DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed 02/05/2026 has been entered. Claims 8-19 remain pending in the application.
Response to Arguments
In response to applicant’s arguments, see pages 9 lines 25-28, that Ma does not explicitly teach electrodes is persuasive. Prosecution is reopened.
In response to applicant’s arguments, see page 10 lines 3-4, that Ma teaches away from the detector establishing direct contact with the ear canal. Examiner respectfully disagrees. Applicant argues that the foam layer covers the detectors however, Ma discloses a recess in the foam layer in which the sensors reside ([Ma, Figure 5]). Further, Ma does not specifically state that the sensors cannot contact the ear canal, or that sensor contact would inhibit the use of the device. Further, Ma teaches the sensors may be SpO2 sensors ([Ma, 0034]), which are known to have to be in contact with the skin to obtain a proper reading. Therefore, Ma is still seen as having biosensors in contact with the ear canal; this is not grounds to view Ma as teaching away from sensors in contact with the ear canal. See MPEP 2145(D)(01).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., Expanding and retracting of the arms by itself; Pressing into the ear canal with localized controlled contact pressure) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant’s arguments, see page 11 lines 17-24 that, in view of amendments, Ma in view of Mlodziowski does not explicitly teach electrodes located on the outer earbud surface. Although this argument would be persuasive if claimed currently what is claimed is “a plurality of biosensor electrodes (508a-508d) coupled to the earbud (534)”. Examiner suggests amending claim language to reflect the argument.
Applicant's arguments, regarding no motivation to combine references, filed in response dated 02/05/2026 have been fully considered but they are not persuasive.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, see page 11-12, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). Applicant argues the connector cannot possibly establish contact with the ear canal. However, Ma discloses a recess in outer part 38 in which the light from the sensors travels. Further Ma does not explicitly state the sensor not being able to contact the ear canal. Therefore, the combination of Ma and Mlodzikowski is still seen as being obvious to a person having ordinary skill in the art.
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) 8 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ma (previously presented) in view of Lin et. al. (US 12245872 B2).
Regarding claim 8, Ma discloses: A neuro-bud (400) of an ear-wearable device (100) ([0013]; “In preferred embodiments the support member is one of a ear bud insertable within an ear canal“) for detecting at least one physiological parameter of a user ([0034]; “in a first embodiment of a personal exercise device comprising an earphone sensor for listening to audio files and also for detecting body parameters; such as heartbeat, SpO2 and temperature; “), the neuro-bud (400) comprising: a housing (402) ([Figure 8]; Specifically, Ma discloses a housing surrounding components);a hub (404) disposed in the housing (402) ) ([figure 8] Specifically, Ma discloses a hub 48 in the housing);a plurality of flexible curved leaves (20, 20a-20h) configured on the hub (404) ([Figure 8]; Ma discloses flexible leaves 47 disposed on hub 48); and a plurality biosensors (1, la-lh) configured on a distal end of each leaf (20, 20a-20h) ([Figure 7]; Ma discloses a biosensor 25 at the end of leave 47) and configured to be in contact with an ear canal for detecting the at least one physiological parameter of the user ([0034]; Ma discloses the sensors may be SPO2 sensors which are known to have to be in contact with the skins surface in order to obtain a proper reading, this is seen as being in contact with the ear canal), wherein the plurality of flexible curved leaves (20, 20a-20h) is configured to expand for extending the plurality of biosensors (1, la-lh) to establish contact with the ear canal and to contract for retracting the plurality of biosensors (1, la-lh) to break the contact (”the outer part 38 of the ear bud 50 consists of a soft over-molding made of resiliently deformable memory foam or silicone rubber that dampens the effects of motion. The foam is compressed when the ear bud 50 is inserted into the ear canal and expands to hold the bud 50 firmly in the ear canal”, “The FPC arms 47 are made of a flexible material so that sensors follow the foam 42 when squeezed into the ear canal.”)
Ma does not explicitly disclose: The biosensors being electrodes.
However, Lin discloses: The biosensors being electrodes. ([Figure 1A]; Lin discloses electrode 11)
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 earbud sensor as disclosed by Ma with the electrode as disclosed by Lin. The motivation being the simple substitution of one known element, the biosensor as disclosed by Ma, for another, the electrode as disclosed by Lin, to obtain the predictable result of recording physiological signals.
