DETAILED ACTION
1. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
2. The information disclosure statements submitted are being considered by the examiner.
Double Patenting
3. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
4. Claims 1-9, 13 and 14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of co-pending Application No. 18/001,683 in view of Nakamura et al, U.S. Patent Application Publication No. 2002/0190689 combined with Chou, U.S. Patent Application Publication No. 2019/0223747 (hereinafter Chou).
Regarding claim 1 of the instant application, claim 15 of the co-pending case discloses an electronic device, comprising
a rectifier circuit that receives electric field energy of a radio wave or a quasi-electrostatic field in space and rectifies an alternating current (AC) signal into a direct current (DC), wherein
an antenna part is provided to include a first antenna element that is a conductor to be used in contact with a human body in a state where the human body is not grounded to a ground that is an earth; and a second antenna element that is a conductor different from the first antenna element and is provided so as not to be in contact with the human body,
an input line is connected in series to the rectifier circuit, the input line carrying an AC signal, from AC signals output from the antenna part, output to the rectifier circuit from the first antenna element that is used in contact with the human body,
an energy storage device is provided to store an output of the rectifier circuit.
Still on the issue of claim 1 of the instant application, claim 15 of the co-pending case does not teach a contact surface of the first antenna element with the human body includes an electrode including any one or a combination of gold, silver, aluminum, copper, iron, nickel, an alloy, a conductive resin, and a conductive rubber. All the same, Nakamura discloses a contact surface of the first antenna element with the human body includes an electrode (from paragraph 0152, see Also, the antenna terminal 11e contacts the human body A through a back lid 11f of the electronic equipment 500). Therefore, it would have been obvious to one of ordinary skill in the art to modify claim 15 wherein the contact surface of the first antenna element with the human body includes an electrode as taught by Nakamura. This modification would have improved the system’s reliability by providing a shielding casing for the rectifier unit as suggested by Nakamura (see paragraph 0099).
Further regarding claim 1 of the instant application, although Nakamura discloses a shield casing that is made of a metal (see paragraph 0099), Nakamura does not explicitly teach that the contact surface is any one or a combination of gold, silver, aluminum, copper, iron, nickel, an alloy, a conductive resin, and a conductive rubber. All the same, Chou discloses the contact surface is any one or a combination of gold, silver, aluminum, copper, iron, nickel, an alloy, a conductive resin, and a conductive rubber (from paragraph 0114, see For example, memory metal or flexible plastic material can be used to form the glass frame, and/or the electrode contact location can be arranged with elastic rubber or silicon in order to provide greater contact stability. Therefore, there is no limitation). Therefore, it would have been obvious to one of ordinary skill in the art to modify Nakamura wherein the contact surface is any one or a combination of gold, silver, aluminum, copper, iron, nickel, an alloy, a conductive resin, and a conductive rubber as taught by Chou. This modification would have improved the system’s reliability by providing greater contact stability as suggested by Chou (see paragraph 0114).
Regarding claim 2, claim 15 of the co-pending case discloses a communication means.
Regarding claim 3, claim 15 of the co-pending case discloses a power supply terminal.
Regarding claim 4, the combination of references discloses the electronic device is configured as earphones or a hearing aid (from paragraph 0066 of Chou, see in-ear housing).
Regarding claim 5, the combination of references discloses the earphones or the hearing aid include an earpiece in which the electrode is disposed (from paragraph 0069 of Chou, see For example, as shown in FIGS. 7a-7b, an electrode, such as thin metal or conductive fiber, can be attached onto a surface of the elastic member. Under such condition, it is necessary to consider how to electrically connect the electrode 100 on the elastic member surface to the circuit 104 inside the in-ear housing. In a preferred embodiment, the surface of the supporting body 12 can be configured to include a conductive portion 121 so as to achieve the connection between the electrode 100 and the circuit 104 through the conductive portion. For example, as shown in FIG. 7a, connecting wires can be used to connect the electrode 100 to the conductive portion 121 and connect the conductive portion 121 to the circuit 104. Alternatively, a different connection method also can be used between the conductive portion 121 and the electrode 100. For example, as shown in FIG. 7b, a conductive object 142 can be arranged between the two and in contact with the two at the same time such that the effect of electrical connection can still be achieved. Such method is more advantageous to maintain the contact between the electrode and the ear canal. It shall be noted that although only one single electrode is illustrated in the drawings, it can also be configured to include more than one electrode, without limitation).
