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 .
Response to Amendment
The Amendment filed September 12, 2025 has been entered. Claims 1-20 remain pending in the application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 20 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “substantially” in claim 20 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear the scope of ” a substantially flat and circular structure”.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Turner (US 2019/0064344 A1) (‘Turner”).
Regarding claim 1, Turner discloses A health data monitoring device comprising (Abstract and entire document):
a listening section comprising a housing including a speaker and associated electronics disposed within the housing, said listening section receiving and outputting an audio signal received from an external source (FIG. 1-2 and associated paragraphs, see at least [0031 – 0032], “In one embodiment, the wireless earpieces 102 includes a housing 108 shaped to fit substantially within the ears of the user 106. The housing 108 is a support structure at least partially enclosing and housing the electronic components of the wireless earpieces 102.” And [0033], “The housing 108 defines an extension 110 configured to fit substantially within the ear of the user 106. The extension 110 may include one or more speakers or vibration components for interacting with the user 106.”); and
a sensor section comprising a disc configured with respect to said listening section and outside of said housing (FIG. 1-2 and [0035], “In one embodiment, the sensors 112 may include a radar sensor 114.” See FIG. 2 showing a sensor section with a disc shaped component outside of the housing, as reference 201 on the top right figure shown.);
at least one sensor disposed on said disc (FIG. 1-2, sensors 204/206 are on the disc 201 as best shown in FIG. 2),
wherein said disc is separate from said housing (As shown in FIG. 1-2, sensors 112/114 and 201/204/206 are outside of the housing. See FIG. 2 showing a sensor section with a disc shaped component outside of the housing, as reference 201 on the top right figure shown.), and
when said listening section is positioned with respect to an ear of a person to enable listening of said audio signal, said at least one sensor is configured for sensing health data associated with said person (FIG. 1-2 and rejections discussed above).
Regarding claim 2, Turner discloses The device of claim 1, wherein said at least one sensor comprises an electroencephalogram (EEG) sensor ([0075], “an electroencephalogram (EEG) 432,”).
Regarding claim 3, Turner discloses The device of claim 1, wherein said listening section comprises an ear bud, said disc disposed outside of said earbud (FIG. 1-2 and associated paragraphs, see at least [0033], “The housing 108 defines an extension 110 configured to fit substantially within the ear of the user 106. The extension 110 may include one or more speakers or vibration components for interacting with the user 106.” And the sensors 112, 114 shown outside of said earbud).
Regarding claim 4, Turner discloses The device of claim 1, wherein said sensor section comprises a plurality of sensors disposed on said disc, said sensors including at least one of an EEG sensor, a pulse wave sensor, a heart rate sensor, a temperature sensor, and an oxygen sensor ([0075], “a pulse oximeter 418, a temperature sensor 420, or other physiological or biological sensors 422. Further examples of physiological or biological sensors 422 include an alcohol sensor 424, glucose sensor 426, or bilirubin sensor 428. Other examples of physiological or biological sensors 422 included in the wireless earpieces 402 include a blood pressure sensor 430, an electroencephalogram (EEG) 432, an Adenosine Triphosphate (ATP) sensor 434, a lactic acid sensor 436, a hemoglobin sensor 438, a hematocrit sensor 440, or other biological or chemical sensor.”), and
when said listening section is positioned with respect to an ear of a person to enable listening of said audio signal, said at least one of said plurality of sensors is configured for sensing health data associated with said person (FIG. 1-2 and rejections discussed above).
Regarding claim 5, Turner discloses The device of claim 4, wherein when said listening section is positioned with respect to an ear of a person to enable listening of said audio signal, said plurality of sensors are configured for sensing health data associated with said person (FIG. 1-2 and rejections discussed above).
Regarding claim 6, Turner discloses The device of claim 1, further comprising a microprocessor and a transceiver configured to receive and process said sensed heath data, and to transmit information indicative of said processed health data to an external device for at least one of further processing and visual and/or audio display ([0024], “processor” and [0025], “The wireless earpiece further includes a transceiver communicating with at least a wireless device. The processor activates the one or more radar sensors and analyzes the radar measurements to determine biometrics associated with the user.”).
Regarding claim 7, Turner discloses The device of claim 6, wherein said transceiver is configured for at least of wired and wireless communication ([0024], “processor” and [0025], “The wireless earpiece further includes a transceiver communicating with at least a wireless device. The processor activates the one or more radar sensors and analyzes the radar measurements to determine biometrics associated with the user.”).
