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 .
The amendment filed on January 22, 2026 has been received and considered. By this amendment, claims 35, 38, 41, 43, and 51 are amended and claims 35-54 and 57-59 are now pending in the application, with claims 57-59 withdrawn from further consideration as being drawn to a non-elected invention.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 1/26/2026 has/have been acknowledged and is/are being considered by the Examiner.
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.
Claim 53 is 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 53 recites the limitation "the processor" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is recommended that the claim be amended to recite “a processor” to correct this rejection.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 35-46, 48, and 51-54 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lor (U.S. 2018/0078183, previously cited). Regarding claim 35, Lor discloses a portable biometric monitoring device 200/300/400/600/700, comprising: a central pod 204/402/602/702 (see Figures 2-4C and 6-7B) including: one or more sensors configured to contact tissue of a subject and to measure physiological data of the subject (device sensors 314 shown in Figure 3, which are different from the strap sensors 316); a port 210/310 (“wearable device 200 can include electrical connector 210 that can be used to provide a wired connection to host device 202 and/or to other devices (e.g., by using suitable cables). For example, connector 210 can be used to connect to a power supply to charge an onboard battery of wearable device 200.”, paragraph [0028], “connector interface 310 and/or RF interface 308 can be used to support synchronization operations in which data can be transferred from a host device to wearable device 300 (or vice versa).”, paragraph [0043]); and a display screen 205/320/402/602/702 configured to display information associated with the subject (“The user can view information presented by wearable device 200 on touchscreen display 205 and can provide input to wearable device 200 by touching touchscreen display 205.”, paragraph [0023]); a wearable band 206/404/604/704 removably couplable to the central pod (see Figures 2-4C and 6-7B and “Strap 206 (also referred to herein as a wristband or wrist strap) can be provided to allow device 200 to be removably worn (e.g., around the user's wrist) by the user.”, paragraph [0024], with similar descriptions for all straps), the wearable band, when coupled to the central pod, being configured to be worn around a wrist of the subject such that the central pod is supported on the wrist, the central pod when supported on the wrist being arranged with the one or more sensors of the central pod in contact with a dorsal side of the wrist of the subject and the display screen facing outwards; and a plurality of sensor electrodes 318/338/350/352/438/452/618/718/738 mounted to the wearable band (see Figures 2-4C and 6-7B) such that the wearable band is configured to maintain the plurality of sensor electrodes in contact with a ventral side of the wrist of the subject when the wearable band is worn around the wrist (“Electrodes 438 can be configured as electromyography (EMG) sensors, which can sense muscle activity by measuring electrical activity. In some examples, electrodes 438 can be disposed on elastic section 405 such that an exposed surface of electrodes 438 can contact the user's wrist (e.g., contacting the inner side of strap 404).”, paragraph [0057] and “Strap 604 can include a plurality of capacitance sensors 618. Plurality of capacitance sensors 618 can be located on the inner side (i.e., side facing the underbody of the wearable device body) of strap 604. In some examples, plurality of capacitance sensors 618 can also be located at least partially on the outer side of strap 604. Plurality of capacitance sensors 618 can be configured to sense one or more changes in capacitance due to, for example, the increased (or decreased) capacitive coupling as the user's wrist applies force to the electrodes.”, paragraph [0064]), the plurality of sensor electrodes configured to measure additional physiological data of the subject in addition to the physiological data measured by the one or more sensors of the central pod (“Electrodes 438 can be configured as electromyography (EMG) sensors, which can sense muscle activity by measuring electrical activity.”, paragraph [0057] and “Plurality of capacitance sensors 618 can be configured to sense one or more changes in capacitance due to, for example, the increased (or decreased) capacitive coupling as the user's wrist applies force to the electrodes.”, paragraph [0064]). It is respectfully submitted that the recitation “the central pod when supported on the wrist further being couplable to a secondary device with a bottom surface of the secondary device being coupled to the display screen and one or more electrical contacts of the secondary device being coupled to the port to transfer at least one of data or electrical energy between the central pod and the secondary device without the central pod being removed from the wrist” fails to further define the claimed inventio over that of the prior art because it is directed to the ability of the device to couple with a secondary device that is not positively recited. Applicant is advised to claim the aspects of the portable biometric monitoring device that would result in the claimed coupling with the secondary device, specifically if there is a particular configuration of the port or the display that facilitates the coupling.
