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 .
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.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/2/26 has been entered.
Notice of Amendment
In response to the amendment(s) filed on 3/2/26, amended claim(s) 1 is/are acknowledged. The following new and/or reiterated ground(s) of rejection is/are set forth:
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, 8, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 20190090261 to Park et al. (hereinafter “Park”) in view of U.S. Patent Application Publication No. 2019/0290205 to Chen and U.S. Patent Application Publication No. 2015/0126896 to AlHazme.
For claim 1, Park discloses an electronic thermometer (100) configured for attachment to a user’s body to periodically measure a body temperature (Abstract), the electronic thermometer comprising:
temperature sensors (20 and 60) (Figs. 1 and 4) (para [0039] and [0063]) comprising a first temperature sensor (20) (Fig. 1) (para [0039]) for measuring a user’s body temperature (para [0039]) and a second temperature sensor (60) (Fig. 4) (para [0063]) for measuring an external temperature (para [0063]), wherein the temperature sensors are mounted on one surface of a flexible circuit board (10) (Fig. 1) (para [0037]-[0038]);
a memory part (part of 40) (Fig. 1) configured to store information obtained through the temperature sensors (para [0042] and [0052]);
a communication part (part of 50) (Fig. 1) configured to transmit the information stored in the memory part to an outside (para [0046]);
a control part (part of 40) (Fig. 1) configured to control the temperature sensors, the memory part, and the communication part to be driven (para [0042]-[0045]);
a power supply part (P) (Fig. 1) disposed on the one surface of the flexible circuit board to provide driving power (para [0045]); and
a protection member (S) (Fig. 2) which surrounds the flexible circuit board (as can be seen in Fig. 2) to prevent the temperature sensors, the memory part, the communication part, the control part, and the power supply part from being exposed to the outside (as can be seen in Fig. 2) (para [0037]-[0038]).
Park does not expressly disclose wherein the control part is configured to measure, at regular time intervals, the user’s body temperature through the first temperature sensor, measure the external temperature through the second temperature sensor at a timing corresponding to each measurement of the user’s body temperature, and store in the memory part each measurement of the user’s body temperature and the external temperature corresponding to the same measurement timing, to improve accuracy of the user’s body temperature measurement based on the measured external temperature.
However, Chen teaches wherein the control part is configured to measure, at regular time intervals, the user’s body temperature through the first temperature sensor (para [0042] and [0044]) (also see para [0049]), measure the external temperature through the second temperature sensor at a timing corresponding to each measurement of the user’s body temperature (para [0042] and [0044]) (also see para [0049]).
Chen appears to further disclose wherein the control part is configured to store (para [0020]) in a memory part (220) (Fig. 3) (para [0030]) each measurement of the user’s body temperature and the external temperature corresponding to the same measurement timing (para [0042] and [0044]) (also see para [0049]), to improve accuracy of the user’s body temperature measurement based on the measured external temperature (Examiner’s Note: functional language/intended use, i.e., capable of) (para [0049]).
However, in case a skilled artisan would not understand as such, AlHazme teaches periodically storing information acquired through the first and second temperature sensors together in a memory part (para [0032]).
It would have been obvious to a skilled artisan to modify Park wherein the control part is configured to measure, at regular time intervals, the user’s body temperature through the first temperature sensor, measure the external temperature through the second temperature sensor at a timing corresponding to each measurement of the user’s body temperature, and store in the memory part each measurement of the user’s body temperature and the external temperature corresponding to the same measurement timing, to improve accuracy of the user’s body temperature measurement based on the measured external temperature, in view of the teachings of Chen and AlHazme, for the obvious advantage of grouping the data together (in both collection and storage) to reduce the amount of data that needs to be stored in the memory (see para [0032] of AlHazme).
For claim 8, Park further discloses wherein the protection member is formed of a material having flexibility (para [0037]).
For claim 10, Park further discloses an adhesive member disposed on one surface of the protection member (para [0037]).
Claim(s) 3-6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Chen and AlHazme, and further in view of KR 20200021711 to Kim et al. (hereinafter “Kim”) (Examiner’s Note: U.S. Patent Application Publication No. 2021/0204819 being relied upon as the English translation and citations being made hereto).
For claim 3, Park, Chen, and AlHazme do not expressly disclose wherein the communication part includes: an antenna pattern pattern-formed on the flexible circuit board; and a driver chip for driving the antenna pattern.
However, Kim teaches wherein a communication part includes: an antenna pattern (120) pattern-formed on the flexible circuit board (110) (para [0055]); and a driver chip (121) for driving the antenna pattern (Figs. 2-5) (para [0055]-[0056]).
It would have been obvious to a skilled artisan to modify Park wherein the communication part includes: an antenna pattern pattern-formed on the flexible circuit board; and a driver chip for driving the antenna pattern, in view of the teachings of Kim, because an antenna is a suitable structure to achieve the disclosed functionality of transmitting/communicating information that is taught in Kim.
For claim 4, Park, Chen, and AlHazme do not expressly disclose a heat transfer member electrically connected to the first temperature sensor through a via hole and mounted on a surface opposite to the one surface of the flexible circuit board on which the first temperature sensor is mounted, and configured to be in direct contact with a user’s skin.
However, Kim teaches a heat transfer member (140) electrically connected to the first temperature sensor (130) through a via hole (112) and mounted on a surface opposite to the one surface of the flexible circuit board on which the first temperature sensor is mounted, and configured to be in direct contact with a user’s skin (as can be seen in Figs. 2-5) (para [0064]-[0065]).
