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 Status: Claims 1-12 are pending.
Terminal Disclaimer
The terminal disclaimer filed on July 1, 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 11490851 and U.S. Patent No. 12070320 has been reviewed and is accepted. The terminal disclaimer has been recorded.
The double patenting rejections have been withdrawn.
Response to Amendment
With respect to 112(b) rejection, Applicant’s amendments have overcome each and every rejection.
Response to Arguments
Applicant's arguments filed on July 1, 2026 have been fully considered but they are not persuasive.
Re Claims 1, 5, and 9, Applicant made an argument that Okandan does not disclose “a digital signal processor adapted to process the digital data representing the monitored physical or physiological parameters using Fundamental Code Unit processing and/or Intention Awareness processing to determine presence of a neurological disorder or condition; wherein the Fundamental Code Unit processing utilizes the digital data which is received from a cerebral cortex via a photonic signaling system; and wherein the Intention Awareness processing includes a multimodal system which includes psychological analysis and/or linguistic prediction.”
Applicant made an argument that claimed Fundamental Code Unit processing and Intention Awareness processing are not equivalent to any type of data processing that is capable of determining presence of a neurological disorder or conditions as interpreted by the Examiner. Applicant described that Fundamental Code Unit processing operates on a smaller scale than typical neuron spike processing and combines the data processing with a multimodal understanding of cognition to quantify a fundamental unit of human thought. Applicant described that the model goes beyond the current understanding of neural spiking activity used in brain data processing to understand how different wavelengths of light emitted from each neuron code fundamental units of human thought and operate with such little energy. Applicant described that Intention Awareness processing combines data processing with a unique understanding of the human consciousness. The method involves mathematical computations, psychological understanding, and linguistic patterning. Applicant further explained that Fundamental Code unit processing and Intention Awareness processing refer to the specific methods in which the converted electrical signals or “spikes” are analyzed after the raw signal data has been obtained. Applicant explained that Fundamental Code Unit processing provides an architecture for more accurately determining incongruities in neural activity in terms of mathematical and physiological parameters which may coincide with neurological disorders. Intention Awareness processing utilizes brain signal data in combination with a unique understanding of human consciousness to predict human intentions and thought.
These arguments have been considered but are not persuasive.
In response to applicant's argument that the references fail to show above features of the invention, it is noted that the features upon which applicant relies as explained above are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The broadest reasonable interpretation of the limitation, “a digital signal processor adapted to process the digital data representing the monitored physical or physiological parameters using Fundamental Code Unit processing and/or Intention Awareness processing to determine presence of a neurological disorder or condition; wherein the Fundamental Code Unit processing utilizes the digital data which is received from a cerebral cortex via a photonic signaling system; and wherein the Intention Awareness processing includes a multimodal system which includes psychological analysis and/or linguistic prediction,” requires a processor that processes digital data representing the monitored physical or physiological parameters to determine presence of a neurological disorder or condition using one or both of Fundamental Code Unit and Intention Awareness processing. The claim limitation only requires that Fundamental Code Unit processing utilizes the digital data received from a cerebral cortex via a photonic signaling system.
Okandan discloses a digital signal processor adapted to: receive the plurality of signals from the plurality of sensors and to process the signals to form digital data representing the monitored physical or physiological parameters (col. 18, sense or detect the presence of ionic concentrations, to record neural activity again without having to modify the cells; col. 25, lines 35-53, in vivo monitoring and control, light wavelength range chosen either for stimulation or activity reporting (action potentials, other chemical, physiological states); col. 24, circuitry can include any other electronic or optoelectronic components beneficial for signal processing and storage. Such components include analog-to-digital converters and digital-to-analog converters.), and process the digital data representing the monitored physical or physiological parameters using Fundamental Code Unit processing and/or Intention awareness processing to determine presence of a neurological disorder or condition (col. 4, signal processing circuitry, col. 10, signal processing circuitry, col. 24, fig. 6, claim 2, col. 26, lines 48 -col. 27, line 27, Another exemplary use includes studies requiring optogenetics, which includes genetic modifications to provide optically addressable cells. Such genetic modifications can include genetically modified cells, enzymes, lipids, and/or proteins. By applying the optoelectronic structures, devices, and systems of the invention, studies can be conducted in test subjects (e.g., animal test subjects) to understand various biological and biochemical mechanisms underlying nerve damage, regeneration, and control.; col. 2, lines 5-8, col. 3, lines 26-42, a minimally invasive method can be employed to detect, treat, and/or assess the biological target.).
