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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 26 Jun 2025 has been entered.
This Office Action is responsive to the amendment filed on 26 Jun 2025. As directed by the amendment: claims 1-7, 9, 12, and 20 have been amended, claims 8 and 21 have been canceled, claims 10-19 have been withdrawn, and claim 22 has been added. Claim 22 is also withdrawn because it is dependent on withdrawn claim 12. Thus, claims 1-7, 9, and 20 are presently pending examination.
Response to Arguments
Applicant's arguments filed 26 Jun 2025 have been fully considered but they are not persuasive.
Applicant argues that the previously cited Yoon reference does not disclose “an ellipse, a part of an ellipse, an elliptical lens or an elliptical shape of any kind” (Remarks, page 13), and therefore the combination of prior art references does not teach all elements of amended claim 1. Examiner respectfully disagrees. Amended claim 1 recites “wherein a cross section of the part of the cylinder in a direction perpendicular to the substrate and perpendicular to the axis direction of the cylinder is a part of an ellipse”. It is not clear from the claim what “a part of an ellipse” is. Under the broadest reasonable interpretation of the claim, “a part of an ellipse” can be any part, and does not necessarily require that the edge of the cylinder is the arc of an ellipse.
Furthermore, the Oxford English Dictionary defines a cylinder as “A solid figure of which the two ends are equal and parallel circles, and the intervening curved surface is such as would be traced out by a straight line moving parallel to itself with its ends in the circumferences of these circles” and “The solid generated by a straight line moving always parallel to itself and describing any fixed curve (not necessarily a circle)” (“Cylinder, N.” Oxford English Dictionary, Oxford UP, September 2025, https://doi.org/10.1093/OED/4367630706.). A circle is a specific kind of ellipse (“6.2 Circles and Ellipses.” CK-12 Foundation, 29 Dec. 2014, www.ck12.org/book/CK-12-Math-Analysis/section/6.2/.) Therefore, Yoon shows “a cross section of the part of the cylinder in a direction perpendicular to the substrate and perpendicular to the axis direction of the cylinder is a part of an ellipse” as broadly interpreted by the Examiner to include the cylinder section shown in Fig. 12A of Yoon.
In addition, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use any particular modified shape for the lenses, including “a cylinder in a direction parallel to an axis direction of the cylinder, wherein a cross section of the part of the cylinder in a direction perpendicular to the substrate and perpendicular to the axis direction of the cylinder is a part of an ellipse, wherein an orthographic projection of the part of the cylinder on the substrate is a rectangle”, since such a modification would have involved a mere change in the form or shape of the lenses and their connections. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 149 USPQ 47 (CCPA 1976).
Therefore, the rejection of claim 1 under 35 U.S.C. 103 is maintained. Claims 12-19 and 22 remain withdrawn because claim 1 remains rejected.
Claim Objections
Claim 1 is objected to because of the following informalities: “at” in line 11 should be omitted.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7, 9, and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “an axis direction of the cylinder” in line 14, which is unclear as to which direction is the axis direction of the cylinder. For the purposes of examination, “an axis direction of the cylinder” will be interpreted as the central axis of the cylinder.
Claim 1 recites “a part of a cylinder” in line 13, which is unclear as to what shape a part of a cylinder is. Under the broadest reasonable interpretation, a cylinder can be separated into any shape, and “a part of a cylinder” does not necessarily mean that the external surface of the lens is cylindrical.
Similarly, “a part of an ellipse” in line 16 is unclear as to what shape the cross section is required to be, because “a part of an ellipse” does not necessarily require that the external edge of the cross section is elliptical.
For similar reasons as above, the following limitations are also unclear:
Claim 4: “a part of an ellipsoid”
Claim 5: “a part of a sphere”
Claim 6: “a part of a cylinder”, “a part of a circle”
Claim 20: “a part of an ellipsoid”
Claims 2-7, 9, and 20 are also rejected because they are dependent on claim 1.
