DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
2. This action is responsive to the Preliminary Amendment filed on 04/09/2024.
Claims 1-6 are pending, and have been examined on the merits.
Claim Objections
3. Claims 1-6 are objected to because of the following informalities:
a. In claim 1, line 2, the recitation of “and worn” should instead recite --and configured to be worn-- so as to avoid the positive recitation of a method step in an apparatus claim.
b. In claim 1, line 4, the recitation of “and worn” should instead recite --and configured to be worn--.
c. In claim 1, line 6, the recitation of “that acquires” should instead recite --configured to acquire--.
d. In claim 1, line 7, the recitation of “that acquires” should instead recite --configured to acquire--.
e. In claim 1, lines 7-8, the recitation of “that sends” should instead recite --configured to send--.
f. In claim 1, line 10, the recitation of “that acquires” should instead recite --configured to acquire--.
g. In claim 1, line 11, the recitation of “that acquires” should instead recite --configured to acquire--.
h. In claim 1, line 12, the recitation of “that sends” should instead recite --configured to send--.
i. In claim 2, line 2, the recitation of “that acquires” should instead recite --configured to acquire--.
j. In claim 2, line 4, the recitation of “sends” should instead recite --configured to send--.
k. In claim 2, line 7, the recitation of “that acquires” should instead recite --configured to acquire--.
l. In claim 2, line 9, the recitation of “sends” should instead recite --configured to send--.
m. In claim 3, line 2, the recitation of “receives” should instead recite --configured to receive--.
n. In claim 3, line 4, the recitation of “receives” should instead recite --configured to receive--.
o. In claim 4, line 2, the recitation of “that acquires” should instead recite --configured to acquire--.
p. In claim 4, line 4, the recitation of “sends” should instead recite --configured to send--.
q. In claim 4, line 8, the recitation of “that acquires” should instead recite --configured to acquire--.
r. In claim 4, line 10, the recitation of “sends” should instead recite --configured to send--.
s. In claim 5, line 2, the recitation of “that samples” should instead recite --configured to sample--.
t. In claim 5, line 4, the recitation of “sends” should instead recite --configured to send--.
u. In claim 5, line 7, the recitation of “that samples” should instead recite --configured to sample--.
v. In claim 5, line 9, the recitation of “sends” should instead recite --configured to send--.
w. In claim 6, line 2, the recitation of “and worn” should instead recite --and configured to be worn--.
x. In claim 6, line 4, the recitation of “and worn” should instead recite --and configured to be worn--.
y. In claim 6, line 6, the recitation of “that acquires” should instead recite --configured to acquire--.
z. In claim 6, line 7, the recitation of “that acquires” should instead recite --configured to acquire--.
aa. In claim 6, lines 7-8, the recitation of “that sends” should instead recite --configured to send--.
ab. In claim 6, line 10, the recitation of “that acquires” should instead recite --configured to acquire--.
ac. In claim 6, line 11, the recitation of “that acquires” should instead recite --configured to acquire--.
ad. In claim 6, line 12, the recitation of “that sends” should instead recite --configured to send--.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
4. 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.
5. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
6. Claims 1, 2, & 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2019/0192077 to Kaiser et al. ("Kaiser") in view of U.S. Patent Application Publication No. 2008/0097228 to Alihara et al. ("Alihara").
