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
This action is in response to the remarks filed on 8/25/2025. Claims 1-3 and 5-14 remain pending. Claim 4 has been cancelled.
The objections to drawings to under 37 CFR 1.83(a) has been withdrawn in light of the applicant’s amendments to cancel claim 4.
The objections to claim 6 because of the informalities has been withdrawn in light of the applicant’s amendments to the claim.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 5-8, 10, 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al (US20170135636A1) in view of Jorov et al (US20160106367A1).
Regarding claim 1, Yeun teaches biological data sensor for measuring biological data from a user (“biometric monitoring device including a housing having a physical size and shape that is adapted to couple to the user's body” abst; also see figs.5-11 and 17-23 and the associated pars.), the biological data sensor comprising:
a sensing module, formed by flexible printed circuit (FPC), attached on the user's skin, the sensing module including (“ FIG. 5 illustrates a cross sectional view of a sensor … two light sources (e.g. LED's) … photodetector (… photoplethysmography (PPG) … the light sources and photodetector are placed on a flexible PCB [attached to the skin via coupling to the user's body as noted in par 0009])” [0012]):
light emitting units emitting a first sensing light to the user's skin, the first sensing light transmitted to the user's skin and reflected from the user's skin into a second sensing light (“two light sources (e.g. LED's) may be located on one or more sides of the photodetector (for example, either side or opposing sides of a photodetector) to enable photoplethysmography (PPG) sensing” [0012]; also see figs.5-11 and 17-23 and the associated pars.);
at least one sensing unit receiving the second sensing light and outputting the biological data (“PPG sensor having a photodetector and two LED light sources which may be disposed or located in a portable biometric monitoring” [0016]; also see figs.5-11 and 17-23 and the associated pars.); and
a rechargeable battery electrically connected to the light emitting units and the sensing unit, the rechargeable battery providing power to the light emitting units and the sensing unit (“biometric monitoring device (where it includes a rechargeable energy source” [0072]; “the power provided to the light source and light detector” [0078]; also see figs. 3 and 11 and the associated pars.); and
a wearable charging module worn on a portion of the user adjacent to the sensing module (“recess for mating a charger and/or data transmission cable” [0010]; “the portable biometric monitoring device (where it includes a rechargeable energy source, the wearable charging module including (for example, rechargeable battery) may interconnect with a charger using magnetic properties to secure” [0072]):
a charger (“a charger using magnetic properties to secure” [0072]); and
a first transmitter electrically connected to the charger, the first transmitter obtaining power from the charger, wirelessly transmitting the power to the rechargeable battery of the sensing module, and receiving the biological data from the sensing module (“biometric monitoring device of the present inventions may include a means of wireless communication to transmit and receive information” [0158]; “magnets may also be used as conductive contacts for charging or data transmission” [0176]-[0177]).
Although it is apparent that Park teaches the electrical connections, if one argues that and for the compact prosecution, Jorov is brought in to specifically show the electrical connections.
Jorov teaches monitoring device (24) includes a band (32), configured to fit around an appendage of a human subject (22), and one or more sensors (46, 58, 60, 62) fixed to the band and configured to sense physiological parameters of the human subject. In one embodiment, at least one visible light source (82) is fixed to the band. A controller (64) is fixed to the band and is coupled to receive signals from the sensors and to actuate the at least one visible light source in response to a state of the device (abst).
Batteries 42 are connected to the circuits in capsule 34 by one or more resilient, conductive strips 44, which are pre-formed in a curved shape to fit around the wrist of the subject and are embedded in band 32. Strips 44 may comprise copper, for example, or any other suitable metal with sufficient flexibility to allow band 32 to fit different wrist shapes. These strips perform the dual functions of providing power from batteries 42 to the sensing circuits and providing mechanical rigidity to band 32, so that the band will fit stably and comfortably around the subject's wrist while maintaining good contact between the sensors and the subject's skin [0041].
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with electrical connections as taught by Jorov because it provides a wrist-mounted health monitor with enhanced features ([0008] of Jorov).