Regarding claim 36, Lor discloses that the plurality of sensor electrodes includes at least one of: an electrodermal (EDA) sensor electrode, an electromyography (EMG) sensor electrode (“In some examples, on or more electromyography (EMG) sensors can be included to measure the user's electrical signals, and the user's muscle activity can be determined.”, paragraph [0021], “Electrodes 438 can be configured as electromyography (EMG) sensors”, paragraph [0057], and “Strap 704 can also include EMG sensors 738”, paragraph [0067]), an electrocardiogram (EKG) sensor electrode, an electroencephalogram (EEG) sensor electrode, a microfluidic sensor electrode, a pH sensor electrode, a glucose sensor electrode, a DNA sensor electrode, or a phosphate sensor electrode.
Regarding claim 37, Lor discloses that the central pod is electrically isolated from the plurality of sensor electrodes when the wearable band is not coupled to the central pod (the strap holders are described as connecting the straps to the face members and absence such strap holders, there would be no connection between these elements and, thus, electrical isolation between these elements).
Regarding claim 38, Lor discloses that the one or more sensors of the central pod include a photoplethysmogram (PPG) module and a PPG module surface (“Optical sensors 362 can sense one or optical properties of light used, for examples, in determining photoplethysmyogram (PPG) information associated with the user.”, paragraph [0044]), the PPG module surface configured to be in contact with the dorsal side of the wrist when the central pod is supported by the wrist (“the device can self-calibrate when the device is first attached to the user's wrist (e.g., detected using the optical and/or capacitance sensors)”, paragraph [0074]).
Regarding claim 39, Lor discloses that the PPG module is configured to measure at least one of oxygen saturation (spO2), heart rate, or heart rate variability (HRV) (“ the determined user's heart rate (related to the blood oxygen activity measured using the PPG sensors)”, paragraph [0058]).
Regarding claim 40, Lor discloses that the PPG module is configured to remove noise from signals measured by the PPG module (“The systems and methods disclosed can include analysis and feedback to a user regarding the user's performance (e.g., sports performance), noise reduction and/or cancellation”, paragraph [0021], and “Additionally or alternatively, the wearable device can use one or more sensors for noise reduction and/or cancellation. For example, adjacent EMG sensors 738 can experience the same amount of electrical activity from the user's muscles. If the signals from the adjacent EMG sensors 738 vary (e.g., a non-zero differential exists), then a processor or controller can utilize the information to subtract, scale, or execute an algorithmic function to reduce or cancel the noise.”, paragraph [0075]).
Regarding claim 41, Lor discloses that the port of the central pod includes a plurality of pins, the plurality of pins configured to transfer the at least one of the data or the electrical energy between the central pod and a secondary device coupled to the central pod (“wearable device 200 can include electrical connector 210 that can be used to provide a wired connection to host device 202 and/or to other devices (e.g., by using suitable cables). For example, connector 210 can be used to connect to a power supply to charge an onboard battery of wearable device 200.”, paragraph [0028] and “Connector interface 310 can allow wearable device 300 to communicate with various host devices via a wired communication path, for example, using Universal Serial Bus (USB), universal asynchronous receiver/transmitter (UART), or other protocols for wired data communication. In some examples, connector interface 310 can provide a power port, allowing wearable device 300 to receive power, for example, to charge battery 340. For example, connector interface 310 can include a connector such as a mini-USB connector or a custom connector”, paragraph [0042]).
Regarding claim 42, Lor discloses that the plurality of pins are located on a surface approximately orthogonal to the PPG module surface (element 110 is shown in Figure 2 as being approximately orthogonal to the PPG module surface, which is located on the opposite side of the face portion 204 from touchscreen display 205. Element 110 is not identified in the specification, but there is an element 210 identified in the specification as the electrical connector to connected to a power supply to charge an onboard battery of wearable device 200, paragraph [0028]. Because all of the reference numerals in Figure 2 apart from 110 begin with a 2 and reference numeral 110 is not found in the specification, it is understood that element 110 in Figure 2 corresponds to the description of element 210 found in the specification.).
Regarding claim 43, Lor discloses the secondary device 202, the secondary device being removably couplable to the plurality of pins, the secondary device configured to transfer the at least one of the data or the electrical energy to the central pod (“Host device 202 can communicate wirelessly with wearable device 200 using, for example, protocols such as Bluetooth or Wi-Fi. In some examples, wearable device 200 can include electrical connector 210 that can be used to provide a wired connection to host device 202 and/or to other devices (e.g., by using suitable cables). For example, connector 210 can be used to connect to a power supply to charge an onboard battery of wearable device 200.”, paragraph [0028]).
