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 .
Response to Amendment
The Amendment filed September 30, 2025 has been entered. Claims 1-8, 10-11 and 13-25 remain pending in the application.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-6, 8, 10-11 and 18-25 are rejected under 35 U.S.C. 103 as being unpatentable over Namkoong et al. (US 2017/0296120 A1) (hereinafter – Namkoong) in view of Mendenhall et al. (US 2018/0064356 A1) (hereinafter – Mendenhall).
Regarding claim 1, Namkoong discloses A sensing system for analyzing body composition based on bioelectrical impedance analysis, the sensing system comprising (Abstract and entire document):
a ring body comprising a loop of an electrically insulative material, the loop having an inner surface and an outer surface (FIG. 3 and Para. [0105], “In the aforementioned description, the wrist-type body composition measuring apparatus 100 may be a wearable device, such as a smart watch or a smart band, which can be worn on a wrist of a user. However, the configuration included in the wrist-type body composition measuring apparatus 100 may be implemented as another wearable device that can be put on a different body part other than the wrist. For example, the wearable device may be implemented as a ring or a garment.” And para. [0056], “The strap 120 may be made of urethane, silicone, rubber, leather, and the like.”);
a first electrode supported on the inner surface of the ring body (FIG. 3-4 and para. [0057], “The first and second inner electrodes 131 and 132 may be disposed on the rear surface of the main body 110 to be in direct contact with a user's body.”);
a second electrode supported on the outer surface of the ring body (FIG. 3-4 and para. [0060], “The first and second outer electrodes 141 and 142 are disposed on the surface of the main body 110 to be in contact with a user during measurement of body composition, in which the first and second outer electrodes 141 and 142 are disposed close to each other to allow a user to contact both the first and second outer electrodes 141 and 142 with a finger.”);
the first and second electrodes being terminals for measurement of current and voltage (Para. [0055], “Upon applying an alternating current between electrodes that are in contact with the body, the measurer 111 measures a voltage between the electrodes to calculate the body impedance.” And para. [0063], “Once a user puts on the wrist-type body composition measuring apparatus 100 and touches the first and second outer electrodes 141 and 142 with a finger or a part of the palm, the measurer 111 applies an alternating current and measures a voltage to calculate body impedance, and the analyzer 112 analyzes body composition of the user by using the body impedance measured by the measurer 111.”); and
a controller configured to measure impedance based on a voltage-current ratio by making an alternating current flow between the first and second electrodes with a current generator, and to read a voltage difference between the first and second electrodes (FIG. 2, controller/measurer 111 and para. [0055] and para. [0063] and para. [0066], “Then, a sine wave alternating current is applied, and a voltage between the second outer electrode 142 and the second inner electrode 132 is measured, to calculate body impedance based on the applied current and the measured voltage.”).
Namkoong fails to disclose a ring body comprising a continuous closed loop;
the continuous closed loop ring body being sized to fit a human finger;
said first electrode encircling at least 50% of the ring body;
said second electrode encircling at least 50% of the ring body;
However, in the same field of endeavor, Mendenhall teaches a ring body comprising a continuous closed loop (FIG. 1-2 and para. [0043], “FIGS. 1 and 2 illustrate one exemplary wearable ring 10 according the disclosed technology. The ring 10 includes an annular frame or body 12 having an inner surface that faces the skin of the finger and an outer surface facing away from the finger, an inner electrode 14 on the inner surface, a palmar electrode 16 on the outer surface, a dorsal electrode 18 on the outer surface,”);
the continuous closed loop ring body being sized to fit a human finger (FIG. 1-2 and para. [0043], “FIGS. 1 and 2 illustrate one exemplary wearable ring 10 according the disclosed technology. The ring 10 includes an annular frame or body 12 having an inner surface that faces the skin of the finger and an outer surface facing away from the finger,);
said first electrode encircling at least 50% of the ring body (FIG. 1-2 and para. [0043], “FIGS. 1 and 2 illustrate one exemplary wearable ring 10 according the disclosed technology. The ring 10 includes an annular frame or body 12 having an inner surface that faces the skin of the finger and an outer surface facing away from the finger, an inner electrode 14 on the inner surface, a palmar electrode 16 on the outer surface, a dorsal electrode 18 on the outer surface,” As shown in FIG. 1, the inner electrode encircles the entire ring body as understood by the figure.);
said second electrode encircling at least 50% of the ring body (FIG. 1-2 and para. [0043], “FIGS. 1 and 2 illustrate one exemplary wearable ring 10 according the disclosed technology. The ring 10 includes an annular frame or body 12 having an inner surface that faces the skin of the finger and an outer surface facing away from the finger, an inner electrode 14 on the inner surface, a palmar electrode 16 on the outer surface, a dorsal electrode 18 on the outer surface,” As shown in FIG. 1, the outer electrode encircles around half of the ring body. See also FIG. 11, the outer electrodes encircle most of the ring body.);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the system as taught by Namkoong to include a ring body comprising a continuous closed loop; the closed loop ring body being sized to fit a human finger; said first electrode encircling at least 50% of the ring body; said second electrode encircling at least 50% of the ring body as taught by Mendenhall in order to measure continuously measure (Para. [0008], “Such sensors can be adapted to continuously monitor the wearer's cardiovascular status while the wearer is wearing the device to detect or predict cardiac arrhythmia or other cardiac abnormalities in the wearer.”).
