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 .
Specification
The use of the term Bluetooth, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Objections
Claims 1-3 are objected to because of the following informalities:
In claim 1, line 3, “apportion” should read “a portion”
In claim 1, line 3, “theuser” should read “the user”
In claim 2, line 2, “furthercomprises:” should read “further comprises:”
In claim 2, line 5, “mobiledevice” should read “mobile device”
In claim 3, line 3, “user- selected” should read “user-selected”
Appropriate correction is required.
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.
Claims 1-3 are 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.
Claim 1 recites the limitation "the user" in line 1. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the user” will be read as “a user.”
Claim 3 recites the limitation “at least one of the mobile device” in lines 1-2. Claim 2 recites “a mobile device” in line 4 and subsequently refers to “the mobile device” in lines 4-5. It remains unclear whether there are multiple mobile devices as implied by “at least one of the mobile device” or if there is only one mobile device. For examination purposes, “at least one of the mobile device” will be read as “the mobile device”.
Regarding claim 3, the limitation “at least one of a user-selected vibration speed, a user-selected vibration intensity, a user-elected vibration, and other user-selected vibration settings” renders the claim indefinite. It is unclear whether the claim requires only one of the options listed, as suggested by “at least one” or all of the options, as suggested by the user of “and”. For examination purposes, the claim is treated as requiring only one of the options listed. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-3 as best understood in light of the rejection under 35 U.S.C. 112(b) above, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nazarian et al. (US 2024/0033466).
Regarding claim 1, Nazarian et al. teaches a vibrating headband to be worn by a user on a head of the user (Abstract; para. 0061; Fig. 1, facial wearable device 10 including an eye cover 12 and a headband 14; Fig. 2), the vibrating headband comprising:
a main body (Fig. 2, eye cover 12) having a shape to wrap around a portion of the head of the user (Fig. 2; paras. 0062-0064);
an inner lining (Fig. 1, proximal cover 12) disposed on an inner surface of the main body (Figs. 1 4, 6, and 9, proximal cover 12 and eye cover 12), such that the inner lining contacts the portion of the head of the user (paras. 0063-0064);
a vibrating motor (Fig. 18, vibration members 140, 142, 144, 146, 148, 150, 152, and 154) to cause the vibrating headband to vibrate (paras. 0009, 0060-0061, and 0088-0091); and
a power button (Fig. 11, first button assembly 50 and second button assembly 60) to cause the vibrating motor to activate in response to the power button being pressed by the user (paras. 0076-0077).
Regarding claim 2, Nazarian et al. teaches the vibrating headband according to claim 1 as stated above wherein the main body further comprises:
a central processing unit (CPU) disposed within the main body (Fig. 3, processor 190 and eye cover 12) to communicate with a mobile device (paras. 0067-0069, wherein the processor may receive user input commands from the button assemblies 50 and 60, or via a communication unit 42; para. 0074, “Communication unit 42 may be configured to communicate directly or indirectly with an external device such as a user's mobile device”), such that the user controls the vibrating motor via the mobile device (para. 0074, “Communication unit 42 may receive command inputs from a user such as mode select or external stimuli device intensity change”; para. 0060, “The external stimuli may include, for example, a plurality of inflatable airbag bladders, vibration motors, and/or heating pads that may target acupoints of a user's face”; Fig. 21; para. 0096).
Regarding claim 3, Nazarian et al. teaches the vibrating headband according to claim 2 as stated above wherein at least one of the mobile device (see Fig. 21 for mobile phone) and the power button (Fig. 11, first button assembly 50 and second button assembly 60) control the vibrating motor (paras. 0068, 0074, and 0076-0077) to change at least one of a user- selected vibration speed, a user-selected vibration intensity (paras. 0019, 0068, 0074, and 0076-0077), a user-selected vibration pattern, and other user-selected vibration settings.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhao (WO 2018/032294) discloses a foldable wearable smart headband device wherein the headband includes a vibration motor, a control chip, a wireless transceiver, a plurality of sensors, and a USB interface for charging an integrated battery. Riles (US 8,142,373) discloses a massaging apparatus configured as a headband that includes a controller assembly attached to the user’s arm. Xiong (CN 107693321) discloses a head massager comprising a headband, a messaging head, a vibration motor, and controller connected to a push button switch for controlling the vibration motor. Davidian (US 2017/0165101) discloses a device to alleviate sleep apnea through vibrations, wherein the device is configured to be worn as a headband around the head. Kim et al. (KR 102147428) discloses a face massager equipped with a binding band so that it can be worn on any body part. A driving unit is provided for operating the message contact member installed in the left and right message units.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BROGAN R LANDEEN whose telephone number is (571)272-1390. The examiner can normally be reached Monday - Friday 8:30am - 6:00pm.
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/B.R.L./Examiner, Art Unit 3791
/JENNIFER ROBERTSON/Supervisory Patent Examiner, Art Unit 3791
