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 .
DETAILED ACTION
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) 1-3, 7, 8, 11, 12, 15, 16, 18-20, 23-25, 27, 29, 33-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Karnik et al. US2015/0342517 and further in view of Armbrust et al. US2017/0258662, and Tweary US2008/0249421.
For claim 1, Karnik discloses “A user device, comprising:
a pressure sensor (contact sensor modules 44A, 44B, and optical sensor module 46; fig 1A, 1B) configured to detect a pressure at an interface between a body of a user and the user device (0017);
a display (display 20); and
one or more processors (compute system 18; 0033-0041) configured to:
monitor, in connection with a biometric measurement operation and using the pressure sensor, whether the pressure at the interface between the body of the user and the user device is within a range used for obtaining data for a biometric measurement (0038-0041);
provide, via the display as the user device is monitoring whether the pressure is within the range (0021 describes the sensing is performed “over time” where the different steps shown in fig 4 for example are taking place), an indication of whether the user is to adjust the pressure based on whether the pressure is within the range (0041); and
obtain, while providing the indication of whether the user is to adjust the pressure (0021 describes the sensing is performed “over time” where the different steps shown in fig 4 for example are taking place), the data for the biometric measurement (0017 describes the input into the sensor may be used to determine “how tightly the wearable electronic device is being worn”, i.e. pressure and also may be used to determine “blood flow through the capillaries in the skin and thereby provide a measurement of the wearer’s heart rate, blood oxygen level”, etc., therefore obtaining data from the sensor is considered obtaining data for biometric measurement and also for pressure determination),
wherein first data of the data is obtained while the pressure is outside of the range (e.g. step 430 fig 4), and
wherein second data of the data is obtained while the pressure is within the range (step 425 fig 4);
filter the data based at least in part on whether the data is obtained while the pressure is outside of the range or within the range (fig 4 shows the method of sensing before the device is being worn, i.e. detecting if the device is being worn at 410, checking for thresholds of pressure, e.g. at 420, then accounting for adjusting the interface at 455 and then filtering acceptable and nonacceptable sensor reading at step 430 to provide the filtered acceptable data at 440; these steps are provided in more detail at 0039-0041); and
determine the biometric measurement based at least in part on the second data regardless of the first data (fig 4; the data provided at 440 is the acceptable data where the pressure has been determined to be within range for reading the physiological parameter)”.
Karnik does not disclose:
“a rotatable element configured to cause actuation of the pressure sensor”. Armbrust teaches in the same field of endeavor, providing a dial (110; fig 2A-E; 0062) for adjusting the tension of a wearable device. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Armbrust into the invention of Karnik in order to configure the user device e.g. as claimed because it allows tension adjustment without having to undo the fastening componentry 16A and 16B of Karnik.
“wherein the indication comprises a user interface element presented on the display as the user device is monitoring whether the pressure is within the range, the user interface element including a gauge or a color indicator showing a difference between the pressure and the range”. Armbrust teaches in the same field of endeavor, displaying for the user via pressure information (fig 8A, 8B) as a user interface element, including an actual pressure reading and a color indicator, green and red showing a difference between the pressure reading and the range (0079-0081). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Armbrust into the invention of Karnik in order to configure the user device e.g. as claimed because it provides a direct indicator to the user about the pressure with respect to the acceptable range.
“wherein the indication indicates whether the user is to adjust the pressure at the interface between the body of the user and the user device by applying pressure to a display of the user device, by pulling on a strap of the user device, by inserting a finger between the strap and the body of the user, or by adjusting a longitudinal position of the user device on the body of the user”.
Karnik at 0041 discloses adjusting the interface between the surface of the sensor and the tissue, but does not specify the type of adjustment, i.e. applying pressure to a display. Tweary teaches in the same field of endeavor, a user’s hand may apply pressure to a contact sensor in order to vary the sensor response and a processing unit to prompt the user to change the grip pressure on the sensor (0018-0019). Since Karnik fails to disclose the nature of the indication, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used any suitable indication known in the art, including the one taught by Tweary, i.e. changing the applied pressure as the indication to achieve the predictable result of providing a specific indication to a user.
