Office Action 1: Non-Final Rejection (2024-08-07)
Rejection types: 102 - Lack of Novelty, 103 - Obviousness, Double Patenting

CLAIMS:
CLAIMS

What is claimed is:

1\. A method of utilizing an oro-motor device to activate an audio device, the method comprising the steps of:providing an oro-motor device comprising a sensor and a depressible portion producing an output signal when said depressible portion is compressed yielding a first measured pressure over an age appropriate predetermined threshold applied to the depressible portion ;
responsive to said output signal, playing an age appropriate audio recording for a predetermined duration on an audio device; and
increasing the age appropriate predetermined threshold to a raised threshold proportionally to a difference between the first measured pressure to the depressible portion and the age appropriate predetermined threshold.

2\. The method of claim 1, further comprising the step of signaling that the oro-motor device has had a second measured pressure below the age appropriate predetermined threshold applied to the depressible portion.

3\. The method of claim 2, responsive to said signaling, lowering the age appropriate predetermined threshold to a lowered threshold proportionally to a difference between the first measured pressure application to the depressible portion and the age appropriate predetermined threshold.

4\. The method of claim 1, further comprising the step of playing the age appropriate audio recording for the predetermined duration, wherein the predetermined duration is between 5 seconds to 25 seconds.

5\. The method of claim 1, further comprising the step of limiting daily playing of the age appropriate audio recording to an age appropriate total duration, wherein the age appropriate total duration is between one half hour to about 1 hour.

6\. The method of claim 1, wherein the playing an age appropriate audio recording comprises at least one of:playing a recording of a voice of a caretaker; and
providing and playing an age appropriate audio recording in a foreign language

7\. The method of claim 1, wherein the providing the depressible portion comprises providing at least one of a nipple, a ball, and a mat..

8\. A non-transitory computer readable medium storing machine executable instructions for utilizing an oro-motor device to activate an audio device comprising:a language system in electronic communication with the audio device, a sensing device comprising a sensor, and an interface, the interface configured to receive user data and the sensing device configured to send signals to the language system, the language system providing at least one of:
a first recommendation or a second recommendation for sensing device sensor

usage;a sensor threshold and sensor readings of the sensing device;
a duration of audio output; and
specific parameters for audio output; and
the language system based upon the signal from the sensing device, indicating the sensor threshold has been exceeded, sends instructions to the audio device to emit an appropriate audio recording that conforms to the specific parameters for audio output for the assigned duration of audio output.
9\. The non-transitory computer readable medium of claim 8wherein the language system instructs the interface to offer at least one of a default option, a non-native language option, and a non 1:1 read-song ratio to a user.

10\. The non-transitory computer readable medium of claim 9 wherein responsive to the language system receiving instructions to provide the non-native language option, the language system provides non-native language songs and readings that conform to the identified specific parameters, and instructs the audio device to emit audio comprising the non-native language songs and readings for the assigned duration.

11\. The non-transitory computer readable medium of claim 9 wherein responsive to the language system receiving instructions to provide the non 1:1 read-song ratio option, the language system generates a read-song mix that corresponds to a selected song to reading ratio, and instructs the audio device to emit audio comprising the read-song mix for the assigned duration.

12\. The non-transitory computer readable medium of claim 9 wherein responsive to the language system receiving instructions to provide the default option, the language system generates a pre-recorded audio recording that corresponds to the default song to reading ratio and the default language, and instructs the audio device to emit audio comprising the default song to reading ratio and the default language for the assigned duration.

13\. The non-transitory computer readable medium of claim 9 wherein responsive to the language system receiving instructions to provide the default option, the language system generates samples of appropriate subject matter to be recorded by a user, and sends instructions to the audio device to record the user reciting the samples to generate user recordings.

14\. The non-transitory computer readable medium of claim 13, wherein the samples comprise user input data comprising at least one of a child's name, songs selected based upon a child's age, and readings selected based upon a child's age.

15\. The non-transitory computer readable medium of claim 13, wherein the language system at least one of alters and combines the user recordings to conform to the specific parameters for audio output to comprise altered or combined user recordings, the altered or combined user recordings comprises the appropriate audio recording.

