Prosecution Insights
Last updated: October 25, 2026
Application No. 17/634,117

WEARABLE SENSOR DEVICE

Non-Final OA §101§103
Filed
Feb 09, 2022
Priority
Aug 12, 2019 — EU 19191219.5 +1 more
Examiner
ROBINSON, NICHOLAS A
Art Unit
3798
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Onera Technologies B V
OA Round
9 (Non-Final)
48%
Grant Probability
Moderate
9-10
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 48% of resolved cases
48%
Career Allowance Rate
74 granted / 153 resolved
-21.6% vs TC avg
Strong +55% interview lift
Without
With
+55.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
41 currently pending
Career history
213
Total Applications
across all art units

Statute-Specific Performance

§101
11.7%
-28.3% vs TC avg
§103
41.6%
+1.6% vs TC avg
§102
14.0%
-26.0% vs TC avg
§112
30.5%
-9.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 153 resolved cases

Office Action

§101 §103
DETAILED ACTION This Office action is responsive to communications filed on 07/02/2026. Claims 3, 7, & 11-12 are canceled. Claim 14 is withdrawn. Presently, Claims 1-2, 4-6, 8-10, 13, and 15-18 remain pending and are hereinafter examined on the merits. 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 Response to Arguments Previous rejections under 35 USC § 112(b) are withdrawn in view of the amendments filed on 01/19/2026. In view of the Appeal Brief filed on 07/02/2026, PROSECUTION IS HEREBY REOPENED. A new ground of rejection does not rely on Gehman et al (US 2008/0214901 A1) in view of Lian et al (US 2013/0116533 A1) in view of Bernstein et al (US 2011/0213225 A1) or Gehman et al (US 2008/0214901 A1) in view of Lian et al (US 2013/0116533 A1) in view of Bernstein et al (US 2011/0213225 A1) applied in the prior rejection of record for any teaching or matter specifically challenged in the argument is set forth below. To avoid abandonment of the application, appellant must exercise one of the following two options: (1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or, (2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid. A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below. The new grounds of rejection now relies on upon: Claims 1-2, 4-6, 8-10, 13, and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Baxi (US 20190209028 A1) in view of Bernstein et al (US 20110213225 A1). Abstract Applicant is reminded of the proper language and format for an abstract of the disclosure. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. In the current Abstract filed on 02/09/2022, the word count is 173. The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. Drawings The drawings are objected to under 37 CFR 1.83(a) because they fail to detailed illustrations in FIG. 5. as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. The rectangular boxes shown in the drawings should be provided with descriptive text labels. See MPEP 608.02(b). The drawings are objected to because the drawings do not show every feature of the invention specified in the claims. Unlabeled rectangular box(es) shown in the drawings should be provided with descriptive text labels, and numbers are not considered to be “descriptive text labels” – For Example (FIG. 5). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as "amended." If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either "Replacement Sheet" or "New Sheet" pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the Specification The use of the term, “Wifi” & “Bluetooth” at ¶0040 a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term. Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks. The disclosure is objected to because of the following informalities and should recite: ¶0007: “subject’s skin”. ¶0012: “A further advantage of this invention is that the base structure needs no through-holes in order to establish connection between the electrodes and the electronics module.” ¶0013: “subject’s skin”. ¶0018: “user’s tissue”. ¶0018: “user’s skin”. ¶0021: “The wearable sensor device may comprise [[a]] two, three, four, five, six, seven, eight, nine, ten or more electrically conductive tracks.” ¶0022: “subject’s skin”. ¶0023: “According to one embodiment, the proximal skin facing surface and the distal skin facing surface may be at least partly joined by an inclined surface along which said electrically conductive tracks extend[[s]] between the proximal skin facing surface and the distal skin facing surface.” ¶0030: “Alternatively, the one or more electrodes are arranged on the proximal skin facing surface such that a protective layer resides there in-between.” ¶0035: “By this, two electrodes of a single skin facing surface portion may be [[more]] separated [[more]] in a lateral direction of a base structure for a predetermined lateral extension of the electronics module.” ¶0047: “In one embodiment, the wearable sensor device may be used [[to]]so that it is applied to a user at pre-defined areas on the user’s