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 .
Response to Amendment
2. Applicant’s Amendment filed April 28, 2026 (hereinafter “04/28/26 Amendment") has been entered, and fully considered. In the 04/28/26 Amendment, claims 1-6 were amended. No claims were cancelled, or newly added. Therefore, claims 1-6 remain pending in the application.
3. The 04/28/26 Amendment has overcome the claim objections and the rejections under § 103 previously set forth in the Non-Final Office Action mailed 01/28/2026 (“01/28/26 Action”).
4. New claim objections, and new grounds of rejection under § 103 are set forth herein, necessitated by Applicant’s Amendment.
Claim Objections
5. Claims 1 & 6 are objected to because of the following informalities:
a. In claim 1, lines 12-13, the recitation of “configured to acquire second biological information” should instead recite --configured to acquire the second biological information-- since antecedent basis for “second biological information” is previously provided in line 11 of the claim.
b. In claim 6, lines 12-13, the recitation of “configured to acquire second biological information” should instead recite --configured to acquire the second biological information-- since antecedent basis for “second biological information” is previously provided in lines 10-11 of the claim.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
6. 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.
7. 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.
8. 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. 2016/025560 to Hayami et al. ("Hayami").
9. 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 configured to be 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 configured to be 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] configured to acquire first biological information [e.g., EEG signals - ¶[0011]; see also ¶’s [0016], [0042], [0043]],…, and a first transmission unit [transceiver unit - ¶’s [0056], [0063]] configured to send, 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] configured to acquire second biological information [e.g., EEG signals - ¶[0011]; see also ¶’s [0016], [0042], [0043]],…, and a second transmission unit [transceiver unit - ¶’s [0056], [0063]] configured to send, 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 sensing electrical signals from each electrode tip [e.g., ¶[0015] (“[i]n response to sensing electrical signals from each electrode tip”)].
Kaiser further teaches that each electrode tip can include additional electrode pairs [e.g., ¶[0041] (“an electrode tip 110 can include additional sense electrode and reference electrode pairs positioned on the surface of the electrode tip 110”)].
Kaiser additionally that each electrode tip can include an additional biometric sensor [e.g., ¶[0042] (“In one implementation, each electrode tip 110 includes a heart rate electrode in addition to the sense electrode 114, the reference electrode 116, and the driven ground electrode 118”)].
Kaiser teaches a transceiver for sending/receiving data to the controller [e.g., ¶[0056]], including in a wireless manner [¶[0063]].
Kaiser does not teach:
a first time acquisition unit configured to acquire reference time information… the reference time information to synchronize the first biological information with second biological information acquired by the second earpiece; [and]
a second time acquisition unit configured to acquire reference time information… the reference time information to synchronize the second biological information with the first biological information acquired by the first earpiece.
However, the problem that network transmission delays (including variations in transmission delays) can pose on the accurate analysis of physiological data when acquiring data from multiple wearable sensors transmitted over a network was well known in the art, before the effective filing date of the claimed invention.
As one non-limiting example, Hayami, in a similar field of endeavor, relates to transmission technology, and particularly to information analysis systems for transmitting information that requires timing synchronization [¶[0003]].
More particularly, Hayami teaches the acquisition of, e.g., electrocardiogram and pulse wave data from various sensors (10) [e.g., ¶[0032] (“The information analysis system 100 includes: a first sensor 10a and a second sensor 10b, which are generically referred to as sensors 1”); and ¶[0033] (“A sensor 10 is wearable by a person and measures biological information such as cardioelectricity, myoelectricity, pulse wave, heart rate, body temperature, etc., of the person wearing the sensor 10”)].
To address the drawbacks of transmission delays [e.g., ¶[0030] (“Since the network is formed by a wireless circuit, the Internet, etc., there is variation in transmission delay depending on a traffic condition. When there is variation in transmission delay, a plurality of pieces of detected information acquired at the same timing by different sensors are received by the receiver at different timing”)], Hayami teaches that each sensor (10a, 10b) includes an associated transmitter (12a, 12b) having a respective acquisition unit (34a, 34b) for receiving time information via a signal from a GPS satellite [e.g., ¶’s [0031], [0032] (“The first acquisition unit 34a and the second acquisition unit 34b are generically referred to as acquisition units 34”); ¶[0034] (“An acquisition unit 34 acquires time information generated based on a signal from a global positioning system (GPS) satellite. FIG. 2 illustrates the configuration of the acquisition unit 34. A multiplexer 32 includes: a GPS signal reception unit 60; an extraction unit 62; an update unit 64; and an output unit 66. The GPS signal reception unit 60 receives a signal from a GPS satellite, and the extraction unit 62 acquires time information from the signal from the GPS satellite. Publicly-known techniques may be used for these operations, and the explanation thereof is thus omitted”)].
