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 examiner acknowledges the amendments made to the claims 1 and 8. Claims 1-13 currently remain pending in the present application.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lin (US Patent No 20210378853).
Regarding claim 1, Lin teaches a smart wearable device (wearable device 10, [0023]), which is held on an arm of a wearer (may be applied to parts of the body such as the knee, elbow, neck or torso, [0026], in which the elbow is found on the arm of the user) by a plurality of contact pad sets (skin contact pads 130, [0023]), comprising: a connection unit (modular brace 110 seen as a connection unit, [0038]), having a connection band that detachably holds on the arm of the wearer (modular unit 110 contains things such as adhesives and Velcro straps to orient around the body of the wearer, [0038]), a first positioning slot disposed on the connection band (see for example the orienting slots 311a which are first positioning slots found on the connection band, fig 3), a first positioning set disposed on the first positioning slot (wherein the positioning slots can be configured to have external add-on members such as members 120a, [0023], thereby creating a first positioning set), a second positioning slot disposed on the connection band (see for example the orienting slots 311b which are second positioning slots found on the connection band, fig 3), and a second positioning set disposed on the second positioning slot (wherein the positioning slots can be configured to have external add-on members such as members 120b, [0023], thereby creating a second positioning set), the connection band having a first end and a second end opposite to the first end, a horizontal line being formed from the first end to the second end (see for example a theoretical horizontal line from first slot members 311a constituting a first end to second slot members 311b constituting a second end opposite the first, fig 3), the first positioning slot being at the first end, the second positioning slot being at the second end (see for example a theoretical horizontal line from first slot members 311a constituting a first end to second slot members 311b constituting a second end opposite the first, fig 3); a first sensing module, detachably disposed on the first positioning slot, having a first sensing set on the first positioning set (wherein the positioning slots 311a can be configured to have external add-on detachable members such as members 120a, [0023], thereby creating a module in the first positioning set); a second sensing module, detachably disposed on the second positioning slot, having a second sensing set that is on the second positioning set (wherein the positioning slots 311b can be configured to have external add-on detachable members such as members 120b, [0023], thereby creating a module in the second positioning set) and held on the arm of the wearer through one of the plural contact pad sets (held on using skin contact pads 130, [0023]); and an extension unit, having an extension band that detachably connects with the connection band (see for example the interconnect members 214 which act as an extension band connected to the connection band, see also fig 2A and [0045]), a first extension block at one end of the extension band forming a vertical line with a second extension block at another end of the extension band, wherein the vertical line is vertical the horizontal line, a first fastening set on the first extension block, and a second fastening set on the second extension block (see for example [0047] which explains how the interconnect members may have engagement techniques such as a loop arrangement between 214a, seen as the first extension block, and 214b, seen as the second extension block, for fastening the members to the connection band, and see figure 2A in which the extension member 214 is found perpendicular or vertical to the horizontal line of the connection band 110), then the first fastening set connects with one of the plural contact pad sets in order to let the first extension block hold on the arm of the wearer, the second fastening set connecting with the first sensing set that is on the first positioning slot (see from the fig 2B in which the first loop arrangement or fastening set 214a is connected to a secondary brace member 210 which contains contact pads 130, the second loop arrangement or second fastening set 214b is in connection with the main first positioning slot 311a).
Regarding claim 2, Lin teaches the smart wearable device according to claim 1, wherein the first positioning set has a first positioning hole, a second positioning hole, and a third positioning hole (see from Lin fig 3 in which the first positioning set configuration 311a has three distinct positioning holes), a first set point being defined based on the first positioning slot as a center, the first positioning hole, the second positioning hole and the third positioning hole being disposed around the first set point, the first positioning hole being on the horizontal line, the second positioning hole and the third positioning hole being disposed up and down along the vertical line, and located on one side of the first positioning hole (please see the Lin annotated figure 3 below which illustrates the first second and third position holes and their relation to the theoretical horizontal and vertical lines).
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Lin annotated figure 3.
Regarding claim 3, Lin teaches the smart wearable device according to claim 2, wherein the second positioning set has a fourth positioning hole, a fifth positioning hole, and a sixth positioning hole, a second set point being defined based on the second positioning slot as a center, the fourth positioning hole, the fifth positioning hole, and the sixth positioning hole being disposed around the second set point (please see the Lin annotated figure 3 above which defines the fourth, fifth and sixth positioning holes disposed around the second set point).
