CTNF 18/261,902 CTNF 100378 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim s 1-7, 9, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Connor (US 20210137455 A1) herein referred to as Connor in view of Turner et al. (US 20090088619 A1) herein referred to as “Turner” further in view of Torch (US 20090018419 A1) herein referred to as “Torch” Regarding claim 1, Connor discloses: A headgear assembly comprising: frame configured to be worn over a wearer's head ([Figure 57]) ; at least one bridge pivotally and removably coupled to the frame ([Figure 57] band 5704 and 5705, [0266]; “ a forehead loop and/or a rear loop can be connected to a longitudinal sidepiece by a rotatable, pivoting, or otherwise-moveable joint”)) the at least one bridge runs over the scalp of the head ([Figure 57]) one or more forehead bridges coupled to the frame and extends towards an eye line, the eyeline extending between a left eye and a right eye ([0089]; “a bridge 102 which connects the right and left optical lenses”) ; Connor does not disclose: at least one housing slidably mounted to the at least one bridge , the at least one housing having one or more sensors for measuring the brain activity However, Turner discloses: at least one housing slidably mounted to the at least one bridge ([0037];” the present invention allows for sliding joints 34 and 44 to expand in such a way as to hold sensors within”) , the at least one housing having one or more sensors for measuring the brain activity ([0035]; “FIGS. 8 and 9 depicting an alternative pod 16' for housing one of electrodes 18”) ; It would have been obvious to one of ordinary skill in the art prior to the filling date of the claimed invention to modify the headgear assembly as disclosed by Connor with the slidable sensor housing as disclosed by Turner the motivation being to hold the sensors against the subject’s head ([0037]) Connor does not disclose: and one or more cameras coupled to the one or more forehead bridges and configured to track the movement of the left eye and the right eye. However, Torch discloses: and one or more cameras coupled to the one or more forehead bridges and configured to track the movement of the left eye and the right eye. ([0107]; “ Generally, the system 810 includes a frame 812 that may include a bridge piece 814 and a pair of ear supports 816, one or more emitters 820, one or more sensors 822, and/or one or more cameras 830, 840. ”) It would have been obvious to one of ordinary skill in the art prior to the filling date of the claimed invention to modify the headgear assembly as disclosed by Connor with the bridge mounted cameras as disclosed by Torch the motivation being to track eye movement ([0107]) Regarding claim 2, Connor in view of Turner further in view of Torch disclose: The headgear according to claim 1. Turner further discloses: wherein the bridge is comprised of a plurality of sections coupled through expandable joints, each section of the plurality of sections can be extended and retracted relative to the adjacent section. ([0039];” arms 112 of mounting apparatus 110 include telescoping mechanisms 128 which only allow arms 112 to slightly expand or contract”) It would have been obvious to one of ordinary skill in the art prior to the filling date of the claimed invention to modify the headgear assembly as disclosed by Connor with the expandable joints as disclosed by Turner. The motivation being to accommodate a variety of different head sizes ([0028]). Regarding claim 3, Connor in view of Turner further in view of Torch disclose: The headgear according to claim 1. Turner further discloses: wherein the one or more forehead bridges are coupled to the frame through expandable joints permitting the one or more forehead bridges to be adjusted in length. ([0010]; “The mounting apparatus includes a central mount having a plurality of inextensible elements extending therefrom, and an inextensible circumferential band connected by sliding expanding joints to the central mount via inextensible side elements.”. [0028]; “Principle elements of mounting apparatus 10 include an adjustable circumferential band 22 that fits around the widest part of a subject's head (i.e. from the forehead to the back, just over the ears)” It would have been obvious to one of ordinary skill in the art prior to the filling date of the claimed invention to modify the headgear as disclosed by Connor with the forehead bridges as disclosed by Turner the motivation being to accommodate a variety of head sizes ([0028]) Regarding claim 4, Connor in view of Turner further in view of Torch disclose: The headgear according to claim 1. Turner further discloses: wherein the one or more forehead bridges are slidably coupled the frame permitting lateral movement of the one or more forehead bridges relative to the frame. ([0010]; “The mounting apparatus includes a central mount having a plurality of inextensible elements extending therefrom, and an inextensible circumferential band connected by sliding expanding joints to the central mount via inextensible side elements.”