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 Arguments
The amendment filed 11/20/2025 has been entered. Claims 1-20 remain pending in the application. Applicant’s amendments to the claims 1-9, 11-18 and 20 have overcome the statutory double patent rejection; however, there is now a nonstatutory double patenting rejection present which can overcome with a TD, and claims 1-20 have overcome the 112b rejection set forth in the Non-final Office Action mailed 08/27/2025.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 2, 5, 7-9, 12 and 14-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 5, 7-9, 12 and 14-18 of U.S. Patent No. 11432770. Although the claims at issue are not identical, they are not patentably distinct from each other, see below.
Application 18/220,216
Patent Number 11432770
Claim 1. A method comprising: selecting a first subset of sense electrodes, in a set of sense electrodes integrated into an electroencephalography headset, corresponding to a set of channels of; selecting a second subset of sense electrodes, in the set of sense electrodes, differing from the first subset of sense electrodes; during a test period outputting a drive signal through a driven electrode integrated into the electroencephalography headset, the drive signal comprising an alternating- current component oscillating at a reference frequency and a direct-current component reading a first set of sense signals from the first subset of sense electrodes; reading a second set of sense signals from the second subset of sense electrodes; adjusting the direct-current component of the drive signal according to the first subset of sense signals; calculating a virtual reference signal as a function of the second set of sense signals; and recording differences between the first set of sense signals and the virtual reference signal.
1. A method comprising: receiving selection of a set of channels of interest; selecting a first subset of sense electrodes, in a set of sense electrodes integrated into an electroencephalography headset, corresponding to the set of channels of interest; selecting a second subset of sense electrodes, in the set of sense electrodes, differing from the first subset of sense electrodes; during a test period, outputting a drive signal through a driven electrode integrated into the electroencephalography headset, the drive signal comprising an alternating-current component oscillating at a reference frequency and a direct-current component; over a first duration of a test period: reading a first set of sense signals from the first subset of sense electrodes; reading a second set of sense signals from the second subset of sense electrodes; adjusting the direct-current component of the drive signal according to a first linear combination of the first subset of sense signals; calculating a virtual reference signal as a function of the second set of sense signals; and recording differences between the first set of sense signals and the virtual reference signal.
Claim 2. The method of Claim 1: further comprising receiving selection of an electroencephalography test specifying the set of channels; and wherein selecting the second subset of sense electrodes comprises selecting the second subset of sense electrodes distinct from and remotely located from the first subset of electrodes on the electroencephalography headset.
Claim 2. The method of claim 1: wherein receiving selection of the set of channels of interest comprises receiving selection of an electroencephalography test specifying the set of channels of interest; and wherein selecting the second subset of sense electrodes comprises selecting the second subset of sense electrodes distinct from and remotely located from the first subset of electrodes on the electroencephalography headset.
Claim 5. The method of Claim 4, further comprising, in response to detecting abnormal contact between the user's skin and a proportion of sense electrodes, in the second subset of sense electrodes, exceeding a threshold proportion: generating an electronic notification to adjust the second sense electrode in the second subset of sense electrodes; and transmitting the electronic notification to a
Claim 5. The method of claim 4, further comprising, in response to detecting abnormal contact between the user's skin and a proportion of sense electrodes, in the second subset of sense electrodes, exceeding a threshold proportion: generating an electronic notification comprising a prompt to adjust the second sense electrode in the second subset of sense electrodes; and transmitting the electronic notification to an external computing device accessible by a biosignal test administrator.
Claim 7. The method of Claim 6, further comprising: calculating a first virtual reference signal as a function of the second set of sense signals read from the second subset of sense electrodes; calculating a second virtual reference signal as a function of the second set of sense signals read from the second subset of sense electrodes less the second sense electrode; and during the test period, calculating a first composite sense signal by subtracting the reference signal from a first sense signal read by a first sense electrode in the first subset of sense electrode; and storing the first composite sense signal in a digital electroencephalography test result file.
7. The method of claim 6, further comprising: from the first time to the second time, calculating a first virtual reference signal as a function of the second set of sense signals read from the second subset of sense electrodes; following the second time, calculating a second virtual reference signal as a function of the second set of sense signals read from the second subset of sense electrodes less the second sense electrode; and during the test period, calculating a first composite sense signal by subtracting the reference signal from a first sense signal read by a first sense electrode in the first subset of sense electrode; and storing the first composite sense signal in a digital electroencephalography test result file.
