DETAILED ACTION
Response to Amendment
The amendment filed 08/28/2025 has been entered. Claims 31-44 and 46-50 remain pending in the application.
Response to Arguments
Applicant’s arguments with respect to claim(s) 31-44 and 46-50 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
(g)(1) during the course of an interference conducted under section 135 or section 291, another inventor involved therein establishes, to the extent permitted in section 104, that before such person’s invention thereof the invention was made by such other inventor and not abandoned, suppressed, or concealed, or (2) before such person’s invention thereof, the invention was made in this country by another inventor who had not abandoned, suppressed, or concealed it. In determining priority of invention under this subsection, there shall be considered not only the respective dates of conception and reduction to practice of the invention, but also the reasonable diligence of one who was first to conceive and last to reduce to practice, from a time prior to conception by the other.
A rejection on this statutory basis (35 U.S.C. 102(g) as in force on March 15, 2013) is appropriate in an application or patent that is examined under the first to file provisions of the AIA if it also contains or contained at any time (1) a claim to an invention having an effective filing date as defined in 35 U.S.C. 100(i) that is before March 16, 2013 or (2) a specific reference under 35 U.S.C. 120, 121, or 365(c) to any patent or application that contains or contained at any time such a claim.
Claim(s) 31-34, 37 and 49-50 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gevins et al. (US 5038782 A) herein referred to as “Gevins”.
Regarding claim 31, An electrical measurement apparatus ([Column 3 lines 1-3]; “ In accordance with the present invention, there is provided a method and apparatus, called a "Smart Hat", to detect a patient's brain waves”), comprising: a flexible circuit ([Column 3 lines 15-17]; “Each of 4 electrodes plugs into a Field Effect Transistor (FET) input preamplifier”), the flexible circuit comprising electrical circuitry carried by a flexible substrate ([Column 5 lines 52-55]; “ The flexible printed circuit board 34 is preferably composed of a polyamide material having a copper foil ground plane 37 on the top side and signal trace conductors 36 on the bottom side” wherein polyamide is seen as a flexible substrate), said circuity comprising one or more electrodes circuit ([Column 3 lines 15-17]; “Each of 4 electrodes plugs into a Field Effect Transistor (FET) input preamplifier”), and processing circuitry disposed on the flexible circuit ([Column 6 lines 47—50]; “From 1 to 16 encoder circuits 50 each perform filtering, amplification, digitization, and multiplexing of the outputs from the preamplifier circuits. Each encoder circuit services 16 channels;”) to which the one or more electrodes are integrally connected ([Column 5 lines 27-29]; “At the upper end, the electrode is soldered 20 to a gold-plated pin 30 which plugs into a” wherein solder is seen as in integral connection); wherein said one or more electrodes comprise a central portion and a plurality of legs extending radially outwards from the central portion in a spaced apart relationship ([Figure 3D]), wherein at least one electrical contact is located on each one of said plurality of legs and wherein said one or more electrodes are configured such that the plurality of electrical contacts of the one or more electrodes contact a user's head in use ([Column 3 lines 18-20]; “The flexible metal fingers of the electrodes poke through the hair and the dimpled tips contact the scalp” and [Figure 1]; Gevins discloses the electrodes fingers in contact with the scalp and is seen as an electrical contact); and wherein each said electrode is formed as a unitary conductive structure on