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 .
Claim Rejections - 35 USC § 112
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.
Claim 5 is 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.
Re. Claim 5: Claim 5 recites the limitation "the electrode fixing adjusting part.” There is insufficient antecedent basis for this limitation in the claim. Examiner recommends amending the limitation to more clearly establish antecedent basis between either the “elastic electrode fixing member” recited in claim 1 or the “fixing adjusting part” recited in claim 4.
For purposes of examination, the limitation will be interpreted as “fixing adjusting part,” commensurate with the terminology in claim 4.
Claim Rejections - 35 USC § 102
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.
Claims 1-4, 6, and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by:
Tadi et al. (US 20180239430 A1) (disclosed by Applicant) (hereinafter – Tadi).
Re. Claim 1: Tadi teaches a brain wave measuring device (Title; Paragraph 0222; Fig. 13: brain wave processing)
comprising:
a frame that is mounted on a head of a subject (Fig. 4b, 4c: frame support 9);
an electrode part that comes into contact with the head (Fig. 9: electrodes 22 mounted on head); and
an elastic electrode fixing member that is attached to the frame and to which the electrode part is attached (Figs. 4b-4j: see components of sensing device 3 used for holding electrodes; Paragraph 0111: “The support 4 may advantageously be made of a flexible elastic or semi-rigid material (as opposed to a textile fabric used in conventional caps) that is flexible enough to bend out of its major plane to conform to the rounded shape of a wearer's head…”),
wherein the elastic electrode fixing member expands along a shape of the head in a case where the frame is mounted on the head and the electrode part is pushed against the head (see previous citation; Paragraph 0015: “… the electrodes are correctly positioned and pressed against the user's head”).
Re. Claim 2: Tadi teaches the invention according to claim 1. Tadi further teaches the invention wherein the elastic electrode fixing member has an elastic sheet material (Figs. 4b-4j: EEG electrode support 4 is formed from multiple portions of a flattened elastic material as described at Paragraph 114, and is considered sheet-like; see also elastic tensioners 7, which are also elastic and flattened as also described at Paragraph 114).
Re. Claim 3: Tadi teaches the invention according to claim 1. Tadi further teaches the invention wherein the elastic electrode fixing member has an elastic band member (see citation of rejection of claim 2).
Re. Claim 4: Tadi teaches the invention according to claim 2. Tadi further teaches the invention further comprising:
a fixing adjusting part that adjusts an expansion and contraction state of the electrode fixing member (Figs. 4e, 4i, 4j: tensioner anchors 405, 605, which may take the form of fixing orifices as described in Paragraph 0114, allowing for adjustment of position of support 4)
and attaches the elastic electrode fixing member to the frame (Paragraph 0114: “The support 4 further comprises tensioner anchors 405, for instance in the form of fixing orifices, that allow elastic ties 7 or other forms of elastic tensioners to be anchored between positions in the stem, branches and extensions of the EEG sensing device, and also between the EEG sensing device and the head mount frame support 9;” thus, the elastic support 4 is attached to the frame via elastic ties 7 passing through fixing orifices).
Re. Claim 6: Tadi teaches the invention according to claim 1. Tadi further teaches the invention
wherein the elastic electrode fixing member is attachable to and detachable from the frame (Paragraph 0114: “The support 4 further comprises tensioner anchors 405, for instance in the form of fixing orifices, that allow elastic ties 7 or other forms of elastic tensioners to be anchored between positions in the stem, branches and extensions of the EEG sensing device, and also between the EEG sensing device and the head mount frame support 9”),
and an attachment position is adjustable (Paragraph 0114: “… the elastic tensioners allow a certain adjustment in the distance between center and front, and between center and rear, to conform to different head sizes… The length of each elastic ties may be pre-adjusted during assembly of the sensing device and thereafter remain fixed lengths, but in some embodiments some or all of the elastic tensioners may be of adjustable lengths;” Examiner further notes that since Tadi elastic “ties,” the term tie is understood to also encompass manually tying portions of elastic to fixing orifices, whereby the act of tying an elastic band may be reversible/adjustable).
