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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “ the detector” and “the data terminal” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1-11 are objected to because of the following informalities: The claims in general appear to be a translation and do not conform to regular idiomatic English Appropriate correction is required.
Regarding claim 4, “an outer surface of the cloth bag (2) is fixedly connected to the eye mask (5), and the eye mask (5) is disposed on the outer surface of the cloth bag (2)” appears redundant.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “the posture detection part” in claims 1-11, and “the detector” and “the data terminal” in claims 1-10 .
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 3 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 3 sets forth a device configured to implement the method of claim 1 and incorporates the method of claim 1. Claim 3 merely sets forth the same structure set forth in claim 1 and does not appear to further limit claim 1 . Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 sets forth “a detector” and throughout the claims the detector interacts with and operates the data terminal. The specification indicates the detector “prompts the subject” and further sets forth “the data terminal records angle data under operations of the detector” , “the detector inputs angle values into a calculation program of the data terminal” however there is no description or details given of the detector nor how it performs these functions. There is no indication of what the detector is relative to the posture detection part or the data terminal.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, line 14, “the number of plurality of head movements” lacks antecedent basis. Lines 8-14, is unclear and appear to be redundant, “ step 3, performing, by the subject, one head movement under a target movement posture at prompt of the detector;
step 4, operating, by the detector, the data terminal to record an angle value of the head movement from the posture detection part; performing, by the subject, at least one head movement under the target movement posture under prompt of the detector, to thereby complete a plurality of head movements under the target movement posture, wherein the number of the plurality of head movements is at least two; and operating, by the detector, the data terminal to record an angle value of each of the at least one head movement from the posture detection part;
line 23, “the one head movement under each target movement posture” is unclear as to which “head movement” this limitation refers in view of the repeated head movements set forth earlier in the claim.
Conclusion
Claims 1-10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph and U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph , set forth in this Office action.
Claim 11 is allowed.
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not reasonably teach alone or in combination the subject matter of the independent claims.
ZHOU(CN 109938739) teaches a cervical vertebra monitoring device, the device comprises: an acceleration signal collecting module, a data processing module, a control module and a wireless communication module; the acceleration signal collecting module is located at the forehead of the user, for obtaining the three-axis acceleration of the user head in real time; the input end of the data processing module is connected with the output end of the acceleration signal collecting module, when the neck posture type of the user is low head type, determining the rotating angle of the user head according to the average absolute value of the three-axis acceleration; when the rotating angle of the user head is greater than or equal to the first threshold value and less than the second threshold value, determining the neck posture of the user is slightly low head; when the rotating angle of the user head is greater than or equal to the second threshold value, determining the neck posture of the user is severe low head, and sending the reminding information to the user. Through the technical solution of the invention, it can realize monitoring the user cervical vertebra posture in real time, and reminding.
LEI( CN 210727748) teaches a cervical vertebra active degree measuring device, comprising a head circumference fastening belt, front and back elastic belt, left and right elastic belt and the electronic inclinometer, head circumference elastic belt is endless belt is matched with the size of the head. front and back elastic middle part and left and right elastic band belt is connected and vertical to each other, two ends of front and back elastic band are respectively surrounding elastic belt connected and are vertical with the head, left and right two ends of the elastic belt are respectively surrounding elastic belt connected and are vertical to each other and the head, front and back elastic belt and the head circumference is connected to the outer side of the elastic belt is provided with a first mounting part of the electronic inclinometer mounted, left and right elastic belt and the head circumference is connected to the outer side of the elastic belt is provided with a second mounting part of the electronic inclinometer mounted outside of front and back elastic belt is connected with the left and right elastic belt is provided with a third mounting part of the electronic inclinometer mounted. The utility model has the advantages of simple structure, convenient operation and high measuring precision.
SUN( CN 109602424) teaches a cervical vertebra three-dimensional mobility intelligent instrument, comprising an instrument main body, a wireless communication module and a terminal apparatus main body comprises a horizontal ring and head is head ring annular vertical ring and protection ring pillow hemispherical.
Pai et al.( US 6969360) teaches A system, device and/or method for measuring spinal proprioception, as can be used to screen proprioceptive loss and/or improvement after treatment.