Regarding claim 44, Lor discloses that the one or more sensors of the central pod include a temperature sensor (“Other sensors can also be included in addition to, or instead of, these examples. For example, a sound sensor can incorporate microphone 326 together with associated circuitry and/or program code to determine, for example, a decibel level of ambient sound. Temperature sensors, proximity sensors, ultrasound sensors, or the like can also be included.”, paragraph [0045]).
Regarding claim 45, Lor discloses that the one or more sensors of the central pod include an accelerometer 342 (“For example, device sensors 314 can include accelerometer 342, magnetometer 344, gyroscopic sensor 346, GPS (global positioning system) receiver 348, optical sensors 362, and barometric sensors 364.”, paragraph [0044]).
Regarding claim 46, Lor discloses that the wearable band is composed of at least one of: a biocompatible material, a stretchable material (“allowing wearable device 200 to be put on and taken off by stretching a band formed by strap 206 connecting to face portion 204.”, paragraph [0026]), a sterilizable material, an insulating material, or a high friction material (“strap 206 can include a flexible material (e.g., fabrics, flexible plastics, leather, chain links, or flexibly interleaved plates or links made of metal or other rigid materials)”, paragraph [0024]).
Regarding claim 48, Lor discloses that at least one of the plurality of sensor electrodes is at least partially encased in the wearable band (“elastic sections 405 can include one or more electrodes embedded at least partially within the elastic section”, paragraph [0057]).
Regarding claim 51, Lor discloses a portable biometric monitoring device 200/300/400/ 600/700, comprising: a central pod 204/402/602/702 (see Figures 2-4C and 6-7B) including: one or more sensors configured to contact tissue of a subject and to measure physiological data of the subject (device sensors 314 shown in Figure 3, which are different from the strap sensors 316); and a port 210/310 configured to be coupled to electrical contacts of a secondary device (“wearable device 200 can include electrical connector 210 that can be used to provide a wired connection to host device 202 and/or to other devices (e.g., by using suitable cables). For example, connector 210 can be used to connect to a power supply to charge an onboard battery of wearable device 200.”, paragraph [0028], “connector interface 310 and/or RF interface 308 can be used to support synchronization operations in which data can be transferred from a host device to wearable device 300 (or vice versa).”, paragraph [0043]); a wearable band 206/404/604/704 removably couplable to the central pod (see Figures 2-4C and 6-7B and “Strap 206 (also referred to herein as a wristband or wrist strap) can be provided to allow device 200 to be removably worn (e.g., around the user's wrist) by the user.”, paragraph [0024], with similar descriptions for all straps), the wearable band configured to be worn around a bodily structure of a subject to hold an interior side of the central pod against a skin of the subject(“Strap 206 (also referred to herein as a wristband or wrist strap) can be provided to allow device 200 to be removably worn (e.g., around the user's wrist) by the user.”, paragraph [0024], with similar descriptions for all straps); a plurality of sensor electrodes 318/338/350/352/438/452/618/718/738 (see Figures 2-4C and 6-7B) configured to be in contact with the skin of the subject when the wearable band is worn around the bodily structure (“Electrodes 438 can be configured as electromyography (EMG) sensors, which can sense muscle activity by measuring electrical activity. In some examples, electrodes 438 can be disposed on elastic section 405 such that an exposed surface of electrodes 438 can contact the user's wrist (e.g., contacting the inner side of strap 404).”, paragraph [0057] and “Strap 604 can include a plurality of capacitance sensors 618. Plurality of capacitance sensors 618 can be located on the inner side (i.e., side facing the underbody of the wearable device body) of strap 604. In some examples, plurality of capacitance sensors 618 can also be located at least partially on the outer side of strap 604. Plurality of capacitance sensors 618 can be configured to sense one or more changes in capacitance due to, for example, the increased (or decreased) capacitive