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 amendments under 37 CFR 1.132 filed 03/23/2026 is sufficient to overcome the rejection of claims 1 and 15 based upon being rejected under 35 U.S.C. 103 as being unpatentable over Gunasekar (WO 2019108968 A1) in view of Kato (US 8400371 B2) and Picht (US 8326396 B2).
Response to Arguments
Applicant’s arguments, see Remarks, filed 03/23/2026, with respect to the rejection(s) of claim(s) 1 and 15 under 35 USC 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 Therefore, the rejection has been withdrawn.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 further in view of Attal (WO 2018162482 A1).
Gunasekar teaches wherein the at least one dry electrode component (Fig 8; electrode tip 144) comprises a holder (Fig 10A; electrode tip body 1000) and a dry electrode assembly (Fig 10A; lateral struts 1002, electrode arms 1004, electrode legs 1006, electrode feet 1008).
Attal further teaches as illustrated on figure 9A, “the at least two non-movable electrode modules 12 comprise a lower part 121 having a central opening and an upper part 122 configured to couple together, at least one attachment means 123 on which at least one flexible band 1 1 is attached, an orifice 124, and at least one electrical connecting means 125, wherein at least one conductive cable 14 extends through the orifice 124, the lower part 121 is configured to receive at least one electrode through the central opening, and the at least one electrical connecting means 125 is configured to be connected to the at least one conductive cable 14 and to the at least one electrode”. Therefore, Attal teaches the interior surface of the electrode holder (122) comprising helical groves to attach the lower part (121).
Regarding claim 6, Attal similarly teaches wherein reciprocating motion of the dry electrode assembly causes angular motion of the dry electrode assembly as the protrusions track the corresponding helical grooves as that would naturally happen when screwing the electrodes in place with the top and bottom grooves.
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 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) 1, 3, 5-6, and 7-15, 17, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gunasekar (WO 2019108968 A1) in view of Kato (US 8400371 B2) and Picht (US 8326396 B2), further in view of Attal (WO 2018162482 A1).
Regarding claim 1, Gunasekar teaches a headset device comprising, a lower band surface (Fig 1-8; first band 121 and 125) comprising an outer surface and an inner surface (Fig 1-8; first band 121), wherein a front portion of the lower band comprises at least one sensor positioned on the inner surface (Fig 1; [0106] a first electrode 140 fixedly mounted to the first band 121 and centered between the left junction 110 and the right junction 112), an upper band (Fig 1; [0108] a fourth band 124 adjustably coupled to and spanning the left junction 110 and the right junction 112 and radially offset from the third band 123) comprising an upper surface and a lower surface (Fig 1; 124), wherein at least one dry electrode ([0108] the fourth set of electrodes including a fourth electrode 154 fixedly coupled to the fourth band 124 and centered between the left junction 110 and the right junction 112) ([0127] The EEG headset 100 includes a set of sense electrodes arranged across the set of bands) component extends from the lower surface of the upper band (Fig 1, 3, and 8; [0129] As shown in Fig. 4, the sense electrode can also be configured to accept interchangeable electrode tips 144), wherein the at least one dry electrode component (Fig 8; electrode tip 144) comprises a holder (Fig 10A; electrode tip body 1000) and a dry electrode assembly (Fig 10A; lateral struts 1002, electrode arms 1004, electrode legs 1006, electrode feet 1008), wherein the upper band is adjustably attached to the lower band ([0120] Figs. 1 and 2, a band 121 includes: a left strap defining a left internal rack 127 (or“toothed strap”) and extending from the left junction 110; a right strap defining a right internal rack 128 and extending from the right junction 112; and a sleeve 126 enclosing the left internal rack 127 and the right internal rack 128) ([0122] the first band 121 can also include a length scale 137 corresponding to discrete lengths (or discrete length sub-ranges) of the first band 121, wherein each length value along the length scale 137 corresponds to a particular electrode position label - in a set of electrode position labels 147 - on a linear rack that couples an adjustable electrode to the first band 121, as described below, as shown in Fig. 2. The first band 121 (and/or the first band adjuster 131) can thus indicate a particular length value - along this length scale 137).
Gunasekar fails to teach wherein at least one arm extends from the lower band, wherein a proximal end of the at least one arm is rotatably attached to the lower band, wherein a distal end of the at least one arm comprises a sensor, wherein a rear portion of the lower band, comprises adjustable straps for adjusting a circumference of the lower band, wherein an interior surface of the holder comprises helical grooves.
