DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after 16 March 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10 June 2026 has been entered.
Status of Claims
Claim(s) 21, 24 and 31 is/are currently amended. Claim(s) 1-20, 22, 25-28, 32-33 and 35-38 has/have been canceled. Claim(s) 21, 23-24, 29-31, 34 and 39-41 is/are pending.
Rejections Withdrawn
Rejections under 35 U.S.C. 112(a) (pre-AIA 35 U.S.C. 112, first paragraph) and/or under 35 U.S.C. 112(b) (pre-AIA 35 U.S.C. 112, second paragraph) not reproduced below has/have been withdrawn in view of Applicant's amendments to the claims and/or submitted remarks.
Claim Objections
Claim(s) 29 and 31 objected to because of the following informalities. With respect to claim 29, "the received displayed EEG data" should be amended/corrected to "the displayed EEG data" for consistency with claim 21. With respect to claim 31, "receiving a user input" should be amended/corrected to "receive a user input" for consistency with surrounding limitations.
Appropriate correction is required.
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 pre-AIA 35 U.S.C. 112, 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(s) 21, 23-24, 29-31, 34 and 39-41 is/are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, 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 pre-AIA the applicant regards as the invention.
Regarding claim 21, claim 31 and claims dependent thereon, the limitation "wherein the initial user selected EEG data identifies a portion of the EEG data in the at least one of the separate channels to be subjected to a truncated display" of claim 21 and the comparable limitation of claim 31 is indefinite. It is unclear if the portion of EEG data to be subjected to a truncated display encompasses "at least one of the separate channels" (i.e., a time window of a data for single EEG channel) or a portion of EEG data that includes at least one of the separate channels (i.e., a time window of data for all EEG channels, including at least one channel in which a user selection was made).
Additionally, the limitation "displaying a truncation bar at a first position in the graphical user interface, wherein the truncation bar visually indicates a boundary between the initial user selected EEG data and a region in which the remaining EEG data is hidden from view border" of claim 21 and the comparable limitation of claim 31 are indefinite. It is unclear to what region "a region [in the graphical user interface] in which the remaining EEG data is hidden from view" refers. Specifically, if the EEG is "hidden from view," or not present/visible on the display, it is unclear how it is located on a region of the graphical user interface.
Regarding claims 23-24 and claim 34, the limitation "wherein the truncation bar extends across all of the separate channels displayed in the graphical user interface" of claim 23, the comparable limitation of claim 34 and the limitation "wherein the truncation bar is a vertically configured bar extending across all of the separate channels displayed in the graphical user interface" of claim 24 are indefinite as there is no clear indication that the truncated display, on which the truncation bar is positioned, includes display of "all of the separate channels."
Regarding claim 30 and claim 41, there is insufficient antecedent basis for the limitation "the remaining portion of the EEG data" in the claims. Presuming "the remaining portion of the EEG data" is intended to refer to "the remaining EEG data that is initially hidden from view" in amended claims 21 and 31, the limitation "wherein displaying on the display device the initially user selected EEG data comprises displaying the truncation bar for differentiating between the initially user selected EEG data and the remaining portion of the EEG data" of claim 30 and the comparable limitation of claim 41 are indefinite. It is unclear in what manner the truncation bar differentiates between the initially user selected EEG data and the remaining portion of the EEG data, as the remaining EEG data is expressly recited as being initially hidden.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of pre-AIA 35 U.S.C. 112, first paragraph:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 21, 23-24, 29-31, 34 and 39-41 is/are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 21, claim 31 and claims dependent thereon, the limitation "wherein the initial user selected EEG data identifies a portion of the EEG data in the at least one of the separate channels to be subjected to a truncated display" of claim 21 and the comparable limitation of claim 31 are indefinite, as discussed above. If it is Applicant's intention that any single channel can be subject to a truncated display, the above-noted limitations appear to lack support in the application as filed. Applicant fails to disclose subjecting only a single channel of EEG data (or a selected portion of EEG data) to a truncated display. Rather, all illustrated displays (e.g., Figs. 21-23) of selected or selectable portions (i.e., time windows) of data include all available channel data within said portion.
The limitation "displaying on the display device the initial user selected EEG data in a truncated display in the graphical user interface" of claim 21 and the comparable limitation of claim 31 lack sufficient support in the application as filed. Applicant does not use the term "graphical user interface" in the specification as filed. To the best of the examiner's understanding, "graphical user interface" is being used in the claims in the manner "display screen" is used in the specification as filed. Applicant fails to disclose displaying all received EEG data (i.e., "displaying on a display device the received EEG data in a graphical user interface"), and displaying a truncated display on the same graphical user interface ("displaying on the display device the initial user selected EEG data in a truncated display in the graphical user interface"), or same "display screen."