Regarding claim 6, the combination of references discloses the earpiece includes a conductive resin, and metal wiring is formed on a wearing surface of the earpiece (from paragraph 0069 of Chou, see For example, as shown in FIGS. 7a-7b, an electrode, such as thin metal or conductive fiber, can be attached onto a surface of the elastic member. Under such condition, it is necessary to consider how to electrically connect the electrode 100 on the elastic member surface to the circuit 104 inside the in-ear housing. In a preferred embodiment, the surface of the supporting body 12 can be configured to include a conductive portion 121 so as to achieve the connection between the electrode 100 and the circuit 104 through the conductive portion. For example, as shown in FIG. 7a, connecting wires can be used to connect the electrode 100 to the conductive portion 121 and connect the conductive portion 121 to the circuit 104. Alternatively, a different connection method also can be used between the conductive portion 121 and the electrode 100. For example, as shown in FIG. 7b, a conductive object 142 can be arranged between the two and in contact with the two at the same time such that the effect of electrical connection can still be achieved. Such method is more advantageous to maintain the contact between the electrode and the ear canal. It shall be noted that although only one single electrode is illustrated in the drawings, it can also be configured to include more than one electrode, without limitation).
Regarding claim 7, the combination of references discloses the earphones or the hearing aid are of an ear-hooking-type (from paragraph 0033 of Chou, see ear-hook).
Regarding claim 8, the combination of references discloses the earphones or the hearing aid include an ear hook portion provided with the electrode (from paragraph 0101, see an ear-hooking structure according to a preferred embodiment of the present invention and the engagement between the ear-hooking structure and the auricle are illustrated. The ear-hooking structure shown in the drawings comprises a front ear member 60, preferably, as the in-hear housing as mentioned above, and an extension member 62 extended upward from the front ear member 60, cross over the top of the auricle, and reach the backside (convex side) of the auricle, wherein between the two members, there exist interactive forces for ensuring that the ear-hooking structure can be firmly maintained on the auricle. The electrode is mounted on the extension member at a location capable of contacting with the backside skin of the ear. Accordingly, the contact between the electrode and the skin can be stabilized naturally by the interactive forces between the front ear member and the extension member).
Regarding claim 9, the combination of references discloses the electronic device is configured as a headphone (from paragraph 0245 of Chen, see headphone).
Regarding claim 13, the combination of references discloses the electronic device is configured as smart glasses (from paragraph 0113 of Chou, see VR glasses).
Regarding claim 14, the combination of references discloses the smart glasses include a temple provided with the electrode (from Figure 22f of Chou, see 200).
5. Claim 10 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of co-pending Application No. 18/001,683 combined with Nakamura and Chou in further view of in further view of Alcaide et al, U.S. Patent Application Publication No. 2022/0187912 (hereinafter Alcaide).
Regarding claim 10, the combination of references does not clearly teach the headphones include an ear pad on which the electrode is disposed. All the same, Alcaide discloses the headphones include an ear pad on which the electrode is disposed (from paragraph 0004, see Each of the electrodes on the set of headphones may be situated in or around the region of the headphones designed to make contact with the ear region of a user's head. For example, the electrodes may be situated on a respective ear cuff cushion of the set of headphones and engaged with conductive fabric of the ear cuff cushion, such that the electrodes make electrical contact with a user through the conductive fabric). Therefore, it would have been obvious to one of ordinary skill in the art to further modify the combination of references wherein the headphones include an ear pad on which the electrode is disposed as taught by Alcaide. This modification would have improved comfort by providing a cushion as suggested by Alcaide.
6. Claims 11 and 12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of co-pending Application No. 18/001,683 combined with Nakamura and Chou in view of Li, U.S. Patent Application Publication No. 2022/0106963 (hereinafter Li).
Regarding claim 11, the combination of references does not teach the electronic device is configured as a neck-hanging-type temperature adjustment device. All the same, Li discloses the electronic device is configured as a neck-hanging-type temperature adjustment device (from abstract, see A neck fan includes an arc-shaped housing configured to hang around user's neck). Therefore, it would have been obvious to one of ordinary skill in the art to further modify the combination of references wherein the electronic device is configured as a neck-hanging-type temperature adjustment device as taught by Li. This modification would have improved convenience by allowing the user to realize cooling anytime and anywhere as suggested by Li (see paragraph 0003).
Regarding claim 12, the combination of references as modified by Li discloses the electrode (from Figure 17 of Nakamura, see 11f) is disposed at a position close to or in contact with a human body (from Figure 16 of Nakamura, see A) in the neck-hanging-type temperature adjustment device (from abstract of Li, see A neck fan includes an arc-shaped housing configured to hang around user's neck).
Claim Rejections - 35 USC § 103
7. 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.