Claims 2-7, 9, and 20 recite “at least one lens”. It is unclear as to whether “at least one lens” is the same at least one lens of the plurality of lenses described in claim 1, line 13, or a different lens, or a plurality of different lenses.
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 (i.e., changing from AIA to pre-AIA ) 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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 6-7, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Chu et al. (US Publication No. 20160240721 A1, previously cited), hereinafter Chu, in view of Pohjonen et al. (US 20180020975 A1), hereinafter Pohjonen, and Yoon et al. (US Publication No. 20160058300 A1, previously cited), hereinafter Yoon.
Regarding claim 1, Chu discloses a wearable device (Figs. 80B-80D, paragraph [0227], annular shape accessory 96 or patch shape accessory 97), comprising:
a substrate (Fig. 1A, paragraph [0097], substrate 140), comprising a first side (see annotated Fig. 1A below);
at least one light emitting component mounted on the first side (Fig. 1A, paragraph [0097], light source 110) and configured to emit a light on at least one optical wavelength band (paragraph [0099]), wherein the at least one light emitting component comprises an out-light side (see annotated Fig. 1A below); and
a plurality of lenses disposed on the out-light side (Fig. 16A, paragraph [0125], encapsulant with multiple refractive index layers),
wherein the plurality of lenses corresponds to the at least one light emitting component (Fig. 16A, paragraph [0125], "encapsulant 111 with multiple refractive index layers over the light source 110"),
wherein the plurality of lenses is configured to reduce a divergence angle of the light (paragraph [0125], "The optical sensor module 10 enhances the signal strength because the total internal reflection of the emitted light is reduced while the light passes through the encapsulant 111 layer by layer outward from the light source 110", reducing total internal reflection and light extraction efficiency is analogous to reducing the divergence angle), and
wherein a refractive index of the at least one lens is greater than a refractive index of air (paragraph [0125], "the refractive index of an optoelectronic transducer is greater than three, while the refractive index of ambient air is about one").
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Although Chu further discloses that the at least one light emitting component comprises visible or infrared portions (paragraph [0099]), Chu does not explicitly disclose that the at least one light emitting component mounted on the first side comprises a red light emitting diode, a green light emitting diode, and an infrared light emitting diode, nor that the at least one light emitting component is configured to emit light on three optical wavelength bands.
However, Pohjonen teaches an electrode for a user wearable apparatus with an opening to provide an optical connection to electronic components (Abstract) comprising at least one light emitting component comprising a red light emitting diode, a green light emitting diode, and an infrared light emitting diode (Fig. 10, paragraph [0063], "electrode 1001 is connected to a LED that emits red light, the electrode 1003 is connected to a LED that emits infrared light, and the electrodes 1002 and 1005 are connected to LEDs that emit green light"), and configured to emit light on three optical wavelength bands (paragraph [0063], red, green, and infrared).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chu with the teachings of Pohjonen so that the at least one light emitting component comprises a red light emitting diode, a green light emitting diode, and an infrared light emitting diode, and that the at least one light emitting component is configured to emit light on three optical wavelength bands, because doing so enables measurement of heart rate (Pohjonen, paragraph [0037]) and oxygenation in biological tissue (Chu, paragraph [0107], red and infrared wavelengths are required).
Neither Chu nor Pohjonen explicitly discloses that a shape of the at least one lens is a part of a cylinder in a direction parallel to an axis direction of the cylinder, wherein a cross section of the part of the cylinder in a direction perpendicular to the substrate and perpendicular to the axis direction of the cylinder is a part of an ellipse, wherein an orthographic projection of the part of the cylinder on the substrate is a rectangle, and wherein a long side direction of the rectangle is parallel to a long side direction of a smallest rectangular area in which the at least one light emitting component is located.