The claim limitation requires only one of Fundamental Code Unit processing and Intention Awareness processing. Okandan discloses that the Fundamental Code Unit processing utilizes the digital data which is received from a cerebral cortex via photonic signaling system (fig. 1A, col. 4, lines 36 – 45, col. 5, lines 40-63, Fig. 1A, An external optical transceiver unit 150 transmits and receives light 15, 25, for transcutaneous coupling to the optical collector 110. Arrayed along the optical connector 120 is a system of coupling nodes 130, each of which is capable of transmitting an optical or electrical signal 30, 31 into the surrounding biological tissue (e.g., neural tissue 40) and receiving an optical or electrical signal therefrom 35, 36.).
Therefore, based on the broadest reasonable interpretation, the cited disclosure of Okandan reads on the claim limitation, because the claim limitation does not require any more specific structures or processing.
Examiner would like to bring Howard (US 2013/0338526) to Applicant’s attention for possible future amendments. Howard appears to teach the specifics of the features that Applicant explained in the arguments which are not recited in the claims.
Howard (US 2013/0338526) discloses data processing using the Fundamental Code unit to obtain physical or physiological parameters (abstract, para. [0011], para. [0013], [0028], [0029], The FCU/MCP device then uses pre-determined or dynamically determined signatures to select treatment frequencies and sends signals to the targeted tissue via a variety of methods (write modalities) using effector devices such as enzymic controllers, optogenetic interfaces, or other signal carrier techniques to stimulate the cells for neural plasticity changes, specific protein switching/folding or electrochemical signaling sequences. The device therefore can be used for brain disorder diagnostics, and development of targeted treatment methods which activate the cells' internal resources, para. [0117], [0137], The approach is based on using the Fundamental Code Unit (FCU) to perform pattern recognition tasks on the linguistic and behavioral data emerging from observations of a patient.) for the purpose of decoding the patient, tissue and disorder-specific signal patterns (para. [0028]) and analyzing the response signals and providing series of signals to the brain in order to select treatment frequencies and send signals to the targeted tissue (para. [0013]).
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 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.
Claims 1, 4, 5, 8, 9, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okandan et al. (US 9,907,496), hereinafter “Okandan”.
Re Claim 1, Okandan discloses a system for monitoring brain activity comprising:
a plurality of sensors (fig. 5B, receivers 580), each adapted to monitor a physical or physiological parameter and output a signal representing the monitored physical or physiological parameter, wherein the plurality of sensors includes at least one sensor comprising an optogenetic neurostimulator (fig. 5B, emitter 560; col. 26, line 48 – col. 27, line 11, optogenetics) configured to transmit light to a location in the brain and an electrical sensor (fig. 5B, receiver 580) configured to record electrical activity at the location in the brain (col. 4, col. 5, “Arrayed along the optical connector 102 is a system of coupling nodes 130, each of which is capable of transmitting an optical or electrical signal 30, 31 into the surrounding biological tissue (e.g., neural tissue 40) and receiving an optical and electrical signal therefrom 35, 36.”, col. 8, two active structure 236, fig. 2B, col. 10, biological probe structure (active structure), “The active structure generally includes one or more detectors (e.g., photodetectors and/or electronic detectors), one or more emitters (e.g., photoemitters, electrodes and/or electronic emitters), and circuitry (e.g., a signal processing circuitry). col. 13, Emitters, Detectors, Receivers, and Other Components, “The active structure can include any number of components to transmit, receive, relay, power, and store one or more signals (e.g., optical, electrical, and/or electromagnetic signals)”, fig. 5B, emitter 560, receiver 580);
a digital signal processor adapted to: receive the plurality of signals from the plurality of sensors and to process the signals to form digital data representing the monitored physical or physiological parameters (col. 18, sense or detect the presence of ionic concentrations, to record neural activity again without having to modify the cells; col. 25, lines 35-53, in vivo monitoring and control, light wavelength range chosen either for stimulation or activity reporting (action potentials, other chemical, physiological states); col. 24, circuitry can include any other electronic or optoelectronic components beneficial for signal processing and storage. Such components include analog-to-digital converters and digital-to-analog converters.), and process the digital data representing the monitored physical or physiological parameters using Fundamental Code Unit processing and/or Intention awareness processing to determine presence of a neurological disorder or condition (col. 4, signal processing circuitry, col. 10, signal processing circuitry, col. 24, fig. 6, claim 2, col. 26, lines 48 -col. 27, line 27, Another exemplary use includes studies requiring optogenetics, which includes genetic modifications to provide optically addressable cells. Such genetic modifications can include genetically modified cells, enzymes, lipids, and/or proteins. By applying the optoelectronic structures, devices, and systems of the invention, studies can be conducted in test subjects (e.g., animal test subjects) to understand various biological and biochemical mechanisms underlying nerve damage, regeneration, and control.; col. 2, lines 5-8, col. 3, lines 26-42, a minimally invasive method can be employed to detect, treat, and/or assess the biological target.).
