Prosecution Insights
Last updated: April 19, 2026
Application No. 17/760,608

WEARABLE STRAIN SENSOR FOR MEASURING RESPIRATION RATE AND VOLUME

Final Rejection §103
Filed
Mar 15, 2022
Examiner
HALPRIN, MOLLY SARA
Art Unit
3791
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Makani Science Inc.
OA Round
4 (Final)
25%
Grant Probability
At Risk
5-6
OA Rounds
3y 2m
To Grant
99%
With Interview

Examiner Intelligence

Grants only 25% of cases
25%
Career Allow Rate
3 granted / 12 resolved
-45.0% vs TC avg
Strong +90% interview lift
Without
With
+90.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
48 currently pending
Career history
60
Total Applications
across all art units

Statute-Specific Performance

§101
11.0%
-29.0% vs TC avg
§103
45.6%
+5.6% vs TC avg
§102
22.3%
-17.7% vs TC avg
§112
21.1%
-18.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 12 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Amendment In response to amendments filed January 20, 2026, claims 1, 6, and 17 are amended. No additional claims were cancelled or added. Claims 1-10, 12-17, and 19-21 are pending. Response to Arguments Applicant’s arguments, see Remarks, filed January 20, 2026, with respect to rejections under 35 USC 112(a) have been fully considered and are persuasive. The 35 USC 112(a) rejections have been withdrawn. Applicant’s arguments with respect to the prior art rejections have been considered but are moot because the new ground of rejection does not rely on the same reference combination applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. A new ground(s) of rejection is made in view of the combinations of Baxi (US 20190209028 A1), Xu (US 20190000341 A1), Tanaka (US 20190069833 A1), Varadan (US 20170225447 A1), Derchak (US 20060258914 A1), and Lor (US 20170094796 A1). 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. Claim(s) 1-2, 4, 6, 9-10, 12, 14-15, 17, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baxi (US 20190209028 A1) in view of Xu (US 20190000341 A1). Regarding claim 1, Baxi teaches an electrical connection (system 300) for connecting a flexible and deformable sensor (patch 302, stretch sensor 316, ECG electrodes 310) to a circuit (flex circuit 332), comprising a connecting region (stretch limiting patch 314, substrate material 308) attached to a sensor connection pad (contact pads 320, electrodes 310) of the flexible and deformable sensor, and a conductive connector (solder/conductive adhesive 712) attached to the connecting region, wherein the conductive connector (solder/conductive adhesive 712) is electrically coupled to the sensor connection pad (contact pads 320, electrodes 310) and a circuit connection pad (contact pads 338) of the circuit ([0047] “The flex circuit 332 as illustrated includes contact pads 338. The contact pads 338 can be situated to align with the contact pads 320. The contact pads 338 can be in electrical and mechanical contact [e.g., by solder or a conductive adhesive] with the contact pads 320, such as to provide electrical signals from the contact pads 320 [e.g., from the electrodes 310 or stretch sensor 316] to the flex circuit 332”), wherein the connecting region comprises a material that is flexible, non-stretchable, and incompressible to maintain the electrical connection within an order of magnitude of parameters sensed by the sensor ([0035] “The stretch limiting patches 314 are positioned to help prevent breakage of other metallization, such as the electrodes 310, electrical junctions between the traces 312 and other metallization, pads 320, and/or the interconnect between the fabric 306 and the substrate 308. The stretch limiting patches 314 constrain the strain in the regions in and around the stretch limiting patches and help prevent over-stretching in areas that might otherwise break if the patch 302 is over-stretched.”). However, Baxi fails to disclose the connecting region being layered over the sensor to be enclosed by the sensor and circuit and distribute stress vertically across the three layers. Xu teaches a sensor assembly that reduces motion artifacts and improves electrocardiogram signal collection. Xu discloses wherein the connecting region (base layer 410, lower housing 812) is layered over the sensor (Fig. 9, barrier layer 430, conductive gel 440) and is enclosed by the sensor and the circuit (Fig. 1, Fig. 9; [0047] “the circuit board assembly 82 includes four electrodes… to be connected to the output electrode on the sensor accessory 100 [conductive layer 420].” [0068] “A conductive via hole 411 for penetrating two faces of the base layer 410 is further arranged on the base layer 410, and the conductive layer 420 [circuit connection] is electrically connected to the barrier layer 430 via a conductive medium in the conductive via hole 411. The conductive layer 420 is further electrically connected to the conductive gel 440 attached to the barrier layer 30 via the barrier layer 430 and the conductive via hole 411.”) such that stress is concentrated at the connecting region and distributed vertically across the sensor, the connecting region, and the circuit ([0072] “a vertical electrical connection between the sensor and the sensor accessory 100 may be realized without bending the base layer, such that the overall thickness of the sensor assembly is reduced; meanwhile, the abnormalities, such as circuit breakage, of the base layer caused by bending are avoided, and the stability of the sensor accessory 100 is improved.”