Once received, the transmitter multiplexes detected information and time information in a time-dividing manner so that time information is inserted between pieces of detected information of a sensor. The transmitter transmits information that has been multiplexed in a time-dividing manner (an “information sequence”) to a receiver for purposes of timing synchronization [e.g., ¶’s [0031], [0036]].
Accordingly, in view of Kaiser’s teaching that electrical signals may be sensed from each electrode tip [e.g., ¶[0015]], that each electrode tip can include multiple electrode pairs [e.g., ¶[0041]], that each electrode tip can include an additional biometric sensor [e.g., ¶[0042]], and that sensed data from the electrode tips can be sent to a remote controller in a wireless manner [e.g., ¶’s [0013], [0025], [0056], [0063]], 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] include a first time acquisition unit configured to acquire reference time information, the reference time information to synchronize the first biological information with second biological information acquired by the second earpiece, and that the second earpiece [LEFT earpiece] include a second time acquisition unit configured to acquire reference time information, the reference time information to synchronize the second biological information with the first biological information acquired by the first earpiece, since such a modification would provide the benefit/advantage of ensuring that timing can be synchronized among pieces of the detected information to allow for more accurate data analysis and subsequent decision-making, as explicitly taught by Hayami.
10. Regarding claim 2, the combination of Kaiser and Hayami 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 configured to acquire 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] configured to send, 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 configured to acquire 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] configured to send, 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]].
11. Regarding claim 4, the combination of Kaiser and Hayami 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 configured to acquire 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] configured to send, 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 configured to acquire 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] configured to send, 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]].
12. Regarding claim 5, the combination of Kaiser and Hayami 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 configured to sample 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] configured to send, 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 configured to sample 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] configured to send, 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]].
13. 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 configured to be 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 configured to be 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] configured to acquire first biological information [e.g., EEG signals - ¶[0011]; see also ¶’s [0016], [0042], [0043]], …, and a first transmission unit [transceiver unit - ¶’s [0056], [0063]] configured to send, 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] configured to acquire second biological information [e.g., EEG signals - ¶[0011]; see also ¶’s [0016], [0042], [0043]],… , and a second transmission unit [transceiver unit - ¶’s [0056], [0063]] configured to send, 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 sensing electrical signals from each electrode tip [e.g., ¶[0015] (“[i]n response to sensing electrical signals from each electrode tip”)].
Kaiser further teaches that each electrode tip can include additional electrode pairs [e.g., ¶[0041] (“an electrode tip 110 can include additional sense electrode and reference electrode pairs positioned on the surface of the electrode tip 110”)].
Kaiser additionally that each electrode tip can include an additional biometric sensor [e.g., ¶[0042] (“In one implementation, each electrode tip 110 includes a heart rate electrode in addition to the sense electrode 114, the reference electrode 116, and the driven ground electrode 118”)].
Kaiser teaches a transceiver for sending/receiving data to the controller [e.g., ¶[0056]], including in a wireless manner [¶[0063]].
Kaiser does not teach:
a first time acquisition unit configured to acquire reference time information… the reference time information to synchronize the first biological information with second biological information acquired by the second device, [and]
a second time acquisition unit configured to acquire reference time information… the reference time information to synchronize the second biological information with the first biological information acquired by the first device.
However, the problem that network transmission delays (including variations in transmission delays) can pose on the accurate analysis of physiological data when acquiring data from multiple wearable sensors transmitted over a network was well known in the art, before the effective filing date of the claimed invention.
As one non-limiting example, Hayami, in a similar field of endeavor, relates to transmission technology, and particularly to information analysis systems for transmitting information that requires timing synchronization [¶[0003]].