16\. A language system comprising an audio device coupled an oro-motor device, the system comprising:

the oro-motor device comprising a nipple housing a sensor, wherein the sensor produces an output signal when said nipple portion compressed to a pressure over a first measured pressure over an age appropriate predetermined threshold;
the audio device comprising a microcomputer in electrical communication with the oro-motor device, a microphone, a speaker, and an interface, the microcomputer comprising a language system, the language system responsive to a user input received via the interface, assigns a sensor threshold and sensor readings of the oro-motor device, assigns a duration of audio output, and identifies specific parameters for audio output, the language system based upon the output signal from the oro-motor device indicating the age appropriate predetermined threshold has been exceeded, sends instructions to the audio device to emit an appropriate audio recording that conforms to the specific parameters for audio output for the assigned duration of audio output.

17\. The language system of claim 16, wherein the specific parameters for audio output comprise at least one of an age dependent volume, an age dependent number of intervals per day and per week, and age appropriate content.

18\. The language system of claim 16, wherein the language system raises the age appropriate predetermined threshold to a raised threshold proportionally to a difference between a first measured pressure application to the nipple portion and the age appropriate predetermined threshold.

19\. The language system of claim 16, wherein the interface displays an option to emit audio comprising at least one of a default recording, a non-native language recording, and a

non-default read-song ratio recording to the user.

20\. The language system of claim 16, wherein responsive to the user selecting the non- native language recording, the language system identifies non-native language songs and readings that conform to the identified specific parameters, and instructs the audio device to emit audio comprising the non-native language songs and readings for the assigned duration.