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrical connection of Baxi to include the connecting region being layered over the sensor and enclosed by the sensor and circuit, distributing stress vertically across the three layers, as disclosed in Xu to improve the ability to reduce sensor assembly thickness while preventing circuit breakage and improving accuracy (Xu [0072]). Regarding claim 2, the combination of Baxi/Xu discloses the electrical connection of claim 1 (Baxi: system 300), wherein the connecting region comprises a flexible connector (Baxi: stretch limiting patch 314, substrate 308). Regarding claim 4, the combination of Baxi/Xu discloses the electrical connection of claim 1 (Baxi: system 300), wherein the conductive connector comprises a conductive adhesive, paste, or liquid (Baxi: solder/conductive adhesive 712; [0047] “The contact pads 338 can be in electrical and mechanical contact [e.g., by solder or a conductive adhesive] with the contact pads 320, such as to provide electrical signals from the contact pads 320 [e.g., from the electrodes 310 or stretch sensor 316] to the flex circuit 332”). Regarding claim 6, Baxi teaches a sensor device (system 300) comprising: a. a flexible and deformable sensor (patch 302, stretch sensor 316, electrodes 310) having one or more sensor connection pads (contact pads 320, electrodes 310); b. a flexible connector (stretch limiting patch 314, substrate material 308) disposed on the one or more sensor connection pads (electrodes 310, contact pads 320), wherein the flexible connector includes one or more apertures aligned with the one or more sensor connection pads such that at least a portion of the one or more sensor connection pads is exposed through the one or more apertures (Fig. 3), wherein the flexible connector comprises a material that is flexible, non-stretchable, and incompressible (stretch limiting patch 314); c. one or more conductive connectors disposed on the flexible connector, wherein each conductive connector is contacting an exposed portion of the one or more sensor connection pads (solder/conductive adhesive 712; [0047] “The contact pads 338 can be in electrical and mechanical contact [e.g., by solder or a conductive adhesive] with the contact pads 320, such as to provide electrical signals from the contact pads 320 [e.g., from the electrodes 310 or stretch sensor 316] to the flex circuit 332”); and d. a circuit board (sensor node 330) having one or more circuit connection pads (pads 338) connected to the one or more conductive connectors (solder/conductive adhesive 712), wherein one circuit connection pad is connected to one conductive connector, wherein the one or more conductive connectors electrically couples the one or more circuit connection pads to the one or more sensor connection pads, thereby forming an electrical connection between the flexible and deformable sensor and the circuit board, wherein stress is not concentrated at a point of connection between the flexible connector and the one or more conductive connectors ([0047] “The flex circuit 332 as illustrated includes contact pads 338. The contact pads 338 can be situated to align with the contact pads 320. The contact pads 338 can be in electrical and mechanical contact [e.g., by solder or a conductive adhesive] with the contact pads 320, such as to provide electrical signals from the contact pads 320 [e.g., from the electrodes 310 or stretch sensor 316] to the flex circuit 332 [connected to sensor node 330)”; Fig. 3, Fig. 4). However, Baxi fails to disclose the flexible connector being layered over the sensor to be enclosed by the sensor and circuit and distribute stress vertically across the three layers. Xu discloses wherein the flexible connector (base layer 410, lower housing 812) is layered over the sensor (Fig. 9, barrier layer 430, conductive gel 440) and is enclosed by the sensor and the circuit board (Fig. 1, Fig. 9; [0047] “the circuit board assembly 82 includes four electrodes… to be connected to the output electrode on the sensor accessory 100 [conductive layer 420].” [0068] “A conductive via hole 411 for penetrating two faces of the base layer 410 is further arranged on the base layer 410, and the conductive layer 420 [circuit connection] is electrically connected to the barrier layer 430 via a