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 .
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.
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Claims 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,147,602 and claims 1-17 of U.S. Patent No. 11,775,068. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim the same subject matter.
The claim correspondence is as follows:
Claim
Application
12,147,602
11,775,068
1
1. (Currently Amended) A device comprising: a first sensor for detecting a physiological characteristic of a user; a second sensor for detecting head tilt data of the user of the device; and a communications module coupled to the first sensor and the second sensor, the communications module configured to: in response to detecting the physiological characteristic via the first sensor: transmit the detected head tilt data to a secondary device communicatively coupled to the device, receive one or more action signals from the secondary device, and initiate at least one action based on the received one or more action signals from the secondary device, wherein the device is shaped such that the first sensor is configured to record from a temple, an ear, or a mastoid region of the user.
1. A device comprising: a first sensor for detecting a physiological characteristic of a user; a second sensor for detecting head tilt data of the user of the device; and a communications module coupled to the sensor, the communications module configured to: in response to detecting the physiological characteristic via the first sensor: transmit the detected head tilt data to a secondary device communicatively coupled to the device, receive one or more action signals from the secondary device, and initiate at least one action based on the received one or more action signals from the secondary device, wherein at least a portion of the device shaped to fit within an ear of the user.
1. A device comprising: a first sensor for detecting at least one of electrical or muscular activity; a second sensor for detecting head tilt data of a user of the device; and a communications module coupled to the sensor, the communications module configured to: in response to detecting the electrical or muscular activity via the first sensor: transmit the detected head tilt data to a secondary device communicatively coupled to the device, receive one or more action signals from the secondary device, and initiate at least one action based on the received one or more action signals from the secondary device, wherein at least a portion of the device shaped to fit within an ear of the user.
2
2. (Original) The device of claim 1, wherein the second sensor comprises at least one of an accelerometer or a gyroscope.
2. The device of claim 1, wherein the second sensor comprises at least one of an accelerometer or a gyroscope.
2. The device of claim 1, wherein the second sensor comprises at least one of an accelerometer or a gyroscope.
3
3. (Original) The device of claim 1, wherein the second sensor is configured to sense movement along six axes.
3. The device of claim 1, wherein the second sensor is configured to sense movement along six axes.
3. The device of claim 1, wherein the second sensor is configured to sense movement along six axes.
4
4. (Original) The device of claim 1, wherein the device comprises an earbud.
4. The device of claim 1, wherein the device comprises an earbud.
4. The device of claim 1, wherein the device comprises an earbud.
5
5. (Original) The device of claim 1, wherein the head tilt data comprises at least one of roll, pitch, or yaw data.
5. The device of claim 1, wherein the head tilt data comprises at least one of roll, pitch, or yaw data.
5. The device of claim 1, wherein the head tilt data comprises at least one of roll, pitch, or yaw data.
6
6. (Currently Amended) The device of claim 1, further comprising a pressure sensor configured to detect inner ear pressure from the user, wherein the communications module is further configured to transmit the detect inner ear pressure to the secondary device communicatively coupled to the device.
6. The device of claim 1, further comprising a pressure sensor configured to detect inner ear pressure from the user, wherein the communication module is further configured to transmit the detect inner ear pressure to the secondary device communicatively coupled to the device.
6. The device of claim 1, further comprising a pressure sensor configured to detect inner ear pressure from the user, wherein the communication module is further configured to transmit the detect inner ear pressure to the secondary device communicatively coupled to the device.
7
7. (Original) The device of claim 6, wherein the pressure sensor is configured to measure differences in air pressure within an ear canal.
7. The device of claim 6, wherein the pressure sensor is configured to measure differences in air pressure within an ear canal.
7. The device of claim 6, wherein the pressure sensor is configured to measure differences in air pressure within an ear canal.
8
8. (Original) The device of claim 6, wherein the pressure sensor is a tactile pressure sensor exterior to an ear canal.