7. Regarding claim 1, Kaiser teaches an earphone comprising:
a first earpiece [RIGHT earpiece - ¶’s [0011], [0018], [0024]-[0025]; FIG. 1] communicable with a communication terminal [controller (150) - ¶’s [0011], [0013], [0025] (“The remote controller 150 can include a standalone device configured to execute the method S100, which can be configured with the form factor of a wearable device such as a watch. Alternatively, the functions of the controller 150 can be performed by executing an application on a portable computational device such as a smartwatch, smartphone, tablet computer, laptop computer, etc.”)], [0063]] and worn in a right ear of a user [clearly shown in FIG. 1; see also ¶[0018]]; and
a second earpiece [LEFT earpiece - ¶’s [0011], [0018], [0024]-[0025]; FIG. 1] communicable with the communication terminal [(150)] [see ¶’s [0011], [0013], [0025], [0063]] and worn in a left ear of the user [clearly shown in FIG. 1; see also ¶[0018]],
the first earpiece [RIGHT earpiece] including a first sensor [sense electrode - e.g., ¶’s [0027], [0028], [0035], [0039], [0042], [0043]; FIG. 1] that acquires first biological information [e.g., EEG signals - ¶[0011]; see also ¶’s [0016], [0042], [0043]],…, and a first transmission unit [transceiver unit - ¶’s [0056], [0063]] that sends, to the communication terminal [(150)], the first biological information [¶’s [0013], [0056], [0063]] associated with [the] reference time information [outputting a time series of data - e.g., ¶’s [0009] (“The signal acquisition subsystem 130 is configured to, during a sampling period: output a left time series of a left voltage differential between the left sense electrode and the right reference electrode; and output a right time series of a right voltage differential between the right sense electrode and the left reference electrode”), [0017], [0064] (“the system 100 includes… the right earpiece configured to transmit the right time series to the controller 150”)],
the second earpiece [LEFT earpiece] including a second sensor [sense electrode - e.g., ¶’s [0027], [0028], [0035], [0039], [0042], [0043]; FIG. 1] that acquires second biological information [e.g., EEG signals - ¶[0011]; see also ¶’s [0016], [0042], [0043]],…, and a second transmission unit [transceiver unit - ¶’s [0056], [0063]] that sends, to the communication terminal [(150)], the second biological information [¶’s [0013], [0056], [0063]] associated with [the] reference time information [outputting a time series of data - e.g., ¶’s [0009] (“The signal acquisition subsystem 130 is configured to, during a sampling period: output a left time series of a left voltage differential between the left sense electrode and the right reference electrode; and output a right time series of a right voltage differential between the right sense electrode and the left reference electrode”), [0017], [0064] (“the system 100 includes the left earpiece configured to transmit the left time series to the controller 150”)].
Time Acquisition Units
Kaiser teaches a transceiver for sending/receiving data to the controller [e.g., ¶[0056]], including in a wireless manner [¶[0063]].
While, as noted above, Kaiser teaches generating a time-series of data for a sampling period for signal acquisition by the right and left earpieces, Kaiser does not explicitly teach:
a first time acquisition unit that acquires reference time information; [and]
a second time acquisition unit that acquires reference time information.
Aihara, in a similar field of endeavor, teaches an ear-type measuring unit (30) for acquiring biological information (e.g., blood pressure, pulse wave information) of a wearer [e.g., ¶[0036]; FIG. 3], with resulting measurements being associated with a measurement time [e.g., ¶’s [0051]-[0052]].
Aihara further teaches a network communication function for adjusting/acquiring time using a GPS radio wave [see, e.g., ¶[0057] (“the main body unit may be provided with a function for automatically adjusting time of the timer by communicating with an external unit… by using an after-mentioned wireless communication function, it is also possible to automatically adjusting time using GPS radio wave or standard radio wave”); and ¶[0058] (“by providing the function for automatically adjusting time, it becomes possible to ascertain a blood pressure value at an accurate time”)].
Aihara further teaches that the measuring unit and main body unit may be integrated/co-located in each ear-type device [¶’s [0023], [0050] (“In each ear-type blood-pressure meter, instead of providing the main body unit and the measuring unit separately, the main body unit and the measuring unit can be integrated as shown in FIG. 8”); FIG. 8].
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify Kaiser such that the first earpiece [RIGHT earpiece] includes a first time acquisition unit that acquires reference time information, and the second earpiece [LEFT earpiece] includes a second time acquisition unit that acquires reference time information, or, more particularly, that each of the first and second earpiece include the time acquisition unit [i.e., the network communication function of Aihara] that allows for receipt/acquisition of accurate time information via GPS, since such a modification would allow for an accurate time to be received and utilized by both earpieces for ensuring that the outputted time-series data is as accurate as possible.
8. Regarding claim 2, the combination of Kaiser and Aihara teaches all of the limitations of claim 1 for the reasons set forth in detail (above) in the Office Action.
Kaiser (as modified) further teaches:
the first earpiece [RIGHT earpiece] includes a third sensor that acquires third biological information at a position different from that of the first sensor [see ¶[0041] (“Generally, each electrode tip 110 includes a single sense electrode 114 and reference electrode pair. However, in some implementations, an electrode tip 110 can include additional sense electrode and reference electrode pairs positioned on the surface of the electrode tip 110”)],
the first transmission unit [transceiver unit] sends, to the communication terminal [(150)], the first biological information and the third biological information [¶’s [0013], [0056], [0063]], each associated with the reference time information [¶’s [0009], [0017], [0064]],
the second earpiece [LEFT earpiece] includes a fourth sensor that acquires fourth biological information at a position different from that of the second sensor [see ¶[0041] (“Generally, each electrode tip 110 includes a single sense electrode 114 and reference electrode pair. However, in some implementations, an electrode tip 110 can include additional sense electrode and reference electrode pairs positioned on the surface of the electrode tip 110”)], and
the second transmission unit [transceiver unit] sends, to the communication terminal [(150)], the second biological information and the fourth biological information [¶’s [0013], [0056], [0063]], each associated with the reference time information [¶’s [0009], [0017], [0064]].
