DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/30/25 has been entered.
Response to Arguments
The previous claim objection is withdrawn in view of the amendments.
The previous 112a regarding “Claim 1 recites “photoplethysmography (PPG) sensor comprising: an optical source that outputs an optical signal for reflection or scattering by skin of the user;””. Is withdrawn in view of the amendments.
Applicant's arguments filed 6/30/25 have been fully considered but they are not persuasive.
With regards to the 112a rejection Examiner disagrees. As Applicant points out the reference has limited disclosure on this issue, with [0075] reciting “The wearable device will have the ability to identify and smartly handle durations of intermittent connectivity by leveraging on-device flash-storage.” While this provides a generic disclosure of intermittent activity, there are several approaches to “handle” intermittent connection (examiner also notes it can depend on what is meant by “intermittent”). Applicants claim isn’t directed to the generic concept of handling intermittent connectivity of which any of the various approaches could be used to reject but are claiming one of the specific approaches which then requires prior art showing the more specific approach. However, Applicants don’t seem to have disclosed the specifics of the approach in the originally filed specification, drawings or claims but have added it to the claims later which renders it new matter. Examiner notes that per MPEP, for one example MPEP 2161.01 “It is not enough that one skilled in the art could write a program to achieve the claimed function because the specification must explain how the inventor intends to achieve the claimed function to satisfy the written description requirement. See, e.g., Vasudevan Software, Inc. v. MicroStrategy, Inc., 782 F.3d 671, 681-683, 114 USPQ2d 1349, 1356, 1357 (Fed. Cir. 2015)", it not just if one could do it but it also needs to be explained that the particular approach applicant is using needs to be recited. As discussed above Applicants in the current case have disclosed a generic concept of handling intermittent connectivity but don’t provide more specifics and there are multiple ways of achieving this.
With regards to the 103 rejection Applicants arguments are directed to Toth regarding the specifics of the amendments. Examiner notes that the Toth reference is not as limited as applicants argue (see for example, [0102]-[0104] including “The data collection from each module may be coordinated through one or more modules and/or with a host device in accordance with the present disclosure”, [0133] including “the plurality of patch/modules may be configured to form at least part of a body area network (BAN). In aspects, the patch/modules may be wirelessly connected to a host device and/or to each other”) reciting the modules that one of the modules can coordinate collection. Regardless, Applicant’s arguments have been considered but are moot because the new grounds of rejection do not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged (the specifics of connectivity with storing or transmitting) in the argument.
Claim Rejections - 35 USC § 112
Claims 1-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1, 5 and 14 recite versions of “determine whether network connectivity enables transmission of the plethysmogram; cache the plethysmogram in memory in response to a determination that network connectivity is insufficient for transmission of the plethysmogram; and transmit the plethysmogram to a server in response to a determination that network connectivity enables transmission of the plethysmogram;” while the specification [0075] (using the Pg Pub for paragraph numbers) recites “The wearable device will have the ability to identify and smartly handle durations of intermittent connectivity by leveraging on-device flash-storage.” This section from the specification is related to the claim language but is a more abstract (or genus) discussion and does not provide the level of specificity to provide support for the claim language. Phrased differently [0075] recites the generic “handle” while the claims recite one specific way of handling it. For the above reason the claim does not have sufficient written description and is new matter.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tahmasebzadeh (Alireza Tahmasebzadeh et al., US 20180008016) hereinafter Tah in view of Venkatraman (Subramaniam Venkatraman et al., US 20140276119) hereinafter Ven in further view of Martin (Ana Trapero Martin et al., US 11207025) hereinafter Martin.
Regarding Claim 1, an interpretation of Tah discloses a modular wristband and sensor system comprising:
a sensor ([0060]-[0061], [0137], [0139], Figs. 11-12, 32A-C see also [0096]-[0097]) comprising:
a sensor conductive port ([0060]-[0061], [0137], [0139] Figs. 11-12, 32A-C see also [0096]-[0097]); and
heart rate sensor measuring pulse ([0129] including “peripheral module 2600 can be a heart rate monitor 2602, with an opening in the lower part for taking biometric measurements from the user”, [0139] including “The core module 3200 can be larger than the peripheral modules, and includes a microcontroller, and optionally can include . . . sensors”, [0148] including “heart rate monitor module for measuring pulse 3310”, Fig. 26A see also [0065]),
a hardware processor ([0005], [0139]-[0140]) and memory ([0139]) configured to:
provide wireless network connectivity for transmission of data to external devices ([0139] including “wireless communication technologies, such as Bluetooth that enables connectivity to other compatible devices”, [0143] see also [0065]);
a wristband comprising a wristband conductive port ([0060]-[0061], [0066], [0096]-[0097], [0141], Figs. 11-12, 2 32-35 see also [0125], [0137], [0139]; “wristband” could be a either the module 1100 of fig. 11 or a set of peripheral modules (which may or may not be “pass-through” modules), either option provides ports at either end for electrical/data communication)
that is electrically and removably connected to the sensor conductive port ([0060]-[0061], [0098] including “The connector can provide mechanical and electrical coupling of adjacent modules. While, a cylindrical connector is shown and described with respect to FIG. 12, the modules can be communicatively coupled using any known detachable coupling means capable of transmitting data and power.”, [0140], Figs. 11-12, 32A-C).