However, Kato teaches wherein at least one arm extends from the lower band ([106] the end part of the supporting part 13A on the opposite side from the display part 11 is linked and connected with the end part of the linking part 21A of the mounting part 15A so that bending in the forward-rearward direction is possible), wherein a proximal end of the at least one arm is rotatably attached to the lower band (Fig 6; [103] the end part of the supporting part 13A on the opposite side from the display part 11 is linked to the end part of the linking part 21A of the mounting part 15A via a publicly known hinge mechanism so that swinging is possible), wherein a distal end of the at least one arm comprises a sensor ([195] a contact sensor or distance sensor is attached to some point on the head mounted display main body part 1, preferably the display part 11). It would have been an obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Gunasekar to include wherein at least one arm extends from the lower band, wherein a proximal end of the at least one arm is rotatably attached to the lower band, wherein a distal end of the at least one arm comprises a sensor. Doing so allows for flexibility of placement of the sensors of the user’s head for accurate sensing.
Further, Picht teaches wherein a rear portion of the lower band ([16] The attaching device 2 further includes a third strap 26, a fourth strap 27 and a rotary closure 28 which connects a first end 26a of the third strap 26 and a first end 27a of the fourth strap 27. A second end 26b of the third strap 26 is connected to the first joint 24 and a second end 27b of the fourth strap 27 is connected to the second joint 25. As shown in FIG. 2, the first, third and fourth straps may be connected to form a ring, and, if present, the second strap may be connected to form an arc over the ring. In case of several second straps 22, these may also be connected to from an arc over the ring) comprises adjustable straps for adjusting a circumference of the lower band ([22] The third strap 26 and the fourth strap 27 each have a portion 26d, 27d which extends from the first end 26a, 27a towards the second end 26b, 27b and is formed as a rack-like closure aid. The rotary closure 28 includes an actuator (not shown) cogging the rack-like closure aid and an operating element 31 at a second surface of the rotary closure 28, which connects to the actuator, so that a ring formed by the third and fourth straps 26, 27 and the first strap 21 narrows or widens when the operating element 31 is operated by a user of the attaching device 2). It would have been an obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Gunasekar to include wherein a rear portion of the lower band comprises adjustable straps for adjusting a circumference of the lower band. Doing so allows the device to be sized to different head shapes for accurate sensing.
Furthermore, Attal teaches wherein an interior surface of the holder comprises helical grooves ([Pg 18; Line 13-14] the at least one movable electrode module 13 comprises at least one locking groove and the upper part of the at least one electrode comprises at least one projection configured to fit in said locking groove to fasten the at least one electrode in the at least one movable electrode module 13). It would have been an obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Gunasekar to include wherein an interior surface of the holder comprises helical grooves. Doing so provides a secure and reliable connection for positioning the electrodes.
Regarding claim 3, Gunasekar teaches the headset device of claim 1, wherein a proximal end of the dry electrode assembly comprises radially extending protrusions (Fig 10A; lateral struts 1002, electrode arms 1004, electrode legs 1006, electrode feet 1008).
Regarding claim 5, Gunasekar teaches the headset device of claim 3, but fails to teach wherein each protrusion extends at least partially into a corresponding helical groove. However, Attal teaches wherein each protrusion tracks a corresponding helical groove (Fig 1-2; [Pg 18; Line 13-16] the at least one movable electrode module 13 comprises at least one locking groove and the upper part of the at least one electrode comprises at least one projection configured to fit in said locking groove to fasten the at least one electrode in the at least one movable electrode module 13). It would have been an obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Gunasekar to include wherein each protrusion tracks a corresponding helical groove. Doing so provides a secure and reliable connection for positioning the electrodes.
Regarding claim 6, Gunasekar teaches the headset device of claim 5, but fails to teach wherein reciprocating motion of the dry electrode assembly causes angular motion of the dry electrode assembly as the protrusions track the corresponding helical grooves. However, Attal teaches wherein reciprocating motion of the dry electrode assembly causes angular motion of the dry electrode assembly as the protrusions track the corresponding helical grooves ([Pg 13; Line 15-16] the one movable electrode module 13 comprises a lower part 131 and an upper part 132 configured to couple together in a first position and in a second position, the at least one flexible band 11 passes between said lower 131 and upper 132 parts, and is retained in the first position or free to move in the second position. According to one embodiment, the lower part 131 and the upper part 132 of the at least one movable electrode module 13 couple together by screwing, or by using at least one clip) ([Pg 18; Line 13-15]). It would have been an obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Gunasekar to include wherein reciprocating motion of the dry electrode assembly causes angular motion of the dry electrode assembly as the protrusions track the corresponding helical grooves. Doing so provides a secure and reliable connection for positioning the electrodes and effectively screwing the electrodes in place.
