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 .
2. Claims 1-20 are pending with claims 10-15 withdrawn. Bolded claim language below regards newly amended subject matter with a corresponding new rejection citation. Newly amended subject matter that is not bolded does not comprise a new rejection citation (utilizes previous interpretation that is unchanged in view of the new language) or is a newly added claim.
Drawings
3. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 214, 606, 612, 614, and 618.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 103
4. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 1-6, 8-9, 16, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Filfil (US Patent Application Publication 2023/0210426) in view of Luna et al. (US Patent Application Publication 2015/0359491), herein after referred to as Luna, and further in view of Deliwala (US Patent Application Publication 2018/0338696).
Regarding independent claim 1, Filfil discloses a method for electrode sensing at a wearable electronic device (Abstract reference method and figure 1 reference device 1. Figure 7 reference wear sleeve describing the device as wearable.), the method comprising:
in response to [ ] a user (500) is wearing the wearable electronic device (1) (Figure 7 reference start wear sleeve described in paragraph [0107] describes the calibration to start in response to “start wear sleeve”.):
applying, using a contact detection circuit (1) (Figure 1 reference apparatus 1 comprising controller/processor 114 described in paragraphs [0091] and [0097] to detect electrode resistance and control resistance thereof by measuring changes of the signal of the electrodes. Paragraph [0081] describes the electrodes 100-102 to be placed on a subject’s skin. Figure 5 depicts an example of the signal during electrode disconnect as described in paragraph [0103]. This describes apparatus 1 as a contact detection circuit.), a test signal (106/107) to a sensing electrode (100/101) (Figure 1 reference signal generators 106/107 described in paragraph [0083 to generating respective first and second signals to respective first and second electrodes 100 and 101.); and
determining, using a data buffer (117) coupled to the sensing electrode (100/101) (The current application’s originally filed specification figure 3 describes buffer 312 as a voltage amplifier used to transfer sensed voltage from the electrode. Prior art Filfil discloses amplifier 117 connected with sensing electrodes 100-101.), an input impedance (108/109) for the sensing electrode (100/101) using the test signal (106/107) (Paragraphs [0085] and [0087]-[0088] describes terminals 103/104 to be connected to electrodes 100/101 and sensed by circuitry 115/116 of amplifiers 111/112. Paragraphs [0091]-[0092] describes an input impedance to be determined via controlled variable resistance loads 108/109 as a function of the amplitude of the output signal of circuits 115/116 to, thereafter, increase or decrease the resistance loads of the variable resistances 108/109.), [ ];
determining a gain adjustment (118) using the input impedance (108/109) and a baseline impedance (initial calibration values) (Paragraph [0106] describes the system is calibrated with initial calibration values (baseline). Paragraph [0091]-[0093] describes utilizing input impedance 108/109 as a function of amplitude of the output from 110/115/116/117. The output determined from 1110/115/116/117 determines adjustment to impedance 108/109 and gain 118.);
measuring, using a physiological sensing circuit (Figure 1 reference output 120 described in paragraphs [0090] and [0099] as an electromyogram EMG (physiological signal). This describes apparatus 1 to additional be considered a physiological sensing circuit.), an electrical signal (output of 110/117) of the user (500) using the sensing electrode (100/101) (Paragraph [0086] describes 110 to measure 103/104 via amp 117 (which produces an output that is input to 118 as shown in figure 1).); and
applying (120), using the physiological sensing circuit (1), the gain adjustment (118) to the measured electrical signal (output of 110/117) (Figure 3 reference signal gain increased based on feedback described in paragraphs [0086], [0093], and [0097] to be a gain, applied to output of 110/117.); and
determining a physiological parameter of the user (500) (Paragraph [0002] describes the detection of bio-signals are used for detecting, diagnosing, and monitoring of diseases. Paragraph [0086] describes the signals measured from the terminals 103/104 of electrodes 100/101 are bio-potential signals.) using the measured electrical signal (output of 110/117) having the gain adjustment (118) applied (120).
