DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/17/2025 has been entered.
Response to Amendment
The amendment filed 09/17/2025 has been entered. Claims 1-9, 11, 13, 16-21 remain pending in the application. Applicant’s amendments to the claims have overcome the objections and rejections previously set forth in the Non-Final Office Action mailed 07/31/2025.
Response to Arguments
Applicant's arguments with respect to claims 1-9, 11, 13, 16-21 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. The claim amendments changed the scope of the claimed invention. See new grounds for rejection below.
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 1-9, 13, 16 is rejected under 35 U.S.C 103 as being unpatentable over Gorbunov et al. (US 20210052188) herein referred to as Gorbunov in view of Song et al. (US 20200030612) herein referred to as Song.
Regarding Claim 1, Gorbunov discloses a wearable electronic device (Figure 1 & 2) comprising: a housing (Figure 1, 103 & 105); a first electrode and a second electrode disposed on the housing (Figure 1, 215 & 205, 220 & 210); a pulse generator connected to the first electrode and the second electrode (Figure 1, 235); and a processor operatively connected the pulse generator (Figure 2, 230; Paragraph [0039]; wherein the microcontroller and microprocessor are one in the same); wherein the processor is configured to: in a state in which the wearable electronic device is worn to an external objects (Figure 8, 805; wherein device is worn on a user’s wrist), measure first contact impedance between the external object and the first electrode (Figure 8, 810); control an operation of the pulse generator to output a first series of pulse waves to the first electrode (Paragraph [0065]; wherein PWM circuit generates a pulse signal which is an AC current electrical signal that is provides to first current electrode when electrodes are in connect with a hand as seen in Figure 2): obtain biometric information from the first electrode and second electrode (Paragraph [0065]; wherein voltage electrode senses the differential voltage on the tissue and outputs an analog voltage signal which is converted by the AD converter in response to the pulse waves). However, Gorbunov does not explicitly disclose controlling a pulse generator when the first contact impedance is greater than a target impedance; measure second contact impedance between the external object and the first electrode; and when the second contact impedance is smaller than or equal to the target impedance obtain biometric information
Song discloses a wearable electronic device (Paragraph [0023]; wherein monitoring techniques can be implements into wearable electronic device) comprising controlling circuitry when the first contact impedance is greater than a target impedance (Figure 9; Paragraph [0114]; wherein if the impedance metric determined after the posture change is greater than a threshold difference from a preceding impedance metric and/or from the calibrated cardiac electrical signal amplitudes, control circuit may determine that re-calibration is needed); measure second contact impedance between the external object and the first electrode (Figure 9; wherein when re-calibration is a No based on the impedance measured and it is not time for data transmission, and time for impedance measurement, impedance is measured for a second time); and when the second contact impedance is smaller than or equal to the target impedance obtain biometric information (Paragraph [0114]; wherein if the impedance metric determined after the posture change is greater than a threshold difference from a preceding impedance metric control circuit may determine that re-calibration is needed such that in a case when it is smaller than or equal to following the flow chart in Figure 9, no recalibration is needed therefore data can be obtained and transmitted). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device taught by Gorbunov to include a second measurement after the pulses are generated and obtain measured biometric information based on the impedance. The motivation being to obtain a calibration relationship between impedance such that it can account for delays in impedance and/or different impedances (Song, Paragraph [0053]).
Regarding claim 2, Gorbunov in view of Song discloses the wearable electronic device of claim 1. Gorbunov also discloses wherein the processor is configured to control the operation of the pulse generator to output the first series of pulse waves based on at least one parameter for the first series of pulse waves (Paragraph [0065]; wherein PWM circuit generates a pulse signal which is an AC current electrical signal that is provides to first current electrode when electrodes are in connect with a hand as seen in Figure 2; Figure 3, 310; 310 is a pulse width modulation is determined from the processor, therefore the parameter that is set is the pulse width).