OFFICE ACTION:
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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA  as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11806122 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they are a broader version of the patented claim language, as mapped in the table below.
Application 18/381739
U.S. Pat No. 11806122 B2
Claim 21
See Claim: 1
Claim 22
See Claim: 1
Claim 23
See Claim: 7
Claim 24
See Claim: 2
Claim 25
See Claim: 3
Claim 26
See Claim: 4
Claim 27
See Claim: 5
Claim 28
See Claim: 6
Claim 29
See Claim: 6
Claim 30
See Claim: 8
Claim 31
See Claim: 8
Claim 32
See Claim: 8
Claim 33
See Claim: 15
Claim 34
See Claim: 8
Claim 35
See Claim: 9
Claim 36
See Claim: 8 + 10
Claim 37
See Claim: 16
Claim 38
See Claim: 17
Claim 39
See Claim: 18
Claim 40
See Claim: 16 + 19 + 20
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.
Claim(s) 21, 23-24, 26 and 29-33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Standley (US 5830235).
With respect to claim 21, Standley discloses a method of utilizing a motor device to activate an audio device, the method comprising the steps of:
providing an motor device (fig.1 #11) comprising a sensor (fig.1 #19) and a depressible portion (fig.1 #15) producing an output signal when said depressible portion is compressed yielding a first measured pressure over an age appropriate predetermined threshold applied to the depressible portion (col.3 ln.37-67; col.4 ln.1-9; sensitivity dial #25 provides an adjustable pressure threshold of the sensor #19 for pressure applied to the nipple #15); and
responsive to said output signal, playing an age appropriate audio recording for a predetermined duration on an audio device (col.4 ln.3-9;  tape recorder #35 plays an audio recording via speakers #37 when a pressure or a minimum intensity of sucking meets the threshold set by sensitivity dial #25; wherein the audio recording may play for a predetermined duration, see col.4 ln.65-67, col.5 ln.1-5).
With respect to claim 23, Standley discloses the method of claim 21, wherein the providing the depressible portion comprises providing at least one of a nipple (fig.1 #15), a ball, and a mat.
With respect to claim 24, Standley discloses the method of claim 23, further comprising the step of signaling that the motor device has had a measured pressure below the age appropriate predetermined threshold applied to the depressible portion (col.3 ln.62-67; col.4 ln.1-9; pressure sensor #19 signals measured pressures above and below the threshold set by sensitivity dial #25).
With respect to claim 26, Standley discloses the method of claim 21, further comprising the step of playing the age appropriate audio recording for between 5 seconds to 25 seconds (col.4 ln.65-67, col.5 ln.1-5).
With respect to claim 29, Standley discloses the method of claim 21, wherein the playing an age appropriate audio recording comprises providing and playing an age appropriate audio recording in a foreign language (col.10 ln.15-17; the invention of Standley does not limit the language that is spoken via the method, therefor any language of audio recording may be played via the device).
With respect to claim 30, Standley discloses a non-transitory computer readable medium storing machine executable instructions for utilizing a sensing device to activate an audio device comprising:
a language system (fig.1 #23) in electronic communication with the audio device (fig.1 #35,37),
a sensing device comprising a sensor (fig.1 #19), and
an interface (fig.1 #25,27), the interface configured to receive user data and the sensing device configured to send signals to the language system, the language system providing a sensor threshold and sensor readings of the sensing device, the language system, based upon the signal from the sensing device, indicating the sensor threshold has been exceeded, sends instructions to the audio device to emit an appropriate audio recording that conforms to specific parameters for audio output for the assigned duration of audio output (col.3 ln.37-67; col.4 ln.1-9; sensitivity dial #25 provides a user interface for adjusting a pressure threshold of the sensor #19 related to pressure applied to the nipple #15; col.4 ln.3-9;  tape recorder #35 plays an audio recording via speakers #37 when a pressure or a minimum intensity of sucking meets the threshold set by sensitivity dial #25; wherein the audio recording may play for a predetermined duration, see col.4 ln.65-67, col.5 ln.1-5).
With respect to claim 31, Standley discloses the non-transitory computer readable medium of claim 30, wherein the language system provides a duration of audio output (col.4 ln.65-67, col.5 ln.1-5).
With respect to claim 32, Standley discloses the non-transitory computer readable medium of claim 30, wherein the language system provides the specific parameters for audio output (col.4 ln.24-44; “suck parameter thresholds” may be set by a computer #29 as shown in figure 2).