conductive medium in the conductive via hole 411. The conductive layer 420 is further electrically connected to the conductive gel 440 attached to the barrier layer 30 via the barrier layer 430 and the conductive via hole 411.”) such that stress is concentrated at the flexible connector and distributed vertically across the sensor, the flexible connector and the circuit board ([0072] “a vertical electrical connection between the sensor and the sensor accessory 100 may be realized without bending the base layer, such that the overall thickness of the sensor assembly is reduced; meanwhile, the abnormalities, such as circuit breakage, of the base layer caused by bending are avoided, and the stability of the sensor accessory 100 is improved.”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrical connection of Baxi to include the flexible connector being layered over the sensor and enclosed by the sensor and circuit, distributing stress vertically across the sensor, as disclosed in Xu to improve the ability to reduce sensor assembly thickness while preventing circuit breakage and improving accuracy (Xu [0072]). Regarding claim 9, the combination of Baxi/Xu discloses the sensor device of claim 6 (Baxi: system 300), wherein the flexible and deformable sensor (Baxi: patch 302) includes a sensing portion (Baxi: stretch sensor 316 [part of metallization/components 710]) juxtaposed between a top layer (Baxi: Fig. 7, substrate 308; [0031] “The substrate material 308 can include a material, such as thermo-plastic polyurethane [TPU], silicone and/or polydimethylsiloxane [PDMS], poly [lactic acid] based polymers or co-polymers, other bio-compatible tri-block copolymers, thermosets [e.g., polyuria], polydimethylsiloxane [PDMS], among others”) and a bottom layer of an elastomeric material such that the sensing portion is encapsulated by the elastomeric material (Baxi: Fig. 7, [0057] “the metallization/components 710 includes an adhesive layer thereon, such as to help the device 500 attach too skin of a user. The adhesive layer can include silicone”). Regarding claim 10, the combination of Baxi/Xu discloses the sensor device of claim 9 (Baxi: system 300), wherein the elastomeric material is silicone (Baxi: Fig. 7, [0057] “metallization/components 710 includes an adhesive layer thereon… silicone”). Regarding claim 12, the combination of Baxi/Xu discloses the sensor device of claim 6 (Baxi: system 300), wherein the one or more conductive connectors comprise a conductive adhesive, paste, or liquid (Baxi: solder/conductive adhesive 712; [0047] “The contact pads 338 can be in electrical and mechanical contact [e.g., by solder or a conductive adhesive] with the contact pads 320, such as to provide electrical signals from the contact pads 320 [e.g., from the electrodes 310 or stretch sensor 316] to the flex circuit 332)”. Regarding claim 14, the combination of Baxi/Xu discloses the sensor device of claim 6 (Baxi: system 300), further comprising a circuit (Baxi: flex circuit 332) connecting the circuit board (Baxi: sensor node 330) to the one or more circuit connection pads contact (Baxi: pads 338). Regarding claim 15, the combination of Baxi/Xu discloses the sensor device of claim 14 (Baxi: system 300), wherein the circuit (Baxi: flex circuit 332) is a flexible conductor configured to mechanically isolate the flexible and deformable sensor (Baxi: patch 302) from the circuit board (Baxi: sensor node 330) configured to be disconnected from and re-attached to the circuit board and the flexible and deformable sensor (Baxi: [0063] “The connector 1202 also includes a releasable attachment mechanism that secures the flex circuit 332 to the sensor node 330. Using the connector 1202, instead of hardwiring or soldering the flex circuit 332 to the sensor node 330, allows the sensor node 330 [and possibly even the flex circuit 332 depending on the electrical and/or mechanical connections between the flex circuit 332 and the substrate 308] to be reusable”). Regarding claim 17, Baxi teaches a method of connecting a flexible and deformable sensor to a circuit (system 300), comprising: a. attaching a flexible connector (stretch limiting patch 314, substrate material 308) to a sensor connection pad (contact pads 320) of the flexible and deformable sensor (patch 302, stretch sensor 316, ECG electrodes 310) such that at least a portion of the sensor connection pads is exposed through the flexible connector (Fig. 3), wherein the flexible connector comprises a material that is flexible, non-stretchable, and incompressible (stretch limiting patch 314). b. attaching a conductive connector (solder/conductive adhesive 712) to the flexible connector (stretch limiting patch 314, substrate material 308; [0054] “The solder/conductive adhesive 712 electrically and mechanically connects the flex circuit 332 to the metallization/components 710 that are attached to the substrate 