It would have been obvious to a skilled artisan to modify Park to include a heat transfer member electrically connected to the first temperature sensor through a via hole and mounted on a surface opposite to the one surface of the flexible circuit board on which the first temperature sensor is mounted, and configured to be in direct contact with a user’s skin, in view of the teachings of Kim, for the obvious advantage to “smoothly transmit heat transmitted from the skin of the user to the temperature sensor” (para [0072]).
For claim 5, Park, Chen, and AlHazme do not expressly disclose wherein: the protection member includes an exposure hole formed to pass through the protection member in a region corresponding to the heat transfer member; and the heat transfer member is exposed to the outside through the exposure hole.
However, Kim teaches wherein: a protection member (150) includes an exposure hole (153) formed to pass through the protection member in a region corresponding to the heat transfer member (as can be seen in Figs. 2-5) (para [0073] and [0075]); and the heat transfer member is exposed to the outside through the exposure hole (as can be seen in Figs. 2-5) (para [0073] and [0075]).
It would have been obvious to a skilled artisan to modify Park wherein: the protection member includes an exposure hole formed to pass through the protection member in a region corresponding to the heat transfer member; and the heat transfer member is exposed to the outside through the exposure hole, in view of the teachings of Kim, for the obvious advantage of protecting elements of the device from being exposed to the outside while allowing the heat transfer member to transfer heat to/from the outside.
For claim 6, Park, as modified, further discloses wherein the heat transfer member is formed of a metal material (para [0069]).
For claim 9, Park, Chen, and AlHazme do not expressly disclose wherein the electronic thermometer is a digital temperature sensor further including at least one indicator.
However, Kim teaches wherein the electronic thermometer is a digital temperature sensor (para [0064]) further including at least one indicator (para [0084]-[0085]).
It would have been obvious to a skilled artisan to modify Park wherein the electronic thermometer is a digital temperature sensor further including at least one indicator, in view of the teachings of Kim, because a digital temperature sensor is a suitable type of temperature sensor for Park’s temperature sensor that leads to the predictable result of being able to sense temperature.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Chen and AlHazme, and further in view of U.S. Patent Application Publication No. 2019/0046033 to Gannon et al. (hereinafter “Gannon”).
For claim 7, Park, Chen, and AlHazme do not expressly disclose wherein the power supply part is a printed battery disposed on the one surface of the flexible circuit board.
However, Gannon teaches wherein a power supply part is a printed battery (32, and optionally including 33A, 33B, 35A, and 35B) disposed on one surface of a flexible circuit board (para [0052], [0072], [0093], and/or [0150]).
It would have been obvious to a skilled artisan to modify Park wherein the power supply part is a printed battery disposed on the one surface of the flexible circuit board, in view of the teachings of Gannon, because a printed battery is a suitable type of power surface to be used as Park’s power source for the predictable result of supplying power to Park’s device.
Response to Arguments
Applicant’s arguments filed 3/2/26 have been fully considered, and will be treated in the order they were presented. With respect to the first argument, the grounds of rejection has been updated making this argument moot. However, to still address the point made in the argument, this argument is against the purpose of references and claim 1 is an apparatus-type claim. A claim term is functional when it recites a feature by what it does rather than by what it is (i.e., improving accuracy of the user’s body temperature is what the electronic thermometer of claim 1 does, not what the electronic thermometer is). A functional limitation is often used in association with an element, ingredient, or step of a process to define a particular capability or purpose that is served by the recited element, ingredient or step (here that particular capability of purpose being improving accuracy). See Innova/Pure Water Inc. v. Safari Water Filtration Sys. Inc., 381 F.3d 1111, 1117-20, 72 USPQ2d 1001, 1006-08 (Fed. Cir. 2004). While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997). As a result, the argued claim language would be more persuasive in a method claim, but because claim 1 is an apparatus-type claim, the electronic thermometer must be distinguished from the prior art in terms of structure rather than function/purpose. With respect to the second argument, these two points are not dichotomous as is assumed in the argument. That is, data can be continuously measured, it can still be transmitted, and it can still be stored in memory. Storing data in memory doesn’t prevent continuous measurement and doesn’t prevent transmission, therefore it doesn’t change the principle operation. With respect to the third argument, the data logger is not recited in the claim and therefore this argument is not commensurate in scope with the claim language. Even if the data logger was recited in the claims, Chen explicitly discloses “data capable of being transmitted, received and/or stored in accordance with embodiments of the present invention” (emphasis added) (para [0020] of Chen) and “the memory device 220 may be an electronic storage device (for example, a computer readable storage medium) comprising gates configured to store data (for example, bits) that may be retrievable by a machine (for example, a computing device like the processor 210). The memory device 220 may be configured to store information, data, applications, instructions, or the like for enabling the apparatus 200 to carry out various functions in accordance with an example embodiment of the present invention” (emphasis added) (para [0030] of Chen). Therefore, it is unclear how the rejection doesn’t address the storing of data. With respect to the fourth argument, the motivational statement used in the rejection is allowed to be different from the advantage disclosed in the specification of the instant application according to KSR. That is, the obvious advantage to combine the references doesn’t have to be the same advantage that the inventor of this application recognized in their own invention.
Conclusion
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/DANIEL L CERIONI/Primary Examiner, Art Unit 3791
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