Furthermore, it would have been an obvious matter of design choice to modify the Namkoong/Mendenhall combination to include a sizing of electrodes to span more than half of the respective surfaces since applicant has not disclosed that this limitation solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs. Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Absent a teaching as to criticality that the inner and outer electrodes span more than half of the respective surfaces this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement.
Regarding claim 2, Namkoong as modified teaches The sensing system of claim 1, Namkoong further discloses wherein the controller comprises: an impedance measuring circuit (FIG. 2, controller/measurer 111 and para. [0055] and para. [0063] and para. [0066], “Then, a sine wave alternating current is applied, and a voltage between the second outer electrode 142 and the second inner electrode 132 is measured, to calculate body impedance based on the applied current and the measured voltage.”);
a microprocessor for processing data received from the impedance measuring circuit (Para. [0100], “The analyzer 112 and the ECG signal analyzer 114 may each include an additional circuit for processing the signals transmitted from the measurer 111 and the ECG signal measurement circuit 113, or may be implemented as a software program and a processor to execute the program which converts the received signal into digital information and processes a resulting converted digital signal.”);
an amplifier and A/D converter for interfacing the impedance measuring circuit to a microprocessor (Para. [0100], “The analyzer 112 and the ECG signal analyzer 114 may each include an additional circuit for processing the signals transmitted from the measurer 111 and the ECG signal measurement circuit 113, or may be implemented as a software program and a processor to execute the program which converts the received signal into digital information and processes a resulting converted digital signal.”).
Regarding claim 3, Namkoong as modified teaches The sensing system of claim 2, Namkoong further discloses wherein the controller, the amplifier and the microprocessor are supported on the ring body (FIG. 2 and para. [0105], “The wearable device may include the first inner electrode 131, the second inner electrode 132, the first outer electrode 141, the second outer electrode 142, the bio-signal sensor 150, the measurer 111, and the analyzer 112, which are all described above.”).
Regarding claim 4, Namkoong as modified teaches The sensing system of claim 2, Namkoong further discloses wherein the controller, the amplifier and the microprocessor are housed within the ring body (FIG. 2 and para. [0105], “The wearable device may include the first inner electrode 131, the second inner electrode 132, the first outer electrode 141, the second outer electrode 142, the bio-signal sensor 150, the measurer 111, and the analyzer 112, which are all described above.”).
Regarding claim 5, Namkoong as modified teaches The sensing system of claim 2, Namkoong further discloses wherein the controller further comprises wireless communication circuitry, and wherein the wireless communication circuitry is configured to communication via wireless communication with a wireless communication device (Para. [0101], “Further, although not illustrated herein, the main body 110 may include a wireless communicator. The wireless communicator may include a Bluetooth module, a Radio Frequency (RF) module, and the like. The wireless communicator may transmit body composition information, analyzed by the analyzer 112, to a smartphone and the like, thus enabling a user to check and manage the body composition information on their smartphone or the like.”).
Regarding claim 6, Namkoong as modified teaches The sensing system of claim 2, Namkoong further discloses wherein the wireless communication device is a smartphone (Para. [0101], “Further, although not illustrated herein, the main body 110 may include a wireless communicator. The wireless communicator may include a Bluetooth module, a Radio Frequency (RF) module, and the like. The wireless communicator may transmit body composition information, analyzed by the analyzer 112, to a smartphone and the like, thus enabling a user to check and manage the body composition information on their smartphone or the like.”).