Regarding claim 4, Lin teaches the smart wearable device according to claim 3, wherein the fourth positioning hole is on the horizontal line, and the fifth positioning hole and the sixth positioning hole are disposed up and down along the vertical line, and located on one side of the fourth positioning hole (please see the Lin annotated figure 3 above which defines the fourth, fifth and sixth positioning holes and their relation to the theoretical horizontal and vertical line).
Regarding claim 5, Lin teaches the smart wearable device according to claim 1, wherein the first positioning slot and the second positioning slot are disposed on the horizontal line at a bilateral symmetrical interval, and the first positioning set and the second positioning set are disposed at a bilateral symmetrical interval on the horizontal line (see from the annotated figure 3 above in which the first and second positioning slots and corresponding holes and sets are found symmetrically disposed at an interval along the theoretical horizontal line).
Regarding claim 6, Lin teaches the smart wearable device according to claim 3, wherein the first positioning slot has a first flange that protrudes outwardly along a peripheral of the first positioning slot and is based on the first set point as a center, the first flange being disposed close to the second positioning hole and the third positioning hole, the second positioning slot has a second flange that protrudes outwardly along a peripheral of the second positioning slot and is based on the second set point as a center, the second flange being disposed close to the fifth positioning hole and the sixth positioning hole (see from the Lin annotated figure 3 above in which there are a first and second flange located relatively near the second and fifth positioning holes of the device).
Regarding claim 7, Lin teaches the smart wearable device according to claim 1, wherein the connection band further has a plurality of alignment calibration lines at the second end, the plurality of alignment calibration lines being spaced apart from each other and arranged along the vertical line (see from Lin fig 3 the central strips 312 which are found along the vertical line and allow the slot groups 311a and 311b to be laid out symmetrically, [0049], thereby performing as alignment calibration lines).
Regarding claim 8, Lin teaches the smart wearable device according to claim 1, wherein the connection band further has a first joint member at the first end and a second joint member at the second end, the first joint member and the second joint member being connected with each other in order to hold the connection band on the arm of the wearer (see from fig 2B in which the interconnect members 214a and 214b, which are found adjacent to both the first end and second end, are connected to a brace member 210b which acts in conjunction with the interconnect members to form a joint connection over the body of the wearer so that the device stays in place during use, [0046], see also how the members may be applied to parts of the body such as the knee, elbow, neck or torso, [0026], in which the elbow is found on the arm of the user).
Regarding claim 9, Lin teaches the smart wearable device according to claim 1, wherein the first sensing module further has a first physiological sensing circuit, and the second sensing module further has a second physiological sensing circuit (see [0068] in which the add-on members 120a and 120b may be provided with a variety of physiological sensing components), the first physiological sensing circuit, the second physiological sensing circuit and a multimedia interactive system being connected with each other in wireless (wherein the physiological sensing circuits are capable of establishing wireless communication with the multimedia system, [0037]).
Regarding claim 10, Lin teaches the smart wearable device according to claim 3, wherein the first sensing set has a first sensing point connecting with the first positioning hole, a second sensing point connecting with the second positioning hole, and a third sensing point connecting with the third positioning hole, and the second sensing set has a fourth sensing point connecting with the fourth positioning hole, a fifth sensing point connecting with the fifth positioning hole, and a sixth sensing point connecting with the sixth positioning hole (see from figure 1 and also [0033] which show and disclose that the physiological sensing capabilities occur via the sensor pads 130, in which each sensor pad 130 corresponds to a specific first through sixth hole found on the first and second slot members 111. Thereby resulting in specific first through sixth sensing capabilities).
Regarding claim 11, Lin teaches the smart wearable device according to claim 10, wherein a third set point is defined based on the first extension block as a center, and a fourth set point is defined based on the second extension block as a center, the first fastening set having a first fastening member, a second fastening member, and a third fastening member, the first fastening member, the second fastening member and the third fastening member being disposed around the third set point, the second fastening set having a fourth fastening member, a fifth fastening member, and a sixth fastening member, the fourth fastening member, the fifth fastening member and the sixth fastening member being disposed around the fourth set point, the fourth fastening member being connected with the first sensing point, the fifth fastening member being connected with the second sensing point, and the sixth fastening member being connected with the third sensing point (please see the annotated figure 2A below which described all sixth fastening members and how they are oriented around a theoretical third and fourth set point. The examiner understands that the fourth, fifth and sixth fastening members surrounding the fourth set point are difficult to see due to the figure, however as the device of Lin is symmetrical, the fourth, fifth and sixth fastening members mirror that of the first, second and third members as shown).