While Tah discloses the heart rate sensors monitor measuring pulse it may not explicitly disclose PPG that captures a plethysmogram indicative of blood volume changes in the microvascular bed of the skin of the user; transmit PPG sensor data from the wearable to an external device.
However, in the same field of endeavor (medical devices), Ven teaches PPG ([0126]-[0127], Figs. 3C-3D; Reference discloses PPG sensing using LED(s) and optical sensor(s) for sensing transmitted or reflected light) that captures a plethysmogram indicative of blood volume changes in the microvascular bed of the skin of the user PPG ([0126]-[0127], Figs. 3C-3D); transmit PPG sensor data from the wearable to an external device ([0349]-[0351], [0360], [0437] see also [0204]). Ven also discloses the transmission of data from an external device (such as an external chest sensor) through it to another device or server, including direct or indirect (relays) transmission ([0116], [0349] see also [0479]).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the modular band with a plurality of modules, modules with sensors including a heart rate sensor measuring pulse and connections between the modules for transmitting of data and/or power thorough the modules as recited by Tah to include a ppg sensor as recited by Ven because it provides a small device which is wearable relatively continuously and provide meaningful information on preconditions of, progress towards, and recoveries from diseases ([0003], [0114], [0423]). Furthermore, it would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the device as discussed above of Tah by combining it with the PPG sensor as recited by Ven because it is merely combining the PPG sensor as recited Ven into a sensing module as recited by Tah which is combining prior art elements according to known methods to yield predictable results.
An interpretation of Tah may not explicitly disclose determine whether network connectivity enables transmission of the sensor data; cache the sensor data in memory in response to a determination that network connectivity is insufficient for transmission of the sensor data; and transmit the sensor data to a server in response to a determination that network connectivity enables transmission of the sensor data;
However, in the same field of endeavor (diagnostic sensor system), Martin teaches determine whether network connectivity enables transmission of the sensor data (Col 14:50-57 including “device remains wirelessly connected to a smartphone, cloud server, or other computing device to transmit the processed patch data thereto”, Col 31:61-Col 32:14 including “continuously recording physiological signals and wirelessly transmitting data to another device. For example, the electronics module 1802 may be connected to a smartphone or a healthcare server via a wireless communications interface 1851 to continuously transmit data being captured by the device.”, Col 45:41-46 including “When the smart patch and smartphone are connected via a wireless link, the patch electronics module transmits data continuously to the smartphone at block 2122 when within wireless range. When not in range, the smart patch may store all the user data for automatic transmission to the smartphone when they come back within WiFi or BLE range.”, Col 47:16-25 see also Col 37:35-54; Martin discloses the wearable determining if it can transmit the senor data do so and if it cant then store the data locally for later transmission);
cache the sensor data in memory in response to a determination that network connectivity is insufficient for transmission of the sensor data (Col 31:61-Col 32:14, Col 45:41-46, Col 47:16-25); and
transmit the sensor data to a server in response to a determination that network connectivity enables transmission of the sensor data (Col 31:61-Col 32:14, Col 45:41-46, Col 47:16-25);
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the modular band with a plurality of modules, modules with sensors including a PPG sensor data and connections between the modules for transmitting of data and/or power thorough the modules and transmitting the data to an external device as recited by Tah in view of Ven to include the wearable transmitting data to an external device when it is able and storing the data for later transmission when it can’t currently transmit the data as recited by Martin because it ensures the data is not lost (Col 45:41-46). Furthermore, it would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the device as discussed above of Tah in view of Ven by combining the transmission of data as recited (Tah in view of Ven) with the specifics of conditional storing or transmitting as recited by Martin because it is merely combining prior art elements according to known methods to yield predictable results.
Regarding Claim 4, an interpretation of Tah further discloses wherein the system further comprises a battery band comprising a battery ([0006], [0129]-[0130], [0146], [0149] see also [0067], [0106]; Peripheral module with battery is a strip serving to join or hold things together thus falls within the definition of “battery band”. Examiner notes that Dan [0029] discusses material related to this claim), wherein the battery band is configured to be placed on a user's wrist alongside and adjacent to the wristband ([0006], [0067], [0106] including “The communicative coupling is configured to allow modules to be coupled in any order or arrangement and be interchangeable amongst other modules.”, [0129]-[0130], [0146], [0149]) such that the battery is adjacent to the sensor to provide power to the sensor ([0006], [0067], [0106] including “The communicative coupling is configured to allow modules to be coupled in any order or arrangement and be interchangeable amongst other modules.”, [0129]-[0130], [0146], [0149]).
