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
The amendment filed 04/27/2026 has been entered. Claims 1-9, 11 & 16-20 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 01/27/2026.
Response to Arguments
Applicant's arguments with respect to claims 1-9, 11, & 16-20 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.
Claim 1-9 & 16-20 is rejected under 35 U.S.C 103 as being unpatentable over Matsumura et al. (US 20190313924) in view of Bocquet et al. (US 20180085036) herein referred to as Bocquet.
Regarding Claim 1, Matsumura discloses a wearable electronic device (Figure 1) comprising: a housing (Figure 1 , 20); a first electrode and a second electrode disposed on the housing (Figure 1, 41-46); a pulse generator connected to the first electrode and the second electrode (Fig 3, 40-1, Paragraph [0153]; wherein pulse wave sensors act as a generator and output a pulse); and a processor operatively connected to the pulse generator (Paragraph [0153]; wherein pulse wave sensors communicate therefore are operatively connected to CPU); wherein the processor is configured to: in a state in which the wearable electronic device is worn to an external object (Figure 5A), measure first skin resistance based on first measured contact impedance between the external object and at least one of the first electrode or the second electrode (Paragraph [0100]; wherein impedance is measured in which is directly correlated to the skin resistance therefore, by measuring the impedance, the resistance is also measured in terms of increased and decreased values); based on a result of the first skin resistance being greater, control an operation of the pulse generator to output a first series of pulse waves to at least one of the first electrode or the second electrode (Figure 10; Paragraph [0100]; wherein the contact resistance increases, and thus the rate of change in impedance of the artery to be originally detected decreases, so that the S/N characteristic of the measured pulse wave signal (Signal-to-Noise ratio) gets worse, therefore as seen in figure 10, if the pulse wave signal is maximum, the S/N characteristic is at its maximum which in turn correlates to be lesser contact resistance therefore the pulse wave signal is not at its maximum and follows the “no” arrow to resend out pulse wave PS1); measure second skin resistance based on second measured contact impedance between the external object and at least one of the first electrode or the second electrode after the first series of pulse waves is outputted (Figure 10, S35; Paragraph [0100]; wherein impedance is measured in which is directly correlated to the skin resistance therefore, by measuring the impedance, the resistance is also measured in terms of increased and decreased values); and based on a result of the pulse wave signal PS1 being smaller than or equal to the threshold obtain biometric information based on a biometric signal obtained via the first electrode and second electrode (Figure 6; wherein steps above occur in S3, when S3, which is seen in Figure 10 as S37, is finished, S4 is when biometric information is obtained such that it is blood pressure level). However, Matsumura does not explicitly disclose based on a result of the first skin resistance being greater than threshold and based on a result of the second skin resistance being smaller than or equal to the threshold.
Bocquet discloses an electronic device (Figure 3A, 100) wherein based on a result of the first skin resistance being greater than threshold control an operation of the processor (Figure 5, 330; Paragraph [0067]; wherein conductivity of the electrodes are determined by a resistance of a determined value; Paragraph [0113]; wherein if the values exceed a given threshold, the circuitry communicates to the processor to prohibit measurement protocol) and based on a result of the second skin resistance being smaller than or equal to the threshold obtain biometric information (Figure 5; 350; Paragraph [0067]; wherein conductivity of the electrodes are determined by a resistance of a determined value; Paragraph [0114]; If there is no difference or the difference is less than the threshold, the measuring circuit communicates a positive signal to the processor, allowing the implementation of the measurement protocol in which the biometrical information obtained is the electrochemical conductance of the skin). 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 electronic device taught by Matsumura to include the thresholds as taught by Bocquet. The motivation being to check correct functioning of the electrode assemblies before measuring the biometrical information (Bocquet, Paragraph [0108]).
Regarding claim 2, Matsumura in view of Bocquet discloses the wearable electronic device of claim 1. Matsumura 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 (Figure 5B; Paragraph [0085]; wherein the processor controls the pulse waveform shape to be a mountain-like structure).
Regarding claim 3, Matsumura in view of Bocquet discloses the wearable electronic device of claim 2. Matsumura 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 5B; Paragraph [0085]; wherein the processor controls the pulse waveform shape to be a mountain-like structure).