With respect to claim 33, Standley discloses the non-transitory computer readable medium of claim 32, wherein the language system at least one of alters and combines a user recording to conform to the specific parameters for audio output to comprise altered or combined user recordings, the altered or combined user recordings comprises the appropriate audio recording (col.4 ln.65-67; col.5 ln.1-5 “Pressure sensitivity and length of music activation was controlled for each suck and for the purpose of this study was set at 15% pressure to activate ten seconds of music”).
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) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Standley (US 5830235) in view of Mathew et al (US 9369537 B1).
With respect to claim 27, Standley discloses the method of claim 21, however does not disclose expressly further comprising the step of limiting daily playing of the age appropriate audio recording to between ten (10) minutes to about 1 hour.
Mathew discloses a method of limiting a child to a playing time of a device to a set duration, including ten minutes to an hour (See: Abstract; col.13 ln.62-67, col.14 ln.1-4).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to limit the daily playing time of the device of Standley, as taught by Mathew.  The motivation for doing so would have been to prevent detrimental effects to the infant by overuse of the motor device.
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Standley (US 5830235) in view of Kamm (US 20080119108 A1).
With respect to claim 28, Standley discloses the method of claim 21, however does not disclose expressly wherein the playing an age appropriate audio recording comprises playing a recording of a voice of a caretaker.
Kamm discloses a method of utilizing a motor device to activate an audio device, wherein an age appropriate audio recording comprising a voice of a caretaker is played upon detection of an infant sucking the device (Par.[0023][0028] “familiar speaking voice”).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to play an audio recording of a voice of a caretaker in the method of Standley, as performed by Kamm. The motivation for doing so would have been to comfort the infant with a familiar voice.
Claim(s) 37-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Standley (US 5830235) in view of Wild (US 3678212).
With respect to claim 37, Standley discloses a language system comprising an audio device (fig.1 #35,37) coupled a motor device (fig.1 #13,19,23), the system comprising:
the motor device comprising a housing for a sensor (fig.1 #19), wherein the sensor produces an output signal when said housing is compressed to a pressure over a first measured pressure over an age appropriate predetermined threshold (col.3 ln.37-67; col.4 ln.1-9; sensitivity dial #25 provides an adjustable pressure threshold of the sensor #19 for pressure applied to the nipple #15);
the audio device comprising a microcomputer (fig.2 #29) in electrical communication with the motor device, and a speaker (fig.2 #37), the microcomputer comprising a language system, the language system responsive to an input, assigns a sensor threshold and sensor readings of the motor device, assigns a duration of audio output, and identifies specific parameters for audio output, the language system based upon the output signal from the motor device indicating the age appropriate predetermined threshold has been exceeded, sends instructions to the audio device to emit an appropriate audio recording that conforms to the specific parameters for audio output for the assigned duration of audio output (col.4 ln.24-44; specific parameters, such as suck parameter thresholds may be set by a language model of computer #29; where an audio recording may be played upon meeting the threshold criteria; and wherein the audio recording may play for a predetermined duration, see col.4 ln.65-67, col.5 ln.1-5).
Standley does not disclose expressly wherein the audio device is in electrical communication with a microphone.
Wild discloses a cassette recorder #10 comprising a microphone #88 (col.1 ln.65-75, col.2 ln.1-2).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to use the cassette recorder of Wild as the audio device of Standley.  The motivation for doing so would have been to use a readily available audio device to record and play back the audio recordings of Standley.
With respect to claim 38, Standley discloses the language system of claim 37, wherein the specific parameters for audio output comprise at least one of an age dependent volume, an age dependent number of intervals per day and per week, and age appropriate content (col.6 ln.20-26  a “lullaby” is age appropriate content).
Allowable Subject Matter
Claims 25, 34-36 and 39-40 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 22 would be rejected under Statutory Double Patenting if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chin et al (US 20160288983 A1) discloses a system for controlling delivery of breast milk supplementation.
Aron et al (US 9974476 B2) discloses a handheld cordless non-nutritive suck assessment device.