skin, depending on the nature of the monitoring that is to be taking place.” ¶0064: “This enables [[to]]the possibility of obtaining reliable signals of e.g. bio-potential while improving on usability as compared to existing solutions.” Appropriate correction is required. Claim Objections The following claims are objected to because of the following informalities and should recite: Claim 1 & 15, “.5 centimeters (cm) and 2 cm”. Claim 17: “The wearable sensor device [[of]] according to claim 1,” Appropriate correction is required. Examiners Notes The Specification discloses the definition of the “top surface” and corresponding phrase, ‘the entire top surface” at ¶0008 & ¶0014 (provided below): ¶0008: “Also, in the following, [...] a top side, a top surface, a top portion etc. may refer to a side, a surface, a portion of the wearable sensor device, or a side, a surface, or a portion of any of its components, facing away from the skin of a subject when the wearable sensor device is arranged thereto.” ¶0014: “The distal skin facing surface may be adapted to be at least partly in contact with the electronics module. The distal skin facing surface may be a surface covering a top surface of the electronics module. In one embodiment, the entire top surface of the electronics module may be covered by the distal skin facing surface.” Thus, the specification expressly defines “top surface” according to its orientation relative to the subject’s skin. A surface need not constitute the geometrically uppermost face of the component to quality as a “top surface”; rather, a side, surface, or portion of a component facing away from the skin may constitute a “top surface” within the terminology expressly adopted by the Applicant. Likewise, ¶0014 is consistent with, rather than contrary to, this definition, stating that the distal skin facing surface “may be adapted to be at least partly in contact with the electronics module” and that, “In one embodiment, the entire top surface of the electronics module may be covered by the distal skin facing surface”. ¶0014 does not separately redefine the term “top surface”. Instead, it employs the term previously defined in ¶0008 and specifies, in one embodiment, the extent of coverage of that top surface. Claim Rejections - 35 USC § 101 Section 33(a) of the America Invents Act reads as follows: Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism. Claim 1 & 15 rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). Claim 1 and 15 recite: “the bottom surface being in contact with the skin surface of the subject” -which positively encompasses a human organism. 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 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 1-2, 4-6, 8-10, 13, and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Baxi (US 20190209028 A1) in view of Bernstein et al (US 20110213225 A1). Claim 1: Baxi discloses: A wearable sensor device (¶Abstract, ¶0019, ¶0025, ¶0028, ¶0041, ¶0058) configured for arrangement to a skin surface of a subject (0019-0020, ¶0025), comprising a base structure (patch 302) of the wearable sensor device (800) is configured to be arranged to contact the skin surface of the subject (¶0025, ¶0059), which provides a first skin facing surface and a second skin facing surface distal to the skin surface of the subject, wherein the first skin facing surface is located closer to the skin surface of the subject than the second skin facing surface when the wearable sensor device is arranged to contact the skin surface of the subject, wherein the base structure further comprises an inclined surface at least partly joining the first skin facing surface and the second skin facing surface (See annotated FIG. 8-9 below); PNG media_image1.png 847 1355 media_image1.png Greyscale one or more electrodes (electrodes 310) arranged on the first skin facing surface of the base structure and configured to provide an electrical signal containing information of the subject (¶0057-0059, ¶0062: The ECG electrodes 310 route signals though the traces 312 and conductive pads 320 directly to the sensor node 330. ¶0019, ¶0032, ¶0073: The electrodes 310 conduct the electrical activity of the heart (i.e., the ECG signal) form the subject wearing the patch system 800 attached to their skin.); an electronics module (sensor node 330) configured to process the electrical signal provided by the one or more electrodes (¶0064, ¶0066-0067, ¶0080), the electronics module having a bottom surface and a top surface, the bottom surface being in contact with the skin surface of the subject when the wearable sensor device is arranged thereto and with the top surface being in contact with the second skin facing surface of the base structure, wherein the second skin facing surface of the base structure covers the entire top surface of the electronics module (See annotated FIG. 8-9 below); PNG media_image2.png 924 1415 media_image2.png Greyscale