DETAILED ACTION
1. This Office Action is responsive to claims filed for App. 19/287,293 on July 30, 2026. Claims 1-20 are pending.
America Invents Act
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on July 31, 2025 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
4. Applicant’s election without traverse of Species 1, Figure 4 and Claims 1-3, 5, 8-10, 12, 15-17 and 21-29 in the reply filed on July 30, 2026 is acknowledged. To Examiner’s best understanding, the claim sheet seemingly ends at Claim 20 and believes 21-29 were elected by mistake. Please verify, thank you.
Claim Rejections - 35 USC § 102
5. 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.
6. Claims 1, 2, 5, 8, 9, 12, 15 and 16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Alcaide et al. ( US 2020/0337653 A1 ).
Alcaide teaches in Claim 1:
A method ( Figure 1, [0038] discloses a Brain Computer Interface system 100 and method of use ) comprising:
forming an association between a controllable real world object and at least one visual stimuli having a characteristic modulation, wherein the controllable real world object includes a stimulus generator ( [0033] discloses the BCI is a hardware and software communications system that can control computers of external devices (examples of a controllable object). Figure 3A, [0068] discloses details on the display 306, part of the BCI, with a UI/UX for user interaction and can be adjusted/controlled. On this UI/UX tags, tag-groups, etc, can be displayed, i.e. associated with the visual stimulus (read as a stimulus generator). To clarify, the display is an example of a real-world physical object on which the tags are displayed on, i.e. directly associated with. Furthermore, the display is located in the real-world as it is a physical object. To clarify, the user’s brain are converted to BCI commands to carry out the user’s intent, [0036], [0048] ) and a light emitting unit for outputting the visual stimulus generated by the stimulus generator ( Figure 2, [0062] discloses a presentation of an input stimulus, such as one or more tags. [0068] discloses the tags can be displayed on an UI/UX on display 306 and this is generated by processor 120 of BCI device 110, [0059] );
receiving neural signals associated with a user captured by a neural signal capture device ( Figure 1, [0038] discloses a neural recording headset 104 for recording one or more control signals of the user’s brain );
determining which of the at least one visual stimuli is an object of focus of the user based on the neural signals, the object of focus being inferred from a presence in the neural signals of a component having a property associated with the characteristic modulation of the visual stimulus ( Figure 2, [0063] discloses that for the plurality of tags, the goal is to determine which of the tags the user wants to select. [0064]+ discloses a signal acquisition and signal analysis to determine this, focusing on spatiotemporal properties of the presented stimulus. Figure 4, [0075], [0065] disclose capturing and classifying the signals using stimulus information (read as characteristic modulation of the visual stimulus) in order to determine the target tag. To clarify, [0004] discloses a the user focuses attention on characters, or content/visual stimulus in general, and the neural response of the brain is monitored to identify the desired symbol, or in this case, tag ); and
transmitting a command to the controllable object determined to be associated with the object of focus to implement an action based on the command. ( Figures 2 and 4, [0067], [0075] disclose the selection of one of the tags in step 259 which can in turn lead to an associated action being performed. [0075] discloses examples of commands/actions such as a selection of a letter, selection of a character, selection of ON functionality associated with a TV system, etc. Please note that a user’s focus can be determined by detection thresholds during analysis of signals indicating the user’s focus or attention on a particular tag, [0064] and this indicates continued attention/repeatedly transmitting )
Alcaide teaches in Claim 2:
The method of claim 1, wherein implementing the action comprises controlling the controllable object to change state from a standby state. ( Respectfully, the display has contents displayed which can be selected/adjusted based on user input and determination of the target tag. This selection/adjustment is a reasonable interpretation of changing state from a standby state, i.e. able to accept input to change the display contents )
Alcaide teaches in Claim 5:
The method of claim 1, further comprising forming a further association between an additional controllable real world object and a visual stimulus having a characteristic modulation different from the characteristic modulation of the at least one visual stimuli, the additional controllable real world object including a respective stimulus generator and a respective light emitting unit for outputting the visual stimulus having the different characteristic modulation. ( Figure 2, [0063] disclose a plurality of tags which can be selected by the user, i.e. additional visual stimuli with different/characteristic modulation, differing among the tags )
Alcaide teaches in Claim 8:
