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 .
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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bailey et al. (USPN 20150070270).
Regarding claims 1, 15, Bailey et al. discloses a wearable electronic device, comprising a compute core that includes a skin contact surface and defines a cavity, wherein the cavity is at least partially configured to house: a battery ([0053]); an electrode assembly located at the skin contact surface, wherein the electrode assembly is configured to sense neuromuscular signals ([0052]); an analog front end associated with the electrode assembly, wherein the analog front end is configured to partially process the sensed neuromuscular signals into partially processed neuromuscular signals ([0048], [0102]); a main logic board configured to: receive the partially processed neuromuscular signals, and determine gestures based on the partially processed neuromuscular signals ([0048], [0102]); and a metallic base plate configured to: provide an electrical ground for the electrode assembly, and electrically shield the electrode assembly from electrical and magnetic noise, wherein: at least some of the electrical and magnetic noise is from at least one of the main logic board and the battery, and the analog front end is placed on a first side of the metallic base plate and the main logic board is placed on a second side that is opposite to the first side of the metallic base plate ([0051]-[0054]).
Regarding claims 2 and 16, Bailey et al. discloses the compute core further comprises: a mid-plate configured to provide a physical shield at a top portion of the battery, wherein the mid-plate is configured to physically connect to the bottom case of the compute core via physical tabs extending substantially orthogonal to the metallic base plate ([0053]-[0054]); and a printed circuit board (PCB) placed on top of the mid-plate, the PCB configured to process partially processed neuromuscular signals sensed at other locations along a band portion, distinct from the compute core, of the wearable electronic device ([0053]-[0054]).
Regarding claims 3 and 17, Bailey et al. discloses a first end of the mid-plate defines a cutout portion, the cutout portion of the first end of the mid-plate is configured to receive one or more flexible printed circuits (FPCs) extending from other portions of the compute core, and at least one of the one or more FPCs extending from other portions of the compute core are configured to electronically couple with the PCB placed on top of the mid-plate ([0053]-[0054]).
Regarding claims 4, 18, Bailey et al. discloses the electrode assembly includes: two electrode portions, each of the two electrode portions having respective first sides configured to protrude into a sensor-skin interface of a wearer of the wearable electronic device (figure 1); an electrode spacer configured to be inserted between the two electrode portions to electrically separate the two electrode portions (figure 1); and an adhesive component configured to couple the two electrode portions and the electrode spacer to the skin contact surface of the compute core ([0053]).
Regarding claims 5 and 19, Bailey et al. discloses each of the two electrode portions has a maximum protrusion depth of at least 0.5 millimeters while the two electrode portions are coupled to the skin contact surface of the compute core ([0053], figure 1).
Regarding claim 6, Bailey et al. discloses each of the two electrode portions are respectively configured to be placed at opposing edges of the electrode assembly, and the electrode assembly includes a third electrode portion configured to be placed in between the two electrode portions, wherein the third electrode portion has a greater surface area than either of the two electrode portions ([0053], figure 1).
Regarding claim 7, Bailey et al. discloses respective nearest edges of the two electrode portions are separated by at least a first separation distance, and respective nearest edges of each of the two electrode portions and the third electrode portion are separated by at least a second separation distance ([0053], figure 1).
Regarding claim 8, Bailey et al. discloses the metallic base plate includes one or more protrusions extending in a first direction that is substantially orthogonal to a plane defined by the metallic base plate, the skin contact surface of the compute core is part of a bottom case of the compute core, wherein the bottom case is a rigid component that is configured to couple with the wearable electronic device to form the compute core, and one or more vertical pockets are defined at one or more seating locations of the bottom case of the compute core, wherein: the one or more vertical pockets are configured to receive each of the one or more protrusions of the metallic base plate, and the one or more vertical pockets have respective preconfigured depths such that they are configured to seat the metallic base plate at a particular height within the compute core to electrically ground the electrode ([0053], figure 1).
Regarding claim 9, Bailey et al. discloses the compute core further comprises an antenna configured to communicate with one or more computing devices separate from the compute core ([0050]).
Regarding claim 10, Bailey et al. discloses a band portion including one or more electrodes for processing biopotential signals of a user, wherein each respective electrode of the one or more electrodes is distributed at a distinct location along a major dimension of the band portion; and a flexible printed circuit (FPC) distributed along the band portion, configured to provide information about biopotential signals detected by the one or more electrodes to the compute core ([0053]).
Regarding claims 11 and 20, Bailey et al. discloses the compute core further comprises a linear resonant actuator (LRA) configured to provide haptic feedback to a wearer of the wearable electronic device, and the metallic base plate is configured to electrically shield the electrode from electrical and/or magnetic noise and/or physical disruption caused by actuation of the LRA ([0051]-[0053]).
Regarding claim 12, Bailey et al. discloses a shaped circuit board configured to receive electrical connections from one or more exposed electrodes, wherein the shaped circuit board includes a flexible component configured to protrude vertically on a first side of the compute core ([0053], figure 1).
Regarding claim 13, Bailey et al. discloses the electrode assembly is a first electrode assembly, the cavity is configured to house a second electrode assembly, and each of the first and second electrode assemblies are positioned on corresponding sides of the skin contact surface of the compute core ([0053], figure 1).
Regarding claim 14, Bailey et al. discloses the first electrode assembly has a separation distance of 5 to 20 millimeters from the second electrode assembly, wherein the separation distance is measured from respective edges that oppose each other ([0053], figure 1).
Double Patenting
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.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,411,549. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are broader than those of the Patent. As, such, any invention meeting the limitations of the claims of the Patent would necessarily meet those of the instant application as well.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARJAN FARDANESH whose telephone number is (571)270-5508. The examiner can normally be reached Monday-Friday 9:00-17:00.
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/MARJAN FARDANESH/ Primary Examiner, Art Unit 3791
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