As can been seen the “top surface” of 704 of the sensor node 330 is facing away from the skin (facing the external environment). While the second skin facing surface of the base structure covers the entire top surface of the electronics module. wherein the electronics module has a height defining a distance between the bottom and top surfaces (FIG. 8-9 structurally, there is a height (or thickness) that defines the distance between the top surface and bottom surface of the sensor node), the electronics module comprising a printed circuit board (¶0053-706, ¶0059), sensory electronics (¶0058), and a battery (¶0069); and electrically conductive tracks (traces 312) electrically connecting said one or more electrodes (electrodes 310) to the electronics module (sensor node 330), wherein the electrically conductive tracks extend along the first and second skin facing surfaces and along the inclined surface (see in FIG. 8 traces 312 are extend along the first and second skin facing surfaces and long the inclined surface. For a clearer illustration see the annotated FIG. 8 below)), PNG media_image3.png 413 1355 media_image3.png Greyscale wherein the electrically conductive tracks (traces 312) comprise contact terminals in contact with corresponding contact terminals (solder/conductive adhesive 712) on the top surface of the electronics module, (¶0058, “the stretchable, flexible patch 302 is situated over the sensor node 330”. ¶0053, ¶0059: The sensor node 330 consists of top metallization/components 704, central substrate 706, and a bottom metallization/components 708 facing the body. ¶0059, “The solder/conductive adhesive 712 electrically and mechanically connects the metallization/components 710 to the sensor node 330, thus connecting the flexible, stretchable patch to the sensor node 330.” As can be seen in FIG. 8 below, the conductive traces 312 terminate at the solder/conductive adhesive 712. Under the broadest reasonable interpretation, traces 312 terminated at the attachment point 712 structurally requires contact terminals for electrical communication.) PNG media_image4.png 754 838 media_image4.png Greyscale wherein said one or more electrodes (310, FIG. 8) and the electronics module (330, FIG. 8) are arranged on a same side of the base structure (302, FIG. 8), and (As seen in FIG. 8: electrodes 310 and the electronics module 330 are on a same side of the base structure 302.) wherein when the wearable sensor device is arranged to contact the skin surface of the subject, said one or more electrodes and the electronics module are arranged in-between the skin surface of the subject and the base structure (FIG. 8-9 demonstrates such an arrangement). Here below is a side-by-side comparison of Baxi (US 20190209028 A1) compared to the Applicant’s claimed structure, both of which are substantially identical. PNG media_image5.png 774 1560 media_image5.png Greyscale Baxi fails to disclose the specific dimensions of the electronics module having a height defining a distance between the bottom and top surfaces of between 0.5 cm and 2 cm, as required by the claim. However, Bernstein in the context of medical devices (i.e., adhesive patches) for attachment on a skin surface on the body of a user includes an electronics 110 (i.e., an electronics module), discloses, wherein the electronics module has a height defining a distance between the bottom and top surfaces of between 0.5 cm and 2 cm (¶0111, ‘Referring to FIGS. 2A-2B, on body electronics 110 in certain embodiments is sized and shaped such that the height or thickness profile is minimized (for example, to less than or equal to about 10 mm, e.g., or less than or equal to about 7 mm, e.g., or less than or equal to about 5 mm, e.g., or less than or equal to about 4.5 mm, e.g., or less than or equal to about 4 mm or less).’) -Less than or equal to about 10 mm equates to (1 cm). -Less than or equal to about 7 mm equates to (0.7 cm). -Less than or equal to about 5 mm equates to (0.5 cm). Therefore, Bernstein teaches, “explicitly discloses” wherein the electronics module (body electronics 110) has a height defining a distance between the bottom and top surfaces of between 0.5 cm and 2 cm. It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the height of the electronics module of modified Baxi such that it is a height of 1 cm or 0.7 cm or 0.5 cm as taught by Bernstein. The motivation to do this yield predictable results such as minimizing the height profile of the electronics module to optimize the device for reduction, thereby maximizing comfort for the user during use and wear, as suggested by Bernstein, ¶0111, ¶0115. Claim 2: Baxi as modified discloses all the elements above in claim 1, Baxi discloses: wherein the first skin facing surface is adapted to extend at least partly along a circumference of the second skin facing surface (The identified annotated FIG. 8 demonstrates the first skin facing surface is adapted to extend