DETAILED ACTION
Response to Arguments
Applicant's arguments filed on 05/21/2026 have been fully considered but they are not persuasive.
Regarding Double Patenting Rejection
Applicant argues (Remarks p.6) that the amendments render the claims patentably distinct. This is not persuasive; the amended limitations recite the same baseline and common-mode signal processing already claimed in patented claims 1 and 6 (see double patenting rejection and the claim comparison table below). The rejection is maintained.
Regarding 35 USC §102 Rejections
The 35 U.S.C. § 102 rejection is withdrawn in view of the amendments, and a new ground under 35 U.S.C. § 103 over Siros in view of Xu is set forth below. Applicant’s argument (Remarks pp.7-8) that Sirois does not disclose the three-electrode/common-mode architecture is not persuasive, as Sirois remains applied for that subject matter: Sirois discloses that “the third could be another measurement electrode, a driven-right-leg electrode, or a ground electrode” (¶ 0060) and that “[t]he measurement and generation of the common mode and opposite signals can be conducted continuously (¶ 0059), and Applicant’s own specification equate “a reference or baseline electrophysiologic signal (¶ 0055). The sole limitation not clearly taught by Sirois is the controller-performed common-mode removal which is taught by Xu (¶ 0062).
Regarding 35 USC §103 Rejections
Applicant’s arguments (Remarks pp. 7-9) are derivative of the arguments for claims 1 and 9 and not persuasive for the reasons given above. The rejections are updated to reflect the new ground for the independent claims and are maintained.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 4-5, 8-10, 12, 14, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Sirois; Alain et al., US 20220276723 A1] in view of [Xu; Jiawei et al., US 20150005585 A1].
Regarding claim 1:
Sirois discloses:
1. An earbud (300) [Sirois: Fig.7: e.g., ear bud 700, 710, 720, or 730] comprising:
a first electrode (302) [Sirois: Fig.1: electrode 102 or 112; Fig.7: e.g., electrode 701, 711, 733] positioned to physically contact a first anatomic location of an ear of a user when the earbud (300) [Sirois: Fig.7: e.g., ear bud 700, 710, 720, or 730] is worn by the user [Sirois: Fig.2; ¶ 0028: “FIG. 2 also includes an illustration of the auricular anatomy 250 in a human body. In order to measure the bioelectric signal, the electrodes can be placed in contact with the subject's skin at any location within or near the ear. For example, in the ear canal 251, inferior concha 252, superior concha 253, ear lobe 254, tragus 255, etc., or around the ear 260. The electrodes can be on the surface of a wearable device, such as an earbud, so that the electrodes are in contact with the skin when the subject wears the device”; Fig.7; ¶ 0107: “The earbud 700 comprises two electrodes 701 and 702 located on an external surface of the earbud. In this example, the electrodes are located on the ear tip 703 of the earbud, which is to be placed in the ear canal when the earbud is worn. In this way, the electrodes will be located in the ear canal when worn”; ¶ 0109: “In the specific embodiments of the invention where the electrodes are located in the ear, they can be located in the ear canal, as explained with reference to earbud 700, in the inferior concha, the superior concha, the ear lobe, the tragus, etc., or anywhere else around the ear”], the first electrode (302) [Sirois: Fig.1: electrode 102 or 112; Fig.7: e.g., electrode 701, 711, 733] configured to detect a first electrophysiologic signal exhibited by the user [Sirois: ¶ 0025: “This recording technique can use at least two different electrodes (at least one “measurement” electrode, and at least one “reference” electrode). It is possible to have several measurement electrodes, located at different places on the skin”; ¶ 0027: “ muscular activity of the masseter muscle can be measured and used by a neural interface”];
a second electrode (304) [Sirois: Fig.1: electrode 103 or 113; Fig.7: e.g., electrode 702, 712, 734] positioned to physically contact a second anatomic location of the ear when the earbud (300) [Sirois: Fig.7: e.g., ear bud 700, 710, 720, or 730] is worn by the user [Sirois: Fig.2; ¶ 0028: “FIG. 2 also includes an illustration of the auricular anatomy 250 in a human body. In order to measure the bioelectric signal, the electrodes can be placed in contact with the subject's skin at any location within or near the ear. For example, in the ear canal 251, inferior concha 252, superior concha 253, ear lobe 254, tragus 255, etc., or around the ear 260. The electrodes can be on the surface of a wearable device, such as an earbud, so that the electrodes are in contact with the skin when the subject wears the device”; Fig.7; ¶ 0107: “The earbud 700 comprises two electrodes 701 and 702 located on an external surface of the earbud. In this example, the electrodes are located on the ear tip 703 of the earbud, which is to be placed in the ear canal when the earbud is worn. In this way, the electrodes will be located in the ear canal when worn”; ¶ 0109: “In the specific embodiments of the invention where the electrodes are located in the ear, they can be located in the ear canal, as explained with reference to earbud 700, in the inferior concha, the superior concha, the ear lobe, the tragus, etc., or anywhere else around the ear”], the second electrode (304) [Sirois: Fig.1: electrode 103 or 113; Fig.7: e.g., electrode 702, 712, 734] configured to detect a baseline electrophysiologic signal exhibited by the user [Sirois: ¶ 0025: “This recording technique can use at least two different electrodes (at least one “measurement” electrode, and at least one “reference” electrode). It is possible to have several measurement electrodes, located at different places on the skin”; ¶ 0027: “ muscular activity of the masseter muscle can be measured and used by a neural interface”; ¶ 0030: “ the differential signal between the measurement electrode and the reference electrode”];
a third electrode (306) [Sirois: ¶ 0025: “It is possible to have several measurement electrodes, located at different places on the skin”; ¶ 0031: “Besides the aforementioned “measurement” and “reference” electrodes, the system can include additional electrodes. For example, the system can include a “Bias” or “Driven Right Leg” electrode, used to cancel the common mode measured across the different channels. The system can also include a “Ground” electrode, used to establish a common ground between the electronics and the body of the subject”; ¶ 0060: “ In specific embodiments, one or more distinct elements of the gesture recognition system (e.g., two separate earbuds or earpieces) can include different numbers and configurations of electrodes…In embodiments in which there were more than two electrodes the third could be another measurement electrode, a driven-right-leg electrode, or a ground electrode. In a specific embodiment of the invention, a system could include two elements which each include three electrodes for a total of six”] positioned to physically contact a third anatomic location of the ear when the earbud is worn by the user [Sirois: Fig.2; ¶ 0028: “FIG. 2 also includes an illustration of