Regarding claim 3, Gorbunov in view of Song discloses the wearable electronic device of claim 2. Gorbunov also discloses wherein the at least one parameter includes at least one of pulse power, amplitude, a pulse width, a pulse interval, a pulse period, a pulse train width, a pulse train interval, a pulse train period, a number of pulses included in each pulse train, a duty cycle, a pulse duty cycle, or a pulse shape (Figure 3, 310; 310 is a pulse width modulation produced from the processor, therefore the parameter that is set is the pulse width)
Regarding claim 4, Gorbunov in view of Song discloses the wearable electronic device of claim 1. Song also discloses wherein the processor is configured to: when the first contact impedance is smaller than or equal to the target impedance (Paragraph [0114]; wherein if the impedance metric determined after the posture change is greater than a threshold difference from a preceding impedance metric control circuit may determine that re-calibration is needed such that in a case when it is smaller than or equal to following the flow chart in Figure 9, no recalibration is needed therefore data can be obtained and transmitted), obtain the biometric information based on first biometric signal obtained via the first electrode and second electrode while the first contact impedance is smaller than or equal to the target impedance (Paragraph [0114]; wherein if the impedance metric determined after the posture change is greater than a threshold difference from a preceding impedance metric control circuit may determine that re-calibration is needed such that in a case when it is smaller than or equal to following the flow chart in Figure 9, no recalibration is needed therefore data can be obtained and transmitted such that if no calibration is needed for the first impedance measurement and for the second impedance measurement both impedances data can be transmitted) Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device taught by Gorbunov in view of Song to obtain measured biometric information based on the impedance. The motivation being to obtain a calibration relationship between impedance such that it can account for delays in impedance and/or different impedances (Song, Paragraph [0053]).
Regarding claim 5, Gorbunov in view of Song discloses the wearable electronic device of claim 4. Song also discloses wherein the processor is configured to: when the first contact impedance is smaller than or equal to the target impedance (Paragraph [0114]; wherein if the impedance metric determined after the posture change is greater than a threshold difference from a preceding impedance metric control circuit may determine that re-calibration is needed such that in a case when it is smaller than or equal to following the flow chart in Figure 9, no recalibration is needed therefore data can be obtained and transmitted), obtain the biometric information based on second biometric signal obtained via the first electrode and second electrode while the first contact impedance is smaller than or equal to the target impedance (Paragraph [0114]; wherein if the impedance metric determined after the posture change is greater than a threshold difference from a preceding impedance metric control circuit may determine that re-calibration is needed such that in a case when it is smaller than or equal to following the flow chart in Figure 9, no recalibration is needed therefore data can be obtained and transmitted such that if no calibration is needed for the first impedance measurement and for the second impedance measurement both impedances data can be transmitted) Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device taught by Gorbunov in view of Song to obtain measured biometric information based on the impedance. The motivation being to obtain a calibration relationship between impedance such that it can account for delays in impedance and/or different impedances (Song, Paragraph [0053]).
Regarding claim 6, Gorbunov in view of Song discloses the wearable device of claim 1 wherein the processor is configured to: based on the second contact impedance is greater than the target impedance (Song, Figure 9; Paragraph [0114]; wherein if the impedance metric determined after the posture change is greater than a threshold difference from a preceding impedance metric and/or from the calibrated cardiac electrical signal amplitudes, control circuit may determine that re-calibration is needed after the second impedance reading): control the operation of the pulse generator to output a second series of pulse waves to the first electrode (Gorbunov, Paragraph [0065]; wherein PWM circuit generates a pulse signal which is an AC current electrical signal that is provides to first current electrode when electrodes are in connect with a hand as seen in Figure 2; Paragraph [0047]; wherein Pulse signals can be generated at multifrequency therefore provide a second series of pulse waves at a different frquency): measure third contact impedance between the external object and the first electrode after the second series of pulse waves is outputted (Song, Figure 9; wherein when re-calibration is a No based on the impedance measured and it is not time for data transmission, and time for impedance measurement, impedance is measured for a third time): and obtain the biometric information based on third biometric signal obtained via the first electrode and second electrode while the third contact impedance is smaller than or equal to the target impedance (Song, Paragraph [0114]; wherein if the impedance metric determined after the posture change is greater than a threshold difference from a preceding impedance metric control circuit may determine that re-calibration is needed such that in a case when it is smaller than or equal to following the flow chart in Figure 9, no recalibration is needed therefore data can be obtained and transmitted), wherein the second series of pulse waves is outputted until the third contact impedance is smaller than or equal to the target impedance (Song, Figure 9; Paragraph [0114]; wherein if the impedance metric determined after the posture change is greater than a threshold difference from a preceding impedance metric and/or from the calibrated cardiac electrical signal amplitudes, control circuit may determine that re-calibration is needed therefore the waves taught by Gorbunov would continue until the impedance is smaller and no re-calibration is needed) Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device taught by Gorbunov in view of Song to obtain measured biometric information based on the impedance as taught by song. The motivation being to obtain a calibration relationship between impedance such that it can account for delays in impedance and/or different impedances (Song, Paragraph [0053]).
