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 11/25/2025, has been entered. The examiner notes claims 1-20 are pending.
Response to Arguments
Applicant’s arguments, see Remarks page 10, filed 11/25/2025, with respect to the objection to the specification have been fully considered and are persuasive. The applicant has amended the specification to resolve the objection. The objection to the specification has been withdrawn.
Applicant’s arguments, see Remarks page 10, filed 11/25/2025, with respect to the double patenting rejection of claims 1-3, 5-7, 9-12, and 15-18 have been fully considered and are persuasive. The applicant has filed a terminal disclaimer rendering the double patenting rejection moot. The double patenting rejection of claims 1-3, 5-7, 9-12, and 15-18 has been withdrawn.
Applicant’s arguments, see Remarks page 11, filed 11/25/2025, with respect to the 35 USC 112 rejection of claims 11 and 12 have been fully considered and are persuasive. The applicant has amended the claims to resolve the 35 USC 112 issue. The 35 USC 112 rejection of claims 11 and 12 has been withdrawn.
Applicant’s arguments, see Remarks pages 11-16, filed 11/25/2025, with respect to the rejection(s) of claim(s) 1-20 under 35 USC 102 and 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Ellis (US 20180049646 A1).
In response to the applicant’s argument that the system of Teller does not inherently teach outputting at least one of the first temperature, the second temperature, the body temperature, and body temperature guidance information, the examiner respectfully disagrees. As discussed in the previous office action, Teller para. 0176 discloses “…coupled to processing unit 900 on PCB 860 are LCDs and/or LEDs 1025 for outputting information to the wearer”. Further, Teller also discloses in para. 0147 “…data indicative of various physiological and/or contextual parameters and data derived therefrom may be output from stand alone sensor device 700 to such other devices”. Thus, it would appear to be inherent that the temperature information obtained through the sensor device of Teller would output said obtained information. To provide evidence to this assertion, Teller para. 0149 discloses “…data output by stand alone sensor device 700, such as the fact that the wearer has fallen asleep or the fact that the wearer's skin temperature has reached a certain level”, which shows that the wearer’s skin temperature is an output.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 4, 7-11, 13-17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Teller (US 20040133081 A1) in view of Ellis (US 20180049646 A1).
Regarding claim 1, Teller teaches an electronic device comprising:
a heat flux sensor [Fig. 26 Item 800] comprising:
a first temperature sensor [Fig. 26 Item 890A] configured to measure a first voltage representing a first temperature [0160 “The heat flux off of the body of the wearer can be determined by measuring a first voltage VI with heat flux thermistor 890A and a second voltage V2 with heat flux thermistor 890B”];
a second temperature sensor [Fig. 26 Item 890B] spaced apart from the first temperature sensor and configured to measure a second voltage representing a second temperature [0160]; and
an amplifier [0160 “differential amplifier”] configured to amplify a voltage difference between the first voltage and the second voltage [0160 “These voltages are then electrically differenced, such as by using a differential amplifier, to provide a voltage value that, as is well known in the art, can be used to calculate the temperature difference (T2-T1)…”], and
a processor configured to estimate a body temperature of a user based on the amplified voltage difference [0157 “…heat flux skin interface component 835 and skin temperature skin interface component 840 are adapted to be in contact with the wearer's skin when sensor device 800 is worn, and facilitate the measurement of GSR, heat flux from the body and skin temperature data”, 0163 “…heat flux thermistors 890A and 890B are coupled to A/D converter 915 and processing unit 900, where the heat flux calculations are performed…”].
Teller teaches a two sensor system with a material between the sensors [Fig. 26 Item 860, 0160. The examiner notes that Item 860 is comprised of fiberglass, which is more commonly known as an insulator. However, under BRI, fiberglass is capable of conducting heat], but fails to teach a thermally conductive material disposed between the first temperature sensor and the second temperature sensor and configured to produce a target temperature difference between the first temperature and the second temperature that exceeds a minimum temperature difference.
Ellis teaches a thermally conductive material disposed between the first temperature sensor and the second temperature sensor [0050 “…the thermal cage 120 can include a set of thermally conductive vias 122 thermally coupling the first temperature sensor 115′ to the second temperature sensor 115″…”] and configured to produce a target temperature difference between the first temperature and the second temperature that exceeds a minimum temperature difference [0029 “…heat flux channels 110 and/or other suitable components can be configured to interact with the sample in different manners while optimizing certain parameters (e.g., without minimizing the reading values beyond a threshold amount…”].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the teachings of Teller and incorporate the teachings of Ellis to include a thermally conductive material disposed between the first temperature sensor and the second temperature sensor and configured to produce a target temperature difference between the first temperature and the second temperature that exceeds a minimum temperature difference. Doing so configures the system to minimize “…lateral heat leakage as heat travels through a heat flux channel from the first temperature sensor to the second temperature sensor; etc.)…”, as recognized by Ellis para. 0050.
