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 .
Applicant’s election without traverse of Group I (claims 1-12) in the reply filed on 7/23/2026 is acknowledged. Claims 1-12 will be examined.
Claims 13-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/23/2026.
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)(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.
(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.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Abuyousef (WO 2021069058 A1).
Regarding claim 1, Abuyousef teaches an eyelid closure system (Abstract: "The presently disclosed system, device, and method provide for a convenient way to cause a non-healthy eyelid to blink in response to a healthy eyelid blinking; Fig. 7; system 700) comprising: a first optical sensor (Fig. 7; system 600; para. [0040]: "The sensor 600 may be any suitable sensor for detecting movement, for example, an infrared (“IR”) sensor."; An IR sensor is a type of optical sensor); an electrical stimulator (Fig. 7; electrode 730); and a controller (Fig. 7; CPU 710) configured to: receive a sensing signal from the first optical sensor (Fig. 7; movement indication 610), the sensing signal indicative of a kinematic of a first eyelid (para. [0043]: "healthy eyelid") of a user (Fig. 6; the movement indicator 610 indicates movement of a healthy eyelid; para. [0043]: "The sensor 600 may be configured to detect movement and may provide a movement indication 610 upon detecting movement. For example, the sensor 600 may detect movement (e.g., a blink) of a healthy eyelid and provide a movement indication 610 upon detecting the healthy eyelid moving."); and cause the electrical stimulator (Fig. 7; electrode 730) to emit a first electrical stimulus in response to the sensing signal (Fig. 6, Fig. 7; para. [0043]: "The CPU 710 may be configured to receive the movement indication 610, and upon receiving the movement indication 610, the CPU 710 may cause the electrodes 730 to apply an electrical stimulation according to electrical stimulation settings 722 stored in the memory 720"), the first electrical stimulus configured to cause a second eyelid (para. [0043]: "non-healthy eyelid") of the user to close. (para. [0043]: "For example, the electrodes 730 may apply an electrical stimulation to the orbicularis oculi muscle of a non-healthy eyelid to stimulate the muscle and cause the non-healthy eyelid to move (e.g., blink). Accordingly, the system 700 may, in response to a healthy eyelid moving, cause a non-healthy eyelid to move in sync with the healthy eyelid.").
Regarding claim 2, Abuyousef teaches the eyelid closure system of claim 1 (see rejection above) further comprising a frame (Fig. 3; frame 102); wherein the first optical sensor is coupled to the frame (para. [0040]: "In various aspects of the present disclosure, the example device 100 may also include a sensor 600 for detecting a healthy eyelid’s movement…In other examples, the sensor 600 may be located in other suitable positions on the device 100 such that it may detect when a healthy eyelid moves. For instance, the sensor 600 may be located on the front frame 102. In other instances, the sensor 600 may be located on either side of a lens 112, or may be formed integrally with a lens 112."), such that when the frame is worn by the user, the first optical sensor is positioned proximate the first eyelid of the user (para. [0040]: "The illustrated location of the sensor 600 may enable the sensor 600 to best detect when an eyelid moves while also being out the vision of a person wearing the device. In other examples, the sensor 600 may be located in other suitable positions on the device 100 such that it may detect when a healthy eyelid moves.").
Regarding claim 3, Abuyousef teaches the eyelid closure system of claim 2 (see rejection above), wherein the electrical stimulator (Fig. 3; para. [0037]: " the example device 100 may also include one or more extensions 110 (e.g, two) that house, or are attached to, one or more electrodes 730 (Fig. 7).") is coupled to the frame (Fig. 3; extensions 110 protrude from the frame 102 and house one or more electrodes 730), such that when the frame (Fig. 3; frame 102) is worn by a user, the electrical stimulator (one or more electrodes 730) is configured to provide epicutaneous stimulation of an orbicularis oculi muscle corresponding to the second eyelid of the user (para. [0037]: "The one or more extensions 110 protrude from the example device 100 such that the one or more extensions 110, or their respective electrodes 730, contact the device wearer’s face. For instance, Fig. 4 shows an example of a person wearing the example device 100 with two extensions 110 contacting the person’s face. Because the one or more extensions 110, or their respective electrodes 730, contact the person’s face, an electrical stimulation may be applied to the person’s facial muscles, such as the orbicularis oculi muscle."; para. [0043]: "the CPU 710 may cause the electrodes 730 to apply an electrical stimulation according to electrical stimulation settings 722 stored in the memory 720. For example, the electrodes 730 may apply an electrical stimulation to the orbicularis oculi muscle of a non-healthy eyelid to stimulate the muscle and cause the non-healthy eyelid to move (e.g., blink). Accordingly, the system 700 may, in response to a healthy eyelid moving, cause a non-healthy eyelid to move in sync with the healthy eyelid.").