Regarding claim 8, Turner discloses The device of claim 6, further comprising a non-transient computer-readable memory for recording and/or storing at least a portion of said information indicative of said sensed health data ([0024], “In another embodiment, the wireless earpieces include a processor and a memory storing wireless earpiece operation, programing and data. The methods of operation and programming are executed by the processor to perform the method herein described.”).
Regarding claim 9, Turner discloses The device of claim 8, wherein at least one of said microprocessor, transceiver, and memory is configured within a housing accommodating said listening section (FIG. 1-2 and [0024 – 0025]).
Regarding claim 10, Turner discloses The device of claim 6, wherein said microprocessor and said transceiver are configured to receive at least one of command and data input from an external device via a wired or wireless communication (FIG. 1-2 and [0025] and [0030 – 0031]); and
said microprocessor controls operation of said at least one sensor according to at least on of said received command and data input (FIG. 1-2 and [0024 – 0025]).
Regarding claim 11, Turner discloses A heath data monitoring system comprising: the first heath data monitoring device as claimed in claim 1, 2, 3, 4, 5, 6, 7, 8, 9, or 10 (Abstract and entire document and see claims 1-10); and
an external device in wired or wireless communication with said health data monitoring device (FIG. 1-2 and [0024 – 0025]),
wherein said external device transmits to said first health data monitoring device at least one of said audio signal and a control signal for controlling operation of said first health data monitoring device (FIG. 1-2 and [0024 – 0025]),
receives data indicative of said health data sensed by said at least one sensor (FIG. 1-2 and [0024 – 0025]), and
outputs at least one of visual and audio representation of said sensed health data (FIG. 1-2 and [0024 – 0025]).
Regarding claim 12, Turner discloses The system of claim 11 further comprising: a second health data monitoring device in wired or wireless communication with at least one of said first health data monitoring device and said external device (FIG. 1 and associated paragraphs showing 2 earphone systems and see rejections above for claims 1-11),
wherein said first and second health data monitoring devices are configured to output said audio signal from said external device in a stereophonic format (FIG. 1 and associated paragraphs showing 2 earphone systems and see rejections above for claims 1-11),
said output of said at least one sensor of said first health data monitoring device is processed in coordination with said output of at least one second sensor of said second health data monitoring device (FIG. 1 and associated paragraphs showing 2 earphone systems and see rejections above for claims 1-11), and
said external device transmits to at least one of said first and second health data monitoring devices at least one of said audio signal and a control signal for controlling operation of said at least one of first and second health data monitoring devices (FIG. 1 and associated paragraphs showing 2 earphone systems and see rejections above for claims 1-11).
Regarding claim 13, Turner discloses The system of claim 12, wherein said at least one second sensor comprises and electroencephalogram (EEG) sensor ([0075], “an electroencephalogram (EEG) 432,”).
Regarding claim 14, Turner discloses The system of claim 12, wherein when said listening section is positioned with respect to an ear of a person to enable listening of said audio signal, said at least one of said plurality of sensors is configured for sensing health data associated with said person, and said output of said at least one sensor of said first health data monitoring device is processed in coordination with said output of said at least one second sensor of said second health data monitoring device (FIG. 1-2 and associated paragraphs, see at least [0031 – 0032], “In one embodiment, the wireless earpieces 102 includes a housing 108 shaped to fit substantially within the ears of the user 106. The housing 108 is a support structure at least partially enclosing and housing the electronic components of the wireless earpieces 102.” And [0033], “The housing 108 defines an extension 110 configured to fit substantially within the ear of the user 106. The extension 110 may include one or more speakers or vibration components for interacting with the user 106.” And sensors 112/114).