Regarding claim 2, Teller and Ellis teach the electronic device of claim 1, wherein the heat flux sensor further comprises a signal processor [Teller 0163 “A/D converter”] configured to convert the amplified voltage difference into a temperature difference [Teller 0163 “…heat flux thermistors 890A and 890B are coupled to A/D converter 915 and processing unit 900, where the heat flux calculations are performed, through low pass filter 935 and amplifier 940”], and the processor is further configured to estimate the body temperature based on the temperature difference corresponding to the amplified voltage difference [Teller 0157 “…heat flux skin interface component 835 and skin temperature skin interface component 840 are adapted to be in contact with the wearer's skin when sensor device 800 is worn, and facilitate the measurement of GSR, heat flux from the body and skin temperature data”, Teller 0163 “…heat flux thermistors 890A and 890B are coupled to A/D converter 915 and processing unit 900, where the heat flux calculations are performed, through low pass filter 935 and amplifier 940”].
Regarding claim 4, Teller and Ellis teach the electronic device of claim 1, wherein the heat flux sensor further comprises a signal processor configured to convert the amplified voltage difference into a temperature difference [Teller 0163 “…heat flux thermistors 890A and 890B are coupled to A/D converter 915 and processing unit 900, where the heat flux calculations are performed…”] and compute a heat flux by applying a thermal coefficient of resistivity of the thermally conductive material to the temperature difference [Teller 0160 “…having a preselected, known thermal resistance or resistivity K”, “Heat Flux=K(T2-T1)”].
Regarding claim 7, Teller and Ellis teach the electronic device of claim 1, wherein at least one of the first temperature sensor and the second temperature sensor is a thermistor [0160 “a first heat flux thermistor 890A” and “a second heat flux thermistor 890B”].
Regarding claim 8, Teller and Ellis teach the electronic device of claim 1, wherein the first temperature is configured to measure a skin temperature of the user [Teller 0160 “The heat flux off of the body of the wearer can be determined by measuring a first voltage VI with heat flux thermistor 890A…”, see also 0161 “In any of the embodiments described herein, the combination of one or more of heat conduit 885, one or more pieces of thermally conductive interface material 875, and heat flux skin interface component 835 act as a thermal energy communicator for placing heat flux thermistor 890A in thermal communication with the body of the wearer of sensor device 800”], as the first temperature,
wherein the heat flux sensor further comprises a signal processor configured to compute a heat flux based on the amplified voltage difference [Teller 0163 “…heat flux thermistors 890A and 890B are coupled to A/D converter 915 and processing unit 900, where the heat flux calculations are performed…”], and
wherein the processor is further configured to estimate the body temperature based on the heat flux and the skin temperature of the user [Teller 0157 “…heat flux skin interface component 835 and skin temperature skin interface component 840 are adapted to be in contact with the wearer's skin when sensor device 800 is worn, and facilitate the measurement of GSR, heat flux from the body and skin temperature data”, 0163 “…heat flux thermistors 890A and 890B are coupled to A/D converter 915 and processing unit 900, where the heat flux calculations are performed…”].
Regarding claim 9, Teller and Ellis teach the electronic device of claim 1, further comprising a display [Teller Fig. 28 Item 1025] configured to output at least one of the first temperature, the second temperature, the body temperature, and body temperature guidance information [Teller 0176 “coupled to processing unit 900 on PCB 860 are LCDs and/or LEDs 1025 for outputting information to the wearer”, the information that is being output is inherent as the system disclosed in the embodiment is measuring heat flux, as well as other parameters, of a subject, see also 0149 “…data output by stand alone sensor device 700, such as the fact that the wearer has fallen asleep or the fact that the wearer's skin temperature has reached a certain level”].