Re. Claim 8: Tadi teaches the invention according to claim 1. Tadi further teaches the invention wherein a portion that expands and contracts in the elastic electrode fixing member is provided with a silicone rubber (Paragraph 0111: “In advantageous embodiments the support may be molded in a single piece, for instance injection molded, press die molded, or blow-molded, out of an elastic polymeric material such as a silicon rubber polymer or similar. The support comprises a base wall 401 and side walls 402 extending along edges of the base wall to form an essentially flat “U” shaped channel 403 in which the flexible circuit 6 is inserted. A flexible sealing material 5, for instance a polymeric elastic potting resin or silicon rubber based potting material may be filled over the flexible circuit in the channel, thus forming a top wall of the support, in order to seal the electrical circuit tracks and components on the flexible circuit”).
Re. Claim 9: Tadi teaches the invention according to claim 1. Tadi further teaches the invention further comprising:
a mounting adjustment part that adjusts a mounting state of the frame in a head circumference direction (Paragraph 0116: “In an embodiment, as schematically illustrated, the head mount frame support 9 may comprise a head band with an adjustable diameter to allow a correct fit around a wearer's head, the head band being rigid against bending at least in the pulling direction of the elastic tensioners 7”).
Re. Claim 10: Tadi teaches a brain wave measuring method comprising:
performing a brain wave measurement by mounting the brain wave measuring device according to Claim 1 on a head of a subject (Fig. 2a: EEG acquisition using head set 2; see also – Fig. 9, 10, 13).
Claim Rejections - 35 USC § 103
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over:
Tadi et al. (US 20180239430 A1) (disclosed by Applicant) (hereinafter – Tadi) in view of
Mann (US 5800351 A) (disclosed by Applicant) (hereinafter – Mann).
Re. Claim 5: Tadi teaches the invention according to claim 4. Tadi does not teach an insertion part that is provided in the frame (i.e., frame support 9) into which a part of the elastic electrode fixing member (i.e., support 4 and/or elastic ties 7) is inserted, and a fixing part that fixes the elastic electrode fixing member inserted into the insertion part of the frame. Particularly, Tadi is silent regarding the particulars of how the elastic ties 7 and/or portions of support 4 (Paragraph 0115: tensioners and support 4 may be integrally formed together), is connected to the frame support 9.
Mann teaches analogous art in the technology of electrode supporting head sets (Title; Abstract). Mann further teaches the invention wherein the electrode fixing adjusting part has
an insertion part that is provided in the frame and into which a part of the elastic electrode fixing member is inserted (Figs. 3, 4: fittings 12A (akin to support 4 of Tadi) possessing slots 21A or 23A into which an strap 30 or 42 (akin to electrode support of Tadi) is inserted; Fig. 8: see how straps 30 anchor around attachment fitting 12A’ around ear; Fig. 9: attachment fitting 12A’ having slot 21A through which strap 30’ is inserted), and
a fixing part that fixes the elastic electrode fixing member inserted into the insertion part of the frame (Figs. 3, 4, 9: see hook and loop pads, e.g., 38A, 38B, 48A, 48B).
It would have been obvious to one having skill in the art before the effective filing date to have modified Tadi to include the hook and loop pad and slot structures as taught by Mann to attach the support 4 and/or tensioners 7 to the frame support 9, the motivation being that doing so allows for easier disassembly of the electrode support 4 and/or tensioners 7 from the frame support 9, thus allowing for ease of component replacement or storage and further provides an alternative method by which the support 4 can be adjusted and secured to the head.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over:
Tadi et al. (US 20180239430 A1) (disclosed by Applicant) (hereinafter – Tadi) in view of
Gevins et al. (US 4967038 A) (hereinafter – Gevins).
Re. Claim 7: Tadi teaches the invention according to claim 1. Tadi does not teach wherein the electrode fixing member and the frame are integrally provided (i.e., formed as a continuous piece). Particularly, Tadi does not teach that the support 4 which affixes electrodes is integrally provided with the frame support 9.
Gevins teaches analogous art in the technology of head-mounted electrode recording systems (Abstract; Fig. 1). Gevins further teaches wherein the electrode fixing member and the frame are integrally provided (Figs. 1, 5A, 6: flexible printed circuit board 34 holds electrodes, while integrally formed portion 13b acts as a support).
It would have been obvious to one having skill in the art before the effective filing date to have modified Tadi to utilize integrated construction of the support 4 and frame support 9 as taught by the construction of the device of Gevins, the motivation being that doing so simplifies construction of the device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN XU whose telephone number is (571)272-6617. The examiner can normally be reached Mon-Fri 7:30-5:00.
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/JUSTIN XU/Primary Examiner, Art Unit 3791
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