DETAILED ACTION
This action is responsive to the “AMENDMENT AND RESPONSE TO OFFICE ACTION” filed 14 January 2026. The Examiner acknowledges the amendments to claims 1, 19, and 37, the cancelation of claims 18 and 36, and the addition of new claims 38-39. Claims 1-17, 19-21, 34-35, and 37-39 are pending.
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 Objections
Claim(s) 8 is/are objected to because of the following informalities:
Claim 8 should read “when placed on [[a]] the user’s face” [line 5].
Appropriate correction is required.
Claim Interpretation
Examiner Notes: currently, NO limitation invokes interpretation under § 112(f).
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.
Claim(s) 37 is/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.
Claim 37 recites the limitation “wherein the circuitry comprises an independent component analysis (ICA) algorithm to decouple the first signal and the second signal into monocular horizontal and vertical eye movements” [lines 1-4], which is considered indefinite, as it is not clear whether the recited ICA algorithm is meant to further limit the previously defined algorithm that the circuitry comprises as recited in claim 1 [lines 7-9] or define a separate/unique algorithm for performing the same function as the algorithm of claim 1. For examination purposes, the Examiner has interpreted the ICA algorithm of claim 37 to further limit the algorithm of claim 1.
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.
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) 1-3, 5-16, 19-20, 34-35, 37, and 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Phillips (WO-2019224557-A2, previously presented) in view of Im (KR-20210035421-A, effective filing date of 24 September 2019, translation of foreign reference attached).
Regarding claim 1, Phillips teaches
A wearable device, comprising:
a unitary-substrate [left mount 22a] comprising a first sensor and a second sensor [the sensor electrode array 20 includes a plurality of electrodes 21 mounted in a mount 22 for positioning the electrodes 21 at or about predetermined positions on a subject's head when the mount is worn (Phillips Col 13:3-5, Figs. 2-3), wherein the plurality of electrode 21 on a first (left) mount 22a are considered to define the first sensor and the second sensor], the unitary-substrate dimensioned for unilateral placement on a user’s face to position the first sensor and the second sensor to detect monocular horizontal and vertical eye movement as an electrical signal [Both mounts preferably contain a single electrode (horizontal channel) positioned near the outer canthi of the eyes. This positioning captures the CRP corresponding to horizontal eye movement. On the left-hand mount, a further two electrodes (vertical channel) are placed above and below the left eye, approximately in line with the outer corner of the eye, to capture vertical eye movement (Phillips Col 14:27-Col 15:3, Fig. 3), wherein the left mount 22a is considered to detect eye movement of the left eye]; and
circuitry [logging unit 30] operably coupled to the first sensor and the second sensor [the 5 electrodes are split between two mounts 22a, 22b, one for each side of a user's head and which are then connected to the logging unit 30 to provide the data feed (Phillips Col 13:17-19)].
However, Philips fails to explicitly disclose wherein the sensors detect monocular horizontal and vertical eye movement as a first electrical signal and a second electrical signal, each signal a linear mixture of horizontal eye movement and vertical eye movement; and wherein the circuitry comprises an algorithm to decouple each linear mixture into monocular horizontal and vertical eye movements.
Im discloses systems for detecting vertical and horizontal eye movement, wherein Im acknowledges that measurements of vertical eye movement may contain components of horizontal eye movement and vice versa due to imperfect vertical and horizontal eye movement [Since a person cannot accurately move the eyeball horizontally and vertically, a signal component according to the vertical movement of the eye may be included in the first eye conduction signal according to the horizontal movement of the eyeball, and a noise component may also be included. Likewise, a signal component, a noise component, and the like according to the horizontal motion of the eye may be included in the second eye conduction signal according to the vertical motion of the eyeball (Im p. 19 of attached combined foreign reference with translation)], such that sensors employed by systems of Im are considered to measure a linear mixture of horizontal eye movement and vertical eye movement. Im further discloses applying an algorithm to decouple each linear mixture into horizontal and vertical eye movements [As an embodiment, the coefficient generator 220 may generate a first linear coefficient vector that separates the first eye conduction signal into a signal component for horizontal motion, a signal component for vertical motion, and a noise component. A second linear coefficient vector for separating the two-eye conduction signal into a signal component for horizontal motion, a signal component for vertical motion, and a noise component may be generated. In addition, the coefficient generator 220 may use an independent component analysis algorithm (ICA) or a reconstruction independent component analysis (RICA) algorithm that separates various signals from a signal in which various signal components are mixed. The mixed signal can be separated from the obtained target signal, and a linear coefficient vector corresponding to the separated signal is output, and a target signal can be obtained again by applying the linear coefficient vector to the separated signal (Im p. 19)].