the auricular anatomy 250 in a human body. In order to measure the bioelectric signal, the electrodes can be placed in contact with the subject's skin at any location within or near the ear. For example, in the ear canal 251, inferior concha 252, superior concha 253, ear lobe 254, tragus 255, etc., or around the ear 260. The electrodes can be on the surface of a wearable device, such as an earbud, so that the electrodes are in contact with the skin when the subject wears the device”; Fig.7; ¶ 0107: “The earbud 700 comprises two electrodes 701 and 702 located on an external surface of the earbud. In this example, the electrodes are located on the ear tip 703 of the earbud, which is to be placed in the ear canal when the earbud is worn. In this way, the electrodes will be located in the ear canal when worn”; ¶ 0109: “In the specific embodiments of the invention where the electrodes are located in the ear, they can be located in the ear canal, as explained with reference to earbud 700, in the inferior concha, the superior concha, the ear lobe, the tragus, etc., or anywhere else around the ear”], the third electrode (306) [Sirois: ¶ 0025: “It is possible to have several measurement electrodes, located at different places on the skin”; ¶ 0031: “Besides the aforementioned “measurement” and “reference” electrodes, the system can include additional electrodes. For example, the system can include a “Bias” or “Driven Right Leg” electrode, used to cancel the common mode measured across the different channels. The system can also include a “Ground” electrode, used to establish a common ground between the electronics and the body of the subject”; ¶ 0060: “ In specific embodiments, one or more distinct elements of the gesture recognition system (e.g., two separate earbuds or earpieces) can include different numbers and configurations of electrodes…In embodiments in which there were more than two electrodes the third could be another measurement electrode, a driven-right-leg electrode, or a ground electrode. In a specific embodiment of the invention, a system could include two elements which each include three electrodes for a total of six”] configured to detect common-mode signals across the first electrode (302) [Sirois: Fig.1: electrode 102] and the second electrode (304) [Sirois: Fig.1: electrode 103; ¶ 0031: “used to cancel the common mode measured across the different channels”; ¶ 0059: “ The measurements can be conducted relative to a reference electrode. In specific embodiments, the multiple measurements can be analyzed to determine a common mode signal for the system (e.g., the multiple measurements can be summed and averaged). The multiple measurements can be conducted relative to a single reference electrode or more than one reference electrode. In specific embodiments, the system can be designed to generate an opposite of the common mode signal and feedback the signal into the body of the wearer to counteract the common mode signal. The measurement and generation of the common mode and opposite signals can be conducted continuously to improve the performance of the system. The signal used to cancel out the common mode signal could be fed back using an electrode which can be referred to as a driven-right-leg electrode”];
and a controller [Sirois: Fig1.: processing block 104 or 114] coupled to the first electrode (302), the second electrode (304), and the third electrode (306) [Sirois: Fig.1; Examiner: As shown in Fig.1, the electrodes are connected to the processing block.], the controller programmed to:
receive the first electrophysiologic signal, the baseline electrophysiologic signal, and the common-mode signals [Sirois: ¶ 0034: “The discretized and digitized signal can then be transmitted to the processing block of the system, such as processing block 104 of FIG. 1”; ¶ 0059: “The measurements can be conducted relative to a reference electrode. In specific embodiments, the multiple measurements can be analyzed to determine a common mode signal for the system (e.g., the multiple measurements can be summed and averaged). The multiple measurements can be conducted relative to a single reference electrode or more than one reference electrode. In specific embodiments, the system can be designed to generate an opposite of the common mode signal and feedback the signal into the body of the wearer to counteract the common mode signal. The measurement and generation of the common mode and opposite signals can be conducted continuously to improve the performance of the system. The signal used to cancel out the common mode signal could be fed back using an electrode which can be referred to as a driven-right-leg electrode”], determine a gesture being performed by the user by comparing the first electrophysiologic signal to the baseline electrophysiologic signal [Sirois: ¶ 0030: “the differential signal between the measurement electrode and the reference electrode”; ¶ 0038: “The bioelectric signal can be analyzed in order to recognize a gesture signal in the bioelectric signal”], and transmit the determined gesture to an external device [Sirois: Fig.1: Personal User Device 120] for control thereof [Sirois: Fig.1: Generate Interface Signal; ¶ 0041: “In specific embodiments of the invention, the system is configured to generate an interface signal upon recognizing the gesture signal in the bioelectric signal, as indicated in step 153 of flowchart 150. The interface signal can alternatively or in combination be a feedback signal to notify the user that the gesture was recognized, a control signal for the wearable device or an associated device, or a training signal used to train an gesture recognition model for the gesture recognition system”; ¶ 0042: “The interface signal can be a feedback signal for the user that the gesture signal was recognized. The feedback can be in the form an auditory, visual or haptic feedback, such as a beep or hearable message, a message on a display, a vibration, etc... The user interface output can be located on the personal head wearable device itself. For example, the user interface output can be the speaker 106 of device 100. Alternatively, or in combination, the user interface output can be a vibrator or display on the wearable device. Alternatively, or in combination, the user interface output can be located on a device operating in conjunction with the personal head wearable device, such as personal user device 120. For example, the interface signal can be a representation of the gesture signal displayed on a display 128 or auditory message via speaker 126”; ¶ 0043: “The interface signal can not only be an explicit feedback that the gesture has been recognized but also a control signal for the system and/or other devices associated with the system. For example, the control signal can be used to perform certain actions or trigger certain events for devices associated with the system depending on the gesture performed by the user as recognized from the gesture signal. In this way, the interface signal can be used to control a play/pause function, a start/end call function, and the like. As a result, a system in accordance with specific embodiments of the invention can be used to control devices, including hands-free control”].