coupling as the user's wrist applies force to the electrodes.”, paragraph [0064]), the plurality of sensor electrodes configured to measure additional physiological data of the subject in addition to the physiological data measured by the one or more sensors of the central pod and to transfer the additional physiological data to the central pod (“In some examples, strap holders 604 and 608 can include one or more electrical connections for transmitting signals from the one or more sensors (e.g., capacitance sensors 618) to the body (e.g., including face member 602) of the wearable device.”, paragraph [0065]); the central pod being configured to transfer the physiological data and the additional physiological data to the secondary device when the electrical contacts of the secondary device are coupled to the central pod and when the central pod is coupled to the wearable band and the wearable band is worn around the bodily structure, such that the central pod is configured to transfer the physiological data and the additional physiological data to the secondary device while the one or more sensors and the plurality of the sensor electrodes continues to respectively measure the physiological data and the additional physiological data of the subject (“wearable device 200 can include electrical connector 210 that can be used to provide a wired connection to host device 202 and/or to other devices (e.g., by using suitable cables). For example, connector 210 can be used to connect to a power supply to charge an onboard battery of wearable device 200.”, paragraph [0028] and “Connector interface 310 can allow wearable device 300 to communicate with various host devices via a wired communication path, for example, using Universal Serial Bus (USB), universal asynchronous receiver/transmitter (UART), or other protocols for wired data communication. In some examples, connector interface 310 can provide a power port, allowing wearable device 300 to receive power, for example, to charge battery 340. For example, connector interface 310 can include a connector such as a mini-USB connector or a custom connector”, paragraph [0042]), the central pod further being configured to receive electrical energy from the secondary device for charging the central pod when the electrical contacts of the secondary device are coupled to the central pod and when the central pod is coupled to the wearable band and the wearable band is worn around the bodily structure (“In some examples, connector interface 310 can provide a power port, allowing wearable device 300 to receive power, for example, to charge battery 340. For example, connector interface 310 can include a connector such as a mini-USB connector or a custom connector”, paragraph [0042]).
Regarding claim 52, Lor discloses that the plurality of sensor electrodes includes at least one of: an electrodermal (EDA) sensor electrode, an electromyography (EMG) sensor electrode (“In some examples, on or more electromyography (EMG) sensors can be included to measure the user's electrical signals, and the user's muscle activity can be determined.”, paragraph [0021], “Electrodes 438 can be configured as electromyography (EMG) sensors”, paragraph [0057], and “Strap 704 can also include EMG sensors 738”, paragraph [0067]), an electrocardiogram (EKG) sensor electrode, an electroencephalogram (EEG) sensor electrode, a microfluidic sensor electrode, a pH sensor electrode, a glucose sensor electrode, a DNA sensor electrode, or a phosphate sensor electrode.
Regarding claim 53, Lor discloses one or more conductive channels 406/408/606/608/ 706/708 that electrically couple the plurality of sensor electrodes to the processor of the central pod when the wearable band is coupled to the central pod (“In some examples, strap holders 604 and 608 can include one or more electrical connections for transmitting signals from the one or more sensors (e.g., capacitance sensors 618) to the body (e.g., including face member 602) of the wearable device.”, paragraph [0065]).
Regarding claim 54, Lor discloses that the central pod is electrically isolated from the plurality of sensor electrodes when the wearable band is not coupled to the central pod (the strap holders are described as connecting the straps to the face members and absence such strap holders, there would be no connection between these elements and, thus, electrical isolation between these elements).