As Im indicates that due to imperfect vertical and horizontal eye movements measured signal components of vertical and horizontal eye movements may contain a linear mixture of vertical and horizontal eye movements [Im p. 19], it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Phillips to employ wherein the sensors detect monocular horizontal and vertical eye movement as a first electrical signal and a second electrical signal, each signal a linear mixture of horizontal eye movement and vertical eye movement; and wherein the circuitry comprises an algorithm to decouple each linear mixture into monocular horizontal and vertical eye movements, so as to accurately determine vertical and horizontal components of eye movement signals that may contain a mixture of the vertical and horizontal components, and may further amount to mere application of a known technique to a device (method, or product) ready for improvement to yield predictable results [enable detection of vertical and horizontal components of eye movements] [MPEP § 2143(I)(D)].
Regarding claim 2, Phillips in view of Im teaches
The device according to claim 1, wherein the circuitry comprises an electronic component removably insertable into a compartment on a substrate separate from the unitary-substrate, and wherein the electronic component when inserted into the compartment is in electronic communication with the circuitry [Longer periods are possible, although data capacity and battery life of the logging unit 30 would need to be considered, either by extending them or by providing means to download data and recharge/replace batteries (and preferably alerting the user or an operator when this is needed) (Phillips Col 10, lines 9-10, Figure 2a), wherein the battery of logging unit 30 as depicted in Figure 2a being removable is considered to read on the claimed limitation].
Regarding claim 3, Phillips in view of Im teaches
The device according to claim 1, wherein the circuitry comprises an analog front end and a digital circuit [The electronics underlying the logging unit preferably include a Microcontroller Unit (MCU) and an analogue to digital Front End (FE) (Phillips Col 18, lines 15-16)].
Regarding claim 5, Phillips in view of Im teaches
The device according to claim 3, wherein the digital circuit comprises an analog to digital converter and a microcontroller [Phillips Col 18, lines 15-16].
Regarding claim 6, Phillips in view of Im teaches
The device according to claim 3, wherein the digital circuit further comprises a digital signal processor [MCU is a lower power, 8-bit chip (Phillips Col 18, line 17)].
Regarding claim 7, Phillips in view of Im teaches
The device according to claim 1, wherein the first sensor and the second sensor are configured to sense electrical activity associated with (i) monocular corneo-retinal potential [The sensor electrode array 20 is configured to obtain data on eye movements, by obtaining data on the corneo-retinal potential of the subject (Phillips Col 8, lines 8-10)], (ii) extraocular muscle movement, or (iii) facial muscle movement associated with a single eye.
Regarding claim 8, Phillips in view of Im teaches
The device according to claim 1, wherein the first sensor is positioned on the unitary-substrate such that when placed on a user's face a midpoint of a plane of the first sensor is superior to a transverse (horizontal) plane passing through the center of a first eye, wherein the first eye is one of the right eye or the left eye, and the second sensor is positioned on the unitary-substrate such that when placed on a user's face a midpoint of a plane of the second sensor is positioned temporally to a sagittal plane passing through a pupil of the first eye when looking straight ahead [see Annotated Figure 1].
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Annotated Fig. 1. Wherein as depicted in the portion of Fig. 3 of Phillips above, the first sensor is considered to be positioned on the substrate such that when placed on a user's face a midpoint of a plane of the first sensor is superior to a transverse (horizontal) plane passing through the center of one of the right eye or the left eye [wherein the first sensor being positioned entirely above the eye is considered to read on the claimed limitation, as any horizontal plane that may contain the first sensor is considered to be superior to the transverse plane passing through the center of the left eye], and the second sensor is positioned on the substrate such that when placed on a user's face a midpoint of a plane of the second sensor is positioned temporally to a sagittal plane passing through a pupil of the eye when looking straight ahead [wherein the second sensor being positioned entirely to the left of the eye is considered to read on the claimed limitation, as any vertical plane that may contain the second sensor is considered to be positioned temporally to a sagittal plane passing through a pupil of the left eye].
