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 .
DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114 was filed in this application after appeal to the Patent Trial and Appeal Board, but prior to a decision on the appeal. 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examination under 37 CFR 1.114 and the fee set forth in 37 CFR 1.17(e) has been timely paid, the appeal has been withdrawn pursuant to 37 CFR 1.114 and prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant’s submission filed on 4/2/2026 has been entered. Claims 1-3,6,10-13, 18, 21-24, 26-27 and 30-31 are currently pending and under examination.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: Independent claims 1,21 and 31 have been amended to recite “a first transmissive section”, “a second transmissive section” and “an opaque section” the specification should be amended to provide proper and clear antecedent basis for claim terminology now recited within the amended claim language so that the meaning of the terms in the claims may be ascertained by reference to the description, see MPEP § 608.01(o).
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.
Claims 11,21 and 31 are 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. Claims 11, 21 and 31 recite “wherein the light blocking surfaces of the first light guide and the second light guide each comprise an opaque boundary or divider configured to reduce optical cross-talk between the optical source and the optical detector.” It is unclear whether the claimed opaque boundary or divider configured to reduce optical cross-talk between the optical source and the optical detector is the same or different from the opaque section separating the first transmissive section from the second transmissive section now recited in independent claims 1, 12 and 22, clarification is required. The specification discloses an opaque boundary or divider 36, see Figs. 9A-9B, but does not provide whether the opaque boundary or divider is the same or different from the opaque section as now recited in independent claims 1, 12 and 22. For the purposes of examination the claims have been interpreted as best understood to include opaque elements that are different features.
Claim Rejections - 35 USC § 103
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) 1-3,6, 11-13,18,21-24,26-27 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2015/0119657 to LeBoeuf et al. (LeBoeuf) (previously cited) in view of US 2015/0031967 to LeBeouf et al. (LeBeouf ‘967).
In reference to at least claim 1
LeBoeuf discloses a sensor head assembly, comprising: a body member comprising an inlet port and an exit port at opposite ends thereof (e.g. a head set 10 includes a body comprising housing 16, Figs. 1, 4a-4c, 35 respectively, housing 16 and base 50 include aperture 34a which includes an inlet port and exit port, Figs. 1, 4a, 4c, 4d, para. [0134], [0137], [0153]), and an internal passage extending between the inlet port and the exit port (e.g. the body formed by the housing 16 form an internal passageway between the inlet and exit openings 34, Figs. 1, 4a, 4c, 4d, 35 para. [0134], [0137], [0151], [0153]),
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wherein the body member is configured to be positioned within an ear canal of a subject (e.g. the body is placed within the ear canal of a subject, Figs. 1,4a,4c, 35 para. [0137], [0153]); an ear gel attached to the body member (e.g. the head set 10 includes cover 18 “ear gel” that is attached to the body, where the cover 18 includes light guiding region 19 that may be made of gel; figures 1, 3, 29, para. [0148], [0229]) and comprising opposite inner and outer surfaces (e.g. cover 18 includes inner 18a and outer surfaces 18b and the cover is made of an optically transparent material, Figs. 3, 4B, para. [0141], [0146], [0150]), wherein the ear gel is configured to be inserted within the ear canal of the subject (e.g. earbud within an ear canal of a subject, Figs. 4B-4D, para. [0142]-[0143], [0152]-[0153]); an optical source secured to the body member at a first location (e.g. an optical emitter 24 secured to the base 50 of the body at a first location, Figs. 1,4a,4c, 35 para. [0134],[0145]); and an optical detector secured to the body member at a second location different from the first location (e.g. an optical detector 26 secured to the base 50 of the body at a separate second location, Figs. 1,4a, 4c, 35 para. [0134], [0145]); a first light guide comprising a first end optically coupled to the light source (e.g. the end of the first light-guiding region 19 or light guides 119 is optically coupled to the optical emitter 24, Figs. 4B-4D, 35 para. [0139], [0145]-[0146], [0148]-[0149]) a second end optically coupled to a region of the ear gel (e.g. light guiding region 19 may include a first light guide or light guides 119 having ends, where an end is secured to a surface of the cover 18, Figs. 1,4a, 4c, para. [0134], [0145], light guiding region of the light guide 18, para. [0146], [0150], light guides 119 in the earbud housing cover 18, para. [0234]); and a light blocking surface surrounding the first light guide and configured to optically isolate emitted light within the first light guide (e.g. light guide may be surrounded by or partially surrounded by a cladding material 21/121 that is configured to at least partially confine light within the light guide and/or block light, para. [0054], [0060], [0150], [0223]), and a second light guide comprising a first end optically coupled to the optical detector (e.g. an end of the second light guiding region 19 or light guides 119 are optically coupled to the optical detector 26, Figs. 4B-4D, para. [0145]-[0146], [0148]-[0149], [0234]); a second end optically coupled to a region of the ear gel, the second region located at a different region of the of the ear gel from the first region (e.g. light guiding region 19 may include a second light guide or second light guides 119 having ends, where an end is secured to a surface of the cover 18, Figs. 1,4a, 4c, 35 para. [0134], [0145], light guiding region of the light guide 18, para. [0146], [0150]; light guides 119 in the earbud housing cover 18, para. [0234]); and a light blocking surface surrounding the second light guide and configured to optically isolate received light within the second light guide (e.g. light guide may be surrounded by or partially surrounded by a cladding material 21/121 that is configured to at least partially confine light within the light guide and/or block light, para. [0060], [0063], [0146], [0150], [0223]), The embodiments shown with Figs. 1,4a-4d and 35 teach the “light guides” of the instant invention since both recite light guiding regions 19 “light guides” within the cover 18, Figs. 1,4a-4d, and light guides 119 within the cover 18, Fig. 35 that are coupled to the optical emitter 24 and optical detectors 26 to transmit or receive light from the subject.
