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 .
Claims Accounting
Applicant's arguments, filed 12/18/2025, have been fully considered.
The following rejections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Applicants have amended their claims, filed 12/18/2025, and therefore rejections newly made in the instant office action have been necessitated by amendment.
Claims 1, 6, 8, and 15 have been amended.
Claims 1-15 are the current claims hereby under examination.
Information Disclosure Statements
The information disclosure statements (IDS) submitted on 10/24/2025, 12/26/2025, and 06/24/2026 have been considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 8-9 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.
Regarding claim 8, the claim recites “ambient light sensor” in line 2. The recitation, function, or effect of an ambient light sensor is not disclosed in the original disclosure, and therefore the description of the ALS module as an ambient light sensor module constitutes new matter. The previous recitation of ALS module is not defined in the specification or drawings, and no related function of the ALS module is made such that one of ordinary skill in the art would know the meaning of an ALS module. Claim 9 contains the recitation of “ALS module” and is rejected by for similar reasons as claim 8.
Claim Rejections - 35 USC § 102
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 following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 5-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WIPO Publication 2021/057873 by Li et al. – previously cited, hereinafter, “Li”.
Regarding claim 1, Li discloses an electronic device, comprising: a housing defining an internal volume (Figure 14 depicts the electronic device comprising a peripheral housing representing a depth of the electronic device, and front and back surfaces; Examiner notes that the temperature sensors 11 and 12 are non-contact sensors, and outer surface of the temperature sensors 11 and 12 can be concave compared to the shell on the front of the watch as described in par. [0126]. The shell is considered the front face of the device, the peripheral housing is considered the housing, and the temperature sensors 11 and 12 can be being concave on the shell of the device and internal components as implying an internal volume of the peripheral housing to accommodate those components. Examiner notes that all paragraph numbers are made in reference to Li are directed towards the corresponding US Patent Publication 2022/0386878), a front opening (Figure 14 depicts the electronic device comprising a peripheral housing, and front surface. The front surface supporting the display is positioned over a front opening of the device.) and a rear opening (Figure 14 depicts a back surface of the housing in connection with the opposite side of the peripheral housing; Examiner notes the back surface is positioned over a rear opening of the peripheral housing);
a display component disposed at the front opening (Figure 14 depicts display 15 integrated into the front surface of the electronic device. The front surface supports the display and the display is positioned over a front opening of the device as it is integrated with the front surface);
a rear cover disposed at the rear opening (Figure 14 depicts a back surface of the housing; Examiner notes the presence of a back surface of the housing and internal components implies a rear opening to receive and enclose those components.);
a first temperature sensor disposed adjacent to the display component (Figure 14 depicts temperature sensor 11 adjacent to the display on the front surface of the electronic device) and within the internal volume of the housing (The first temperature sensor may be concaved, as noted above. Therefore, at least a portion of the sensor would be contained within the internal volume of the housing); and
a second temperature sensor disposed adjacent to the rear cover (Figure 14 depicts temperature sensor 13 on the back surface of electronic device housing; Examiner notes back surface of electronic device housing as rear cover) and within the internal volume of the housing (Examiner notes the processor receiving Ts as being electrically connected to the second temperature sensor 13 because data is being transmitted from the sensors to the processor. The electrical connections can be considered to be a part of the sensor, and therefore at least a part of the sensor is within the internal volume of the housing); and
a processor electrically connected to the first temperature sensor and the second temperature sensor ([0215]; The temperature sensor 11 and the temperature sensor 13 are connected to the processor 110, as the processor obtains temperature data from both sensors.),
the processor configured to determine a core temperature of a user based on a first temperature detected by the first temperature sensor and a second temperature detected by the second temperature sensor (The core temperature is determined by using a measure of the forehead temperature Tf ([0124]; via temperature sensor 11) and the skin temperature Ts ([0210]; via temperature sensor 13) ([0007-0008]). This core temperature is then corrected by using the ambient temperature wherein the ambient temperature is measured by the temperature sensor used to measure the forehead temperature ([0124]). The measurement is more accurate and closer to the real core body temperature of the human body (par. [0127]). Examiner notes Tf and Te as the measurements from the first temperature sensor, Ts as the measurement from the second temperature sensor, and the mapping of Ts and Tc values as outputting a core temperature based on the first temperature Tf and second temperature Ts because Tf is corrected for ambient temperature in order to produce a value closer to the real core body temperature).
Regarding Claims 5 and 6, Li discloses the electronic device of claim 1, wherein the second temperature sensor is disposed directly against the rear cover/against the housing (Figure 14 depicts temperature sensors 13 and 14 on the back surface of the electronic device; Examiner notes back surface of electronic device as the rear cover of the electronic device housing because it contributes to the full enclosure of the inner contents of the electronic device).