the flexible circuit ([Figure 3D] and ([Column 5 lines 27-29]; Gevins discloses the electrode soldered to the circuit which is seen as on the circuit ) and the electrical circuitry comprises conductive traces formed within the flexible substrate ([Column 5 lines 49-55];” Conductors 36, which are copper foil signal traces, conduct the signals from each electrode 12a-n to a nearby preamplifier circuit 35a. The flexible printed circuit board 34 is preferably composed of a polyamide material having a copper foil ground plane 37 on the top side and signal trace conductors 36 on the bottom side.”) that extend from the tip electrical contacts of the legs and electrically interconnect the plurality of legs and their tip electrical contacts with the central portion and with the processing circuitry disposed on the flexible circuit. ([Figure 4] Gevins discloses the electrode with conductive fingers extending form the tip of the electrode and soldered to the flexible circuit and conductive trace 33 and 34)
Regarding claim 32 Gevin teaches: The electrical measurement apparatus of claim 31. Gevins further discloses: wherein processing circuitry is located in a portion of the flexible circuit that is spaced apart from the respective portions that carry said electrodes. ([Figure 6]; Gevins teaches multiplexing circuit 51 and encoding circuit 50, which are seen as processing circuitry, spaced from electrodes)
Regarding claim 33, Gevinds teaches: The electrical measurement apparatus of claim 31. Gevins further discloses: wherein said flexible circuit comprises a plurality of the electrodes ([Figure 6]; Gevins teaches circuitry comprising contact electrodes 12a-d)
Regarding claim 34, (For examination purposes “and/or” in this instance is being interpreted as “or”) Gevins discloses: The electrical measurement apparatus of claim 31. Gevins further discloses: wherein said electrodes comprise a support structure which is coupled to the central portion ([Figure 4]l Gevins discloses a metal solder 20, which is seen as a support, in the center of the electrode) and/or one or more of the plurality of leg
Regarding claim 37, Gevins teaches: The electrical measurement apparatus of claim 34. Gevins further teaches: wherein the plurality of legs each comprise an aperture located at or towards a distal end of each leg. ([Figure 4]; Gevins teaches legs with apertures 18 at the end)
Regarding claim 49, Gevins teaches: A headgear apparatus comprising ([Figure 1]): headgear ([Figure 1]; 14); and the electrical measurement apparatus as claimed in claim 31 coupled to the headgear ([Figure 4]; Gevins discloses the electrode connected to the headgear apparatus).
Regarding claim 50, Gevins teaches: A method of manufacturing the electrical measurement apparatus as claimed in claim 35, the method comprising: providing the flexible circuit comprising electrical circuitry carried by the flexible substrate ([Column 3 lines 15-18] “) input preamplifier circuit mounted on a flexible printed circuit (PC) board.”), said circuity comprising the one or more electrodes ([Column 3 lines 16-18]; “Each of 4 electrodes plugs into a Field Effect Transistor (FET) input preamplifier”); coupling the support structure to the flexible circuit. ([Column 5 lines 27-29];” At the upper end, the electrode is soldered 20 to a gold-plated pin 30 which plugs into a connector 32 on the flexible printed circuit board 34.”)
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim(s) 35-36 and 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gevins in view of Oda et al. (US 4067321 A) herein referred to as “Oda”.
Regarding claim 35, Gevins discloses: The electrical measurement apparatus of claim 34. Gevins does not disclose: wherein the support structure comprises a main body with a plurality of limbs extending radially outwards from the main body in a spaced apart relationship.