Regarding claim 9, Phillips in view of Im teaches
The device according to claim 1, further comprising a third sensor, wherein the third sensor is configured to sense head position, head movement, and/or head orientation of the user, and wherein the circuitry is operably coupled to the third sensor [the logging unit 30 includes a 3-axis accelerometer 33 which provides information regarding head movement in terms of yaw, pitch and roll (Phillips Col 8, lines 17-19)].
Regarding claim 10, Phillips in view of Im teaches
The device according to claim 9, wherein the third sensor is an accelerometer [Phillips Col 8, lines 17-19], an inertial mass unit, a magnetometer, a gyroscope, or a combination thereof.
Regarding claim 11, Phillips in view of Im teaches
The device according to claim 9, wherein the device is configured to continuously monitor eye movement and head position, head movement or head orientation [The battery power source 32 is configured to power the wearable monitoring system 10 for a plurality of days whereby data on eye movements of the subject is captured substantially continuously for said plurality of days (Phillips Col 8, lines 12-15)], or wherein the device is configured to monitor eye movement and head position, head movement or head orientation in near real time.
Regarding claim 12, Phillips in view of Im teaches
The device according to claim 9, further comprising:
a storage component operably coupled to the circuitry, wherein the circuitry and the storage component are configured to record eye movement data and head position data, head movement data or head orientation data onto the storage component [The logging unit 30 is configured to communicate with the sensor electrode array 20 to receive the obtained data and record the data in a data store 31 (Phillips Col 8, lines 10-12); The data store 31 records the CRP and accelerometer data for later analysis (Phillips Col 8, lines 19-20)].
Regarding claim 13, Phillips in view of Im teaches
The device according to claim 12, wherein the storage component is a removable memory card [the user returns the system 10 to the clinic where the data will be downloaded from the logging unit 30 and then a computer system and/or operator will interpret the signal. For downloading, the logging unit 30 will preferably be connected to a computer by USB and will appear as a mass storage device on the computer (Phillips Col 11, lines 21-26), wherein the logging unit 30 being removably connected to a computer is considered to read on being a removable memory card].
Regarding claim 14, Phillips in view of Im teaches
The device according to claim 9, further comprising a transmitter operably coupled to the circuitry, wherein the circuitry and the transmitter are configured to transmit eye movement data, head movement data, head position data, head orientation data, or a combination thereof [The data store 31 records the CRP and accelerometer data for later analysis, which could be automated or by a clinician. Analysis is typically by download of the data at the end of the monitoring period, either via a wired data connection to the logging unit 30 or wirelessly (such as via Bluetooth). Optionally, the wearable eye movement monitoring system 30 may continuously or periodically upload data to a remote server instead of or in addition to download at the end of monitoring (Phillips Col 8, lines 19-26)].
Regarding claim 15, Phillips in view of Im teaches
The device according to claim 14, wherein the transmitter is a wireless transmitter, and wherein the circuitry and the wireless transmitter are configured to wirelessly transmit eye movement data and head movement data, head position data or head orientation data [Phillips Col 8, lines 19-26].
Regarding claim 16, Phillips in view of Im teaches
The device according to claim 1, further comprising a photosensor configured to sense ambient light, wherein the circuitry is operably coupled to the photosensor and is configured to detect ambient light based on signals from the photosensor [calibration may consider time of day, periods of sleep (detected from the accelerometer data), and light levels (the logging unit or array may, for example, include a light sensor) (Phillips Col 24, lines 26-28)].