Regarding claim 4, Matsumura in view of Bocquet discloses the wearable electronic device of claim 1. Bocquet also discloses wherein the processor is configured to: based on a result of the first skin resistance is-being smaller than or equal to the threshold (Figure 5; 350; Paragraph [0067]; wherein conductivity of the electrodes are determined by a resistance of a determined value; Paragraph [0114]; If there is no difference or the difference is less than the threshold, the measuring circuit communicates a positive signal to the processor, allowing the implementation of the measurement protocol in which the biometrical information obtained is the electrochemical conductance of the skin), obtain the biometric information based on a biometric signal obtained via the first electrode and second electrode while the first skin resistance is smaller than or equal to the threshold (Figure 5; 350; Paragraph [0067]; wherein conductivity of the electrodes are determined by a resistance of a determined value; Paragraph [0114]; If there is no difference or the difference is less than the threshold, the measuring circuit communicates a positive signal to the processor, allowing the implementation of the measurement protocol in which the biometrical information obtained is the electrochemical conductance of the skin). 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 electronic device taught by Matsumura to include the thresholds as taught by Bocquet. The motivation being to check correct functioning of the electrode assemblies before measuring the biometrical information (Bocquet, Paragraph [0108]).
Regarding claim 5, Matsumura in view of Bocquet discloses the wearable electronic device of claim 1. Bocquet also discloses wherein the processor is configured to: based on a result of the second skin resistance is-being smaller than or equal to the threshold (Figure 5; 350; Paragraph [0067]; wherein conductivity of the electrodes are determined by a resistance of a determined value; Paragraph [0114]; If there is no difference or the difference is less than the threshold, the measuring circuit communicates a positive signal to the processor, allowing the implementation of the measurement protocol in which the biometrical information obtained is the electrochemical conductance of the skin), obtain the biometric information based on a biometric signal obtained via the first electrode and second electrode while the first skin resistance is smaller than or equal to the threshold (Figure 5; 350; Paragraph [0067]; wherein conductivity of the electrodes are determined by a resistance of a determined value; Paragraph [0114]; If there is no difference or the difference is less than the threshold, the measuring circuit communicates a positive signal to the processor, allowing the implementation of the measurement protocol in which the biometrical information obtained is the electrochemical conductance of the skin). 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 electronic device taught by Matsumura to include the thresholds as taught by Bocquet. The motivation being to check correct functioning of the electrode assemblies before measuring the biometrical information (Bocquet, Paragraph [0108]).
Regarding claim 6, Matsumura in view of Bocquet discloses The wearable electronic device of claim 1. Matsumura also discloses wherein the processor is configured to: based on the second skin resistance is greater than the threshold: control the operation of the pulse generator to output a second series of pulse waves to at least one of the first electrode or second electrode (Figure 10; Paragraph [0100]; wherein the contact resistance increases, and thus the rate of change in impedance of the artery to be originally detected decreases, so that the S/N characteristic of the measured pulse wave signal (Signal-to-Noise ratio) gets worse, therefore as seen in figure 10, if the pulse wave signal is maximum, the S/N characteristic is at its maximum which in turn correlates to be lesser contact resistance therefore the pulse wave signal is not at its maximum and follows the “no” arrow to resend out pulse wave PS2); measure third skin resistance based on third measured contact impedance between the external object and at least one of the first electrode or the second electrode after the second series of pulse waves is outputted (Figure 10, S35; Paragraph [0100]; wherein impedance is measured in which is directly correlated to the skin resistance therefore, by measuring the impedance, the resistance is also measured in terms of increased and decreased values); and obtain the biometric information based on a third biometric signal obtained via the first electrode and second electrode while the third skin resistance is smaller than or equal to the threshold (Figure 6; wherein steps above occur in S3, when S3, which is seen in Figure 10 as S37, is finished, S4 is when biometric information is obtained such that it is blood pressure level), wherein the second series of pulse waves is outputted until the third skin resistance contact impedance is smaller than or equal to the threshold (Figure 10; if the pulse wave signal is maximum, the S/N characteristic is at its maximum which in turn correlates to be lesser contact resistance therefore the pulse wave signal is not at its maximum and follows the “no” arrow to resend out pulse wave PS2 until it is within the threshold).