wherein the Fundamental Code Unit processing utilizes the digital data which is received from a cerebral cortex via photonic signaling system (fig. 1A, col. 4, lines 36 – 45, col. 5, lines 40-63, Fig. 1A, An external optical transceiver unit 150 transmits and receives light 15, 25, for transcutaneous coupling to the optical collector 110. Arrayed along the optical connector 120 is a system of coupling nodes 130, each of which is capable of transmitting an optical or electrical signal 30, 31 into the surrounding biological tissue (e.g., neural tissue 40) and receiving an optical or electrical signal therefrom 35, 36.); and
wherein the Intention Awareness processing includes a multimodal system which includes psychological analysis and/or linguistic prediction.
Re Claim 5, Okandan discloses a computer-implemented method for monitoring brain activity comprising:
receiving from each of a plurality of sensors (fig. 5B, receivers 580), a signal representing a monitored physical or physiological parameter, wherein the plurality of sensors includes at least one sensor comprising an optogenetic neurostimulator (fig. 5B, emitter 560; col. 26, line 48 – col. 27, line 11, optogenetics) configured to transmit light to a location in the brain and an electrical sensor (fig. 5B, receiver 580) configured to record electrical activity at the location in the brain (col. 4, col. 5, “Arrayed along the optical connector 102 is a system of coupling nodes 130, each of which is capable of transmitting an optical or electrical signal 30, 31 into the surrounding biological tissue (e.g., neural tissue 40) and receiving an optical and electrical signal therefrom 35, 36.”, col. 8, two active structure 236, fig. 2B, col. 10, biological probe structure (active structure), “The active structure generally includes one or more detectors (e.g., photodetectors and/or electronic detectors), one or more emitters (e.g., photoemitters, electrodes and/or electronic emitters), and circuitry (e.g., a signal processing circuitry). col. 13, Emitters, Detectors, Receivers, and Other Components, “The active structure can include any number of components to transmit, receive, relay, power, and store one or more signals (e.g., optical, electrical, and/or electromagnetic signals)”, fig. 5B, emitter 560, receiver 580);
using a digital signal processor to:
process the received signals including signals from a microfabricated carbon nanotube neural interface to form digital data representing the monitored physical or physiological parameters (col. 18, sense or detect the presence of ionic concentrations, to record neural activity again without having to modify the cells; col. 25, lines 35-53, in vivo monitoring and control, light wavelength range chosen either for stimulation or activity reporting (action potentials, other chemical, physiological states); col. 24, circuitry can include any other electronic or optoelectronic components beneficial for signal processing and storage. Such components include analog-to-digital converters and digital-to-analog converters; col. 14, electrodes in the form of carbon nanotube; col. 15, electrochemical sensor include one or more carbon nanotubes, electrodes, field-effect transistors, etc.), and
processing the digital data representing the monitored physical or physiological parameters using Fundamental Code Unit processing and/or Intention awareness processing to determine presence of a neurological disorder or condition (col. 4, signal processing circuitry, col. 10, signal processing circuitry, col. 24, fig. 6, claim 2, col. 26, lines 48 -col. 27, line 27, Another exemplary use includes studies requiring optogenetics, which includes genetic modifications to provide optically addressable cells. Such genetic modifications can include genetically modified cells, enzymes, lipids, and/or proteins. By applying the optoelectronic structures, devices, and systems of the invention, studies can be conducted in test subjects (e.g., animal test subjects) to understand various biological and biochemical mechanisms underlying nerve damage, regeneration, and control; col. 2, lines 5-8, col. 3, lines 26-42, a minimally invasive method can be employed to detect, treat, and/or assess the biological target.),
wherein the Fundamental Code Unit processing utilizes the digital data which is received from a cerebral cortex via a photonic signaling system (fig. 1A, col. 4, lines 36 – 45, col. 5, lines 40-63, Fig. 1A, An external optical transceiver unit 150 transmits and receives light 15, 25, for transcutaneous coupling to the optical collector 110. Arrayed along the optical connector 120 is a system of coupling nodes 130, each of which is capable of transmitting an optical or electrical signal 30, 31 into the surrounding biological tissue (e.g., neural tissue 40) and receiving an optical or electrical signal therefrom 35, 36.); and
wherein the Intention Awareness processing includes a multimodal system which includes psychological analysis and/or linguistic prediction.