Claims 35-37, 44-46, and 48-54 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shim (U.S. 2018/0263501, previously cited). Regarding claim 35, Shim discloses a portable biometric monitoring device 100, comprising: a central pod 101 (see Figures 2, 3, and 7) including: one or more sensors configured to contact tissue of a subject (“an electrode positioned on the back surface of the main body”, Abstract) and to measure physiological data of the subject (“a biometric signal of the user acquired through the electrode”, Abstract); a port 160 (“The interface unit 160 serves as an interface with various types of external devices that can be coupled to the electronic device 100. The interface unit 160 may include one or more of wired or wireless headset ports, external power supply ports, wired or wireless data ports, memory card ports, ports for connecting a device having an identification module, audio input/output (I/O) ports, video I/O ports, and earphone ports. In some cases, the electronic device 100 may perform assorted control functions associated with a connected external device, in response to the external device being connected to the interface unit 160.”, paragraph [0076]); and a display screen 151 configured to display information associated with the subject (“The display unit 151 may be provided on the front surface of the main body 200. The display unit 151 can output information provided by a controller 180. The display unit 151 may include a touch sensor and may be implemented as a touch screen.”, paragraph [0161]); a wearable band 130 removably couplable to the central pod (see Figures 2, 9, and 7 and “The band portion 130 may be detachable from a main body 101 of the electronic device”, paragraph [0132]), the wearable band, when coupled to the central pod, being configured to be worn around a wrist of the subject such that the central pod is supported on the wrist, the central pod when supported on the wrist being arranged with the one or more sensors of the central pod in contact with a dorsal side of the wrist of the subject and the display screen facing outwards (see U1 in Figure 54); and a plurality of sensor electrodes 700 mounted to the wearable band (see Figure 7 and “The electrodes 700 may be provided on the band portion 130.”, paragraph [0166]) such that the wearable band is configured to maintain the plurality of sensor electrodes in contact with a ventral side of the wrist of the subject when the wearable band is worn around the wrist(“When the user wears the main body 101 and the band portion 130 on his/her wrist, the electrodes 700 may contact his/her wrist.”, paragraph [0166]), the plurality of sensor electrodes configured to measure additional physiological data of the subject in addition to the physiological data measured by the one or more sensors of the central pod (“The electrodes 700 may be configured to sense various biometric signals of the user. For example, the electrodes 700 may Electrodes 700 may be configured to measure electrocardiogram (ECG), galvanic skin response (GSR), and a skin temperature.”, paragraph [0166]). It is respectfully submitted that the recitation “the central pod when supported on the wrist further being couplable to a secondary device with a bottom surface of the secondary device being coupled to the display screen and one or more electrical contacts of the secondary device being coupled to the port to transfer at least one of data or electrical energy between the central pod and the secondary device without the central pod being removed from the wrist” fails to further define the claimed inventio over that of the prior art because it is directed to the ability of the device to couple with a secondary device that is not positively recited. Applicant is advised to claim the aspects of the portable biometric monitoring device that would result in the claimed coupling with the secondary device, specifically if there is a particular configuration of the port or the display that facilitates the coupling.
Regarding claim 36, Shim discloses that the plurality of sensor electrodes includes at least one of: an electrodermal (EDA) sensor electrode, an electromyography (EMG) sensor electrode, an electrocardiogram (EKG) sensor electrode (“Electrodes 700 may be configured to measure electrocardiogram (ECG)”, paragraph [0166]), an electroencephalogram (EEG) sensor electrode, a microfluidic sensor electrode, a pH sensor electrode, a glucose sensor electrode, a DNA sensor electrode, or a phosphate sensor electrode.
Regarding claim 37, Shim discloses that the central pod is electrically isolated from the plurality of sensor electrodes when the wearable band is not coupled to the central pod (the connector pins 620 are described as connecting the band portion to the main body 101 and absent this connection or connector pins, there would be no connection between these elements and, thus, electrical isolation between these elements).
Regarding claim 44, Shim discloses that the one or more sensors of the central pod include a temperature sensor 143 (see Figure 1 and “Other embodiments, the environment sensor may include a temperature sensor 143.”, paragraph [0074]).
Regarding claim 45, Shim discloses that the one or more sensors of the central pod include an accelerometer (“ the sensing unit 140 may include one or more of a proximity sensor 141, an illumination sensor 142, a touch sensor, an acceleration sensor”, paragraph [0074]).
Regarding claim 46, Shim discloses that the wearable band is composed of at least one of: a biocompatible material, a stretchable material (“For example, a synthetic resin, metal, a natural/artificial leather material, a material with high elasticity, or a combination thereof may be used.”, paragraph [0160]), a sterilizable material, an insulating material, or a high friction material.
Regarding claim 48, Shim discloses that at least one of the plurality of sensor electrodes is at least partially encased in the wearable band (see Figures 7 and 8 which show electrodes 700 embedded within band 130).
Regarding claim 49, Shim discloses that the wearable band includes a flexible printed circuit board (“the electrodes 700 may be provided on the rear surface of the band portion 130 and may be electrically connected to the connector pins 620 through a flexible printed circuit board (FPCB) or electric wires mounted inside the band portion 130.”, paragraph [0168]).