9. Regarding claim 4, the combination of Kaiser and Aihara teaches all of the limitations of claim 2 for the reasons set forth in detail (above) in the Office Action.
Kaiser (as modified) further teaches:
the first earpiece [RIGHT earpiece] includes a fifth sensor that acquires ground potential information at a position different from that of the first sensor and that of the third sensor [driven ground electrode (118) - ¶’s [0008], [0036], [0041], [0044]; FIG. 1],
the first transmission unit [transceiver unit] sends, to the communication terminal [(150)], first difference information between the first biological information and the ground potential information, and second difference information between the third biological information and the ground potential information, each associated with the reference time information [¶’s [0044]-[0046]; [0052]-[0053]],
the second earpiece [LEFT earpiece] includes a sixth sensor that acquires ground potential information at a position different from that of the second sensor and that of the fourth sensor [driven ground electrode (118) - ¶’s [0008], [0036], [0041], [0044]; FIG. 1], and
the second transmission unit [transceiver unit] sends, to the communication terminal [(150)], third difference information between the second biological information and the ground potential information, and fourth difference information between the fourth biological information and the ground potential information, each associated with the reference time information [¶’s [0044]-[0046]; [0052]-[0053]].
10. Regarding claim 5, the combination of Kaiser and Aihara teaches all of the limitations of claim 1 for the reasons set forth in detail (above) in the Office Action.
Kaiser (as modified) further teaches:
the first earpiece [RIGHT earpiece] includes a first A/D conversion unit that samples a signal measured by the first sensor, based on the reference time information [e.g., ¶’s [0054]-[0056]; see also ¶’s [0013], [0050]],
the first transmission unit [transceiver unit] sends, to the communication terminal [(150)], the first biological information sampled by the first A/D conversion unit and associated with the reference time information [¶’s [0054]-[0056]],
the second earpiece [LEFT earpiece] includes a second A/D conversion unit that samples a signal measured by the second sensor, based on the reference time information [e.g., ¶’s [0054]-[0056]; see also ¶’s [0013], [0050]], and
the second transmission unit [transceiver unit] sends, to the communication terminal [(150)], the second biological information sampled by the second A/D conversion unit and associated with the reference time information [¶’s [0054]-[0056]].
11. Regarding claim 6, Kaiser teaches a biological information measurement device, comprising:
a first device [RIGHT earpiece - ¶’s [0011], [0018], [0024]-[0025]; FIG. 1] communicable with a communication terminal [controller (150) - ¶’s [0011], [0013], [0025] (“The remote controller 150 can include a standalone device configured to execute the method S100, which can be configured with the form factor of a wearable device such as a watch. Alternatively, the functions of the controller 150 can be performed by executing an application on a portable computational device such as a smartwatch, smartphone, tablet computer, laptop computer, etc.”)], [0063]] and worn in a first predetermined portion [RIGHT ear] of a user [clearly shown in FIG. 1; see also ¶[0018]]; and
a second device [LEFT earpiece - ¶’s [0011], [0018], [0024]-[0025]; FIG. 1] communicable with the communication terminal [(150)] [see ¶’s [0011], [0013], [0025], [0063]] and worn in a second predetermined portion [LEFT ear] of the user [clearly shown in FIG. 1; see also ¶[0018]],
the first device [RIGHT earpiece] including a first sensor [sense electrode - e.g., ¶’s [0027], [0028], [0035], [0039], [0042], [0043]; FIG. 1] that acquires first biological information [e.g., EEG signals - ¶[0011]; see also ¶’s [0016], [0042], [0043]], …, and a first transmission unit [transceiver unit - ¶’s [0056], [0063]] that sends, to the communication terminal [(150)], the first biological information [¶’s [0013], [0056], [0063]] associated with [the] reference time information [outputting a time series of data - e.g., ¶’s [0009] (“The signal acquisition subsystem 130 is configured to, during a sampling period: output a left time series of a left voltage differential between the left sense electrode and the right reference electrode; and output a right time series of a right voltage differential between the right sense electrode and the left reference electrode”), [0017], [0064] (“the system 100 includes… the right earpiece configured to transmit the right time series to the controller 150”)], and
the second device [LEFT earpiece] including a second sensor [sense electrode - e.g., ¶’s [0027], [0028], [0035], [0039], [0042], [0043]; FIG. 1] that acquires second biological information [e.g., EEG signals - ¶[0011]; see also ¶’s [0016], [0042], [0043]],… , and a second transmission unit [transceiver unit - ¶’s [0056], [0063]] that sends, to the communication terminal [(150)], the second biological information [¶’s [0013], [0056], [0063]] associated with [the] reference time information [outputting a time series of data - e.g., ¶’s [0009] (“The signal acquisition subsystem 130 is configured to, during a sampling period: output a left time series of a left voltage differential between the left sense electrode and the right reference electrode; and output a right time series of a right voltage differential between the right sense electrode and the left reference electrode”), [0017], [0064] (“the system 100 includes the left earpiece configured to transmit the left time series to the controller 150”)].
