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 .
Status of Claims
The amendments and remarks filed on 16APR2025 have been entered and considered.
Claims 1-2, & 4-11 are currently pending.
Claims 1 & 10 have been amended.
Claim 3 is canceled.
No claims have been added or withdrawn.
No new matter has been added.
Claims 1-2 & 4-11 are under examination.
Response to Arguments
Applicant's amendments filed 16APR2025 regarding the rejections of claims 10 & 11 under 35 USC 102(a)(1) have been fully considered and have been found to obviate the rejections. Therefore, the arguments are persuasive and the rejections have been withdrawn.
Applicant's amendments filed 16APR2025 regarding the rejections under 35 USC 103 have been fully considered and have been found to obviate the rejections. Therefore, the arguments are persuasive and the rejections have been withdrawn.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 4-6, & 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over by LeBoeuf et al. (US Publication No. 20140180039; Previously Cited) in view of Qian et al. (CN Publication No. 114040299).
Regarding claim 1, LeBoeuf discloses an ear physiological wearable device (LeBoeuf ¶0006 “According to some embodiments of the present invention, a headset configured to be attached to the ear of a person”), comprising: a main body (LeBoeuf ¶0094 “Although not shown in FIG. 1, an ear hook may be attached to the base 12 or housing 14 to help stabilize the earbud 30 and headset 10 worn by a subject and such that the earbud 30 is consistently placed at the same location within the ear canal of a subject.”; Figure 2; ¶0101 “FIG. 2 illustrates a stereo headset 100 that utilizes two light-guiding earbuds 130, according to some embodiments of the present invention. The headset 100 also includes various sensor elements 132 located at several regions in the stereo headset 100.”; where headset 100 can be interpreted as the main body), comprising a housing, an acoustic driving portion (LeBoeuf ¶0092 “The speaker 22 may be a compact speaker, such as an inductive speaker, piezoelectric speaker, electrostatic speaker, or the like. One or more microphones, such as electrets, MEMS, acoustic transducers, or the like, may also be located within the headset housing or earbud housing to pick up speech, physiological sounds, and/or environmental sounds.”; ¶0101 “Another benefit of the stereo headset is that it may enable stereo music during daily activities.”) a temperature sensing portion (LeBoeuf ¶0094 “Secondary circuit board 32 may also include a temperature sensor, such as a thermopile 28 mounted thereto.”; ¶0138) and an optical scanning portion (LeBoeuf Abstract “A monitoring device includes a housing configured to be attached to a body of a subject. An optical emitter, optical detector, and sensor for measuring motion noise are located within the housing. Light transmissive material is in optical communication with the optical emitter and detector and is configured to deliver light from the optical emitter to one or more locations of the body of the subject and to collect light external to the housing and deliver the collected light to the detector.”), wherein the acoustic driving portion is adjacent to the temperature sensing portion (LeBoeuf ¶0094 “Secondary circuit board 32 may also include a temperature sensor, such as a thermopile 28 mounted thereto. The thermopile 28 is oriented so as to point towards the tympanic membrane within the ear of a subject wearing the headset 10 through the acoustic orifices 34a, 34b in the earbud housing 16 and cover 18, respectively. The secondary circuit board 32 may be in electrical contact with the main circuit board 20 via soldering, connectors, wiring, or the like.”), and the optical scanning portion is disposed adjacent the acoustic driving portion and the temperature sensing portion when a user wears the ear physiological wearable device (LeBoeuf Figure 1 showing the configuration of the optical portions 24 & 26, acoustic portion 22, and temperature portion 28; Figure 3); and a supporting body, being connected to the main body for the user to wear the ear physiological wearable device (LeBoeuf ¶0094 “Although not shown in FIG. 1, an ear hook may be attached to the base 12 or housing 14 to help stabilize the earbud 30 and headset 100 worn by a subject and such that the earbud 30 is consistently placed at the same location within the ear canal of a subject.”); and the acoustic driving portion can receive sound messages (LeBoeuf ¶0027) and the temperature sensing portion can measure body temperature without the user moving ear physiological wearable device. (LeBoeuf ¶0087 “The capability to unobtrusively monitor an individual's physiology and/or environment, combined with improved user compliance, is expected to have significant impact on future planned health and environmental exposure studies. “; ¶0026).