A machine ( Figure 1, [0038] discloses a Brain Computer Interface system 100 and method of use ) comprising:
at least one processor ( Figure 1, [0058] discloses a processor 120 can carry out the functions of building and maintaining the UI/UX which is rendered on display 106 ); and
at least one memory storing instructions that ( Figure 1, [0058] discloses a memory 160 ), when executed by the at least one processor, cause the machine to perform operations comprising:
forming an association between a controllable real world object and at least one visual stimuli having a characteristic modulation, wherein the controllable real world object includes a stimulus generator ( [0033] discloses the BCI is a hardware and software communications system that can control computers of external devices (examples of a controllable object). Figure 3A, [0068] discloses details on the display 306, part of the BCI, with a UI/UX for user interaction and can be adjusted/controlled. On this UI/UX tags, tag-groups, etc, can be displayed, i.e. associated with the visual stimulus (read as a stimulus generator). To clarify, the display is an example of a real-world physical object on which the tags are displayed on, i.e. directly associated with. Furthermore, the display is located in the real-world as it is a physical object. To clarify, the user’s brain are converted to BCI commands to carry out the user’s intent, [0036], [0048] ) and a light emitting unit for outputting the visual stimulus generated by the stimulus generator ( Figure 2, [0062] discloses a presentation of an input stimulus, such as one or more tags. [0068] discloses the tags can be displayed on an UI/UX on display 306 and this is generated by processor 120 of BCI device 110, [0059] );
receiving neural signals associated with a user captured by a neural signal capture device ( Figure 1, [0038] discloses a neural recording headset 104 for recording one or more control signals of the user’s brain );
determining which of the at least one visual stimuli is an object of focus of the user based on the neural signals, the object of focus being inferred from a presence in the neural signals of a component having a property associated with the characteristic modulation of the visual stimulus ( Figure 2, [0063] discloses that for the plurality of tags, the goal is to determine which of the tags the user wants to select. [0064]+ discloses a signal acquisition and signal analysis to determine this, focusing on spatiotemporal properties of the presented stimulus. Figure 4, [0075], [0065] disclose capturing and classifying the signals using stimulus information (read as characteristic modulation of the visual stimulus) in order to determine the target tag. To clarify, [0004] discloses a the user focuses attention on characters, or content/visual stimulus in general, and the neural response of the brain is monitored to identify the desired symbol, or in this case, tag ); and
transmitting a command to the controllable object determined to be associated with the object of focus to implement an action based on the command. ( Figures 2 and 4, [0067], [0075] disclose the selection of one of the tags in step 259 which can in turn lead to an associated action being performed. [0075] discloses examples of commands/actions such as a selection of a letter, selection of a character, selection of ON functionality associated with a TV system, etc. Please note that a user’s focus can be determined by detection thresholds during analysis of signals indicating the user’s focus or attention on a particular tag, [0064] and this indicates continued attention/repeatedly transmitting )
Alcaide teaches in Claim 9:
The machine of claim 8, wherein implementing the action comprises controlling the controllable object to change state from a standby state. ( Respectfully, the display has contents displayed which can be selected/adjusted based on user input and determination of the target tag. This selection/adjustment is a reasonable interpretation of changing state from a standby state, i.e. able to accept input to change the display contents )
Alcaide teaches in Claim 12:
The machine of claim 8, wherein the operations further comprise forming a further association between a second an additional controllable real world object and a visual stimulus having a characteristic modulation different from the characteristic modulation of the at least one visual stimuli, the additional controllable real world object including a respective stimulus generator and a respective light emitting unit for outputting the visual stimulus having the different characteristic modulation. ( Figure 2, [0063] disclose a plurality of tags which can be selected by the user, i.e. additional visual stimuli with different/characteristic modulation, differing among the tags )
Alcaide teaches in Claim 15:
A machine-readable medium including instructions that, when executed by a machine ( Claim 11, Page 16 details a non-transitory processor-readable medium storing code representing instructions to be executed by a processor. Figure 1, [0038] discloses a Brain Computer Interface system 100 which can perform instructions/method ), cause the machine to perform operations comprising:
forming an association between a controllable real world object and at least one visual stimuli having a characteristic modulation, wherein the controllable real world object includes a stimulus generator ( [0033] discloses the BCI is a hardware and software communications system that can control computers of external devices (examples of a controllable object). Figure 3A, [0068] discloses details on the display 306, part of the BCI, with a UI/UX for user interaction and can be adjusted/controlled. On this UI/UX tags, tag-groups, etc, can be displayed, i.e. associated with the visual stimulus (read as a stimulus generator). To clarify, the display is an example of a real-world physical object on which the tags are displayed on, i.e. directly associated with. Furthermore, the display is located in the real-world as it is a physical object. To clarify, the user’s brain are converted to BCI commands to carry out the user’s intent, [0036], [0048] ) and a light emitting unit for outputting the visual stimulus generated by the stimulus generator ( Figure 2, [0062] discloses a presentation of an input stimulus, such as one or more tags. [0068] discloses the tags can be displayed on an UI/UX on display 306 and this is generated by processor 120 of BCI device 110, [0059] );
receiving neural signals associated with a user captured by a neural signal capture device ( Figure 1, [0038] discloses a neural recording headset 104 for recording one or more control signals of the user’s brain );
determining which of the at least one visual stimuli is an object of focus of the user based on the neural signals, the object of focus being inferred from a presence in the neural signals of a component having a property associated with the characteristic modulation of the visual stimulus ( Figure 2, [0063] discloses that for the plurality of tags, the goal is to determine which of the tags the user wants to select. [0064]+ discloses a signal acquisition and signal analysis to determine this, focusing on spatiotemporal properties of the presented stimulus. Figure 4, [0075], [0065] disclose capturing and classifying the signals using stimulus information (read as characteristic modulation of the visual stimulus) in order to determine the target tag. To clarify, [0004] discloses a the user focuses attention on characters, or content/visual stimulus in general, and the neural response of the brain is monitored to identify the desired symbol, or in this case, tag ); and
transmitting a command to the controllable object determined to be associated with the object of focus to implement an action based on the command. ( Figures 2 and 4, [0067], [0075] disclose the selection of one of the tags in step 259 which can in turn lead to an associated action being performed. [0075] discloses examples of commands/actions such as a selection of a letter, selection of a character, selection of ON functionality associated with a TV system, etc. Please note that a user’s focus can be determined by detection thresholds during analysis of signals indicating the user’s focus or attention on a particular tag, [0064] and this indicates continued attention/repeatedly transmitting )
Alcaide teaches in Claim 16:
The machine-readable medium of claim 15, wherein implementing the action comprises controlling the controllable object to change state from a standby state. ( Respectfully, the display has contents displayed which can be selected/adjusted based on user input and determination of the target tag. This selection/adjustment is a reasonable interpretation of changing state from a standby state, i.e. able to accept input to change the display contents )
Claim Rejections - 35 USC § 103
7. 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.
8. 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.
9. Claims 3, 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Alcaide
et al. ( US 2020/0337653 A1 ), as applied to Claims 1, 8 and 15, further in view of Marin et al. ( US 2022/0395174 A1 ).
As per Claim 3:
Alcaide does not explicitly teach “wherein the characteristic modulation is selectively applied to a High Spatial Frequency (HSF) component of the visual stimulus output by the light emitting unit.”
Alcaide teaches in [0038] of examples of neural activity which can include sensory evoked potentials, steady state visual evoked potentials, etc, which can be measured and such approaches are applied to the tags which the user interacts with.
Specifically for high spatial frequency components, this is a well known aspect and in the same field of endeavor, brain computer interfaces, Marin teaches of a device to record physiological signals of a subject using said brain-computer interface, ( Marin, [0030] ). Notably, Marin teaches in [0050], [0057] of providing a user with a hybrid image, which is shown/comprised of Figure 3 (low spatial frequencies), Figure 4 (high spatial frequencies) and Figure 5 (hybrid image). [0057] discloses details of Figure 5, notably the superimposing of the low and high spatial frequencies. Visual stimulus 7 may be displayed on the image display device. Because the high spatial frequencies help to detect blur, Marin teaches in [0087] of optimizing these high spatial frequencies and this includes increasing these frequencies until the individual perceives the high frequency image.