Claim 8. The method of Claim 7, further comprising: calculating a third virtual reference signal as a function of the second set of sense signals read from the second subset of sense electrodes less the second sense electrode; and in response to the second reference signal excluding a first signal component oscillating at the reference frequency and comprising a second signal component oscillating at an ambient frequency: detecting abnormal contact between the user's skin and the driven electrode; generating an electronic notification to adjust the first sense electrode; and transmitting the electronic notification to a computing device accessible by a biosignal test administrator.
8. The method of claim 7, further comprising: following the third time, calculating a third virtual reference signal as a function of the second set of sense signals read from the second subset of sense electrodes less the second sense electrode; and in response to the second reference signal excluding a first signal component oscillating at the reference frequency and comprising a second signal component oscillating at an ambient frequency: detecting abnormal contact between the user's skin and the driven electrode; generating an electronic notification comprising a prompt to adjust the first sense electrode; and transmitting the electronic notification to an external computing device accessible by a biosignal test administrator.
Claim 9. The method of Claim 6, further comprising: in response to a first sense signal read from a first sense electrode in the first subset of sense electrodes excluding a first signal component oscillating at the reference frequency at a third time succeeding the second time, detecting abnormal contact between the user's skin and the first sense electrode; in response to detecting abnormal contact between the user's skin and the first sense electrode: generating an electronic notification to adjust the first sense electrode; and transmitting the electronic notification to a computing device accessible by a biosignal test administrator.
Claim 9. The method of claim 6, further comprising: in response to a first sense signal read from a first sense electrode in the first subset of sense electrodes excluding a first signal component oscillating at the reference frequency at a third time succeeding the second time, detecting abnormal contact between the user's skin and the first sense electrode; in response to detecting abnormal contact between the user's skin and the first sense electrode: generating an electronic notification comprising a prompt to adjust the first sense electrode; and transmitting the electronic notification to an external computing device accessible by a biosignal test administrator.
12. The method of Claim 6, further comprising:receiving selection of the set of channels for a first electroencephalography test of a first duration; receiving selection of a second set of channels for a second electroencephalography test of a second duration, the second set of channels different from the first set of channels; selecting a third subset of sense electrodes, in the set of sense electrodes, corresponding to the second set of channels; selecting a fourth subset of sense electrodes, in the set of sense electrodes, differing from the third subset of sense electrodes; over the first duration within the test period, writing the first set of sense signals to a first digital electroencephalography test result file corresponding to the first electroencephalography test; in response to conclusion of the first duration within the test period, transitioning to reading a third set of sense signals from the third subset of sense electrodes; and over the second duration within the test period succeeding the first duration, writing the third set of sense signals to a digital electroencephalography test result file corresponding to the second electroencephalography test.
12. The method of claim 6: wherein receiving selection of the set of channels of interest comprises receiving selection of the set of channels of interest for a first electroencephalography test of a first duration; further comprising receiving selection of a second set of channels of interest for a second electroencephalography test of a second duration, the second set of channels of interest different from the first set of channels of interest; selecting a third subset of sense electrodes, in the set of sense electrodes, corresponding to the second set of channels of interest; selecting a fourth subset of sense electrodes, in the set of sense electrodes, differing from the third subset of sense electrodes; over the first duration within the test period, writing the first set of sense signals to a first digital electroencephalography test result file corresponding to the first electroencephalography test; in response to conclusion of the first duration within the test period, transitioning to reading a third set of sense signals from the third subset of sense electrodes; and over the second duration within the test period succeeding the first duration, writing the third set of sense signals to a digital electroencephalography test result file corresponding to the second electroencephalography test.
13. The method of Claim 6, further comprising, during the test period calculating a first linear combination of the first set of sense signals; calculating a first direct-current value based on the first linear combination and the direct current component of the drive signal; and shifting the direct-current component of the drive signal output by the driven electrode to the first direct-current value.
13. The method of claim 6, further comprising, at approximately the first time: calculating a first linear combination of the first set of sense signals; calculating a first direct-current value comprising a sum of the first linear combination and the direct-current component of the drive signal; and shifting the direct-current component of the drive signal output by the driven electrode to the first direct-current value.