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.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of U.S. Patent Publication No. 2021/0076945 by Imamura – previously cited, hereinafter “Imamura” as evidenced by Properties and Uses of Thermistors-Thermally Sensitive Resistors (1946) by Becker et al. – previously cited, hereinafter “Becker”.
Regarding claims 2-4, Li teaches the electronic device of claim 1. However, Li does not disclose a heat-generating electrical component disposed in the internal volume and forming a part of a thermal path and is disposed between the first temperature sensor and the second temperature sensor.
Imamura teaches a device configured to measure deep (i.e., core) body temperature (Abstract) comprising a thermal resistor layer including two thermal resistors disposed between two temperature sensors ([0030]; Figure 2 depicts thermal resistor layer 30 consisting of thermal resistor 301 between temperature sensor 701 and temperature sensor 702 and thermal resistor 302 between temperature sensor 703 and temperature sensor 704. Examiner notes thermal resistor layer comprising two thermal resistors as the heat-generating electrical component.).
Furthermore, Becker teaches the heating nature of resistors (Page 189, Paragraph 2, line 1, a thermistor is heated by passing current through it).
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to have modified the electrical components within the internal volume of Li to include a heat-generating electrical component disposed between the first and second temperature sensor that forms a part of a thermal path. Doing so would allow for the development of at least one heat flux and the calculation of deep body temperature based on the at least one heat flux, as taught by Imamura ([0030, 0036]). This modification comprises combining prior art elements (use of thermal resistors between temperature sensors to determine core body temperature) according to known methods to yield predictable results. See MPEP 2143.I.A.
Claims 7-8, 10, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of US Patent Publication 2017/0196507 by Singh et al., hereinafter “Singh” in view of US Patent Publication 2016/0338639 by Myers et al., hereinafter “Myers”.
Regarding claim 7, Li discloses an electronic device, comprising: a housing defining a front opening (See the rejection of claim 1), a rear opening (See the rejection of claim 1), and an internal volume (See the rejection of claim 1);
a display component disposed at the front opening (See the rejection of claim 1);
a rear cover disposed at the rear opening (See the rejection of claim 1);
a first temperature sensor (See the rejection of claim 1);
and a second temperature sensor in electrical communication with the first temperature sensor (See the rejection of claim 1, the first and second temperature sensors are at least in electrical communication via shared electrical communication of the processor).
However, Li does not teach a first printed circuit board (PCB) disposed underneath the display component in the internal volume, a second PCB adhered to the rear cover, or wherein the first temperature sensor disposed on the first PCB.
Singh teaches a medical device comprising a housing and multiple sensor components (See Fig. 4). Singh teaches that the sensing module may include an electronic circuit board, such as a printed circuit board to provide space-efficient electronic packaging and mechanical support for the various electrical components and subsystems ([0047]).
It would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to have modified the electronic device of Li to include a first printed circuit board disposed underneath the display component to support the display component and the first temperature sensor and a second printed circuit board to support the second temperature sensor. This modification would provide space-efficient packaging and mechanical support to the sensors and electrical components, as taught by Singh ([0047]). It is noted that Li teaches the second temperature sensor is disposed against the rear cover, and therefore the inclusion of the second PCB would comprise it being adhered to the rear cover.
Li in view of Singh does not teach the second temperature sensor disposed on a plate.
Myers et al. teaches a wrist-worn wearable device configured to make contact with the skin of a user. Myers teaches the use of a spacer (i.e., plate) between the sensor configured to contact the skin and the PCB to which it is mounted. The spacer serves to enable secure contact between the sensor and the skin and isolate the sensing component from the electrical circuit ([0070]).
It would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to have modified the electronic device taught by the combination of Li and Singh, such that the second temperature sensor is disposed on a plate, to enable securing contact between the sensor and the skin and isolating the sensing component from the electrical circuit, as taught by Myers ([0070]).
Regarding claim 8, the combination of Li, Singh, and Myers teaches the electronic device of claim 7, but does not teach wherein the first temperature sensor is disposed on an ALS module of the first PCB and the electronic device further comprising a shield disposed on the ALS module next to the first temperature sensor.
Li teaches another embodiment of an electronic device comprising a display screen and an ambient light sensor 180L configured to sense ambient light brightness. This sensor allows the display to be adaptively adjusted based on the sensed brightness of the ambient light ([0098]).
It would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to have modified the device taught by Li, Singh, and Myers to include an ambient light sensor module, such that the display can adaptively adjust the brightness based on the sensed ambient brightness, as taught by Li ([0098]), thereby making the screen easier to view. It is noted that the ALS module would be on the first PCB, as this PCB faces the same direction as the display and would give an accurate assessment of the ambient light near the display. It is noted that the area of the PCB containing the ALS sensor can be considered the ALS module.