Regarding claims 1 and 3, The prior art does not teach a method or device including
wearing a forehead band (1) on a head of a subject, to locate a posture detection part (4) at an inner side of the forehead band (1) and on a forehead of the subject, and make an eye mask (5) on the forehead band (1) cover eyes of the subject;
starting, by a detector, a data terminal to connect the data terminal to the posture detection part (4);
performing, by the subject, one head movement under a target movement posture at prompt of the detector;
operating, by the detector, the data terminal to record an angle value of the head movement from the posture detection part; performing, by the subject, at least one head movement under the target movement posture under prompt of the detector, to thereby complete a plurality of head movements under the target movement posture, wherein the number of the plurality of head movements is at least two; and operating, by the detector, the data terminal to record an angle value of each of the at least one head movement from the posture detection part;
changing, by the subject, the target movement posture, and repeating the step 3 and the step 4 to complete a plurality of target movement postures, wherein the plurality of target movement postures comprise at least two of a forward flexion posture, a backward extension posture, a left rotation posture, a right rotation posture, a left flexion posture, or a right flexion posture;
operating, by the detector, the data terminal, thereby, taking, by the data terminal, the one head movement under each target movement posture of the plurality of target movement postures as a reference, calculate an angle difference between each of the plurality of the head movements under each target movement posture of the plurality of target movement postures and the one head movement under each target movement posture of the plurality of target movement postures to thereby obtain angle differences under each target movement posture of the plurality of target movement postures, and averaging, by the data terminal, the angle differences to obtain an average angle difference under each target movement posture of the plurality of target movement postures; wherein a formula for averaging the angle differences is as follows:
a=θn-θ1+θn-1-θ1+⋯+θn-n-1-θ1n-1 where a represents the average angle difference under each target movement posture of the plurality of target movement postures, n represents the number of the plurality of head movements under the target movement posture, and θ represents an angle value measured by the posture detection part;
operating, by the detector, the data terminal to calculate a resultant average angle difference under the plurality of movement postures; wherein a formula for calculating the resultant average angle difference is as follows:
y=a1+a2+⋯+app
where y represents the resultant average angle difference, p represents the number of the plurality of movement postures, and a represents the average angle difference under each target movement posture of the plurality of target movement postures; and
operating, by the detector, the data terminal, thereby, comparing, by the data terminal, the resultant average angle difference with a standard value, and evaluating, by the data terminal, cervical spine proprioception of the subject based on a difference between the resultant average angle difference and the standard value.
Regarding claim 11, the prior art does not teach a forehead band (1) configured to be sleeved on a head of a subject, an eye mask (5) configured to cover eyes of the subject, a cloth bag (2), a posture detection part (4) configured to measure angle values of head movements of the subject, and an elastic block (3) configured to provide a pre-tightening force to tighten the forehead band (1); wherein the cloth bag (2) is fixedly disposed on an inner side of the forehead band (1), the eye mask (5) is disposed on an outer surface of the cloth bag (2), the cloth bag (2) is located between the eye mask (5) and the forehead band (1), the elastic block (3) is disposed in the cloth bag (2), and the posture detection part (4) is disposed in the elastic block (3).
Where it is understood by the examiner that the posture detection part is an integrated module which is integrated with a posture sensor, a memory, a wireless module. The posture sensor may be a three-axis sensor, and the posture sensor is configured to calculate three-axis angle data through a Kalman filtering fusion algorithm based on three-axis acceleration acquired by a chip, a gyroscope, and magnetic field data.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee ( US 20140378808) teaches a physiological sensor apparatus comprises a physiological sensor, a headband and an eye mask. In one example, the physiological sensor includes a plurality of electroencephalography (EEG) electrodes that are used to sense a signal indicative of a sleep stage (e.g., REM sleep or non-REM sleep) of a user. Each end of the headband attaches to respective ends of the sensor and eye mask such that when the sensor is disposed on the forehead of the user, the eye mask shields the eyes of the user from visible light. The diameter of the headband is adjustable by the user to secure the sensor to the forehead of the user. The sensor accurately determines the sleep stages of the user over a period of sleep of the user because the adjustable headband and eye mask prevent the electrodes from being displaced from the forehead of the user during the period of sleep.
Levine(US 20160374628) teaches haptic feedback device that includes a circuit board, a pressure sensor in operable communication with the circuit board, and a vibrator in operable communication with the circuit board. The vibrator is configured to vibrate when the pressure sensor senses pressure above a threshold pressure. The haptic feedback device includes a battery in operable communication with the circuit board. The circuit board, the vibrator, the pressure sensor and the battery are configured to be inserted into a wearable article such that when a wearer wears the wearable article the vibrator is configured to vibrate when the wearer is lying in the supine position. Further disclosed is a wearable sleep mask having a band for receiving the haptic feedback device, and a method of use thereof.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L CASLER whose telephone number is (571)272-4956. The examiner can normally be reached M-Th 6:30 to 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Marmor can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN L CASLER/Primary Examiner, Art Unit 3791