8. Claims 1-9, 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura in view of Chou.
Regarding claim 1, Nakamura discloses an electronic device (from paragraph 0151, see Note that this electronic equipment 500 is an electronic wrist watch), comprising:
a rectifier circuit (from paragraph 0156, see it becomes possible to collect a radio wave propagating in the air through a human body and an antenna, convert collected electromagnetic energy into electric power, generate electric power having a DC waveform by rectifying electric power having an AC waveform) that receives electric field energy of a radio wave or a quasi-electrostatic field in space and rectifies an alternating current (AC) signal into a direct current (DC), wherein
an antenna part is provided to include a first antenna element (from paragraph 0152, see When the electronic equipment 500 is placed on a human body (arm) A, an antenna terminal lie of the electronic equipment 500 contacts the human body (arm) A. Under this condition, the human body A functions as a virtual antenna 11c. Also, aside from the virtual antenna 11c, an antenna 11a inputs a radio wave propagating in a free space. Note that the antenna 11a is connected to an antenna terminal lid) that is a conductor to be used in contact with a human body in a state where the human body is not grounded to a ground that is an earth; and a second antenna element (see ground from Figure 18) that is a conductor different from the first antenna element and is provided so as not to be in contact with the human body,
an input line (from paragraph 0155, see Note that this electronic equipment 500 includes the antenna terminal 11b that establishes contact with the human body A, a matching unit 52b for establishing impedance matching between the human body A side and the control unit 14 side, an antenna 11a through which a radio wave is directly inputted from a free space, and a matching unit 52a for establishing impedance matching between the antenna 11a side and the control unit 14 side) is connected in series to the rectifier circuit, the input line carrying an AC signal, from AC signals output from the antenna part, output to the rectifier circuit from the first antenna element that is used in contact with the human body,
an energy storage device is provided to store an output of the rectifier circuit (from paragraph 0156, see charge the rectified electric power having the DC waveform into a secondary battery, and supply an electric load with the rectified electric power having the DC waveform or with electric power having a DC waveform discharged from the secondary battery), and
a contact surface (from paragraph 0152, see Also, the antenna terminal 11e contacts the human body A through a back lid 11f of the electronic equipment 500) of the first antenna element with the human body includes an electrode.
Still on the issue of claim 1, although Nakamura discloses a shield casing that is made of a metal (see paragraph 0099), Nakamura does not explicitly teach that the contact surface is any one or a combination of gold, silver, aluminum, copper, iron, nickel, an alloy, a conductive resin, and a conductive rubber. All the same, Chou discloses the contact surface is any one or a combination of gold, silver, aluminum, copper, iron, nickel, an alloy, a conductive resin, and a conductive rubber (from paragraph 0114, see For example, memory metal or flexible plastic material can be used to form the glass frame, and/or the electrode contact location can be arranged with elastic rubber or silicon in order to provide greater contact stability. Therefore, there is no limitation). Therefore, it would have been obvious to one of ordinary skill in the art to modify Nakamura wherein the contact surface is any one or a combination of gold, silver, aluminum, copper, iron, nickel, an alloy, a conductive resin, and a conductive rubber as taught by Chou. This modification would have improved the system’s reliability by providing greater contact stability as suggested by Chou (see paragraph 0114).
Regarding claim 2, Nakamura discloses a communication means (from paragraph 0002, see The present invention relates to a power supply apparatus and an electronic equipment, and more specifically relates to a power supply apparatus that is useful for supplying electric power to a portable electronic equipment, such as a wrist watch or a mobile telephone, and to an electronic equipment that uses the power supply apparatus).
Regarding claim 3, Nakamura discloses a power supply terminal (from paragraph 0002, see The present invention relates to a power supply apparatus and an electronic equipment, and more specifically relates to a power supply apparatus that is useful for supplying electric power to a portable electronic equipment, such as a wrist watch or a mobile telephone, and to an electronic equipment that uses the power supply apparatus).
Regarding claim 4, the combination of Nakamura and Chou discloses the electronic device is configured as earphones or a hearing aid (from paragraph 0066 of Chou, see in-ear housing).
Regarding claim 5, the combination of Nakamura and Chou discloses the earphones or the hearing aid include an earpiece in which the electrode is disposed (from paragraph 0069 of Chou, see For example, as shown in FIGS. 7a-7b, an electrode, such as thin metal or conductive fiber, can be attached onto a surface of the elastic member. Under such condition, it is necessary to consider how to electrically connect the electrode 100 on the elastic member surface to the circuit 104 inside the in-ear housing. In a preferred embodiment, the surface of the supporting body 12 can be configured to include a conductive portion 121 so as to achieve the connection between the electrode 100 and the circuit 104 through the conductive portion. For example, as shown in FIG. 7a, connecting wires can be used to connect the electrode 100 to the conductive portion 121 and connect the conductive portion 121 to the circuit 104. Alternatively, a different connection method also can be used between the conductive portion 121 and the electrode 100. For example, as shown in FIG. 7b, a conductive object 142 can be arranged between the two and in contact with the two at the same time such that the effect of electrical connection can still be achieved. Such method is more advantageous to maintain the contact between the electrode and the ear canal. It shall be noted that although only one single electrode is illustrated in the drawings, it can also be configured to include more than one electrode, without limitation).
