DETAILED ACTION
This action is pursuant to the claims filed on 03/02/2026. Claims 31, 33-34, 37-42, 45-48, 51-57 are pending. A first action on the merits of claims 31, 33-34, 37-42, 45-48, 51-57 is as follows.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/02/2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/02/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 31, 33-34, 37-42, 45-48, 51-57 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 31 recites the limitation "the second body member" in lines 6-7. There is insufficient antecedent basis for this limitation in the claim. This limitation will be interpreted as the lower body member. Claims 33-34, 37-42, 45, 54, and 56 inherit this deficiency.
Claim 46 recites the limitation "the second body member" in lines 9-10. There is insufficient antecedent basis for this limitation in the claim. This limitation will be interpreted as the lower body member. Claims 47-48, 51-53, 55, and 57 inherit this deficiency.
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.
Claim(s) 31, 37-39, 41-42, 45-48, 51-53, and 56-57 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bordoley (U.S. Patent No. 9,408,575) in view of Sackellares (WO 2014/152806).
Regarding claim 31, Bordoley teaches An electrode assembly for measuring EEG signals comprising: an electrode body, the electrode body comprising an upper body member at least partially defining a reservoir for containing a conductive fluid or gel (Fig 4A and Col 20 lines 30-33, plastic sleeve of reservoir 308 contains conductive fluid), a lower body member comprising an elongate element, the elongate element having an aperture in fluid communication with the reservoir (Fig 4A, channel 408 and frangible seal 406 define lower body member defining an elongate element with an aperture in fluid communication with reservoir 308), and a flexible electrode (Fig 4A, foam or sponge plug 310 is flexible); and a skirt comprising a compressible material coupled to one or more of the second body member or the flexible electrode (see Fig 3 and modified Fig 4a below, skirt structure interpreted as band-type structure attached to and surrounding (i.e., a skirt) the electrode body and comprising absorbent band 416 and absorbent O-ring 414 (i.e., compressible materials)), wherein the electrode body is configured to receive EEG signals from a patient (See Figs 1-3, electrode assemblies of device are for EEG acquisition).
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Bordoley fails to teach wherein the lower body member comprises a plurality of elongate elements, each of the plurality of elongate elements having an aperture in fluid communication with the reservoir.
In related prior art, Sackellares teaches a similar electrode assembly wherein a similar lower body comprises a plurality of elongate elements (Figs 1-2, hollow contact probes 2), each of the plurality of elongate elements having an aperture in fluid communication with the reservoir (Figs 1-2 and Pg 9 line 20 – Pg 10 line 20; probes 2 are hollow and in fluid communication with reservoir 1). Therefore 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 lower body of Bordoley in view of Sackellares to incorporate the plurality of elongate elements in fluid communication with the reservoir. Providing a plurality of elongate members advantageously allows the elongate members to better protrude through hair to create better skin-electrode contact for EEG use (Pg 9 lines 14-15).
Regarding claim 37, in view of the combination of claim 31 above, Sackellares further teaches wherein each of the plurality of elongate elements comprises a conductive material (Fig 2 and Pg 9 lines 24-25; reservoir 1 is conductive and Fig 2 shows probes 2 are formed from same material as reservoir 1).
Regarding claims 38, in view of the combination of claim 31 above, Bordoely further teaches wherein the upper body member and the skirt are coaxial (Figs 3-4A, sleeve of reservoir 308 is coaxial with skirt surrounding said reservoir and electrode assembly).
Regarding claims 39, in view of claim 31 above, Bordoely further teaches wherein the reservoir comprises the conductive fluid or gel (Fig 4A, reservoir 308 contains conductive fluid or gel).
Regarding claims 41, in view of claim 31 above, Bordoely further teaches wherein the upper body member and lower body member have a cylindrical shape (see Fig 4a, cylindrical shaped of sleeve of reservoir 308 and delivery channel 408 defining rigid first body member and second body member respectively).
Regarding claims 42, in view of claim 31 above, Bordoely further teaches wherein the skirt comprises a bottom opening configured to dispense the conductive fluid or gel to a skin surface of the patient (Fig 4A, bottom opening of skirt to receive foam plug 310 allows for conductive fluid to dispense to a skin surface).
Regarding claim 45, in view of claim 31 above, Bordoley further teaches an accelerometer (Col 4 lns 23-30, disclosing accelerometers).
Regarding claim 46, Bordoley teaches A wearable sensor apparatus for measuring EEG signals comprising: a plurality of electrode assemblies spaced apart on a carrier backing (Fig 3 plurality of electrode assemblies 302 on a carrier backing), wherein each of the plurality of electrode assemblies comprises: an electrode body, the electrode body comprising an upper body member at least partially defining a reservoir for containing a tissue conductive fluid or gel (Fig 4A and Col 20 lines 30-33, plastic sleeve of reservoir 308 contains conductive fluid; the plastic sleeve of a plunger assembly is a rigid material), a lower body member comprising an elongate element, the elongate element having an aperture in fluid communication with the reservoir (Fig 4A, channel 408 and frangible seal 406 define lower body member defining an elongate element with an aperture in fluid communication with reservoir 308) and a flexible electrode (Fig 4A, foam or sponge plug 310 is flexible); and a skirt comprising a compressible material coupled to one or more of the second body member or the flexible electrode (see Fig 3 and modified Fig 4a above, skirt structure interpreted as band-type structure attached to and surrounding (i.e., a skirt) the electrode body), wherein the electrode body is configured to receive EEG signals from a patient (See Figs 1-3, electrode assemblies of device are for EEG acquisition).
Bordoley fails to teach wherein the lower body member comprises a plurality of elongate elements, each of the plurality of elongate elements having an aperture in fluid communication with the reservoir.