at least partly along a circumference of the second skin facing surface, see below). PNG media_image6.png 436 1397 media_image6.png Greyscale Claim 4: Baxi as modified discloses all the elements above in claim 1, Baxi discloses: wherein the base structure comprises a flexible material (¶0010: FIG. 8 illustrates, by way of example, a perspective view diagram of an embodiment of another sensor patch system in which the stretchable, flexible patch is situated over the sensor node. ¶0058 flexible patch 302.). Claim 5: Baxi as modified discloses all the elements above in claim 1, Baxi discloses: wherein the base structure comprises two or more first skin facing surface portions, wherein at least one electrode of said one or more electrodes is arranged on each of the two or more first skin facing surface portions (see annotated FIG. 8 below). PNG media_image7.png 436 1397 media_image7.png Greyscale Claim 6: Baxi as modified discloses all the elements above in claim 5, Baxi discloses: wherein said one or more electrodes comprises at least two electrodes arranged on a single first skin facing surface portion (see annotated FIG. 8 above– the at least two electrodes arranged on a single first skin facing surface portion). Claim 8: Baxi as modified discloses all the elements above in claim 1, Baxi discloses: wherein the electronics module (330) is arranged on the contact terminals of the electrically conductive tracks (312). (¶0058, “the stretchable, flexible patch 302 is situated over the sensor node 330”. ¶0053, ¶0059: The sensor node 330 consists of top metallization/components 704, central substrate 706, and a bottom metallization/components 708 facing the body. ¶0059, “The solder/conductive adhesive 712 electrically and mechanically connects the metallization/components 710 to the sensor node 330, thus connecting the flexible, stretchable patch to the sensor node 330.” As can be seen in FIG. 8 below, the conductive traces 312 terminate at the solder/conductive adhesive 712. Under the broadest reasonable interpretation, traces 312 terminated at the attachment point 712 structurally requires contact terminals for electrical communication.) PNG media_image4.png 754 838 media_image4.png Greyscale Claim 9: Baxi as modified discloses all the elements above in claim 1, Baxi discloses: wherein the electronics module (330) comprises one or more sensors (¶0058: The sensor node 330, in the embodiment shown in FIG. 8, includes the LEDs 324, the photodiode 326, and the thermistor 328 electrically and mechanically attached thereto) configured to face the skin surface of the subject when the wearable sensor device is arranged thereto (FIG. 8-9). Claim 10: Baxi as modified discloses all the elements above in claim 1, Baxi discloses: wherein at least one of the one or more sensors is an optical sensor (¶0058: The sensor node 330, in the embodiment shown in FIG. 8, includes the LEDs 324, the photodiode 326, and the thermistor 328 electrically and mechanically attached thereto. The photodiode is a optical sensor.). Claim 13: Baxi as modified discloses all the elements above in claim 1, Baxi discloses: wherein the wearable sensor device is adapted to be fixed to the skin surface using an adhesive (¶0025, ¶0073). Claim 15: Baxi discloses: A method of measuring a bio-impedance signal of a subject, comprising: (¶Abstract, ¶0019, ¶0025, ¶0028, ¶0041, ¶0058, ¶0062, ¶0066) providing a wearable sensor device (¶Abstract, ¶0019, ¶0025, ¶0028, ¶0041, ¶0058) for arrangement to a skin surface of the subject (0019-0020, ¶0025), wherein the wearable sensor device comprises: a base structure (patch 302) of the wearable sensor device (800) is configured to be arranged to contact the skin surface of the subject (¶0025, ¶0059), which provides a first skin facing surface and a second skin facing surface distal to the skin surface of the subject, wherein the first skin facing surface is located closer to the skin surface than the second skin facing surface when the wearable sensor device is arranged to contact the skin surface of the subject, wherein the base structure further comprises an inclined surface at least partly joining the first skin facing surface and the second skin facing surface (See annotated FIG. 8-9 below); PNG media_image1.png 847 1355 media_image1.png Greyscale one or more electrodes (electrodes 310) arranged on the first skin facing surface of the base structure and configured to provide an electrical signal containing information of the subject (¶0057-0059, ¶0062: The ECG electrodes 310 route signals though the traces 312 and conductive pads 320 directly to the sensor node 330. ¶0019, ¶0032, ¶0073: The electrodes 310 conduct the electrical activity of the heart (i.e., the ECG signal) form the subject wearing the patch system 800 attached to their skin.); an electronics module (sensor node 330) configured to process the electrical signal provided by the one or more electrodes (¶0064, ¶0066-0067, ¶0080), the electronics module having a bottom surface and a top surface, the bottom surface being in contact with the skin surface of the subject when the wearable sensor device is arranged thereto and with the top surface being in contact with the second skin facing surface of the base structure, wherein the second skin facing surface of the base structure covers the entire top surface of the electronics module (See annotated FIG. 8-9 below); PNG media_image2.png 924 1415 media_image2.png Greyscale As can been seen the “top surface” of 704 of the sensor node 330 is facing away from the skin (facing the external environment). While the second skin facing surface of the base structure covers the entire top surface of the electronics module. wherein the electronics module has a height defining a distance between the bottom and top surfaces (FIG. 8-9 structurally, there is a height (or thickness) that defines the distance between the top surface and bottom surface of the sensor node), the electronics module comprising a printed circuit board (¶0053-706, ¶0059), sensory electronics (¶0058), and a battery (¶0069); and electrically conductive tracks (traces 312) electrically connecting said one or more electrodes (electrodes 310) to the electronics module (sensor node 330), wherein the electrically conductive tracks extend along the first and second skin facing surfaces and along the inclined surface, (see in FIG. 8 traces 312 are extend along the first and second skin facing surfaces and long the inclined surface. For a clearer illustration see the annotated FIG. 8 below)), PNG media_image3.png 413 1355 media_image3.png Greyscale wherein the electrically conductive tracks (traces 312) comprise contact terminals in contact with corresponding contact terminals (solder/conductive adhesive 712) on the top surface of the electronics module, (¶0058, “the stretchable, flexible patch 302 is situated over the sensor node 330”. ¶0053, ¶0059: The sensor node 330 consists of top metallization/components 704, central substrate 706, and a bottom metallization/components 708 facing the body. ¶0059, “The solder/conductive adhesive 712 electrically and mechanically connects the metallization/components 710 to the sensor node 330, thus connecting the flexible, stretchable patch to the sensor node 330.” As can be seen in FIG. 8 below, the conductive traces 312 terminate at the solder/conductive adhesive 712. Under the broadest reasonable interpretation, traces 312 terminated at the attachment point 712 structurally requires contact terminals for electrical communication.) PNG media_image4.png 754 838 media_image4.png Greyscale wherein said one or more electrodes (310, FIG. 8) and the electronics module (330, FIG. 8) are arranged on a same side of the base structure (302, FIG. 8), and (As seen in FIG. 8: electrodes 310 and the electronics module 330 are on a same side of the base structure 302.) wherein when the wearable sensor device is arranged to contact the skin surface of the subject, said one or more electrodes and the electronics module are arranged in-between the skin surface of the subject and the base structure, (FIG. 8-9 demonstrates such an arrangement). applying the wearable sensor device the skin surface of the subject (FIG. 9), and measuring a bio-impedance signal of the subject via the wearable sensor device (¶0062, ¶0066). Baxi fails to disclose the specific dimensions of the electronics module having a height defining a distance between the bottom and top surfaces of between 0.5 cm and 2 cm, as required by the claim. However, Bernstein in the context of medical devices (i.e., adhesive patches) for attachment on a skin surface on the body of a user includes an electronics 110 (i.e., an electronics module), discloses, wherein the electronics module has a height defining a distance between the bottom and top surfaces of between 0.5 cm and 2 cm (¶0111, ‘Referring to FIGS. 2A-2B, on body electronics 110 in certain embodiments is sized and shaped such that the height or thickness profile is minimized (for example, to less than or equal to about 10 mm, e.g., or less than or equal to about 7 mm, e.g., or less than or equal to about 5 mm, e.g., or less than or equal to about 4.5 mm, e.g., or less than or equal to about 4 mm or less).’) -Less than or equal to about 10 mm equates to (1 cm). -Less than or equal to about 7 mm equates to (0.7 cm). -Less than or equal to about 5 mm equates to (0.5 cm). Therefore, Bernstein teaches, “explicitly discloses” wherein the electronics module (body electronics 110) has a height defining a distance between the bottom and top surfaces of between 0.5 cm and 2 cm. It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the height of the electronics module of modified Baxi such that it is a height of 1 cm or 0.7 cm or 0.5 cm as taught by Bernstein. The motivation to do this yield predictable results such as minimizing the height profile of