Regarding claim 2, Park teaches wherein the sensing unit includes:
receiving units receiving the second sensing light and providing a light-sensing signal (“photodetector may receive, for example, the maximum possible amount of scattered/reflected light” [0017]); and
a data retrieving unit electrically connected to the receiving units, the data retrieving unit retrieving the biological data from the light-sensing signal (“the circuitry related to emitting and receiving light may be disposed in the interior of the device housing” [0060]; also see figs. 1, 16-26, 28-31).
Regarding claim 3, Park teaches the data retrieving unit retrieves the biological data by photoplethysmography (“FIG. 9 illustrates an exemplary PPG sensor having a photodetector and two LED light sources which may be disposed or located in a portable biometric monitoring device” [0016]).
Regarding claim 5, Park teaches the receiving units are grouped into a plurality of sensing arrays, and the light emitting units are arranged around each of the sensing arrays (“detectors may be arranged in an array or pattern” [0057]; “the biometric monitoring device may monitor heart rate optically through an array of photodetectors such as a grid of photodiodes or a CCD camera. Motion of the optical device with respect to the skin may be tracked through feature tracking of the skin and/or adaptive motion correction using an accelerometer and gyroscope. The detector array may be in contact with the skin or offset at a small distance away from the skin. The detector array and its associated optics” [0087]).
Regarding claim 6, Park teaches wherein the sensing module further includes:
a second transmitter electrically connected to the rechargeable battery and the sensing unit, wherein the first transmitter and the second transmitter are adapted to wirelessly transmit the biological data and power between the first transmitter and the second transmitter (“device may implement wireless communications so that when the user and device comes within range of a wireless base station” [0004]; “portable monitoring the portable monitoring device may have a user interface, processor, biometric sensor(s), memory, environmental sensor(s) and/or a wireless transceiver which may communicate with an external device” [0008]; “detect proximity to the charger by measuring the Received Signal Strength Indication or RSSI of a wireless signal from the charger or dock.” [0177]).
Although it is apparent that Park teaches the electrical connections, if one argues that and for the compact prosecution, Jorov is brought in to specifically show the electrical connections.
Jorov teaches monitoring device (24) includes a band (32), configured to fit around an appendage of a human subject (22), and one or more sensors (46, 58, 60, 62) fixed to the band and configured to sense physiological parameters of the human subject. In one embodiment, at least one visible light source (82) is fixed to the band. A controller (64) is fixed to the band and is coupled to receive signals from the sensors and to actuate the at least one visible light source in response to a state of the device (abst).
Batteries 42 are connected to the circuits in capsule 34 by one or more resilient, conductive strips 44, which are pre-formed in a curved shape to fit around the wrist of the subject and are embedded in band 32. Strips 44 may comprise copper, for example, or any other suitable metal with sufficient flexibility to allow band 32 to fit different wrist shapes. These strips perform the dual functions of providing power from batteries 42 to the sensing circuits and providing mechanical rigidity to band 32, so that the band will fit stably and comfortably around the subject's wrist while maintaining good contact between the sensors and the subject's skin [0041].
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with electrical connections as taught by Jorov because it provides a wrist-mounted health monitor with enhanced features ([0008] of Jorov).
Regarding claim 7, Park teaches wherein the second transmitter includes:
a second power transmitter configured to wirelessly transmit power (“secondary device may have a shape and mechanical and/or magnetic interface to accept the biometric monitoring device for safe keeping, communication, and/or charging” [0053]; “detect proximity to the charger by measuring the Received Signal Strength Indication or RSSI of a wireless signal from the charger or dock.” [0177]); and
a second data transmitter configured to wirelessly transmit the biological data (“communication between the biometric monitoring device and the secondary device may be provided through wireless communication techniques/methods and protocols such as Bluetooth, Bluetooth 4.0, RFID, NFC, or WLAN” [0053]).