Filfil discloses in figure 7 to “start wear sleeve” and paragraph [0107] describes after placing the electrodes onto the surface of the skin the apparatus starts to drive signals. However, Filfil does not specifically disclose determining that a user is wearing the wearable electronic device.
Luna discloses a method for electrode sensing at a wearable electronic device comprising: in response to determining that a user is wearing the wearable electronic device applying, using a physiological sensing circuit, a test signal to a sensing electrode (Paragraph [0231] describes driving a current magnitude as a bioimpedance/test signal used to capture a sensor signal that represents a physiological characteristic. Paragraph [0234] describes said signal is applied in response to a determination that the electrodes are on the body (worn) otherwise the signal is ceased or reduced to conserve power.).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Filfil with the known technique of in response to determining that a user is wearing the wearable electronic device applying, using a physiological sensing circuit, a test signal to a sensing electrode yielding the predictable results of conserving power as disclosed by Luna (paragraph [0234]).
Further, Filfil does not specifically disclose wherein the data buffer is isolated from measuring electrical inputs from other sensing electrodes.
Deliwala discloses wherein the data buffer (975/1075) is isolated from measuring electrical inputs (Csense) from other sensing electrodes (915/1015+920/1020) (Figure 9-10 and paragraphs [0113]-[0119] describes said figures respectively as charging and measurement phases of a sensing electrode. Specifically, paragraph [0115] describes the use of switches 905/1005 and 990/1090 to isolate the sensing capacitor during said phases.).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Filfil’s data buffer coupled ot the sensing electrode with the known technique of the data buffer is isolated from the measuring electrical inputs from other sensing electrodes yielding the predictable results of measuring potential changes void of what normally would be a small amount of current that would normally flow without isolation (implied noise) as disclosed by Deliwala (paragraph [0116]).
Regarding claim 2, Filfil discloses the method of claim 1, further comprising:
in response to determining that the input impedance (108/109) does not satisfy a criterion (Paragraph [0091]-[0093] describes utilizing input impedance 108/109 as a function of amplitude of the output from 110/115/116/117. The output determined from 1110/115/116/117 determines adjustment to impedance 108/109 and gain 118. Paragraph [0100] describes due to movement of the user the electrodes may be displaced requiring adjustment of the variable controlled resistance loads 108/109 to compensate for movement artifacts restoring the signal to that of/close to before electrode displacement. Further, Paragraph [0101] describes correcting for impedance changes caused by sweat accumulating on the skin’s surface causing the amplitude of the measured signal to decrease requiring gain to be increased. Paragraph [0106] describes wherein movement artifacts and/or sweat accumulation requires updated gain and impedance balance. This describes the criterion as electrode displacement and/or sweat.), determining the physiological parameter by applying (120) the gain adjustment (118) to the measured electrical signal (output of 110/117) (Figure 1 reference output 120 with gain 118 applied due to sweat accumulation (not satisfying a no-sweat condition in either an electrode displaced or non-displaced condition).); and
in response to determining that the input impedance (108/109) satisfies the criterion (Not displaced in either a sweat or no sweat condition), determining the physiological parameter without applying (119) the gain adjustment (118) to the measured electrical signal (output of 110/117) (Figure 1 reference output 119 with no gain 118 applied as described in paragraphs [0090]-[0093] to not be applied in the criterion when no-sweat is detected (satisfying a no-sweat condition when the electrode is displaced or not).).
Regarding claim 3, Filfifl discloses the method of claim 1, further comprising, prior to applying the test signal (106/107), performing a calibration process that uses the contact detection circuit (1) to determine the baseline impedance (initial calibration values) for the sensing electrode (100/101) (Paragraph [0084] describes 106/107 used for reference signals for stored calibrated values (later described in paragraph [0106] as initial calibration values).).