Regarding claim 8, Namkoong as modified teaches The sensing system of claim 1, Namkoong further discloses further comprising a display fixed to the ring body, the display being operatively connected to the controller for displaying data relating to measured impedance (FIG. 3, “display 115”).
Regarding claim 10, Namkoong as modified teaches The sensing system of claim 1, Namkoong further discloses wherein the ring body is formed of elastic material permitting the ring body to expand by stretching of the elastic material (Para. [0056], “The strap 120 may be made of urethane, silicone, rubber, leather, and the like.”).
Regarding claim 11, Namkoong as modified teaches The sensing system of claim 1, Namkoong further discloses wherein the ring body is formed of elastic silicone material (Para. [0056], “The strap 120 may be made of urethane, silicone, rubber, leather, and the like.”).
Regarding claim 18, Namkoong discloses A sensing system for analyzing body composition based on bioelectrical impedance analysis, the sensing system comprising (Abstract and entire document):
a ring body comprising an electrically insulative and elastic material, the closed loop having an inner surface and an outer surface (FIG. 3 and Para. [0105], “In the aforementioned description, the wrist-type body composition measuring apparatus 100 may be a wearable device, such as a smart watch or a smart band, which can be worn on a wrist of a user. However, the configuration included in the wrist-type body composition measuring apparatus 100 may be implemented as another wearable device that can be put on a different body part other than the wrist. For example, the wearable device may be implemented as a ring or a garment.” And para. [0056], “The strap 120 may be made of urethane, silicone, rubber, leather, and the like.”);
a first pair of inelastic conductive electrodes, each electrode of the first pair of conductive electrodes being supported on the inner surface of the ring body (FIG. 3-4 and para. [0057], “The first and second inner electrodes 131 and 132 may be disposed on the rear surface of the main body 110 to be in direct contact with a user's body.”);
a second pair of inelastic conductive electrodes, each electrode of the second pair of conductive electrodes being supported on the outer surface of the ring body (FIG. 3-4 and para. [0060], “The first and second outer electrodes 141 and 142 are disposed on the surface of the main body 110 to be in contact with a user during measurement of body composition, in which the first and second outer electrodes 141 and 142 are disposed close to each other to allow a user to contact both the first and second outer electrodes 141 and 142 with a finger.”);
one of the first and second pairs of inelastic conductive electrodes being voltage electrodes and another of the first and second pairs of inelastic conductive electrodes being current electrodes (Para. [0055], “Upon applying an alternating current between electrodes that are in contact with the body, the measurer 111 measures a voltage between the electrodes to calculate the body impedance.” And para. [0063], “Once a user puts on the wrist-type body composition measuring apparatus 100 and touches the first and second outer electrodes 141 and 142 with a finger or a part of the palm, the measurer 111 applies an alternating current and measures a voltage to calculate body impedance, and the analyzer 112 analyzes body composition of the user by using the body impedance measured by the measurer 111.”);
a controller comprising an impedance measuring circuit for measuring impedance based on a voltage-current ratio by making an alternating current flow between two of the first and second pairs of electrodes with a current generator, and for reading a voltage difference between the two of the first and second pairs of electrodes (FIG. 2, controller/measurer 111 and para. [0055] and para. [0063] and para. [0066], “Then, a sine wave alternating current is applied, and a voltage between the second outer electrode 142 and the second inner electrode 132 is measured, to calculate body impedance based on the applied current and the measured voltage.”).
Namkoong fails to disclose a ring body comprising a closed loop;
wherein at least a portion of the closed loop of the ring body is not fixed to either of said first pair of inelastic conductive electrodes and said second pair of inelastic conductive electrodes to permit said portion of said elastic closed loop to stretch while said inelastic conductive electrodes do not stretch.