Regarding claim 8, Park teaches wherein the first transmitter includes:
a first power transmitter configured to wirelessly transmit power (“detect proximity to the charger by measuring the Received Signal Strength Indication or RSSI of a wireless signal from the charger or dock” [0177]); and
a first data transmitter configured to wirelessly transmit the biological data (“devices of this embodiment may communicate with each other or a remote device using wired or wireless circuitry to calculate, for example, biometric or physiologic qualities or quantities” [0106]).
Regarding claim 10, Park teaches wherein the sensing module is adapted to be attached on the user's skin adjacent to the user's wrist, and the wearable charging module is adapted to be worn on the user's wrist (see figs.5-11 and 17-23 and the associated pars.).
Regarding claim 12, Park teaches a control device adapted to electrically connect to the wearable charging module in a wired or wireless manner, wherein the control device includes: a third transmitter configured to receive the biological data and power information from the first transmitter; and a display configured to display the biological data and the power information (“The biometric monitoring device may use a wired connection to charge an internal rechargeable battery and/or transfer data to a host device such as a laptop or mobile phone” [0176]; also see [0102], [0151]-[0152], [0173]).
Regarding claim 13, Park teaches the control device is a desktop computer, a laptop computer, or a smart phone (“The biometric monitoring device may use a wired connection to charge an internal rechargeable battery and/or transfer data to a host device such as a laptop or mobile phone” [0176]).
Claims 4, 9, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al (US20170135636A1) in view of Jorov as applied to claim 1 above and further in view of Martin (US11116448B1).
Regarding claim 4 (as the claim best understood in light of the 35 USC 112 rejection above), The above noted combination teaches all the limitations of the claim except for an organic photo sensor.
However, in the same field of endeavor, Martin teaches a multi-sensor smart patch is disclosed that can be worn by a user to monitor multiple physiological systems of the use (abst). The user interface 1879 can include, but is not limited to, light-emitting diodes (LEDs) 1842 (e.g., organic LEDs) (col. 34 lines 22-24).
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with organic photo sensor as taught by Martin because it provides improved wearable device capable of monitoring a user, such as to detect signs of a future, imminent, or present HF episode, or such as to detect anomalies associated with pulmonary function (col. 1 lines 47-50).
Regarding claim 9, the above noted combination teaches all the limitations of the claim except for organic light-emitting diode.
However, in the same field of endeavor, Martin teaches a multi-sensor smart patch is disclosed that can be worn by a user to monitor multiple physiological systems of the use (abst). The user interface 1879 can include, but is not limited to, light-emitting diodes (LEDs) 1842 (e.g., organic LEDs) (col. 34 lines 22-24).
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with organic light-emitting diode as taught by Martin because it provides improved wearable device capable of monitoring a user, such as to detect signs of a future, imminent, or present HF episode, or such as to detect anomalies associated with pulmonary function (col. 1 lines 47-50).
Regarding claim 14, the above noted combination teaches all the limitations of the claim except for a patch.
However, in the same field of endeavor, Martin teaches a multi-sensor smart patch is disclosed that can be worn by a user to monitor multiple physiological systems of the use (abst).
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with patch as taught by Martin because it provides improved wearable device capable of monitoring a user, such as to detect signs of a future, imminent, or present HF episode, or such as to detect anomalies associated with pulmonary function (col. 1 lines 47-50).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Park et al (US20170135636A1) in view of Jorov as applied to claim 1 above and further in view of Fenuccio (US20140375465A1).
Regarding claim 11, the above noted combination teaches all the limitations of the claim except for a solar cell.
However, in the same field of endeavor, Fenuccio teaches apparatus and methods are provided for quantifying a metric of a performance and/or physiological data of a user, and/or an environmental condition, using measurement data obtained using an example electronic device [0003]. Device component consisting of a photodiode, a light-emitting diode, a thin-film transistor, a memory, a electrocardiogram electrode, a circuit element, a microprocessor, a biological sensor, a chemical sensor, a temperature sensor, a light sensor, an electromagnetic radiation sensor, a solar cell, an environmental sensor, or any combination thereof [0013].