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LeBeouf discloses embodiments in which an end of the light guides is flush with an end surface of the cover 18 “ear gel” (e.g. para. [0236]) and other embodiments in which the ends of the light guides are recessed (e.g. para. [0215], [0219]) in order to narrow the field of view of or improve the comfort of the head set (e.g. para. [0219]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the light guides provided within the cover 18 “ear gel” to include being recessed within the cover such that a second end of the light guide(s) is optically coupled to a region of the inner surface of the ear gel such that light transmitted or returned from the subject is configured to pass through a region of the ear gel in order to provide an arrangement that narrows the field of view of or improves the comfort of the head set (e.g. para. [0219]).
Regarding the ear gel comprising a first transmissive section, a second transmissive section; and an opaque section separating the first transmissive section from the second transmissive section, the first light guide coupled to an inner surface of the ear gel at the first transmissive section wherein light transmitted by the optical source is configured to pass through the first transmissive section of the ear gel and into the subject; a second end of the second light guide optically coupled to a second region of the inner surface of the ear gel at the second transmissive section, wherein light returned from the subject is configured to pass through the second transmissive section of the ear gel and into the second light guide. LeBeouf ‘967 discloses a sensor assembly that includes an earbud tip (e.g. 1601) that includes two separate materials including a first transmissive section (e.g. first and second transmissive portions one associated with the emitter and the other associated with the detector, Figs. 16B, 17, ”the earbud tip 1601 may be molded from two (or more) separate materials (plastic, rubber, silicone, and the like) separated by: 1) an opaque material (plastic, rubber, silicone, paint, and the like) or 2) at least one interface between the two (or more) separate materials., para. [0137]), a second transmissive section (e.g. first and second transmissive portions one associated with the emitter and the other associated with the detector, Figs. 16B, 17, ”the earbud tip 1601 may be molded from two (or more) separate materials (plastic, rubber, silicone, and the like) separated by: 1) an opaque material (plastic, rubber, silicone, paint, and the like) or 2) at least one interface between the two (or more) separate materials., para. [0137]); and an opaque section separating the first transmissive section from the second transmissive section (e.g. optical barrier between the sections, Figs. 16B, 17, ” separated by: 1) an opaque material (plastic, rubber, silicone, paint, and the like) or 2) at least one interface between the two (or more) separate materials., para. [0137]), the first light guide coupled to an inner surface of the ear gel at the first transmissive section wherein light transmitted by the optical source is configured to pass through the first transmissive section of the ear gel and into the subject (e.g. first and second transmissive portions one associated with the emitter and the other associated with the detector located on the earbud face 1605 such that light transmitted by the optical source is configured to pass through the first transmissive section of the ear gel and into the subject, Figs. 16B, 17, “ in some embodiments of the present invention, emitter(s) and detector(s) may both be positioned in the earbud face 1605 region to direct light towards the earbud tip 1601.”, para. [0137]); a second end of the second light guide optically coupled to a second region of the inner surface of the ear gel at the second transmissive section, wherein light returned from the subject is configured to pass through the second transmissive section of the ear gel and into the second light guide (e.g. first and second transmissive portions one associated with the emitter and the other associated with the detector located on the earbud face 1605 such that light returned from the subject is configured to pass through the second transmissive section of the ear gel and into the second light guide, Figs. 16B, 17, “ in some embodiments of the present invention, emitter(s) and detector(s) may both be positioned in the earbud face 1605 region to direct light towards the earbud tip 1601.”, para. [0137]). LeBeouf ‘967 also discloses embodiments that provide an optically transparent material that is soft such as silicone over the lenses 715 (e.g. Figs. 9A-9B, 11, “For example, the lenses 715 of FIG. 9 may be comprised of optically transparent material that is also soft, such as silicone or transparent plastic, polymer, rubber, or the like. In another embodiment, a second layer of soft, yet transparent, material may cover the lenses 715.”, para. [0129]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of LeBoeuf to include the ear gel cover being an earbud tip with a first transmissive section, a second transmissive section and an opaque section separating the first transmissive section from the second transmissive section and placing the earbud tip as a cover over earbud faces of a headset that includes the light guides such that the first light guide is coupled to an inner surface of the ear gel at the first transmissive section wherein light transmitted by the optical source is configured to pass through the first transmissive section of the ear gel and into the subject and a second end of the second light guide optically coupled to a second region of the inner surface of the ear gel at the second transmissive section, wherein light returned from the subject is configured to pass through the second transmissive section of the ear gel and into the second light guide, as taught by LeBeouf ‘967, in order to provide a material that deforms when inserted providing comfort to the user and facilities retention of the earbud within an ear (‘967, para. [0029]).