Regarding claim 19, Phillips teaches
A wearable device for monitoring eye movement of a subject, comprising:
first and second sensors configured to sense eye movement of the subject [the sensor electrode array 20 includes a plurality of electrodes 21 mounted in a mount 22 for positioning the electrodes 21 at or about predetermined positions on a subject's head when the mount is worn (Phillips Col 13:3-5, Figs. 2-3), wherein the plurality of electrode 21 on a first (left) mount 22a are considered to define the first sensor and the second sensor; Both mounts preferably contain a single electrode (horizontal channel) positioned near the outer canthi of the eyes. This positioning captures the CRP corresponding to horizontal eye movement. On the left-hand mount, a further two electrodes (vertical channel) are placed above and below the left eye, approximately in line with the outer corner of the eye, to capture vertical eye movement (Phillips Col 14:27-Col 15:3, Fig. 3)]; and
a transmitter configured to transmit a first electrical signal and a second electrical signal sensed by the first and second sensors to remote circuitry configured to receive signals transmitted by the transmitter and to detect monocular horizontal and vertical eye movement based on the first electrical signal and the second electrical signal from the first and second sensors [The data store 31 records the CRP and accelerometer data for later analysis, which could be automated or by a clinician. Analysis is typically by download of the data at the end of the monitoring period, either via a wired data connection to the logging unit 30 or wirelessly (such as via Bluetooth). Optionally, the wearable eye movement monitoring system 30 may continuously or periodically upload data to a remote server instead of or in addition to download at the end of monitoring (Phillips Col 8:19-26); (Phillips Col 14 line 27-Col 15, line 3, Fig. 3, wherein the left mount 22a is considered to detect eye movement of the left eye],
wherein the wearable device is configured to be applied to a single side of a subject’s face during use [attached to the left-hand side of the face (Phillips Col 14:25, Fig. 3)].
However, Phillips fails to explicitly disclose that the remote circuitry is configured to detect monocular horizontal and vertical eye movement based on the first electrical signal and the second electrical signal from the first and second sensors, each signal a linear mixture of horizontal eye movement and vertical eye movement, wherein the remote circuitry comprises an algorithm to decouple each linear mixture into monocular horizontal and vertical eye movements.
Im discloses systems for detecting vertical and horizontal eye movement, wherein Im acknowledges that measurements of vertical eye movement may contain components of horizontal eye movement and vice versa due to imperfect vertical and horizontal eye movement [Since a person cannot accurately move the eyeball horizontally and vertically, a signal component according to the vertical movement of the eye may be included in the first eye conduction signal according to the horizontal movement of the eyeball, and a noise component may also be included. Likewise, a signal component, a noise component, and the like according to the horizontal motion of the eye may be included in the second eye conduction signal according to the vertical motion of the eyeball (Im p. 19 of attached combined foreign reference with translation)], such that sensors employed by systems of Im are considered to measure a linear mixture of horizontal eye movement and vertical eye movement. Im further discloses applying an algorithm to decouple each linear mixture into horizontal and vertical eye movements [As an embodiment, the coefficient generator 220 may generate a first linear coefficient vector that separates the first eye conduction signal into a signal component for horizontal motion, a signal component for vertical motion, and a noise component. A second linear coefficient vector for separating the two-eye conduction signal into a signal component for horizontal motion, a signal component for vertical motion, and a noise component may be generated. In addition, the coefficient generator 220 may use an independent component analysis algorithm (ICA) or a reconstruction independent component analysis (RICA) algorithm that separates various signals from a signal in which various signal components are mixed. The mixed signal can be separated from the obtained target signal, and a linear coefficient vector corresponding to the separated signal is output, and a target signal can be obtained again by applying the linear coefficient vector to the separated signal (Im p. 19)].
As Im indicates that due to imperfect vertical and horizontal eye movements measured signal components of vertical and horizontal eye movements may contain a linear mixture of vertical and horizontal eye movements [Im p. 19], it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Phillips to employ wherein the sensors detect monocular horizontal and vertical eye movement as a first electrical signal and a second electrical signal, each signal a linear mixture of horizontal eye movement and vertical eye movement, wherein the remote circuitry comprises an algorithm to decouple each linear mixture into monocular horizontal and vertical eye movements, so as to accurately determine vertical and horizontal components of eye movement signals that may contain a mixture of the vertical and horizontal components, and may further amount to mere application of a known technique to a device (method, or product) ready for improvement to yield predictable results [enable detection of vertical and horizontal components of eye movements] [MPEP § 2143(I)(D)].