NEXT OFFICE ACTION: 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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA  as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11806122 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they are a broader version of the patented claim language, as mapped in the table below.
Application 18/381739
U.S. Pat No. 11806122 B2
Claim 21
See Claim: 1
Claim 22
See Claim: 1
Claim 23
See Claim: 7
Claim 24
See Claim: 2
Claim 25
See Claim: 3
Claim 26
See Claim: 4
Claim 27
See Claim: 5
Claim 28
See Claim: 6
Claim 29
See Claim: 6
Claim 30
See Claim: 8
Claim 31
See Claim: 8
Claim 32
See Claim: 8
Claim 33
See Claim: 15
Claim 34
See Claim: 8
Claim 35
See Claim: 9
Claim 36
See Claim: 8 + 10
Claim 37
See Claim: 16
Claim 38
See Claim: 17
Claim 39
See Claim: 18
Claim 40
See Claim: 16 + 19 + 20
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.
Claim(s) 21, 23-24, 26 and 29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Standley (US 5830235).
With respect to claim 21, Standley discloses a method of utilizing a motor device to activate an audio device, the method comprising the steps of:
providing an motor device (fig.1 #11) comprising a sensor (fig.1 #19) and a depressible portion (fig.1 #15) producing an output signal when said depressible portion is compressed yielding a first measured pressure over an age appropriate predetermined threshold applied to the depressible portion (col.3 ln.37-67; col.4 ln.1-9; sensitivity dial #25 provides an adjustable pressure threshold of the sensor #19 for pressure applied to the nipple #15); and
responsive to said output signal, playing an age appropriate audio recording for a predetermined duration on an audio device (col.4 ln.3-9;  tape recorder #35 plays an audio recording via speakers #37 when a pressure or a minimum intensity of sucking meets the threshold set by sensitivity dial #25; wherein the audio recording may play for a predetermined duration, see col.4 ln.65-67, col.5 ln.1-5).
With respect to claim 23, Standley discloses the method of claim 21, wherein the providing the depressible portion comprises providing at least one of a nipple (fig.1 #15), a ball, and a mat.
With respect to claim 24, Standley discloses the method of claim 23, further comprising the step of signaling that the motor device has had a measured pressure below the age appropriate predetermined threshold applied to the depressible portion (col.3 ln.62-67; col.4 ln.1-9; pressure sensor #19 signals measured pressures above and below the threshold set by sensitivity dial #25).
With respect to claim 26, Standley discloses the method of claim 21, further comprising the step of playing the age appropriate audio recording for between 5 seconds to 25 seconds (col.4 ln.65-67, col.5 ln.1-5).
With respect to claim 29, Standley discloses the method of claim 21, wherein the playing an age appropriate audio recording comprises providing and playing an age appropriate audio recording in a foreign language (col.10 ln.15-17; the invention of Standley does not limit the language that is spoken via the method, therefor any language of audio recording may be played via the device).
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) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Standley (US 5830235) in view of Mathew et al (US 9369537 B1).
With respect to claim 27, Standley discloses the method of claim 21, however does not disclose expressly further comprising the step of limiting daily playing of the age appropriate audio recording to between ten (10) minutes to about 1 hour.
Mathew discloses a method of limiting a child to a playing time of a device to a set duration, including ten minutes to an hour (See: Abstract; col.13 ln.62-67, col.14 ln.1-4).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to limit the daily playing time of the device of Standley, as taught by Mathew.  The motivation for doing so would have been to prevent detrimental effects to the infant by overuse of the motor device.
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Standley (US 5830235) in view of Kamm (US 20080119108 A1).
With respect to claim 28, Standley discloses the method of claim 21, however does not disclose expressly wherein the playing an age appropriate audio recording comprises playing a recording of a voice of a caretaker.
Kamm discloses a method of utilizing a motor device to activate an audio device, wherein an age appropriate audio recording comprising a voice of a caretaker is played upon detection of an infant sucking the device (Par.[0023][0028] “familiar speaking voice”).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to play an audio recording of a voice of a caretaker in the method of Standley, as performed by Kamm. The motivation for doing so would have been to comfort the infant with a familiar voice.
Allowable Subject Matter
Claim 25 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 22 would be rejected under Statutory Double Patenting if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 30-40 would be allowed upon filing a Terminal Disclaimer.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
The general concept of a non-transitory computer readable medium storing machine executable instructions for utilizing a sensing device to activate an audio device comprising: a language system in electronic communication with the audio device, a sensing device comprising a sensor, and an interface, the interface configured to receive user data and the sensing device configured to send signals to the language system, the language system providing a sensor threshold and sensor readings of the sensing device, the language system, based upon the signal from the sensing device, indicating the sensor threshold has been exceeded, sends instructions to the audio device to emit an appropriate audio recording that conforms to specific parameters for audio output for the assigned duration of audio output, was known in the art at the time of the invention as evidenced by Standley (US 5830235).
However, the Examiner has not found prior art that teaches or suggests the modification of Standley in order to provide:
“wherein the language system provides a first recommendation or a second recommendation for sensing-device sensor usage”, in a manner as claimed by the independent claim 30; or
“wherein an interface, in communication with the audio device, displays an option to emit audio comprising at least one of a default recording, a non-native language recording, and a non-default read-song ratio recording to the use”, in a manner as claimed by the independent claim 37.
Other prior art has been cited herein regarding language systems for pacifier systems, however the other prior art of record also fails to teach or provide suggestion to arrive the combination of the elements and steps presented in the independent claims, again when said elements or steps are collectively considered in regards to each claim.  For at least the reasons listed above, the dependent claims are also allowed in view of their respective dependencies upon the independent claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant's arguments filed October 4, 2024 regarding claims 21-29 have been fully considered but they are not persuasive.
Regarding independent claim 21, the applicant argues that Standley does not teach an “age appropriate predetermined threshold”, but rather teaches a sensitivity control dial #25 used to set the sensitivity of the detection of pressure being exerted on the nipple #15 of the pacifier #13.  The Applicant continues that Standley does not teach altering the pressure sensitivity based on the children’s age.
The Examiner agrees with the applicant’s interpretation of the sensitivity dial of Standley, however disagrees that the present claim language is not anticipated by the teachings of Standley.  The present claim language does not provide details regarding an altering of a pressure sensitivity based on a childs’ age, or wherein the claimed “age appropriate predetermined threshold” is altered based on a child’s age. The present claim language merely provides “an age appropriate predetermined threshold” without detail of how the threshold is determined or what the threshold represents.  Due to the breadth of the term, the Examiner has interpreted the claimed “age appropriate predetermined threshold” as any threshold that is exceeded by the measured pressure of the claimed sensor.  Standley provides such an adjustable threshold via the setting of control dial #25.
Conclusion
THIS ACTION IS MADE FINAL.  Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action.  In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action.  In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.