Regarding Claim 10, the combination of Li, Singh, and Myers teach the electronic device of claim 7, further comprising a processor electrically connected to the first temperature sensor and the second temperature sensor, the processor configured to determine a core temperature of a user based on a first temperature detected by the first temperature sensor and a second temperature detected by the second temperature sensor (See the rejection of claim 1).
Regarding Claims 14-15, the combination of Li, Singh, and Myers teaches the electronic device of claim 10, wherein the second temperature sensor is disposed directly against the rear cover/housing (See the rejections of claims 5 and 6).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Singh in view of Myers, as applied to claim 8, in view of US Patent Publication 2010/0004519 by Lamego et al., hereinafter “Lamego”.
The combination of Li, Singh, and Myers teaches the electronic device of claim 8, but does not teach a shield disposed on the ALS module next to the first temperature sensor. Li teaches that a display screen may comprise LEDs ([0078]).
Fig. 15A of Lamego teaches a device comprising LEDs. Lamego teaches that the LEDs produce heat and a conductive shield can act as a heat sink by absorbing thermal energy from the LEDs ([0219]).
It would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to have modified the electronic device taught by Li, Singh, and Myers to include a shield disposed on the ALS module next to the first temperature sensor to absorb thermal energy that is produced by the display, as taught by Lamego ([0219]). It is noted that the temperature sensor disposed on the first PCB (the same PCB as the display) is configured to detect ambient temperature, and therefore thermal energy transferred from the display would cause the temperature sensor to be inaccurate. However, the inclusion of a thermal shield would prevent the thermal energy from interfering with the temperature measurement of the temperature sensor.
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Singh in view of Myers, as applied to claim 10, in view of Imamura as evidenced by Becker.
Regarding claims 11-13, the combination of Li, Singh, and Myers teaches the electronic device of claim 10, but is silent on the device further comprising a component disposed in the internal volume and forming a part of a thermal path between the first temperature sensor and the second temperature sensor, wherein the component is disposed between the first temperature sensor and the second temperature sensor, or wherein the component is a heat-generating electrical component.
It would have been prima facie obvious to one of ordinary skill in the art at the time of the effective filing date to have modified the device taught by the combination of Li, Singh, and Myers to include the thermal resistors taught by Imamura between the first and second temperature sensors in order to determine the deep body temperature. (See the rejection of claims 2-4). The combination of Li, Singh, Myers, and Imamura would comprise a component disposed in the internal volume and forming a part of a thermal path between the first temperature sensor and the second temperature sensor, wherein the component is disposed between the first temperature sensor and the second temperature sensor, and wherein the component is a heat-generating electrical component (as Evidenced by Becker. See the rejection of claims 2-4 above).
Response to Arguments
Applicant’s arguments, filed 12/18/2025 have been fully considered.
The amendments to claims 6 and 15 overcome the objections of record.
The amendments to the claims overcome the rejections under 35 U.S.C. 112(b) of claim 9, as it is clear, based on the amendments, that ALS module stands for ambient light sensor.
The amendments to the claims do not overcome the rejection of claim 9 under 35 U.S.C. 112(a), as one of ordinary skill in the art would not know that ALS stands for ambient light sensor. Applicants arguments regarding the rejections under 35 U.S.C. 112(a) are acknowledged. These arguments are not found persuasive. The specification does not recite the term “ambient” or recite the term “light” with respect to the ALS module. Further, there is no recitation of the function of the ALS module, and therefore, one of ordinary skill in the art would not be able to discern the function, theory, or advantage presented by the term ALS module.
Applicant’s assertion regarding the rejection of claim 1 under 35 U.S.C. 102 is acknowledged. This assertion is moot as it is based on amendments to the claims not entered at the time of the previous Office action. The newly presented limitations are rejected on new grounds above.
Applicant argues that the ‘730 reference is silent regarding the first or second temperature sensors in contact or able to measure the skin surface of the user. Applicant further argues that the modification of Li in view of the ‘730 reference would result in the no temperature sensors not be disposed on the front surface of the smart watch and therefore, the device would not be able to measure the temperature of the user. These arguments are moot as claim 7 is rejected on new grounds presented above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent Publication 2022/0047174 by Davies et al teaches a wearable device configured to measure the ambient temperature of air and the skin temperature of a user and determine at least one metric indicative of the core temperature of the user.
US Patent Publication 2022/0395185 by Lee et al. teaches an apparatus for estimating a core body temperature comprising a plurality of temperature sensors and a thermistor between them.
US Patent Publication 2023/0036809 by Lee et al. teaches an apparatus for estimating a core body temperature comprising a plurality of temperature sensors and a plurality of thermistors between them.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NELSON A GLOVER whose telephone number is (571)270-0971. The examiner can normally be reached Mon-Fri 8:00-5:00 EST.
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/NELSON ALEXANDER GLOVER/ Examiner, Art Unit 3791
/ADAM J EISEMAN/ Primary Examiner, Art Unit 3791
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