Claim Rejections - 35 USC § 103
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tah in view of Ven in further view of Martin or, in the alternative, under 35 U.S.C. 103 as obvious over Tah in view of Ven in further view of Martin in further view of Hatanaka (Motohide Hatanaka et al., US 20160094259) hereinafter Hat.
Regarding Claim 2, an interpretation Tah further discloses wherein the sensor is a first sensor ([0060]-[0061], [0139] Figs. 11, 32A-C see also [0096]-[0097], [0137]; Core module is disclosed as having sensors) and the wristband is a first wristband segment ([0066], [0096]-[0097], [0141]),
the system further comprises a second sensor ([0065]-[0066], [0129] including “peripheral module 2600 can be a heart rate monitor 2602, with an opening in the lower part for taking biometric measurements from the user”, [0149]; can be a sensor of a second core module or a peripheral module. peripheral modules are recited as being various sensors including temperature, heart rate, GPS, microphone etc.) and a second wristband segment ([0060]-[0061], [0066], [0096]-[0097], [0141], Figs. 11-12, 32-35 see also [0125], [0137], [0139]; recites two “wristbands” one around each side of the wrist to a peripheral module on the other side of the wrist from the core module (first sensor)),
each of the first wristband segment and the second wristband segment conductively connects to both the first sensor and the second sensor ([0060]-[0061], [0096]-[0098], [0106], Figs. 11-12, 32A-C see also [0066], Figs. 33-35; recites two “wristbands” one around each side of the wrist which conductively connect to both a peripheral module (second sensor) and core module (first sensor) which are on opposite sides of the wrist),
the first sensor is conductively connected to the second sensor via wires embedded within the first wristband segment ([0060]-[0061], [0098], [0106] including “communicatively coupling a plurality of modules including peripheral modules and core modules (described below with respect to FIGS. 32A, 32B, and 32C). The communicative coupling amongst a plurality of modules allows modules to share features such as, data, processing power, battery, and display functionality.”, [0129] including “All electronic components are mounted on their own PCBs, which are assembled in the modules and wired to the male and female ports.”, [0137], [0140], Figs. 11-12, 32A-C see also [0066]-[0067], [0096]-[0097], Figs. 11-12, 32-35; Recites wires embedded in the “wristband” segments), and
the wires enable data transfer between the first sensor and the second sensor and power transfer from the first sensor to the second sensor ([0060]-[0061], [0098] including “The modules can be secured together by the connection port 1202 and are able to transfer data, clock signals and power to one another.”, [0106], [0137], [0140], Figs. 11-12, 32A-C see also [0066], [0096]-[0097], Figs. 11-12, 32-35).
While Tah recites the movement of power and data through intermediary modules and wires within the modules. If it is determined that this does not disclose wires embedded within the wristband then in the alternative, in the same field of endeavor (medical devices), Hat teaches wires embedded within the wristband segment ([0050] including “conductive components 304 a-c (such as wires) that connect to respective conductive portions of the respective pins 306 a-c”, Figs. 3A-7 see also [0031], [0047]; wires are embedded in the band links for the transfer of data and/or power).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the modular band with a plurality of modules including wired connections within the modules for transmitting of data and/or power thorough the modules as recited by Tah to include the wires connecting the different elements within in the link/wristband segments as recited by Hat because it is merely combining the prior art elements recited according to known methods to yield predictable results; using wires within the “wristband” segment as conductive pathways for transferring power and/or data.
Regarding Claim 3, an interpretation Tah further discloses wherein each of the first wristband segment and the second wristband segment conductively connects to the first sensor on opposing sides of the first sensor ([0060]-[0061], [0065]-[0066], [0096]-[0098], [0141], Figs. 11-12, 32-35 see also [0125], [0137], [0139], [0148]; recites two “wristbands” each connected a module opposite the other wristband. The wristbands each wrap around an opposite side of the wrist to conductively connect a peripheral module (second sensor) and core module (first sensor) which are on opposite sides of the wrist), and conductively connects to the second sensor on opposing sides of the second sensor ([0060]-[0061], [0065]-[0066], [0096]-[0098], [0141], Figs. 11-12, 32-35 see also [0125], [0137], [0139]).
While Tah recites the movement of power and data through intermediary modules and wires within the modules. If it is determined that this does not disclose wires embedded within the wristband then in the alternative, in the same field of endeavor (medical devices), Hat teaches wires embedded within the wristband segment ([0050] including “conductive components 304 a-c (such as wires) that connect to respective conductive portions of the respective pins 306 a-c”, Figs. 3A-7 see also [0031], [0047]; wires are embedded in the band links for the transfer of data and/or power).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the modular band with a plurality of modules including wired connections within the modules for transmitting of data and/or power thorough the modules as recited by Tah to include the wires connecting the different elements within in the link/wristband segments as recited by Hat because it is merely combining the prior art elements recited according to known methods to yield predictable results; using wires within the “wristband” segment as conductive pathways for transferring power and/or data.