Therefore, it would have been obvious to one of ordinary skill in the art, at the effective filed date of the invention, to implement the low and high spatial frequency aspects, as taught by Marin, with the motivation that it is well known to use such a technique and that it is simple process to yield predictable results. To clarify, Marin teaches to use various types of spatial frequencies with the purpose of activating and measuring different areas of the brain and Alcaide is concerned with measuring brain activity to determine the appropriate tag. Both references teach of various types of evoked potentials and both references teach of modeling to achieve this. Respectfully, one of ordinary skill in the art would realize to be able to use high spatial frequencies and still be able to determine the target tag of Alcaide.
As per Claim 10:
Alcaide does not explicitly teach “wherein the characteristic modulation is selectively applied to a High Spatial Frequency (HSF) component of the visual stimulus output by the light emitting unit.”
Alcaide teaches in [0038] of examples of neural activity which can include sensory evoked potentials, steady state visual evoked potentials, etc, which can be measured and such approaches are applied to the tags which the user interacts with.
Specifically for high spatial frequency components, this is a well known aspect and in the same field of endeavor, brain computer interfaces, Marin teaches of a device to record physiological signals of a subject using said brain-computer interface, ( Marin, [0030] ). Notably, Marin teaches in [0050], [0057] of providing a user with a hybrid image, which is shown/comprised of Figure 3 (low spatial frequencies), Figure 4 (high spatial frequencies) and Figure 5 (hybrid image). [0057] discloses details of Figure 5, notably the superimposing of the low and high spatial frequencies. Visual stimulus 7 may be displayed on the image display device. Because the high spatial frequencies help to detect blur, Marin teaches in [0087] of optimizing these high spatial frequencies and this includes increasing these frequencies until the individual perceives the high frequency image.
Therefore, it would have been obvious to one of ordinary skill in the art, at the effective filed date of the invention, to implement the low and high spatial frequency aspects, as taught by Marin, with the motivation that it is well known to use such a technique and that it is simple process to yield predictable results. To clarify, Marin teaches to use various types of spatial frequencies with the purpose of activating and measuring different areas of the brain and Alcaide is concerned with measuring brain activity to determine the appropriate tag. Both references teach of various types of evoked potentials and both references teach of modeling to achieve this. Respectfully, one of ordinary skill in the art would realize to be able to use high spatial frequencies and still be able to determine the target tag of Alcaide.
As per Claim 17:
Alcaide does not explicitly teach “wherein the characteristic modulation is selectively applied to a High Spatial Frequency (HSF) component the visual stimulus output by the light emitting unit.”
Alcaide teaches in [0038] of examples of neural activity which can include sensory evoked potentials, steady state visual evoked potentials, etc, which can be measured and such approaches are applied to the tags which the user interacts with.
Specifically for high spatial frequency components, this is a well known aspect and in the same field of endeavor, brain computer interfaces, Marin teaches of a device to record physiological signals of a subject using said brain-computer interface, ( Marin, [0030] ). Notably, Marin teaches in [0050], [0057] of providing a user with a hybrid image, which is shown/comprised of Figure 3 (low spatial frequencies), Figure 4 (high spatial frequencies) and Figure 5 (hybrid image). [0057] discloses details of Figure 5, notably the superimposing of the low and high spatial frequencies. Visual stimulus 7 may be displayed on the image display device. Because the high spatial frequencies help to detect blur, Marin teaches in [0087] of optimizing these high spatial frequencies and this includes increasing these frequencies until the individual perceives the high frequency image.
Therefore, it would have been obvious to one of ordinary skill in the art, at the effective filed date of the invention, to implement the low and high spatial frequency aspects, as taught by Marin, with the motivation that it is well known to use such a technique and that it is simple process to yield predictable results. To clarify, Marin teaches to use various types of spatial frequencies with the purpose of activating and measuring different areas of the brain and Alcaide is concerned with measuring brain activity to determine the appropriate tag. Both references teach of various types of evoked potentials and both references teach of modeling to achieve this. Respectfully, one of ordinary skill in the art would realize to be able to use high spatial frequencies and still be able to determine the target tag of Alcaide.
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DENNIS P JOSEPH whose telephone number is (571)270-1459. The examiner can normally be reached Monday - Friday 5:30 - 3:30 EST.
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/DENNIS P JOSEPH/Primary Examiner, Art Unit 2621
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