In related prior art, Sackellares teaches a similar electrode assembly wherein a similar lower body comprises a plurality of elongate elements (Figs 1-2, hollow contact probes 2), each of the plurality of elongate elements having an aperture in fluid communication with the reservoir (Figs 1-2 and Pg 9 line 20 – Pg 10 line 20; probes 2 are hollow and in fluid communication with reservoir 1). Therefore 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 lower body of Bordoley in view of Sackellares to incorporate the plurality of elongate elements in fluid communication with the reservoir. Providing a plurality of elongate members advantageously allows the elongate members to better protrude through hair to create better skin-electrode contact for EEG use (Pg 9 lines 14-15).
Regarding claim 47, in view of claim 46 above, Bordoley further teaches wherein the carrier backing comprises a headband configured to be placed around the around the head of a patient (see Fig 3).
Regarding claim 48, in view of claim 46 above, Bordoley further teaches wherein the carrier backing comprises headgear configured to be placed over the head of a patient (see Fig 3).
Regarding claim 51, in view of the combination of claim 46 above, Sackellares further teaches wherein each of the plurality of elongate elements comprises a conductive material (Fig 2 and Pg 9 lines 24-25; reservoir 1 is conductive and Fig 2 shows probes 2 are formed from same material as reservoir 1).
Regarding claims 52, in view of the combination of claim 46 above, Jacobsen further teaches wherein the reservoir comprises the conductive fluid or gel (Fig 4A, reservoir 308 contains conductive fluid or gel).).
Regarding claim 53, in view of the combination of claim 46 above, Bordoley further teaches an accelerometer (Col 4 lns 23-30, disclosing accelerometers).
Regarding claim 56-57, in view of the combination of claims 31 and 46 respectively as stated above, Sackellares further wherein each of the plurality of elongate elements comprises an elastomer (Fig 2 and Pg 9 lines 24-25; reservoir 1 is conductive elastomer and Fig 2 shows probes 2 are formed from same material as reservoir 1).
This embodiment of Sackellares fails to teach the material as a thermoplastic elastomer.
However, an alternative embodiment of Sackellares discloses the use of a thermoplastic elastomer (Pg 16 lines 24-25 disclosing elastomeric plastic). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Bordoley in view of Sackellares to incorporate the plurality of elongate elements with a thermoplastic elastomer material selection to arrive at claims 56-57. Doing so would be obvious to one of ordinary skill in the art as the use of thermoplastic elastomers is well-known in the art to yield the predictable result of a flexible material (Pg 9 lines 24-25, Pg 10 lines 9-12, and Pg 16 lines 24-25 disclosing similar properties of thermoset (rubber) elastomer and thermoplastic elastomers).
Claim(s) 33-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bordoley in view of Sackellares, and in further view of Schlottau (U.S. PGPub No. 2013/0104288).
Regarding claims 33-34, Bordoley/Sackellares teaches the device of claim 31 as stated above.
Bordoley fails to teach wherein the compressible material comprises an elastomeric material.
In related prior art, Schlottau teaches a similar device comprising a headband material comprising an elastomeric lining configured to provide a high coefficient of friction between the headband and the patient ([0081]). Therefore 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 compressible material of the headband of the skirt of Bordoley in view of Schlottau to incorporate an elastomeric material to arrive at claims 33-34. Doing so would advantageously provide a material selection with a relatively high coefficient of friction between the patient to ensure the device remains in place on a user’s head ([0081]).
Claim(s) 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bordoley in view of Sackellares, and in further view of Levendowski (U.S. Patent 6,161,030).
Regarding claim 40, the Bordoley/Sackellares combination teaches the device of claim 31 as stated above.
Bordoley fail to explicitly teach wherein the upper body member and lower body member are configured to telescope relative to one another in response to the increase in force.
In related prior art, Levendowski teaches a similar electrode assembly comprising a first body member (Figs 3-4, electrode 16) wherein the first and second body members are configured to telescope relative to one another in response to the increase in force applied to the rigid first body member (Figs 3-4 electrode 16 telescopes with respect to fingers 64). Therefore 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 Bordoley in view of Sackellares and Levendowski to incorporate the first rigid body member the second body member to telescope relative to one another to arrive at the device of claim 40. Doing so would have been an obvious matter of design choice to one having ordinary skill in the art since applicant has not disclosed that the telescoping of the first and second body members solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with dispensing and compressing mechanism of the Bordoley device.
Claim(s) 54-55 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bordoley in view of Sackellares, and in further view of Tatoian (U.S. Patent No. 3,587,565).
Regarding claims 54-55, Bordley/Sackellares teaches the device of claims 31 and 46 as stated above.
Bordoley fails to teach wherein the flexible electrode comprises a flexible loop electrode.
In related prior art, Tatoian teaches a similar device comprising a flexible electrode wherein the flexible electrode is a flexible loop electrode (Figs 1-5 and Col 2 lines 64-67, foam 21 is an annular loop to receive conductive gel therein to ensure good electrical contact). Therefore 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 electrode of Bordoley in view of Sackellares and Tatoian to incorporate the loop flexible electrode with a plurality of elongate elements to arrive at claims 54-55 respectively. Doing so would be a simple substitution of one-well-known flexible foam electrode configuration (Bordoley Fig 4A, foam plug 310) for another well-known flexible foam electrode configuration (Tatolan Figs 1-5, loop foam 21) to yield the predictable result of maintaining conductive gel or fluid at a contact site to ensure good conductivity between the skin and the sensor.
Conclusion
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/ADAM Z MINCHELLA/Primary Examiner, Art Unit 3794