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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 or 119(e) as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed applications, Application No. 17/472,603 (and 16/708.617 (issued as Patent 11, 185, 692), provisional patent application 62/735, 085), fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Claims 1-20 recites “signal generator for auricular conchae” along with an earpiece housing, a flange, a skin-contracting electrode with coupling column having polygonal cross section adapted to be disposed through a polygonal bore of said earpiece housing. Application No. 17/472,603 (and 16/708.617 (issued as Patent 11, 185, 692), provisional patent application 62/735, 085), fails to provide adequate support for these limitations. Accordingly, claim 1-20 are not entitled to the benefit of the prior application.
Claim Objections
Claims 1-2, 4-5, 7-11, 13-14, 16-20 are objected to because of the following informalities: Claims 1-2, 4-5, 7-11, 13-14, 16-20 are objected because of inconsistent reference to the “skin-contacting electrode” (many places in claims, it is referenced as “skin contacting electrode”). Applicant is requested to amend claims to use consistent terminology. 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 12, 16-20 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. The term “substantially square” in claims 12 is a relative term which renders the claim indefinite. The term “substantially square” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The claim appears to be a term of degree; however it is not readily apparent a standard measure for “substantially”.
The term “substantially polygonal…” in claims 16 is a relative term which renders the claim indefinite. The term “substantially polygonal…” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The claim appears to be a term of degree; however it is not readily apparent a standard measure for “substantially”. Claims 17-20 depend on claim 16 and therefore they have been rejected for the same reason.
Claim Rejections - 35 USC § 103
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 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 of this title, 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 20190275322 to Cartledge et al. (“Cartledge”) in view of U.S. Patent No. 7162039 to Callahan et al. (“Callahan”).
As to claim 1, Cartledge discloses a signal generator for auricular conchae [Abstract] comprising: an earpiece housing [Fig. 113:10020/10030]; a flange portion [Fig. 13: 11350]; and a skin-contacting electrode element for contacting a concha of a user [Fig. 13: 11350/10060], said skin contacting electrode element including a coupling column [Fig. 115:11356], said coupling column having a longitudinal axis and a circumferential surface region [Fig. 115:11357] and said coupling column being adapted to be disposed through a bore of said earpiece housing so as to prevent rotation of said coupling column with respect to said earpiece housing [Fig. 114: 11356” threads into 10033 to prevent rotation of coupling column with respect to earpiece housing].
Cartledge does not expressly disclose said circumferential surface region exhibiting a polygonal cross- section transverse to said longitudinal axis, said coupling column being adapted to be disposed through a polygonal bore of said earpiece housing so as to prevent rotation of said coupling column with respect to said earpiece housing.
In the same or similar field of invention, Callahan discloses said circumferential surface region exhibiting a polygonal cross- section transverse to said longitudinal axis, said coupling column being adapted to be disposed through a polygonal bore of said earpiece housing so as to prevent rotation of said coupling column with respect to said earpiece housing [Callahan column Figs. 9A-B, 11A-D, column 16 lines 50 to column 17 line 30, since the bore and the piece that sits in the bore are rectangular shape, it’s implies that the rotation with respect to the earpiece housing is prevented].
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Cartledge to have said circumferential surface region exhibiting a polygonal cross- section transverse to said longitudinal axis, said coupling column being adapted to be disposed through a polygonal bore of said earpiece housing so as to prevent rotation of said coupling column with respect to said earpiece housing as taught by Callahan. The suggestion/motivation would have been to provide an improved noise barrier apparatus which is comfortable, develops high levels of mechanical damping to inhibit generation of sound waves internally of the earpiece structure due to presence of sound waves or other pressure waves externally of the earpiece structure, and creates a good acoustic seal to prevent leakage of noise past the earpiece structure [Callahan column 3 lines 3-10].
As to claim 2, Cartledge discloses wherein said coupling column includes a longitudinal bore disposed coaxially with said longitudinal axis, said longitudinal bore being adapted to receive a fastener therewithin, said fastener being adapted to couple said skin contacting electrode to said earpiece housing [Fig. 113: 11030, 11350].