14. The method of Claim 13: further comprising: calculating a second linear combination of the first set of sense signals and the second set of sense signals less the second sense signal; calculating a second direct current value based on the sense linear combination and the direct-current component of the drive signal; and shifting the direct-current component of the drive signal output by the driven electrode to the second direct-current value.
14. The method of claim 13: wherein calculating the first linear combination comprises calculating the first linear combination of the first set of sense signals and the second set of sense signals at approximately the first time; further comprising, at approximately the second time: calculating a second linear combination of the first set of sense signals and the second set of sense signals less the second sense signal; calculating a second direct-current value comprising a sum of the sense linear combination and the direct-current component of the drive signal; and shifting the direct-current component of the drive signal output by the driven electrode to the second direct-current value.
15. The method of Claim 13, further comprising: in response to a first sense signal read from a first sense electrode in the first subset of sense electrodes excluding a first signal component oscillating at the reference frequency, detecting abnormal contact between the user's skin and the first sense electrode; calculating a third linear combination of the first set of sense signals less the first sense signal; calculating a third direct-current value based on the third linear combination and the direct-current component of the drive signal; and shifting the direct-current component of the drive signal output by the driven electrode to the third direct-current value.
15. The method of claim 13, further comprising: in response to a first sense signal read from a first sense electrode in the first subset of sense electrodes excluding a first signal component oscillating at the reference frequency at a third time succeeding the second time, detecting abnormal contact between the user's skin and the first sense electrode; at approximately the third time: calculating a third linear combination of the first set of sense signals less the first sense signal; calculating a third direct-current value comprising a sum of the third linear combination and the direct-current component of the drive signal; and shifting the direct-current component of the drive signal output by the driven electrode to the third direct-current value.
16. The method of Claim 6, further comprising:, prior to the test period; and in response to receipt of manual selection of the set of channels, activating each sense electrode in the first subset of sense electrodes.
16. The method of claim 6: wherein receiving the selection of the set of channels of interest comprises receiving manual selection of the set of channels of interest, in a set of channels supported by the electroencephalography headset, during the test period; and further comprising, in response to receipt of manual selection of the set of channels of interest, activating each sense electrode in the first subset of sense electrodes.
17. A method comprising: selecting a first subset of sense electrodes, in a set of sense electrodes integrated into an electroencephalography headset, corresponding to a set of channels; during a test period, outputting a drive signal through a driven electrode integrated into the electroencephalography headset worn by a user, the drive signal comprising an alternating-current component oscillating at a reference frequency and a direct- current component; over a first duration within the test period: reading a first set of sense signals from the first subset of sense electrodes; calculating a first combination of the first set of sense signals; and adjusting the direct-current component of the drive signal according to the first combination; over a second duration within the test period: reading a second set of sense signals from the first subset of sense electrodes; in response to a second sense signal read from a first sense electrode in the first subset of sense electrodes excluding a first signal component oscillating at the reference frequency, detecting abnormal contact between the user's skin and the first sense electrode; calculating a second combination of the second set of sense signals less the second sense signal; and adjusting the direct-current component of the drive signal according to the second combination.
17. A method comprising: receiving selection of a set of channels of interest; selecting a first subset of sense electrodes, in a set of sense electrodes integrated into an electroencephalography headset, corresponding to the set of channels of interest; during a test period, outputting a drive signal through a driven electrode integrated into the electroencephalography headset worn by a user, the drive signal comprising an alternating-current component oscillating at a reference frequency and a direct-current component; over a first duration within the test period: reading a first set of sense signals from the first subset of sense electrodes; calculating a first linear combination of the first set of sense signals; and adjusting the direct-current component of the drive signal according to the first linear combination; over a second duration within the test period: reading a second set of sense signals from the first subset of sense electrodes; in response to a second sense signal read from a first sense electrode in the first subset of sense electrodes excluding a first signal component oscillating at the reference frequency, detecting abnormal contact between the user's skin and the first sense electrode; calculating a second linear combination of the second set of sense signals less the second sense signal; and adjusting the direct-current component of the drive signal according to the second linear combination.
18. The method of Claim 17, further comprising: in response to detecting abnormal contact between the user's skin and the first sense electrode, generating an electronic notification to adjust the first sense electrode; and transmitting the electronic notification to a computing device accessible by a biosignal test administrator.