Regarding claim 6, the combination of Nakamura and Chou discloses the earpiece includes a conductive resin, and metal wiring is formed on a wearing surface of the earpiece (from paragraph 0069 of Chou, see For example, as shown in FIGS. 7a-7b, an electrode, such as thin metal or conductive fiber, can be attached onto a surface of the elastic member. Under such condition, it is necessary to consider how to electrically connect the electrode 100 on the elastic member surface to the circuit 104 inside the in-ear housing. In a preferred embodiment, the surface of the supporting body 12 can be configured to include a conductive portion 121 so as to achieve the connection between the electrode 100 and the circuit 104 through the conductive portion. For example, as shown in FIG. 7a, connecting wires can be used to connect the electrode 100 to the conductive portion 121 and connect the conductive portion 121 to the circuit 104. Alternatively, a different connection method also can be used between the conductive portion 121 and the electrode 100. For example, as shown in FIG. 7b, a conductive object 142 can be arranged between the two and in contact with the two at the same time such that the effect of electrical connection can still be achieved. Such method is more advantageous to maintain the contact between the electrode and the ear canal. It shall be noted that although only one single electrode is illustrated in the drawings, it can also be configured to include more than one electrode, without limitation).
Regarding claim 7, the combination of Nakamura and Chou discloses the earphones or the hearing aid are of an ear-hooking-type (from paragraph 0033 of Chou, see ear-hook).
Regarding claim 8, the combination of Nakamura and Chou discloses the earphones or the hearing aid include an ear hook portion provided with the electrode (from paragraph 0101, see an ear-hooking structure according to a preferred embodiment of the present invention and the engagement between the ear-hooking structure and the auricle are illustrated. The ear-hooking structure shown in the drawings comprises a front ear member 60, preferably, as the in-hear housing as mentioned above, and an extension member 62 extended upward from the front ear member 60, cross over the top of the auricle, and reach the backside (convex side) of the auricle, wherein between the two members, there exist interactive forces for ensuring that the ear-hooking structure can be firmly maintained on the auricle. The electrode is mounted on the extension member at a location capable of contacting with the backside skin of the ear. Accordingly, the contact between the electrode and the skin can be stabilized naturally by the interactive forces between the front ear member and the extension member).
Regarding claim 9, the combination of Nakamura and Chou discloses the electronic device is configured as a headphone (from paragraph 0245 of Chen, see headphone).
Regarding claim 13, the combination of Nakamura and Chou discloses the electronic device is configured as smart glasses (from paragraph 0113 of Chou, see VR glasses).
Regarding claim 14, the combination of Nakamura and Chou discloses the smart glasses include a temple provided with the electrode (from Figure 22f of Chou, see 200).
9. Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura combined with Chou in further view of Li.
Regarding claim 11, the combination of Nakamura and Chou does not teach the electronic device is configured as a neck-hanging-type temperature adjustment device. All the same, Li discloses the electronic device is configured as a neck-hanging-type temperature adjustment device (from abstract, see A neck fan includes an arc-shaped housing configured to hang around user's neck). Therefore, it would have been obvious to one of ordinary skill in the art to further modify the combination of Nakamura and Chou wherein the electronic device is configured as a neck-hanging-type temperature adjustment device as taught by Li. This modification would have improved convenience by allowing the user to realize cooling anytime and anywhere as suggested by Li (see paragraph 0003).
Regarding claim 12, the combination of Nakamura and Chou as modified by Li discloses the electrode (from Figure 17 of Nakamura, see 11f) is disposed at a position close to or in contact with a human body (from Figure 16 of Nakamura, see A) in the neck-hanging-type temperature adjustment device (from abstract of Li, see A neck fan includes an arc-shaped housing configured to hang around user's neck).
10. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Nakamura combined with Chou in further view of Alcaide.
Regarding claim 10, the combination of references does not clearly teach the headphones include an ear pad on which the electrode is disposed. All the same, Alcaide discloses the headphones include an ear pad on which the electrode is disposed (from paragraph 0048, see . It is understood that the electrodes can be integrated into the ear cup, ear cushion, Ear-Pads, earpads, ear-canal-probe, ear-bud, or other part of the headphones that make contact with a user's skin in or around the user's ear). Therefore, it would have been obvious to one of ordinary skill in the art to further modify the combination of references wherein the headphones include an ear pad on which the electrode is disposed as taught by Alcaide. This modification would have improved comfort by providing a cushion as suggested by Alcaide.
Conclusion
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLISA ANWAH whose telephone number is 571-272-7533. The examiner can normally be reached Monday to Friday from 8.30 AM to 6 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn Edwards can be reached on 571-270-7136. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications and 571-273-8300 for After Final communications.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-2600.
/OLISA ANWAH/Primary Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
Olisa Anwah
Patent Examiner
January 14, 2026