However, Sirois does not expressly disclose:
the controller (352) programmed to determine a gesture … by removing the common-mode signals (i.e., performing the common-mode removal within the controller. Sirois performs the removal in its analog front end [Sirois: ¶ 0059: “The signal used to cancel out the common mode signal could be fed back using an electrode which can be referred to as a driven-right-leg electrode”], not within the processing block).
Xu discloses:
a controller (352) [Xu: Figs.2-3: digital signal processor 30] programmed to derive the common-mode signal within the processor [Xu: ¶ 0057: “The digital outputs from the two active electrodes are added by adder 39 in order to derive a common mode signal”; ¶ 0062: “The common mode signal extraction is performed in the signal processor 30”] and remove it to extract the target biopotential [Xu: ¶ 0040: “ A subtractor 31 generates a difference signal that provides the output of the system”; ¶ 0061: “The common mode feedback signal CMFB is thus subtracted from the two electrode signals Il (for the reference active electrode 10) and 12 (for the signal active electrode 16)”; ¶ 0066: “the system can achieve a very high CMRR, for example, 100 dB”].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Sirois such that its controller (352) [Sirois: Fig.1: processing block 104] performs the common-mode removal, as taught by Xu, because Sirois already transmits the digitized channels to its processing block [Sirois: ¶ 0034: “] The discretized and digitized signal can then be transmitted to the processing block of the system, such as processing block 104 of FIG. 1”] and contemplates digital processing there [Sirois: ¶ 0035: “channels recombination, channels re-referencing”], so relocating the already-disclosed common-mode removal [Sirois: ¶ 0059: “The signal used to cancel out the common mode signal could be fed back using an electrode which can be referred to as a driven-right-leg electrode”] into that processor is a predictable use of Sirois’s existing signal path. The motivation is Sirois’s own goal of improved performance [Sirois: ¶ 0059: “conducted continuously to improve the performance of the system”], together with Xu’s teaching that doing so digitally is [Xu: ¶ 0013: “performed in the digital domain, which is generally more flexible and power/area efficient than in the analog domain”] and attains high common-mode rejection [Xu: ¶ 0066: “the system can achieve a very high CMRR, for example, 100 dB”]. Sirois and Xu are analogues are – both biopotential (EEG/ECG/EMG) acquisition systems addressing common-mode interference – and a POSITA would have had a reasonable expectation of success, yielding the predictable result of cleaner gesture signals.
Regarding claim 2:
Sirois discloses:
2. The earbud of claim 1,
wherein the first electrophysiologic signal and the baseline electrophysiologic signal comprise one or more of an electrocardiogram (ECG), an electroencephalogram (EEG), or an electromyography (EMG) [Sirois: ¶ 0004: “ These electrodes can be installed in audio earbud devices or an earpiece to capture different types of electric signals, such as the EEG, ECG, EMG, and EOG signals mentioned above”; ¶ 0025: “Electrodes consisting of a conductive material, for example metal, can be put in contact with the skin and capture electrical potential changes at the surface of the skin. Those electrodes can be referred to as surface electrodes. This technique is called EMG.”; ¶ 0027: “a muscular activity of the masseter muscle can be measured”].
Regarding claim 4:
Sirois discloses:
4. The earbud of claim 1,
wherein the external device comprises a virtual reality headset [Sirois: ¶ 0004: “. For instance, head wearable devices include smart glasses, earpieces generally, walkie talkie earpieces, headset or earbuds, wireless earbuds, VR/AR headsets, earphones, earplugs, etc.”; ¶ 0044: “Electronic devices, such as personal user device 120 of FIG. 1, can then be controlled by performing gestures and recognizing the gesture signals in the bioelectric signal. Several control functions can be performed by using the system described herein, such as play/pause music, for example using True Wireless earphones, open/close push-to-talk communication on a walkie talkie, grasp an object using VR Headset, trigger noise cancellation on sleep buds, trigger ASSR test on hearing aids, among others”].
Regarding claim 5:
Sirois discloses:
5. The earbud of claim 1,
wherein the first electrode (302), the second electrode (304), and the third electrode (306) comprise at least one of an elastomer, silicone, a metal, a ceramic, a carbon nanotube material, composites thereof, or combinations thereof [Sirois: ¶ 0116: “Candidate materials can include composite polymers, such as silicone (e.g., PDMS, Ecoflex, etc.) mixed with electronic-conductive particles (e.g., carbon black, CNT, graphite, Ag, etc.) and/or ionic-conductive particles (e.g., Ag/AgCl, etc.). Candidate materials can also include intrinsically conductive polymers, which include polymers that have conductive properties due to their original composition (e.g., PEDOT:PSS) mixed with additive to give them water resistant, stretchable or adhesive properties (e.g., waterborne polyurethane—WPU, D-sorbitol). Candidate materials can also include metal-coated fabric (e.g., coating using silver and silver chloride) and other suitable materials. The examples provided herein are not limiting examples of candidate materials”; ¶ 0117: “In specific embodiment of the invention, the electrodes can comprise a surface of composite polymer. The composite polymer can be a rubber polymer mixed with conductive particles. The rubber polymer can be soft silicone. The conductive particles can include at least one of carbon black, carbon nanotubes, graphite, silver and silver chloride. In specific embodiment of the invention, the electrodes comprise an intrinsically conductive polymer. The intrinsically conductive polymer can have a conductive original composition and a water-resistant additive”].