For claim 2, Karnik discloses “The user device of claim 1, wherein a first side of the user device includes the display, and wherein a second side of the user device, opposite the first side, includes the pressure sensor (fig 1A, 1B).
For claim 3, Karnik discloses “The user device of claim 1, wherein the user device is a wearable device configured for attachment to an arm of the user (fig 1A)”.
For claim 7, Karnik discloses “The user device of claim 1, wherein the one or more processors, to obtain the data for the biometric measurement, are configured to: cause emission of an optical signal at the body of the user (0017); and adjust an intensity of the optical signal based on an amount by which the pressure is outside of the range (0040)”.
For claim 8, Karnik discloses “The user device of claim 1, wherein the one or more processors are further configured to: determine the biometric measurement based at least in part on the data, including the first data and the second data (0017; fig 2A-2C shows the sensing during various pressure conditions, i.e. the first and second data conditions)”.
For claim 11, Karnik discloses “The user device of claim 1, wherein the biometric measurement is a blood pressure measurement, a heart rate measurement, a heart rate variability measurement, or a pulse oxygen measurement (0017)”.
For claim 12, Karnik discloses “A method, comprising:
initiating, by a user device, a biometric measurement operation relating to a user of the user device (heart rate measurements, e.g. step 425, 440; fig 4);
monitoring, by the user device in connection with the biometric measurement operation and using a pressure sensor of the user device, whether a pressure at an interface between a body of the user and the user device is within a range used for obtaining data for a biometric measurement (pressure determination, e.g. step 420; fig 4);
providing, by the user device via a display of the user device as the user device is monitoring whether the pressure is within the range (0021 describes the sensing is performed “over time” where the different steps shown in fig 4 for example are taking place), an indication of whether the user is to adjust the pressure based on whether the pressure is within the range (0041); and
obtaining, by the user device while providing the indication of whether the user is to adjust the pressure (0021 describes the sensing is performed “over time” where the different steps shown in fig 4 for example are taking place), the data for the biometric measurement (step 425, 440),
wherein first data of the data is obtained while the pressure is outside of the range (e.g. step 430 fig 4), and
wherein second data of the data is obtained while the pressure is within the range (step 425 fig 4);
filter the data based at least in part on whether the data is obtained while the pressure is outside of the range or within the range (fig 4 shows the method of sensing before the device is being worn, i.e. detecting if the device is being worn at 410, checking for thresholds of pressure, e.g. at 420, then accounting for adjusting the interface at 455 and then filtering acceptable and nonacceptable sensor reading at step 430 to provide the filtered acceptable data at 440; these steps are provided in more detail at 0039-0041); and
determine the biometric measurement based at least in part on the second data regardless of the first data (fig 4; the data provided at 440 is the acceptable data where the pressure has been determined to be within range for reading the physiological parameter)”.
Karnik does not disclose:
“wherein the user device comprises a rotatable element configured to cause actuation of the pressure sensor”. Armbrust teaches in the same field of endeavor, providing a dial (110; fig 2A-E; 0062) for adjusting the tension of a wearable device. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Armbrust into the invention of Karnik in order to configure the user device e.g. as claimed because it allows tension adjustment without having to undo the fastening componentry 16A and 16B of Karnik.
“wherein the indication comprises a user interface element presented on the display as the user device is monitoring whether the pressure is within the range, the user interface element including a gauge or a color indicator showing a difference between the pressure and the range”. Armbrust teaches in the same field of endeavor, displaying for the user via pressure information (fig 8A, 8B) as a user interface element, including an actual pressure reading and a color indicator, green and red showing a difference between the pressure reading and the range (0079-0081). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Armbrust into the invention of Karnik in order to configure the user device e.g. as claimed because it provides a direct indicator to the user about the pressure with respect to the acceptable range.
“wherein the indication indicates whether the user is to adjust the pressure at the interface between the body of the user and the user device by applying pressure to a display of the user device, by pulling on a strap of the user device, by inserting a finger between the strap and the body of the user, or by adjusting a longitudinal position of the user device on the body of the user”.