LeBoeuf does not disclose wherein the acoustic driving portion includes an acoustic outlet disposed on the housing, the temperature sensing portion includes a nozzle disposed on the housing, the acoustic outlet and the nozzle face to an ear canal of the user and an angle between the acoustic outlet and the nozzle is not greater than 30 degrees. Qian in a similar field of endeavor of biometric earbuds teaches wherein the acoustic driving portion includes an acoustic outlet disposed on the housing (Qian Figure 2 showing the opening in front of speaker 212; Page 4 Line 60- Page 5 Lines 1-2 “The housing 202 may also include a protrusion 203 having an opening at its distal end that provides a passage through which audio signals may be transmitted out and into the ear canal of a user of the earplug 200, as indicated by the arrows.”), the temperature sensing portion includes a nozzle disposed on the housing, the acoustic outlet and the nozzle face to an ear canal of the user(Qian Figure 5A showing the member 220 including a temperature sensing portion as described in Page 6 Lines 55-57). Qian discloses the claimed invention except for an angle between the acoustic outlet and the nozzle is not greater than 30 degrees. It would have been obvious to one having ordinary skill in the art at the time the invention was made to keep the angle at 30 degrees or less, for the purpose of proper sensor positioning, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Before the effective filing date, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of LeBeouf with wherein the acoustic driving portion includes an acoustic outlet disposed on the housing, the temperature sensing portion includes a nozzle disposed on the housing, the acoustic outlet and the nozzle face to an ear canal of the user and an angle between the acoustic outlet and the nozzle is not greater than 30 degrees, as taught in Qian for the purpose of reducing external noise artifacts in the sensors.
Regarding claim 2, LeBoeuf in combination with Qian teaches the limitations of claim 1, and LeBoeuf further discloses a wireless signal transmission module electrically connected with the acoustic driving portion, the temperature sensing portion and the optical scanning portion (LeBoeuf ¶0093 “The circuit boards 20, 32 also may include at least one signal processor (not shown), at least one wireless module (not shown) for communicating with a remote device, and/or at least one memory storage device (not shown). An exemplary wireless module may include a wireless chip, antenna, or RFID tag. In some embodiments, the wireless module may include a low-range wireless chip or chipset, such as a Bluetooth. RTM. or ZigBee chip. These electronic components may be located on the main circuit board 20, or on another circuit board, such as the secondary circuit board 32, attached to the main circuit board.”).
Regarding claim 4, LeBoeuf in combination with Qian teaches the limitations of claim 1. LeBoeuf does not disclose wherein the optical scanning portion includes an opening, and when the user wears the ear physiological wearable device, the opening faces the incisura intertragica of the user. Qian further teaches wherein the optical scanning portion includes an opening, (Qian Figure 2 showing that biometric sensor 204 is not encased by the housing, therefore creating an opening), and when the user wears the ear physiological wearable device, the opening faces the incisura intertragica of the user. (Qian Page 5 Lines 15-18 “By arranging the biometric sensor 204 in the depicted position relative to the housing 202, the biometric sensor 204 can be placed in contact with the tragus of the ear, which advantageously tends to contact areas of high blood flow, thereby keeping the pulse oximeter in the Sensor readings obtained in the tragus region can be particularly accurate.”; Figure 3) Before the effective filing date, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of LeBeouf with wherein the optical scanning portion includes an opening, and when the user wears the ear physiological wearable device, the opening faces the incisura intertragica of the user, as taught in Qian for the purpose of reducing external noise artifacts in the sensors.
Regarding claim 5, LeBoeuf in combination with Qian teaches the limitations of claim 1. LeBoeuf further discloses wherein the supporting body comprises a first operating portion and a supporting portion, the supporting portion is connected with the first operating portion, and when the user wears the ear physiological wearable device, the supporting portion is located on an outer helix or beside a back of an ear of the user (LeBoeuf ¶0094 “Although not shown in FIG. 1, an ear hook may be attached to the base 12 or housing 14 to help stabilize the earbud 30 and headset 100 worn by a subject and such that the earbud 30 is consistently placed at the same location within the ear canal of a subject.”).