Regarding claim 7, Gorbunov in view of Song discloses the wearable electronic device of claim 1. Gorbunov also discloses wherein the processor is configured to: control the operation of the pulse generator to output the first series of pulse waves while a first time period (Paragraph [0065]; wherein PWM circuit generates a pulse signal which is an AC current electrical signal that is provides to second current electrode when electrodes are in connect with a hand wherein when pulse signal is generated is seen as a second time period; Paragraph [0033]; wherein communication module communicates and operates bioimpedance measurement model, therefore could output a second series of pulse waves at a second time period that does not overlap with the first): and control the operation of the pulse generator to output the second first series of pulse waves while a second time period different from the first time period (Paragraph [0065]; wherein PWM circuit generates a pulse signal which is an AC current electrical signal that is provides to second current electrode when electrodes are in connect with a hand wherein when pulse signal is generated is seen as a second time period; Paragraph [0033]; wherein communication module communicates and operates bioimpedance measurement model, therefore could output a second series of pulse waves at a second time period that does not overlap with the first).
Regarding claim 8, Gorbunov in view of Song discloses the wearable electronic device of claim 7. Gorbunov also discloses wherein the processor is configured to control the operation of the pulse generator to output the second series of pulse waves based on at least one parameter for the second series of pulse waves while a second time period different from the first time period (Paragraph [0065]; wherein PWM circuit generates a pulse signal which is an AC current electrical signal that is provides to first current electrode when electrodes are in connect with a hand as seen in Figure 2; Figure 3, 310; 310 is a pulse width modulation is determined from the processor, therefore the parameter that is set is the pulse width; Paragraph [0065]; wherein PWM circuit generates a pulse signal which is an AC current electrical signal that is provides to second current electrode when electrodes are in connect with a hand wherein when pulse signal is generated is seen as a second time period; Paragraph [0033]; wherein communication module communicates and operates bioimpedance measurement model, therefore could output a second series of pulse waves at a second time period that does not overlap with the first).
Regarding claim 9, Gorbunov in view of Song discloses the wearable electronic device of claim 8. Gorbunov also discloses wherein the at least one parameter for the second series of pulse waves is different from the at least one parameter for the first series of pulse waves parameter (Paragraph [0035]; wherein the first parameter can be pulse shape; Paragraph [0036]; wherein a second parameter can be amplitude).
Regarding claim 13, Gorbunov in view of Song discloses the wearable electronic device of claim 1. Gorbunov also discloses wherein the biometric information is at least one of electrocardiogram (ECG), bioelectrical impedance analysis (BIA), or electrodermal activity (EDA) (Paragraph [0062]; wherein the bioinformation is BIA)
Regarding claim 16, Gorbunov discloses A method (Paragraph [0026]) comprising: in a state in which a wearable electronic device is worn to an external object (Figure 8, 805; wherein device is worn on a user’s wrist), measuring first contact impedance between the external object and a first electrode (Figure 8, 810); outputting a first series of pulse waves to the first electrode (Paragraph [0065]; wherein PWM circuit generates a pulse signal which is an AC current electrical signal that is provides to first current electrode when electrodes are in connect with a hand as seen in Figure 2): However, Gorbunov does not explicitly disclose when the first contact impedance is greater than a target impedance outputting pulse waves. measuring second contact impedance between the external object and the first electrode after the first series of pulse waves is outputted; when the second contact impedance is smaller than or equal to the target impedance, obtaining biometric information from the first electrode and a second electrode.
Song discloses a method (Figure 9) comprising controlling circuitry when the first contact impedance is greater than a target impedance (Figure 9; Paragraph [0114]; wherein if the impedance metric determined after the posture change is greater than a threshold difference from a preceding impedance metric and/or from the calibrated cardiac electrical signal amplitudes, control circuit may determine that re-calibration is needed); measure second contact impedance between the external object and the first electrode (Figure 9; wherein when re-calibration is a No based on the impedance measured and it is not time for data transmission, and time for impedance measurement, impedance is measured for a second time); and when the second contact impedance is smaller than or equal to the target impedance obtain biometric information (Paragraph [0114]; wherein if the impedance metric determined after the posture change is greater than a threshold difference from a preceding impedance metric control circuit may determine that re-calibration is needed such that in a case when it is smaller than or equal to following the flow chart in Figure 9, no recalibration is needed therefore data can be obtained and transmitted). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device taught by Gorbunov to include a second measurement after the pulses are generated and obtain measured biometric information based on the impedance. The motivation being to obtain a calibration relationship between impedance such that it can account for delays in impedance and/or different impedances (Song, Paragraph [0053]).
Regarding claim 17, Gorbunov in view of Song disclose the method of claim 16. Gorbunov also discloses wherein the outputting of the first series of pulse waves further comprising outputting the first series of pulse waves based on at least one parameter for the first series of pulse waves (Paragraph [0065]; wherein PWM circuit generates a pulse signal which is an AC current electrical signal that is provides to first current electrode when electrodes are in connect with a hand as seen in Figure 2; Figure 3, 310; 310 is a pulse width modulation is determined from the processor, therefore the parameter that is set is the pulse width).