. [0028]; “Principal elements of mounting apparatus 10 include an adjustable circumferential band 22 that fits around the widest part of a subject's head (i.e. from the forehead to the back, just over the ears)” It would have been obvious to one of ordinary skill in the art prior to the filling date of the claimed invention to modify the head gear as disclosed by Connor with the slidably connected bridges the motivation being to accommodate a variety of head sizes ([0028]) Regarding claim 5, Connor in view of Turner further in view of Torch disclose: The headgear according to claim 1. Turner further discloses: wherein the frame includes a plurality of closely spaced attachments points, arranged in a horizontal axis, for attaching the one or more forehead bridges. ([0039]; “. In the embodiment shown, adjustable clamping screws 137 are utilized to retain side arm elements 136 at the desired location with respect to circumferential band 122.”) It would have been obvious to one of ordinary skill in the art prior to the filling date of the claimed invention to modify the headgear as disclosed by Connor with the attachment points as disclosed by Turner the motivation being to position arms a desired position ([0039]) Regarding claim 6, Connor in view of Turner further in view of Torch disclose: The headgear according to claim 1. Turner further discloses: wherein the headgear comprises two to six bridges pivotally coupled to the frame. ([0041]; “210 includes eight non-elastic inextensible elements or arms 212 “) It would have been obvious to one of ordinary skill in the art prior to the filling date of the claimed invention to modify the headgear as disclosed by Connor with the bridges as disclosed by Turner the motivation being to help incorporate into a helmet ([0041]) Regarding claim 7, Connor in view of Turner further in view of Torch disclose: The headgear according to claim 1. Torch further discloses: wherein the one or more cameras are coupled to the one or more forehead bridge through a semi-rigid shaft that allows adjusting the position of the one or more cameras relative to the eyes. ([0107]: “Generally, the system 810 includes a frame 812 that may include a bridge piece 814 and a pair of ear supports 816, one or more emitters 820, one or more sensors 822, and/or one or more cameras 830, 840”) It would have been obvious to one of ordinary skill in the art prior to the filling date of the claimed invention to modify the headgear as disclosed by Connor with the bridge mounted cameras as disclosed by Torch the motivation being to monitor eye movement ([0107]) Regarding claim 11, Connor in view of Turner further in view of Torch disclose: The headgear according to claim 1. Turner further discloses: wherein a left forehead bridge and a right forehead bridge extends towards the left eye and the right eye respectively, a left camera is coupled to the left forehead bridge and a right camera is coupled to the right forehead bridge. ([Figure 13]; Turner discloses camera 840 extending in the direction of the left eye on bridge portion and camera 830 extending toward the right eye on a bridge portion) It would have been obvious to one of ordinary skill in the art prior to the filling date of the claimed invention to modify the headgear as disclosed by Connor with the cameras as disclosed by Torch the motivation being to monitor eye movement ([0107]) Regarding claim 12, Connor in view or Turner further in view of Torch disclose: The headgear according to claim 1. Turner further discloses: wherein the one or more sensors of the housing are EEG electrodes. ([0034]; “pod 16 suitable for holding one of EEG electrodes 18”) It would have been obvious to one of ordinary skill in the art prior to the filling date of the claimed invention to modify the headgear as disclosed by Connor with the housing as disclosed by Turner the motivation being to hold electrode against the subject’s head ([0034]) 07-21-aia AIA Claim 8 are rejected under 35 U.S.C. 103 as being unpatentable over Connor in view of Turner further in view of Torch further in view of Badower (US 11076807 B2) herein referred to as “Badower” Regarding claim 8, Connor in view of Turner further in view of Torch disclose: The headgear according to claim 1. Connor in view of Turner further in view of Torch does not disclose: wherein the housing is having a base that includes an electrode, a slot is configured over the base and allows a bridge to pass through, wherein the housing slides over the bridge. However, Badower discloses: wherein the housing is having a base that includes an electrode, a slot is configured over the base and allows a bridge to pass through, wherein the housing slides over the bridge. ([Column 17 lines 1-3]; “ In some examples, the strips (and their respective electrodes) are slidably coupled along the central support.”) It would have been obvious to one of ordinary skill in the art prior to the filling date of the claimed invention to modify the headgear as disclosed by Connor with the sliding housing as disclosed by Badower the motivation being to adjust the headgear ([Column 9 lines 12-15]) 07-21-aia AIA Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Connor in view of Turner further in view of Torch further in view of Knight et al. (US 20180160930 A1) herein referred to as “Knight” Regarding claim 10, Connor in view of Turner further in view of Torch disclose: The headgear according to claim 1. wherein the frame is having a plurality of slots along its length, the at least bridge is interchangeably coupled to any of the plurality of slots. ([Figure 1]; Knight discloses slots in frame (126) to couple to multiple bridges) It would have been obvious to one of ordinary skill in the art prior to the filling date of the claimed invention to modify the headgear as disclosed by Connor with the slotted frame as disclosed by Knight the motivation being to adjust the position of the bands ([0122]) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASEY GEORGE CHA whose telephone number is (571)272-0749. The examiner can normally be reached Monday-Friday 8:30-5:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached at 3032974276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CASEY GEORGE CHA/Examiner, Art Unit 3794 /JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794 Application/Control Number: 18/261,902 Page 2 Art Unit: 3794 Application/Control Number: 18/261,902 Page 3 Art Unit: 3794 Application/Control Number: 18/261,902 Page 4 Art Unit: 3794 Application/Control Number: 18/261,902 Page 5 Art Unit: 3794 Application/Control Number: 18/261,902 Page 6 Art Unit: 3794 Application/Control Number: 18/261,902 Page 7 Art Unit: 3794 Application/Control Number: 18/261,902 Page 8 Art Unit: 3794