However, Yoon teaches a wearable device for monitoring blood pressure (paragraph [0003]), wherein a shape of the at least one lens is a part of a cylinder in a direction parallel to an axis direction of the cylinder (Figs. 11A-A, 12A, paragraphs [0111], [0127], [0129]-[0132]), wherein a cross section of the part of the cylinder in a direction perpendicular to the substrate and perpendicular to the axis direction of the cylinder is a part of an ellipse, wherein an orthographic projection of the part of the cylinder on the substrate is a rectangle, and wherein a long side direction of the rectangle is parallel to a long side direction of a smallest rectangular area in which the at least one light emitting component is located (Fig. 12A, long side of cylindrical convex lens 1220 is parallel to laser diode 1210).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chu, Pohjonen, and Yoon with the teachings of Yoon to use a lens that is a part of a cylinder in a direction parallel to an axis direction of the cylinder, wherein a cross section of the part of the cylinder in a direction perpendicular to the substrate and perpendicular to the axis direction of the cylinder is a part of an ellipse, wherein an orthographic projection of the part of the cylinder on the substrate is a rectangle, and wherein a long side direction of the rectangle is parallel to a long side direction of a smallest rectangular area in which the at least one light emitting component is located, because doing so prevents a laser from spreading irregularly (Yoon, paragraph [0137]).
Furthermore, it would have been an obvious matter of design choice to use a lens that is a part of a cylinder in a direction parallel to an axis direction of the cylinder, wherein a cross section of the part of the cylinder in a direction perpendicular to the substrate and perpendicular to the axis direction of the cylinder is a part of an ellipse, wherein an orthographic projection of the part of the cylinder on the substrate is a rectangle, and wherein a long side direction of the rectangle is parallel to a long side direction of a smallest rectangular area in which the at least one light emitting component is located, for the purpose of improving light dispersion, since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 149 USPQ 47 (CCPA 1976).
Regarding claim 2, the wearable device of claim 1 is obvious over Chu, Pohjonen, and Yoon, as explained above. Chu further discloses that the at least one lens comprises a surface fastened to the substrate (annotated Fig. 1A below, paragraph [0108]), wherein the surface comprises at least one concave cavity, wherein the wearable device further comprises at least one accommodation space surrounded by the at least one concave cavity and the substrate, and wherein the at least one light emitting component is disposed in the at least one accommodation space (Figs. 2-5, annotated Fig. 1A below, paragraph [0097], [0103], [0108]-[0113]).
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Regarding claim 3, the wearable device of claim 1 is obvious over Chu, Pohjonen, and Yoon, as explained above. Chu further discloses that the at least one lens is a Fresnel lens (paragraphs [0105]-[0106], [0189]-[0190], [0192], [0197], microstructure 112), wherein the Fresnel lens comprises a surface facing away from the at least one light emitting component (Fig. 1A, paragraph [0105], top surface of encapsulant 111/microstructure 112), and wherein the surface comprises:
a protrusion (Figs. 1A and 13B show protrusions in microstructure 112); and
at least one circumferential groove (paragraph [0121], concentric circular pattern) having a sawtooth cross section (Figs. 1A and 13B show microstructure 112 with a sawtooth cross section) and disposed around the protrusion (paragraph [0121, concentric circular pattern).
Regarding claim 6, the wearable device of claim 1 is obvious over Chu, Pohjonen, and Yoon, as explained above. Chu further discloses that a shape of the at least one lens is a part of a cylinder parallel to an axis direction of the cylinder, wherein a cross section of the part of the cylinder in a direction perpendicular to the substrate and perpendicular to the axis direction of the cylinder is a part of a circle, wherein an orthographic projection of the part of the cylinder on the substrate is a rectangle, and wherein a long side direction of the rectangle is parallel to a long side direction of a smallest rectangular area in which the at least one light emitting component is located (Figs. 66-69, paragraphs [0185]-[0186], [0193], [0195]-[0200]; first encapsulant 111 is a quarter cylinder; see annotated Figs. 66A-66C below).