However, in the same field of endeavor, Mendenhall teaches a ring body comprising a continuous closed loop (FIG. 1-2 and para. [0043], “FIGS. 1 and 2 illustrate one exemplary wearable ring 10 according the disclosed technology. The ring 10 includes an annular frame or body 12 having an inner surface that faces the skin of the finger and an outer surface facing away from the finger, an inner electrode 14 on the inner surface, a palmar electrode 16 on the outer surface, a dorsal electrode 18 on the outer surface,”);
wherein at least a portion of the closed loop of the ring body is not fixed to either of said first pair of inelastic conductive electrodes and said second pair of inelastic conductive electrodes to permit said portion of said elastic closed loop to stretch while said inelastic conductive electrodes do not stretch (FIG. 1-2 and para. [0043], “FIGS. 1 and 2 illustrate one exemplary wearable ring 10 according the disclosed technology. The ring 10 includes an annular frame or body 12 having an inner surface that faces the skin of the finger and an outer surface facing away from the finger, an inner electrode 14 on the inner surface, a palmar electrode 16 on the outer surface, a dorsal electrode 18 on the outer surface,” As shown in FIG. 1, the outer and inner electrode encircles the entire ring body. See also FIG. 11, the outer electrodes encircle most of the ring body. See also para. [0051] describing materials used that are flexible.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the system as taught by Namkoong to include a ring body comprising a continuous closed loop; wherein at least a portion of the closed loop of the ring body is not fixed to either of said first pair of inelastic conductive electrodes and said second pair of inelastic conductive electrodes to permit said portion of said elastic closed loop to stretch while said inelastic conductive electrodes do not stretch as taught by Mendenhall in order to measure continuously measure (Para. [0008], “Such sensors can be adapted to continuously monitor the wearer's cardiovascular status while the wearer is wearing the device to detect or predict cardiac arrhythmia or other cardiac abnormalities in the wearer.”).
Regarding claim 19, Namkoong as modified teaches The sensing system of claim 18, Namkoong further discloses wherein the controller comprises: a microprocessor for processing data received from the impedance measuring circuit (Para. [0100], “The analyzer 112 and the ECG signal analyzer 114 may each include an additional circuit for processing the signals transmitted from the measurer 111 and the ECG signal measurement circuit 113, or may be implemented as a software program and a processor to execute the program which converts the received signal into digital information and processes a resulting converted digital signal.”);
an amplifier and A/D converter for interfacing the impedance measuring circuit to the microprocessor (Para. [0100], “The analyzer 112 and the ECG signal analyzer 114 may each include an additional circuit for processing the signals transmitted from the measurer 111 and the ECG signal measurement circuit 113, or may be implemented as a software program and a processor to execute the program which converts the received signal into digital information and processes a resulting converted digital signal.”); and
a display unit for displaying the results processed by the microprocessor (FIG. 3, “display 115”).
Regarding claim 20, Namkoong as modified teaches The sensing system of claim 19, Namkoong further discloses wherein the controller, the amplifier and the microprocessor are supported on the ring body (FIG. 2 and para. [0105], “The wearable device may include the first inner electrode 131, the second inner electrode 132, the first outer electrode 141, the second outer electrode 142, the bio-signal sensor 150, the measurer 111, and the analyzer 112, which are all described above.”).
Regarding claim 21, Namkoong as modified teaches The sensing system of claim 19, Namkoong further discloses wherein the controller, the amplifier and the microprocessor are housed within the ring body (FIG. 2 and para. [0105], “The wearable device may include the first inner electrode 131, the second inner electrode 132, the first outer electrode 141, the second outer electrode 142, the bio-signal sensor 150, the measurer 111, and the analyzer 112, which are all described above.”).
Regarding claim 22, Namkoong as modified teaches The sensing system of claim 18, Namkoong fails explicitly to disclose wherein the electrodes of the first pair of inelastic conductive electrodes span at least 50% of the interior surface of the ring body.
However, Namkoong teaches wherein the electrodes of the first pair of inelastic conductive electrodes span at least 50% of the interior surface of the ring body (Para. [0024], “According to an aspect of an exemplary embodiment there is provided a wearable device comprising a first inner electrode and a second inner electrode electrically isolated from each other to be in direct contact with a user of the wearable device and a first outer electrode and a second outer electrode electrically isolated from each other and sized and arranged to be simultaneously touchable by a single finger of the user such that, when touched, the first outer electrode and the first inner electrode form a closed circuit through the user and the second outer electrode and the second inner electrode form a closed circuit through the user.” The spacing and sizing is an engineering design choice.).
Furthermore, it would have been an obvious matter of design choice to modify Namkoong to include a sizing of electrodes since applicant has not disclosed that this limitation solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs. Absent a teaching as to criticality that the sizing be greater than 50 percent this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement.
Regarding claim 23, Namkoong as modified teaches The sensing system of claim 18, Namkoong further discloses wherein ends of the electrodes of the first pair of inelastic electrodes are spaced from one another about a periphery of the ring body to define a limited elastic deformation zone between the ends of the electrodes (FIG. 2, between the electrodes in the elastic strap).