CITED REFERENCE SUMMARIES: Ref US5830235A: Claims:
A pacifier system, comprising a pacifier for being sucked on; sensing means for sensing duration and intensity of sucking on the pacifier auditory stimulus means for providing auditory stimulus in response to said sucking on said pacifier; and means for activating said auditory stimulus means to provide said auditory stimulus for a predetermined amount of time upon said sensing means sensing sucking on said pacifier for a predetermined minimum amount of time and sensing sucking of a minimum intensity.
sensing means for sensing duration and intensity of sucking on the pacifier
auditory stimulus means for providing auditory stimulus in response to said sucking on said pacifier; and
means for activating said auditory stimulus means to provide said auditory stimulus for a predetermined amount of time upon said sensing means sensing sucking on said pacifier for a predetermined minimum amount of time and sensing sucking of a minimum intensity.
A pacifier system as in claim 1 wherein said auditory stimulus means comprises a source of played music.
A pacifier system as in claim 1 wherein said auditory stimulus means comprises a source of spoken language.
A pacifier system as in claim 1 wherein said sensing means is adapted for detecting a specified suck profile for having said means for activating said auditory stimulus means upon said sensing means sensing sucking on said pacifier for a predetermined minimum amount of time, of a minimum intensity and of the specified suck profile.
A pacifier system as in claim 4 wherein said sensing means is adapted to detect minimum intensity of sucking, minimum duration of sucking, maximum duration of sucking, minimum frequency and maximum frequency to determine the suck type profile.
A pacifier system as in claim 5 further comprising recording means for continuously recording the suck profile by a frequency modulated recording of the analog suction waveform to provide an immediate indication of oral activity.
A pacifier system as in claim 1 wherein said auditory stimulus means comprises a tape player, said sensing means comprises a pressure transducer connected by said pacifier through an air tube to detect pressure changes in the pacifier, and said activating means comprises a control box to which said pressure transducer is connected, and to which said tape player is connected, and said control box having a sensitivity control for adjusting the sensitivity of such intensity detected to match a predetermined value before actuating the tape player, and a delay control for setting the amount of time of sucking at a predetermined intensity before actuating the tape player.
A pacifier system as in claim 7 further comprising at least one speaker for broadcasting the auditory stimulus.
A pacifier system as in claim 1 wherein said means for activating said auditory stimulus means comprises a programmed computer, said sensing means comprises a pressure transducer connected to said programmed computer and to said pacifier, and said auditory stimulus means comprises a tape player connected for activation by said programmed computer.
A pacifier system as in claim 9 wherein said programmed computer further comprises a display for displaying a recorded suck profile of the analog suction waveform of a human sucking on the pacifier.
A method of modifying a sucking response, comprising detecting the intensity of sucking and duration of sucking on a pacifier; and upon detection of a predetermined intensity of sucking for a predetermined amount of time, providing an auditory stimulus.
detecting the intensity of sucking and duration of sucking on a pacifier; and
upon detection of a predetermined intensity of sucking for a predetermined amount of time, providing an auditory stimulus.
A method as in claim 11 wherein said detecting comprises detecting the sucking of a premature infant on a pacifier.
A method as in claim 11 further comprising detecting the sucking profile of the sucking, and only providing said auditory stimulus upon said sucking matching a predetermined sucking profile.
A method as in claim 13 wherein said predetermined sucking profile is determined by detecting the values of a minimum intensity of sucking, a minimum duration of sucking, maximum duration of sucking, a minimum frequency of sucking and a maximum frequency of sucking, whereby only sucking profiles falling within said values are used to provide said auditory stimulus.
A method as in claim 11 wherein said auditory stimulus provided is music to premature infants sucking on a pacifier to reinforce non-nutritive sucking response.
A method as in claim 11 wherein said auditory stimulus provided is spoken language to infants to teach language.
A method as in claim 11 further comprising storing and displaying the detected suck profile to provide a real time indication of oral activity.
A method as in claim 11 wherein said auditory stimulus is provided for a predetermined period of time.
A method as in claim 11 wherein said auditory stimulus is provided only for so long as sucking with said predetermined sucking profile occurs.
A method as in claim 11 wherein said predetermined intensity of sucking must be detected for a predetermined minimum period of time before said auditory stimulus is provided.
Ref US9369537B1: Claims:
A device comprising: at least one processor; and at least one computer-readable storage medium having encoded thereon executable instructions that, when executed, cause the at least one processor to implement a usage control application, wherein the usage control application is programmed to: monitor a user's usage of the device; in response to determining that an amount of time the user has been using the device while the device is in a controlled mode has reached a selected limit for usage time, activate a home screen to restrict the user's access to the device, wherein the home screen is not part of an operating system of the device, and wherein the home screen is programmed to: present a user interface to the user for demonstrating at least one achievement; and disregard selected user input until the user demonstrates at least one achievement, wherein the selected user input comprises a home button input or a back button input; determine whether the user successfully demonstrated at least one achievement; in response to determining that the user successfully demonstrated at least one achievement, allow the user to regain access to the device in the controlled mode; and in response to the user pressing a home button while the device is the controlled mode, activate the home screen to present a list of approved applications to the user, wherein the device has installed thereon at least one application that is not on the list of approved applications and is not presented to the user by the home screen.