Regarding claim 8:
Sirois discloses:
8. The earbud of claim 1,
wherein the first anatomic location, the second anatomic location, and the third anatomic location are selected such that they correspond to at least two different nerves [Sirois: Fig.2; ¶ 0028: “FIG. 2 also includes an illustration of the auricular anatomy 250 in a human body. In order to measure the bioelectric signal, the electrodes can be placed in contact with the subject's skin at any location within or near the ear. For example, in the ear canal 251, inferior concha 252, superior concha 253, ear lobe 254, tragus 255, etc., or around the ear 260. The electrodes can be on the surface of a wearable device, such as an earbud, so that the electrodes are in contact with the skin when the subject wears the device”; Fig.7; ¶ 0107: “The earbud 700 comprises two electrodes 701 and 702 located on an external surface of the earbud. In this example, the electrodes are located on the ear tip 703 of the earbud, which is to be placed in the ear canal when the earbud is worn. In this way, the electrodes will be located in the ear canal when worn”; ¶ 0109: “In the specific embodiments of the invention where the electrodes are located in the ear, they can be located in the ear canal, as explained with reference to earbud 700, in the inferior concha, the superior concha, the ear lobe, the tragus, etc., or anywhere else around the ear”; Examiner: The nerve arrangement of a human ear and the branching out of various nerves from vague, greater auricular never and auriculotemporal within the ear are inherent. For example, the electrodes that are located in the concha are closer to the auricular branch of the vagus nerve.].
Regarding claim 9:
Sirois discloses:
9. A system [Sirois: Fig.1; ¶ 0011: “FIG. 1 includes an example of a gesture detection system”] comprising:
an earbud [Sirois: Fig.7: e.g., ear bud 700, 710, 720, or 730] comprising:
a first electrode (302) [Sirois: Fig.1: electrode 102 or 112; Fig.7: e.g., electrode 701, 711, 733] positioned to physically contact a first anatomic location of an ear of a user when the earbud is worn by the user [Sirois: Fig.2; ¶ 0028: “FIG. 2 also includes an illustration of the auricular anatomy 250 in a human body. In order to measure the bioelectric signal, the electrodes can be placed in contact with the subject's skin at any location within or near the ear. For example, in the ear canal 251, inferior concha 252, superior concha 253, ear lobe 254, tragus 255, etc., or around the ear 260. The electrodes can be on the surface of a wearable device, such as an earbud, so that the electrodes are in contact with the skin when the subject wears the device”; Fig.7; ¶ 0107: “The earbud 700 comprises two electrodes 701 and 702 located on an external surface of the earbud. In this example, the electrodes are located on the ear tip 703 of the earbud, which is to be placed in the ear canal when the earbud is worn. In this way, the electrodes will be located in the ear canal when worn”; ¶ 0109: “In the specific embodiments of the invention where the electrodes are located in the ear, they can be located in the ear canal, as explained with reference to earbud 700, in the inferior concha, the superior concha, the ear lobe, the tragus, etc., or anywhere else around the ear”], the first electrode (302) [Sirois: Fig.1: electrode 102 or 112; Fig.7: e.g., electrode 701, 711, 733] configured to detect a first electrophysiologic signal exhibited by the user [Sirois: ¶ 0025: “This recording technique can use at least two different electrodes (at least one “measurement” electrode, and at least one “reference” electrode). It is possible to have several measurement electrodes, located at different places on the skin”; ¶ 0027: “ muscular activity of the masseter muscle can be measured and used by a neural interface”],
a second electrode (304) [Sirois: Fig.1: electrode 103 or 113; Fig.7: e.g., electrode 702, 712, 734] positioned to physically contact a second anatomic location of the ear when the earbud is worn by the user [Sirois: Fig.2; ¶ 0028: “FIG. 2 also includes an illustration of the auricular anatomy 250 in a human body. In order to measure the bioelectric signal, the electrodes can be placed in contact with the subject's skin at any location within or near the ear. For example, in the ear canal 251, inferior concha 252, superior concha 253, ear lobe 254, tragus 255, etc., or around the ear 260. The electrodes can be on the surface of a wearable device, such as an earbud, so that the electrodes are in contact with the skin when the subject wears the device”; Fig.7; ¶ 0107: “The earbud 700 comprises two electrodes 701 and 702 located on an external surface of the earbud. In this example, the electrodes are located on the ear tip 703 of the earbud, which is to be placed in the ear canal when the earbud is worn. In this way, the electrodes will be located in the ear canal when worn”; ¶ 0109: “In the specific embodiments of the invention where the electrodes are located in the ear, they can be located in the ear canal, as explained with reference to earbud 700, in the inferior concha, the superior concha, the ear lobe, the tragus, etc., or anywhere else around the ear”], the second electrode (304) [Sirois: Fig.1: electrode 103 or 113; Fig.7: e.g., electrode 702, 712, 734] configured to detect a baseline electrophysiologic signal exhibited by the user [Sirois: ¶ 0025: “This recording technique can use at least two different electrodes (at least one “measurement” electrode, and at least one “reference” electrode). It is possible to have several measurement electrodes, located at different places on the skin”; ¶ 0027: “ muscular activity of the masseter muscle can be measured and used by a neural interface”; ¶ 0030: “ the differential signal between the measurement electrode and the reference electrode”],
a third electrode (306) [Sirois: ¶ 0025: “It is possible to have several measurement electrodes, located at different places on the skin”; ¶ 0031: “Besides the aforementioned “measurement” and “reference” electrodes, the system can include additional electrodes. For example, the system can include a “Bias” or “Driven Right Leg” electrode, used to cancel the common mode measured across the different channels. The system can also include a “Ground” electrode, used to establish a common ground between the electronics and the body of the subject”; ¶ 0060: “ In specific embodiments, one or more distinct elements of the gesture recognition system (e.g., two separate earbuds or earpieces) can include different numbers and configurations of electrodes…In embodiments in which there were more than two electrodes the third could be another measurement electrode, a driven-right-leg electrode, or a ground electrode. In a specific embodiment of the invention, a system could include two elements which each include three electrodes for a total of six”] positioned to physically contact a third anatomic location of the ear when the earbud is worn by the user [Sirois: Fig.2; ¶ 0028: “FIG. 2 also includes an illustration of the auricular anatomy 250 in a human body. In order to measure the bioelectric signal, the electrodes can be placed in contact with the subject's skin at any location within or near the ear. For example, in the ear canal 251, inferior concha 252, superior concha 253, ear lobe 254, tragus 255, etc., or around the ear 260. The electrodes can be on the surface of a wearable device, such as an earbud, so that the electrodes are in contact with the skin when the subject wears the device”; Fig.7; ¶ 0107: “The earbud 700 comprises two electrodes 701 and 