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 Arguments
Applicant’s argument on Page 7 regarding the objections to Claims 1, 8, 11, and 17 has been fully considered. The objections to Claims 1, 11, and 17 are withdrawn in view of the amendment. Claim 8 still raises issues with the recited limitations, see below.
Applicant’s argument on Page 8 regarding the rejection of Claims 22-23 under 35 U.S.C. 112(a) has been fully considered. The rejection of Claims 22-23 under 35 U.S.C. 112(a) is withdrawn in view of the amendment.
The rejections of Claims 1, 5, 7-8, 10, and 22 under 35 U.S.C. 103 over Wang in view of Dan, Yu, Lee, and Matthews, Claims 2-4 and 21 under 35 U.S.C. 103 over Wang in view of Dan, Yu, Lee, and Matthews further in view of Matsuo, Claim 6 under 35 U.S.C. 103 over Wang in view of Dan, Yu, Lee, and Matthews further in view of Choi, Claims 11, 15-16, and 23 under 35 U.S.C. 103 over Wang in view of Dan, Yu, Matsuo, and Lee, Claim 14 under 35 U.S.C. 103 over Wang in view of Dan, Yu, Matsuo, and Lee, further in view of Matthews and Choi, Claims 17 and 20 under 35 U.S.C. 103 over Wang in view of Dan and Lee, Claim 18 under 35 U.S.C. 103 over Wang in view of Dan and Lee further in view of Matsuo are withdrawn in view of the amendments and arguments.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 8 and 10 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 8 recites that the passive radiation layer is made of a porous polymer, the porous polymer is provided with a plurality of pores scattering light, such that the porous polymer has a white color, all of which has already been established in Claim 1 Lines 14-15. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claims not explicitly addressed above are rejected as depending from a rejected claim and failing to cure deficiencies of the parent claim.
Allowable Subject Matter
Claims 1-7, 11, 14-18, and 20-21 are allowed.
Claims 8 and 10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(d) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Wang is cited for teaching a patch-type wearable device, (Abstract and III. Results and Discussion, D. Simultaneous Measurement of HR, SpO2, and Sweat pH by the Sensor Patch), comprising: a circuit layer, (II. Material and Methods, A. Optical Sensing Patch System Fabrication), including a light emitting element, (II. Material and Methods, C. Optical Detection of HR, SpO2, and Sweat pH), and a light receiving element (Fig. 1(d) “Photodiode”); a wireless communication module mounted on the circuit layer and configured to communicate with another device (II. Material and Methods, A. Optical Sensing Patch System Fabrication); and a passive radiation layer constituting an upper layer of the circuit layer in order that the passive radiation layer has cooling characteristics in order to cool the patch-type wearable device without forming a metal thin film and without providing a battery to cool the patch-type wearable device (II. Material and Methods, A. Optical Sensing Patch System Fabrication and see Lee NPL. Additionally, there is no metal thin film provided on the device of Wang and the battery taught is not used to cool the device.), wherein the passive radiation layer includes a first portion of the passive radiation layer corresponding with the light emitting element and a second portion of the passive radiation layer corresponding with the light receiving element, (Fig. 1(d)), and wherein the passive radiation layer comprises a porous polymer, (Where PDMS may be manufactured to be porous, see Dan NPL. This offers the advantages of controlling the device sensitivity and range, mechanical deformability, as taught by Dan in Abstract. Additionally, the pores allow for increased surface area, as taught by Dan in Introduction, which is ideal in designing sensing, wearable devices.).
Matthews is cited for teaching a patch-type wearable device, ([0088]), wherein the porous polymer includes at least one of cellulose acetate, PMMA, ([0139]), SEBS, P(VdF-HFP), polystyrene, ([0139]), ethyl-cellulose, PLA, PLCL, or PCL.
The prior art does not disclose or reasonably suggest a patch-type wearable device comprising: a passive radiation layer having a high emissivity in a long infrared band of 4 to 20 µm and having a high reflectance in a solar spectrum, wherein the passive radiation layer comprises a porous polymer having a plurality of pores that scatter visible light to exhibit a white appearance.
Conclusion
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/MARIA CHRISTINA TALTY/Examiner, Art Unit 3797
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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