this claim is dependent upon. GUPTA further discloses wherein the EPR is a visually evoked ERP in combination with a cognitive ERP (Figure 1A-1C; paragraph 55-57, 61, 68).
Regarding claim 6, see the rejections of the parent claim concerning the subject matter this claim is dependent upon. GUPTA further discloses a mobility system (abstract) comprising: a brain computer interface (BCI) configured to receive electroencephalograph (EEG) waveforms, analyze event related potentials (ERP) EEG wave forms in a plurality of predetermined frequency ranges or band types forming a signal (paragraph 11-13), and generate a command based on the signal generated by ERP analysis (paragraph 22-28, 58, 122); one or more environmental sensors configured to receive active and passive information regarding an environment (paragraph 22-28, 58, 122); a mobility platform configured to receive input from the brain computer interface and the one or more environmental sensors to regulate the function of the mobility platform 1 (paragraph 22-28, 58, 122).
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over GUPTA et al (US 2024/0264670) in view of PORIKLI et al (US 2008/0063285).
Regarding claim 3, see the rejections of the parent claim concerning the subject matter this claim is dependent upon. GUPTA further discloses wherein the ERP comprises a steady state visually evoked potential (SSVEP) using classifiers (paragraph 8, 11-13, 59-60, 73). However, GUPTA does not expressly disclose Riemannian manifold classifiers. In a similar field of endeavor, PORIKLI discloses Riemannian manifold classifiers (paragraph 24-27). Therefore, it would have been obvious to a person of ordinary skill in the art to modify GUPTA to include the teachings of PORIKLI, since PORIKLI states that such a modification would allow defining various notions such as the length of curves, angles, areas or volumes, curvature, gradients of functions and divergence of vector fields. Furthermore, as both inventions are analogous, such a modification would provide additional classification means based on those disclosed by PORIKLI.
Claim(s) 4,5 is/are rejected under 35 U.S.C. 103 as being unpatentable over GUPTA et al (US 2024/0264670) in view of PETLEY et al (US 2008/0063285).
Regarding claim 4, GUPTA discloses an electroencephalograph (EEG) decoder comprising (i) an input module coupled to (ii) Fourier transform (FT) module which is operably coupled to (iii) a wave band analysis module that generates a command to be sent to one or more device or system (paragraph 48, 85, 135-138, 147). However, GUPTA does not expressly disclose a fast Fourier transform. In a similar field of endeavor, PETLEY discloses an input module coupled to (ii) a fast Fourier transform (FFT) module which is operably coupled to (iii) a wave band analysis module (paragraph 70). Therefore, it would have been obvious to a person of ordinary skill in the art to modify GUPTA to include the teachings of PETLEY, since the use of fast Fourier transforms is well known and conventional in the art and would allow calculations based on known algorithms. Furthermore, as both inventions are analogous, such a modification would provide additional calculation methods based on those disclosed by PETLEY.
Regarding claim 5, see the rejections of the parent claim concerning the subject matter this claim is dependent upon. GUPTA further discloses wherein the wave band analysis uses signal classification system to generate commands that are sent to one or more devices or systems (paragraph 8, 11-13, 59-60). However, GUPTA does not expressly disclose Riemannian geometry based signal classification. In a similar field of endeavor, PETLEY discloses Riemannian geometry based signal classification (paragraph 34). Therefore, it would have been obvious to a person of ordinary skill in the art to modify GUPTA to include the teachings of PETLEY, since such a modification would allow defining various notions such as the length of curves, angles, areas or volumes, curvature, gradients of functions and divergence of vector fields. Furthermore, as both inventions are analogous, such a modification would provide additional classification means based on those disclosed by PETLEY.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARIEL A BALAOING whose telephone number is (571)272-7317. The examiner can normally be reached 8AM-4AM M-F.
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/ARIEL A BALAOING/ Primary Examiner, Art Unit 2624