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Lin Annotated Figure 2A.
Claim Rejections - 35 USC § 103
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 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) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US Patent No 20210378853).
Regarding claims 12 and 13, Lin does not explicitly teach that the first fastening member, the second fastening member and the third fastening member are rotated 30 to 50 degrees clockwise with respect to the fourth fastening member, the fifth fastening member, and the sixth fastening member and that the fourth positioning hole, the fifth positioning hole and the sixth positioning hole are rotated 15 to 30 degrees clockwise with respect to the first positioning hole, the second positioning hole, and the third positioning hole.
However, Lin does disclose in the specification paragraph [0071] that due to the modularity of the design which contains up to three brace modules, the device is able to handle extremely great degrees of flexibility relative to each brace module in order to account for and handle the bend and movement of the potential upper or lower body placement depending on where the device is found on the user which may be the elbow, shoulder, knee, etc. In which each fastening member and positioning hole correspond to each one of the three brace modules, and thereby also contain extreme degrees of flexibility to account for the relative movement of the wearer.
Therefore, it would have been obvious for one skilled in the art to apply the teachings of Lin to account for and teach the relative device rotation between the first fastening member, the second fastening member and the third fastening member to be rotated 30 to 50 degrees clockwise with respect to the fourth fastening member, the fifth fastening member, and the sixth fastening member and account for the fourth positioning hole, the fifth positioning hole and the sixth positioning hole are rotated 15 to 30 degrees clockwise with respect to the first positioning hole, the second positioning hole, and the third positioning hole, as these rotation ranges are common ranges that account for the movement of patient appendages in the upper body such as the shoulder or elbow device region, as taught by Lin, [0071].
Response to Arguments
Applicant's arguments filed 01/23/2026 have been fully considered but they are not persuasive.
With regards to the amendment made to claim 1 and 8, which add the limitation of the smart wearable device which is held on the arm as well as the arguments that the prior art of Lin does not teach or suggest that the wearable device can be placed on the arm of the user, has been considered but ultimately falls unpersuasive. With regards to the argument that Lin does not explicitly teach that the device of the prior art is configured to be placed on the upper arm of the wearer, the examiner agrees with that argument from the applicant. However, the present application is analyzed under the broadest reasonable interpretation of the claims when searching and the amendments made to both the claim 1 and claim 8 only state the limitation that the device is held on to the arm of the user, not the upper arm. Therefore, after further consideration of the prior art of Lin, which was necessitated by the claim amendment, it has been found and reemphasized that the prior art of Lin does include teachings that the device may be applied to parts of the body such as the knee, elbow, neck or torso, as shown in the specification paragraph [0026], in which the elbow is part of the arm of the user as analyzed under the broadest reasonable interpretation of the claim language. Therefore, as the prior art continues to teach the amended language of the wearable device configured to be held on the arm of the wearer, the amended claims 1 and 8 remain rejected under the previous prior art of record rejection of Lin set forth in the present office action.
Furthermore, with regards to the argument of claim 1 that the prior art of Lin does not teach an extension band which is found vertical in position to a horizontal connection band, has been considered but ultimately falls unpersuasive. The examiner would like to bring applicants attention to the reemphasized teachings of Lin in figures 1 and 2A in which it can be seen and taught that the extension member 214 is found perpendicular or vertical to the horizontal line of the connection band 110. Therefore, as the prior art of Lin continues to teach the amended limitation of the extension band which is found vertical in position to a horizontal connection band under the broadest reasonable interpretation of the claim limitation, the amended claim 1 remains rejected under the previous prior art of record rejection of Lin set forth in the present office action.
As no further arguments or remarks have been made regarding any of the other dependent claims, they too remain rejected under the prior art of record rejection set forth in the present office action.
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 KYLE M BROWN whose telephone number is (703)756-4534. The examiner can normally be reached 8:00-5:00pm EST, Mon-Fri, alternating Fridays off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Linda Dvorak can be reached at 571-272-4764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LINDA C DVORAK/ Primary Examiner, Art Unit 3794
/KYLE M. BROWN/Examiner, Art Unit 3794
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