Re Claim 9, Claim 9 is rejected under substantially the same basis as claim 5.
Re Claim 4, Okandan discloses the at least one sensor comprising the optogenetic neurostimulator is configured to record brain activity of pyramidal layers 4, 5, and 6 (fig. 5B, emitter 560, receiver 580; col. 26, line 48 – col. 27, line 11, optogenetics; col. 4, col. 5, “Arrayed along the optical connector 102 is a system of coupling nodes 130, each of which is capable of transmitting an optical or electrical signal 30, 31 into the surrounding biological tissue (e.g., neural tissue 40) and receiving an optical and electrical signal therefrom 35, 36.”, col. 8, two active structure 236, fig. 2B, col. 10, biological probe structure (active structure). The active structure generally includes one or more detectors (e.g., photodetectors and/or electronic detectors), one or more emitters (e.g., photoemitters, electrodes and/or electronic emitters), and circuitry (e.g., a signal processing circuitry)).
Claim language “configured to record brain activity of pyramidal layers 4, 5, and 6” is an intended use. Disclosed optogenetic neurostimulator is capable of performing the function of recording brain activity of pyramidal layers 4, 5, and 6.
Re Claim 8, Okandan discloses the at least one sensor comprising the optogenetic neurostimulator is configured to record brain activity of pyramidal layers 4, 5, and 6 (fig. 5B, emitter 560, receiver 580; col. 26, line 48 – col. 27, line 11, optogenetics; col. 4, col. 5, “Arrayed along the optical connector 102 is a system of coupling nodes 130, each of which is capable of transmitting an optical or electrical signal 30, 31 into the surrounding biological tissue (e.g., neural tissue 40) and receiving an optical and electrical signal therefrom 35, 36.”, col. 8, two active structure 236, fig. 2B, col. 10, biological probe structure (active structure). The active structure generally includes one or more detectors (e.g., photodetectors and/or electronic detectors), one or more emitters (e.g., photoemitters, electrodes and/or electronic emitters), and circuitry (e.g., a signal processing circuitry)).
Claim language “configured to record brain activity of pyramidal layers 4, 5, and 6” is an intended use. Disclosed optogenetic neurostimulator is capable of performing the function of recording brain activity of pyramidal layers 4, 5, and 6.
Re Claim 12, Claim 12 is rejected under substantially the same basis as claim 8.
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.
Claims 2, 6, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Okandan et al. (US 9,907,496), hereinafter “Okandan”, in view of Varadan et al. (US 2006/0212097), hereinafter “Varadan”.
Re Claim 2, Okandan discloses the claimed invention substantially as set forth in claim 1.
Okandan further discloses treatment of diseases and conditions such as spasticity, tremor, Parkinson’s disease, multiple sclerosis, epilepsy, and movement disorders.
Okandan is silent regarding the sensors comprising at least a plurality of sensors selected from a group comprising: audio sensors, video sensors, EEG sensors, ECG sensors, heart rate sensors, breathing rate sensors, blood pressure sensors, body temperature sensors, head movement sensors, body posture sensors, and blood oxygenation level sensors.
However, Varadan discloses method and device for treatment of medical conditions and monitoring physical movements and discloses MEMS gyroscopes and MEMS accelerometers monitoring and sensing patients conditions such as patient movements and tremors (abstract). Varadan discloses detecting human motions, ranges of motions, tremors, brain electrical activity, and similar medical or physiological condition. Varadan’s method and device can be used for a wide range of medical conditions, including Parkinson’s disease, epilepsy, head injury, stroke, and various physical therapy modalities (para. [0028], [0036]-[0038], a MEMS gyroscope device is used to detect a patient’s movements in extremities or other physical movements).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Okandan, by adding the sensors comprising at least a plurality of sensors selected from a group comprising: head movement sensors and body posture sensors, as taught by Varadan, for the purpose of additional parameter such as patient’s movements and tremors to monitor various movement disorders or conditions for treatment (abstract, para. [0028], [0036]-[0038]).