18. The method of claim 17, further comprising: in response to detecting of abnormal contact between the user's skin and the first sense electrode, generating an electronic notification comprising a prompt to adjust the first sense electrode; and transmitting the electronic notification to an external computing device accessible by a biosignal test administrator.
Claims 3-4, 6, 11, 13 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 3-4, 6, 11, 13 and 20 of U.S. Patent No. 11432770 in view of further reasoning.
Application 18/220,216
Patent Number 11432770
Claim 3. The method of Claim 1, further comprising, following recording differences between the first set of sense signals and the virtual reference signal: reading a third set of sense signals from the first subset of sense electrodes; detecting abnormal contact between a user's skin and a first sense electrode in the first subset of sense electrodes in response to a third sense signal in the third set of sense signals excluding a first signal component oscillating at the reference frequency; and in response to detecting abnormal contact between the user's skin and the first sense electrode: adjusting the direct-current component of the drive signal according to linear combination of the third subset of sense signals less the third sense signal; and generating an electronic notification to adjust the first sense electrode.
Claim 3. The method of claim 1, further comprising, over a second duration of the test period succeeding the first duration: reading a third set of sense signals from the first subset of sense electrodes; detecting abnormal contact between the user's skin and a first sense electrode in the first subset of sense electrodes in response to a third sense signal in the third set of sense signals excluding a first signal component oscillating at the reference frequency; and in response to detecting abnormal contact between the user's skin and the first sense electrode: adjusting the direct-current component of the drive signal according to a second linear combination of the third subset of sense signals less the third sense signal; and generating an electronic notification comprising a prompt to adjust the first sense electrode.
Claim 3 does not explicitly disclose: following recording differences between the first set of sense signals and the virtual reference signal. However, claim 3 is dependent on claim 1. Claim 1 states: ‘and recording differences between the first set of sense signals and the virtual reference signal.’ It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to conduct the method as disclosed in claim 3 after determining differences in the signals as disclosed in claim 1.
Claim 4. The method of Claim 1, further comprising, following recording differences between the first set of sense signals and the virtual reference signal: reading a third set of sense signals from the second subset of sense electrodes; detecting abnormal contact between a user's skin and a second sense electrode in the second subset of sense electrodes in response to a sense signal in the second set of sense signals excluding a first signal component oscillating at the reference frequency; and in response to detecting abnormal contact between the user's skin and the second sense electrode: deactivating the second sense electrode; and calculating a second virtual reference signal as a function of the second set of sense signals less the sense signal; and recording differences between the first set of sense signals and the second virtual reference signal.
Claim 4. The method of claim 1, further comprising, over a second duration of the test period succeeding the first duration: reading a fourth set of sense signals from the second subset of sense electrodes; detecting abnormal contact between the user's skin and a second sense electrode in the second subset of sense electrodes in response to a fourth sense signal in the second set of sense signals excluding a first signal component oscillating at the reference frequency; and in response to detecting abnormal contact between the user's skin and the second sense electrode: deactivating the second sense electrode; and calculating a second virtual reference signal as a function of the second set of sense signals less the fourth sense signal; and recording differences between the first set of sense signals and the second virtual reference signal.
Claim 4 does not explicitly disclose: following recording differences between the first set of sense signals and the virtual reference signal. However, claim 3 is dependent on claim 1. Claim 1 states: ‘and recording differences between the first set of sense signals and the virtual reference signal.’ It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to conduct the method as disclosed in claim 4 after determining differences in the signals as disclosed in claim 1.
Further claim 4 does not explicitly disclose: reading a third set. However, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the method as disclosed with a different subset of electrodes the motivation being obvious to try choosing from a finite number of electrodes sets with a reasonable expectation of success.
Claim 6. A method comprising: selecting a first subset of sense electrodes, in a set of sense electrodes integrated into an electroencephalography headset, corresponding to a set of channels; selecting a second subset of sense electrodes, in the set of sense electrodes, differing from the first subset of sense electrodes; during a test period: outputting a drive signal through a driven electrode integrated into the electroencephalography headset worn by a user, the drive signal comprising an alternating-current component oscillating at a reference frequency and a direct-current component; reading a first set of sense signals from the first subset of sense electrodes; reading a second set of sense signals from the second subset of sense electrodes; in response to a second sense signal read from a second sense electrode in the second subset of sense electrodes excluding a first signal component oscillating at the reference frequency detecting abnormal contact between the user's skin and the second sense electrode; and, deactivating the second sense electrode.