Regarding claim 4, Abuyousef teaches the eyelid closure system of claim 2 (see above), wherein the frame is an eyeglass frame (Fig. 3; para. [0036]: "As illustrated, the example device 100 is configured as a pair of glasses that a person may wear as the person would wear a conventional pair of glasses. The example device 100 may include a front frame 102 that may or may not contain lenses 112.").
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 5-10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Abuyousef (WO 2021069058 A1) in view of Cheng (US 20210244602 A1).
Regarding claim 5, Abuyousef teaches an eyelid closure system (Abstract: "The presently disclosed system, device, and method provide for a convenient way to cause a non-healthy eyelid to blink in response to a healthy eyelid blinking; Fig. 7; system 700) comprising: a first optical sensor (Fig. 7; system 600; para. [0040]: "The sensor 600 may be any suitable sensor for detecting movement, for example, an infrared (“IR”) sensor."; An IR sensor is a type of optical sensor) configured to generate a first signal indicative of a kinematic of a first eyelid of the user (para. [0040]: " In various aspects of the present disclosure, the example device 100 may also include a sensor 600 for detecting a healthy eyelid’s movement"; Fig. 7, movement indication 610); an electrical stimulator (Fig. 7; electrode 730); and a controller (Fig. 7; CPU 710) configured to: receive the first signal (para. [0043]: ". For example, the sensor 600 may detect movement (e.g., a blink) of a healthy eyelid and provide a movement indication 610 upon detecting the healthy eyelid moving. The CPU 710 may be configured to receive the movement indication 610, and upon receiving the movement indication 610"); cause the electrical stimulator to emit a first electrical stimulus in response to the first signal (para. [0043]: "The sensor 600 may be configured to detect movement and may provide a movement indication 610 upon detecting movement. For example, the sensor 600 may detect movement (e.g., a blink) of a healthy eyelid and provide a movement indication 610 upon detecting the healthy eyelid moving. The CPU 710 may be configured to receive the movement indication 610, and upon receiving the movement indication 610, the CPU 710 may cause the electrodes 730 to apply an electrical stimulation according to electrical stimulation settings 722 stored in the memory 720."), the first electrical stimulus intended to cause the second eyelid of the user to close (para. [0043]: "For example, the electrodes 730 may apply an electrical stimulation to the orbicularis oculi muscle of a non-healthy eyelid to stimulate the muscle and cause the non-healthy eyelid to move (e.g., blink). Accordingly, the system 700 may, in response to a healthy eyelid moving, cause a non-healthy eyelid to move in sync with the healthy eyelid."). However, Abuyousef does not teach a second optical sensor configured to generate a second signal indicative of a kinematic of the second eyelid of the user; a controller configured to receive a second optical signal; and a controller configured to: determine, based on the second signal, if the second eyelid of the user is closed in response to the first electrical stimulus; and if the second eyelid of the user is not closed, adjust a stimulus strength of the electrical stimulator.
Cheng, in the same field of endeavor of wearable devices for inducing blinking in a user, discloses a device for controlling blinking. Cheng discloses an eyelid closure system (abstract: "Example embodiment provides a device for inducing blinking of a user") comprising: a first optical sensor (Fig. 3A and 3B; infrared sensor 302(1)) configured to generate a first signal indicative of a kinematic of a first eyelid of the user (para. [0052]: "The infrared sensors 302(1) and 302(2) detects blinking action of the user and sends the information to the processor 304. The processor 304 receives the information and determines the interval between each two subsequent blinking."); a second optical sensor (Fig. 3A and 3B; infared sensor 302(2)) configured to generate a second signal indicative of a kinematic of the second eyelid of the user (para. [0052]: "The infrared sensors 302(1) and 302(2) detects blinking action of the user and sends the information to the processor 304. The processor 304 receives the information and determines the interval between each two subsequent blinking."); an electrical stimulator (Fig. 1; stimulator 103); and a controller (Fig. 1; controller 102) configured to: receive the first and second signals (para. [0041]: "In one example embodiment, the controller 102 monitors the interval between two subsequent blinkings of the user by the blinking detection sensor and generates a control signal when no blinking is detected in a pre-determined period and the stimulator provides a stimulus to induce the blinking of the user accordingly"; each sensor provides a signal for movement of a respective eyelid); determine, based on the second signal, if the second eyelid of the user is closed in response to the first electrical stimulus (para. [0051]: "The infrared sensors 302(1) and 302(2) may be configured at any other position on the frame 310 where the blinking of the user can be detected."; para. [0040]: "In one example embodiment, the controller 102 monitors the blinking of the user by the blinking detection sensor and determines if the blinking corresponds to the stimulus. When the user fails to blink in response to the stimulus is detected by the controller 102, the controller 102 adjusts the control signal to generate a stimulus with increased strength in the stimulator 103, such as a larger simulating current in the electrodes"); and if the second eyelid of the user is not closed (para. [0040]: When the user fails to blink in response to the stimulus…"; the user's eye is not closed if it fails to blink), adjust a stimulus strength of the electrical stimulator (para. [0040]: "When the user fails to blink in response to the stimulus is detected by the controller 102, the controller 102 adjusts the control signal to generate a stimulus with increased strength in the stimulator 103, such as a larger simulating current in the electrodes.").