308”) such that the conductive connector is contacting the exposed portion of the sensor connection pad ([0047] “The contact pads 338 can be in electrical and mechanical contact (e.g., by solder or a conductive adhesive) with the contact pads 320, such as to provide electrical signals from the contact pads 320 (e.g., from the electrodes 310 or stretch sensor 316) to the flex circuit 332”). However, Baxi fails to disclose the flexible connector being layered over the sensor to be enclosed by the sensor connection pad and the conductive connector. Xu discloses wherein the flexible connector (base layer 410, lower housing 812) is layered over the sensor connection pad (Fig. 9, barrier layer 430, conductive gel 440) and is enclosed by the sensor connection pad and the conductive connector such that stress is concentrated at the flexible connector and distributed vertically across the sensor connection pad, the flexible connector, and the conductive connector (Fig. 9; [0068] “A conductive via hole 411 for penetrating two faces of the base layer 410 is further arranged on the base layer 410, and the conductive layer 420 [circuit connection] is electrically connected to the barrier layer 430 via a conductive medium in the conductive via hole 411. The conductive layer 420 is further electrically connected to the conductive gel 440 attached to the barrier layer 30 via the barrier layer 430 and the conductive via hole 411. The conductive via hole 411 is formed by coating a conductive medium on a hole wall of the through hole penetrating two faces of the base layer 410, or is formed by injecting a conductive medium in the through hole.”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Baxi to include the flexible connector being layered over the sensor to be enclosed by the sensor connection pad and the conductive connector, distributing stress vertically across the three layers, as disclosed in Xu to improve the ability to reduce sensor assembly thickness while preventing circuit breakage and improving accuracy (Xu [0072]). The combination of Baxi/Xu discloses: c. attaching a circuit connection pad (Baxi: contact pads 338) of the circuit to the conductive connector (Baxi: solder/conductive adhesive 712; Fig. 7; [0047] “The contact pads 338 can be in electrical and mechanical contact [e.g., by solder or a conductive adhesive] with the contact pads 320, such as to provide electrical signals from the contact pads 320 [e.g., from the electrodes 310 or stretch sensor 316] to the flex circuit 332;” Xu: [0047] “the circuit board assembly 82 includes four electrodes… to be connected to the output electrode on the sensor accessory 100 [conductive layer 420].” [0068] “The conductive layer 420 is further electrically connected to the conductive gel 440 attached to the barrier layer 30 via the barrier layer 430 and the conductive via hole 411.”). Regarding claim 20, the combination of Baxi/Xu discloses the method of claim 17 (Baxi: system 300), wherein the conductive connector comprises a conductive adhesive, paste, or liquid (Baxi: solder/conductive adhesive 712; [0047] “The contact pads 338 can be in electrical and mechanical contact [e.g., by solder or a conductive adhesive]”). Claim(s) 3, 8, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Baxi (US 20190209028 A1) in view of Xu (US 20190000341 A1), and in further view of Tanaka (US 20190069833 A1). Regarding claim 3, the combination of Baxi/Xu discloses the electrical connection of claim 2 (Baxi: system 300), wherein the flexible connector is substantially coplanar with the connection, comprising an insulating material with insulating properties in that plane (Baxi: Fig. 3; [0031] “The substrate material 308 can include a material, such as thermo-plastic polyurethane [TPU], silicone and/or polydimethylsiloxane [PDMS], poly [lactic acid] based polymers or co-polymers, other bio-compatible tri-block copolymers, thermosets [e.g., polyuria], polydimethylsiloxane [PDMS], among others”). However, the combination of Baxi/Xu fails to explicitly disclose the flexible connector is an adhesive material, although many of the above mentioned materials are commonly used as adhesives or as the base for adhesive formulations. Tanaka teaches a respiratory condition detection device that detects a person's respiratory condition. Tanaka discloses the flexible connector is an adhesive material ([0060] “The adhesive layer 10 is a member that attaches the detector 8 to the pharyngeal portion 6 and that conveys vibration of the pharyngeal portion 6 to the detector 8. The adhesive layer 10 of the present embodiment is configured such that both sides thereof in the thickness direction C are sticky [such as a double-sided adhesive tape]. In a state before use illustrated in FIG. 3B, the adhesive layer 10 is adhered to both the detector 8 and the separator 13”; Figs 3A-C). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Baxi/Xu to include an adhesive flexible connector as disclosed in Tanaka to improve the ability to follow skin movement and increase the sensitivity and accuracy of the detector (Tanaka [0080]). Regarding claim 8, the combination of Baxi/Xu discloses the sensor device of claim 6 (Baxi: system 300), wherein the flexible connector is comprising an insulating material disposed substantially coplanar to the sensor connection pad (Baxi: Fig. 3; [0031] “The substrate material 308 can include a material, such as thermo-plastic polyurethane [TPU], silicone and/or polydimethylsiloxane [PDMS], poly [lactic acid] based polymers or co-polymers, other bio-compatible tri-block copolymers, thermosets [e.g., polyuria], polydimethylsiloxane [PDMS], among others”). However, the combination of Baxi/Xu fails to disclose the flexible connector is a double-sided adhesive. Tanaka discloses the flexible connector is a double-sided adhesive ([0060] “The adhesive layer 10 is a member that attaches the detector 8 to the pharyngeal portion 6 and that conveys vibration of the pharyngeal portion 6 to the detector 8. The adhesive layer 10 of the present embodiment is configured such that both sides thereof in the thickness direction C are sticky [such as a double-sided adhesive tape]. In a state before use illustrated in FIG. 3B, the adhesive layer 10 is adhered to both the detector 8 and the separator 13”; Figs 3A-C). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Baxi/Xu to include a double-sided adhesive flexible connector as disclosed in Tanaka to improve the ability to follow skin movement and increase the sensitivity and accuracy of the detector (Tanaka [0080]). Regarding claim 19, the combination of Baxi/Xu discloses the method of claim 17 (Baxi: system 300), wherein the flexible connector is comprising an insulating material disposed substantially coplanar to the sensor connection pad (Baxi: Fig. 3; [0031] “The substrate material 308 can include a material, such as thermo-plastic polyurethane [TPU], silicone and/or polydimethylsiloxane [PDMS], poly [lactic acid] based polymers or co-polymers, other bio-compatible tri-block copolymers, thermosets [e.g., polyuria], polydimethylsiloxane [PDMS], among others”). However, the combination of Baxi/Xu fails to disclose the flexible connector is a double-sided adhesive. Tanaka discloses the flexible connector is a double-sided adhesive ([0060] “The adhesive layer 10 is a member that attaches the detector 8 to the pharyngeal portion 6 and that conveys vibration of the pharyngeal portion 6 to the detector 8. The adhesive layer 10 of the present embodiment is configured such that both sides thereof in the thickness direction C are sticky (such as a double-sided adhesive tape). In a state before use illustrated in FIG. 3B, the adhesive layer 10 is adhered to both the detector 8 and the separator 13”; Figs 3A-C). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Baxi/Xu to include a double-sided adhesive flexible connector as disclosed in Tanaka to improve the ability to follow skin movement and increase the sensitivity and accuracy of the detector (Tanaka [0080]). Claim(s) 5, 13, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Baxi (US 20190209028 A1) in view of Xu (US 20190000341 A1), and in further view of Varadan (US 20170225447 A1). Regarding claim 5, the combination of Baxi/Xu discloses the electrical connection of claim 4 (Baxi: system 300), wherein the conductive connector (Baxi: solder/conductive adhesive 712). However, the combination of Baxi/Xu fails to disclose the conductive connector comprises silver epoxy. Varadan teaches a process for large scale manufacturing of nanosensor systems for sensing pathophysiological signals. Varadan discloses the conductive connector comprises silver epoxy ([0034] “The break out circuit/connector 4 may be connected to the conductive tracks 3 by using cold soldering options such as silver epoxy using precision dispensing gun”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Baxi/Xu to include silver epoxy as disclosed in Varadan to provide electrical connection and mechanical support to the electronics (Varadan [0034]). Regarding claim 13, the combination of Baxi/Xu discloses the sensor device of claim 6 (Baxi: system 300), wherein the one or more conductive connectors (Baxi: solder/conductive adhesive 712). However, the combination of Baxi/Xu fails to disclose the conductive connectors comprise silver epoxy. Varadan discloses the conductive connector comprises silver epoxy ([0034] “The break out circuit/connector 4 may be connected to the conductive tracks 3 by using cold soldering options such as silver epoxy using precision dispensing gun”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Baxi/Xu to include silver epoxy as disclosed in Varadan to provide electrical connection and mechanical support to the electronics (Varadan [0034]). Regarding claim 21, the combination of Baxi/Xu discloses the method of claim 17 (Baxi: system 300), wherein the conductive connector (Baxi: solder/conductive adhesive 712). However, the combination of Baxi/Xu fails to disclose the conductive connector comprises silver epoxy. Varadan discloses the conductive connector comprises silver epoxy ([0034] “The break out circuit/connector 4 may be connected to the conductive tracks 3 by using cold soldering options such as silver epoxy using precision dispensing gun”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Baxi/Xu to include silver epoxy as disclosed in Varadan to provide electrical connection and mechanical support to the electronics (Varadan [0034]). Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Baxi (US 20190209028 A1) in view of Xu (US 20190000341 A1), and in further view of Derchak (US 20060258914 A1). Regarding claim 7, the combination of Baxi/Xu discloses the sensor device of claim 6 (Baxi: system 300), wherein the sensor device is configured to measure respiration rate (Baxi: [0036] “The resistance value can be interpreted, modified, or otherwise analyzed to determine a respiration rate and/or heart rate of the individual wearing the system 300”). However, the combination of Baxi/Xu fails to disclose the sensor device is configured to measure respiration volume. Derchak teaches monitoring garments for non-invasively monitoring physiological parameters in un-restrained and/or restrained animals. Derchak discloses the sensor device is configured to measure respiration volume ([0015] “Size sensors positioned at one or more levels of an animal's trunk or torso, e.g., at an abdominal level and/or at a rib cage level, provide size data that can be usefully interpreted, according a two-component breathing model calibrated for a particular animal, to determine the animal's respiratory rates and volumes, e.g., tidal volumes”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Baxi/Xu to be configured to measure respiration volume as disclosed in Derchak to enable non-invasive monitoring of the physiological and biological systems of unrestrained animals and detect any adverse effects during pre-clinical tests required to demonstrate that a proposed compound is safe to administer to humans (Derchak [0003]). Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over Baxi (US 20190209028 A1) in view of Xu (US 20190000341 A1), and in further view of Lor (US 20170094796 A1). Regarding claim 16, the combination of Baxi/Xu discloses the sensor device of claim 15 (Baxi: system 300), wherein the circuit is re-attached to the circuit board via a connector clip (Baxi: [0063] “connector 1202 also includes a releasable attachment mechanism that secures the flex circuit 332 to the sensor node 330”), wherein the connector clip is a zero-insertion force connector. However, the combination of Baxi/Xu fails to disclose a zero-insertion force connector. Lor teaches systems and methods for forming a circuit assembly for an electronic device. Lor discloses a zero-insertion force connector ([0030] “the electrical connector 112 includes a zero-insertion force [ZIF] connector that is configured to receive a flexible circuit or conduit. The electrical connector 112 may also be configured to receive a board-to-board electrical connector that is attached to a separate circuit assembly or electrical component”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Baxi/Xu to include a zero-insertion force connector as disclosed in Lor to facilitate electrical connection using an easily removable or relatively serviceable electrical coupling, which may be advantageous over other more permanent electrical coupling techniques, such as soldering or reflowing techniques (Lor [0030]). 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOLLY HALPRIN whose telephone number is (703)756-1520. The examiner can normally be reached 12PM-8PM ET. 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, Robert (Tse) Chen can be reached at (571) 272-3672. 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. /M.H./Examiner, Art Unit 3791 /DEVIN B HENSON/Primary Examiner, Art Unit 3791
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Prosecution Timeline

Mar 15, 2022
Application Filed
Feb 14, 2025
Non-Final Rejection — §103
May 22, 2025
Response Filed
Jun 06, 2025
Final Rejection — §103
Aug 15, 2025
Response after Non-Final Action
Sep 15, 2025
Request for Continued Examination
Oct 01, 2025
Response after Non-Final Action
Oct 10, 2025
Non-Final Rejection — §103
Jan 20, 2026
Response Filed
Apr 01, 2026
Final Rejection — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
25%
Grant Probability
99%
With Interview (+90.0%)
3y 2m
Median Time to Grant
High
PTA Risk
Based on 12 resolved cases by this examiner. Grant probability derived from career allow rate.

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