Regarding claim 4, Filfilf discloses the method of claim 3, wherein the physiological parameter is determined as part of a first sensing session and further comprising:
determining by the wearable electronic device to initiate a second sensing session (re-calibration), after completion of the first sensing session (initial calibration values) (Paragraph [0106] describes an initial calibration (paragraph [0084]) and a re-calibration due to registered electrode displacement and/or sweat.);
in response to determining to initiate the second sensing session (Paragraph [0106] describes to re-calibrate/second session upon/in response to registration of electrode displacement and/or sweat.):
applying a second (re-calibration) test signal (106/107) to the user (500) (paragraph [0083]);
measuring a second (re-calibration) electrical signal (output of 110/117) of the user (500) determining a second (re-calibration) gain adjustment (118) (Paragraph [0091]-[0093] describes utilizing input impedance 108/109 as a function of amplitude of the output from 110/115/116/117. The output determined from 1110/115/116/117 determines adjustment to impedance 108/109 and gain 118.); and
determining a second (re-calibration) physiological parameter (Paragraph [0002] describes the detection of bio-signals are used for detecting, diagnosing, and monitoring of diseases. Paragraph [0086] describes the signals measured from the terminals 103/104 of electrodes 100/101 are bio-potential signals.) of the user (500) by applying (120) the second (re-calibration) gain adjustment (118) to the measured second (re-calibration) electrical signal (output of 110/117).
Regarding claim 5, Filfil discloses the method of claim 1, wherein the test signal (106/107) is a time-varying electrical signal (Paragraph [0084] describes 106/107 as an alternating signal in the range of 100 to 700 Hz.).
Regarding claim 6, Filfil discloses the method of claim 1, wherein measuring the electrical signal (output of 110/117) of the user (500) comprises measuring a cardiac electrical signal (Paragraph [0099] electromyogram EMG) of the user (500) using the sensing electrode (100) and at least a second electrode (101) located on the wearable (Figure 7 and paragraph [01010] describes the device as a sleeve for keeping the electrodes on the skin.) electronic device (1) (paragraph [0095]).
Regarding claim 8, Filfil discloses the method of claim 1, wherein the sensing electrode (100/101) is a dry electrode that contacts a skin surface (500) of the user when the wearable electronic device is worn by the user (paragraph [0082]).
Regarding claim 9, Filfil and Luna discloses the method of claim 1 (rejections citations from Filfil figure 1 unless otherwise stated), further comprising:
in response to determining (Luna: Paragraph [0234] describes said signal is applied in response to a determination that the electrodes are on the body (worn) otherwise the signal is ceased or reduced to conserve power.) that the user is wearing the wearable electronic device (1):
applying a second test signal (107) to a second sensing electrode (101) (paragraph [0083]); and
determining a second input impedance (109) for the second sensing electrode (101) using the second test signal (106) (Paragraphs [0085] and [0087]-[0088] describes terminals 103/104 to be connected to electrodes 100/101 and sensed by circuitry 115/116 of amplifiers 111/112. Paragraphs [0091]-[0092] describes an input impedance to be determined via controlled variable resistance loads 108/109 as a function of the amplitude of the output signal of circuits 115/116 to, thereafter, increase or decrease the resistance loads of the variable resistances 108/109.);
determining a second gain adjustment (figure 12 118) using the second input impedance (109) and the baseline impedance (initial calibration values) (Paragraph [0106] describes the system is calibrated with initial calibration values (baseline). Paragraph [0091]-[0093] describes utilizing input impedance 108/109 as a function of amplitude of the output from 110/115/116/117. The output determined from 1110/115/116/117 determines adjustment to impedance 108/109 and gain 118. Paragraph [0121] describes when the processor is powerful enough the output of amplifier 117 may be analyzed to differentiate between the signals of the first signal generator 106 and the second signal generator 107 describing said differentiation of outputs also each comprise an applied gain 118 as described in paragraph [0122].);
measuring a second electrical signal (figure 12 differentiated output of 110/117) of the user (500) using the second sensing electrode (101) (paragraphs [0121]-[0122]); and
determining the physiological parameter of the user (500) (Paragraph [0002] describes the detection of bio-signals are used for detecting, diagnosing, and monitoring of diseases. Paragraph [0086] describes the signals measured from the terminals 103/104 of electrodes 100/101 are bio-potential signals.) by applying (figure 12 differentiated output 120) the second gain adjustment (figure 12 differentiated output 118) to the measured second electrical signal (figure 12 differentiated output of 110/117) (paragraphs [0121]-[0122]).