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Abuyousef to include a second optical sensor and corresponding signal, as well as a controller for receiving the second optical signal, as disclosed by Cheng. One of ordinary skill would recognize that including a second optical sensor would improve the system of Abuyousef by detecting blinking in both healthy and unhealthy eyes and controlling stimulation in based on the movement of both eyes. Further, it would have been obvious to include Cheng’s technique for determining if the second (unhealthy eyelid) is closed and adjusting stimulation strength based on the efficacy of inducing blinking in the unhealthy eyelid. One of ordinary skill would recognize that including this control signal would allow optimal stimulation parameters sufficient for causing blinking. One would further recognize that Cheng’s technique could be implemented into the controller (CPU) of Abuyousef to improve the efficacy of stimulation parameters to induce blinking. Therefore, it would have been an obvious improvement to combine the system of Cheng with the system of Abuyousef.
Regarding claim 6, Abayousef, in combination with Cheng, discloses the eyelid closure system of claim 5 (see 103 rejection above). Abayousef further discloses wherein the first optical sensor is configured to sense visible and/or infrared light (Fig. 7; system 600; para. [0040]: "The sensor 600 may be any suitable sensor for detecting movement, for example, an infrared (“IR”) sensor.").
Regarding claim 7, Abayousef, in combination with Cheng, discloses the eyelid closure system of claim 5 (see 103 rejection above). Abayousef further discloses wherein the electrical stimulator comprises a first electrode (First electrode of one or more electrodes 730) and a second electrode (second electrodes of one or more electrodes 730); and wherein the controller (Fig. 7; CPU 710) is further configured to cause the electrical stimulator to apply an electric potential between the first and second electrodes (para. [0044]: "In some instances, the circuit may send current pulses with a constant voltage of 40V such that the voltage on the electrodes 730 is between 15V and 25 V because the rest of the voltage is absorbed by the stimulus circuit. In such instances, the circuit may send biphasic constant current pulses between 1mA to 5mA." Biphasic means the current is being sent between the two electrodes, which is an electric potential).
Regarding claim 8, Abayousef, in combination with Cheng, discloses the eyelid closure system of claim 7 (see 103 rejection above). Abayousef further discloses wherein at least one of the first electrode and the second electrode (one or more electrodes 730) is positioned proximate a nasal bridge of the user when the eyelid closure system is worn by the user. (Fig. 2; para. [0035] demonstrates example locations a-h, where location “e” is considered to be proximate the nasal bridge (shown directly next to the bridge of a nose): "For example, one may electrically stimulate the orbicularis oculi muscle to cause it to contract and close the eyelid that it controls. Because the orbicularis oculi muscle is a concentric muscle around the eye, the electrical stimulation may be applied in numerous locations around the eye in order to stimulate the orbicularis oculi muscle. For instance, Fig. 2 illustrates example locations a through h around the eye where electrical stimulation may be applied."; para. [0039]: "In other examples, the one or more extensions 110 may be configured on the example device 100 such that they contact a person’s face at other positions around the person’s eye, as illustrated in Fig. 2.").
Regarding claim 9, Abayousef, in combination with Cheng, discloses the eyelid closure system of claim 7 (see 103 rejection above). Abayousef further discloses wherein at least one of the first electrode and the second electrode is positioned proximate a temple of the user when the eyelid closure system is worn by the user (Fig. 2; para. [0035] demonstrates example locations a-h, where location “h” is considered to be proximate the temple: "For example, one may electrically stimulate the orbicularis oculi muscle to cause it to contract and close the eyelid that it controls. Because the orbicularis oculi muscle is a concentric muscle around the eye, the electrical stimulation may be applied in numerous locations around the eye in order to stimulate the orbicularis oculi muscle. For instance, Fig. 2 illustrates example locations a through h around the eye where electrical stimulation may be applied."; para. [0039]: "In other examples, the one or more extensions 110 (which house electrodes 730) may be configured on the example device 100 such that they contact a person’s face at other positions around the person’s eye, as illustrated in Fig. 2.").