Time Acquisition Unit
Kaiser teaches a transceiver for sending/receiving data to the controller [e.g., ¶[0056]], including in a wireless manner [¶[0063]].
While, as noted above, Kaiser teaches generating a time-series of data for a sampling period for signal acquisition by the right and left earpieces, Kaiser does not explicitly teach:
a first time acquisition unit that acquires reference time information; [and]
a second time acquisition unit that acquires reference time information.
Aihara, in a similar field of endeavor, teaches an ear-type measuring unit (30) for acquiring biological information (e.g., blood pressure, pulse wave information) of a wearer [e.g., ¶[0036]; FIG. 3], with resulting measurements being associated with a measurement time [e.g., ¶’s [0051]-[0052]].
Aihara further teaches a network communication function for adjusting/acquiring time using a GPS radio wave [see, e.g., ¶[0057] (“the main body unit may be provided with a function for automatically adjusting time of the timer by communicating with an external unit… by using an after-mentioned wireless communication function, it is also possible to automatically adjusting time using GPS radio wave or standard radio wave”); and ¶[0058] (“by providing the function for automatically adjusting time, it becomes possible to ascertain a blood pressure value at an accurate time”)].
Aihara further teaches that the measuring unit and main body unit may be integrated/co-located in each ear-type device [¶’s [0023], [0050] (“In each ear-type blood-pressure meter, instead of providing the main body unit and the measuring unit separately, the main body unit and the measuring unit can be integrated as shown in FIG. 8”); FIG. 8].
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify Kaiser such that the first earpiece [RIGHT earpiece] includes a first time acquisition unit that acquires reference time information, and the second earpiece [LEFT earpiece] includes a second time acquisition unit that acquires reference time information, or, more particularly, that each of the first and second earpiece include the time acquisition unit [i.e., the network communication function of Aihara] that allows for receipt/acquisition of accurate time information via GPS, since such a modification would allow for an accurate time to be received and utilized by both earpieces for ensuring that the outputted time-series data is as accurate as possible.
12. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Kaiser and Aihara, as applied to claim 1 above, and further in view of U.S. Patent Application Publication No. 2021/0003717 to Patel et al. ("Patel").
13. Regarding claim 3, the combination of Kaiser and Aihara teaches all of the limitations of claim 1 for the reasons set forth in detail (above) in the Office Action.
While the combination of Kaiser and Aihara teaches first and second time acquisition units that receive accurate time information via GPS (as previously noted in the rejection of claim 1 above), the combination of Kaiser and Aihara does not teach:
the first time acquisition unit receives a GNSS signal sent from a GNSS satellite and acquires the reference time information including absolute time information, and
the second time acquisition unit receives a GNSS signal sent from a GNSS satellite and acquires the reference time information including absolute time information.
Patel, in a similar field of endeavor, teaches that it was known in the art to synchronize time across multiple body sensors using a satellite network such as, e.g., a GNSS network [see ¶’s [0039], [0040], [0046], [0050], [0069]-[0071]].
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the combination of Kaiser and Aihara such that the first time acquisition unit receives a GNSS signal sent from a GNSS satellite and acquires the reference time information including absolute time information, and the second time acquisition unit receives a GNSS signal sent from a GNSS satellite and acquires the reference time information including absolute time information, since such a particular synchronization technique was recognized as part of the ordinary capabilities of one skilled in the art, as demonstrated by Patel, and one of ordinary skill in the art would have been capable of applying this known technique to the known device of Kaiser/Aihara, and the results would have been predictable to one of ordinary skill in the art. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007).
Conclusion
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bradford C. Blaise whose telephone number is (571)272-5617. The examiner can normally be reached on Monday - Friday 8 AM-5 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Linda Dvorak can be reached on 571-272-4764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Bradford C. Blaise/Examiner, Art Unit 3794