Regarding claim 7, Gunasekar teaches the headset device of claim 6, wherein a spring biases the dry electrode assembly towards an extended position ([0143] a spring element 149 arranged inside the electrode body 142 and configured to bias the electrode tip 144 past the first surface and the second surface toward the median of the lateral axis, as shown in Fig. 8)
Regarding claim 8, Gunasekar teaches the headset device of claim 1, but fails to teach wherein the adjustable straps comprise a first strap and a second strap. However, Picht teaches wherein the adjustable straps (Fig 2; attaching device 2) comprise a first strap and a second strap (Fig 2; 26d and 27d). It would have been an obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Gunasekar to include wherein the adjustable straps comprise a first strap and a second strap. Doing so provides a comfortable fit for different head sizes and shapes.
Regarding claim 9, Gunasekar teaches the headset device of claim 8, but fails to teach wherein the first strap comprises a first opening and the second strap comprises a second opening. However, Picht teaches headset device of claim 8, wherein the first strap comprises a first opening and the second strap comprises a second opening (Fig 2; portions of 26d and 27d). It would have been an obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Gunasekar to include wherein the first strap comprises a first opening and the second strap comprises a second opening. Doing so provides a comfortable fit for different head sizes and shapes.
Regarding claim 10, Gunasekar teaches the headset device of claim 9, but fails to teach wherein the first opening and the second opening overlap. However, Picht teaches wherein the first opening and the second opening overlap (Fig 2; portions of 26d and 27d overlap). It would have been an obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Gunasekar to include wherein the first opening and the second opening overlap. Doing so provides a comfortable fit for different head sizes and shapes.
Regarding claim 11, Gunasekar teaches the headset device of claim 10, but fails to teach wherein teeth of a gear simultaneously engage teeth cut into a lower edge of the first opening and teeth cut into an upper edge of the second opening. However, Picht teaches wherein teeth of a gear simultaneously engage teeth cut into a lower edge of the first opening and teeth cut into an upper edge of the second opening ([22] The third strap 26 and the fourth strap 27 each have a portion 26d, 27d which extends from the first end 26a, 27a towards the second end 26b, 27b and is formed as a rack-like closure aid. The rotary closure 28 includes an actuator (not shown) cogging the rack-like closure aid and an operating element 31 at a second surface of the rotary closure 28, which connects to the actuator, so that a ring formed by the third and fourth straps 26, 27 and the first strap 21 narrows or widens when the operating element 31 is operated by a user of the attaching device 2). It would have been an obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Gunasekar to include wherein teeth of a gear simultaneously engage teeth cut into a lower edge of the first opening and teeth cut into an upper edge of the second opening. Doing so provides a more precise and customizable fit.
Regarding claim 12, Gunasekar teaches the headset device of claim 11, but fails to teach wherein clockwise rotation of the gear extends the first strap and the second strap outwardly in opposing directions thereby increasing the circumference of lower band. However, Picht teaches wherein clockwise rotation of the gear extends the first strap and the second strap outwardly in opposing directions thereby increasing the circumference of lower band ([22] when the attaching device 2 is placed on a head, by rotating the operating element 31 the first strap 21 and the third and fourth straps 26, 27 are fastened on the head or released depending on the rotation direction). It would have been an obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Gunasekar to include wherein clockwise rotation of the gear extends the first strap and the second strap outwardly in opposing directions thereby increasing the circumference of lower band. Doing so provides a simple way for the user to adjust the headset themselves.
Regarding claim 13, Gunasekar teaches the headset device of claim 12, but fails to teach wherein counterclockwise rotation of the gear retracts the first strap and the second strap inwardly in opposing directions thereby decreasing the circumference of lower band. However, Picht teaches wherein counterclockwise rotation of the gear retracts the first strap and the second strap inwardly in opposing directions thereby decreasing the circumference of lower band ([22] when the attaching device 2 is placed on a head, by rotating the operating element 31 the first strap 21 and the third and fourth straps 26, 27 are fastened on the head or released depending on the rotation direction). It would have been an obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Gunasekar to include wherein counterclockwise rotation of the gear retracts the first strap and the second strap inwardly in opposing directions thereby decreasing the circumference of lower band. Doing so provides a simple way for the user to adjust the headset themselves.