702 located on an external surface of the earbud. In this example, the electrodes are located on the ear tip 703 of the earbud, which is to be placed in the ear canal when the earbud is worn. In this way, the electrodes will be located in the ear canal when worn”; ¶ 0109: “In the specific embodiments of the invention where the electrodes are located in the ear, they can be located in the ear canal, as explained with reference to earbud 700, in the inferior concha, the superior concha, the ear lobe, the tragus, etc., or anywhere else around the ear”], the third electrode (306) [Sirois: ¶ 0025: “It is possible to have several measurement electrodes, located at different places on the skin”; ¶ 0031: “Besides the aforementioned “measurement” and “reference” electrodes, the system can include additional electrodes. For example, the system can include a “Bias” or “Driven Right Leg” electrode, used to cancel the common mode measured across the different channels. The system can also include a “Ground” electrode, used to establish a common ground between the electronics and the body of the subject”; ¶ 0060: “ In specific embodiments, one or more distinct elements of the gesture recognition system (e.g., two separate earbuds or earpieces) can include different numbers and configurations of electrodes…In embodiments in which there were more than two electrodes the third could be another measurement electrode, a driven-right-leg electrode, or a ground electrode. In a specific embodiment of the invention, a system could include two elements which each include three electrodes for a total of six”] configured to detect common- mode signals across the first electrode (302) [Sirois: Fig.1: electrode 102] and the second electrode [Sirois: Fig.1: electrode 103; ¶ 0031: “used to cancel the common mode measured across the different channels”; ¶ 0059: “ The measurements can be conducted relative to a reference electrode. In specific embodiments, the multiple measurements can be analyzed to determine a common mode signal for the system (e.g., the multiple measurements can be summed and averaged). The multiple measurements can be conducted relative to a single reference electrode or more than one reference electrode. In specific embodiments, the system can be designed to generate an opposite of the common mode signal and feedback the signal into the body of the wearer to counteract the common mode signal. The measurement and generation of the common mode and opposite signals can be conducted continuously to improve the performance of the system. The signal used to cancel out the common mode signal could be fed back using an electrode which can be referred to as a driven-right-leg electrode”], and
a controller [Sirois: Fig1.: processing block 104 or 114] coupled to the first electrode (302), the second electrode (304), and the third electrode (306), the controller [Sirois: Fig.1; Examiner: As shown in Fig.1, the electrodes are connected to the processing block.] programmed to:
receive the first electrophysiologic signal, the baseline electrophysiologic signal, and the common-mode signals [Sirois: ¶ 0034: “The discretized and digitized signal can then be transmitted to the processing block of the system, such as processing block 104 of FIG. 1”; ¶ 0059: “The measurements can be conducted relative to a reference electrode. In specific embodiments, the multiple measurements can be analyzed to determine a common mode signal for the system (e.g., the multiple measurements can be summed and averaged). The multiple measurements can be conducted relative to a single reference electrode or more than one reference electrode. In specific embodiments, the system can be designed to generate an opposite of the common mode signal and feedback the signal into the body of the wearer to counteract the common mode signal. The measurement and generation of the common mode and opposite signals can be conducted continuously to improve the performance of the system. The signal used to cancel out the common mode signal could be fed back using an electrode which can be referred to as a driven-right-leg electrode”], and determine a gesture being performed by the user by comparing the first electrophysiologic signal to the baseline electrophysiologic signal [Sirois: ¶ 0030: “the differential signal between the measurement electrode and the reference electrode”; ¶ 0038: “The bioelectric signal can be analyzed in order to recognize a gesture signal in the bioelectric signal”]
an external device [Sirois: Fig.1: Personal User Device 120] communicably coupled to the earbud [Sirois: ¶ 0037: “ The system can communicate with the electronic devices either wirelessly, for example via Bluetooth, WiFi, etc., or via a wired connection”], the external device programmed to: receive the determined gesture from the controller of the earbud [Sirois: Fig.1: Analyze Signal 152; ¶ 0038: “ In specific embodiments of the invention, the system is configured to analyze the bioelectric signal measured by the electrodes, as indicated in step 152. The bioelectric signal can be analyzed in order to recognize a gesture signal in the bioelectric signal. The gesture signal can be a signal representative of a gesture performed by the wearer as comprised in the bioelectric signal measured by the electrodes. The gesture signal can be a signal associated to gestures involving the masseter muscle contraction, such as gestures involving the jaw clenching described above”], and perform an action in response to the determined gesture [Sirois: Fig.1: Generate Interface Signal; ¶ 0041: “In specific embodiments of the invention, the system is configured to generate an interface signal upon recognizing the gesture signal in the bioelectric signal, as indicated in step 153 of flowchart 150. The interface signal can alternatively or in combination be a feedback signal to notify the user that the gesture was recognized, a control signal for the wearable device or an associated device, or a training signal used to train an gesture recognition model for the gesture recognition system”; ¶ 0042: “The interface signal can be a feedback signal for the user that the gesture signal was recognized. The feedback can be in the form an auditory, visual or haptic feedback, such as a beep or hearable message, a message on a display, a vibration, etc... The user interface output can be located on the personal head wearable device itself. For example, the user interface output can be the speaker 106 of device 100. Alternatively, or in combination, the user interface output can be a vibrator or display on the wearable device. Alternatively, or in combination, the user interface output can be located on a device operating in conjunction with the personal head wearable device, such as personal user device 120. For example, the interface signal can be a representation of the gesture signal displayed on a display 128 or auditory message via speaker 126”; ¶ 0043: “The interface signal can not only be an explicit feedback that the gesture has been recognized but also a control signal for the system and/or other devices associated with the system. For example, the control signal can be used to perform certain actions or trigger certain events for devices associated with the system depending on the gesture performed by the user as recognized from the gesture signal. In this way, the interface signal can be used to control a play/pause function, a start/end call function, and the like. As a result, a system in accordance with specific embodiments of the invention can be used to control devices, including hands-free control”].