Claim Rejections - 35 USC § 103
Claim(s) 5-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tah in view of Hat in further view of Toth (Landy Toth et al., US 20150351690) hereinafter Toth in further view of Martin.
Regarding Claim 5, an interpretation of Tah further discloses a modular wristband and sensor system comprising:
a wristband comprising a first sensor module connection port and a second sensor module connection port ([0060]-[0061], [0066], [0096]-[0097], [0141], Figs. 11-12, 2 32-35 see also [0081], [0085], [0125], [0137], [0139], Figs. 4-9; “wristband” could be a either the module 1100 of fig. 11 or a set peripheral module (which may or may not be “pass-through” modules), either option provides ports at either end for electrical/data communication.);
a first sensor module configured to be removably connected to the first sensor module connection port ([0060]-[0061], [0137]-[0139] Figs. 11-12, 32A-C see also [0096]-[0097]; Core module has processing, wireless transmitter for connecting with external devices and sensors including accelerometer, microphone etc.), the first sensor module comprising a remote communications module for outputting data to a server ([0138]-[0139] see also [0065]; to the extent “for . . .” is an intended use, the prior art device disclosed is structurally capable of performing the intended use); and
a second sensor module configured to be removably connected to the second sensor module connection port ([0065]-[0066], [0098], [0106], [0129] including “peripheral module 2600 can be a heart rate monitor 2602, with an opening in the lower part for taking biometric measurements from the user”, [0149]; can be a second core module or a peripheral module with sensors. Peripheral modules are recited as being various sensors including temperature, heart rate, GPS, microphone etc.) and output sensor data for transmittal via the first sensor module ([0006], [0138]-[0140]; data can be gathered by second sensor module and transmitted through the communications elements in the first sensor module);
wherein the first sensor module is communicatively connected to the second sensor module when the first sensor module and the second sensor module are respectively connected to the first sensor module connection port and the second sensor module connection port ([0060]-[0061], [0096]-[0098], [0137], [0140] including “The core module and connected peripheral modules of the device transfer data, clock signals and power to each other.”, [0146], Figs. 11-12, 2 32-35 see also [0125], [0139]);
wherein the first sensor module is configured to transfer data to external devices ([0139] including “wireless communication technologies, such as Bluetooth that enables connectivity to other compatible devices”, [0143] see also [0065]).
An interpretation of Tah may not explicitly disclose that multiple modules have wireless.
However, in the same field of endeavor (medical devices), Hat that multiple modules have wireless ([0042] including “it is understood that this is an example and that modular functional band links and/or the wearable device may communicate in a variety of different ways ( . . . wirelessly, and so on)”, [0058] including “the wearable device and/or one or more of the modular functional band links may communicate wirelessly” see also [0033], [0036]-[0038]; Examiner notes that Hat also recites the modules can also include sensors and communication elements).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the modular band with a plurality of modules including multiple modules with sensors which are communicatively connected to one another for transferring of data as recited by Tah to include multiple modules having wireless communication electronics as recited by Hat because the communication for data includes wireless communication as recited by Hat as such it is “Obvious to try” – Hat recites its understood that there are multiple known ways of communication and provides a finite number of identified, predictable solutions, with a reasonable expectation of success including wirelessly.
An interpretation of Tah may not explicitly disclose a sensor module configured to receive sensor data from one or more external sensors and relay the received sensor data via another sensor module.
However, in the same field of endeavor (medical devices), Toth teaches a sensor module configured to wirelessly receive sensor data from one or more external sensors and relay the received sensor data via another sensor module ([0102], [0133] mentions different network topologies for transferring data between sensing modules, user/mobile computing devices and host device including “star, line, mesh, tree, spanning tree, network topology to provide such communication.”, [0249] see also [0299], [0306]; Discloses relaying data received at a sensor module through other separate (external) sensor modules. Examiner notes that the claim element falls under one or more of the network topologies recited by the Toth reference.)
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the modular band with a plurality of modules, modules with sensors including a heart rate sensor measuring pulse, connections between the modules for transmitting of data and/or power thorough the modules as recited by Tah to include relaying data through other modules as recited by Toth because it is applying a known technique (the relaying of data through sensor modules as taught by Toth) to a known device (the device disclosed by Tah) ready for improvement to yield predictable results of relaying data from external sensors through the second sensor module and first module.
