Office Action 2: Final Rejection (2024-10-30)
Rejection types: 102 - Lack of Novelty, 103 - Obviousness, Double Patenting

CLAIMS:
In the Claims

Please amend the claims as follows:

What is claimed is:

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20\. (Cancelled).

21\. (Previously Presented) 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.
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\. (Previously Presented) The method of claim 21, 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.
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\. (Currently Amended) 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, whrein the language system provides afirst iccomiendation 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\. (Currently Amended) The non-transitory computer readable medium of claim 32, wherein the language system provides \[\[a\]\] the first recommendation or \[\[a\]\] the second recommendation for sensing device sensor usage basedon an age of a.user of the lanruage 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\. (Currently Amended) 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, whereinan interface, in communication with theaudio device, disnlays an.
optionto emit audio compirisina at leastone of a defaultrecordine. a non-native languane recording,\-and anon-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\. (Currently Amended) The language system of claim 37,'whee tiee ed- Page 7 of 13 sen 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 .
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.

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, claims 30, 34, 37, and 40 are amended.
ALLOWABLE SUBJECT MATTER
In the Office Action Examiner Kurr indicated that 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. Applicant's representatives extend our appreciation to Examiner Kurr for the recognition of allowable subject matter.
35 U.S.C.
X10
2 Re
j
ections
Claim 1, 23-24, 26 and 29-33 is/are rejected under 35 U.S.C. §102 as being anticipated Standley (US Patent 5,830,235; hereafter "Standley").
Anticipation requires a single prior art reference that discloses each element of the claim.
W.L.
Gore & Associates v. Garlock
,
Inc.
,
220 U.S.P.Q. 303, 313 (Fed. Cir. 1983),
cert. denied 469 U.S. 851 (1984). Additionally, the single prior art reference must disclose each and every element of the claimed invention, arranged as in the claim.
Lindemann Maschinenfabrik GmbH v. Ameri
c
an
Hois
t & D
e
rrick Co
:
,
221 U.S.P.Q. 481, 485 (Fed. Cir. 1984). "There must be no difference between the claimed invention and the reference disclosure, as viewed by a person of ordinary skill in the field of the invention".
Scr
iups C
linic & R
ese
arch
'Fo
undation
,
v. Genentech Inc.,
18 U.S.P.Q.2d
1001, 1010 (Fed. Cir. 1991). "The identical invention must be shown in as complete detail as is contained in the ... claim".
Claim 21 recites, inter alia, 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.
Standley does not teach an age appropriate predetermined threshold, rather Standley merely teaches that "[t]he sensitivity control dial 25 is used to set the sensitivity of detection of pressure being exerted on a nipple 15 of the pacifier 13" (Col. 3, lines 45- 50). This does not teach applying a first measured pressure over an age appropriate predetermined threshold, as recited in claim 21. Standley teaches a guessing game, wherein a user adjusts a sensitivity control dial 25 to be "at a sufficiently low position to avoid having the tape player 35 play with just a slight pull on the pacifier nipple 15." (Col. 4, lines 2-5). As Standley does not contemplate basing the sensitivity of detection of pressure being exerted on a nipple 15 on the age of a child, merely referencing building a profile of a full term infant. (Col. 4, lines 30-31). Even when age is referenced in Standley, (twelve premature infants born at an average gestation age of 29.3 weeks and an average weight of 2 lbs. 4.8 oz.), Standley does not teach altering the pressure sensitivity based on those children's age. (Col. 3; lies 61-64). As such, applicant believes that claim 21 is novel in view of Standley, and notice to that effect is respectfully requested. Should Examiner Kurr disagree, they are encouraged to contact the undersigned to discuss.
Claims 22-29 depend from claim 21 and are allowable for at least the same reasons as amended claim 21 and/or for the specific features recited therein.
Claim 30 has been amended to include claim 34, which was indicated allowable by the Examiner. Claims 31-36 depend from claim 30 and are allowable for at least the same reasons as amended claim 30 and/or for the specific features recited therein.
35 U.S.C.
3 Re
j
ections
.
Claim 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Standley in view of Mathew et al. (US Patent 9,369,537; hereafter "Mathew").
Claim 27 depends from claim 21 and is allowable for at least the same reasons as claim 21 and/or for the specific features recited therein. See In re Fine, 5 USPQ2d 1596, 1600 (Fed. Cir. 1988) (stating that if an independent claim is nonobvious, then any claim depending therefrom is nonobvious).
Claim 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Standley in view of Kamm (US Patent Pub. 2008/0119108; hereafter "Kamm ").
Claim 28 depends from claim 21 and is allowable for at least the same reasons as claim 21 and/or for the specific features recited therein. See In re Fine, 5 USPQ2d 1596, 1600 (Fed. Cir. 1988) (stating that if an independent claim is nonobvious, then any claim depending therefrom is nonobvious).
Claims 37-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Standley in view of Wild (US Patent 3,678,212; hereafter "Wild").
Claim 37 recites, inter alia, 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; [...], 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.
As discussed above with regard to claim 21, Standley does not teach an age appropriate predetermined threshold, as it does not contemplate age when determining a pressure. Further, neither Standly or Wild teach an interface in communication with the audio device, offering options 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, as recited in claim 37. As such, applicant believes that claim 37 is novel and non-obvious in view of Standley and Wild, and notice to that effect is respectfully requested. Should Examiner Kurr disagree, they are encouraged to contact the undersigned to discuss.
Claims 38-40 depend from claim 37 and are allowable for at least the same reasons as amended claim 37 and/or for the specific features recited therein. See In re Fine, 5 USPQ2d 1596, 1600 (Fed. Cir. 1988) (stating that if an independent claim is nonobvious, then any claim depending therefrom is nonobvious).
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 believes the amendments to claims 21, 30, and 37 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,