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Regarding claim 7, the wearable device of claim 1 is obvious over Chu, Pohjonen, and Yoon, as explained above. Chu further discloses that the at least one lens (Figs 50-53, plano-convex lenses) is a convex lens (Figs. 50-53, paragraphs [0169]-[0172], plano-convex lenses)
Regarding claim 9, the wearable device of claim 1 is obvious over Chu, Pohjonen, and Yoon, as explained above. Chu further discloses that the at least one lens is in contact with an out-light surface of the at least one light emitting component (paragraphs [0102], [0107], [0109]-[0113], [0115], [0120], [0122], [0128], [0133], [0137], [0141], [0145], [0150], [0180], [0184], [0188]-[0191], [0195]-[0196], [0200]; see annotated Fig. 1A below).
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Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Chu et al. (US Publication No. 20160240721 A1, previously cited), hereinafter Chu, in view of Pohjonen et al. (US 20180020975 A1), hereinafter Pohjonen, and further in view of Faber et al. (US Publication No. 20050267346 A1, previously cited), hereinafter Faber.
Regarding claim 4, the wearable device of claim 1 is obvious over Chu, Pohjonen, and Yoon, as explained above. Chu does not explicitly disclose that the at least one lens is a part of an ellipsoid, wherein an orthographic projection of the part of the ellipsoid on the substrate is an ellipse, and wherein a major axis direction of the ellipse is parallel to a long side direction of a smallest rectangular area in which the at least one light emitting component is located.
However, Faber teaches an optical blood analyte measurement apparatus (Abstract) comprising a light emitter with lenses of ellipsoidal shape (paragraph [0082]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chu, Pohjonen, and Yoon with the teachings of Faber to use a lens that is a part of an ellipsoid, wherein an orthographic projection of the part of the ellipsoid on the substrate is an ellipse, and wherein a major axis direction of the ellipse is parallel to a long side direction of a smallest rectangular area in which the at least one light emitting component is located, because doing so maximizes the collection of light from the source and irradiates a large area of tissue, which results in a stronger signal (Faber, paragraph [0082]).
Furthermore, it would have been an obvious matter of design choice to use a lens that is a part of an ellipsoid, wherein an orthographic projection of the part of the ellipsoid on the substrate is an ellipse, and wherein a major axis direction of the ellipse is parallel to a long side direction of a smallest rectangular area in which the at least one light emitting component is located, for the purpose of improving light dispersion, since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 149 USPQ 47 (CCPA 1976).
Claims 5 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chu et al. (US Publication No. 20160240721 A1, previously cited), hereinafter Chu, in view of Pohjonen et al. (US 20180020975 A1), hereinafter Pohjonen, and further in view of Huang et al. (CN 106526721 A, previously cited), hereinafter Huang.
Regarding claim 5, the wearable device of claim 1 is obvious over Chu, Pohjonen, and Yoon, as explained above. Chu does not explicitly disclose that the at least one lens comprises at least two sub-lenses, wherein each of the at least two sub-lenses is a part of a sphere, an orthographic projection of the part of the sphere on the substrate is a circle, wherein each of the at least two sub-lenses corresponds to one of the at least one light emitting component, and wherein two adjacent sub-lenses of the at least two sub-lenses partially overlap.
However, Huang teaches an optical detection device (Abstract) wherein the at least one lens (Fig. 3, optical element 18b) comprises at least two sub-lenses (Figs. 5-6, translation page 6, last paragraph, central lens portion 24 and side lens parts 26, 28, 30, 32, 34, and 36), wherein each of the at least two sub-lenses is a part of a sphere (translation page 7, third paragraph, the cross sections of central lens portion 24 and side lens parts 26, 28, 30, 32, 34, and 36 are parts of a circle), wherein each of the at least two sub-lenses corresponds to one of the at least one light emitting component (Fig. 3, optical element 18b corresponds to light emitting element 14) , and wherein two adjacent sub-lenses of the at least two sub-lenses partially overlap (Fig. 6, radii of curvature R11, R21, R31, R12, R22, and R32 overlap with each other).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chu, Pohjonen, and Yoon with the teachings of Huang to use a lens that comprises at least two sub-lenses, wherein each of the at least two sub-lenses is a part of a sphere, an orthographic projection of the part of the sphere on the substrate is a circle, wherein each of the at least two sub-lenses corresponds to one of the at least one light emitting component, and wherein two adjacent sub-lenses of the at least two sub-lenses partially overlap, because doing so prevents epidermal scattering and improves the signal-to-noise ratio (Huang, translation page 3, third paragraph; translation page 6, second to last paragraph; translation page 8, fourth and fifth paragraphs).