Regarding claim 6, LeBoeuf in combination with Qian teaches the limitations of claim 1. LeBoeuf further discloses wherein a central axis of the first operating portion is inclined relative to an extension axis normal of the supporting portion (LeBoeuf Figure 2 showing the design of headset 100 with includes earbud 30).
Regarding claim 8, LeBoeuf discloses an ear physiological wearable device (LeBoeuf ¶0006 “According to some embodiments of the present invention, a headset configured to be attached to the ear of a person”), comprising: a main body (LeBoeuf ¶0094 “Although not shown in FIG. 1, an ear hook may be attached to the base 12 or housing 14 to help stabilize the earbud 30 and headset 10 worn by a subject and such that the earbud 30 is consistently placed at the same location within the ear canal of a subject.”; Figure 2; ¶0101 “FIG. 2 illustrates a stereo headset 100 that utilizes two light-guiding earbuds 130, according to some embodiments of the present invention. The headset 100 also includes various sensor elements 132 located at several regions in the stereo headset 100.”; where headset 100 can be interpreted as the main body), including an acoustic driving portion (LeBoeuf ¶0092 “The speaker 22 may be a compact speaker, such as an inductive speaker, piezoelectric speaker, electrostatic speaker, or the like. One or more microphones, such as electrets, MEMS, acoustic transducers, or the like, may also be located within the headset housing or earbud housing to pick up speech, physiological sounds, and/or environmental sounds.”; ¶0101 “Another benefit of the stereo headset is that it may enable stereo music during daily activities.”), a temperature sensing portion (LeBoeuf ¶0094 “Secondary circuit board 32 may also include a temperature sensor, such as a thermopile 28 mounted thereto.”; ¶0138) and an optical scanning portion (LeBoeuf Abstract “A monitoring device includes a housing configured to be attached to a body of a subject. An optical emitter, optical detector, and sensor for measuring motion noise are located within the housing. Light transmissive material is in optical communication with the optical emitter and detector and is configured to deliver light from the optical emitter to one or more locations of the body of the subject and to collect light external to the housing and deliver the collected light to the detector.”), wherein when a user wears the ear physiological wearable device, the acoustic driving portion is disposed above the temperature sensing portion (LeBoeuf Figure 1 showing the configuration of the optical portions 24 & 26, acoustic portion 22, and temperature portion 28; Figure 3), and the optical scanning portion is disposed below the temperature sensing portion (LeBoeuf Figure 1 showing the configuration of the optical portions 24 & 26, acoustic portion 22, and temperature portion 28; Figure 3); and a supporting body, being connected to the main body for the user to wear the ear physiological wearable device (LeBoeuf ¶0094 “Although not shown in FIG. 1, an ear hook may be attached to the base 12 or housing 14 to help stabilize the earbud 30 and headset 100 worn by a subject and such that the earbud 30 is consistently placed at the same location within the ear canal of a subject.”); wherein the acoustic driving portion includes an acoustic end (LeBoeuf Figure 1 showing acoustic orifices 34a, 34b), the temperature sensing portion includes a nozzle (LeBoeuf Figure 1 showing temperature sensor 28 already configured as a nozzle shape, additionally showing orifice 34b which can be interpreted as an additional nozzle for the sensor).