As to claim 3, Cartledge discloses wherein said fastener includes a threaded screw fastener [Callahan Fig. 4:72]. In addition, the same motivation is used as the rejection of claim 1.
As to claim 4, Cartledge discloses wherein said skin contacting electrode element includes a skin contacting surface region, wherein said coupling column includes a terminal surface region, and wherein said skin contacting electrode element includes an electrically conductive material disposed to electrically couple said terminal surface region to said skin contacting surface region [Fig. 100: 10062, 10064, paragraph 0305, also see Figs. 84-90, paragraphs 0293-294].
As to claim 5, Cartledge discloses wherein said skin contacting electrode element includes a body portion and wherein said electrically conductive material includes a layer of metallic material deposited on a surface of said body portion [paragraphs 0308-309].
As to claim 6, Cartledge discloses wherein said layer of metallic material covers an entire surface of said body portion [paragraphs 0308-309, See Fig. 124: 12462, paragraph 0337], Fig. 132, paragraph 0340].
As to claim 7, Cartledge discloses wherein said skin contacting electrode element includes a body portion and wherein said electrically conductive material includes a bulk material of said body portion [paragraph 0309: “metallic material/conductive malleable materials”].
As to claim 8, Cartledge discloses wherein a signal generator circuit is disposed within said earpiece housing [Fig. 100, 116: paragraph 0320], and wherein an output terminal of said signal generator circuit is electrically coupled to said terminal surface region of said skin contacting electrode element [Figs. 100, 104-107, 0116, paragraphs 301-327].
As to claim 9, Cartledge discloses wherein said output terminal of said signal generator circuit is electrically coupled to said terminal surface region of said skin contacting electrode element by a threaded fastener [Figs. 113-115, paragraphs 301-327].
As to claim 10, Cartledge discloses wherein a further output terminal of said signal generator circuit is signalingly coupled to a further skin contacting electrode element of said signal generator so as to produce an electrical potential between said skin contacting electrode element and said further skin contacting electrode element [Figs. 100, 104-107, 0116, paragraphs 301-327].
As to claim 11, Cartledge discloses a signal generator for auricular conchae [Abstract] comprising: an earpiece housing [Fig. 113:10020/10030]; a flange portion [Fig. 13: 11350]; and a skin-contacting electrode element for contacting a concha of a user [Fig. 13: 11350/10060], said skin contacting electrode element including a coupling column [Fig. 115:11356], said coupling column having a longitudinal axis and a circumferential surface region [Fig. 115:11357], said coupling column being adapted to be disposed through a bore of said flange portion so as to prevent rotation of said coupling column with respect to said flange portion [Fig. 114: 11356” threads into 10033 to prevent rotation of coupling column with respect to flange portion].
Cartledge does not expressly disclose said circumferential surface region exhibiting a polygonal cross- section transverse to said longitudinal axis, said coupling column being adapted to be disposed through a polygonal bore of said flange portion so as to prevent rotation of said coupling column with respect to said flange portion.
In the same or similar field of invention, Callahan discloses said circumferential surface region exhibiting a polygonal cross- section transverse to said longitudinal axis, said coupling column being adapted to be disposed through a polygonal bore of said flange portion so as to prevent rotation of said coupling column with respect to said flange portion [Callahan column Figs. 9A-B, 11A-D, column 16 lines 50 to column 17 line 30, since the bore and the piece that sits in the bore are rectangular shape, it’s implies that the rotation with respect to the flange portion is prevented].
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Cartledge to have said circumferential surface region exhibiting a polygonal cross- section transverse to said longitudinal axis, said coupling column being adapted to be disposed through a polygonal bore of said flange portion so as to prevent rotation of said coupling column with respect to said flange portion as taught by Callahan. The suggestion/motivation would have been to provide an improved noise barrier apparatus which is comfortable, develops high levels of mechanical damping to inhibit generation of sound waves internally of the earpiece structure due to presence of sound waves or other pressure waves externally of the earpiece structure, and creates a good acoustic seal to prevent leakage of noise past the earpiece structure [Callahan column 3 lines 3-10].
As to claim 12, Callahan discloses wherein said polygonal cross-section comprises a substantially square cross-section [Figs. 9A-9B, 11A-11C]. In addition, the same motivation is used as the rejection of claim 11.