Regarding claim 24, Namkoong as modified teaches The sensing system of claim 18, Namkoong fails explicitly to disclose wherein the electrodes of the first pair of inelastic conductive electrodes span no more than 20% of the interior surface of the ring body.
However, Namkoong teaches wherein the electrodes of the first pair of inelastic conductive electrodes span no more than 20% of the interior surface of the ring body (Para. [0024], “According to an aspect of an exemplary embodiment there is provided a wearable device comprising a first inner electrode and a second inner electrode electrically isolated from each other to be in direct contact with a user of the wearable device and a first outer electrode and a second outer electrode electrically isolated from each other and sized and arranged to be simultaneously touchable by a single finger of the user such that, when touched, the first outer electrode and the first inner electrode form a closed circuit through the user and the second outer electrode and the second inner electrode form a closed circuit through the user.” The spacing and sizing is an engineering design choice.).
Furthermore, it would have been an obvious matter of design choice to modify Namkoong to include a sizing of electrodes since applicant has not disclosed that this limitation solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs. Absent a teaching as to criticality that the sizing be less than 20 percent this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement.
Regarding claim 25, Namkoong as modified teaches The sensing system of claim 18, Namkoong fails explicitly to disclose wherein the electrodes of the first pair of inelastic conductive electrodes are positioned between 60 degrees and 120 degrees apart from one another about a periphery of the ring body.
However, Namkoong teaches wherein the electrodes of the first pair of inelastic conductive electrodes are positioned between 60 degrees and 120 degrees apart from one another about a periphery of the ring body (Para. [0024], “According to an aspect of an exemplary embodiment there is provided a wearable device comprising a first inner electrode and a second inner electrode electrically isolated from each other to be in direct contact with a user of the wearable device and a first outer electrode and a second outer electrode electrically isolated from each other and sized and arranged to be simultaneously touchable by a single finger of the user such that, when touched, the first outer electrode and the first inner electrode form a closed circuit through the user and the second outer electrode and the second inner electrode form a closed circuit through the user.” The placement is an engineering design choice.).
Furthermore, it would have been an obvious matter of design choice to modify Namkoong to include a positioning of electrodes since applicant has not disclosed that this limitation solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs. Absent a teaching as to criticality that the arrangement be at an angle this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement.
Claims 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Namkoong et al. (US 2017/0296120 A1) (hereinafter – Namkoong) in view of Lusted (US 10709339 B1) (hereinafter – Lusted).
Regarding claim 13, Namkoong discloses A sensing system for analyzing body composition based on bioelectrical impedance analysis, the sensing system comprising (Abstract and entire document):
a ring body comprising: an outer ring body comprising at least a partial loop of an electrically insulative material, the partial loop having an inner surface and an outer surface, the outer ring body defining internal cavities (FIG. 3 and Para. [0105], “In the aforementioned description, the wrist-type body composition measuring apparatus 100 may be a wearable device, such as a smart watch or a smart band, which can be worn on a wrist of a user. However, the configuration included in the wrist-type body composition measuring apparatus 100 may be implemented as another wearable device that can be put on a different body part other than the wrist. For example, the wearable device may be implemented as a ring or a garment.” And para. [0056], “The strap 120 may be made of urethane, silicone, rubber, leather, and the like.”); and
the first and second electrodes being terminals for measurement of current and voltage (Para. [0066], “Then, a sine wave alternating current is applied, and a voltage between the second outer electrode 142 and the second inner electrode 132 is measured, to calculate body impedance based on the applied current and the measured voltage.” And Para. [0100], “The analyzer 112 and the ECG signal analyzer 114 may each include an additional circuit for processing the signals transmitted from the measurer 111 and the ECG signal measurement circuit 113, or may be implemented as a software program and a processor to execute the program which converts the received signal into digital information and processes a resulting converted digital signal.”); and
a controller comprising electronic components operatively connected by the flexible circuit board substrate, the controller being configured to measure impedance based on a voltage-current ratio by making an alternating current flow between the first and second electrodes with a current generator, and to read a voltage difference between the first and second electrodes (Para. [0066], “Then, a sine wave alternating current is applied, and a voltage between the second outer electrode 142 and the second inner electrode 132 is measured, to calculate body impedance based on the applied current and the measured voltage.” And Para. [0100], “The analyzer 112 and the ECG signal analyzer 114 may each include an additional circuit for processing the signals transmitted from the measurer 111 and the ECG signal measurement circuit 113, or may be implemented as a software program and a processor to execute the program which converts the received signal into digital information and processes a resulting converted digital signal.”),
Namkoong fails to disclose a flexible circuit board substrate having an outer surface facing the outer ring body and an inner surface opposite the outer surface of the flexible circuit board substrate;
a first electrode supported adjacent the inner surface of the outer ring body in electrical communication with the inner surface of the flexible circuit board substrate;
a second electrode supported adjacent the outer surface of the outer ring body in electrical communication with the outer surface of the flexible circuit board substrate;
at least one of said electronic components being disposed in said internal cavities and encapsulated by the elastic material of said outer ring body to house said at least one of said electronic components in a moisture-protected enclosure.