LeBoeuf does not disclose wherein when the user wears the ear physiological wearable device, the acoustic end abuts against the user's skull so that sound waves converted from electronic signals by the acoustic driving portion can be directly transmitted to an ear of the user through bones; and the temperature sensing portion extends along an ear canal of the user, so that the nozzle is positioned in the ear canal of the user. Qian in a analogous field of earbud monitoring devices teaches wherein when the user wears the ear physiological wearable device, the acoustic end abuts against the user's skull so that sound waves converted from electronic signals by the acoustic driving portion can be directly transmitted to an ear of the user through bones (Qian Figure 2 Showing Speaker 212; Figure 3B showing the speaker portion (unlabeled) as it would be adjacent to the users skull when in the ear cavity); and the temperature sensing portion extends along an ear canal of the user, so that the nozzle is positioned in the ear canal of the user (Qian Page 5 Lines 15-18 “By arranging the biometric sensor 204 in the depicted position relative to the housing 202, the biometric sensor 204 can be placed in contact with the tragus of the ear, which advantageously tends to contact areas of high blood flow, thereby keeping the pulse oximeter in the Sensor readings obtained in the tragus region can be particularly accurate.”; Figure 3). Before the effective filing date, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of LeBeouf with an acoustic end which abuts against the user's skull so that sound waves converted from electronic signals by the acoustic driving portion can be directly transmitted to an ear of the user through bones, and the temperature sensing portion extends along an ear canal of the user, so that the nozzle is positioned in the ear canal of the user, as taught in Qian for the purpose of reducing external noise artifacts in the sensors.
Regarding claim 9, LeBoeuf in combination with Qian teaches the limitations of claim 8. LeBoeuf further discloses a wireless signal transmission module electrically connected with the acoustic driving portion, the temperature sensing portion and the optical scanning portion. (LeBoeuf ¶0093 “The circuit boards 20, 32 also may include at least one signal processor (not shown), at least one wireless module (not shown) for communicating with a remote device, and/or at least one memory storage device (not shown). An exemplary wireless module may include a wireless chip, antenna, or RFID tag. In some embodiments, the wireless module may include a low-range wireless chip or chipset, such as a Bluetooth. RTM. or ZigBee chip. These electronic components may be located on the main circuit board 20, or on another circuit board, such as the secondary circuit board 32, attached to the main circuit board.”).
Regarding claim 10, LeBoeuf discloses an ear physiological wearable device (LeBoeuf ¶0006 “According to some embodiments of the present invention, a headset configured to be attached to the ear of a person”), comprising: a main body (LeBoeuf ¶0094 “Although not shown in FIG. 1, an ear hook may be attached to the base 12 or housing 14 to help stabilize the earbud 30 and headset 10 worn by a subject and such that the earbud 30 is consistently placed at the same location within the ear canal of a subject.”; Figure 2; ¶0101 “FIG. 2 illustrates a stereo headset 100 that utilizes two light-guiding earbuds 130, according to some embodiments of the present invention. The headset 100 also includes various sensor elements 132 located at several regions in the stereo headset 100.”; where headset 100 can be interpreted as the main body), comprising a housing, a temperature sensing portion (LeBoeuf ¶0094 “Secondary circuit board 32 may also include a temperature sensor, such as a thermopile 28 mounted thereto.”; ¶0138; housing 14) and an optical scanning portion (LeBoeuf Abstract “A monitoring device includes a housing configured to be attached to a body of a subject. An optical emitter, optical detector, and sensor for measuring motion noise are located within the housing. Light transmissive material is in optical communication with the optical emitter and detector and is configured to deliver light from the optical emitter to one or more locations of the body of the subject and to collect light external to the housing and deliver the collected light to the detector.”), wherein the temperature sensing portion is adjacent to the optical scanning portion (LeBoeuf ¶0094 “Secondary circuit board 32 may also include a temperature sensor, such as a thermopile 28 mounted thereto. The thermopile 28 is oriented so as to point towards the tympanic membrane within the ear of a subject wearing the headset 10 through the acoustic orifices 34a, 34b in the earbud housing 16 and cover 18, respectively. The secondary circuit board 32 may be in electrical contact with the main circuit board 20 via soldering, connectors, wiring, or the like.”); and a supporting body, being connected with the main body, and abutting against an ear of a user when the user wears the ear physiological wearable device (LeBoeuf ¶0094 “Although not shown in FIG. 1, an ear hook may be attached to the base 12 or housing 14 to help stabilize the earbud 30 and headset 100 worn by a subject and such that the earbud 30 is consistently placed at the same location within the ear canal of a subject.”).