More particularly, Hayami teaches the acquisition of, e.g., electrocardiogram and pulse wave data from various sensors (10) [e.g., ¶[0032] (“The information analysis system 100 includes: a first sensor 10a and a second sensor 10b, which are generically referred to as sensors 1”); and ¶[0033] (“A sensor 10 is wearable by a person and measures biological information such as cardioelectricity, myoelectricity, pulse wave, heart rate, body temperature, etc., of the person wearing the sensor 10”)].
To address the drawbacks of transmission delays [e.g., ¶[0030] (“Since the network is formed by a wireless circuit, the Internet, etc., there is variation in transmission delay depending on a traffic condition. When there is variation in transmission delay, a plurality of pieces of detected information acquired at the same timing by different sensors are received by the receiver at different timing”)], Hayami teaches that each sensor (10a, 10b) includes an associated transmitter (12a, 12b) having a respective acquisition unit (34a, 34b) for receiving time information via a signal from a GPS satellite [e.g., ¶’s [0031], [0032] (“The first acquisition unit 34a and the second acquisition unit 34b are generically referred to as acquisition units 34”); ¶[0034] (“An acquisition unit 34 acquires time information generated based on a signal from a global positioning system (GPS) satellite. FIG. 2 illustrates the configuration of the acquisition unit 34. A multiplexer 32 includes: a GPS signal reception unit 60; an extraction unit 62; an update unit 64; and an output unit 66. The GPS signal reception unit 60 receives a signal from a GPS satellite, and the extraction unit 62 acquires time information from the signal from the GPS satellite. Publicly-known techniques may be used for these operations, and the explanation thereof is thus omitted”)].
Once received, the transmitter multiplexes detected information and time information in a time-dividing manner so that time information is inserted between pieces of detected information of a sensor. The transmitter transmits information that has been multiplexed in a time-dividing manner (an “information sequence”) to a receiver for purposes of timing synchronization [e.g., ¶’s [0031], [0036]].
Accordingly, in view of Kaiser’s teaching that electrical signals may be sensed from each electrode tip [e.g., ¶[0015]], that each electrode tip can include multiple electrode pairs [e.g., ¶[0041]], that each electrode tip can include an additional biometric sensor [e.g., ¶[0042]], and that sensed data from the electrode tips can be sent to a remote controller in a wireless manner [e.g., ¶’s [0013], [0025], [0056], [0063]], 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 device [RIGHT earpiece] include a first time acquisition unit configured to acquire reference time information, the reference time information to synchronize the first biological information with second biological information acquired by the second device, and that the second device [LEFT earpiece] include a second time acquisition unit configured to acquire reference time information, the reference time information to synchronize the second biological information with the first biological information acquired by the first device, since such a modification would provide the benefit/advantage of ensuring that timing can be synchronized among pieces of the detected information to allow for more accurate data analysis and subsequent decision-making, as explicitly taught by Hayami.
14. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Kaiser and Hayami, as applied to claim 1 above, and further in view of U.S. Patent Application Publication No. 2021/0003717 to Patel et al. ("Patel").
15. Regarding claim 3, the combination of Kaiser and Hayami 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 Hayami 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 Hayami does not teach:
the first time acquisition unit configured to receive a GNSS signal sent from a GNSS satellite and acquires the reference time information including absolute time information, and
the second time acquisition unit configured to receive 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 suitable satellite network such as, e.g., a GNSS network, GPS, GLONASS, etc. [see ¶’s [0039], [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 Hayami such that the first acquisition unit be configured to receive a GNSS signal sent from a GNSS satellite and acquires the reference time information including absolute time information, and the second time acquisition unit be configured to receive 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/Hayami, 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).
Response to Arguments
16. As noted above, the 04/28/26 Amendment has overcome the claim objections and the rejections under § 103 previously set forth in the 01/28/2026 Action.
17. New claim objections, and new grounds of rejection under § 103 are set forth herein, necessitated by Applicant’s Amendment.
Conclusion
18. Applicant's amendment necessitated the new ground(s) of rejection presented in this
Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
19. 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, 8:30 AM - 4:30 PM MST.
Examiner Interviews are available via a variety of formats. See MPEP § 713.01. 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 M. Rodden, can be reached at telephone number 303-297-4276. 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/Primary Examiner, Art Unit 3794
Prosecution Insights