However, in the same field of endeavor, Lusted teaches a flexible circuit board substrate having an outer surface facing the outer ring body and an inner surface opposite the outer surface of the flexible circuit board substrate (FIG. 6A-6C, col. 7 lines 7 – 28, “flex board 20a”);
a first electrode supported adjacent the inner surface of the outer ring body in electrical communication with the inner surface of the flexible circuit board substrate (FIG. 6A-6C, col. 7 lines 7 – 28, “The BLE may also be on the flex board 20a (as detailed in FIG. 6 showing BLE processor 40). Also, separate pairs of ECG electrodes (106a, 106b) and EDA electrodes (108a, 108b) are shown straddling opposite sides of PPG module 22 on the bottom interior sensing surface 110a of the aperture of the ring 100 (is generally of the shape of the flexible board substrate 112). This is distinct from the configuration of FIG. 1 and FIG. 2 which show the EDA and ECG sharing the electrodes. On the opposite side of the flex board 20a (in between circuit component chips 122), a third ECG electrode 120 (which in one configuration comprises a gold-plated copper block) is positioned so that it has a free sensing surface 110b that protrudes through the shell of the ring enclosure 102 (not shown) to allow for contact with a contralateral side of the body.”);
a second electrode supported adjacent the outer surface of the outer ring body in electrical communication with the outer surface of the flexible circuit board substrate (FIG. 6A-6C, col. 7 lines 7 – 28, “The BLE may also be on the flex board 20a (as detailed in FIG. 6 showing BLE processor 40). Also, separate pairs of ECG electrodes (106a, 106b) and EDA electrodes (108a, 108b) are shown straddling opposite sides of PPG module 22 on the bottom interior sensing surface 110a of the aperture of the ring 100 (is generally of the shape of the flexible board substrate 112). This is distinct from the configuration of FIG. 1 and FIG. 2 which show the EDA and ECG sharing the electrodes. On the opposite side of the flex board 20a (in between circuit component chips 122), a third ECG electrode 120 (which in one configuration comprises a gold-plated copper block) is positioned so that it has a free sensing surface 110b that protrudes through the shell of the ring enclosure 102 (not shown) to allow for contact with a contralateral side of the body.”);
at least one of said electronic components being disposed in said internal cavities and encapsulated by said ring body to house said at least one of said electronic components in a moisture-protected enclosure (See at least FIG. 2 showing “flexible circuit board 20” inside of the ring housing 12.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the system as taught by Namkoong to include a flexible circuit board substrate having an outer surface facing the outer ring body and an inner surface opposing its outer surface; a first electrode supported adjacent the inner surface of the outer ring body in electrical communication with the inner surface of the flexible circuit board substrate; a second electrode supported adjacent the outer surface of the outer ring body in electrically communication with an outer surface of the flexible circuit board substrate; at least one of said electronic components being disposed in said internal cavities and encapsulated by said ring body to house said at least one of said electronic components in a moisture-protected enclosure as taught by Lusted in order to fit multiple sizes and maintain proper contact (Summary, “In contrast to the above, the present disclosure describes a ring form factor with electronic provisions that allow for continuous monitoring of blood pressure, related SNS activity, and accommodation for different ring sizes. To produce quality biometric data, the biometric sensors must maintain proper skin contact on the finger. Toward that objective the present disclosure describes a sensor circuit that can fit within different sized rings, so that sensors are retained with proper skin contact and pressure.”).