Regarding independent claim 16, Filfil discloses a system for electrode sensing at a wearable electronic device (Abstract reference method and figure 1 reference device 1. Figure 7 reference wear sleeve describing the device as wearable.), the system comprising:
a housing configured to be coupled to a user (Figure 7 and paragraph [0101] describes the device as a sleeve (housing) for keeping the electrodes on the skin.);
a sensing electrode (Figure 1 100/101) coupled to the housing (sleeve) (Figure 7 and paragraph [0101] describes the device as a sleeve (housing) for keeping the electrodes on the skin.) and configured to contact the user (500); and a processor (114) configured to:
in response to [ ] that the user is wearing the wearable electronic device (Figure 7 reference start wear sleeve described in paragraph [0107] describes the calibration to start in response to “start wear sleeve”.):
cause a test signal (106/107) to be applied to the sensing electrode (100/101) (Figure 1 reference signal generators 106/107 described in paragraph [0083 to generating respective first and second signals to respective first and second electrodes 100 and 101.); and
determine, using a data buffer (117) coupled to the sensing electrode (100/101) (The current application’s originally filed specification figure 3 describes buffer 312 as a voltage amplifier used to transfer sensed voltage from the electrode. Prior art Filfil discloses amplifier 117 connected with sensing electrodes 100-101.), an input impedance (108/109) for the sensing electrode (100/101) using the test signal (106/107) (Paragraphs [0085] and [0087]-[0088] describes terminals 103/104 to be connected to electrodes 100/101 and sensed by circuitry 115/116 of amplifiers 111/112. Paragraphs [0091]-[0092] describes an input impedance to be determined via controlled variable resistance loads 108/109 as a function of the amplitude of the output signal of circuits 115/116 to, thereafter, increase or decrease the resistance loads of the variable resistances 108/109.), [ ];
determine a gain adjustment (118) using the input impedance (108/109) and a baseline impedance (initial calibration values) (Paragraph [0106] describes the system is calibrated with initial calibration values (baseline). Paragraph [0091]-[0093] describes utilizing input impedance 108/109 as a function of amplitude of the output from 110/115/116/117. The output determined from 1110/115/116/117 determines adjustment to impedance 108/109 and gain 118.);
measure an electrical signal (output of 110/117) of the user (500) using the sensing electrode (100/101) (Paragraph [0086] describes 110 to measure 103/104 via amp 117 (which produces an output that is input to 118 as shown in figure 1).); and
determine a physiological parameter of the user (500) (Paragraph [0002] describes the detection of bio-signals are used for detecting, diagnosing, and monitoring of diseases. Paragraph [0086] describes the signals measured from the terminals 103/104 of electrodes 100/101 are bio-potential signals.) by applying (120) the gain adjustment (118) to the measured electrical signal (output of 110/117) (Figure 3 reference signal gain increased based on feedback described in paragraphs [0086], [0093], and [0097] to be a gain, applied to output of 110/117.).
Filfil discloses in figure 7 to “start wear sleeve” and paragraph [0107] describes after placing the electrodes onto the surface of the skin the apparatus starts to drive signals. However, Filfil does not specifically disclose determining that a user is wearing the wearable electronic device.
Luna discloses a method for electrode sensing at a wearable electronic device comprising: in response to determining that a user is wearing the wearable electronic device applying, using a physiological sensing circuit, a test signal to a sensing electrode (Paragraph [0231] describes driving a current magnitude as a bioimpedance/test signal used to capture a sensor signal that represents a physiological characteristic. Paragraph [0234] describes said signal is applied in response to a determination that the electrodes are on the body (worn) otherwise the signal is ceased or reduced to conserve power.).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Filfil with the known technique of in response to determining that a user is wearing the wearable electronic device applying, using a physiological sensing circuit, a test signal to a sensing electrode yielding the predictable results of conserving power as disclosed by Luna (paragraph [0234]).