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 .
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

CITED REFERENCE SUMMARIES: Ref US11806122B2: 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 8 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. 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.
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.
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.
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.
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.
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.
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.
The method of claim 1, wherein the providing the depressible portion comprises providing at least one of a nipple, a ball, and a mat.
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.
The non-transitory computer readable medium of claim 8 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Ref US20080119108A1: Claims:
An infant apparatus comprised of: a sensor which detects at least one sucking parameter of an infant and creates a first electrical signal based on said at least one sucking parameter; a microprocessor which receives and measures said first electrical signal and creates a second electrical signal based on said first electrical signal; and an actuator which receives said second electrical signal and produces an infant stimulation output in response to said second electrical signal.
a sensor which detects at least one sucking parameter of an infant and creates a first electrical signal based on said at least one sucking parameter;
a microprocessor which receives and measures said first electrical signal and creates a second electrical signal based on said first electrical signal; and
an actuator which receives said second electrical signal and produces an infant stimulation output in response to said second electrical signal.
The apparatus of claim 1 , wherein said apparatus is selected from a group consisting of an infant seat, a car seat, a carrier, a swing, a stroller, a bassinette, and a harness.
The apparatus of claim 1 , wherein said sensor is attached to a nipple by a tube-shaped apparatus.
The apparatus of claim 1 , wherein said sensor is embedded in a nipple which remotely sends said first electrical signal to said microprocessor.
The apparatus of claim 1 , wherein said at least one sucking parameter is selected from a group consisting of an offset, an onset, a duration, an intensity, an interval between sucks, and combinations thereof.
The apparatus of claim 1 , wherein said infant stimulation output is selected from a group consisting of a smooth motion movement, a bouncing movement, a rocking movement, a vibrating movement, a visual stimulation, a pro-recorded verbal audio stimulation, and combinations thereof
An infant apparatus comprised of: an infant support structure; a sensor which detects at least one sucking parameter of an infant and creates a first electrical signal based on said at least one sucking parameter; a microprocessor which receives and measures said first electrical signal and creates a second electrical signal based on said first electrical signal; and an actuator which receives said second electrical signal and produces an infant stimulation output in response to said second electrical signal.
an infant support structure;
The apparatus of claim 7 , wherein said apparatus is selected from a group consisting of an infant seat, a car seat, a carrier, a swing, a stroller, a bassinette, and a harness.
The apparatus of claim 7 , wherein said sensor is attached to a nipple by a tube-shaped apparatus.
The apparatus of claim 7 , wherein said sensor is embedded in a nipple which remotely sends said first electrical signal to said microprocessor.
The apparatus of claim 7 , wherein said at least one sucking parameter is selected from a group consisting of an offset, an onset, a duration, an intensity, an interval between sucks, and combinations thereof.
The apparatus of claim 7 , wherein said infant stimulation output is selected from a group consisting of a smooth motion movement, a bouncing movement, a rocking movement, a vibrating movement, a visual stimulation, a pre-recorded verbal audio stimulation, and combinations thereof.
An infant apparatus comprised of: an infant support structure; a nipple; a sensor positioned within said nipple, said sensor is adapted to detect changes in pressure in said nipple in response to at least one sucking parameter of an infant and to create a first electrical signal based on said at least one sucking parameter; a microprocessor which receives and measures said first electrical signal and creates a second electrical signal based on said first electrical signal; and an actuator which receives said second electrical signal and produces movement of said infant support structure in response to said second electrical signal.
a sensor positioned within said nipple, said sensor is adapted to detect changes in pressure in said nipple in response to at least one sucking parameter of an infant and to create a first electrical signal based on said at least one sucking parameter;
an actuator which receives said second electrical signal and produces movement of said infant support structure in response to said second electrical signal.
The apparatus of claim 13 , wherein said infant support structure is selected from a group consisting of an infant seat, a car seat, a carrier, a swing, a stroller, a bassinette, and a harness.
The apparatus of claim 13 , wherein said sensor is attached to said nipple by a tube-shaped apparatus.
The apparatus of claim 13 , wherein said sensor is embedded in said nipple which remotely sends said first electrical signal to said microprocessor;
The apparatus of cla
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