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with solar cell as taught by Fenuccio because it provides better performance for looking at body motion than large and bulky devices ([0004] of Fenuccio).
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive at least for the reasons noted below;
Regarding the rejections of claim 1, the applicant argues the following;
Independent claim 1 recites a combination of elements including "a wearable charging module worn on a portion of the user adjacent to the sensing module."
Applicant respectfully submits that the combination of elements set forth in claim 1 is not disclosed or suggested by the references relied on by the Examiner.
In particular, Park in paragraph [0072] discloses "[i]n addition, the portable biometric monitoring device may also engage a dock or dock station using such magnetic properties to facilitate data transfer." It can be understood that Park only discloses a dock or dock station configured to be a charger, which is not wearable. A person in the art will know that a dock or dock station generally refers to a device that is arranged on a platform such as table to hold another device. Therefore, the charger disclosed by Park is not in a formation that can be wearable. In addition, Park does not provide any evidence to show the charger can be a wearable device.
Contrary to the applicant assertion which the office believes that the assertion is due to the applicant’s narrow and specific interpretation of the claims. As the applicant also acknowledges above, the claim MERELY recites “a wearable charging module worn on a portion of the user adjacent to the sensing module”. That is the charging module MERELY need to be worn on a portion of the user adjacent to the sensing module. The above applicant’s argument notes that “It can be understood that Park only discloses a dock or dock station configured to be a charger, which is not wearable.” This is not persuasive for several reasons;
Initially, it is noted that wrist watch type biometric monitoring device as taught by Park usually has small/portable/movable/compact docking stations which are easily capable of being worn on a portion of the user like as it is taught by Park “biometric monitoring device is attached to or mounted with a band like a watch, bracelet, and/or armband—which may then be secured to the user” (i.e., those worn on the upper arm of the runners).
As per MPEP 2111, claims must be given their broadest reasonable interpretation consistent with the specification though understanding the claim language may be aided by explanations contained in the written description. Yet, it is important not to import into a claim limitation that are not part of the claim. In light of the MPEP, it is noted that claim merely requires.
In addition, along with small/portable/movable/compact docking stations which can be worn on a portion of the user, Park further teaches;
[0072] …the portable biometric monitoring device (where it includes a rechargeable energy source (for example, rechargeable battery) may interconnect with a charger using magnetic properties to secure thereto.
[0176] The biometric monitoring device may use a wired connection to charge an internal rechargeable battery and/or transfer data to a host device such as a laptop or mobile phone. In one embodiment, the device may use magnets to help the user align the device to the dock or cable. The magnetic field of magnets in the dock or cable and the magnets in the device itself could be strategically oriented to as to force the device to self-align and provide a force that holds the device to the dock or cable. The magnets may also be used as conductive contacts for charging or data transmission. In another embodiment, a permanent magnet is only used in the dock or cable side, not in the device itself. This may improve the performance of the biometric monitoring device where the device employs a magnetometer. With a magnet in the device, the strong field of a nearby permanent magnet may increase the difficulty for the magnetometer to accurately measure the earth's magnetic field.
[0177] In another embodiment, the device could contain one or more electromagnets in the device body. The charger or dock for charging and data transmission would also contain an electromagnet and/or a permanent magnet. The device could only turn on its electromagnet when it is close to the charger or dock. It could detect proximity to the dock by looking for the magnetic field signature of a permanent magnet in the charger or dock using a magnetometer. Alternatively, it could detect proximity to the charger by measuring the Received Signal Strength Indication or RSSI of a wireless signal from the charger or dock. The electromagnet could be reversed, creating a force that repels the device from the charging cable or dock either when the device doesn't need to be charged, synced, or when it has completed syncing or charging.
As can be clearly and factually seen above, Park teaches the argued limitation of “a wearable charging module worn on a portion of the user adjacent to the sensing module”
Therefore, the rejections are maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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 SERKAN AKAR whose telephone number is (571)270-5338. The examiner can normally be reached 9am-5pm M-F.
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/SERKAN AKAR/ Primary Examiner, Art Unit 3797