CTNF 17/974,076 CTNF 72468 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 28, 29, and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (USPGPub 2020/0233381 – cited by Applicant) in view of Yu et al. (USPGPub 2018/0116607). Yang et al. teach a wearable device (Figures 4, 6, 12, 13, 16 and the descriptions thereof) in which electrode and optical sensing elements are arranged on a protruding bottom surface of the housing of the device, such that the sensors are in contact with the user while wearing the device. Additionally the device includes processor and display elements (Figure 7 and the description thereof) for analyzing and reporting physiological information of the user. As such, Yang et al. teach all of the features of the claimed invention except that that a microphone and speaker are incorporated in the housing of the wearable device. Yu et al. teach an alternate wearable monitoring device and teach that the device may include a microphone and speaker as user interface elements as part of I/O components of the device (paragraphs [0058], [0058]). It would have been within the skill level of the art before the effective filing date of the claimed invention to have modified Yang et al. to include microphone and speaker elements, as taught by Yu et al., since provides another I/O path for the device . Allowable Subject Matter 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: Applicant cites a variety of wearable physiological monitoring devices that include optical sensing and electrode elements. Of particular relevance, Choi (USPGPub 2017/0296088) teaches a wearable device (Figures 1, 2, 10) that measures and processes optical and electrical signals from a user. Additionally, Lee et al. (USPGPub 2015/0157219 – Figures 1A, 3) and Lee (USPGPub 2016/0029911 – Figures 1B, 1C, 2) disclose other examples of wearable sensors incorporating optical and electrode elements. However, the prior art does not teach or suggest a wearable device wherein the housing has first and second housing members with the second housing member defining a circular hole with an optical sensor region positioned below a circular rear cover in the circular hole, where a light emitter and array of photodetectors are below the optical sensor region and there are respective openings of an opaque member located with respect to each optical component and an electrode having a rounded profile at least partially surrounds the optical sensor region, in combination with the other claimed elements. Additionally, the prior art does not teach a configuration in which the second housing member is formed from a metal and the electrode is electrically isolated therefrom, with plural emitter and detector elements below a circular cover member positioned in a circular hole of the second housing member, in combination with the other claimed elements . 12-151-07 AIA 07-97 12-51-07 Claim s 21 – 27 and 35 – 40 are allowed. 12-151-08 AIA 07-43 12-51-08 Claim s 30, 31, 33, and 34 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC FRANK WINAKUR whose telephone number is (571)272-4736. The examiner can normally be reached Mon-Fri 9 am - 6 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chuck Marmor, II can be reached at 571-272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ERIC F WINAKUR/Primary Examiner, Art Unit 3791 Application/Control Number: 17/974,076 Page 2 Art Unit: 3791 Application/Control Number: 17/974,076 Page 3 Art Unit: 3791 Application/Control Number: 17/974,076 Page 4 Art Unit: 3791
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