In reference to at least claim 2
LeBeouf modified by LeBoeuf ‘967 renders obvious an assembly according to claim 1. LeBoeuf further discloses wherein the first and second locations are circumferentially spaced apart from each other (e.g. the first and second locations are spaced apart on opposite ends of the annular cover 18, Figs. 1,4a,4c, para. [0134], [0151], [0153]). LeBoeuf ‘967 further discloses wherein the first and second locations are circumferentially spaced apart from each other (e.g. spaced apart from one another, Figs. 9A-9B).
In reference to at least claim 3
LeBeouf modified by LeBoeuf ‘967 renders obvious an assembly according to claim 1. LeBoeuf further discloses the light guides 119 within Fig. 35 being adjacent to each other and are disclosed as being coupled to a respective one of the optical emitter 24 and optical detectors 26, therefore the optical source at the first location and optical detector at second location would be adjacent to each other (Fig. 35, para. [0234]). Alternatively, LeBoeuf further discloses within the embodiment of Fig. 8A the first and second locations being adjacent each other (e.g. optical emitters 24 and detectors 26 are placed adjacent to each other as shown, Figs. 8A-8D, para. [0166]-[0167]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of LeBeouf to rearrange the optical emitters of Fig. 4 to include wherein the first and second locations are adjacent each, i.e. the optical emitters being next to each other as shown within the embodiment of Fig. 8A, to reduce the risk of the inspection light 111 from interrogating and saturating the optical detectors (e.g. Fig. 8A, para. [0167]). LeBoeuf ‘967 further discloses wherein the first and second locations are adjacent (e.g. being adjacent, Fig. 11,17; “In one embodiment, multiple earbud tip parts may be employed to direct light from multiple separate emitters and/or multiple separate detectors located along the earbud housing 1901.”, para. [0137])
In reference to at least claim 6
LeBeouf modified by LeBoeuf ‘967 renders obvious an assembly according to claim 1. LeBoeuf further discloses the sensor head assembly further comprises: an audio driver secured to the body member, wherein the audio driver is in acoustic communication with the internal passage of the body member ( e.g. speaker 22 “audio driver” can be secured to the base 50 of the body and where the speaker can emit acoustic energy 44 through the passageway as shown, Figs. 4a,4c, para. [0134], [0138]).
In reference to at least claim 11
LeBeouf modified by LeBoeuf ‘967 renders obvious an assembly according to claim 1. LeBoeuf further discloses wherein the light blocking surfaces comprise an opaque boundary or divider configured to reduce optical cross- talk between the optical source and the optical detector (e.g. light guide may be surrounded by or partially surrounded by a cladding material 21/121 that is configured to at least partially confine light within the light guide and/or block light, para. [0060], [0063], [0146], [0150], [0223]).