Re Claim 6, Okandan discloses the claimed invention substantially as set forth in claim 5.
Okandan further discloses treatment of diseases and conditions such as spasticity, tremor, Parkinson’s disease, multiple sclerosis, epilepsy, and movement disorders.
Okandan is silent regarding the sensors comprising at least a plurality of sensors selected from a group comprising: audio sensors, video sensors, EEG sensors, ECG sensors, heart rate sensors, breathing rate sensors, blood pressure sensors, body temperature sensors, head movement sensors, body posture sensors, and blood oxygenation level sensors.
However, Varadan discloses method and device for treatment of medical conditions and monitoring physical movements and discloses MEMS gyroscopes and MEMS accelerometers monitoring and sensing patients conditions such as patient movements and tremors (abstract). Varadan discloses detecting human motions, ranges of motions, tremors, brain electrical activity, and similar medical or physiological condition. Varadan’s method and device can be used for a wide range of medical conditions, including Parkinson’s disease, epilepsy, head injury, stroke, and various physical therapy modalities (para. [0028], [0036]-[0038], a MEMS gyroscope device is used to detect a patient’s movements in extremities or other physical movements).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify Okandan, by adding the sensors comprising at least a plurality of sensors selected from a group comprising: head movement sensors and body posture sensors, as taught by Varadan, for the purpose of additional parameter such as patient’s movements and tremors to monitor various movement disorders or conditions for treatment (abstract, para. [0028], [0036]-[0038]).
Re Claim 10, Claim 10 is rejected under substantially the same basis as claim 6.
Claims 3, 7, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Okandan et al. (US 9,907,496), hereinafter “Okandan”, in view of LeBoeuf et al. (US 2008/0146890), hereinafter “LeBoeuf”.
Re Claim 3, Okandan discloses the claimed invention substantially as set forth in claim 1.
Okandan is silent regarding at least some of the sensors are adapted in an earbud device and the earbud device comprises at least one component selected from a group comprising: digital storage, a controller, a pulse oximetry sensor, an TAP sensor, a digital signal processor, a kinetic power source, EEG sensors ECG sensors, a balanced armature transducer, a microphone, a gyroscope, an accelerometer, a magnetometer, a wireless transceiver, and an optical touch sensor.
LeBoeuf discloses telemetric apparatus for health monitoring and discloses a plurality of compact sensors integrated within small, low-profile devices, such as earpiece modules (abstract). LeBoeuf teaches that at least some of the sensors are adapted in an earbud device and the earbud device comprises at least one component selected from a group comprising: digital storage, a controller, a pulse oximetry sensor, an IAP sensor, a digital signal processor, a kinetic power source, EEG sensors, ECG sensors, a balanced armature transducer, a microphone, a gyroscope, an accelerometer, a magnetometer, a wireless transceiver, and an optical touch sensor (para. [0145], fig. 9, 904 can be modified to conform with EEG electrodes or other electrodes for measuring brain waves or neurological activity. For monitoring neurological functioning, a temple earpiece 1600, fig 16 may also be used. Electrodes may be positioned in a temple earpiece region near the temples of a user for direct contact with the skin. In some embodiments, direct contact is not necessary, and the neurological functioning can be monitored capacitively, inductively, electromagnetically, or a combination of these approaches. In some embodiments, brain waves may couple with low frequency acoustic sensors integrated into an earpiece module; para. [0146], 905, fig. 9, motion sensor, gyroscopes and accelerometers, para. [0147], body temperature sensor, para. [0149], acoustic sensor, signals detected and analyzed with a signal processor 405, fig. 4, digitized signals; para. [0150], breathing characteristics via an acoustic sensor, methodology 500, fig. 5, or fig. 6, optical sensor, fig. 10, para. [0008]).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing to modify Okandan, by adding at least some of the sensors are adapted in an earbud device and the earbud device comprises at least one component selected from a group comprising: digital storage, a controller, a pulse oximetry sensor, an TAP sensor, a digital signal processor, a kinetic power source, EEG sensors ECG sensors, a balanced armature transducer, a microphone, a gyroscope, an accelerometer, a magnetometer, a wireless transceiver, and an optical touch sensor, as taught by LeBoeuf, for the purpose of monitoring the physiological function of the body such as sensors for monitoring: heart rate, pulse rate, breathing rate, blood flow, physical activity, physical and psychological stress levels, position and balance, body strain, neurological functioning, brain activity, brain waves, blood pressure, and etc. in order to assist the treatment of various diseases and conditions (para. [0066]).