However, Oda discloses: wherein the support structure comprises a main body with a plurality of limbs extending radially outwards from the main body in a spaced apart relationship. ([Figure 1]; Oda discloses a support with radially extending limbs 3)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the measurement apparatus as disclosed by Gevins with the support as disclosed by Oda the motivation being to help bring the electrode in contact with the patient ([Column 2 lines 3-20])
Regarding claim 36, (For examination purposes “and/or” in this instance is being interpreted as “or”). Gevins in view of Oda disclose: The electrical measurement apparatus of claim 35. Oda further discloses: wherein the support structure has a substantially domed shaped ([Figure 1 and Figure 2]; Oda discloses the insulating plate having a dome shaped); and/or wherein the cross section of the support structure, extending from a distal end of a first limb to a distal end of an opposing second limb traversing the main body, is substantially arcuate.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrical measurement device as disclosed by Gevin with the insulating plate as disclosed by Oda the motivation being to bring the electrode in contact with the head skin ([Column 2 lines 31-35])
Regarding claim 40, Gevin in view of Oda disclose: The electrical measurement apparatus of claim 35. Gevin further discloses: wherein the support structure is coupled to the central portion and/or the one or more of the plurality of legs by an adhesive or heat-sealing. ([Figure 4]; Gevin discloses that the central portion soldered to the support structure wherein solder is seen as heat sealing)
Claim(s) 38-39 and 46 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gevins in view of Oda further in view of Dong et al. (CN 104241934 A)
Regarding claim 38 , (For examination purposes “and/or” in this instance is being interpreted as “or”) Gevins in view of Oda discloses: The electrical measurement apparatus of claim 35. Gevins does not disclose: wherein protrusions are located at or towards the proximal ends of the plurality of limbs; and/or wherein the protrusions are located on a first surface of the support structure; and/or wherein the plurality of legs are folded laterally about the plurality of limbs, wherein the apertures of the plurality of legs align and engage with the plurality of protrusions to couple the plurality of legs to the support structure.
However, Dong discloses: wherein protrusions are located at or towards the proximal ends of the plurality of limbs ([Figure 1]; Dong discloses electrode support structure 5 with limbs and protrusions on the ends of the limbs); and/or wherein the protrusions are located on a first surface of the support structure; and/or wherein the plurality of legs are folded laterally about the plurality of limbs, wherein the apertures of the plurality of legs align and engage with the plurality of protrusions to couple the plurality of legs to the support structure
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrical measurement device as disclosed by Gevins in view of Oda with the protruding support as disclosed by Dong the motivation being to secure the electrode ([0025])
Regarding claim 39, Gevin in view of Oda further in view of Dong disclose: The electrical measurement apparatus of claim 38. Gevin further disclose: wherein the central portion is located adjacent to or in contact with a second surface of the support structure when the plurality of legs are coupled to the support structure ([Figure 4]; Gevin discloses central portion 30in contact with support structure 20 that is in contact with legs 17); or wherein the portion of each of the legs which is folded laterally about the tips of the limbs defines at least part of the electrical contact for each leg.
Regarding claim 46, Gevins in view of Oda disclose: The electrical measurement apparatus of claim 35. Gevins does not disclose: wherein the support structure is made of rubber and/or plastic.
However, Dong discloses: wherein the support structure is made of rubber and/or plastic. ([0016]; Dong discloses the electrode components made of insulating polymer and injection molding, which is seen as a plastic)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrical measurement device as disclosed by Gevins in view of Oda with the polymer injection molding as disclosed by Dong the motivation being the known technique of injection molding to improve the ease of manufacture.
Claim(s) 41-44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gevins in view of Dong.
Regarding claim 41, Gevins discloses: 41. The electrical measurement apparatus of claim 34. Gevins does not disclose: wherein said electrode further comprises a cover which is coupled to the support structure.
However, Dong discloses: wherein said electrode further comprises a cover which is coupled to the support structure. ([Figure 1]; Dong discloses electrode holder 3, which is seen as a cover, that couples to support structure 52)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrical measurement device as disclosed by Gevins with the cover as disclosed by Dong the motivation being to hold the electrode in place ([0025])
Regarding claim 42, Gevin in view of Dong disclose: The electrical measurement apparatus of claim 41. Dong further discloses wherein said cover is coupled to the first surface of the support structure. ({figure 2]; Dong discloses support 5, which is attached to extensions 52, attached to a first surface of electrode holder 3, which is seen as a cover)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrical measurement device as disclosed by Gevins with the cover as disclosed by Dong the motivation being to hold the electrode in place ([0025])
Regarding claim 43, Gevin in view of Dong disclose: The electrical measurement apparatus of claim 42. Dong further discloses: wherein said cover comprises a plurality of recesses on its underside which are configured to engage with the protrusions formed on the first surface of the main body such as to couple the cover to the support structure ([Figure 1]; Dong discloses electrode holder with protrusions formed on the first surface); or wherein the first surface of the main body comprises a central protrusion which is configured to engage with a co-operable recess provided on the underside of the cover such as to couple the cover to the support structure.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrical measurement device as disclosed by Gevins with the cover as disclosed by Dong the motivation being to hold the electrode in place ([0025
Regarding claim 44, Gevins discloses: The electrical measurement apparatus of claim 31. Gevins further disclose: wherein the central portion, the support structure comprises a respective central aperture ([Figure 4]) through which a retaining member comprising a pin is inserted to couple the support structure or the support structure, and central portion together. ([Figure 4]; pin 30) Gevins does not disclose: A cover with an aperture with a retaining member through it.