at least one processor; and
at least one computer-readable storage medium having encoded thereon executable instructions that, when executed, cause the at least one processor to implement a usage control application, wherein the usage control application is programmed to:
monitor a user's usage of the device;
in response to determining that an amount of time the user has been using the device while the device is in a controlled mode has reached a selected limit for usage time, activate a home screen to restrict the user's access to the device, wherein the home screen is not part of an operating system of the device, and wherein the home screen is programmed to: present a user interface to the user for demonstrating at least one achievement; and disregard selected user input until the user demonstrates at least one achievement, wherein the selected user input comprises a home button input or a back button input;
present a user interface to the user for demonstrating at least one achievement; and
disregard selected user input until the user demonstrates at least one achievement, wherein the selected user input comprises a home button input or a back button input;
determine whether the user successfully demonstrated at least one achievement;
in response to determining that the user successfully demonstrated at least one achievement, allow the user to regain access to the device in the controlled mode; and
in response to the user pressing a home button while the device is the controlled mode, activate the home screen to present a list of approved applications to the user, wherein the device has installed thereon at least one application that is not on the list of approved applications and is not presented to the user by the home screen.
The device of claim 1 , wherein the at least one application that is not on the list of approved applications is a first application, and wherein the usage control application is programmed to: cause a second application that was running in a foreground of the device to be suspended when the home screen was activated.
cause a second application that was running in a foreground of the device to be suspended when the home screen was activated.
The device of claim 2 , wherein the usage control application is programmed to: in response to determining that the user successfully demonstrated at least one achievement, cause the second application to be restored to the foreground of the device.
in response to determining that the user successfully demonstrated at least one achievement, cause the second application to be restored to the foreground of the device.
The device of claim 1 , wherein the at least one application that is not on the list of approved applications is a first application, and wherein the usage control application is programmed to: in response to the user pressing a back button from an entry screen of a second application while the device is in the controlled mode, activate the home screen to present the list of approved applications to the user, wherein the first application is not presented to the user by the home screen.
in response to the user pressing a back button from an entry screen of a second application while the device is in the controlled mode, activate the home screen to present the list of approved applications to the user, wherein the first application is not presented to the user by the home screen.
The device of claim 1 , wherein the home screen is programmed to: prevent the user from accessing at least one selected system setting.
prevent the user from accessing at least one selected system setting.
The device of claim 1 , wherein the home screen is programmed to prevent the user from deleting the usage control application.
The device of claim 1 , wherein the home screen is programmed to: identify the list of approved applications from a user profile associated with the user.
identify the list of approved applications from a user profile associated with the user.
The device of claim 1 , wherein the usage control application is programmed to: establish the list of approved applications based on input received from an administrator.
establish the list of approved applications based on input received from an administrator.
The device of claim 1 , wherein the usage control application is programmed to: establish the selected limit for usage time based on input received from an administrator.
establish the selected limit for usage time based on input received from an administrator.
The device of claim 1 , wherein the user interface for demonstrating at least one achievement comprises: a display of one or more questions to be answered by the user; and one or more user interface elements for answering the one or more questions.
a display of one or more questions to be answered by the user; and
one or more user interface elements for answering the one or more questions.
A method performed by at least one processor of a device, the at least one processor being programmed by executable instructions encoded on at least one computer-readable storage medium of the device, the method comprising: monitoring a user's usage of the device; in response to determining that an amount of time the user has been using the device while the device is in a controlled mode has reached a selected limit for usage time, activating a home screen to restrict the user's access to the device, wherein the home screen is not part of an operating system of the device; presenting, by the home screen, a user interface to the user for demonstrating at least one achievement; disregarding, by the home screen, selected user input until the user demonstrates at least one achievement, wherein the selected user input comprises a home button input or a back button input; determining whether the user successfully demonstrated at least one achievement; in response to determining that the user successfully demonstrated at least one achievement, allowing the user to regain access to the device in the controlled mode; and in response to the user pressing a home button while the device is the controlled mode, activating the home screen to present a list of approved applications to the user, wherein the device has installed thereon at least one application that is not on the list of approved applications and is not presented to the user by the home screen.
monitoring a user's usage of the device;