Regarding claim 15, Turner discloses A method of monitoring health data, the method comprising (Abstract and entire document):
positioning at least one health data monitoring device with respect to an ear of a person, said at least one health data monitoring device comprising (FIG. 1-2):
a listening section comprising a housing including a speaker and associated electronics disposed within the housing, said listening section receiving and outputting an audio signal received from an external source (FIG. 1-2 and associated paragraphs, see at least [0031 – 0032], “In one embodiment, the wireless earpieces 102 includes a housing 108 shaped to fit substantially within the ears of the user 106. The housing 108 is a support structure at least partially enclosing and housing the electronic components of the wireless earpieces 102.” And [0033], “The housing 108 defines an extension 110 configured to fit substantially within the ear of the user 106. The extension 110 may include one or more speakers or vibration components for interacting with the user 106.”), and
a sensor section comprising a disc configured with respect to said listening section and outside of said housing (FIG. 1-2 and [0035], “In one embodiment, the sensors 112 may include a radar sensor 114.” See FIG. 2 showing a sensor section with a disc shaped component outside of the housing, as reference 201 on the top right figure shown.);
at least one sensor disposed on said disc (FIG. 1-2, sensors 204/206 are on the disc 201 as best shown in FIG. 2),
wherein said disc is separate from said housing (As shown in FIG. 1-2, sensors 112/114 and 201/204/206 are outside of the housing. See FIG. 2 showing a sensor section with a disc shaped component outside of the housing, as reference 201 on the top right figure shown.), and
enable listening of an audio signal output by said listening section (FIG. 1-2 and associated paragraphs, see at least [0031 – 0032], “In one embodiment, the wireless earpieces 102 includes a housing 108 shaped to fit substantially within the ears of the user 106. The housing 108 is a support structure at least partially enclosing and housing the electronic components of the wireless earpieces 102.” And [0033], “The housing 108 defines an extension 110 configured to fit substantially within the ear of the user 106. The extension 110 may include one or more speakers or vibration components for interacting with the user 106.”);
sensing health data associate with said person by said at least on sensor of said health data monitoring device (FIG. 1-2 and [0035], “In one embodiment, the sensors 112 may include a radar sensor 114. The radar sensor 114 may be enclosed or encompassed entirely within the housing 108. In another embodiment, the radar sensor 114 may be a separate sensing component proximate the sensors 112 or positioned at one or more locations proximate the skin or tissue of the user.”); and
outputting said sensed health data (FIG. 1-2 and [0024 – 0025]).
Regarding claim 16, Turner discloses The method of claim 15, wherein said at least one sensor comprises an electroencephalogram (EEG) sensor ([0075], “an electroencephalogram (EEG) 432,”).
Regarding claim 17, Turner discloses The method of claim 15, wherein said sensor section comprises a plurality of sensors disposed on said disc, said sensors including at least one of an EEG sensor, a pulse wave sensor, a heart rate sensor, a temperature sensor, and an oxygen sensor ([0075], “a pulse oximeter 418, a temperature sensor 420, or other physiological or biological sensors 422. Further examples of physiological or biological sensors 422 include an alcohol sensor 424, glucose sensor 426, or bilirubin sensor 428. Other examples of physiological or biological sensors 422 included in the wireless earpieces 402 include a blood pressure sensor 430, an electroencephalogram (EEG) 432, an Adenosine Triphosphate (ATP) sensor 434, a lactic acid sensor 436, a hemoglobin sensor 438, a hematocrit sensor 440, or other biological or chemical sensor.”), and
when said listening section is positioned with respect to an ear of a person to enable listening of said audio signal, said at least one of said plurality of sensors is configured for sensing health data associated with said person (FIG. 1-2 and rejections discussed above).
Regarding claim 18, Turner discloses The method of claim 15, further comprising receiving said sensed health data and outputting information indicative of said sensed health data in a visual and/or audible format (FIG. 1-2 and [0024 – 0025]).
Regarding claim 19, Turner discloses The method of claim 15, further comprising controlling at least one of said audio signal, operation of said sensing section, and said visual and/or audible format of said output, by an external controller in wired or wireless communication with said health data monitoring device (FIG. 1-2 and [0024 – 0025]).
Regarding claim 20, Turner discloses The device of claim 1, wherein said disc is a substantially flat and circular structure, and said at least one sensor is mounted on said substantially flat and circular structure (FIG. 1-2, See FIG. 2 showing a sensor section with a disc shaped component outside of the housing, as reference 201 on the top right figure shown. The 201 is flat and circular and has the sensors 204/206 mounted on the flat and circular structure).
Response to Arguments
Applicant's arguments filed September 12, 2025 have been fully considered but they are not persuasive. With respect to the arguments regarding Turner, the arguments are not persuasive. FIG. 2 shows a sensor section with a disc shaped component outside of the housing, as reference 201 on the top right figure shown. The 201 is flat and circular and has the sensors 204/206 mounted on the flat and circular structure. There is a disc outside of the housing and having sensors mounted on the disc. Thus, the arguments are not persuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A TOMBERS whose telephone number is (571)272-6851. The examiner can normally be reached on M-TH 7:00-16:00, F 7:00-11:00(Eastern).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Chen can be reached on 571-272-3672. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.A.T./Examiner, Art Unit 3791
/TSE W CHEN/Supervisory Patent Examiner, Art Unit 3791