Karnik at 0041 discloses adjusting the interface between the surface of the sensor and the tissue, but does not specify the type of adjustment, i.e. applying pressure to a display. Tweary teaches in the same field of endeavor, a user’s hand may apply pressure to a contact sensor in order to vary the sensor response and a processing unit to prompt the user to change the grip pressure on the sensor (0018-0019). Since Karnik fails to disclose the nature of the indication, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used any suitable indication known in the art, including the one taught by Tweary, i.e. changing the applied pressure as the indication to achieve the predictable result of providing a specific indication to a user.
For claim 15, Karnik discloses “The method of claim 12, wherein obtaining the data comprises: emitting an optical signal at the body of the user (0017); and adjusting an intensity of the optical signal based on an amount by which the pressure is outside of the range (0040)”.
For claim 16, Karnik discloses “The method of claim 15, further comprising: determining the biometric measurement based at least in part on the data, including the first data and the second data (0017; fig 2A-2C shows the sensing during various pressure conditions, i.e. the first and second data conditions)”.
For claim 18, Karnik discloses “The method of claim 12, wherein the user device is a wearable device configured to be worn on an arm of the user (fig 1A)”.
For claim 19, Karnik discloses “The method of claim 12, wherein the biometric measurement is a blood pressure measurement, a heart rate measurement, a heart rate variability measurement, or a pulse oxygen measurement (0017)”.
For claim 20, Karnik discloses “A user device, comprising:
means for initiating a biometric measurement operation relating to a user of the user device (heart rate measurements, e.g. step 425, 440; fig 4);
means for monitoring whether a pressure at an interface between a body of the user and the user device is within a range used for obtaining data for a biometric measurement (pressure determination, e.g. step 420; fig 4);
means for providing, as the user device is monitoring whether the pressure is within the range (0021 describes the sensing is performed “over time” where the different steps shown in fig 4 for example are taking place) an indication of whether the user is to adjust the pressure based on whether the pressure is within the range (0041); and
means for obtaining, while providing the indication of whether the user is to adjust the pressure (0021 describes the sensing is performed “over time” where the different steps shown in fig 4 for example are taking place), the data for the biometric measurement (step 425, 440),
wherein first data of the data is obtained while the pressure is outside of the range (e.g. step 430 fig 4), and
wherein second data of the data is obtained while the pressure is within the range (step 425 fig 4);
means for filtering the data based at least in part on whether the data is obtained while the pressure is outside of the range or within the range (fig 4 shows the method of sensing before the device is being worn, i.e. detecting if the device is being worn at 410, checking for thresholds of pressure, e.g. at 420, then accounting for adjusting the interface at 455 and then filtering acceptable and nonacceptable sensor reading at step 430 to provide the filtered acceptable data at 440; these steps are provided in more detail at 0039-0041); and
means for determining the biometric measurement based at least in part on the second data regardless of the first data (fig 4; the data provided at 440 is the acceptable data where the pressure has been determined to be within range for reading the physiological parameter)”.
Karnik does not disclose:
“wherein the user device comprises a rotatable element configured to cause actuation of the pressure sensor”. Armbrust teaches in the same field of endeavor, providing a dial (110; fig 2A-E; 0062) for adjusting the tension of a wearable device. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Armbrust into the invention of Karnik in order to configure the user device e.g. as claimed because it allows tension adjustment without having to undo the fastening componentry 16A and 16B of Karnik.
“wherein the indication comprises a user interface element presented on the display as the user device is monitoring whether the pressure is within the range, the user interface element including a gauge or a color indicator showing a difference between the pressure and the range”. Armbrust teaches in the same field of endeavor, displaying for the user via pressure information (fig 8A, 8B) as a user interface element, including an actual pressure reading and a color indicator, green and red showing a difference between the pressure reading and the range (0079-0081). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Armbrust into the invention of Karnik in order to configure the user device e.g. as claimed because it provides a direct indicator to the user about the pressure with respect to the acceptable range.