8. The device of claim 6, wherein the pressure sensor is a tactile pressure sensor exterior to an ear canal.
8. The device of claim 6, wherein the pressure sensor is a tactile pressure sensor exterior to an ear canal.
9
9. (Currently Amended) A system comprising: a computer system; and a device for use by a user, the device comprising: a first sensor for detecting a physiological characteristic of the user; a second sensor for detecting head tilt data of the user; and a communications module coupled to the first sensor and the second sensor, the communications module configured to: in response to detecting the physiological characteristic via the first sensor: transmit the detected head tilt data to the computer system communicatively coupled to the device, receive one or more action signals from the computer system, and initiate at least one action based on the received one or more action signals from the computer system, wherein the device is shaped such that the first sensor is configured to record from a temple, an ear, or a mastoid region of the user; wherein the computer system is configured to: translate the detected head tilt data into a movement pattern exhibited by the user, and control an operation of a software application executed by the computer system according to the movement pattern.
9. A system comprising: a computer system; and a device for use by a user, the device comprising: a first sensor for detecting a physiological characteristic of the user; a second sensor for detecting head tilt data of the user; a communications module coupled to the first sensor and the second sensor, the communications module configured to: in response to detecting the physiological characteristic via the first sensor: transmit the detected head tilt data to the computer system communicatively coupled to the device, receive one or more action signals from the computer system, and initiate at least one action based on the received one or more action signals from the computer system, wherein at least a portion of the device is shaped to fit within an ear of the user; wherein the computer system is configured to: translate the detected head tilt data into a movement pattern exhibited by the user, and control an operation of a software application executed by the computer system according to the movement pattern.
9. A system comprising: a computer system; and a device for use by a user, the device comprising: a first sensor for detecting at least one of electrical or muscular activity; a second sensor for detecting head tilt data of the user; a communications module coupled to the first sensor and the second sensor, the communications module configured to: in response to detecting the electrical or muscular activity via the first sensor: transmit the detected head tilt data to the computer system communicatively coupled to the device, receive one or more action signals from the computer system, and initiate at least one action based on the received one or more action signals from the computer system, wherein at least a portion of the device is shaped to fit within an ear of the user; wherein the computer system is configured to: translate the detected head tilt data into a movement pattern exhibited by the user, and control an operation of a software application executed by the computer system according to the movement pattern.
10
10. (Original) The system of claim 9, wherein the second sensor comprises at least one of an accelerometer or a gyroscope.
10. The system of claim 9, wherein the second sensor comprises at least one of an accelerometer or a gyroscope.
10. The system of claim 9, wherein the second sensor comprises at least one of an accelerometer or a gyroscope.
11
11. (Original) The system of claim 9, wherein the second sensor is configured to sense movement along six axes.
11. The system of claim 9, wherein the second sensor is configured to sense movement along six axes.
11. The system of claim 9, wherein the second sensor is configured to sense movement along six axes.
12
12. (Original) The system of claim 9, wherein the device comprises an earbud.
12. The system of claim 9, wherein the device comprises an earbud.
12. The system of claim 9, wherein the device comprises an earbud.
13
13. (Original) The system of claim 9, wherein the head tilt data comprises at least one of roll, pitch, or yaw data.
13. The system of claim 9, wherein the head tilt data comprises at least one of roll, pitch, or yaw data.
13. The system of claim 9, wherein the head tilt data comprises at least one of roll, pitch, or yaw data.
14
14. (Currently Amended) The system of claim 9, further comprising a pressure sensor configured to detect inner ear pressure from the user, wherein the communications module is further configured to transmit the detected inner ear pressure to the computer system.
14. The system of claim 9, further comprising a pressure sensor configured to detect inner ear pressure from the user, wherein the communication module is further configured to transmit the detected inner ear pressure to the secondary device communicatively coupled to the device.
14. The system of claim 9, further comprising a pressure sensor configured to detect inner ear pressure from the user, wherein the communication module is further configured to transmit the detected inner ear pressure to the secondary device communicatively coupled to the device.