Regarding claim 20, Phillips in view of Im teaches
The device according to claim 19, further comprising:
a third sensor configured to sense head movement, head position or head orientation of the subject [the logging unit 30 includes a 3-axis accelerometer 33 which provides information regarding head movement in terms of yaw, pitch and roll (Phillips Col 8, lines 17-19)]; wherein the transmitter is further configured to transmit signals sensed by the third sensor to remote circuitry configured to receive signals transmitted by the transmitter and to detect head position, orientation and/or movement based on signals from the third sensor [Phillips Col 8, lines 19-26].
Regarding claim 34, Phillips in view of Im teaches
The device according to claim 1, wherein the circuitry comprises an electronic component, and the electronic component is on a substrate separate from the unitary-substrate [Longer periods are possible, although data capacity and battery life of the logging unit 30 would need to be considered, either by extending them or by providing means to download data and recharge/replace batteries (and preferably alerting the user or an operator when this is needed) (Phillips Col 10, lines 9-10, Fig. 2a), wherein the logging unit 30 as depicted in Figure 2a separate from mount 22a is considered to read on the claimed limitation].
Regarding claim 35, Phillips in view of Im teaches
The device according to claim 1, wherein the circuitry is on a substrate separate from the unitary-substrate [Phillips Col 10, lines 9-10, Fig. 2a, wherein the logging unit 30 as depicted in Figure 2a separate from mount 22a is considered to read on the claimed limitation], and the circuitry is operably coupled to the first sensor and the second sensor by a wire [wired connections from the sensor electrode array 20 to the logging unit is preferred to reduce the number of components requiring their own power source (Phillips Col 13, lines 25-27)].
Regarding claim 37, Phillips in view of Im teaches
The device according to claim 1, wherein the circuitry comprises an independent component analysis (ICA) algorithm to decouple the first signal and the second signal into monocular horizontal and vertical eye movements [Im p. 19].
Regarding claim 39, Phillips in view of Im teaches
The device according to claim 1.
However, Phillips in view of Im as presently modified fails to explicitly disclose wherein the first and second sensors share a common electrode.
Phillips does disclose that any number and arrangement of electrodes may be employed [Phillips Col 13:19-21], and further discloses employing a common electrode as a reference electrode [A final electrode is placed on the skin under the right ear, providing a reference voltage from which the other signals are preferably offset (Phillips Col 15:3-5)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Phillips to employ wherein the first and second sensors share a common electrode, so as to provide a reference voltage to offset measuring electrodes of the sensors, and as this modification would amount to mere application of a known technique to a device (method, or product) ready for improvement to yield predictable results [provide a reference voltage] [MPEP § 2143(I)(D)].
Claim(s) 4 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Phillips in view of Im, as applied to claims 3 and 20 above, in further view of Byrd (US-20160256086-A1, previously presented).
Regarding claim 4, Phillips in view of Im teaches
The device according to claim 3.
However, Phillips in view of Im as presently modified fails to explicitly disclose wherein the analog front end comprises a noise filtering circuit and an amplifier circuit.
Phillips does disclose that accelerometer data may be used to eliminate motion artifacts and noise [accelerometer data may be used to improve the data analysis by understanding the wearers posture and activity level. This may be helpful in eliminating motion artefact and noise (e.g. : if a patient is upright and active they are unlikely to be having a dizziness attack) (Phillips Col 22, lines 15-19)]. Phillips also does disclose the typical use of an operation amplifier for amplifying signals produced by electrodes configured to sense voltages indicative of eye movement [For example, horizontal eye movement may be captured by placing sensors at the outer edge of both eyes (outer canthi). When the eyes move to the left, the electrode at the left side receives a positive potential and the electrode at the right becomes negative. An operational amplifier is typically used to amplify the difference between these signals, producing a negative voltage when the eyes look left, or a positive voltage when the eyes look right. When both eyes are looking forward, the potential at both electrodes is approximately the same, and the amplifier produces a voltage close to 0 (Phillips Col 23, lines 13-22)].
Im does disclose determining a noise component in measured eye movement signals [Im p. 19].