In reference to at least claim 12
LeBoeuf discloses a sensor head assembly, comprising: a body member comprising an inlet port and an exit port at opposite ends thereof (e.g. a head set 10 includes a body comprising housing 16, Figs. 1, 4a-4c, 35 respectively, housing 16 and base 50 include aperture 34a which includes an inlet port and exit port, Figs. 1, 4a, 4c, 4d, para. [0134], [0137], [0153]), and an internal passage extending between the inlet port and the exit port (e.g. the body formed by the housing 16 form an internal passageway between the inlet and exit openings 34, Figs. 1,3,4a,4c, para. [0134], [0137], [0151], [0153]), wherein the body member is configured to be positioned within an ear canal of a subject (e.g. the body is placed within the ear canal of a subject, Figs. 1,4a,4c, para. [0137], [0142]-[0143], [0152]-[0153]) an audio driver secured to the body member, wherein the audio driver is in acoustic communication with the internal passage of the body member (e.g. speaker 22 “audio driver” can be secured to the base 50 of the body and where the speaker can emit acoustic energy 44 through the passageway, Figs. 4a, 4c, para. [0134], [0152], [0198]-[0199]); an annular member surrounding at least a portion of the audio driver (e.g. an annular portion of housing 16 and base 50 surrounds the speaker 22, Figs. 1, 4a,4c, para. [0134], [0139], [0151], [0153]); an optical source secured to the annular member at a first location (e.g. optical emitter 24 secured to base 50 at a first location, Figs. 1,4a,4c, para. [0134], [0145], [0151]); an optical detector secured to the annular member at a second location different from the first location (e.g. optical detector 26 secured to base 50 at a separate second location, Figs. 1,4a,4c, para. [0134], [0145]); an ear gel attached to the body member (e.g. the head set 10 includes cover 18 “ear gel” that is attached to the body, where the cover 18 includes light guiding region 19 that may be made of gel; figures 1, 3, 29, para. [0148], [0229]) and comprising opposite inner and outer surfaces (e.g. cover 18 includes inner 18a and outer surfaces 18b and the cover is made of an optically transparent material, Figs. 3, 4B, para. [0141], [0146], [0150]); a first light guide comprising a first end optically coupled to the light source (e.g. the end of the first light-guiding region 19 or light guides 119 is optically coupled to the optical emitter 24, Figs. 4B-4D, 35 para. [0145]-[0146], [0148]-[0149], [0234]) a second end optically coupled to a surface of the ear gel (e.g. light guiding region 19 may include a first light guide or light guides 119 having ends, where an end is secured to a surface of the cover 18, Figs. 1,4a, 4c, para. [0134], [0145], [0234] light guiding region of the light guide 18, para. [0146], [0150], light guides 119 in the earbud housing cover 18, para. [0234]);and a light blocking surface surrounding the first light guide and configured to optically isolate emitted light within the first light guide (e.g. light guide may be surrounded by or partially surrounded by a cladding material 21/121 that is configured to at least partially confine light within the light guide and/or block light, para. [0060], [0063], [0146], [0150], [0223]); and a second light guide comprising a first end optically coupled to the optical detector (e.g. an end of the second light guiding region 19 or light guides 119 are optically coupled to the optical detector 26, Figs. 4B-4D, para. [0145]-[0146], [0148]-[0149], [0234]); a second end optically coupled to a surface of the ear gel (e.g. light guiding region 19 may include a second light guide or second light guides 119 having ends, where an end is secured to a surface of the cover 18, Figs. 1,4a, 4c, 35 para. [0134], [0145], [0234] light guiding region of the light guide 18, para. [0146], [0150]; light guides 119 in the earbud housing cover 18, para. [0234]); and a light blocking surface surrounding the second light guide and configured to optically isolate received light within the second light guide (e.g. light guide may be surrounded by or partially surrounded by a cladding material 21/121 that is configured to at least partially confine light within the light guide and/or block light, para. [0060], [0063], [0146], [0150], [0234]). The embodiments shown with Figs. 1,4a-4d and 35 teach the “light guides” of the instant invention since both recite light guiding regions 19 “light guides” within the cover 18, Figs. 1,4a-4d, and light guides 119 within the cover 18, Fig. 35 that are coupled to the optical emitter 24 and optical detectors 26 to transmit or receive light from the subject.
LeBeouf discloses embodiments in which an end of the light guides is flush with an end surface of the cover (e.g. para. [0236]) and other embodiments in which the ends of the light guides are recessed (e.g. para. [0215], [0219]) in order to narrow the field of view of or improve the comfort of the head set (e.g. para. [0219]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the light guides provided within the cover “ear gel” to include being recessed within the cover such that a second end of the light guide(s) is optically coupled to a region of the inner surface of the ear gel such that light transmitted or returned from the subject is configured to pass through the region of the ear gel in order to provide an arrangement that narrows the field of view of or improves the comfort of the head set (e.g. para. [0219]).
