DETAILED ACTION
This Office Action is in response to the filing of a Continuation in Part (CIP) of Application 18/902821 which is concurrently pending. This Office Action is in also in response to the filing of a Continuation in Part (CIP) of Application 18/748059 which is now United States Patent 12,201,427. This Office Action is in further in response to the filing of a Continuation in Part (CIP) of Application 18/411540 which is now United States Patent 12,310,749. This Office Action is additionally in response to the filing of 18/219684 which has been abandoned. Claims 1-20, as originally filed, are pending and have been considered as follows.
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 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.
Claim 7 is 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 7 recites in part …wherein most of a person's auricle is within a concavity of the circumferential housing. The term “most” in Claim 7 is a relative term which renders the claim indefinite. The term “most” 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.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wingeier et al (2020/0215326 A1).
As per Claims 1 and 11, Wingeier teaches headphones with electrodes (Figure 5 – Reference 100; Page 8, Paragraph [0083]) comprising: a left-side circumaural housing which encircles and covers a person's left auricle (Electronics Subsystem Housing - Left: Figure 5 – Reference 100; Page 8, Paragraph [0080] and [0083]); a right-side circumaural housing which encircles and covers the person's right auricle (Electronics Subsystem Housing - Right: Figure 5 – Reference 100; Page 8, Paragraph [0080] and [0083]).
Wingeier also teaches an upper band which loops and/or curves over the upper half of the person's head from the left-side circumaural housing to the right-side circumaural housing (Head Apparatus: Figure 5 – Reference 100; Page 3, Paragraph [0032]; Page 8, Paragraphs [0079] and [0080]); a first plurality of electrodes on the left-side circumaural housing which records biometric signals from the person's brain (Electrode Assembly: Figure 5 – Reference 100; Page 2, Paragraphs [0026] and [0027]; Page 3, Paragraph [0032] and [0033]; Page 7, Paragraph [0068]; Page 8, Paragraph [0082] and [0083]).
(Note: In paragraph [0026], Wingeier indicates that electrodes are places at a head region of a user preferable at a skin surface of the user [e.g. forehead, scalp, hair, etc.] head/ head region. Placement of electrodes at the skin surface of the user would be less than an inch of the user head. Wingeier describes electrodes being positioned at any or all of a motor cortex region of a user, a frontal and/or prefrontal cortex region of the user, F3 brain region, F4 brain region, a supraorbital brain region, forehead, and/or any other suitable head or other body region of the user. In paragraph [0027], Wingeier describes electrodes as being comfortably worn by the user on the head)
(Note: In paragraph [0032], Wingeier describes the electrode assembly as including one or more support housings enabling coupling of the electrode assemble to the headset apparatus. In paragraph [0033], Wingeier indicates the electrode housing mechanically supports each of the set of electrodes at predetermined locations at some predetermined distances from one another such that electrodes are capable of stimulating appropriate head regions of the user)
(Note: In paragraph [0068], Wingeier describes the sensor subsystem including one or more biological sensors [e.g. EEG sensors], transducers and additional sensors for sensing signals from the user. Wingeier indicates the sensors may be incorporated into the headset apparatus and/or any other component coupled to the user, user device or any other device)
Wingeier further teaches a second plurality of electrodes on the right-side circumaural housing which records biometric signals from the person's brain (Electrode Assembly: Figure 5 – Reference 100; Page 2, Paragraphs [0026] and [0027]; Page 3, Paragraph [0032] and [0033]; Page 7, Paragraph [0068]; Page 8, Paragraph [0082] and [0083]); and a third plurality of electrodes on the upper band which records biometric signals from the person's brain (Electrode Assembly: Figure 5 – Reference 100; Page 2, Paragraphs [0026] and [0027]; Page 3, Paragraph [0032] and [0033]; Page 7, Paragraph [0068]; Page 8, Paragraph [0082] and [0083]).
As per Claim 2, Wingeier teaches wherein a circumaural housing further comprises a speaker or other sound-emitting component (Page 8, Paragraph [0080]).
As per Claim 3, Wingeier teaches wherein the headphones further comprise a data processor (Figure 1 – Reference 120; Page 3, Paragraph [0034] and [0037]).
As per Claim 4, Wingeier teaches wherein the headphones further comprise a wireless data transmitter (Figure 1 – Reference 140; Page 6, Paragraph [0065] and [0066]).
As per Claim 5 and 6, Wingeier teaches wherein the headphones further comprise a battery or other power source (Power Source: Figure 1; Page 4, Paragraph [0045]; Page 5, Paragraph [0051]; Page 7, Paragraph [0072]); and wherein a circumferential housing is concave as described in Claim 1 (See Figure 5).
As per Claim 7, Wingeier teaches wherein most of a person's auricle is within a concavity of the circumferential housing as described in Claim 1.