However, Sirois does not expressly disclose:
the controller (352) programmed to determine a gesture … by removing the common-mode signals (i.e., performing the common-mode removal within the controller. Sirois performs the removal in its analog front end [Sirois: ¶ 0059: “The signal used to cancel out the common mode signal could be fed back using an electrode which can be referred to as a driven-right-leg electrode”], not within the processing block).
Xu discloses:
a controller (352) [Xu: Figs.2-3: digital signal processor 30] programmed to derive the common-mode signal within the processor [Xu: ¶ 0057: “The digital outputs from the two active electrodes are added by adder 39 in order to derive a common mode signal”; ¶ 0062: “The common mode signal extraction is performed in the signal processor 30”] and remove it to extract the target biopotential [Xu: ¶ 0040: “ A subtractor 31 generates a difference signal that provides the output of the system”; ¶ 0061: “The common mode feedback signal CMFB is thus subtracted from the two electrode signals Il (for the reference active electrode 10) and 12 (for the signal active electrode 16)”; ¶ 0066: “the system can achieve a very high CMRR, for example, 100 dB”].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Sirois such that its controller (352) [Sirois: Fig.1: processing block 104] performs the common-mode removal, as taught by Xu, because Sirois already transmits the digitized channels to its processing block [Sirois: ¶ 0034: “] The discretized and digitized signal can then be transmitted to the processing block of the system, such as processing block 104 of FIG. 1”] and contemplates digital processing there [Sirois: ¶ 0035: “channels recombination, channels re-referencing”], so relocating the already-disclosed common-mode removal [Sirois: ¶ 0059: “The signal used to cancel out the common mode signal could be fed back using an electrode which can be referred to as a driven-right-leg electrode”] into that processor is a predictable use of Sirois’s existing signal path. The motivation is Sirois’s own goal of improved performance [Sirois: ¶ 0059: “conducted continuously to improve the performance of the system”], together with Xu’s teaching that doing so digitally is [Xu: ¶ 0013: “performed in the digital domain, which is generally more flexible and power/area efficient than in the analog domain”] and attains high common-mode rejection [Xu: ¶ 0066: “the system can achieve a very high CMRR, for example, 100 dB”]. Sirois and Xu are analogues are – both biopotential (EEG/ECG/EMG) acquisition systems addressing common-mode interference – and a POSITA would have had a reasonable expectation of success, yielding the predictable result of cleaner gesture signals.
Regarding claim 10:
The limitations of claim 10 have been addressed in the discussion of claim 2 above.
Regarding claim 12:
The limitations of claim 12 have been addressed in the discussion of claim 4 above.
Regarding claim 14:
The limitations of claim 14 have been addressed in the discussion of claim 5 above.
Regarding claim 17:
The limitations of claim 17 have been addressed in the discussion of claim 8 above.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Sirois; Alain et al., US 20220276723 A1] in view of [Xu; Jiawei et al., US 20150005585 A1] and further in view of [Kidmose; Preben et al., US 20220031217 A1].
Regarding claim 3:
Sirois in view of Xu discloses:
3. The earbud of claim 1.
However, Sirois in view of Xu does not expressly disclose:
wherein the first electrode (302), the second electrode (304), and the third electrode (306) comprise a size from about 5 mm to about 6 mm.
Kidmose discloses:
wherein the first electrode (302), the second electrode (304), and the third electrode (306) comprise a size from about 5 mm to about 6 mm [Kidmose: ¶ 0021: “The electrode has a base diameter D. In a preferred embodiment, the base diameter D is between 1.0 and 5.0 mm”].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have included the concept above of Kidmose in the invention of Sirois in view of Xu to yield the predictable result of providing a suitable size for the electrodes to measure the biosignals.
Regarding claim 11:
The limitations of claim 11 have been addressed in the discussion of claim 3 above.
Claim(s) 6-7 and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Sirois; Alain et al., US 20220276723 A1] in view of [Xu; Jiawei et al., US 20150005585 A1] and further in view of [Andersen; Mikael et al., US 20190282119 A1].
Regarding claim 6:
Sirois in view of Xu discloses:
6. The earbud of claim 1.
However, Sirois in view of Xu does not expressly disclose:
wherein the first anatomic location comprises a concha, the second anatomic location comprises a tragus, and the third anatomic location comprises a triangular fossa.
Andersen discloses:
wherein the first anatomic location comprises a concha [Andersen: Fig.1-2; ¶ 0042: “As shown in FIG. 2, the bendable arm 34 provides a concha part, which is adapted to follow the shape of a concha 12 of the ear 10. Thereby, the concha part of the bendable arm 34 fits closely to at least one protrusion of the concha 12 and exerts thereby a pressure such that at least one of the external ear electrodes 32 is pressed against the skin of the person when in use” ], the second anatomic location comprises a tragus [Andersen: ¶ 0053: “Furthermore, an electrode placement at Tragus is preferred since this area allows for extra pressure by adding additional material to the bendable arm”], and the third anatomic location comprises a triangular fossa [Andersen: ¶ 0052: “In another form, the external ear part can extend towards or into the helix, triangular fossa, crura of antihelix or Scapha region where an electrode may be arranged”].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have included the concept above of Andersen in the invention of Sirois in view of Xu to yield the predictable result of measuring biosignals at different locations of the ear.