Additionally, "receiving an initial user selection of at least a portion of the displayed EEG data in at least one of the separate channels, wherein the initial user selected EEG data identifies a portion of the EEG data in the at least one of the separate channels to be subjected to a truncated display…displaying a truncation bar at a first position in the graphical user interface, wherein the truncation bar visually indicates a boundary between the initial user selected EEG data and a region in which the remaining EEG data is hidden from view" of claim 21 and the comparable limitation of claim 31 lack sufficient support in the application as filed. Applicant discloses, "The guidance application may generate for display truncation bar 2302 on region 2300, which indicates the order between two selected portions" (¶ [0098]). Accordingly, Applicant discloses the truncation bar visually indicates a boundary between two user-selected portions of EEG data. Applicant fails to disclose displaying a truncation bar when only a single portion of EEG data is selected for display, which is encompassed by the present claims, and further fails to disclose a displayed truncation bar visually indicates a boundary between the initial user selected EEG data and "a region in which the remaining EEG data is hidden from view" as recited in each of claims 21 and 31.
To the best of the examiner's understanding of Applicant's originally-filed disclosure, Applicant discloses, when at least two selections of non-contiguous portions of EEG data are selected, said portions may be displayed together, i.e., in a "truncated display," with the EEG data between said portions truncated, or hidden from view, and with a truncation bar displayed between the two selected portions. Applicant discloses this initial, truncated display may be modified by a user selectively moving (sliding) the truncation bar horizontally to reveal the initially-unselected or truncated EEG data, e.g., EEG data collected at a time between the two non-contiguous, selected portions to "intuitively explore" said initially-unselected data (¶¶ [0097]-[0098]). The examiner notes amendments commensurate in scope with the above understanding would overcome at least the rejections of the independent claims under 35 U.S.C. 112(a) and under 35 U.S.C. 112(b). For example, with respect to claim 21, within the scope of:
A method for displaying selected electroencephalography ("EEG") data, the method comprising:
receiving EEG data comprising a plurality of EEG channels, wherein each of the EEG channels is associated with specific EEG electrodes;
displaying, on a display device, each channel of the received EEG data in a first graphical user interface;
receiving an initial user selection of two or more non-contiguous portions of the displayed EEG data, wherein the initial user selected EEG data identifies portions of the EEG data to be subjected to a truncated display;
displaying, on the display device, each EEG channel of the selected two or more non-contiguous portions of the received EEG data in a truncated display in a second graphical user interface, wherein EEG data not included in the initial user selection constitutes remaining EEG data that is initially hidden from view in the truncated display, the truncated display comprising a truncation bar at a first position in the second graphical user interface, the truncation bar visually indicating a boundary between displayed portions of the selected two or more non-contiguous portions of the received EEG data;
receiving a user input for sliding the truncation bar horizontally on the display device, wherein said sliding causes the truncation bar to move to a second position in the second graphical user interface that is different than the first position; and
in response to said movement of the truncation bar to the second position, adjusting the truncated display of EEG data to reveal, at the truncation bar boundary, at least a portion of the remaining EEG data that was initially hidden from view while modifying the amount of at least one of the selected portions visible in the second graphical user interface.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
With respect to limitation "21-C," Applicant contends support for said limitation can be found in paragraphs [0094]-[0097] (Remarks, pgs. 9-10).
The examiner respectfully disagrees the entire limitation is supported by these either the cited paragraphs or the remainder of the specification as filed, particularly the "wherein the initial user selected EEG data identifies a portion of the EEG data in the at least one of the separate channels to be subjected to a truncated display" portion thereof. As noted above, said limitation is unclear. However, if it is Applicant's intention that a portion of a single EEG channel is selected and/or subjected to a truncated display, the application as filed does not provide support for such a limitation. Rather, as noted above, the disclosed selected or selectable portions are illustrated as a time interval of all EEG channel data available (e.g., Figs. 22-24).
With respect to limitation "21-D," Applicant contends support for said limitation can be found in paragraph [0097] (Remarks, pgs. 9-10).
The examiner respectfully disagrees. Neither paragraph [0097] nor the remainder of the application as filed provides sufficient support for displaying all received EEG data and displaying a truncated display on the same "graphical user interface," which, as discussed above, is understood to be interchangeable with "display screen" as used in the specification as filed. For example, Applicant discloses a display screen in which a user may define a "selectable portion" (e.g., Fig. 19) is a different "display screen" than the truncated display (e.g., Fig. 23) (e.g., ¶¶ [0038]-[0041]).
Lastly, Applicant submits support for limitation "21-E" is in paragraphs [0097]-[0098] (Remarks, pg. 11).
The examiner respectfully disagrees. First, the limitation "a region in which the remaining EEG data is hidden from view" is indefinite, as discussed above. Secondly, as acknowledged by Applicant, paragraph [0097] states, "The guidance application may generate for display truncation bar 2302 on region 2300, which indicates the order between two selected portions" (emphasis added). Accordingly, Applicant discloses the truncation bar visually indicates a boundary between two user-selected portions of EEG data. Applicant fails to disclose displaying a truncation bar when only a single portion of EEG data is selected for display, and further fails to disclose the truncation bar visually indicates a boundary between the initial user selected EEG data and "a region in which the remaining EEG data is hidden from view" as recited in each of claims 21 and 31.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Meredith Weare whose telephone number is 571-270-3957. The examiner can normally be reached Monday - Friday, 9 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Tse 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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/Meredith Weare/Primary Examiner, Art Unit 3791
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