Regarding the ear gel comprising a first transmissive section, a second transmissive section; and an opaque section separating the first transmissive section from the second transmissive section, the first light guide coupled to an inner surface of the ear gel at the first transmissive section wherein light transmitted by the optical source is configured to pass through the first transmissive section of the ear gel and into the subject; a second end of the second light guide optically coupled to a second region of the inner surface of the ear gel at the second transmissive section, wherein light returned from the subject is configured to pass through the second transmissive section of the ear gel and into the second light guide. LeBeouf ‘967 discloses a sensor assembly that includes an earbud tip (e.g. 1601) that includes two separate materials including a first transmissive section (e.g. first and second transmissive portions one associated with the emitter and the other associated with the detector, Figs. 16B, 17, ”the earbud tip 1601 may be molded from two (or more) separate materials (plastic, rubber, silicone, and the like) separated by: 1) an opaque material (plastic, rubber, silicone, paint, and the like) or 2) at least one interface between the two (or more) separate materials., para. [0137]), a second transmissive section (e.g. first and second transmissive portions one associated with the emitter and the other associated with the detector, Figs. 16B, 17, ”the earbud tip 1601 may be molded from two (or more) separate materials (plastic, rubber, silicone, and the like) separated by: 1) an opaque material (plastic, rubber, silicone, paint, and the like) or 2) at least one interface between the two (or more) separate materials., para. [0137]); and an opaque section separating the first transmissive section from the second transmissive section (e.g. optical barrier between the sections, Figs. 16B, 17, ” separated by: 1) an opaque material (plastic, rubber, silicone, paint, and the like) or 2) at least one interface between the two (or more) separate materials., para. [0137]), the first light guide coupled to an inner surface of the ear gel at the first transmissive section wherein light transmitted by the optical source is configured to pass through the first transmissive section of the ear gel and into the subject (e.g. first and second transmissive portions one associated with the emitter and the other associated with the detector located on the earbud face 1605 such that light transmitted by the optical source is configured to pass through the first transmissive section of the ear gel and into the subject, Figs. 16B, 17, “ in some embodiments of the present invention, emitter(s) and detector(s) may both be positioned in the earbud face 1605 region to direct light towards the earbud tip 1601.”, para. [0137]); a second end of the second light guide optically coupled to a second region of the inner surface of the ear gel at the second transmissive section, wherein light returned from the subject is configured to pass through the second transmissive section of the ear gel and into the second light guide (e.g. first and second transmissive portions one associated with the emitter and the other associated with the detector located on the earbud face 1605 such that light returned from the subject is configured to pass through the second transmissive section of the ear gel and into the second light guide, Figs. 16B, 17, “ in some embodiments of the present invention, emitter(s) and detector(s) may both be positioned in the earbud face 1605 region to direct light towards the earbud tip 1601.”, para. [0137]). LeBeouf ‘967 also discloses embodiments that provide an optically transparent material that is soft such as silicone over the lenses 715 (e.g. Figs. 9A-9B, 11, “For example, the lenses 715 of FIG. 9 may be comprised of optically transparent material that is also soft, such as silicone or transparent plastic, polymer, rubber, or the like. In another embodiment, a second layer of soft, yet transparent, material may cover the lenses 715.”, para. [0129]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of LeBoeuf to include the ear gel cover being an earbud tip with a first transmissive section, a second transmissive section and an opaque section separating the first transmissive section from the second transmissive section and placing the earbud tip as a cover over earbud faces of a headset that includes the light guides such that the first light guide is coupled to an inner surface of the ear gel at the first transmissive section wherein light transmitted by the optical source is configured to pass through the first transmissive section of the ear gel and into the subject and a second end of the second light guide optically coupled to a second region of the inner surface of the ear gel at the second transmissive section, wherein light returned from the subject is configured to pass through the second transmissive section of the ear gel and into the second light guide, as taught by LeBeouf ‘967, in order to provide a material that deforms when inserted providing comfort to the user and facilities retention of the earbud within an ear (‘967, para. [0029]).
In reference to at least claim 13
LeBeouf modified by LeBoeuf ‘967 renders obvious an assembly according to claim 12. LeBoeuf further discloses wherein the audio driver comprises a sound outlet tube (e.g. speaker 22 is coupled to the housing 16, where the housing 16 forms a sound outlet tube, Figs. 4a,4c, para. [0151], [0153]), and wherein the sound outlet tube is secured within the internal passage of the body member via the inlet port (e.g. housing 16 is secured within the internal passage of the body via the inlet opening 34a, Figs. 1,4a, 4c, para. [0134], [0151], [0153]).
In reference to at least claim 18
LeBeouf modified by LeBoeuf ‘967 renders obvious an assembly according to claim 12. LeBoeuf further discloses wherein at least a portion of the audio driver, annular member, flexible printed circuit, optical source and optical detector are encapsulated within a hydrophobic material (e.g. speaker 22, annular area, the flexible circuit board 32, the optical emitter 24, the optical detector 26 are contained within a silicone material, Figs. 4a, 5, para. [0134], [0141], [0154], [0168]).