Byrd discloses systems for monitoring eye movement [Moreover, since eyes are polarized from the retina to the cornea, the level of the potential, and therefore the EOG, can be affected by movements of the eye. In at least one example, the process can direct the user to look left and then to look right to cause a detectable bioelectric signa (Byrd ¶0070)], wherein Byrd discloses analog circuitry for filtering noise and amplifying signals [the signal collection module 212 controls current provided to electrode(s) composing the sensor(s) 220 to be able to sense bioelectric signals. The signal collection module 212 can be configured to include a signal processing module that removes one or more of noise, motion artifacts, saccade movements, and unwanted bioelectric signals (e.g., EMGs and EKGs if the techniques are isolating EOGs, etc.) from the collected bioelectric signals… the signal processing module is an analog signal processing module (Byrd ¶¶0046-0047); At 504, the illustrative process 500 amplifies the received electrical signal. As discussed above, the device 200 or 302 can include analog signal processing to remove noise, aliasing, motion artifacts, saccade movements, and unwanted bioelectric signals and boost the resulting signal. For example, an anti-aliasing filter can reduce signals of higher frequency aliasing back to the frequency spectrum of the signals of interest. At 506, the illustrative process 500 filters the amplified electrical signals to remove electrical signals with a frequency above or below a predetermined threshold (Byrd ¶0071)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Phillips in view of Im to employ a noise filtering circuit and an amplifier circuit to comprise the analog front end, in order to eliminate motion artifacts and noise [Phillips Col 22, lines 15-19; Im p. 19; Byrd ¶¶0046,0071] and so as to amplify sensed signals to facilitate differentiation of the sensed signals and corresponding movements [Phillips Col 23, lines 13-22; Byrd ¶0071].
Regarding claim 21, Phillips in view of Im teaches
The device according to claim 20, further comprising
a photosensor configured to sense ambient light [calibration may consider time of day, periods of sleep (detected from the accelerometer data), and light levels (the logging unit or array may, for example, include a light sensor) (Phillips Col 24, lines 26-28)];
wherein the transmitter is further configured to detect ambient light based on signals from the photosensor [Phillips Col 24, lines 26-28].
However, Phillips in view of Im fails to explicitly disclose wherein the transmitter is further configured to transmit signals sensed by the photosensor to remote circuitry configured to receive signals transmitted by the transmitter.
Phillips does disclose that the device comprising the transmitter may interface with the photosensor [It will be appreciated that the logging unit could include or interface with other devices or sensors such as blood pressure monitors, heart rate monitors and the like and retrieve data (continuously or during periods identified as potentially relating to an episode) to further augment the data recorded (Phillips ¶0027)], and wherein the transmitter is configured to transmit other signals to remote circuitry configured to receive signals transmitted by the transmitter [At the end of the monitoring period, the user returns the system 10 to the clinic where the data will be downloaded from the logging unit 30 and then a computer system and/or operator will interpret the signal. For downloading, the logging unit 30 will preferably be connected to a computer by USB and will appear as a mass storage device on the computer. Files can then be removed the device as would be normal for any USB storage device (Phillips Col 11, lines 21-27)].
Byrd discloses a wearable device [an example device 200, which can represent client-wearable device(s) 102 (Byrd ¶0029)], wherein the wearable device comprises a photosensor configured to sense ambient light [the sensor(s) 220 also include at least one of an ambient light sensor, a camera, or any other device that can provide contextual data to help facilitate isolation of a particular bioelectric signal of interest by the signal isolation module 214 (Byrd ¶0040)], and wherein the wearable device may transmit collected signals to remote circuitry configured to receive signals transmitted by the transmitter [Furthermore, any of these functions can be accomplished at another device, such as the other client device(s) 104, third-party device(s) 106, and/or distributed computing resource(s) 108. In order for these functions to be accomplished at another device, the device 200 can communicate the collected signal, isolated signal, biological condition or any prerequisite or intermediate data or signal to the other device (Byrd ¶0038)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Phillips in view of Im employ the transmitter to be configured to transmit signals sensed by the photosensor to remote circuitry configured to receive signals transmitted by the transmitter, as this modification would amount to merely applying known techniques [data transmission] to a known device [logging unit 30 comprising a light sensor configured to detect ambient light (Phillips Col 24, lines 26-28)] ready for improvement to yield predictable results [the transmission of sensor data] [MPEP § 2143(I)(D)].
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Phillips in view of Im, as applied to claim 1, in further view of Zeisberg (DE-102017117053-A1, previously presented).