Furthermore, it would have been an obvious matter of design choice to use a lens that comprises at least two sub-lenses, wherein each of the at least two sub-lenses is a part of a sphere, an orthographic projection of the part of the sphere on the substrate is a circle, wherein each of the at least two sub-lenses corresponds to one of the at least one light emitting component, and wherein two adjacent sub-lenses of the at least two sub-lenses partially overlap, for the purpose of improving light dispersion, since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 149 USPQ 47 (CCPA 1976).
Regarding claim 20, the wearable device of claim 1 is obvious over Chu, Pohjonen, and Yoon, as explained above. Chu does not explicitly disclose that the at least one lens comprises at least two sub-lenses, wherein each of the at least two sub-lenses is a part of a sphere, an orthographic projection of the part of the sphere on the substrate is a circle, wherein each of the at least two sub-lenses corresponds to one of the at least one light emitting component, and wherein two adjacent sub-lenses of the at least two sub-lenses partially overlap.
However, Huang teaches an optical detection device (Abstract) wherein the at least one lens (Fig. 3, optical element 18b) comprises at least two sub-lenses (Figs. 5-6, translation page 6, last paragraph, central lens portion 24 and side lens parts 26, 28, 30, 32, 34, and 36), wherein each of the at least two sub-lenses is a part of a ellipsoid (translation page 7, third paragraph, the cross sections of central lens portion 24 and side lens parts 26, 28, 30, 32, 34, and 36 are parts of a circle), wherein each of the at least two sub-lenses corresponds to one of the at least one light emitting component (Fig. 3, optical element 18b corresponds to light emitting element 14) , and wherein two adjacent sub-lenses of the at least two sub-lenses partially overlap (Fig. 6, radii of curvature R11, R21, R31, R12, R22, and R32 overlap with each other).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chu, Pohjonen, and Yoon with the teachings of Huang to use a lens that comprises at least two sub-lenses, wherein each of the at least two sub-lenses is a part of an ellipsoid, wherein an orthographic projection of the part of the ellipsoid on the substrate is a circle, wherein each of the at least two sub-lenses corresponds to one light emitting component, and wherein two adjacent sub-lenses of the at least two sub-lenses partially overlap, because doing so prevents epidermal scattering and improves the signal-to-noise ratio (Huang, translation page 3, third paragraph; translation page 6, second to last paragraph; translation page 8, fourth and fifth paragraphs).
Furthermore, it would have been an obvious matter of design choice to use a lens that comprises at least two sub-lenses, wherein each of the at least two sub-lenses is a part of an ellipsoid, wherein an orthographic projection of the part of the ellipsoid on the substrate is a circle, wherein each of the at least two sub-lenses corresponds to one light emitting component, and wherein two adjacent sub-lenses of the at least two sub-lenses partially overlap, for the purpose of improving light dispersion, since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 149 USPQ 47 (CCPA 1976).
Additional prior art considered pertinent to the applicant’s disclosure and claims:
Kim et al. (KR 20190010305 A) discloses a cylindrical convex lens 910f (Fig. 9f)
Conclusion
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/CHRISTINE SISON/Examiner, Art Unit 3796
/Jennifer Pitrak McDonald/Supervisory Patent Examiner, Art Unit 3796