In reference to at least claim 21
LeBeouf modified by LeBoeuf ‘967 renders obvious an assembly according to claim 12. LeBoeuf further discloses wherein the light blocking surface comprise an opaque boundary or divider configured to reduce optical cross- talk between the optical source and the optical detector (e.g. light guide may be surrounded by or partially surrounded by a cladding material 21/121 that is configured to at least partially confine light within the light guide and/or block light, para. [0060], [0063], [0146], [0150], [0223]).
In reference to at least claim 22
LeBoeuf discloses a sensor head assembly, comprising: a body member comprising an inlet port and an exit port at opposite ends thereof (e.g. a head set 10 includes a body comprising housing 16, Figs. 1, 4a-4c, 35 respectively, housing 16 and base 50 include aperture 34a which includes an inlet port and exit port, Figs. 1, 4a, 4c, 4d, para. [0134], [0137], [0153]) and an internal passage extending between the inlet port and the exit port (e.g. the body formed by the housing 16 form an internal passageway between the inlet and exit openings 34, Figs. 1,3,4a,4c, para. [0134], [0137], [0151], [0153]), wherein the body member is configured to be positioned within an ear canal of a subject (e.g. the body is placed within the ear canal of a subject, Figs. 1,4a,4c, para. [0137], [0153]) an audio driver secured to the body member, wherein the audio driver is in acoustic communication with the internal passage of the body member (e.g. speaker 22 “audio driver” can be secured to the base 50 of the body and where the speaker can emit acoustic energy 44 through the passageway, Figs. 4a, 4c, para. [0134], [0152], [0198]-[0199]); a flexible printed circuit secured to the audio driver (e.g. circuit board 32 may be a flexible printed circuit board and may be connected to the speaker 22, Figs. 4a,4C, para. [0134], [0165]); an optical source secured to an annular member at a first location on the flexible printed circuit (e.g. optical emitter 24 secured to an annular portion of circuit board 32 at a first location, Figs. 1,4a,4c, para. [0134], [0145]); an optical detector secured to the annular member at a second location on the flexible printed circuit board different from the first location (e.g. optical detector 26 secured to the annular portion of circuit board 32 at a separate second location, Figs. 1,4a,4c, para. [0134], [0145]); an ear gel attached to the body member (e.g. the head set 10 includes cover 18 “ear gel” that is attached to the body, where the cover 18 includes light guiding region 19 that may be made of gel; figures 1, 3, 29, para. [0148], [0229]) and comprising opposite inner and outer surfaces (e.g. cover 18 includes inner 18a and outer surfaces 18b and the cover is made of an optically transparent material, Figs. 3, 4B, para. [0141], [0146], [0150]); a first light guide comprising a first end optically coupled to the light source (e.g. the end of the first light-guiding region 19 or light guides 119 is optically coupled to the optical emitter 24, Figs. 4B-4D, 35 para. [0145]-[0146], [0148]-[0149], [0234]) a second end optically coupled to a surface of the ear gel (e.g. light guiding region 19 may include a first light guide or light guides 119 having ends, where an end is secured to a surface of the cover 18, Figs. 1,4a, 4c, para. [0134], [0145], [0234] light guiding region of the light guide 18, para. [0146], [0150], light guides 119 in the earbud housing cover 18, para. [0234]);and a light blocking surface surrounding the first light guide and configured to optically isolate emitted light within the first light guide (e.g. light guide may be surrounded by or partially surrounded by a cladding material 21/121 that is configured to at least partially confine light within the light guide and/or block light, para. [0060], [0063], [0146], [0150], [0223]), and a second light guide comprising a first end optically coupled to the optical detector (e.g. an end of the second light guiding region 19 or light guides 119 are optically coupled to the optical detector 26, Figs. 4B-4D, para. [0145]-[0146], [0148]-[0149], [0234]); a second end optically coupled to a surface of the ear gel (e.g. light guiding region 19 may include a second light guide or second light guides 119 having ends, where an end is secured to a surface of the cover 18, Figs. 1,4a, 4c, 35 para. [0134], [0145], [0234] light guiding region of the light guide 18, para. [0146], [0150]; light guides 119 in the earbud housing cover 18, para. [0234]); and a light blocking surface surrounding the second light guide and configured to optically isolate received light within the second light guide (e.g. light guide may be surrounded by or partially surrounded by a cladding material 21/121 that is configured to at least partially confine light within the light guide and/or block light, para. [0060], [0063], [0146], [0150], [0234]), The embodiments shown with Figs. 1,4a-4d and 35 teach the “light guides” of the instant invention since both recite light guiding regions 19 “light guides” within the cover 18, Figs. 1,4a-4d, and light guides 119 within the cover 18, Fig. 35 that are coupled to the optical emitter 24 and optical detectors 26 to transmit or receive light from the subject.