Regarding claim 7, Matsumura in view of Bocquet discloses The wearable electronic device of claim 6. Matsumura 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; 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 (Figure 5B, PS1 & PS2).
Regarding claim 8, Matsumura in view of Bocquet discloses the wearable electronic device of claim 7. Matsumura 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 (Figure 5B; Paragraph [0085]; wherein the processor controls the pulse waveform shape to be a mountain-like structure).
Regarding claim 9, Matsumura in view of Bocquet discloses the wearable electronic device of claim 8. Matsumura 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 5B; Paragraph [0085]; wherein the processor controls the pulse waveform shape to be a mountain-like structure).
Regarding claim 16, Matsumura discloses A method comprising: in a state in which a wearable electronic device is worn to an external object (Figure 6 & 10), measuring first skin resistance based on first measured contact impedance between the external object and at least one of a first electrode or the second electrode (Paragraph [0100]; wherein impedance is measured in which is directly correlated to the skin resistance therefore, by measuring the impedance, the resistance is also measured in terms of increased and decreased values); when based on a result of the first skin resistance is being greater than a threshold, outputting a first series of pulse waves to at least one of the first electrode or the second electrode (Figure 10; Paragraph [0100]; wherein the contact resistance increases, and thus the rate of change in impedance of the artery to be originally detected decreases, so that the S/N characteristic of the measured pulse wave signal (Signal-to-Noise ratio) gets worse, therefore as seen in figure 10, if the pulse wave signal is maximum, the S/N characteristic is at its maximum which in turn correlates to be lesser contact resistance therefore the pulse wave signal is not at its maximum and follows the “no” arrow to resend out pulse wave PS1); measuring second skin resistance based on second measured contact impedance between the external object and at least one of the first electrode or the second electrode after the first series of pulse waves is outputted (Figure 10, S35; Paragraph [0100]; wherein impedance is measured in which is directly correlated to the skin resistance therefore, by measuring the impedance, the resistance is also measured in terms of increased and decreased values); and when based on a result of the second skin resistance contact impedance is being smaller than or equal to the threshold, obtaining biometric information based on a biometric signal obtained via from the first electrode and a second electrode (Figure 6; wherein steps above occur in S3, when S3, which is seen in Figure 10 as S37, is finished, S4 is when biometric information is obtained such that it is blood pressure level). However, Matsumura does not explicitly disclose based on a result of the first skin resistance being greater than threshold and based on a result of the second skin resistance being smaller than or equal to the threshold.
Bocquet discloses method comprising an electronic device (Figure 5; Figure 3A, 100) wherein based on a result of the first skin resistance being greater than threshold control an operation of the processor (Figure 5, 330; Paragraph [0067]; wherein conductivity of the electrodes are determined by a resistance of a determined value; Paragraph [0113]; wherein if the values exceed a given threshold, the circuitry communicates to the processor to prohibit measurement protocol) and based on a result of the second skin resistance being smaller than or equal to the threshold obtain biometric information (Figure 5; 350; Paragraph [0067]; wherein conductivity of the electrodes are determined by a resistance of a determined value; Paragraph [0114]; If there is no difference or the difference is less than the threshold, the measuring circuit communicates a positive signal to the processor, allowing the implementation of the measurement protocol in which the biometrical information obtained is the electrochemical conductance of the skin). 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 electronic device taught by Matsumura to include the thresholds as taught by Bocquet. The motivation being to check correct functioning of the electrode assemblies before measuring the biometrical information (Bocquet, Paragraph [0108]).
Regarding claim 17, Matsumura in view of Bocquet discloses the method of claim 16. Matsumura 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 (Figure 5B; Paragraph [0085]; wherein the processor controls the pulse waveform shape to be a mountain-like structure).
Regarding claim 18, Matsumura in view of Bocquet discloses the method of claim 17. Matsumura 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 5B; Paragraph [0085]; wherein the processor controls the pulse waveform shape to be a mountain-like structure).