Regarding claim 7:
Sirois in view of Xu discloses:
7. The earbud of claim 1.
However, Sirois in view of Xu does not expressly disclose:
wherein the first anatomic location comprises a concha, the second anatomic location comprises a triangular fossa, and the third anatomic location comprises a helix.
Andersen discloses:
wherein the first anatomic location comprises a concha [Andersen: Fig.1-2; ¶ 0042: “As shown in FIG. 2, the bendable arm 34 provides a concha part, which is adapted to follow the shape of a concha 12 of the ear 10. Thereby, the concha part of the bendable arm 34 fits closely to at least one protrusion of the concha 12 and exerts thereby a pressure such that at least one of the external ear electrodes 32 is pressed against the skin of the person when in use” ], the second anatomic location comprises a triangular fossa [Andersen: ¶ 0052: “In another form, the external ear part can extend towards or into the helix, triangular fossa, crura of antihelix or Scapha region where an electrode may be arranged”], and the third anatomic location comprises a helix [Andersen: ¶ 0052: “In another form, the external ear part can extend towards or into the helix, triangular fossa, crura of antihelix or Scapha region where an electrode may be arranged”].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have included the concept above of Andersen in the invention of Sirois in view of Xu to yield the predictable result of measuring biosignals at different locations of the ear.
Regarding claim 15:
The limitations of claim 15 have been addressed in the discussion of claim 6 above.
Regarding claim 16:
The limitations of claim 16 have been addressed in the discussion of claim 7 above.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Sirois; Alain et al., US 20220276723 A1] in view of [Xu; Jiawei et al., US 20150005585 A1] and further in view of [Pridie; Steven William, US 20200184735 A1].
Regarding claim 13:
Sirois in view of Xu discloses:
13. The system of claim 12.
However, Sirois in view of Xu does not expressly disclose:
wherein the action comprises at least one of changing a field of view of the virtual reality headset or changing a mode of the virtual reality headset.
Pridie discloses:
wherein the action comprises at least one of changing a field of view of the virtual reality headset or changing a mode of the virtual reality headset [Pridie: ¶ 0060: “ The mode change may alternatively involve a gesture (e.g., a hand gesture), such as mimicking tapping an object, tapping a finger and thumb together, a snap, or simply making a hand gesture (e.g. two finger's raised) and moving a hand from left to right. It may be a voice command, looking in a certain direction within an AR/VR headset, or utilizing an in-AR or in-VR menu system to select a mode change. Numerous activities could trigger a mode change, but regardless a mode change may be made by a user”].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have included the concept above of Pridie in the invention of Sirois in view of Xu to yield the predictable result of changing a mode of the VR headset.
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 1-6 and 9-15 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1--11 of U.S. Patent No. 12,008,163. As apparent from the claim comparison table below, although the claims at issue are not identical, they are not patentably distinct from each other because the pending claims would have been obvious over the patented claims, as shown in the claim comparison table below. The only difference between the pending independent claims and the the patent claims are:
The pending claims omit the gestural sensor and movement-data input required by the patent claims 1 and 6. Omitting the limitations makes the pending claims broader; the pending claims determine the gesture from the electrophysiologic comparison alone, which is a subset of the determination the patented claims already perform – “based on (i) a comparison … and (ii) the movement data.” A later, broader claim that drops a limitation of an earlier patented claim not patentably distinct from it.
“Removing the common-mode signals” versus determining “based on … the common mode signal.” Both claims detect the common-mode signal via the third electrode and use it in the gesture determination; removing the common-mode is the conventional, art-recognized use of a common-mode signal in biopotential measurements, and is therefore an obvious variant conferring no patentable distinction.
Generic versus specific anatomic locations. Independent claims 1 and 9 recite generic first, second, third anatomic locations, which read on, and are rendered obvious by, the patented species (concha, tragus and triangular fossa). Dependent claims 6 and 15 then recite that very species, which is expressly present in patented claims 1 and 6.
App. No. 19/210,010
Patent No. US 12,008,163 B1
1. (Currently Amended) An earbud comprising:
a first electrode positioned to physically contact a first anatomic location of an ear of a user when the earbud is worn by the user, the first electrode configured to detect a first electrophysiologic signal exhibited by the user;
a second electrode positioned to physically contact a second anatomic location of the ear when the earbud is worn by the user,
the second electrode configured to detect a baseline electrophysiologic signal exhibited by the user; a third electrode positioned to physically contact a third anatomic location of the ear when the earbud is worn by the user,
the third electrode configured to detect common-mode signals across the first electrode and the second electrode;
and a controller coupled to the first electrode, the second electrode, and the third electrode,
the controller programmed to:
receive the first electrophysiologic signal, the baseline electrophysiologic signal, and the common-mode signals,
determine a gesture being performed by the user by comparing the first electrophysiologic signal to the baseline electrophysiologic signal and removing the common-mode signals,
and transmit the determined gesture to an external device for control thereof.
2. The earbud of claim 1,
wherein the first electrophysiologic
3. The earbud of claim 1,
wherein the first electrode, the second electrode, and the third electrode comprise a size from about 5 mm to about 6 mm.
4. The earbud of claim 1,
wherein the external device comprises a virtual reality headset.
5. The earbud of claim 1,
wherein the first electrode, the second electrode, and the third electrode comprise at least one of an elastomer, silicone, a metal, a ceramic, a carbon nanotube material, composites thereof, or combinations thereof.
6. The earbud of claim 1,
wherein the first anatomic location comprises a concha, the second anatomic location comprises a tragus, and the third anatomic location comprises a triangular fossa.