An interpretation of Tah may not explicitly disclose determine whether network connectivity enables transmission of the sensor data; cache the sensor data in memory in response to a determination that network connectivity is insufficient for transmission of the sensor data; and transmit the sensor data to a server in response to a determination that network connectivity enables transmission of the sensor data;
However, in the same field of endeavor (diagnostic sensor system), Martin teaches determine whether network connectivity enables transmission of the sensor data (Col 14:50-57 including “device remains wirelessly connected to a smartphone, cloud server, or other computing device to transmit the processed patch data thereto”, Col 31:61-Col 32:14 including “continuously recording physiological signals and wirelessly transmitting data to another device. For example, the electronics module 1802 may be connected to a smartphone or a healthcare server via a wireless communications interface 1851 to continuously transmit data being captured by the device.”, Col 45:41-46 including “When the smart patch and smartphone are connected via a wireless link, the patch electronics module transmits data continuously to the smartphone at block 2122 when within wireless range. When not in range, the smart patch may store all the user data for automatic transmission to the smartphone when they come back within WiFi or BLE range.”, Col 47:16-25 see also Col 37:35-54; Martin discloses the wearable determining if it can transmit the senor data do so and if it cant then store the data locally for later transmission);
cache the sensor data in memory in response to a determination that network connectivity is insufficient for transmission of the sensor data (Col 31:61-Col 32:14, Col 45:41-46, Col 47:16-25); and
transmit the sensor data to a server in response to a determination that network connectivity enables transmission of the sensor data (Col 31:61-Col 32:14, Col 45:41-46, Col 47:16-25);
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the disclosure of the modular band with a plurality of modules including modules with sensors, connections between the modules for transmitting of data and/or power thorough the modules and transmitting data to an external device as recited by Tah to include the wearable transmitting data to an external server when it is able and storing the data for later transmission when it can’t currently transmit the data as recited by Martin because it ensures the data is not lost (Col 45:41-46). Furthermore, it would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the device as discussed above of Tah by combining the transmission of data as recited by Tah with the specifics of conditional storing or transmitting as recited by Martin because it is merely combining prior art elements according to known methods to yield predictable results.
Regarding Claim 6, an interpretation of Tah further discloses wherein the first sensor module is distant from the second sensor module along the wristband ([0097], [0106]; “sensor” modules are on opposite sides of the wrist with “wristband(s)” between them).
Regarding Claim 7, an interpretation of Tah further discloses wherein the first sensor module houses a battery ([0139]-[0140], [0146]; core module is disclosed as including both sensors and an integrated battery).
Regarding Claim 8, an interpretation of Tah further discloses wherein the first sensor module is connected to the second sensor module via wires embedded within the wristband ([0060]-[0061], [0096]-[0098], [0129], [0137], [0140], [0146], Figs. 11-12, 2 32-35 see also [0125], [0139]), and wherein the wires provide power from the battery to the second sensor module ([0060]-[0061], [0096]-[0098], [0137], [0140] including “The core module and connected peripheral modules of the device transfer data, clock signals and power to each other.”, [0146], Figs. 11-12, 2 32-35 see also [0125], [0139]).
While Tah recites the movement of power and data through intermediary modules and wires within the modules. If it is determined that this does not disclose wires embedded within the wristband then in the alternative, in the same field of endeavor (medical devices), Hat teaches wires embedded within the wristband segment ([0050] including “conductive components 304 a-c (such as wires) that connect to respective conductive portions of the respective pins 306 a-c”, Figs. 3A-7 see also [0031], [0047]; wires are embedded in the band links for the transfer of data and/or power).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the modular band with a plurality of modules including wired connections within the modules for transmitting of data and/or power thorough the modules as recited by Tah to include the wires connecting the different elements within in the link/wristband segments as recited by Hat because it is merely combining the prior art elements recited according to known methods to yield predictable results; using wires within the “wristband” segment as conductive pathways for transferring power and/or data.
Regarding Claim 9, an interpretation of Tah further discloses wherein the wires further provide communication between the first sensor module and the second sensor module ([0060]-[0061], [0096]-[0098], [0129], [0137], [0140] including “The core module and connected peripheral modules of the device transfer data, clock signals and power to each other.”, [0146], Figs. 11-12, 2 32-35 see also [0125], [0139]).
While Tah recites the movement of power and data through intermediary modules and wires within the modules. If it is determined that this does not disclose wires embedded within the wristband then in the alternative, in the same field of endeavor (medical devices), Hat teaches wires within the wristband segment ([0050] including “conductive components 304 a-c (such as wires) that connect to respective conductive portions of the respective pins 306 a-c”, Figs. 3A-7 see also [0031], [0047]; wires are embedded in the band links for the transfer of data and/or power).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the modular band with a plurality of modules including wired connections within the modules for transmitting of data and/or power thorough the modules as recited by Tah to include the wires connecting the different elements within in the link/wristband segments as recited by Hat because it is merely combining the prior art elements recited according to known methods to yield predictable results; using wires within the “wristband” segment as conductive pathways for transferring power and/or data.
Regarding Claim 10, an interpretation of Tah further discloses wherein the first sensor module comprises a first sensor ([0060]-[0061], [0137], [0139] Figs. 11-12, 32A-C see also [0096]-[0097]; Core module has sensors including accelerometer, microphone etc.) and the second sensor module comprises a second sensor which is different than the first sensor ([0065]-[0066], [0129] including “peripheral module 2600 can be a heart rate monitor 2602, with an opening in the lower part for taking biometric measurements from the user”, [0149]; peripheral modules are recited as being various sensors including temperature, heart rate, GPS).