15
15. (Original) The system of claim 14, wherein the pressure sensor is configured to measure differences in air pressure within an ear canal.
15. The system of claim 14, wherein the pressure sensor is configured to measure differences in air pressure within an ear canal.
15. The system of claim 14, wherein the pressure sensor is configured to measure differences in air pressure within an ear canal.
16
16. (Original) The system of claim 14, wherein the pressure sensor is a tactile pressure sensor exterior to an ear canal.
16. The system of claim 14, wherein the pressure sensor is a tactile pressure sensor exterior to an ear canal.
16. The system of claim 14, wherein the pressure sensor is a tactile pressure sensor exterior to an ear canal.
17
17. (Currently Amended) A method comprising: detecting, by a first sensor of a device for use by a user, a physiological characteristic exhibited by the user from a temple, an ear, or a mastoid region of the user, wherein the device is shaped such that the first sensor is configured to record from the temple, the ear, or the mastoid region of the user; detecting, by a second sensor of the device, head tilt data of the user; in response to detecting the physiological characteristic via the first sensor: transmitting, by a communications module of the device, the detected head tilt data to a computer system communicatively coupled to the device; translating, by the computer system, the detected head tilt data into a movement pattern exhibited by the user; controlling, by the computer system, an operation of a software application executed by the computer system according to the movement pattern; transmitting, by the computer system, one or more action signals to the device; and performing, by the device, at least one action based on the one or more action signals.
17. A method comprising: detecting, by a first sensor of a device for use by a user, a physiological characteristic exhibited by the user; detecting, by a second sensor of the device, head tilt data of the user, wherein at least a portion of the device is shaped to fit within an ear of the user; in response to detecting the physiological characteristic via the first sensor: transmitting, by a communications module of the device, the detected head tilt data to a computer system communicatively coupled to the device; translating, by the computer system, the detected head tilt data into a movement pattern exhibited by the user; controlling, by the computer system, an operation of a software application executed by the computer system according to the movement pattern; transmitting, by the computer system, one or more action signals to the device; and performing, by the device, at least one action based on the one or more action actions.
17. A method comprising: detecting, by a first sensor of a device for use by a user, at least one of electrical or muscular activity exhibited by the user; detecting, by a second sensor of the device, head tilt data of the user, wherein at least a portion of the device is shaped to fit within an ear of the user; in response to detecting the electrical or muscular activity via the first sensor: transmitting, by a communications module of the device, the detected head tilt data to a computer system communicatively coupled to the device; translating, by the computer system, the detected head tilt data into a movement pattern exhibited by the user; controlling, by the computer system, an operation of a software application executed by the computer system according to the movement pattern; transmitting, by the computer system, one or more action signals to the device; and performing, by the device, at least one action based on the one or more action actions.
Allowable Subject Matter
Claims 1-17 would be allowed once the Double Patenting rejection is overcome.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose nor suggest a first device having a first sensor for detecting a physiological characteristic of a user and a second sensor for detecting head tilt of the user, in response to detecting the physiological characteristic, communicating the head tilt data to a secondary device, receive one or more action signals from the second device at the first device and initiating an action based on the action signals where the device is configured to record from a temple, ear, or mastoid region of the user.
The closest prior art to Dusan (US 20180081621) discloses a device for placing in the ear with head tilt sensing but fails to disclose the claimed limitations regarding action signals.
Conclusion
Related Art:
US 11385481 B1 – head mounted tilt sensing device
US 20200241656 A1 – head mounted tilt sensing device
US 20190246218 A1 – head mounted tilt sensing device
US 20180242908 A1 – ear mounted pressure sensing device
US 10039445 B1 – head mounted tilt sensing device
US 20180081621 A1 – head mounted tilt sensing device
US 20170249863 A1 – head mounted accelerometer
US 20170227779 A1 – head mounted tilt sensing device
US 20090058660 A1 – head mounted tilt sensing device
US 20070015611 A1 – head mounted tilt sensing device
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/TRAVIS R HUNNINGS/ Primary Examiner, Art Unit 2689