9. (Currently Amended) A system comprising:
an earbud comprising:
a first electrode positioned to physically contact a first anatomic location of an ear of a user when the earbud is worn by the user, the first electrode configured to detect a first electrophysiologic signal exhibited by the user,
a second electrode positioned to physically contact a second anatomic location of the ear when the earbud is worn by the user, the second electrode configured to detect a baseline electrophysiologic signal exhibited by the user,
a third electrode positioned to physically contact a third anatomic location of the ear when the earbud is worn by the user, the third electrode configured to detect common- mode signals across the first electrode and the second electrode, and
a controller coupled to the first electrode, the second electrode, and the third electrode, the controller programmed to:
receive the first electrophysiologic signal, the baseline electrophysiologic signal, and the common-mode signals, the baseline electrophysiologic signal, and the common-mode signals, and determine a gesture being performed by the user by comparing the first electrophysiologic signal to the baseline electrophysiologic signal and removing the common-mode signals; and
an external device communicably coupled to the earbud, the external device programmed to:
receive the determined gesture from the controller of the earbud, and perform an action in response to the determined gesture.
10. The system of claim 9,
wherein the first signal and the baseline electrophysiologic signal comprise one or more of an of electrocardiogram (ECG), an electroencephalogram (EEG), or an electromyography (EMG).
11. The system of claim 9,
wherein the first electrode, the second electrode, and the third electrode comprise a size from about 5 mm to about 6 mm.
12. The system of claim 9,
wherein the external device comprises a virtual reality headset.
13. The system of claim 12,
wherein the action comprises at least one of changing a field of view of the virtual reality headset or changing a mode of the virtual reality headset.
14. The system of claim 9,
wherein the first electrode, the second electrode, and the third electrode comprise at least one of an elastomer, silicone, a metal, a ceramic, a carbon nanotube material, composites thereof, or combinations thereof.
15. The system of claim 9,
wherein the first anatomic location comprises a concha, the second anatomic location comprises a tragus, and the third anatomic location comprises a triangular fossa.
1. An earbud comprising:
a gestural sensor configured to detect movement data indicative of a gesture being performed by a user;
a first electrode positioned to physically contact a concha of an ear of the user when the earbud is worn by the user;
a second electrode positioned to physically contact a tragus of the ear when the earbud is worn by the user;
a third electrode positioned to physically contact a triangular fossa of the ear when the earbud is worn by the user;
and a controller coupled to the gestural sensor,
the first electrode, the second electrode, and the third electrode,
the controller programmed to:
receive an electrophysiologic measurement from each of the first electrode, the second electrode, and the third electrode, wherein a first electrophysiological measurement from the first electrode corresponds to an electrophysiological signal indicative of the
gesture being performed by the user, a second electrophysiological measurement from the second electrode corresponds to a baseline electrophysiological signal, and a third electrophysiological measurement from the third electrode corresponds to a common mode signal, determine the gesture being performed by the user based on (i) a comparison of the electrophysiological signal indicative of the gesture to the baseline electrophysiological signal and the common mode signal and (ii) the movement data from the gestural sensor,
and transmit the determined gesture to an external device for control thereof.
2. The earbud of claim 1,
wherein the electrophysiologic measurements are selected from the group consisting of, electrocardiogram (ECG), an electroencephalogram (EEG), or an electromyography (EMG).
3. The earbud of claim 1,
wherein each of the first electrode, the second electrode, and the third electrode comprise a size from about 5 mm to about 6 mm.
4. The earbud of claim 1,
wherein the external device comprises a virtual reality headset.
5. The earbud of claim 1,
wherein each of the first electrode, the second electrode, and the third electrode comprise at least one of an elastomer, silicone, a metal, a ceramic, a carbon nanotube material, composites thereof, or combinations thereof.
(These claim features have been incorporated into claim 1)
6. A system comprising:
an earbud comprising:
a gestural sensor configured to detect movement data indicative of a gesture being performed by a user,
a first electrode positioned to physically contact a concha of an ear of a user when the earbud is worn by the user,
a second electrode positioned to physically contact a tragus of the ear when the earbud is worn by the user,
a third electrode positioned to physically contact a triangular fossa of the ear when the earbud is worn by the user, and
a controller coupled to the gestural sensor,
the first electrode, the second electrode, and the third electrode, the controller programmed to:
receive an electrophysiologic measurement from each of the first electrode, the second electrode, and the third electrode, wherein a first electrophysiological measurement from the first electrode corresponds to an electrophysiological signal indicative of the gesture being performed by the user, a second electrophysiological measurement from the second electrode corresponds to a baseline electrophysiological signal, and a third electrophysiological measurement from the third electrode corresponds to a common mode signal, and
determine the gesture being performed by the user based on (i) a comparison of the electrophysiological signal indicative of the gesture to the baseline electrophysiological signal and the common mode signal and (ii) the movement data from the gestural sensor;
and an external device communicably coupled to the earbud, the external device programmed to:
receive the determined gesture from the controller of the earbud, and perform an action in response to the determined gesture.
7. The system of claim 6,
wherein the electrophysiologic measurements are selected from the group consisting of, electrocardiogram (ECG), an electroencephalogram (EEG), or an electromyography (EMG).
8. The system of claim 6,
wherein each of the first electrode, the second electrode, and the third electrode comprise a size from about 5 mm to about 6 mm.
9. The system of claim 6,
wherein the external device comprises a virtual reality headset.
10. The system of claim 9,
wherein the action comprises at least one of changing a field of view of the virtual reality headset or changing a mode of the virtual reality headset.
11. The system of claim 6,
wherein each of the first electrode, the second electrode, and the third electrode comprise at least one of an elastomer, silicone, a metal, a ceramic, a carbon nanotube material, composites thereof, or combinations thereof.
(These claim features have been incorporated into claim 6)
Claim comparison table 1
Accordingly, for at least the reasons above, pending claims 1-6 and 9-15 would have been obvious over patented claims 1-11 and are rejected under the doctrine of nonstatutory double patenting (MPEP § 804).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Inquiry
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/KOOSHA SHARIFI-TAFRESHI/Primary Examiner, Art Unit 2628
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