Regarding Claim 11, an interpretation of Tah further discloses wherein the first sensor and the second sensor each comprise a sensor selected from the group consisting of: first sensor accelerometer ([0138]-[0139] including “The core module 3200 can be larger than the peripheral modules, and includes a microcontroller, and optionally can include . . . sensors”, [0148] including “heart rate monitor module for measuring pulse 3310”, Fig. 26A see also [0065], [0129]; Core module/”first sensor” has sensors); second sensor skin temperature ([0065]-[0066], [0106], [0129] including “peripheral module 2600 can be a heart rate monitor 2602, with an opening in the lower part for taking biometric measurements from the user”, [0148]-[0149]; peripheral module/”second sensor” are recited as being various sensors including temperature, heart rate using infrared pulse measurement).
Regarding Claim 12 an interpretation of Tah further discloses both the first sensor module with wireless communication ([0006], [0139] see also [0059]-[0060]) and second sensor module with wireless communication ([0006], [0064]-[0066] see also [0059]-[0060]; The peripheral modules are recited with wireless capabilities and sensors. Furthermore, the “second module” (and associated sensor) could also be a second core module with wireless and sensors).
An interpretation of Tah may not explicitly disclose the modules are configured to communicate wirelessly.
However, in the same field of endeavor (medical devices), Hat teaches the modules are configured to communicate wirelessly ([0042] including “it is understood that this is an example and that modular functional band links and/or the wearable device may communicate in a variety of different ways ( . . . wirelessly, and so on)”, [0058] including “the wearable device and/or one or more of the modular functional band links may communicate wirelessly” see also [0033], [0036]-[0038]; Examiner notes that Hat also recites modules can also include sensors and wireless communication).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the modular band with a plurality of modules including multiple modules with sensors which are communicatively connected to one another for transferring of data as recited by Tah to include the communication for data including wireless communication as recite Hat because it is “Obvious to try” – Hat recites its understood that there are multiple known ways of communication and provides a finite number of identified, predictable solutions, with a reasonable expectation of success including wirelessly.
Regarding Claim 13, an interpretation of Tah further discloses wireless communication using Bluetooth or Wi-Fi ([0065], [0139]).
An interpretation of Tah may not explicitly disclose the modules are configured to communicate wirelessly.
However, in the same field of endeavor (medical devices), Hat teaches the modules are configured to communicate wirelessly using ([0042] including “it is understood that this is an example and that modular functional band links and/or the wearable device may communicate in a variety of different ways ( . . . wirelessly, and so on)”, [0058] including “the wearable device and/or one or more of the modular functional band links may communicate wirelessly, such as via Wi-Fi, Bluetooth, near field communication, and/or other wireless technology.” see also [0033], [0036]-[0038]).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the modular band with a plurality of modules including multiple modules with sensors which are communicatively connected to one another for transferring of data as recited by Tah to include the communication for data including wireless communication as recite Hat because it is “Obvious to try” – Hat recites its understood that there are multiple known ways of communication and provides a finite number of identified, predictable solutions, with a reasonable expectation of success including wirelessly.
Claim Rejections - 35 USC § 103
Claim(s) 14-16, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tah in view of Martin.
Regarding Claim 14, an interpretation of Tah further discloses a method for capturing sensor data by a modular wristband and sensor system, the method comprising:
capturing the sensor data, by a modular wristband and sensor system comprising a wristband comprising a first sensor module connection port and a second sensor module connection port ([0060]-[0061], [0066], [0096]-[0097], [0141], Figs. 11-12, 2 32-35 see also [0081], [0085], [0125], [0137], [0139], Figs. 4-9; “wristband” could be a either the module 1100 of fig. 11 or a set peripheral module (which may or may not be “pass-through” modules), either option provides ports at either end for electrical/data communication.),
a first sensor module ([0060]-[0061], [0137]-[0139] Figs. 11-12, 32A-C see also [0096]-[0097]; Core module has sensors including accelerometer, microphone etc.); and
a second sensor module ([0065]-[0066], [0098], [0106], [0129] including “peripheral module 2600 can be a heart rate monitor 2602, with an opening in the lower part for taking biometric measurements from the user”, [0149] see also [0060]; can be a second core module or a peripheral module with sensors. Peripheral modules are recited as being various sensors including temperature, heart rate, GPS, microphone etc.);
wherein the first sensor module is removably and communicatively connected to the first sensor module connection port ([0060]-[0061], [0067] including “Modules can be interchanged at any time”, [0096]-[0098], [0106] including “The communicative coupling is configured to allow modules to be coupled in any order or arrangement and be interchangeable amongst other modules.”, [0137], [0140], [0146], Figs. 11-12, 2 32-35 see also [0125], [0139]); and
the second sensor module is removably and communicatively connected to the second sensor module connection port ([0060]-[0061], [0067], [0096]-[0098], [0106], [0137], [0140], [0146], Figs. 11-12, 2 32-35 see also [0125], [0139]);