Regarding claim 11, Ma in view of Lin disclose: The neuro-bud (500) as claimed in claim 8. Ma further discloses: wherein the ear bud (534) comprises at least a locking mechanism to connect the earbud (534) over the connecting arms (512) of the collapsible member (510). ([0040]; “The hub 46 is located centrally within the back of the ear bud 50 and the radial arms brought forward within slots 45 on the surface of foam 42. The depth of the slots 45 is designed to allow the sensors to be slightly above the foam surface. The foam 42 is then covered with the rubber over-molding 38 for increase comfort and protection of sensors.”)
Claims 9-10 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Ma in view of Lin further in view of Mlodzikowski et al. (US8340338B2) herein referred to as “Mlodzikowski”.
Regarding claim 9, Ma discloses: A neuro-bud (500) of an ear-wearable device (100) ([0013]; “In preferred embodiments the support member is one of a ear bud insertable within an ear canal“) for detecting at least one physiological parameter of a user ([0034]; “in a first embodiment of a personal exercise device comprising an earphone sensor for listening to audio files and also for detecting body parameters; such as heartbeat, SpO2 and temperature; “), the neuro-bud (500) comprising: a housing (502) ([Figure 8]; Specifically, Ma discloses a housing surrounding components); a hub (504) disposed in the housing (502) ([figure 8] Specifically, Ma discloses a hub 48 in the housing); an earbud (534) ([Figure 7]; Ma discloses ear bud 50); a plurality of biosensors (508a-508d) coupled to the earbud (534) ) ([Figure 7]; Ma discloses a biosensor 25 at the end of leave 47) and configured to be in contact with an ear canal for detecting the at least one physiological parameter of the user([0034]; Ma discloses the sensors may be SPO2 sensors which are known to have to be in contact with the skins surface in order to obtain a proper reading, this is seen as being in contact with the ear canal) and the biosensors (508a-508d) to establish contact with the ear canal , and retract to further retract the connecting arms (512a-512d) and the biosensors (508a-508d) to break the contact, based on actuation of the actuating members (506). (”the outer part 38 of the ear bud 50 consists of a soft over-molding made of resiliently deformable memory foam or silicone rubber that dampens the effects of motion. The foam is compressed when the ear bud 50 is inserted into the ear canal and expands to hold the bud 50 firmly in the ear canal”, “The FPC arms 47 are made of a flexible material so that sensors follow the foam 42 when squeezed into the ear canal.”, ([0034]; Ma discloses the sensors may be SPO2 sensors which are known to have to be in contact with the skins surface in order to obtain a proper reading, this is seen as being in contact with the ear canal) Ma does not disclose: the biosensors being electrodes, an actuating member (506) supported on either side of the housing (502); a collapsible member assembly (510) supported on the other end of the actuating member (506) and connecting arms (512a-512d) with projected ends (5l1a-51ld) for holding the earbud (534); wherein the collapsible member assembly (510) is configured to: expand to further extend the connecting arms (512a-512d) , based on actuation of the actuating members (506)
However, Lin discloses: The biosensors being electrodes. ([Figure 1A]; Lin discloses electrode 11)
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 earbud sensor as disclosed by Ma with the electrode as disclosed by Lin. The motivation being the simple substitution of one known element, the biosensor as disclosed by Ma, for another, the electrode as disclosed by Lin, to obtain the predictable result of recording physiological signals.
However, Mlodzikowski discloses: an actuating member (506) supported on either side of the housing (502) ([Figure 21A]; Mlodzikowski discloses an actuator 180) a collapsible member assembly (510) supported on the other end of the actuating member (506) ([Figure 21A]; Mlodzikowski discloses a collapsible member consisting of 182 and 140) and connecting arms (512a-512d) ([Figure 21A]; 161) with projected ends (5l1a-51ld) for holding the earbud (534) ([Column 8 lines 25-30]; “The cantilever arms 161 protrude from the first side 111 of the housing and, when the resilient cushion 121 is attached to the housing, are at least partially located within the opening 125 of the cushion 121. Arm recesses 126 (FIG. 21B) formed in the cushion 121 receive the cantilever arms 161 such that the cushion 121 does not rotate freely thereon” [Figure 21B]; Mlodzikowski discloses the arms 161 with projecting ends to configure with recess 126); wherein the collapsible member assembly (510) is adapted to: expand to further extend the connecting arms (512a-512d) , based on actuation of the actuating members (506) ([Column 9 lines 26-28]; “Thus, rotation of the dial 182 rotates dial threads 183, resulting in a translational force being applied to the movable member 140 via movable member threads 143.” , [Column 9 lines 32-37]; “ Thus, the actuator or movable member threads 143 operably engage the dial threads 183 such that rotation of the dial 182 in a first direction translates the rigid actuator into contact or additional contact with each cantilever arm 161 (see FIGS. 25-26).”)
