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 .
1. Acknowledgement is made to the preliminary amendment, filed 9/18/2023. Claims 8 & 9 have been canceled. Claims 11-22 have been newly added. Claims 1-7 & 10-22 are pending.
Priority
2. The instant application is a 371 of PCT/CN2022/081213, filed 3/16/2022. Acknowledgement is made to Applicant’s claim for foreign priority under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
3. Acknowledgement is made to the information disclosure statements (IDS) submitted on 9/18/2023 & 3/20/2025. The information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
4. Claims 1-7 & 10-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Newham et al. (US 2017/0259072 A1), hereinafter Newham.
Regarding claim 1, Newham discloses a method for transmitting a brain electrical signal, being applied to a brain electrical signal acquisition device associated with a patient and comprising:
establishing a two-way communication with a charging device [0040 & 0058 – via RF unit (378) which includes a two-way transceiver];
receiving a charging instruction sent by the charging device, and interacting with the charging device according to the charging instruction to perform charging [0043, 0056, 0057, & Fig. 3]; and
in a case where the brain electrical signal acquisition device is charging, receiving a brain electrical related data fetch instruction sent by the charging device, and transmitting, according to the brain electrical related data fetch instruction, brain electrical related data of the patient acquired by the brain electrical signal acquisition device to the charging device [0044, 0056, & 0058-0060].
Regarding claim 2, Newham discloses the method according to claim 1, wherein interacting with the charging device according to the charging instruction to perform the charging comprises: interacting with the charging device according to the charging instruction to adjust a charging parameter, and performing the charging according to the charging parameter, wherein the charging parameter is used for enabling a charging rate of the brain electrical signal acquisition device to meet a set requirement [0056, 0057, & 0083].
Regarding claim 3, Newham discloses the method according to claim 1, wherein transmitting, according to the brain electrical related data fetch instruction, the brain electrical related data of the patient acquired by the brain electrical signal acquisition device to the charging device comprises: transmitting, according to the brain electrical related data fetch instruction, brain electrical related data stored in the brain electrical signal acquisition device to the charging device, wherein the brain electrical related data is data obtained after the brain electrical signal acquisition device converts and stores an acquired brain electrical related signal of the patient before the brain electrical signal acquisition device is charged [0044, 0056, & 0058-0060].
Regarding claim 4, Newham discloses the method according to claim 3, wherein converting and storing, by the brain electrical signal acquisition device, the acquired brain electrical related signal of the patient comprises: acquiring the brain electrical related signal of the patient according to a set sampling parameter, converting the brain electrical related signal into the brain electrical related data, and compressing and storing the brain electrical related data in a memory of the brain electrical signal acquisition device, wherein the sampling parameter comprises sampling duration, a sampling rate, a sampling channel, sampling data and a compression ratio [0058, 0059, 0066, & 0083].
Regarding claim 5, Newham discloses a method for transmitting a brain electrical signal, being applied to a charging device and comprising:
sending a charging instruction to a brain electrical signal acquisition device, and interacting with the brain electrical signal acquisition device to charge the brain electrical signal acquisition device [0043, 0056, 0057, & Fig. 3];
generating a brain electrical related data fetch instruction, sending the brain electrical related data fetch instruction to the brain electrical signal acquisition device in a charging state, and receiving brain electrical related data sent by the brain electrical signal acquisition device [0044, 0056, & 0058-0060]; and
transmitting the brain electrical related data to a server [0044, 0053, 0054, & 0058 – communicating data to a database system, such as a cloud-based database system].
Regarding claim 6, Newham discloses the method according to claim 5, wherein transmitting the brain electrical related data to the server comprises:
establishing a communication connection with the server, and determining whether the communication connection is normal; in response to the communication connection being normal, transmitting the received brain electrical related data to the server; and in response to the communication connection being abnormal, storing the received brain electrical related data in the charging device, wherein a storage capacity of the charging device is at least 10 times a storage capacity of the brain electrical signal acquisition device [0053, 0054, 0058, & 0070].
Regarding claim 7, Newham discloses a method for transmitting a brain electrical signal, being applied to a wireless communication system, wherein the wireless communication system comprises a brain electrical signal acquisition device and a charging device; wherein the method comprises:
establishing a two-way communication between the brain electrical signal acquisition device associated with a patient and the charging device [0040 & 0058 – via RF unit (378) which includes a two-way transceiver];
sending, by the charging device, a charging instruction to the brain electrical signal acquisition device [0043, 0056, 0057, & Fig. 3];
receiving, by the brain electrical signal acquisition device, the charging instruction sent by the charging device, and interacting with the charging device according to the charging instruction to perform charging [0043, 0056, 0057, & Fig. 3];
generating, by the charging device, a brain electrical related data fetch instruction and sending the brain electrical related data fetch instruction to the brain electrical signal acquisition device in a charging state [0044, 0056, & 0058-0060];
in a case where the brain electrical signal acquisition device is charging, receiving the brain electrical related data fetch instruction sent by the charging device, and transmitting brain electrical related data of the patient acquired by the brain electrical signal acquisition device to the charging device according to the brain electrical related data fetch instruction [0044, 0056, & 0058-0060]; and
transmitting, by the charging device, the brain electrical related data to a server [0044, 0053, 0054, & 0058 – communicating data to a database system, such as a cloud-based database system].