LeBeouf discloses embodiments in which an end of the light guides is flush with an end surface of the cover (e.g. para. [0236]) and other embodiments in which the ends of the light guides are recessed (e.g. para. [0215], [0219]) in order to narrow the field of view of or improve the comfort of the head set (e.g. para. [0219]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the light guides provided within the cover “ear gel” to include being recessed within the cover such that a second end of the light guide(s) is optically coupled to a region of the inner surface of the ear gel such that light transmitted or returned from the subject is configured to pass through the region of the ear gel in order to provide an arrangement that narrows the field of view of or improves the comfort of the head set (e.g. para. [0219]).
Regarding the ear gel comprising a first transmissive section, a second transmissive section; and an opaque section separating the first transmissive section from the second transmissive section, the first light guide coupled to an inner surface of the ear gel at the first transmissive section wherein light transmitted by the optical source is configured to pass through the first transmissive section of the ear gel and into the subject; a second end of the second light guide optically coupled to a second region of the inner surface of the ear gel at the second transmissive section, wherein light returned from the subject is configured to pass through the second transmissive section of the ear gel and into the second light guide. LeBeouf ‘967 discloses a sensor assembly that includes an earbud tip (e.g. 1601) that includes two separate materials including a first transmissive section (e.g. first and second transmissive portions one associated with the emitter and the other associated with the detector, Figs. 16B, 17, ”the earbud tip 1601 may be molded from two (or more) separate materials (plastic, rubber, silicone, and the like) separated by: 1) an opaque material (plastic, rubber, silicone, paint, and the like) or 2) at least one interface between the two (or more) separate materials., para. [0137]), a second transmissive section (e.g. first and second transmissive portions one associated with the emitter and the other associated with the detector, Figs. 16B, 17, ”the earbud tip 1601 may be molded from two (or more) separate materials (plastic, rubber, silicone, and the like) separated by: 1) an opaque material (plastic, rubber, silicone, paint, and the like) or 2) at least one interface between the two (or more) separate materials., para. [0137]); and an opaque section separating the first transmissive section from the second transmissive section (e.g. optical barrier between the sections, Figs. 16B, 17, ” separated by: 1) an opaque material (plastic, rubber, silicone, paint, and the like) or 2) at least one interface between the two (or more) separate materials., para. [0137]), the first light guide coupled to an inner surface of the ear gel at the first transmissive section wherein light transmitted by the optical source is configured to pass through the first transmissive section of the ear gel and into the subject (e.g. first and second transmissive portions one associated with the emitter and the other associated with the detector located on the earbud face 1605 such that light transmitted by the optical source is configured to pass through the first transmissive section of the ear gel and into the subject, Figs. 16B, 17, “ in some embodiments of the present invention, emitter(s) and detector(s) may both be positioned in the earbud face 1605 region to direct light towards the earbud tip 1601.”, para. [0137]); a second end of the second light guide optically coupled to a second region of the inner surface of the ear gel at the second transmissive section, wherein light returned from the subject is configured to pass through the second transmissive section of the ear gel and into the second light guide (e.g. first and second transmissive portions one associated with the emitter and the other associated with the detector located on the earbud face 1605 such that light returned from the subject is configured to pass through the second transmissive section of the ear gel and into the second light guide, Figs. 16B, 17, “ in some embodiments of the present invention, emitter(s) and detector(s) may both be positioned in the earbud face 1605 region to direct light towards the earbud tip 1601.”, para. [0137]). LeBeouf ‘967 also discloses embodiments that provide an optically transparent material that is soft such as silicone over the lenses 715 (e.g. Figs. 9A-9B, 11, “For example, the lenses 715 of FIG. 9 may be comprised of optically transparent material that is also soft, such as silicone or transparent plastic, polymer, rubber, or the like. In another embodiment, a second layer of soft, yet transparent, material may cover the lenses 715.”, para. [0129]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of LeBoeuf to include the ear gel cover being an earbud tip with a first transmissive section, a second transmissive section and an opaque section separating the first transmissive section from the second transmissive section and placing the earbud tip as a cover over earbud faces of a headset that includes the light guides such that the first light guide is coupled to an inner surface of the ear gel at the first transmissive section wherein light transmitted by the optical source is configured to pass through the first transmissive section of the ear gel and into the subject and a second end of the second light guide optically coupled to a second region of the inner surface of the ear gel at the second transmissive section, wherein light returned from the subject is configured to pass through the second transmissive section of the ear gel and into the second light guide, as taught by LeBeouf ‘967, in order to provide a material that deforms when inserted providing comfort to the user and facilities retention of the earbud within an ear (‘967, para. [0029]).