Regarding claim 50, Shim discloses that the central pod is configured to receive signals representative of the physiological data measured by the plurality of sensor electrodes and to transmit the signals to a compute device separate from the portable biometric monitoring device (“In some embodiments, another electronic device (which may be configured similarly to the electronic device 100) may be a wearable device, for example, a smart watch, a smart glass or a head mounted display (HIVID), which is able to exchange data with the electronic device 100 (or otherwise cooperate with the electronic device 100). The short-range communication module 114 may sense or recognize the wearable device, and permit communication between the wearable device and the electronic device 100. In addition, when the sensed wearable device is a device which is authenticated to communicate with the electronic device 100, the controller 180 may cause transmission of data processed in the electronic device 100 to the wearable device via the short-range communication module 114.”, paragraph [0089]).
Regarding claim 51, Shim discloses a portable biometric monitoring device 100, comprising: a central pod 101 (see Figures 2, 3, and 7) including: one or more sensors configured to contact tissue of a subject (“an electrode positioned on the back surface of the main body”, Abstract) and to measure physiological data of the subject (“a biometric signal of the user acquired through the electrode”, Abstract); and a port configured to be coupled to electrical contacts of a secondary device (“The interface unit 160 serves as an interface with various types of external devices that can be coupled to the electronic device 100. The interface unit 160 may include one or more of wired or wireless headset ports, external power supply ports, wired or wireless data ports, memory card ports, ports for connecting a device having an identification module, audio input/output (I/O) ports, video I/O ports, and earphone ports. In some cases, the electronic device 100 may perform assorted control functions associated with a connected external device, in response to the external device being connected to the interface unit 160.”, paragraph [0076]); a wearable band 130 removably couplable to the central pod (see Figures 2, 9, and 7 and “The band portion 130 may be detachable from a main body 101 of the electronic device”, paragraph [0132]), the wearable band configured to be worn around a bodily structure of a subject to hold an interior side of the central pod against a skin of the subject (“the user can wear the band portion 130 by winding the band portion 130 on his/her wrist.”, paragraph [0133]); a plurality of sensor electrodes 700 configured to be in contact with the skin of the subject when the wearable band is worn around the bodily structure (see Figure 7 and “The electrodes 700 may be provided on the band portion 130.”, paragraph [0166] and “When the user wears the main body 101 and the band portion 130 on his/her wrist, the electrodes 700 may contact his/her wrist.”, paragraph [0166]), the plurality of sensor electrodes configured to measure additional physiological data of the subject in addition to the physiological data measured by the one or more sensors of the central pod and to transfer the additional physiological data to the central pod (“The electrodes 700 may be electrically connected to electric elements mounted inside the main body 101 through the connector pins 620.”, paragraph [0168]); the central pod being configured to transfer the physiological data and the additional data to the secondary device when the electrical contacts of the secondary device are coupled to the central pod and when the central pod is coupled to the wearable band and the wearable band is worn around the bodily structure, such that the central pod is configured to transfer the physiological data and the additional physiological data to the secondary device while the one or more sensors and the plurality of sensor electrodes continues to respectively measure the physiological data and the additional physiological data of the subject (“The interface unit 160 serves as an interface with various types of external devices that can be coupled to the electronic device 100. The interface unit 160 may include one or more of wired or wireless headset ports, external power supply ports, wired or wireless data ports, memory card ports, ports for connecting a device having an identification module, audio input/output (I/O) ports, video I/O ports, and earphone ports. In some cases, the electronic device 100 may perform assorted control functions associated with a connected external device, in response to the external device being connected to the interface unit 160.”, paragraph [0076]), the central pod further being configured to receive electrical energy from the secondary device for charging the central pod when the electrical contacts of the secondary device are coupled to the central pod and when the central pod is coupled to the wearable band and the wearable band is worn around the bodily structure (“The power supply unit 190 may include a connection port. The connection port may be configured as one example of the interface unit 160 to which an external charger for supplying power to recharge the battery is electrically connected.”, paragraph [0123]).
Regarding claim 52, Shim discloses that the plurality of sensor electrodes includes at least one of. an EDA sensor electrode, an electromyography (EMG) sensor electrode, an electrocardiogram (EKG) sensor electrode (“Electrodes 700 may be configured to measure electrocardiogram (ECG)”, paragraph [0166]), an electroencephalogram (EEG) sensor electrode, a microfluidic sensor electrode, a pH sensor electrode, a glucose sensor electrode, a DNA sensor electrode, or a phosphate sensor electrode.