Regarding claim 14, Namkoong as modified teaches The sensing system of claim 13, Namkoong further discloses wherein the controller comprises a sine wave generator, a current source, and an analog front end (Para. [0066], “Then, a sine wave alternating current is applied, and a voltage between the second outer electrode 142 and the second inner electrode 132 is measured, to calculate body impedance based on the applied current and the measured voltage.” And Para. [0100], “The analyzer 112 and the ECG signal analyzer 114 may each include an additional circuit for processing the signals transmitted from the measurer 111 and the ECG signal measurement circuit 113, or may be implemented as a software program and a processor to execute the program which converts the received signal into digital information and processes a resulting converted digital signal.”).
Regarding claim 15, Namkoong as modified teaches The sensing system of claim 14, Namkoong further discloses wherein the controller further comprises an analog to digital converter and a central processing unit (Para. [0100], “The analyzer 112 and the ECG signal analyzer 114 may each include an additional circuit for processing the signals transmitted from the measurer 111 and the ECG signal measurement circuit 113, or may be implemented as a software program and a processor to execute the program which converts the received signal into digital information and processes a resulting converted digital signal.”).
Regarding claim 16, Namkoong as modified teaches The sensing system of claim 15, Namkoong further discloses wherein the controller further comprises a wireless communication module for communicating data via wireless transmission to a wireless communication device (Para. [0101], “Further, although not illustrated herein, the main body 110 may include a wireless communicator. The wireless communicator may include a Bluetooth module, a Radio Frequency (RF) module, and the like. The wireless communicator may transmit body composition information, analyzed by the analyzer 112, to a smartphone and the like, thus enabling a user to check and manage the body composition information on their smartphone or the like.”).
Regarding claim 17, Namkoong as modified teaches The sensing system of claim 16, Namkoong further discloses wherein the wireless communication device comprises a smartphone, and wherein the smartphone comprises application software for performing body impedance analysis calculations based on measured voltage and current sensed via the first and second electrodes (Para. [0101], “Further, although not illustrated herein, the main body 110 may include a wireless communicator. The wireless communicator may include a Bluetooth module, a Radio Frequency (RF) module, and the like. The wireless communicator may transmit body composition information, analyzed by the analyzer 112, to a smartphone and the like, thus enabling a user to check and manage the body composition information on their smartphone or the like.”).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Namkoong et al. (US 2017/0296120 A1) (hereinafter – Namkoong) in view of Mendenhall et al. (US 2018/0064356 A1) (hereinafter – Mendenhall) in further view of Lusted (US 10709339 B1) (hereinafter – Lusted).
Regarding claim 7, Namkoong as modified teaches The sensing system of claim 1, Namkoong further discloses wherein the ring body comprises: an outer ring body constructed of an electrically insulative material, the first electrode being supported on the outer surface of the outer ring body (FIG. 3-4 and para. [0060], “The first and second outer electrodes 141 and 142 are disposed on the surface of the main body 110 to be in contact with a user during measurement of body composition, in which the first and second outer electrodes 141 and 142 are disposed close to each other to allow a user to contact both the first and second outer electrodes 141 and 142 with a finger.” And para. [0056], “The strap 120 may be made of urethane, silicone, rubber, leather, and the like.”); and
Namkoong as modified fails to disclose a flexible circuit board substrate supporting operatively interconnected electronic components of the controller, the flexible circuit board having an outer surface facing the outer ring body and an inner surface opposing its outer surface, the second electrode being supported on the inner surface of the flexible printed circuit board.
However, in the same field of endeavor, Lusted teaches a flexible circuit board substrate supporting operatively interconnected electronic components of the controller, the flexible circuit board having an outer surface facing the outer ring body and an inner surface opposing its outer surface, the second electrode being supported on the inner surface of the flexible printed circuit board (FIG. 6A-6C, col. 7 lines 7 – 28, “flex board 20a”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the system as taught by Namkoong as modified to include a flexible circuit board substrate supporting operatively interconnected electronic components of the controller, the flexible circuit board having an outer surface facing the outer ring body and an inner surface opposing its outer surface, the second electrode being supported on the inner surface of the flexible printed circuit board as taught by Lusted in order to fit multiple sizes and maintain proper contact (Summary, “In contrast to the above, the present disclosure describes a ring form factor with electronic provisions that allow for continuous monitoring of blood pressure, related SNS activity, and accommodation for different ring sizes. To produce quality biometric data, the biometric sensors must maintain proper skin contact on the finger. Toward that objective the present disclosure describes a sensor circuit that can fit within different sized rings, so that sensors are retained with proper skin contact and pressure.”).