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of claimed invention to modify the ear bud as disclosed by Ma with the actuated arms as disclosed by Mlodzikowski the motivation being to create a snug fit between the earbud and ear canal ([Column 3 lines 6-9]).
Regarding claim 10, Ma in view of Lin disclose: The neuro-bud (500) as claimed in claim 8. Ma does not explicitly disclose: wherein the collapsible member assembly (510) comprising: an inner member (516); and an outer member (518) surrounding the inner member (516) and adapted to be supported on the other end of the actuating member (506), wherein the inner member (516) is adapted to move relative to the outer member (518) for expansion and contraction.
However, Mlodzikowski discloses: wherein the collapsible member assembly (510) comprising ([Figure 21A]): an inner member (516) ([Figure 21A] 140); and an outer member (518) surrounding the inner member (516) ([Figure 21A] 183): and adapted to be supported on the other end of the actuating member (506) ([Column 7 lines 22-24] “here the movable member 140 receives a moving force from a threaded engagement between the control member 180” 180 being the actuator “and the second portion 142”), wherein the inner member (516) is adapted to move relative to the outer member (518) for expansion and contraction. ([Column 7 lines 26-30]; “Threads 143 of the movable member 140 are designed to remain rotationally stationary relative to the housing 110 such that rotation of the control member 180 forces the movable member to translate with respect to the housing 110”)
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of claimed invention to modify the ear bud as disclosed by Ma with the collapsing member disclosed by Mlodzikowski the motivation being to facilitate the placement of earbuds into the ear ([Column 6 line 10-12]).
Regarding claim 12, Ma in view of Lin disclose: The neuro-bud as claimed in claim 8. Ma further discloses: retracting of biosensors ([0040]; “The FPC arms 47 are made of a flexible material so that sensors follow the foam 42 when squeezed”). Ma does not explicitly disclose: The biosensors being electrodes. wherein a linear movement of the actuating member (506) translates into contraction of the collapsible member assembly (510) to retract, when the actuating member (506) is actuated.
However, Lin discloses: The biosensors being electrodes. ([Figure 1A]; Lin discloses electrode 11)
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 earbud sensor as disclosed by Ma with the electrode as disclosed by Lin. The motivation being the simple substitution of one known element, the biosensor as disclosed by Ma, for another, the electrode as disclosed by Lin, to obtain the predictable result of recording physiological signals.
However, Mlodzikowskli disclose: wherein a linear movement of the actuating member (506) ([Figure 21A] 180) translates into contraction of the collapsible member assembly (510) ([Column 11 line 31-33] “Rotating the dial, or control member 180, may cause an ear canal portion 120 extending from a housing 110 to transition from a first shape 122 to a second shape 123.”) to retract when the actuating member (506) is actuated. ([Column 3 lines 1-5]; “indicated herein, an earbud, or earphone, according to an aspect of the present disclosure has an inner end with an eartip, or ear canal portion, that is placed within the ear canal of a user and an outer end with a control feature, or control member, that remains outside the ear canal and may be accessed by the user to expand or compact the eartip, or ear canal portion.”)
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of claimed invention to modify the ear bud as disclosed by Ma with the collapsing actuated arms as disclosed by Mlodzikowski the motivation being to facilitate the placement of earbuds into the ear ([Column 6 line 10-12]).