Claim 6. A method comprising: receiving selection of a set of channels of interest; selecting a first subset of sense electrodes, in a set of sense electrodes integrated into an electroencephalography headset, corresponding to the set of channels of interest; selecting a second subset of sense electrodes, in the set of sense electrodes, differing from the first subset of sense electrodes; during a test period beginning at a first time: outputting a drive signal through a driven electrode integrated into the electroencephalography headset worn by a user, the drive signal comprising an alternating-current component oscillating at a reference frequency and a direct-current component; reading a first set of sense signals from the first subset of sense electrodes; reading a second set of sense signals from the second subset of sense electrodes; in response to a second sense signal read from a second sense electrode in the second subset of sense electrodes excluding a first signal component oscillating at the reference frequency at a second time succeeding the first time, detecting abnormal contact between the user's skin and the second sense electrode; and in response to detecting abnormal contact between the user's skin and the second sense electrode, deactivating the second sense electrode.
Claim 6 does not explicitly disclose: reading a second set. However, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the method as disclosed with a different subset of electrodes the motivation being obvious to try choosing from a finite number of electrodes sets with a reasonable expectation of success.
Claim 11. The method of Claim 6, further comprising, at a second time succeeding deactivation of the second sense electrode by a check duration: reactivating the second sense electrode; reading a third sense signal from the second sense electrode; in response to the third sense signal comprising the first signal component oscillating at the reference frequency, detecting proper contact between the user's skin and the second sense electrode at the second time; and in response to detecting proper contact between the user's skin and the second sense electrode, maintaining the second sense electrode in an active state following the second time.
11. The method of claim 6, further comprising, at a third time succeeding the second time by a check duration: reactivating the second sense electrode; reading a third sense signal from the second sense electrode; in response to the third sense signal comprising the first signal component oscillating at the reference frequency, detecting proper contact between the user's skin and the second sense electrode at the third time; and in response to detecting proper contact between the user's skin and the second sense electrode, maintaining the second sense electrode in an active state following the third time.
Claim 11 does not explicitly disclose: at a second time. However, It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art use the method with a second time the motivation being obvious to try choosing from a finite amount of times with a reasonable expectation of success.
Claim 20. The method of Claim 17, further comprising: reading a reference signal from a second sense electrode in the first subset of sense electrodes; over the first duration within the test period, recording differences between the first set of sense signals and the reference signal to a digital electroencephalography test result file; and over the second duration within the test period, recording differences between the second set of sense signals, less the second sense signal, and the reference signal to the digital electroencephalography test result file.
Claim 20. The method of claim 17, further comprising: reading a reference signal from a second sense electrode in the set of sense electrodes; over the first duration within the test period, recording differences between the first set of sense signals and the reference signal to a digital electroencephalography test result file; and over the second duration within the test period, recording differences between the second set of sense signals, less the second sense signal, and the reference signal to the digital electroencephalography test result file.
Claim 6 does not explicitly disclose: in the first subset. However, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the method as disclosed with a different subset of electrodes the motivation being obvious to try choosing from a finite number of electrodes sets with a reasonable expectation of success.
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 10 and 19 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 10 and 19 of prior U.S. Patent No. 11432770. This is a statutory double patenting rejection.
Application 18/220,216
Patent Number 11432770
Claim 10. The method of Claim 9, wherein generating the electronic notification comprises generating the electronic notification comprising a prompt to adjust the first sense electrode and the second sense electrode.
10. The method of claim 9, wherein generating the electronic notification comprises generating the electronic notification comprising the prompt to adjust the first sense electrode and the second sense electrode.
Claim 19. The method of Claim 17: wherein selecting the first subset of sense electrodes comprises activating each sense electrode in the first subset of sense electrodes; and further comprising, in response to detecting abnormal contact between the user's skin and the first sense electrode, deactivating the first sense electrode.
Claim 19. The method of claim 17: wherein selecting the first subset of sense electrodes comprises activating each sense electrode in the first subset of sense electrodes; and further comprising, in response to detecting abnormal contact between the user's skin and the first sense electrode, deactivating the first sense electrode.
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.
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/CASEY GEORGE CHA/Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794