Re Claim 7, Okandan discloses the claimed invention substantially as set forth in claim 5.
Okandan is silent regarding at least some of the sensors are adapted in an earbud device and the earbud device comprises at least one component selected from a group comprising: digital storage, a controller, a pulse oximetry sensor, an TAP sensor, a digital signal processor, a kinetic power source, EEG sensors ECG sensors, a balanced armature transducer, a microphone, a gyroscope, an accelerometer, a magnetometer, a wireless transceiver, and an optical touch sensor.
LeBoeuf discloses telemetric apparatus for health monitoring and discloses a plurality of compact sensors integrated within small, low-profile devices, such as earpiece modules (abstract). LeBoeuf teaches that at least some of the sensors are adapted in an earbud device and the earbud device comprises at least one component selected from a group comprising: digital storage, a controller, a pulse oximetry sensor, an IAP sensor, a digital signal processor, a kinetic power source, EEG sensors, ECG sensors, a balanced armature transducer, a microphone, a gyroscope, an accelerometer, a magnetometer, a wireless transceiver, and an optical touch sensor (para. [0145], fig. 9, 904 can be modified to conform with EEG electrodes or other electrodes for measuring brain waves or neurological activity. For monitoring neurological functioning, a temple earpiece 1600, fig 16 may also be used. Electrodes may be positioned in a temple earpiece region near the temples of a user for direct contact with the skin. In some embodiments, direct contact is not necessary, and the neurological functioning can be monitored capacitively, inductively, electromagnetically, or a combination of these approaches. In some embodiments, brain waves may couple with low frequency acoustic sensors integrated into an earpiece module; para. [0146], 905, fig. 9, motion sensor, gyroscopes and accelerometers, para. [0147], body temperature sensor, para. [0149], acoustic sensor, signals detected and analyzed with a signal processor 405, fig. 4, digitized signals; para. [0150], breathing characteristics via an acoustic sensor, methodology 500, fig. 5, or fig. 6, optical sensor, fig. 10, para. [0008]).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing to modify Okandan, by adding at least some of the sensors are adapted in an earbud device and the earbud device comprises at least one component selected from a group comprising: digital storage, a controller, a pulse oximetry sensor, an TAP sensor, a digital signal processor, a kinetic power source, EEG sensors ECG sensors, a balanced armature transducer, a microphone, a gyroscope, an accelerometer, a magnetometer, a wireless transceiver, and an optical touch sensor, as taught by LeBoeuf, for the purpose of monitoring the physiological function of the body such as sensors for monitoring: heart rate, pulse rate, breathing rate, blood flow, physical activity, physical and psychological stress levels, position and balance, body strain, neurological functioning, brain activity, brain waves, blood pressure, and etc. in order to assist the treatment of various diseases and conditions (para. [0066]).
Re Claim 11, Claim 11 is rejected under substantially the same basis as claim 7.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Howard (US 2013/0338526) discloses data processing using the Fundamental Code unit to obtain physical or physiological parameters (abstract, para. [0011], para. [0013], [0028], [0029], The FCU/MCP device then uses pre-determined or dynamically determined signatures to select treatment frequencies and sends signals to the targeted tissue via a variety of methods (write modalities) using effector devices such as enzymic controllers, optogenetic interfaces, or other signal carrier techniques to stimulate the cells for neural plasticity changes, specific protein switching/folding or electrochemical signaling sequences. The device therefore can be used for brain disorder diagnostics, and development of targeted treatment methods which activate the cells' internal resources, para. [0117], [0137], The approach is based on using the Fundamental Code Unit (FCU) to perform pattern recognition tasks on the linguistic and behavioral data emerging from observations of a patient.) for the purpose of decoding the patient, tissue and disorder-specific signal patterns (para. [0028]) and analyzing the response signals and providing series of signals to the brain in order to select treatment frequencies and send signals to the targeted tissue (para. [0013]).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VYNN V HUH whose telephone number is (571)272-4684. The examiner can normally be reached Monday to Friday from 9 am to 5 pm.
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/JONATHAN T KUO/Primary Examiner, Art Unit 3792
/V.V.H./
Vynn Huh, August 22, 2026Examiner, Art Unit 3792
Prosecution Insights