Regarding claim 13, Ma discloses: An ear-wearable device (100) ([0013]; “In preferred embodiments the support member is one of a ear bud insertable within an ear canal“): comprising: a plurality of neuro-buds (500) ([0035; Ma discloses of multiple ear buds), each neuro-bud (500) comprising: a housing (502) ) ([Figure 8]; Specifically, Ma discloses a housing surrounding components);a hub (504) disposed in the housing (502) ([figure 8] Specifically, Ma discloses a hub 48 in the housing);an earbud (534) ([Figure 7]; Ma discloses ear bud 50);a plurality of biosensors (508a-508d) coupled to the earbud (534) ([Figure 7]; Ma discloses a biosensor 25 at the end of leave 47) and Configured to be in contact with an ear canal for detecting the at least one physiological parameter of the user ([0035]; “The ear piece is of a type commonly known as an ear bud 50 which has a substantially cylindrical shape for insertion within the outer ear canal of the wearer. “); and a controller in communication with the biosensors (508a-508d) and configured to: receive at least one value of the at least one physiological parameter detected by the biosensors (508a-508d); and generate health insights of the user based on the at least one physiological parameter ([0043]; “The microprocessor 8…” which is seen as a controller “…of the main unit 2 receives the detected sensor signals and analyses them to detect the wearer's heartbeat and other body parameters, such as SpO2.”). Ma does not explicitly disclose: The biosensors being electrodes. an actuating member(506) supported on either side of the housing (502);a collapsible member assembly (510) supported on the other end of the actuating members (506) and connecting arms (512a-512d) with projected ends for holding the earbud (534),wherein the collapsible member assembly (510) is adapted to: expand to further extend the connecting arms (512a-512d) and the biosensor electrode (508a-508d) to establish contact with the ear canal; retract to further retract the connecting arms (512a-512d) and the biosensor electrode (508a-508d) to break the contact, based on actuation of the actuating member (506);
However, Lin discloses: The biosensors being electrodes. ([Figure 1A]; Lin discloses electrode 11)
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 earbud sensor as disclosed by Ma with the electrode as disclosed by Lin. The motivation being the simple substitution of one known element, the biosensor as disclosed by Ma, for another, the electrode as disclosed by Lin, to obtain the predictable result of recording physiological signals.
However, Mlodzikowski discloses: an actuating member(506) supported on either side of the housing (502) ([Figure 21A]; Mlodzikowski discloses an actuator 180);a collapsible member assembly (510) supported on the other end of the actuating members (506) ([Figure 21A]; Mlodzikowski discloses a collapsible member consisting of 182 and 140 and connecting arms (512a-512d) ([Figure 21A]; 161) with projected ends for holding the earbud (534) ([Column 8 lines 25-30]; “The cantilever arms 161 protrude from the first side 111 of the housing and, when the resilient cushion 121 is attached to the housing, are at least partially located within the opening 125 of the cushion 121. Arm recesses 126 (FIG. 21B) formed in the cushion 121 receive the cantilever arms 161 such that the cushion 121 does not rotate freely thereon” [Figure 21B]; Mlodzikowski discloses the arms 161 with projecting ends to configure with recess 126),wherein the collapsible member assembly (510) is adapted to: expand to further extend the connecting arms (512a-512d) to establish contact with the ear canal ([Column 9 lines 26-28]; “Thus, rotation of the dial 182 rotates dial threads 183, resulting in a translational force being applied to the movable member 140 via movable member threads 143.” , [Column 9 lines 32-37]; “ Thus, the actuator or movable member threads 143 operably engage the dial threads 183 such that rotation of the dial 182 in a first direction translates the rigid actuator into contact or additional contact with each cantilever arm 161 (see FIGS. 25-26).”); retract to further retract the connecting arms (512a-512d) and to break the contact, based on actuation of the actuating member (506); ([Column 3 lines 1-5]; “indicated herein, an earbud, or earphone, according to an aspect of the present disclosure has an inner end with an eartip, or ear canal portion, that is placed within the ear canal of a user and an outer end with a control feature, or control member, that remains outside the ear canal and may be accessed by the user to expand or compact the eartip, or ear canal portion.”)
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of claimed invention to modify the ear bud as disclosed by Ma with the collapsing actuated arms as disclosed by Mlodzikowski the motivation being to facilitate the placement of earbuds into the ear ([Column 6 line 10-12]).
Regarding claim 14, Ma in view of Lin discloses: The neuro-bud (400) of claim 8. Ma in view Lin do not explicitly discloses: wherein the plurality of flexible curved leaves (20, 20a-20h) is configured to expand and contract based on actuation of an actuating switch (6).
However, Mlodzikowski discloses: wherein the plurality of flexible curved leaves (20, 20a-20h) is configured to expand and contract based on actuation of an actuating switch (6). ([(45)]; Mlodzikowski discloses control member 180 which is seen as a switch that actuates the expansion of expansion assembly 160, [Figure 12A]; Mlodzikowski discloses expansion assembly 160 comprising curved leaves)
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 ear bud as disclosed by Ma in view of Lin with the expansion mechanism as disclosed by Mlodzikowski. The motivation being to fit snuggly in the ear canal ([Abstract]).