a hardware processor ([0005], [0139]-[0140]) and memory of the modular wristband and sensor system ([0139]) configured to:
provide wireless network connectivity for transmission of data to external devices ([0139] including “wireless communication technologies, such as Bluetooth that enables connectivity to other compatible devices”, [0143] see also [0065]);
An interpretation of Tah may not explicitly disclose the procesor determine whether network connectivity enables transmission of the sensor data; cache the sensor data in memory in response to a determination that network connectivity is insufficient for transmission of the sensor data; and transmit the sensor data to a server in response to a determination that network connectivity enables transmission of the sensor data;
However, in the same field of endeavor (diagnostic sensor system), Martin teaches determine whether network connectivity enables transmission of the sensor data (Col 14:50-57 including “device remains wirelessly connected to a smartphone, cloud server, or other computing device to transmit the processed patch data thereto”, Col 31:61-Col 32:14 including “continuously recording physiological signals and wirelessly transmitting data to another device. For example, the electronics module 1802 may be connected to a smartphone or a healthcare server via a wireless communications interface 1851 to continuously transmit data being captured by the device.”, Col 45:41-46 including “When the smart patch and smartphone are connected via a wireless link, the patch electronics module transmits data continuously to the smartphone at block 2122 when within wireless range. When not in range, the smart patch may store all the user data for automatic transmission to the smartphone when they come back within WiFi or BLE range.”, Col 47:16-25 see also Col 37:35-54; Martin discloses the wearable determining if it can transmit the senor data do so and if it cant then store the data locally for later transmission);
cache the sensor data in memory in response to a determination that network connectivity is insufficient for transmission of the sensor data (Col 31:61-Col 32:14, Col 45:41-46, Col 47:16-25); and
transmit the sensor data to a server in response to a determination that network connectivity enables transmission of the sensor data (Col 31:61-Col 32:14, Col 45:41-46, Col 47:16-25);
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the disclosure of the modular band with a plurality of modules including modules with sensors, connections between the modules for transmitting of data and/or power thorough the modules and transmitting data to an external device as recited by Tah to include the wearable transmitting data to an external server when it is able and storing the data for later transmission when it can’t currently transmit the data as recited by Martin because it ensures the data is not lost (Col 45:41-46). Furthermore, it would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the device as discussed above of Tah by combining the transmission of data as recited by Tah with the specifics of conditional storing or transmitting as recited by Martin because it is merely combining prior art elements according to known methods to yield predictable results.
Regarding claim 15, an interpretation of Tah further discloses wherein the first sensor module is distant from the second sensor module along the wristband ([0097], [0106]; “sensor” modules are on opposite sides of the wrist with “wristband(s)” between them).
Regarding Claim 16, an interpretation of further discloses wherein the first sensor module houses a battery ([0139]-[0140], [0146]; core module is disclosed as including both sensors and an integrated battery).
Regarding Claim 19, an interpretation of Tah further discloses wherein the first sensor module comprises a first sensor ([0060]-[0061], [0137], [0139] Figs. 11-12, 32A-C see also [0096]-[0097]; Core module has sensors including accelerometer, microphone etc.) and the second sensor module comprises a second sensor which is different than the first sensor ([0065]-[0066], [0129] including “peripheral module 2600 can be a heart rate monitor 2602, with an opening in the lower part for taking biometric measurements from the user”, [0149]; peripheral modules are recited as being various sensors including temperature, heart rate, GPS).
Regarding Claim 20, an interpretation of Tah further discloses wherein the first sensor and the second sensor each comprise a sensor selected from the group consisting of: accelerometer ([0060]-[0061], [0137], [0139] Figs. 11-12, 32A-C see also [0096]-[0097]; Core module/”first sensor” has sensors including accelerometer, microphone etc.); Photoplethysmography (PPG) and/or skin temperature ([0065]-[0066], [0106], [0129] including “peripheral module 2600 can be a heart rate monitor 2602, with an opening in the lower part for taking biometric measurements from the user”, [0148]-[0149]; peripheral module/”second sensor” are recited as being various sensors including temperature, heart rate using infrared pulse measurement i.e. PPG etc.).
Claim Rejections - 35 USC § 103
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tah in view of Martin or, in the alternative, under 35 U.S.C. 103 as obvious over Tah in view of Martin in further view of Hat.
Regarding Claim 17, an interpretation of Tah further discloses wherein the first sensor module is connected to the second sensor module via wires embedded within the wristband ([0060]-[0061], [0096]-[0098], [0129], [0137], [0140], [0146], Figs. 11-12, 2 32-35 see also [0125], [0139]), and wherein the wires provide power from the battery to the second sensor module ([0060]-[0061], [0096]-[0098], [0137], [0140] including “The core module and connected peripheral modules of the device transfer data, clock signals and power to each other.”, [0146], Figs. 11-12, 2 32-35 see also [0125], [0139]).