As to claim 13, Cartledge discloses wherein said coupling column further comprises: a longitudinal bore disposed coaxial to said longitudinal axis, and a fastener disposed within said longitudinal bore, said fastener being adapted to couple said skin contacting electrode to said earpiece housing [Fig. 113: 11030, 11350].
As to claim 14, Cartledge discloses an electrical connector, said electrical connector being coupled to said skin contacting electrode element by said fastener [Fig. 100: 10062, 10064, paragraph 0305, also see Figs. 113, 84-90, paragraphs 0293-294].
As to claim 15, Cartledge discloses wherein said electrical connector comprises a ring connector [Fig. 115:11356].
As to claim 16, Cartledge discloses a method of coupling an electronic circuit to a skin contacting electrode of a signal generator for auricular conchae [Abstract], comprising: providing an earpiece housing [Fig. 113:10020/10030]; providing said skin-contacting electrode element including a coupling column, said coupling column having a longitudinal axis and a circumferential surface region [Fig. 113: 11350/10060, Fig. 100: 10068, 10050] disposing said coupling column through a bore so as to prevent rotation of said coupling column with respect to said earpiece housing [Fig. 114: 11356” threads into 10033 to prevent rotation of coupling column with respect to earpiece housing]; disposing an output terminal conductor of said electronic circuit in contact with a terminal end surface region of said skin contacting electrode element [Fig. 100: 10068, 10050, 10030, 8110, 8118, Figs. 113-115]; and disposing a fastener through said output terminal conductor into said coupling column to electrically couple said electronic circuit to said skin contacting electrode element and to mechanically couple said skin contacting electrode element to said earpiece housing [Fig. 100: 10068, 10050, 10030, 8110, 8118, Figs. 113-115].
Cartledge does not expressly disclose said coupling column having a substantially polygonal circumferential surface region and disposing said coupling column through a polygonal bore so as to prevent rotation of said coupling column with respect to said earpiece housing.
In the same or similar field of invention, Callahan discloses said coupling column having a substantially polygonal circumferential surface region and disposing said coupling column through a polygonal bore so as to prevent rotation of said coupling column with respect to said earpiece housing [Callahan column Figs. 9A-B, 11A-D, column 16 lines 50 to column 17 line 30, since the bore and the piece that sits in the bore are rectangular shape, it’s implies that the rotation with respect to the earpiece housing is prevented].
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Cartledge to have said coupling column having a substantially polygonal circumferential surface region and disposing said coupling column through a polygonal bore so as to prevent rotation of said coupling column with respect to said earpiece housing as taught by Callahan. The suggestion/motivation would have been to provide an improved noise barrier apparatus which is comfortable, develops high levels of mechanical damping to inhibit generation of sound waves internally of the earpiece structure due to presence of sound waves or other pressure waves externally of the earpiece structure, and creates a good acoustic seal to prevent leakage of noise past the earpiece structure [Callahan column 3 lines 3-10].
As to claim 17, Callahan discloses wherein said polygonal bore is disposed within said earpiece housing. [Figs. 9A-9B, 11A-11C]. In addition, the same motivation is used as the rejection of claim 16.
As to claim 18, Callahan discloses wherein said polygonal bore is disposed within a flange of said earpiece housing [Figs. 9A-9B, 11A-11C]. In addition, the same motivation is used as the rejection of claim 16].
As to claim 19, Cartledge discloses wherein said flange is integrally formed with said earpiece housing [Figs. 100, 113].
As to claim 20, Cartledge discloses wherein a conductive surface layer of said skin contacting electrode element is disposed to provide an electrical coupling between said terminal end surface region and a skin contacting surface region of said skin contacting electrode element [Fig. 100: 10062, 10064, 10068, 10050, 10030, 8110, 8118, paragraph 0305, also see Figs. 84-90, paragraphs 0293-294].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTIM G SHAH whose telephone number is (571)270-5214. The examiner can normally be reached Mon-Fri 7:30am-4pm.
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/ANTIM G SHAH/Primary Examiner, Art Unit 2693
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