Regarding claim 15, Ma in view of Lin disclose: The neuro-bud (400) of claim 8. Mlodzikowski further discloses: comprising: the actuating switch (6) ([Figure 12A]; Controlling member 180) disposed on the housing (402)([Figure 12A]; Mlodzikowski discloses controlling member 180 disposed on housing 111);a first thread (5) disposed along a thread-guide channel and configured to couple the actuating switch (6) with the hub (404); ([(52)] Mlodzikowski discloses threads 183 configured to connect to portion 142, which is seen as the hub) and a second thread (3) configured to connect the first thread with the plurality of flexible curved leaves (20, 20a-20h). ([(52)]; Mlodzikowski discloses threads 143 that connects threads 183 to the leaves of assembly 140)
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 ear bud as disclosed by Ma in view of Lin with the expansion mechanism as disclosed by Mlodzikowski. The motivation being to fit snuggly in the ear canal ([Abstract]).
Regarding claim 16, Ma in view of Lin disclose: The neuro-bud (400) of claim 8. Ma further discloses: wherein, the at least one physiological parameter of the user is detected using bio-electrical signals from the plurality of biosensors (1, la-lh). ([0034]; “in a first embodiment of a personal exercise device comprising an earphone sensor for listening to audio files and also for detecting body parameters; such as heartbeat, SpO2 and temperature; “). Ma does not explicitly disclose: The biosensors being electrodes.
However, Lin discloses: The biosensors being electrodes. ([Figure 1A]; Lin discloses electrode 11)
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 earbud sensor as disclosed by Ma with the electrode as disclosed by Lin. The motivation being the simple substitution of one known element, the biosensor as disclosed by Ma, for another, the electrode as disclosed by Lin, to obtain the predictable result of recording physiological signals.
Regarding claim 17, Ma in view of Lin disclose: The neuro-bud (400) of claim 8. Lin further discloses: wherein, the at least one physiological parameter of the user comprises Electroencephalogram (EEG), Electrocardiogram (ECG), Electromyography (EMG), or a combination thereof. ([(37)]; Lin discloses ECG signals may be recorded)
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 earbud as disclosed by Ma with the ECG recording as disclosed by Lin. The motivation being to track biologically relevant information from the user ([(37)].
Regarding claim 18, Ma in view of Lin further in view of Mlodzikowski disclose: The neuro-bud (500) of claim 9. Ma discloses: A plurality of biosensors. Ma does not explicitly discloses wherein pressing of the actuating member (506) causes a motion to be transmitted linearly into the collapsible member assembly (510) to retract the plurality of biosensor electrodes (508a-508d).
However, Lin discloses: Biosensor electrodes. ([Figure 1A]; Lin discloses electrode 11)
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 earbud sensor as disclosed by Ma with the electrode as disclosed by Lin. The motivation being the simple substitution of one known element, the biosensor as disclosed by Ma, for another, the electrode as disclosed by Lin, to obtain the predictable result of recording physiological signals.
However, Mlodzikowski discloses: wherein pressing of the actuating member (506) causes a motion to be transmitted linearly into the collapsible member assembly (510) to retract the plurality of biosensor electrodes (508a-508d). ([(51]); Mlodzikoski discloses control member can be a push button, [(56)]; Mlodzikowski discloses the pressable button controlling the expansion and collapse of the extending portion).
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 ear bud as disclosed by Ma in view of Lin with the expansion mechanism as disclosed by Mlodzikowski. The motivation being to fit snuggly in the ear canal ([Abstract]).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ma in view of Lin further in view of Mlodzikowski further in view of Liu.
Regardign claim 19, Ma in view of Lin further in view of Mlodzikowski disclose: The neuro-bud (500) of claim 9. Ma does not discloses: wherein the neuro-bud (500) comprises a stem, the stem comprising: a battery, a network module, a charging module, and an indication light.
However, Liu discloses: wherein the neuro-bud (500) comprises a stem ([Figure 4A]; Liu discloses stem 42), the stem comprising: a battery , a network module, a charging module ([Figure 4A]; Liu discloses a power supply module 305 and a wireless network module, which is seen as a network module, within body of the earbud which is seen as the stem , [Summary of invention pp 9]; Liu discloses the power supply containing a battery and a power management unit, which is seen as a charging module ), and an indication light. ([Specific Implementation methods pp 26]; Liu discloses an indication light within the surface of the ear bud.)
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 ear bud with the power supply module, wireless network module and the indication light. The motivation being to power and charge the earbud ([Summary of invention pp9]), wirelessly communicate information ([Specific Implementation methods pp 17]) and indicate electrical states of the earbuds ([Specific Implementation methods pp 26]) respectively.)
Conclusion
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/CASEY GEORGE CHA/Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
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