However, Dong disclose: A cover with an aperture with a retaining member through it. ([ Figure 2]; Dong discloses electrode holder 3 with aperture and retaining member 6 though the aperture)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrical measurement device as disclosed by Gevins with the cover as disclosed by Dong the motivation being to hold the electrode in place ([0025])
Claim(s) 47 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gevins in view of Aimone et al. (US 20180348863 A1) herein referred to as “Aimone”.
Regarding claim 47, Gevins discloses: The electrical measurement apparatus of claim 31. Gevins does not disclose: further comprising means for receiving a fluid comprising a conductive gel or saline solution and a dispersion member that is configured to distribute the fluid received via the means for receiving the fluid towards the electrical contacts.
However, Aimone discloses: further comprising means for receiving a fluid comprising a conductive gel or saline solution and a dispersion member that is configured to distribute the fluid received via the means for receiving the fluid towards the electrical contacts. ([0214]; “The electrode pin 174 includes a conduit 179b for receiving conductive fluid from the reservoir 175 to distribute the conductive fluid to the tip of the of electrode pin 174.”)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrical measurement device as disclosed by Gevins with the fluid delivery means as disclosed by Aimone the motivation being to reduce impedance and improve connection ([0213])
Claim(s) 48 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gevins in view of Aimone further in view of Sackellares et al. (US 20160022165 A1) herein referred to as “Sackellares”.
Regarding claim 48, (For examination purposes “and/or” in this instance is being interpreted as “or”) Gevins in view of Aimone disclose: The electrical measurement apparatus of claim 47. Gevins in view of Aimone does not disclose; wherein the means for receiving a fluid comprises a retaining member which is configured to couple the dispersion member and support structure together, wherein the retaining member comprises a hollow elongate member defining a substantially tube like structure and/or wherein the hollow elongate member defines a channel for receiving the fluid; and/or wherein the dispersion member comprises one or more outlets which are in fluid communication with the channel when the dispersion member is coupled to the retaining member; and/or wherein the dispersion member is shaped and dimensioned to direct fluid which egress from the outlets towards the electrical contacts.
However, Sackellares discloses: wherein the means for receiving a fluid comprises a retaining member ([Figure 14]; 1201) which is configured to couple the dispersion member ([Figure 14]; 1350) and support structure together ([Figure 14]; 1327), wherein the retaining member comprises a hollow elongate member defining a substantially tube like structure ([Figure 14]; 1203) and/or wherein the hollow elongate member defines a channel for receiving the fluid; and/or wherein the dispersion member comprises one or more outlets which are in fluid communication with the channel when the dispersion member is coupled to the retaining member; and/or wherein the dispersion member is shaped and dimensioned to direct fluid which egress from the outlets towards the electrical contacts.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrical measurement device as disclosed by Gevins in view of Aimone with the retaining member as disclosed by Sackellares the motivation being to supply fluid to the reservoir ([0075])
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any 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 CASEY GEORGE CHA whose telephone number is (571)272-0749. The examiner can normally be reached Monday-Friday 8:30-5:00.
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/CASEY GEORGE CHA/ Examiner, Art Unit 3794
/JOSEPH A STOKLOSA/ Supervisory Patent Examiner, Art Unit 3794