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 Arguments
Applicant's arguments filed 12/5/25 have been fully considered but they are not persuasive. Re amended claim 56, applicant argues that the applied art does not teach calculating a speech delay time. However, as mentioned in the previous office action speech delay is a symptom of aphasia due to stroke, as set forth in the cited American Stroke Association publication. Additional evidence of speech delay associated with aphasia due to stroke can be found in at least ¶6, and 82-91 of newly cited Webb (2019/0304329). One of ordinary skill in the art is considered to appreciate that speech delay is a symptom of brain damage due to stroke. Further, ‘calculating a speech delay time’, as suggested in the previous office action, is considered to be done in the physician’s head. The physician is expected to know what is considered to be an excessively long delay in speech and which is not. Automating such calculation is obvious over the manual activity of thinking about the delay of the stroke victim’s speech; see MPEP 2144.04. Further, at least ¶72,84-88 of Kostic teaches comparison of baseline speech samples with subsequent samples of speech to see if there is a difference beyond a threshold. As suggested in the previous office action, baseline speech delay time would be compared with subsequent speech to see if the patient had a stroke. Further, as mentioned in the previous office action, time of stroke detection is stored, which is considered to be ‘logging an occurrence’ is taught in at least ¶129 of Tran.
Claim Rejections - 35 USC § 103
Claim(s) 56 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tran (2008/0001735) and American Stroke Association publication, and further in view of Kostic et al (2017/0007167).
56. (Currently Amended) A method of monitoring an ear-wearable device wearer for an occurrence of an anoxic or hypoxic neurological injury comprising: gathering signals from one or more of a microphone, a motion sensor, or another sensor of an ear-wearable device; (see at least ¶290,252 of Tran)
and monitoring the signals to detect a pattern or patterns indicative of an occurrence of an anoxic or hypoxic neurological injury, the pattern comprising long delays in speech: (see at least ¶252 of Tran which teaches detecting stroke by a patient’s troubled speaking. As mentioned in the previous office action, stroke can cause aphasia which can result in delayed speech, see American Stroke Association publication cite previously, and the Webb reference, ¶6,82-91 mentioned supra.)
calculating a baseline speech delay time; detecting a speech delay that is over the baseline speech delay time by a predetermined amount; and logging an occurrence of an anoxic or hypoxic neurological injury. (‘calculating a speech delay time’, as suggested in the previous office action, is considered to be done in the physician’s head. The physician is expected to know what is considered to be an excessively long delay in speech and which is not. See comments supra, re American Stroke Association publication and Webb. Automating such calculation is obvious over the manual activity of thinking about the delay of the stroke victim’s speech; see MPEP 2144.04. Further, at least ¶72,84-88 of Kostic teaches comparison of baseline speech samples with subsequent samples of speech to see if there is a difference beyond a threshold. As suggested in the previous office action, baseline speech delay time would be compared with subsequent speech to see if the patient had a stroke. It would have been obvious have been obvious to use the comparison with baseline step of Kostic with the device of Tran since it would enable the physician to quickly determine if the patient is has experiences brain damage from a stroke in a predictable manner. Further, as mentioned in the previous office action, time of stroke detection is stored, which is considered to be ‘logging an occurrence’ is taught in at least ¶129 of Tran.)
Allowable Subject Matter
Claims 1,3-9,16,17,26,28,29,31,88,89,91 are allowed.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/Scott M. Getzow/ Primary Examiner, Art Unit 3792