Regarding claim 17, Phillips in view of Im teaches
The device according to claim 1.
However, Phillips in view of Im fails to explicitly disclose wherein the circuitry is further configured to detect torsional eye movements based on signals from the first sensor and the second sensor.
Zeisberg discloses systems for monitoring eye movement of a subject comprising a first sensor and a second sensor configured to be positioned near an eye of the user and configured to sense signals indicative of eye movements, wherein Zeisberg further discloses circuitry operably coupled to the first sensor and the second sensor configured to detect torsional eye movements based on the sensed signals of the firs sensor and the second sensor [This is particularly useful in an embodiment for measuring the torsional eye movement in which a lateral temple electrode is assigned to each eye or each eye recess, as well as an upper comparison electrode arranged above the eye and a lower comparison electrode arranged below the eye. The potential difference between the temple electrode and the upper comparison electrode is then measured and compared with the potential difference between the temple electrode and the lower comparison electrode, and the phase difference of these potential differences is determined. This evaluation of the measured potential curves takes place either directly in hardware, via a microprocessor or in an externally arranged data evaluation, in particular via software (Translated Zeisberg Page 4)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Phillips in view of Im to employ the circuitry being further configured to detect torsional eye movements based on signals from the first sensor and the second sensor, in order to provide additional context to the measured eye movements [Translated Zeisberg Page 4], and wherein the modification is considered to merely apply a known technique [measuring the potential difference between two electrodes positioned around a user’s eye to determine eye torsion (Translated Zeisberg Page 4)] to a known device ready for improvement to yield predictable results [measure eye movement] [MPEP § 2143(I)(D)].
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Phillips in view of Im, as applied to claim 1 above, in further view of Toh (US-6585724-B2).
Regarding claim 38, Phillips in view of Im teaches
The device according to claim 1, wherein the first sensor comprises two electrodes [a further two electrodes (vertical channel) are placed above and below the left eye, approximately in line with the outer corner of the eye, to capture vertical eye movement (Phillips Col 14:29-15:3)].
However, while Phillips discloses that any number and arrangement of electrodes may be employed [it will be appreciated that different numbers of electrodes 21 may be used as well as different positioning (Phillips Col 13:19-21)], Phillips in view of Im fails to explicitly disclose wherein the first sensor comprises two electrodes.
Toh discloses systems for measuring monocular vertical and horizontal eye movements, wherein Toh discloses a first sensor comprising two electrodes for detecting horizontal eye movement and a second sensor comprising two electrodes for detecting vertical eye movements [Reference numerals 55a to 55d denote electrodes, which are attached to the periphery of the eye E using electrode glue or vinyl tape. The electrodes are attached at locations on the orbital margin (orbital rim) and on horizontal and vertical lines which are passed through the pupil of the eye viewing forwardly (Toh Col 5:39-44); The electrodes 55a and 55b for obtaining the horizontal movement of the eyeball are connected to the measuring device 57a via respective cords 56a and 56b and connectors 50, so that the measuring device 57a measures the change in eye position in the horizontal direction as a potential difference. The electrodes 55c and 55d for obtaining the vertical movement of the eyeball are connected to the measuring device 57b via respective cords 56c and 56d and connectors 50, so that the measuring device 57b measures the change in eye position in the vertical direction as a potential difference (Toh Col 5:48-58, Fig. 4)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Phillips in view of Im to employ wherein the first sensor comprises two electrodes, as this modification may amount to mere simple substitution of one known element for another with similar expected results [measuring monocular vertical and horizontal eye movement] [MPEP § 2143(I)(B)].
Response to Arguments
Applicant’s arguments, see Applicant’s Remarks p. 12, filed 14 January 2026, with respect to the previously presented drawing objections have been fully considered and are persuasive. The drawing objections for respective reference characters being used to designate different elements have been withdrawn.
Applicant’s arguments, see Applicant’s Remarks, with respect to the previously presented objection to the specification have been fully considered and are persuasive. The objection to the specification has been withdrawn.
Applicant’s arguments, see Applicant’s Remarks p. 13-20, with respect to the rejection(s) of claim(s) 1, 19, and those dependent therefrom under § 103 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 Phillips (WO-2019224557-A2, previously presented) in view of Im (KR-20210035421-A, effective filing date of 24 September 2019, translation of foreign reference attached).