Regarding claim 18, Gorbunov in view of Song discloses the method of claim 17. Gorbunov also discloses wherein the at least one parameter includes at least one of pulse power, amplitude, a pulse width, a pulse interval, a pulse period, a pulse train width, a pulse train interval, a pulse train period, a number of pulses included in each pulse train, a duty cycle, a pulse duty cycle, or a pulse shape (Figure 3, 310; 310 is a pulse width modulation produced from the processor, therefore the parameter that is set is the pulse width).
Regarding claim 19, Gorbunov in view of Song discloses the method of claim 17. Song further comprises; when the first contact impedance is smaller than or equal to the target impedance (Paragraph [0114]; wherein if the impedance metric determined after the posture change is greater than a threshold difference from a preceding impedance metric control circuit may determine that re-calibration is needed such that in a case when it is smaller than or equal to following the flow chart in Figure 9, no recalibration is needed therefore data can be obtained and transmitted), obtaining the biometric information based on first biometric signal obtained via the first electrode and second electrode while the first contact impedance is smaller than or equal to the target impedance (Paragraph [0114]; wherein if the impedance metric determined after the posture change is greater than a threshold difference from a preceding impedance metric control circuit may determine that re-calibration is needed such that in a case when it is smaller than or equal to following the flow chart in Figure 9, no recalibration is needed therefore data can be obtained and transmitted such that if no calibration is needed for the first impedance measurement and for the second impedance measurement both impedances data can be transmitted) Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device taught by Gorbunov in view of Song to obtain measured biometric information based on the impedance. The motivation being to obtain a calibration relationship between impedance such that it can account for delays in impedance and/or different impedances (Song, Paragraph [0053]).
Regarding claim 20, Gorbunov in view of Song discloses the method of claim 19. Song further comprises: when the second contact impedance is smaller than or equal to the target impedance (Paragraph [0114]; wherein if the impedance metric determined after the posture change is greater than a threshold difference from a preceding impedance metric control circuit may determine that re-calibration is needed such that in a case when it is smaller than or equal to following the flow chart in Figure 9, no recalibration is needed therefore data can be obtained and transmitted). obtaining the biometric information based on second biometric signal obtained via the first electrode and second electrode while the second contact impedance is smaller than or equal to the target impedance (Paragraph [0114]; wherein if the impedance metric determined after the posture change is greater than a threshold difference from a preceding impedance metric control circuit may determine that re-calibration is needed such that in a case when it is smaller than or equal to following the flow chart in Figure 9, no recalibration is needed therefore data can be obtained and transmitted such that if no calibration is needed for the first impedance measurement and for the second impedance measurement both impedances data can be transmitted) Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device taught by Gorbunov in view of Song to obtain measured biometric information based on the impedance. The motivation being to obtain a calibration relationship between impedance such that it can account for delays in impedance and/or different impedances (Song, Paragraph [0053]).
Claim 11 is rejected under 35 U.S.C 103 as being unpatentable over Gorbunov and Song in view of Katra et al. (US 20110245711) herein referred to as KATRA.
Regarding Claim 11, Gorbunov in view of Song disclose the wearable electronic device of claim 1. However, Gorbunov in view of Song does not explicitly disclose wherein the processor is configured to: after obtaining the biometric information, reset the target impedance.
Katra discloses a wearable electronic device (Figure 1, 100) wherein the processor is configured to: after obtaining the biometric information, reset the target impedance (Paragraph [0061]; wherein after the first 5 days of obtaining biometric information, the baseline impedance may be reset). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the deviced taught by Gorbunov and Song to include a reset. The motivation being impedance readings may be changing significantly during the initial period during which the baseline values are being established (Katra, Paragraph [0161).
Claim 21 is rejected under 35 U.S.C 103 as being unpatentable over Gorbunov and Song in view of Savage et al. (US 20120310315) herein referred to as Savage.
Regarding Claim 21, Gorbunov in view of Song discloses the wearable electronic device of claim 1. However, Gorbunov in view of Song does not explicitly disclose wherein the first and second electrodes are configured to apply an electric field that electroporates skin tissue.
Savage discloses a wearable electronic device (Figure 1, 100) wherein the first and second electrodes are configured to apply an electric field that electroporates skin tissue (Paragraph [0043]). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrodes taught by Gorbunov in view of Song to apply an electric field that electroporates skin tissue as taught by Savage. The motivation being allowing the passing ions to perforate the tissue layer, providing new pathways for the passage of substances, both charged and not charged (Savage, Paragraph [0043]).
Conclusion
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ALYSSA M. PAPE
Examiner
Art Unit 3794
/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794