Response to Arguments
Applicant's arguments filed September 30, 2025 have been fully considered but they are not persuasive. The arguments regarding Namkoong failing to disclose a continuous closed loop are not persuasive. The non-final rejection recognizes that Namkoong fails to explicitly disclose the loop as continuous. Namkoong is modified with Mendenhall to disclose this feature. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F .2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, in order to measure continuously measure (Para. [0008], “Such sensors can be adapted to continuously monitor the wearer's cardiovascular status while the wearer is wearing the device to detect or predict cardiac arrhythmia or other cardiac abnormalities in the wearer.”). Applicant argues that changing the strap would render the device inoperable. Changing the band connection type would not change the operation of the device or the sensors in the device, but rather design features. Additionally, there is motivation to do so as discussed above. Thus, the arguments are not persuasive.
Further, the Applicant states that the modification would render the Namkoong device inoperable for its intended purpose and cites to [0056] of Namkoong which recites, “The strap 120 may be flexible enough to be wrapped around a user's wrist or may be unwrapped from the wrist, thereby enabling a user to put on or take off the wrist-type body composition measuring apparatus 100.” Which is instead reciting that the strap could be a flexible loop, continuous such that it can be stretched to take off the loop, or it would be a two piece such that it would be unwrapped. This disclosure is not stating that the sensors and straps would then be inoperable. Thus, the arguments are not persuasive.
With respect to the arguments regarding Namkoong and Mendenhall failing to disclose "the inner electrode encircles at least 50 percent of the ring body". The rejection states, " it would have been an obvious matter of design choice to modify the Namkoong/Mendenhall combination to include a sizing of electrodes to span more than half of the respective surfaces since applicant has not disclosed that this limitation solves any stated problem or is for any particular purpose and it appears that the device would perform equally well with either designs. Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Absent a teaching as to criticality that the inner and outer electrodes span more than half of the respective surfaces this particular arrangement is deemed to have been known by those skilled in the art since the instant specification and evidence of record fail to attribute any significance (novel or unexpected results) to a particular arrangement." The arguments state that the present application provides benefits to these sizing of electrodes, however, it is merely a design choice having limited number of trials to modify the electrodes to a particular sizing. The cited paragraphs reciting benefits of the present application have no relation to the sizing of the electrodes. The cited paragraph [00038] are in reference to the ring body being elastic such that the ring body encircles and mates with the finger, thus the discussed “robust and reliable contact” are not in relation to the size of the electrodes. The paragraphs stating the sizing of electrodes actually recite, “Preferably, the electrodes span at least 50%, at least 60%, at least 70%, at least 80%, or at least 90% of the interior or exterior surface of the ring.” Given multiple sizes for the electrodes, and not discussing any significance of any such sizing. Modifying Namkoong and Mendenhall by adjusting the sizing of the electrodes does not provide an inventive concept, it is merely discovering the optimal sizing. Thus, the argument is not persuasive.
With respect to the arguments regarding claims 2-8, 10 and 11, the arguments are moot.
With respect to the arguments regarding claim 13, Lusted teaches enclosing at least some of the electronics within the housing. FIG. 1-2 clearly show at least some of the electronics are within a housing of the ring, enclosed. The flexible circuit board is clearly in the housing, as cited above in the rejection. Further, enclosing some electrical components within a housing would not change any operation of a device. Thus, the arguments are not persuasive. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, in order to fit multiple sizes and maintain proper contact (Summary, “In contrast to the above, the present disclosure describes a ring form factor with electronic provisions that allow for continuous monitoring of blood pressure, related SNS activity, and accommodation for different ring sizes. To produce quality biometric data, the biometric sensors must maintain proper skin contact on the finger. Toward that objective the present disclosure describes a sensor circuit that can fit within different sized rings, so that sensors are retained with proper skin contact and pressure.”).
With respect to the arguments regarding claims 14-17, the arguments are moot.
With respect to the arguments regarding claims 18-21 and 23, the arguments are not persuasive. The arguments regarding the continuous closed loop are the same as claim 1 and thus are not addressed separately. With respect to the arguments stating that Namkoong and Mendenhall fail to disclose the portion of the ring body stretching, the arguments are not persuasive. Mendenhall [0051] recites, "The bracelet 60 comprises an annular frame or body 62 (e.g., TPU, hypoallergenic rubber, or other flexible material)" thus the arguments are not persuasive.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A TOMBERS whose telephone number is (571)272-6851. The examiner can normally be reached on M-TH 7:00-16:00, F 7:00-11:00(Eastern).
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