the electronics module to optimize the device for reduction, thereby maximizing comfort for the user during use and wear, as suggested by Bernstein, ¶0111, ¶0115. Claim 16: Baxi as modified discloses all the elements above in claim 2, Baxi discloses: wherein the first skin facing surface is adapted to extend along the circumference of the second skin facing surface in an amount of from 50% to 100% (Referring to FIG. 8 below: the first skin surface is adapted to extend along the circumference of the second skin facing surface in an amount of from 50%-100%. The second skin surface is within the first skin surface. Accordingly, the first skin facing surface would extend 100% along the circumference of the second skin surface.). PNG media_image6.png 436 1397 media_image6.png Greyscale Claim 17: Baxi as modified discloses all the elements above in claim 1, Baxi discloses: wherein an elevation distance between the first and second skin facing surfaces, joined by the inclined surface, corresponds to the height of the electronics module (See annotated FIG. 8 above). PNG media_image3.png 413 1355 media_image3.png Greyscale Claim 18: Baxi as modified discloses all the elements above in claim 15, Baxi discloses: wherein an elevation distance between the first and second skin facing surfaces, joined by the inclined surface, corresponds to the height of the electronics module (See annotated FIG. 8 above). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gehman et al (US 2008/0214901 A1) discloses, the electronics module included in a adhesive patch below: which is substantially equivalent to the claimed invention, see FIG. 1 below. PNG media_image8.png 320 685 media_image8.png Greyscale Wawro et al (US 2019/0150739 A1) discloses a modular vital signs monitor having a module wearable by the subject with conductive traces each having a different diameters along a surface. Hadley et al (US 2018/0035909 A1) discloses a conductive adhesive connection to electronics module with conductive traces in electrical contact to the electronics modules. Balczewski et al (US 2019/0282167 A1) discloses a wearable device patch connection with an electronics module and flexible circuit assembly disposed between the upper and lower surfaces configured to electrically couple the sensors to the electronics module. Manicka et al (US 2014/0330136 A1) discloses an adherent device with multiple sensors connected to an electronics module wherein the flexible printed circuit board includes a plurality of traces that extend to connectors along surface portions. Kroecker et al (US 2006/0155183 A1) disclose an electronics module with conductive tracks along surface portions of the device. Bianchi (US 2016/0331961 A1) discloses an electronics module with a flexible circuit, both disposed and connected along surface portions defined by a gap. Semler (US 2003/0069510 A1), discloses a wearable sensor device with multiple skin facing surfaces, with a base structure comprising an inclined surface joining the skin facing surfaces, one or more electrodes arranged on the first skin facing surface providing an electrical signal of the subject, an integrated circuit (electronics module) having a bottom and top surface, where the second skin facing surface of the base structure covers the entire top surface of the electronic module, electrically conductive tracks corresponding to respect contact terminals when the wearable device is arranged to contact the skin of the subject. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas Robinson whose telephone number is (571)272-9019. The examiner can normally be reached M-F 9:00AM-5:00PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pascal Bui-Pho can be reached at (571) 272-2714. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /N.A.R./Examiner, Art Unit 3798
Read full office action

Prosecution Timeline

Show 25 earlier events
Jan 19, 2026
Response Filed
Feb 24, 2026
Final Rejection mailed — §101, §103
Mar 27, 2026
Notice of Allowance
Mar 27, 2026
Response after Non-Final Action
May 19, 2026
Response after Non-Final Action
Jul 02, 2026
Response after Non-Final Action
Jul 25, 2026
Response after Non-Final Action
Sep 30, 2026
Non-Final Rejection mailed — §101, §103 (current)

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Apparatus and Method for Acquiring a Position of a Region to be Examined
2y 0m to grant Granted Aug 18, 2026
Patent 12697016
IMAGING SYSTEM WITH OPTICAL PATHWAY
1y 5m to grant Granted Aug 04, 2026
Patent 12678081
SYSTEMS AND METHODS FOR DETECTION OF NEUROPHYSIOLOGICAL SIGNAL OSCILLATIONS
3y 3m to grant Granted Jul 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

9-10
Expected OA Rounds
48%
Grant Probability
99%
With Interview (+55.0%)
3y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 153 resolved cases by this examiner. Grant probability derived from career allowance rate.

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