While Tah recites the movement of power and data through intermediary modules and wires within the modules. If it is determined that this does not disclose wires embedded within the wristband then in the alternative, in the same field of endeavor (medical devices), Hat teaches wires embedded within the wristband segment ([0050] including “conductive components 304 a-c (such as wires) that connect to respective conductive portions of the respective pins 306 a-c”, Figs. 3A-7 see also [0031], [0047]; wires are embedded in the band links for the transfer of data and/or power).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the modular band with a plurality of modules including wired connections within the modules for transmitting of data and/or power thorough the modules as recited by Tah to include the wires connecting the different elements within in the link/wristband segments as recited by Hat because it is merely combining the prior art elements recited according to known methods to yield predictable results; using wires within the “wristband” segment as conductive pathways for transferring power and/or data.
Regarding Claim 18, an interpretation of Tah further discloses wherein the wires further provide communication between the first sensor module and the second sensor module ([0060]-[0061], [0096]-[0098], [0129], [0137], [0140] including “The core module and connected peripheral modules of the device transfer data, clock signals and power to each other.”, [0146], Figs. 11-12, 2 32-35 see also [0125], [0139]).
While Tah recites the movement of power and data through intermediary modules and wires within the modules. If it is determined that this does not disclose wires embedded within the wristband then in the alternative, in the same field of endeavor (medical devices), Hat teaches wires within the wristband segment ([0050] including “conductive components 304 a-c (such as wires) that connect to respective conductive portions of the respective pins 306 a-c”, Figs. 3A-7 see also [0031], [0047]; wires are embedded in the band links for the transfer of data and/or power).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the modular band with a plurality of modules including wired connections within the modules for transmitting of data and/or power thorough the modules as recited by Tah to include the wires connecting the different elements within in the link/wristband segments as recited by Hat because it is merely combining the prior art elements recited according to known methods to yield predictable results; using wires within the “wristband” segment as conductive pathways for transferring power and/or data.
Claim Rejections - 35 USC § 103
Claim(s) 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tah in view of Martin in further view of Hat.
Regarding Claim 21 an interpretation of Tah further discloses both the first sensor module with wireless communication ([0006], [0139] see also [0059]-[0060]) and second sensor module with wireless communication ([0006], [0064]-[0066] see also [0059]-[0060]; The peripheral modules are recited with wireless capabilities and sensors. Furthermore, the “second module” (and associated sensor) could also be a second core module with wireless and sensors).
An interpretation of Tah may not explicitly disclose the modules wirelessly communicate.
However, in the same field of endeavor (medical devices), Hat teaches the modules wirelessly communicate ([0042] including “it is understood that this is an example and that modular functional band links and/or the wearable device may communicate in a variety of different ways ( . . . wirelessly, and so on)”, [0058] including “the wearable device and/or one or more of the modular functional band links may communicate wirelessly” see also [0033], [0036]-[0038]; Examiner notes that Hat also recites modules can also include sensors and wireless communication).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the modular band with a plurality of modules including multiple modules with sensors which are communicatively connected to one another for transferring of data as recited by Tah to include the communication for data including wireless communication as recite Hat because it is “Obvious to try” – Hat recites its understood that there are multiple known ways of communication and provides a finite number of identified, predictable solutions, with a reasonable expectation of success including wirelessly.
Regarding Claim 22, an interpretation of Tah further discloses wireless communication using Bluetooth or Wi-Fi ([0065], [0139]).
An interpretation of Tah may not explicitly disclose the modules are configured to communicate wirelessly.
However, in the same field of endeavor (medical devices), Hat teaches the modules are configured to communicate wirelessly using ([0042] including “it is understood that this is an example and that modular functional band links and/or the wearable device may communicate in a variety of different ways ( . . . wirelessly, and so on)”, [0058] including “the wearable device and/or one or more of the modular functional band links may communicate wirelessly, such as via Wi-Fi, Bluetooth, near field communication, and/or other wireless technology.” see also [0033], [0036]-[0038]).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the modular band with a plurality of modules including multiple modules with sensors which are communicatively connected to one another for transferring of data as recited by Tah to include the communication for data including wireless communication as recite Hat because it is “Obvious to try” – Hat recites its understood that there are multiple known ways of communication and provides a finite number of identified, predictable solutions, with a reasonable expectation of success including wirelessly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20200077951 to Nallathambi et al. see [0023] discusses handling intermittent connectivity
John Allen. Photoplethysmography and its application in clinical physiological measurement. Physiol Meas. 2007 Mar;28(3):R1-39. doi: 10.1088/0967-3334/28/3/R01. Epub 2007 Feb 20. PMID: 17322588. https://pubmed.ncbi.nlm.nih.gov/17322588/ Viewed on 12/22/24 – See Abstract and History of PPG Sections
US 20170242805 - see Figs. 4-5, 7
US 20140334083 – see Fig. 1
US 20150109723 – see Figs. 1-6
US 20180095430 – see Figs. 1, 3A
US 8764654 – see Fig. 5
US 20130271355 – see Figs. 3-6
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