LeBoeuf does not disclose wherein the temperature sensing portion comprises a nozzle disposed on the housing, the optical scanning portion comprises an opening defined on the housing, and when the user wears the ear physiological wear device, the temperature sensing portion extends along an ear canal of the user, so that the nozzle is positioned in the ear canal of the user, and the opening faces an inner side ofQian Figure 5A showing the member 220 including a temperature sensing portion as described in Page 6 Lines 55-57), the optical scanning portion comprises an opening defined on the housing (Qian Figure 2 showing that biometric sensor 204 is not encased by the housing, therefore creating an opening), and when the user wears the ear physiological wear device, the temperature sensing portion extends along an ear canal of the user, so that the nozzle is positioned in the ear canal of the user, and the opening faces an inner side of(Qian Page 5 Lines 15-18 “By arranging the biometric sensor 204 in the depicted position relative to the housing 202, the biometric sensor 204 can be placed in contact with the tragus of the ear, which advantageously tends to contact areas of high blood flow, thereby keeping the pulse oximeter in the Sensor readings obtained in the tragus region can be particularly accurate.”; Figure 3). Before the effective filing date, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of LeBeouf wherein the temperature sensing portion comprises a nozzle disposed on the housing, the optical scanning portion comprises an opening defined on the housing, and when the user wears the ear physiological wear device, the temperature sensing portion extends along an ear canal of the user, so that the nozzle is positioned in the ear canal of the user, and the opening faces an inner side of Qian for the purpose of reducing external noise artifacts in the sensors.
Regarding claim 11, LeBoeuf in combination with Qian teaches the limitations of claim 10. LeBoeuf further discloses wherein the main body further comprises an acoustic driving portion (LeBoeuf ¶0092 “The speaker 22 may be a compact speaker, such as an inductive speaker, piezoelectric speaker, electrostatic speaker, or the like. One or more microphones, such as electrets, MEMS, acoustic transducers, or the like, may also be located within the headset housing or earbud housing to pick up speech, physiological sounds, and/or environmental sounds.”; ¶0101 “Another benefit of the stereo headset is that it may enable stereo music during daily activities.”), the acoustic driving portion comprises a sound-generating unit (LeBoeuf ¶0095 “In the illustrated embodiment, the earbud housing 16 is in acoustical communication with the speaker 22 and includes an aperture 34a through which sound from the speaker 22 can pass. However, additional apertures may also be utilized. The cover 18 also includes at least one aperture 34b through which sound from the speaker 22 can pass” showing that the earbuds come with the ability to produce sound and therefore require a sound generating unit), and the sound-generating unit converts electronic signals into sound waves and transmits the sound waves to the ear canal of the user from the nozzle (LeBoeuf Figures 4B-4D showing the speaker portion in relation to the nozzle placed in the subject’s ear; ¶0079 listing acceptable units for the headset 100 including a hearing aid, which is designed to convert electronic signals into sound waves and transmits the sound waves to the ear canal of the user ).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over by LeBoeuf et al. (US Publication No. 20140180039; Previously Cited), in view of Qian et al. (CN Publication No. 114040299) and Bae et al. (US Publication No. 20190166428; Previously Cited).
Regarding claim 7, LeBoeuf in combination with Qian discloses the limitations of claims 1-2, & 4-6, but does not disclose wherein the first operating portion includes a finger contact area and an indication area. Bae in an analogous field of endeavor of electronic devices operating based on biometric information teaches wherein the first operating portion includes a finger contact area and an indication area. (Bae Figure 1 described in ¶0045 “According to an embodiment, the second output device 102 may include a wingtip 112, an ear tip 122, a microphone hole 162, and a touch pad 172.”; ¶0047; ¶0071). Before the effective filing date, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of LeBeouf combined with Qian with a first operating portion that includes a finger contact area and an indication area, as taught in Bae for the purpose of allowing for increased user convenience of use (Bae ¶0011).
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 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 date of this final action.
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/MEGAN T FEDORKY/
Examiner, Art Unit 3796
/ALLEN PORTER/Primary Examiner, Art Unit 3796
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