Regarding claim 10, Newham discloses a non-transitory storage medium, being configured as a computer-readable storage and storing at least one program, wherein the at least one program is executable by at least one processor to implement the method for transmitting a brain electrical signal according to claim 7 [0109-0111].
Regarding claim 11, Newham discloses a non-transitory storage medium, being configured as a computer-readable storage and storing at least one program, wherein the at least one program is executable by at least one processor to implement the method for transmitting a brain electrical signal according to claim 2 [0109-0111].
Regarding claim 12, Newham discloses a non-transitory storage medium, being configured as a computer-readable storage and storing at least one program, wherein the at least one program is executable by at least one processor to implement the method for transmitting a brain electrical signal according to claim 3 [0109-0111].
Regarding claim 13, Newham discloses a non-transitory storage medium, being configured as a computer-readable storage and storing at least one program, wherein the at least one program is executable by at least one processor to implement the method for transmitting a brain electrical signal according to claim 4 [0109-0111].
Regarding claim 14, Newham discloses a non-transitory storage medium, being configured as a computer-readable storage and storing at least one program, wherein the at least one program is executable by at least one processor to implement the method for transmitting a brain electrical signal according to claim 5 [0109-0111].
Regarding claim 15, Newham discloses a non-transitory storage medium, being configured as a computer-readable storage and storing at least one program, wherein the at least one program is executable by at least one processor to implement the method for transmitting a brain electrical signal according to claim 6 [0109-0111].
Regarding claim 16, Newham discloses a non-transitory storage medium, being configured as a computer-readable storage and storing at least one program, wherein the at least one program is executable by at least one processor to implement the method for transmitting a brain electrical signal according to claim 7 [0109-0111].
Regarding claim 17, Newham discloses the method according to claim 1, wherein transmitting, according to the brain electrical related data fetch instruction, the brain electrical related data of the patient acquired by the brain electrical signal acquisition device to the charging device comprises: transmitting, according to the brain electrical related data fetch instruction, brain electrical related data stored in the brain electrical signal acquisition device to the charging device, wherein the brain electrical related data is data obtained after the brain electrical signal acquisition device converts and stores an acquired brain electrical related signal of the patient before the brain electrical signal acquisition device is charged [0044, 0056, & 0058-0060].
Regarding claim 18, Newham discloses the method according to claim 7, wherein interacting with the charging device according to the charging instruction to perform the charging comprises: interacting with the charging device according to the charging instruction to adjust a charging parameter, and performing the charging according to the charging parameter, wherein the charging parameter is used for enabling a charging rate of the brain electrical signal acquisition device to meet a set requirement [0056, 0057, & 0083].
Regarding claim 19, Newham discloses the method according to claim 7, wherein transmitting the brain electrical related data of the patient acquired by the brain electrical signal acquisition device to the charging device according to the brain electrical related data fetch instruction comprises: transmitting, according to the brain electrical related data fetch instruction, brain electrical related data stored in the brain electrical signal acquisition device to the charging device, wherein the brain electrical related data is data obtained after the brain electrical signal acquisition device converts and stores an acquired brain electrical related signal of the patient before the brain electrical signal acquisition device is charged [0044, 0056, & 0058-0060].
Regarding claim 20, Newham discloses the method according to claim 19, wherein converting and storing the acquired brain electrical related signal of the patient by the brain electrical signal acquisition device comprises: acquiring the brain electrical related signal of the patient according to a set sampling parameter, converting the brain electrical related signal into the brain electrical related data, and compressing and storing the brain electrical related data in a memory of the brain electrical signal acquisition device, wherein the sampling parameter comprises sampling duration, a sampling rate, a sampling channel, sampling data and a compression ratio [0058, 0059, 0066, & 0083].
Regarding claim 21, Newham discloses the method according to claim 7, wherein transmitting the brain electrical related data of the patient acquired by the brain electrical signal acquisition device to the charging device according to the brain electrical related data fetch instruction comprises: in the case where the brain electrical signal acquisition device is charging, acquiring a brain electrical related signal of the patient, converting the brain electrical related signal into brain electrical related data, and transmitting the brain electrical related data to the charging device [0044, 0056, & 0058-0060].
Regarding claim 22, Newham discloses the method according to claim 7, wherein transmitting, by the charging device, the brain electrical related data to the server comprises: establishing, by the charging device, a communication connection with the server, and determining whether the communication connection is normal; in response to the communication connection being normal, transmitting, by the charging device, the received brain electrical related data to the server; and in response to the communication connection being abnormal, storing, by the charging device, the received brain electrical related data in the charging device, wherein a storage capacity of the charging device is at least 10 times a storage capacity of the brain electrical signal acquisition device [0053, 0054, 0058, & 0070].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAULTEP SAVUSDIPHOL whose telephone number is (571)270-1301. The examiner can normally be reached on M-F,7-3 EST. If the examiner cannot be reached by telephone, he can be reached through the following email address: paultep.savusdiphol@uspto.gov
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 and email are unsuccessful, the examiner’s supervisor, Thomas K. Pham can be reached on (571) 272-3689. 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.
/PAULTEP SAVUSDIPHOL/Primary Examiner, Art Unit 2876