In reference to at least claim 23
LeBeouf modified by LeBoeuf ‘967 renders obvious an assembly according to claim 22. LeBoeuf further discloses wherein the audio driver comprises a sound outlet tube (e.g. speaker 22 is coupled to the housing 16, where the housing 16 forms a sound outlet tube, Figs. 4a,4c, para. [0151], [0153]), and wherein the sound outlet tube is secured within the internal passage of the body member via the inlet port (e.g. housing 16 is secured within the internal passage of the body via the inlet opening 34a, Figs. 1,4a, 4c, para. [0134], [0151], [0153]).
In reference to at least claim 24
LeBeouf modified by LeBoeuf ‘967 renders obvious an assembly according to claim 22. LeBoeuf further discloses wherein the first and second locations are circumferentially spaced apart from each other (e.g. the first and second locations are spaced apart on opposite ends of the annular cover 18, Figs. 1,4a,4c, para. [0134], [0151], [0153]). LeBoeuf ‘967 further discloses wherein the first and second locations are circumferentially spaced apart from each other (e.g. spaced apart from one another, Figs. 9A-9B).
In reference to at least claim 26
LeBeouf modified by LeBoeuf ‘967 renders obvious an assembly according to claim 22. LeBoeuf further discloses wherein the internal passage extends along a longitudinal centerline of the body member (e.g. the passageway extends along a longitudinal center line of the body, Figs. 4a,4c, para. [0151], [0153]).
In reference to at least claim 27
LeBeouf modified by LeBoeuf ‘967 renders obvious an assembly according to claim 22. LeBoeuf further discloses wherein at least a portion of the internal passage extends along a non-centerline portion of the body member (e.g. the internal passage may extend along light guiding regions 19 “non-centerline portion” that are offset from the centerline of the body, Figs. 4a,4c, para. [0139], [0151], [0153]).
In reference to at least claim 31
LeBeouf modified by LeBoeuf ‘967 renders obvious an assembly according to claim 22. LeBoeuf further discloses wherein the light blocking surface comprise an opaque boundary or divider configured to reduce optical cross- talk between the optical source and the optical detector (e.g. light guide may be surrounded by or partially surrounded by a cladding material 21/121 that is configured to at least partially confine light within the light guide and/or block light, para. [0060], [0063], [0146], [0150], [0223]).
Claim(s) 10 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2015/0119657 to LeBoeuf et al. (LeBoeuf) in view of US 2015/0031967 to LeBeouf et al. (LeBeouf ‘967) as applied to claims 1 and 22 further in view of US 2017/0052319 to Schultheis et al. (Schultheis) (previously cited).
In reference to at least claims 10 and 30
LeBeouf modified by LeBoeuf ‘967 renders obvious an assembly according to claims 1 and 22. LeBoeuf further discloses wherein the ear gel and the first and second light guides comprise a flexible optically transmissive material having a low durometer measurement (e.g. cover 18 and the light guides 119 comprise flexible optically transmissive materials including low durometer materials such as rubber, low durometer plastics, and silicone, Figs. 1,3,26,para. [0053], [0143], [0235]). LeBoeuf modified by LeBoeuf ‘967 fails to explicitly teach a flexible optically transmissive material having a durometer measurement of between Shore A10 and Shore A80.
Schultheis teaches a light guide with optical element molded thereto which discloses a light guide for medical applications (e.g. abstract) that includes a flexible optically transmissive material having a durometer measurement of between Shore A10 and Shore A80 (e.g. flexible optically transmissive light guide 1 using materials that have hardness values that range between 5 to 90 Shore A, Fig. 1, para. [0009]-[0010],[0036], [0038]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify the ear gel and light guides of the system of LeBoeuf modified by LeBoeuf ‘967 to include a flexible optically transmissive material such as silicone having a durometer measurement of between Shore A10 and Shore A80, as taught by Schultheis, to provide materials that have a high transparency, high thermal resistance, and have a range of hardness values that would provide a flexible yet durable material that provides a comfortable fit inside the ear canal of the user (e.g. ‘319, Fig. 1, para. [0001]-[0011], [0038]).
Response to Arguments
Applicant’s arguments, see pgs. 7-8, filed 4/2/2026, with respect to the rejection(s) of claim(s) 1-3,6,11-13,18,21,21-24,26-27 and 31 under 35 USC 103 using LeBoeuf have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US 2015/0031967 to LeBeouf et al..
Conclusion
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/JENNIFER L GHAND/ Examiner, Art Unit 3796
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