“wherein the indication indicates whether the user is to adjust the pressure at the interface between the body of the user and the user device by applying pressure to a display of the user device, by pulling on a strap of the user device, by inserting a finger between the strap and the body of the user, or by adjusting a longitudinal position of the user device on the body of the user”.
Karnik at 0041 discloses adjusting the interface between the surface of the sensor and the tissue, but does not specify the type of adjustment, i.e. applying pressure to a display. Tweary teaches in the same field of endeavor, a user’s hand may apply pressure to a contact sensor in order to vary the sensor response and a processing unit to prompt the user to change the grip pressure on the sensor (0018-0019). Since Karnik fails to disclose the nature of the indication, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used any suitable indication known in the art, including the one taught by Tweary, i.e. changing the applied pressure as the indication to achieve the predictable result of providing a specific indication to a user.
For claim 23, Karnik discloses “The user device of claim 20, wherein the means for obtaining the data for the biometric measurement include: means for emitting an optical signal at the body of the user (0017); and means for adjusting an intensity of the optical signal based on an amount by which the pressure is outside of the range (0040)”.
For claim 24, Karnik discloses “The user device of claim 23, further comprising: means for determining the biometric measurement based at least in part on the data including the first data and the second data (0017; fig 2A-2C shows the sensing during various pressure conditions, i.e. the first and second data conditions)”.
For claim 25, Karnik discloses “The user device of claim 20, wherein the means for providing include the display of the user device, a speaker of the user device, or a vibration component of the user device (display 20; fig 1A) “.
For claim 27, Karnik discloses “A non-transitory computer-readable medium storing a set of instructions, the set of instructions comprising:
one or more instructions that, when executed by one or more processors of a user device, cause the user device to:
initiate a biometric measurement operation relating to a user of the user device (heart rate measurements, e.g. step 425, 440; fig 4);
monitor, in connection with the biometric measurement operation and using a pressure sensor of the user device, whether a pressure at an interface between a body of the user and the user device is within a range used for obtaining data for a biometric measurement (pressure determination, e.g. step 420; fig 4);
provide, via a display of the user device, as the user device is monitoring whether the pressure is within the range (0021 describes the sensing is performed “over time” where the different steps shown in fig 4 for example are taking place) an indication that the user is to increase or decrease the pressure to within the range;
detect that the pressure is within the range used for obtaining the data for the biometric measurement (0041); and
obtain while providing the indication of whether the user is to adjust the pressure (0021 describes the sensing is performed “over time” where the different steps shown in fig 4 for example are taking place), the data for the biometric measurement based on detecting that the pressure is within the range (step 425, 440),
wherein first data of the data is obtained while the pressure is outside of the range (e.g. step 430 fig 4), and
wherein second data of the data is obtained while the pressure is within the range (step 425 fig 4);
filter the data based at least in part on whether the data is obtained while the pressure is outside of the range or within the range (fig 4 shows the method of sensing before the device is being worn, i.e. detecting if the device is being worn at 410, checking for thresholds of pressure, e.g. at 420, then accounting for adjusting the interface at 455 and then filtering acceptable and nonacceptable sensor reading at step 430 to provide the filtered acceptable data at 440; these steps are provided in more detail at 0039-0041); and
determine the biometric measurement based at least in part on the second data regardless of the first data (fig 4; the data provided at 440 is the acceptable data where the pressure has been determined to be within range for reading the physiological parameter)”.
Karnik does not disclose:
“wherein the user device comprises a rotatable element configured to cause actuation of the pressure sensor”. Armbrust teaches in the same field of endeavor, providing a dial (110; fig 2A-E; 0062) for adjusting the tension of a wearable device. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Armbrust into the invention of Karnik in order to configure the user device e.g. as claimed because it allows tension adjustment without having to undo the fastening componentry 16A and 16B of Karnik.
“wherein the indication comprises a user interface element presented on the display as the user device is monitoring whether the pressure is within the range, the user interface element including a gauge or a color indicator showing a difference between the pressure and the range”. Armbrust teaches in the same field of endeavor, displaying for the user via pressure information (fig 8A, 8B) as a user interface element, including an actual pressure reading and a color indicator, green and red showing a difference between the pressure reading and the range (0079-0081). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Armbrust into the invention of Karnik in order to configure the user device e.g. as claimed because it provides a direct indicator to the user about the pressure with respect to the acceptable range.