Further, Filfil does not specifically disclose wherein the data buffer is isolated from measuring electrical inputs from other sensing electrodes.
Deliwala discloses wherein the data buffer (975/1075) is isolated from measuring electrical inputs (Csense) from other sensing electrodes (915/1015+920/1020) (Figure 9-10 and paragraphs [0113]-[0119] describes said figures respectively as charging and measurement phases of a sensing electrode. Specifically, paragraph [0115] describes the use of switches 905/1005 and 990/1090 to isolate the sensing capacitor during said phases.).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Filfil’s data buffer coupled ot the sensing electrode with the known technique of the data buffer is isolated from the measuring electrical inputs from other sensing electrodes yielding the predictable results of measuring potential changes void of what normally would be a small amount of current that would normally flow without isolation (implied noise) as disclosed by Deliwala (paragraph [0116]).
Regarding claim 19, Filfil discloses the system of claim 16, wherein the processor is configured to:
in response to determining that the input impedance (108/109) satisfies a criterion (Paragraph [0091]-[0093] describes utilizing input impedance 108/109 as a function of amplitude of the output from 110/115/116/117. The output determined from 1110/115/116/117 determines adjustment to impedance 108/109 and gain 118. Paragraph [0100] describes due to movement of the user the electrodes may be displaced requiring adjustment of the variable controlled resistance loads 108/109 to compensate for movement artifacts restoring the signal to that of/close to before electrode displacement. Further, Paragraph [0101] describes correcting for impedance changes caused by sweat accumulating on the skin’s surface causing the amplitude of the measured signal to decrease requiring gain to be increased. Paragraph [0106] describes wherein movement artifacts and/or sweat accumulation requires updated gain and impedance balance. This describes the criterion as electrode displacement and/or sweat.), determining the physiological parameter by applying (120) the gain adjustment (118) to the measured electrical signal (output of 110/117) (Figure 1 reference output 120 with gain 118 applied due to sweat accumulation (satisfying a sweat condition in either an electrode displaced or non-displaced condition).); and
in response to determining that the input impedance (108/109) does not satisfy the criterion (Is displaced in either a sweat or no sweat condition), determining the physiological parameter without applying (119) the gain adjustment (118) to the measured electrical signal (output of 110/117) (Figure 1 reference output 119 with no gain 118 applied as described in paragraphs [0090]-[0093] to not be applied in the criterion when no-sweat is detected (satisfying a no-sweat condition when the electrode is displaced or not).).
Regarding claim 20, Filfil discloses the system of claim 19, wherein: the criterion comprises a defined impedance threshold (Figure 8 and paragraph [0108] describes detecting a change regarding electrode displacement for values above a tolerance (threshold) compared with the initial calibrated value (another threshold).); and
determining that the input impedance satisfies the defined impedance threshold comprises determining that a value of the input impedance is greater than the defined impedance threshold (Figure 8 and paragraphs [0109]-[0110] reference flags set depending on if resistance load 108, output via 111, is greater than 109, output via 112, to regard left movement artifact detection.).
5. Claim(s) 7 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Filfil-Luna- Deliwala in view of Natarajan et al. (US Patent Application Publication 2017/0312576), herein after referred to as Natarajan.
Regarding claim 7, Filfil discloses the method of claim 6, wherein the sensing electrode (100) contacts a first limb of the user (500) and the second electrode (101) is configured to be contacted by the first limb of the user (500) when the wearable electronic device is worn by the user (Figure 7 and paragraph [0101] describes the device as a sleeve (single limb) for keeping the electrodes on the skin.).
Filfil does not specifically disclose wherein the second electrode is configured to be contacted by a second limb of the user when the wearable electronic device is worn by the user.