Regarding claim 10, Abayousef, in combination with Cheng, discloses the eyelid closure system of claim 5 (see 103 rejection above). Abayousef further discloses where the system further comprises a frame (Fig. 3; frame 102); wherein at least one of: the first optical sensor comprises one or more photodiodes and/or one or more image sensors; the first optical sensor (Fig. 7; para. [0040]: "In various aspects of the present disclosure, the example device 100 may also include a sensor 600 for detecting a healthy eyelid’s movement. The sensor 600 may be any suitable sensor for detecting movement, for example, an infrared (“IR”) sensor") is coupled to the frame (para. [0040]: "In other examples, the sensor 600 may be located in other suitable positions on the device 100 such that it may detect when a healthy eyelid moves. For instance, the sensor 600 may be located on the front frame 102."; ) and positioned proximate the first eyelid of the user (Fig. 6; 600 is located proximate the eyelid, enough so to detect movement; para. [0040]: " The sensor 600 may be any suitable sensor for detecting movement, for example, an infrared (“IR”) sensor. Accordingly, the sensor 600 may be positioned on the example device 100 such that it can detect when a healthy eyelid moves. For instance, Fig. 6 illustrates a top view of the example device 100 and a magnified view of one end of the device 100 showing the sensor 600 located near an endpiece 104. The illustrated location of the sensor 600 may enable the sensor 600 to best detect when an eyelid moves while also being out the vision of a person wearing the device."); the second optical sensor is coupled to the frame and positioned proximate the second eyelid of the user; the first and second optical sensors are coupled to the frame; the electrical stimulator (one or more electrodes 730 housed in one or more extensions 110; Fig. 3) is coupled to the frame (Fig. 3; extensions 110, housing electrodes 730, are shown attached to frame 102), such that when the frame is worn by the user, the electrical stimulator is configured to provide epicutaneous stimulation of an orbicularis oculi muscle corresponding to the second eyelid of the user (para. [0037]: "In some instances of the present disclosure, the example device 100 may also include one or more extensions 110 (e.g, two) that house, or are attached to, one or more electrodes 730 (Fig. 7). The one or more extensions 110 protrude from the example device 100 such that the one or more extensions 110, or their respective electrodes 730, contact the device wearer’s face. For instance, Fig. 4 shows an example of a person wearing the example device 100 with two extensions 110 contacting the person’s face. Because the one or more extensions 110, or their respective electrodes 730, contact the person’s face, an electrical stimulation may be applied to the person’s facial muscles, such as the orbicularis oculi muscle."); or the frame is an eyeglass frame (para. [0036]: "As illustrated, the example device 100 is configured as a pair of glasses that a person may wear as the person would wear a conventional pair of glasses. The example device 100 may include a front frame 102 that may or may not contain lenses 112."; Fig. 3).
Regarding claim 12, Abayousef, in combination with Cheng, discloses the eyelid closure system of claim 5 (see 103 rejection above). Abayousef further discloses wherein adjusting the stimulus strength of the electrical stimulator (one or more electrodes 730) comprises further configuring the controller (CPU 710) to cause the electrical stimulator to emit a second electrical stimulus, the second electrical stimulus having a magnitude greater than a magnitude of the first electrical stimulus. (para. [0043]-[0045] discloses varying stimulation intensities and voltages, where a first magnitude of a first stimulus would be greater than the second magnitude of a second stimulus when the voltage and intensity is increased: "The CPU 710 may be configured to receive the movement indication 610, and upon receiving the movement indication 610, the CPU 710 may cause the electrodes 730 to apply an electrical stimulation according to electrical stimulation settings 722 stored in the memory 720…In other examples, the electrical stimulation settings 722 may be adjustable by the wearer or other party through an external client device 820 (Fig. 8), or by making adjustments directly on the system (e.g., the system 700) or the device (e.g., the device 100) associated with the respective electrical stimulation settings 722. As such, in other examples, the electrical stimulation settings 722 may require stimulations with other suitable amounts of voltage, current, pulse widths, pulse periods, and number of periods per stimulus than those described in order to cause at least the orbicularis oculi of a person to contract. For instance, the electrical stimulation settings 722 may be adjusted for various stimulation intensities, durations, and/or frequencies."; The intensity and voltage would be increased to cause an orbicularis oculi contraction, which would be a magnitude greater than the initial stimulus that did not cause a contraction.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OWEN LEWIS MARSH whose telephone number is (571)272-8584. The examiner can normally be reached 7:30am – 5pm (M-Th), 8am – noon (F).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer McDonald can be reached at (571) 270-3061. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/O.L.M./Examiner, Art Unit 3796
/ALLEN PORTER/Primary Examiner, Art Unit 3796
Prosecution Insights