“wherein the indication indicates whether the user is to adjust the pressure at the interface between the body of the user and the user device by applying pressure to a display of the user device, by pulling on a strap of the user device, by inserting a finger between the strap and the body of the user, or by adjusting a longitudinal position of the user device on the body of the user”.
Karnik at 0041 discloses adjusting the interface between the surface of the sensor and the tissue, but does not specify the type of adjustment, i.e. applying pressure to a display. Tweary teaches in the same field of endeavor, a user’s hand may apply pressure to a contact sensor in order to vary the sensor response and a processing unit to prompt the user to change the grip pressure on the sensor (0018-0019). Since Karnik fails to disclose the nature of the indication, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used any suitable indication known in the art, including the one taught by Tweary, i.e. changing the applied pressure as the indication to achieve the predictable result of providing a specific indication to a user.
For claim 29, Karnik discloses “The non-transitory computer-readable medium of claim 27, wherein the one or more instructions further cause the user device to: determine the biometric measurement based at least in part on the data (0016)”.
For claim 33, Karnik does not explicitly disclose “The user device of claim 1, wherein the indication indicates that the user is to adjust the pressure at the interface between the body of the user and the user device by adjusting the rotatable element.
Karnik does not specify the type of indication, i.e. adjusting the rotatable element”. Armbrust teaches in the same field of endeavor, providing a dial (110; fig 2A-E; 0062) for adjusting the tension of a wearable device. Since Karnik fails to disclose the nature of the indication, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used any suitable indication known in the art, including the one taught by Armbrust, i.e. rotating a dial as the indication to achieve the predictable result of providing a specific indication to a user.
Modified Karnik discloses for claim 34, “The method of claim 12, wherein the indication indicates that the user is to adjust the pressure at the interface between the body of the user and the user device by adjusting the rotatable element (Armbrust: dial 110; fig 2A-E; 0062)”.
Modified Karnik discloses for claim 35, “The method of claim 12, further comprising: providing the indication while the user device is being attached to the body of the user (Karnik: fig 4 shows the method is used to detect the conditions of being worn and not worn and states therein between, i.e. being attached)”.
Modified Karnik discloses for claim 36, “The user device of The user device of wherein the indication indicates that the user is to adjust the pressure at the interface between the body of the user and the user device by adjusting the rotatable element (Karnik: 0041 describes notifying the user the need to adjust; Armbrust: adjustment via a dial 110; fig 2A-E; 0062)”.
Modified Karnik discloses for claim 37, “The user device of claim 1, wherein the user interface element comprises the gauge showing the difference between the pressure and the range (fig 8A, 8B; 0079-0081 discloses a display with a green and red indicator showing the difference between the pressure and the range)”.
Modified Karnik discloses for claim 38, “The user device of claim 1, wherein the user interface element comprises the color indicator, wherein a red color indicator indicates that a current pressure is outside of the range and a green color indicator indicates that the current pressure is within the range (fig 8A, 8B; 0079-0081 discloses a display with a green and red indicator showing the difference between the pressure and the range)”.
Modified Karnik discloses for claim 39, “The method of claim 12, wherein the user interface element comprises the gauge showing the difference between the pressure and the range (fig 8A, 8B; 0079-0081 discloses a display with a green and red indicator showing the difference between the pressure and the range, wherein the gauge is the display of the color, which is an indication of the difference between the pressure and the range, i.e. green indicates the difference is zero and where red indicates the difference is non-zero)”.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Karnik, Armbrust, and Tweary as applied to claim 1 above, and further in view of Marin et al. 7,134,784.
For claim 4, Karnik does not disclose “The user device of claim 1, wherein the rotatable element is a knob, or a bezel that surrounds the display of the user device”. Marin teaches a rotatable dial element to adjust the tension of the device, but lacks the teaching of placing the dial about the face of a watch.