Natarajan wherein the second electrode is configured to be contacted by a second limb of the user when the wearable electronic device is worn by the user (Paragraph [0029] describes taking a sleeve sensor device to be scaled up to a shirt or leggings (both comprising two limbs).).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Filfil sleeve device with the known technique of wherein the second electrode is configured to be contacted by a second limb of the user when the wearable electronic device is worn by the user yielding the predictable results of additional sensor units for scaling up the sensing device as disclosed by Natarajan (paragraph [0029]).
Regarding claim 17, Filfil discloses the system of claim 16, further comprising a second sensing electrode (101) coupled to the housing (sleeve), wherein:
the sensing electrode (100) is configured to contact a first limb of the user (500) (Figure 7 and paragraph [0101] describes the device as a sleeve (single limb) for keeping the electrodes 100/101 on the skin.);
the second sensing electrode (101) is configured to be contacted by the first limb of the user (Figure 7 and paragraph [0101] describes the device as a sleeve (single limb) for keeping the electrodes 100/101 on the skin.); and
the processor (114) is configured to measure a second electrical signal (figure 12 differentiated output of 110/117) of the user (500) using the second sensing electrode (101) (Figure 12 and paragraph [0121] describes when the processor is powerful enough the output of amplifier 117 may be analyzed to differentiate between the signals of the first signal generator 106 and the second signal generator 107 describing said differentiation of outputs also each comprise an applied gain 118 as described in paragraph [0122].); and
determine the physiological parameter (Paragraph [0002] describes the detection of bio-signals are used for detecting, diagnosing, and monitoring of diseases. Paragraph [0086] describes the signals measured from the terminals 103/104 of electrodes 100/101 are bio-potential signals.) using the second electrical signal (figure 12 differentiated output of 110/117).
Filfil does not specifically disclose wherein the second electrode is configured to be contacted by a second limb of the user when the wearable electronic device is worn by the user.
Natarajan wherein the second electrode is configured to be contacted by a second limb of the user when the wearable electronic device is worn by the user (Paragraph [0029] describes taking a sleeve sensor device to be scaled up to a shirt or leggings (both comprising two limbs).).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Filfil sleeve device with the known technique of wherein the second electrode is configured to be contacted by a second limb of the user when the wearable electronic device is worn by the user yielding the predictable results of additional sensor units for scaling up the sensing device as disclosed by Natarajan (paragraph [0029]).
Regarding claim 18, Filfil discloses the system of claim 17, wherein the processor is configured to:
determine a second gain adjustment (figure 12 118) for the second sensing electrode (101) (Paragraph [0121] describes when the processor is powerful enough the output of amplifier 117 may be analyzed to differentiate between the signals of the first signal generator 106 and the second signal generator 107 describing said differentiation of outputs also each comprise an applied gain 118 as described in paragraph [0122].); and
determine the physiological parameter (Paragraph [0002] describes the detection of bio-signals are used for detecting, diagnosing, and monitoring of diseases. Paragraph [0086] describes the signals measured from the terminals 103/104 of electrodes 100/101 are bio-potential signals.) by applying (figure 12 120) the second gain adjustment (figure 12 118) to the measured second electrical signal (figure 12 differentiated output of 110/117) (paragraphs [0121]-[0122]).
Response to Arguments
6. Applicant’s arguments filed 1/8/2026 have been fully considered and relate towards newly amended subject matter. Newly cited art Deliwala is utilized in combination with previously cited art Filfil to reject the subject matter.
In regards to applicant’s remarks of rejoinder, applicant is reminded that the election was without traverse and the newly amended subject matter added to independent claim 10 does not resolve the original restriction search burden in which claim 10 regards a mutually exclusive embodiments comprising distinct hardware and method for performing processing of physiological signals. If, for example, claim 1 were currently considered allowable, claim 10 (and respective dependent claims) would have been canceled.
This action is final necessitated by amendment.
Conclusion
7. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/CHRISTOPHER E LEIBY/Primary Examiner, Art Unit 2621