The Applicant asserts that the previously presented Meroni reference [¶¶0040, 0042-0043, 0045, Figs. 2, 3A-B, 4B] fails to disclose or suggest the previously presented limitation regarding “an electrical signal that is a linear mixture of horizontal eye movement and vertical eye movement”, as the Applicant notes that Meroni discloses that horizonal and vertical movement patterns can only be detected using a binocular embodiment of Meroni that detects both a “Diagonal 1” value associated with one eye and a “Diagonal 2” value associated with the other eye, and not the monocular embodiment of Meroni. The Applicant further notes that Meroni distinguishes between the functional capabilities of the monocular embodiment [blink detection and statistical and spectral analysis of eye activity] and the binocular embodiment [detecting horizontal and vertical eye activity; Applicant places emphasis on Meroni ¶0043, which discloses detecting horizontal and vertical eye activity information using diagonal vectors 1 and 2]. Based on the Applicant’s arguments, the Applicant asserts that Meroni fails to teach the amended limitation “position the first sensor and the second sensor to detect monocular horizontal and vertical eye movement as a first electrical signal and a second electrical signal, each signal a linear mixture of monocular horizontal eye movement and vertical eye movement” and further that “the circuitry comprises an algorithm to decouple each linear mixture into monocular horizontal and vertical eye movements”, and further notes that as Meroni discloses that the derived horizontal and vertical eye movement is based on binocular eye movement, not monocular eye movement [Applicant refers to Diagonal 1 and Diagonal 2 as disclosed in ¶0043 of Meroni]. However, the Examiner notes that Applicant’s arguments with respect to claim(s) 1 and 19 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. Phillips is presently modified by Im, as Im indicates that due to imperfect vertical and horizontal eye movements measured signal components of vertical and horizontal eye movements may contain a linear mixture of vertical and horizontal eye movements [Since a person cannot accurately move the eyeball horizontally and vertically, a signal component according to the vertical movement of the eye may be included in the first eye conduction signal according to the horizontal movement of the eyeball, and a noise component may also be included. Likewise, a signal component, a noise component, and the like according to the horizontal motion of the eye may be included in the second eye conduction signal according to the vertical motion of the eyeball (Im p. 19 of attached combined foreign reference with translation)], such that sensors employed by systems of Im are considered to measure a linear mixture of horizontal eye movement and vertical eye movement. Im further discloses applying an algorithm to decouple each linear mixture into horizontal and vertical eye movements [As an embodiment, the coefficient generator 220 may generate a first linear coefficient vector that separates the first eye conduction signal into a signal component for horizontal motion, a signal component for vertical motion, and a noise component. A second linear coefficient vector for separating the two-eye conduction signal into a signal component for horizontal motion, a signal component for vertical motion, and a noise component may be generated. In addition, the coefficient generator 220 may use an independent component analysis algorithm (ICA) or a reconstruction independent component analysis (RICA) algorithm that separates various signals from a signal in which various signal components are mixed. The mixed signal can be separated from the obtained target signal, and a linear coefficient vector corresponding to the separated signal is output, and a target signal can be obtained again by applying the linear coefficient vector to the separated signal (Im p. 19)].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Chang (“Removing the Interdependency between Horizontal and Vertical Eye-Movement Components in Electrooculograms”, NPL attached) discloses methods for decoupling an electrical signal that is a linear mixture of horizontal eye movement and vertical eye movement into vertical eye movement [Visual inspection of the recorded EOG signals showed that the vertical EOG component is highly influenced by horizontal eye movements, whereas the horizontal EOG is rarely affected by vertical eye movements. Moreover, the results showed that this interdependency could be effectively removed by introducing an individual constant value (Chang p. 1); Experiments conducted with ten participants showed that the horizontal eye movement can influence the vertical EOG component, although the degrees of this interdependency showed large inter-individual variability. Therefore, we proposed a method to eliminate this unwanted interdependency between horizontal and vertical EOG components by introducing an individual constant, which can be readily obtained from a short period of EOG signals recorded during a single “left-to-right” movement (Chang p. 9)]
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 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.
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/SEVERO ANTONIO P LOPEZ/Examiner, Art Unit 3791
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