Marin teaches in the same field of endeavor, a bezel as a rotating dial configured around the face of a watch. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Marin into the invention of Karnik in order to configure the user device e.g. as claimed because it allows for the user to adjust the contact pressure after the indication is provided while still looking at the display.
Claim(s) 5, 13, 21, 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Karnik, Armbrust, and Tweary as applied to claim 1 above, and further in view of Kitchens et al. US2022/0175258.
For claim 5, Karnik does not disclose “The user device of claim 1, wherein the one or more processors, to obtain the data for the biometric measurement, are configured to: obtain the data for the biometric measurement using photoacoustic signal generation”.
Kitchens teaches in the same field of endeavor, using a photoacoustic signal for biometric measurement, in particular blood pressure determination based on depth discrimination, providing “potentially more reliable blood pressure estimation” along with the added advantage of being able to provide heart rate waveforms (fig 7) and also to “distinguish artery heart rate waveforms from vein heart waveforms and other heart waveforms” (0054). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Kitchens into the invention of Karnik in order to configure the user device e.g. as claimed because it provides more reliable blood pressure estimation along with distinguishing venous and arterial heart waveforms (0054).
For claim 13, Karnik does not “The method of claim 12, wherein the data is obtained using photoacoustic signal generation”.
Kitchens teaches in the same field of endeavor, using a photoacoustic signal for biometric measurement, in particular blood pressure determination based on depth discrimination, providing “potentially more reliable blood pressure estimation” along with the added advantage of being able to provide heart rate waveforms (fig 7) and also to “distinguish artery heart rate waveforms from vein heart waveforms and other heart waveforms” (0054). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Kitchens into the invention of Karnik in order to configure the user device e.g. as claimed because it provides more reliable blood pressure estimation along with distinguishing venous and arterial heart waveforms (0054).
For claim 21, Karnik does not disclose “The user device of claim 20, wherein the means for obtaining the data for the biometric measurement include: means for obtaining the data for the biometric measurement using photoacoustic signal generation.
Kitchens teaches in the same field of endeavor, using a photoacoustic signal for biometric measurement, in particular blood pressure determination based on depth discrimination, providing “potentially more reliable blood pressure estimation” along with the added advantage of being able to provide heart rate waveforms (fig 7) and also to “distinguish artery heart rate waveforms from vein heart waveforms and other heart waveforms” (0054). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Kitchens into the invention of Karnik in order to configure the user device e.g. as claimed because it provides more reliable blood pressure estimation along with distinguishing venous and arterial heart waveforms (0054).
For claim 28, Karnik does not disclose “The non-transitory computer-readable medium of claim 27, wherein the one or more instructions, that cause the user device to obtain the data for the biometric measurement, cause the user device to: obtain the data for the biometric measurement using photoacoustic signal generation”.
Kitchens teaches in the same field of endeavor, using a photoacoustic signal for biometric measurement, in particular blood pressure determination based on depth discrimination, providing “potentially more reliable blood pressure estimation” along with the added advantage of being able to provide heart rate waveforms (fig 7) and also to “distinguish artery heart rate waveforms from vein heart waveforms and other heart waveforms” (0054). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Kitchens into the invention of Karnik in order to configure the user device e.g. as claimed because it provides more reliable blood pressure estimation along with distinguishing venous and arterial heart waveforms (0054).
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Karnik, Armbrust, and Tweary as applied to claim 1 above, and further in view of Okabayshi et al. US2015/0142141.
Karnik does not disclose for 32, “The user device of claim 1, wherein the one or more processors are further configured to: provide the indication while the user device is being attached to the body of the user”. Okabayshi teaches in the same field of endeavor, detecting the attachment/detachment of a biological sensor user device (0041). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Okabayshi into the invention of Karnik in order to configure the user device e.g. as claimed because it allows informing the user when the device is attached or detached and allows automated functions in response to such detection (0058).
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Amended portion of claim 1, for example, is now addressed (see above) in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO892.
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 JAE K WOO whose telephone number is (571)272-0837. The examiner can normally be reached M-F 8:30-2:30p, 6p-9p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at (571) 272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jae Woo/Examiner, Art Unit 3795
/ANH TUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
02/05/26
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