As per Claims 8 and 13, Wingeier teaches wherein a plurality of electrodes are located at a subset of the following placement sites: CP1, CP2, CP3, CP4, CP5, CP6, CPz, FC1, FC2, FC3, FC4, FC5, FC6, FCz, O1, O2, Oz, P7, P8, PO7, PO8, TP7 and TP8. (Note: The set of placement sites are recited by the claim [e.g. CP1, CP2, CP3, CP4, CP5, CP6, CPz, FC1, FC2, FC3, FC4, FC5, FC6, FCz, O1, O2, Oz, P7, P8, PO7, PO8, TP7 and TP8]. A subset is some combination of the set that is less than the set)
(Note: In paragraph [0026], Wingeier indicates that electrodes are places at a head region of a user preferable at a skin surface of the user [e.g. forehead, scalp, hair, etc.] head/ head region. Wingeier describes electrodes being positioned at any or all of a motor cortex region of a user, a frontal and/or prefrontal cortex region of the user, F3 brain region, F4 brain region, a supraorbital brain region, forehead, and/or any other suitable head or other body region of the user. The Examiner is considering this as evidence of wherein a plurality of electrodes are located at a subset of the recited placement sites)
As per Claims 9-11, Wingeier teaches wherein the upper band bifurcates into two branches as it loops and/or curves over the upper half of the person's head; wherein the two branches of the bifurcated upper band diverge from each other at an angle between 20 to 80 degrees; and wherein the headphones cover a person's ears and loop over the top of the person's head as described in Claim 1.
As per Claim 14, Wingeier teaches a headset with electrodes comprising: a left-side partially-circumaural housing which encircles between 50% and 90% of a person's left auricle; a right-side partially-circumaural housing which encircles between 50% and 90% of the person's right auricle; an upper band which loops and/or curves over the upper half of the person's head from the left-side partially-circumaural housing to the right-side partially-circumaural housing as described in Claim 1.
Wingeier also teaches a first plurality of electrodes on the left-side circumaural housing which records biometric signals from the person's brain; a second plurality of electrodes on the right-side circumaural housing which records biometric signals from the person's brain; and a third plurality of electrodes on the upper band which records biometric signals from the person's brain as described in Claim 1.
As per Claim 15, Wingeier teaches wherein the headset further comprises a data processor, a wireless data transmitter, and a battery or other power source as described in Claims 3-5 above.
As per Claim 16, Wingeier teaches wherein a circumaural housing partially-encircles, but does not cover, a person's auricle as described in Claim 1.
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.
Claim(s) 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wingeier et al (2020/0215326 A1) in view of Lu et al (2019/0215592 A1).
As per Claim 17, Wingeier teaches the headset in claim 14; but does not teach wherein a partially-circumaural housing comprises a partial-annular and/or partial-toroidal band; and wherein a partially-circumaural housing comprises a partial-annular and/or partial-toroidal ear cuff or ear cushion.
However, Lu teaches wherein a partially-circumaural housing comprises a partial-annular and/or partial-toroidal band; and wherein a partially-circumaural housing comprises a partial-annular and/or partial-toroidal ear cuff or ear cushion (Figures 2, 3 and 5). (Note: Figures 2, 3 and 5 of Lu are illustrations of a partial-annular and/or partial-toroidal band and also illustrate a partial-annular and/or partial-toroidal ear cuff or ear cushion)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the headset taught by Wingeier with the headset taught by Lu to enable a wearer of the annular headphone to wear the headphones without negatively impacting the user head style as the annular headphone is easy to dismount which contributes to changing or washing the wearing headband to match the user’s different hairstyles or clothes creating or enhancing the user’s personal sense of style.
As per Claims 19 and 20, the combination of Wingeier and Lu teaches wherein a circumferential gap in a partially-circumaural housing is within an anterior half of a circumference around an auricle; and wherein a circumferential gap in a partially-circumaural housing is within a lower half of a circumference around an auricle (Lu: Figures 2, 3 and 5).
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the headset taught by Wingeier with the headset taught by Lu to enable a wearer of the annular headphone to wear the headphones without negatively impacting the user head style as the annular headphone is easy to dismount which contributes to changing or washing the wearing headband to match the user’s different hairstyles or clothes creating or enhancing the user’s personal sense of style.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wingeier et al (2018/0256888 A1), MYRDEN et al (2019/0212816 A1), Washbon et al (2007/0225585 A1) and LIU (2017/0245778 A1). Each of these describes systems and methods for utilizing wearable devices to perform medical testing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHARYE POPE whose telephone number is (571)270-5587. The examiner can normally be reached Monday - Friday 8AM - 4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached at 571-272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KHARYE POPE
Primary Examiner
Art Unit 2693
/KHARYE POPE/Primary Examiner, Art Unit 2693