Regarding claim 53, Shim discloses one or more conductive channels 620 that electrically couple the plurality of sensor electrodes to the processor of the central pod when the wearable band is coupled to the central pod (see Figure 8 and “The electrodes 700 may be electrically connected to electric elements mounted inside the main body 101 through the connector pins 620.”, paragraph [0168]).
Regarding claim 54, Shim discloses that the central pod is electrically isolated from the plurality of sensor electrodes when the wearable band is not coupled to the central pod (the connector pins 620 are described as connecting the band portion to the main body 101 and absent this connection or connector pins, there would be no connection between these elements and, thus, electrical isolation between these elements).
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 47 is rejected under 35 U.S.C. 103 as being unpatentable over Lor (U.S. 2018/0078183, cited above) in view of Armstrong et al. (U.S. 2015/0116125). Lor discloses the invention substantially as claimed, but fails to disclose that the wearable band is composed of silicone. Lor discloses that strap 206 “can include a flexible material (e.g., fabrics, flexible plastics, leather, chain links, or flexibly interleaved plates or links made of metal or other rigid materials)”, but fails to disclose silicone as a material to be used for the strap. Armstrong teaches an activity monitoring device that includes an electronic capsule 200 detachably secured inside a cavity 120 of wristband 100 (see Figures 1 and 2), where the material 110 of the wristband may comprise silicone (“In some embodiments, the flexible material 110 comprises silicone. Alternatively, the flexible material may comprise plastic, metal chain links, composite material, leather, synthetic leather, fabric, or other flexible materials.”, paragraph [0029]). It would have been obvious to one having ordinary skill in the art to substitute silicone for the material of the strap of Lor, as Armstrong teaches that silicone, flexible plastics, leather, and metal chain links are alternative materials to be used in the wristband or strap of a wearable activity monitoring device. As such, Armstrong recognizes that the taught materials are equivalents known for the same purpose, which can be substituted, and materials recognized as being selected based on their suitability for their intended use.
Response to Arguments
Applicant's arguments filed January 22, 2026 have been fully considered but they are not persuasive. Regarding the previously-indicated election by original presentation, the Applicant argues that the subject matter of claims 57-59 is not independent or distinct from the subject mattery of claims 35-54 because independent claims 35 and 57 both claim a central pod. While both independent claims may claim a central pod, the details of such a central pod differ and the details of the rest of the claims differ in such a way that an undue burden would be placed on the Examiner were restriction not required. As such, the restriction requirement remains.
Regarding the rejection of the claims as being anticipated separately by Lor and Shim, the Applicant argues that neither Lor nor Shim disclose a central pod that is couplable to a secondary device where the bottom surface of the secondary device is coupled to the display screen of the central pod and one or more electrical contacts of the secondary device are coupled to the port of the central pod. It is respectfully submitted that Applicant is arguing against something that is not positively claimed. The secondary device, including its bottom surface and electrical contacts, is not claimed, rather only the portable biometric monitoring device. If there is a specific configuration of the display or the port of the portable biometric monitoring device that allows a coupling to the particular secondary device, it is recommended that Applicant clearly amend the claims to encompass this difference. Further, regarding claim 51, the Applicant argues that neither Lor nor Shim discloses a central pod configured to transfer physiological data to a secondary device and receive electrical energy from the secondary device. This is not found persuasive because, as set out in the rejections above, both references disclose such (Lor: “In some examples, connector interface 310 can provide a power port, allowing wearable device 300 to receive power, for example, to charge battery 340. For example, connector interface 310 can include a connector such as a mini-USB connector or a custom connector”, paragraph [0042], and “connector interface 310 and/or RF interface 308 can be used to support synchronization operations in which data can be transferred from a host device to wearable device 300 (or vice versa).”, paragraph [0043]; Shim: (“The interface unit 160 serves as an interface with various types of external devices that can be coupled to the electronic device 100. The interface unit 160 may include one or more of wired or wireless headset ports, external power supply ports, wired or wireless data ports, memory card ports, ports for connecting a device having an identification module, audio input/output (I/O) ports, video I/O ports, and earphone ports. In some cases, the electronic device 100 may perform assorted control functions associated with a connected external device, in response to the external device being connected to the interface unit 160.”, paragraph [0076], and (“The power supply unit 190 may include a connection port. The connection port may be configured as one example of the interface unit 160 to which an external charger for supplying power to recharge the battery is electrically connected.”, paragraph [0123]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/TAMMIE K MARLEN/Primary Examiner, Art Unit 3796
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