Regarding claim 14, Gunasekar teaches the headset device of claim 1, wherein the adjustable attachment comprises a tongue and groove configuration ([0120] Figs. 1 and 2, a band 121 includes: a left strap defining a left internal rack 127 (or “toothed strap”) and extending from the left junction 110; a right strap defining a right internal rack 128 and extending from the right junction 112; and a sleeve 126 enclosing the left internal rack 127 and the right internal rack 128)).
Regarding claim 15, Gunasekar teaches a method comprising, configuring a headset device for detection of electrical signals (Figs. 1-8, a headset 100 for collecting biosignal data), wherein the headset device includes a lower band (Fig 1-8; first band 121 and 125) and upper band (Fig 1; [0108] a fourth band 124 adjustably coupled to and spanning the left junction 110 and the right junction 112 and radially offset from the third band 123), wherein the lower band comprising an outer surface and an inner surface (Fig 1-8; first band 121), wherein a front portion of the lower band comprises at least one sensor positioned on the inner surface (Fig 1; [0106] a first electrode 140 fixedly mounted to the first band 121 and centered between the left junction 110 and the right junction 112), wherein the upper band comprises an upper surface and a lower surface (Fig 1; [0108] a fourth band 124), wherein the upper band is adjustably attached to the lower band ([0120] Figs. 1 and 2, a band 121 includes: a left strap defining a left internal rack 127 (or“toothed strap”) and extending from the left junction 110; a right strap defining a right internal rack 128 and extending from the right junction 112; and a sleeve 126 enclosing the left internal rack 127 and the right internal rack 128) ([0122] the first band 121 can also include a length scale 137 corresponding to discrete lengths (or discrete length sub-ranges) of the first band 121, wherein each length value along the length scale 137 corresponds to a particular electrode position label - in a set of electrode position labels 147 - on a linear rack that couples an adjustable electrode to the first band 121, as described below, as shown in Fig. 2. The first band 121 (and/or the first band adjuster 131) can thus indicate a particular length value - along this length scale 137); configuring a first coupling of at least one dry electrode component to the upper band ([0108] the fourth set of electrodes including a fourth electrode 154 fixedly coupled to the fourth band 124 and centered between the left junction 110 and the right junction 112) ([0127] The EEG headset 100 includes a set of sense electrodes arranged across the set of bands), wherein the first coupling comprises the at least one dry electrode component extending from the lower surface of the upper band (Fig 1, 3, and 8; [0129] As shown in Fig. 4, the sense electrode can also be configured to accept interchangeable electrode tips 144), wherein the at least one dry electrode component (Fig 8; electrode tip 144) comprises a holder (Fig 10A; electrode tip body 1000) and a dry electrode assembly (Fig 10A; lateral struts 1002, electrode arms 1004, electrode legs 1006, electrode feet 1008).
Gunasekar fails to teach wherein a rear portion of the lower band comprises adjustable straps for adjusting a circumference of the lower band, wherein an interior surface of the holder comprises helical grooves; configuring a second coupling of at least one sensor arm to the lower band, wherein the second coupling comprises the at least one sensor arm extending from the lower band, wherein a proximal end of the at least one sensor arm is rotatably attached to the lower band, wherein a distal end of the at least one sensor arm comprises a sensor.
However, Picht teaches wherein a rear portion of the lower band ([16] The attaching device 2 further includes a third strap 26, a fourth strap 27 and a rotary closure 28 which connects a first end 26a of the third strap 26 and a first end 27a of the fourth strap 27. A second end 26b of the third strap 26 is connected to the first joint 24 and a second end 27b of the fourth strap 27 is connected to the second joint 25. As shown in FIG. 2, the first, third and fourth straps may be connected to form a ring, and, if present, the second strap may be connected to form an arc over the ring. In case of several second straps 22, these may also be connected to from an arc over the ring) comprises adjustable straps for adjusting a circumference of the lower band ([22] The third strap 26 and the fourth strap 27 each have a portion 26d, 27d which extends from the first end 26a, 27a towards the second end 26b, 27b and is formed as a rack-like closure aid. The rotary closure 28 includes an actuator (not shown) cogging the rack-like closure aid and an operating element 31 at a second surface of the rotary closure 28, which connects to the actuator, so that a ring formed by the third and fourth straps 26, 27 and the first strap 21 narrows or widens when the operating element 31 is operated by a user of the attaching device 2). It would have been an obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Gunasekar to include wherein a rear portion of the lower band comprises adjustable straps for adjusting a circumference of the lower band. Doing so allows the device to be sized to different head shapes for accurate sensing.