in response to determining that an amount of time the user has been using the device while the device is in a controlled mode has reached a selected limit for usage time, activating a home screen to restrict the user's access to the device, wherein the home screen is not part of an operating system of the device;
presenting, by the home screen, a user interface to the user for demonstrating at least one achievement;
disregarding, by the home screen, selected user input until the user demonstrates at least one achievement, wherein the selected user input comprises a home button input or a back button input;
determining whether the user successfully demonstrated at least one achievement;
in response to determining that the user successfully demonstrated at least one achievement, allowing the user to regain access to the device in the controlled mode; and
in response to the user pressing a home button while the device is the controlled mode, activating the home screen to present a list of approved applications to the user, wherein the device has installed thereon at least one application that is not on the list of approved applications and is not presented to the user by the home screen.
The method of claim 11 , wherein the at least one application that is not on the list of approved applications is a first application, and wherein the method further comprises: causing a second application that was running in a foreground of the device to be suspended when the home screen was activated.
causing a second application that was running in a foreground of the device to be suspended when the home screen was activated.
The method of claim 12 , further comprising: in response to determining that the user successfully demonstrated at least one achievement, causing the second application to be restored to the foreground of the device.
in response to determining that the user successfully demonstrated at least one achievement, causing the second application to be restored to the foreground of the device.
The method of claim 11 , wherein the at least one application that is not on the list of approved applications is a first application, and wherein the method further comprises: in response to the user pressing a back button from an entry screen of a second application while the device is in the controlled mode, activating the home screen to present the list of approved applications to the user, wherein the first application is not presented to the user by the home screen.
in response to the user pressing a back button from an entry screen of a second application while the device is in the controlled mode, activating the home screen to present the list of approved applications to the user, wherein the first application is not presented to the user by the home screen.
The method of claim 11 , further comprising: preventing, by the home screen, the user from accessing at least one selected system setting.
preventing, by the home screen, the user from accessing at least one selected system setting.
The method of claim 11 , wherein the executable instructions comprise instructions of a usage control application, and wherein the method further comprises: preventing, by the home screen, the user from deleting the usage control application.
preventing, by the home screen, the user from deleting the usage control application.
The method of claim 11 , further comprising: identifying the list of approved applications from a user profile associated with the user.
identifying the list of approved applications from a user profile associated with the user.
The method of claim 11 , further comprising: establishing the list of approved applications based on input received from an administrator.
establishing the list of approved applications based on input received from an administrator.
The method of claim 11 , further comprising: establishing the selected limit for usage time based on input received from an administrator.
establishing the selected limit for usage time based on input received from an administrator.
The method of claim 11 , wherein the user interface for demonstrating at least one achievement comprises: a display of one or more questions to be answered by the user; and one or more user interface elements for answering the one or more questions.
At least one non-transitory computer-readable storage medium having encoded thereon executable instructions that, when executed by at least one processor, cause the at least one processor to perform a method comprising: monitoring a user's usage of the device; in response to determining that an amount of time the user has been using the device while the device is in a controlled mode has reached a selected limit for usage time, activating a home screen to restrict the user's access to the device, wherein the home screen is not part of an operating system of the device; presenting, by the home screen, a user interface to the user for demonstrating at least one achievement; disregarding, by the home screen, selected user input until the user demonstrates at least one achievement, wherein the selected user input comprises a home button input or a back button input; determining whether the user successfully demonstrated at least one achievement; in response to determining that the user successfully demonstrated at least one achievement, allowing the user to regain access to the device in the controlled mode; and in response to the user pressing a home button while the device is the controlled mode, activating the home screen to present a list of approved applications to the user, wherein the device has installed thereon at least one application that is not on the list of approved applications and is not presented to the user by the home screen.
The at least one non-transitory computer-readable storage medium of claim 21 , wherein the at least one application that is not on the list of approved applications is a first application, and wherein the method further comprises: causing a second application that was running in a foreground of the device to be suspended when the home screen was activated.
The at least one non-transitory computer-readable storage medium of claim 22 , wherein the method further comprises: in response to determining that the user successfully demonstrated at least one achievement, causing the second application to be restored to the foreground of the device.
The at least one non-transitory computer-readable storage medium of claim 21 , wherein the at least one application that is not on the list of approved applications is a first application, and wherein the method further comprises: in response to the user pressing a back button from an entry screen
[Truncated to input limit]