Office Action 3: Notice of Allowance (2025-02-12)

CLAIMS:
In the Claims

Please amend the claims as follows:

What is claimed is:

1\. (Cancelled).
2\. (Cancelled).

3\. (Cancelled).
4\. (Cancelled).

5\. (Cancelled).

6\. (Cancelled).

7\. (Cancelled)..

8\. (Cancelled).

9\. (Cancelled).

10\. (Cancelled).

11\. (Cancelled).

12\. (Cancelled).

13\. (Cancelled).

14\. (Cancelled).

15\. (Cancelled).

16\. (Cancelled).

17\. (Cancelled)..

18\. (Cancelled).

19\. (Cancelled).

20\. (Cancelled).

21\. (Currently Amended) A method of utilizing a motor device to activate an audio device, the method comprising the steps of:providing an 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; and
responsive to said output signal, playing an age appropriate audio recording for a predetermined duration on an audio device, further comprising 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.
22\. (Previously Presented) The method of claim 21, comprising 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.
23\. (Previously Presented) The method of claim 21, wherein the providing the depressible portion comprises providing at least one of a nipple, a ball, and a mat.

24\. (Previously Presented) 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.
25\. (Cancelled).
26\. (Previously Presented) The method of claim 21, further comprising the step of playing the age appropriate audio recording for between 5 seconds to 25 seconds.
27\. (Previously Presented) The method of claim 21, further comprising the step of limiting daily playing of the age appropriate audio recording to between ten (10) minutes to about 1 hour.
28\. (Previously Presented) The method of claim 21, wherein the playing an age appropriate audio recording comprises playing a recording of a voice of a caretaker.
29\. (Previously Presented) 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.
30\. (Previously Presented) 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, wherein the language system provides a first recommendation or a second recommendation for sensing device sensor usage.

31\. (Previously Presented) The non-transitory computer readable medium of claim 30, wherein the language system provides a duration of audio output.

32\. (Previously Presented) The non-transitory computer readable medium of claim 30, wherein the language system provides the specific parameters for audio output.

33\. (Previously Presented) 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.

34\. (Previously Presented) The non-transitory computer readable medium of claim 32, wherein the language system provides the first recommendation or the second recommendation for sensing device sensor usage based on an age of a user of the language system.

35\. (Previously Presented) The non-transitory computer readable medium of claim 34 wherein 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.

36\. (Previously Presented) The non-transitory computer readable medium of claim 35 wherein the language system provides a duration of audio output, and further 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 specific parameters, and instructs the audio device to emit audio comprising the non-native language songs and readings for the assigned duration.

37\. (Previously Presented) A language system comprising an audio device coupled a motor device, the system comprising:the motor device comprising a housing for a sensor, 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;
the audio device comprising a microcomputer in electrical communication with the motor device, a microphone, and a speaker, 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, 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.

38\. (Previously Presented) 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.

39\. (Previously Presented) The language system of claim 37, 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 housing and the age appropriate predetermined threshold, wherein the housing is one of nipple, a ball, or a mat.

40\. (Previously Presented) The language system of claim 37, further, 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 .
Allowable Subject Matter
Claims 21-24 and 26-40 are allowed.
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:
“responsive to said output signal, playing an age appropriate audio recording for a predetermined duration on an audio device, further comprising 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”, in a manner as claimed by the independent claim 21; or
“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.”
Conclusion

APPLICANT REBUTTAL: REMARKS
Claims 21-40 are currently pending. Consideration of the pending claims, namely, claims 21-40 is respectfully requested. By the present amendment, claim 21 is amended and claim 25 is cancelled
ALLOWABLE SUBJECT MATTER
In the Office Action Examiner Kurr indicated that claims 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 allowable upon filing a terminal disclaimer. Applicant's representatives extend our appreciation to Examiner Kurr for the recognition of allowable subject matter.
DOUBLE PATENTING REJECTION
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. Applicant is filing a terminal disclaimer to overcome the double patenting rejections and notice to that effect is respectfully requested. Should Examiner Kurr disagree, they are encouraged to contact the undersigned to discuss.
If any fees are determined to be due in connection with filing this Amendment or any other paper filed during prosecution of this application, the Commissioner is authorized to charge any such fees to deposit account no. 60-5050. If any extension of time is required in connection with filing this Amendment or any other paper filed during
prosecution of this application, such an extension of time is petitioned for and hereby
respectfully requested.
Respectfully submitted,


CITED REFERENCE SUMMARIES: Ref US5830235: Claims:
1. 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.
2. A pacifier system as in claim 1 wherein said auditory stimulus means comprises a source of played music.
3. A pacifier system as in claim 1 wherein said auditory stimulus means comprises a source of spoken language.
4. 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.
5. 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.
6. 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.
7. 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.
8. A pacifier system as in claim 7 further comprising at least one speaker for broadcasting the auditory stimulus.
9. 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.
10. 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.
11. A method of modifying a sucking response, comprisingdetecting 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.
12. A method as in claim 11 wherein said detecting comprises detecting the sucking of a premature infant on a pacifier.
13. 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.
14. 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.
15. 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.
16. A method as in claim 11 wherein said auditory stimulus provided is spoken language to infants to teach language.
17. A method as in claim 11 further comprising storing and displaying the detected suck profile to provide a real time indication of oral activity.
18. A method as in claim 11 wherein said auditory stimulus is provided for a predetermined period of time.
19. A method as in claim 11 wherein said auditory stimulus is provided only for so long as sucking with said predetermined sucking profile occurs.
20. 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.