Regarding claim 19, Matsumura in view of Bocquet discloses the method of claim 17. Bocquet also discloses wherein the processor is configured to: based on a result of the first skin resistance is-being smaller than or equal to the threshold (Figure 5; 350; Paragraph [0067]; wherein conductivity of the electrodes are determined by a resistance of a determined value; Paragraph [0114]; If there is no difference or the difference is less than the threshold, the measuring circuit communicates a positive signal to the processor, allowing the implementation of the measurement protocol in which the biometrical information obtained is the electrochemical conductance of the skin), obtain the biometric information based on a biometric signal obtained via the first electrode and second electrode while the first skin resistance is smaller than or equal to the threshold (Figure 5; 350; Paragraph [0067]; wherein conductivity of the electrodes are determined by a resistance of a determined value; Paragraph [0114]; If there is no difference or the difference is less than the threshold, the measuring circuit communicates a positive signal to the processor, allowing the implementation of the measurement protocol in which the biometrical information obtained is the electrochemical conductance of the skin). 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 electronic device taught by Matsumura to include the thresholds as taught by Bocquet. The motivation being to check correct functioning of the electrode assemblies before measuring the biometrical information (Bocquet, Paragraph [0108]).
Regarding claim 20, Matsumura in view of Bocquet discloses the method of claim 19. Bocquet also discloses wherein the processor is configured to: based on a result of the second skin resistance is-being smaller than or equal to the threshold (Figure 5; 350; Paragraph [0067]; wherein conductivity of the electrodes are determined by a resistance of a determined value; Paragraph [0114]; If there is no difference or the difference is less than the threshold, the measuring circuit communicates a positive signal to the processor, allowing the implementation of the measurement protocol in which the biometrical information obtained is the electrochemical conductance of the skin), obtain the biometric information based on a biometric signal obtained via the first electrode and second electrode while the first skin resistance is smaller than or equal to the threshold (Figure 5; 350; Paragraph [0067]; wherein conductivity of the electrodes are determined by a resistance of a determined value; Paragraph [0114]; If there is no difference or the difference is less than the threshold, the measuring circuit communicates a positive signal to the processor, allowing the implementation of the measurement protocol in which the biometrical information obtained is the electrochemical conductance of the skin). 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 electronic device taught by Matsumura to include the thresholds as taught by Bocquet. The motivation being to check correct functioning of the electrode assemblies before measuring the biometrical information (Bocquet, Paragraph [0108]).
Claim 11 & 13 is rejected under 35 U.S.C 103 as being unpatentable over Matsumura and Bocquet in view of Katra et al. (US 20110245711) herein referred to as KATRA.
Regarding Claim 11, Matsumura in view of Bocquet disclose the wearable electronic device of claim 1. However, Matsumura in view of Bocquet 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 device taught by Matsumura in view of Bocquet 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).
Regarding claim 13, Matsumura in view of Bocquet disclose the wearable electronic device of claim 1. However, Matsumura in view of Bocquet not explicitly disclose wherein the biometric information is at least one of electrocardiogram (ECG), bioelectrical impedance analysis (BIA), or electrodermal activity (EDA).
Katra discloses a wearable electronic device (Figure 1, 100) wherein the biometric information is at least one of electrocardiogram (ECG), bioelectrical impedance analysis (BIA), or electrodermal activity (EDA) (Paragraph [0091]; wherein electrocardiogram signals are obtained from the electrodes). 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 device taught by Matsumura and Bocquet to include the biometric information as taught by Katra. The motivation being to use multiple biometric measurements for a patient (Katra, Paragraph [0004])
Claim 21 is rejected under 35 U.S.C 103 as being unpatentable over Matsumura and Bocquet in view of Savage et al. (US 20120310315) herein referred to as Savage.
Regarding Claim 21, Matsumura in view of Bocquet discloses the wearable electronic device of claim 1. However, Matsumura in view of Bocquet 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 Matsumura in view of Bocquet 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
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 ALYSSA M PAPE whose telephone number is (703)756-5947. The examiner can normally be reached M-F 7:30-5:00.
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ALYSSA M. PAPE
Examiner
Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
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