Further, Kato teaches configuring a second coupling of at least one sensor arm to the lower band ([106] the end part of the supporting part 13A on the opposite side from the display part 11 is linked and connected with the end part of the linking part 21A of the mounting part 15A so that bending in the forward-rearward direction is possible), wherein the second coupling comprises the at least one sensor arm extending from the lower band (Fig 6; [103] the end part of the supporting part 13A on the opposite side from the display part 11 is linked to the end part of the linking part 21A of the mounting part 15A via a publicly known hinge mechanism so that swinging is possible), wherein a proximal end of the at least one sensor arm is rotatably attached to the lower band (Fig 6; [103] the end part of the supporting part 13A on the opposite side from the display part 11 is linked to the end part of the linking part 21A of the mounting part 15A via a publicly known hinge mechanism so that swinging is possible), wherein a distal end of the at least one sensor arm comprises a sensor ([195] a contact sensor or distance sensor is attached to some point on the head mounted display main body part 1, preferably the display part 11). It would have been an obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Gunasekar to include configuring a second coupling of at least one sensor arm to the lower band, wherein the second coupling comprises the at least one sensor arm extending from the lower band, wherein a proximal end of the at least one sensor arm is rotatably attached to the lower band, wherein a distal end of the at least one sensor arm comprises a sensor. Doing so allows for flexibility of placement of the sensors of the user’s head for accurate sensing.
Furthermore, Attal teaches wherein an interior surface of the holder comprises helical grooves ([Pg 18; Line 13-14] the at least one movable electrode module 13 comprises at least one locking groove and the upper part of the at least one electrode comprises at least one projection configured to fit in said locking groove to fasten the at least one electrode in the at least one movable electrode module 13). It would have been an obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Gunasekar to include wherein an interior surface of the holder comprises helical grooves. Doing so provides a secure and reliable connection for positioning the electrodes.
Regarding claim 17, Gunasekar teaches the method of claim 15, wherein a proximal end of the dry electrode assembly comprises radially extending protrusions (Fig 10A; lateral struts 1002, electrode arms 1004, electrode legs 1006, electrode feet 1008).
Regarding claim 19, Gunasekar teaches the method of claim 17, but fails to teach wherein each protrusion extends at least partially into a corresponding helical groove. However, Attal teaches wherein each protrusion tracks a corresponding helical groove (Fig 1-2; [Pg 18; Line 13-16] the at least one movable electrode module 13 comprises at least one locking groove and the upper part of the at least one electrode comprises at least one projection configured to fit in said locking groove to fasten the at least one electrode in the at least one movable electrode module 13). It would have been an obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Gunasekar to include wherein each protrusion tracks a corresponding helical groove. Doing so provides a secure and reliable connection for positioning the electrodes.
Regarding claim 20, Gunasekar teaches the method of claim 19, but fails to teach wherein reciprocating motion of the dry electrode assembly causes angular motion of the dry electrode assembly as the protrusions track the corresponding helical grooves. However, Attal teaches wherein reciprocating motion of the dry electrode assembly causes angular motion of the dry electrode assembly as the protrusions track the corresponding helical grooves ([Pg 13; Line 15-16] the one movable electrode module 13 comprises a lower part 131 and an upper part 132 configured to couple together in a first position and in a second position, the at least one flexible band 11 passes between said lower 131 and upper 132 parts, and is retained in the first position or free to move in the second position. According to one embodiment, the lower part 131 and the upper part 132 of the at least one movable electrode module 13 couple together by screwing, or by using at least one clip) ([Pg 18; Line 13-15]). It would have been an obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Gunasekar to include wherein reciprocating motion of the dry electrode assembly causes angular motion of the dry electrode assembly as the protrusions track the corresponding helical grooves. Doing so provides a secure and reliable connection for positioning the electrodes.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEIGH LAUREN KERN whose telephone number is (703)756-4577. The examiner can normally be reached 7:30 am - 4:30 pm.
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/ASHLEIGH LAUREN KERN/Examiner, Art Unit 3794
/ADAM Z MINCHELLA/Primary Examiner, Art Unit 3794
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