Regarding claim 10, Teller and Ellis teach a method of estimating body temperature, the method comprising:
by a first temperature sensor [Fig. 26 Item 390A], measuring a first voltage that represents a first temperature [0160 “The heat flux off of the body of the wearer can be determined by measuring a first voltage VI with heat flux thermistor 890A and a second voltage V2 with heat flux thermistor 890B”];
by a second temperature sensor [Fig. 26 Item 390B] spaced apart from the first temperature sensor, measuring a second voltage that represents a second temperature [0160];
amplifying a voltage difference between the first voltage and the second voltage [0160 “These voltages are then electrically differenced, such as by using a differential amplifier, to provide a voltage value that, as is well known in the art, can be used to calculate the temperature difference (T2-T1)…”];
converting the amplified voltage difference into a converted temperature difference [0160 “These voltages are then electrically differenced, such as by using a differential amplifier, to provide a voltage value that, as is well known in the art, can be used to calculate the temperature difference (T2-T1)…”];
calculating heat flux based on the converted temperature difference to output the heat flux [0163 “…heat flux thermistors 890A and 890B are coupled to A/D converter 915 and processing unit 900, where the heat flux calculations are performed”]; and
estimating body temperature of a user based on the amplified voltage difference [0157 “…heat flux skin interface component 835 and skin temperature skin interface component 840 are adapted to be in contact with the wearer's skin when sensor device 800 is worn, and facilitate the measurement of GSR, heat flux from the body and skin temperature data”, 0163 “…heat flux thermistors 890A and 890B are coupled to A/D converter 915 and processing unit 900, where the heat flux calculations are performed”].
Teller teaches creating a converted temperature difference, but fails to teach wherein the converted temperature difference is greater than or equal to a minimum temperature difference.
Ellis teaches wherein the converted temperature difference is greater than or equal to a minimum temperature difference [0029 “…heat flux channels 110 and/or other suitable components can be configured to interact with the sample in different manners while optimizing certain parameters (e.g., without minimizing the reading values beyond a threshold amount…”].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the teachings of Teller and incorporate the teachings of Ellis to include wherein the converted temperature difference is greater than or equal to a minimum temperature difference. Doing so configures the system to take the “…differentiated interactions with the sample can facilitate signals suitable for accurately determining core body temperature”, as recognized by Ellis para. 0029.
Regarding claim 11, Teller and Ellis teach the method of claim 10, wherein the estimating of the body temperature comprises:
estimating the body temperature based on the converted temperature difference corresponding to the amplified voltage difference [Teller 0157 “…heat flux skin interface component 835 and skin temperature skin interface component 840 are adapted to be in contact with the wearer's skin when sensor device 800 is worn, and facilitate the measurement of GSR, heat flux from the body and skin temperature data”, 0163 “…heat flux thermistors 890A and 890B are coupled to A/D converter 915 and processing unit 900, where the heat flux calculations are performed”].
Regarding claim 13, Teller and Ellis teach the method of claim 10, further comprising:
computing a heat flux by applying a thermal coefficient of resistivity of a thermally conductive material disposed between the first temperature sensor and the second temperature sensor, to the converted temperature difference [Teller 0160 “…having a preselected, known thermal resistance or resistivity K”, “Heat Flux=K(T2-T1)”].
Regarding claim 14, Teller and Ellis teach the method of claim 10, wherein the first temperature corresponds to a skin temperature of the user [Teller 0160 “The heat flux off of the body of the wearer can be determined by measuring a first voltage VI with heat flux thermistor 890A…”, see also 0161 “In any of the embodiments described herein, the combination of one or more of heat conduit 885, one or more pieces of thermally conductive interface material 875, and heat flux skin interface component 835 act as a thermal energy communicator for placing heat flux thermistor 890A in thermal communication with the body of the wearer of sensor device 800”],
wherein the estimating of the body temperature of the user comprises estimating the body temperature based on the heat flux corresponding to the amplified voltage difference [Teller 0157 “…heat flux skin interface component 835 and skin temperature skin interface component 840 are adapted to be in contact with the wearer's skin when sensor device 800 is worn, and facilitate the measurement of GSR, heat flux from the body and skin temperature data”, 0163 “…heat flux thermistors 890A and 890B are coupled to A/D converter 915 and processing unit 900, where the heat flux calculations are performed…”], and the skin temperature of the user [Teller 0160 “The heat flux off of the body of the wearer can be determined by measuring a first voltage VI with heat flux thermistor 890A…”].
Regarding claim 15, Teller and Ellis teach the method of claim 10, further comprising outputting, by an output interface, at least one of the first temperature, the second temperature, the body temperature, and body temperature guidance information [Teller 0176 “coupled to processing unit 900 on PCB 860 are LCDs and/or LEDs 1025 for outputting information to the wearer”, the information that is being output is inherent as the system disclosed in the embodiment is measuring heat flux, as well as other parameters, of a subject].
Regarding claim 16, Teller teaches a heat flux sensor comprising:
a first temperature sensor Fig. 26 Item 890A] configured to measure a first voltage representing a first temperature [0160 “The heat flux off of the body of the wearer can be determined by measuring a first voltage VI with heat flux thermistor 890A and a second voltage V2 with heat flux thermistor 890B”];
a second temperature sensor [Fig. 26 Item 890B] spaced apart from the first temperature sensor and configured to measure a second voltage representing a second temperature [0160];
an amplifier [0160 “differential amplifier”] configured to amplify a voltage difference between the first voltage and the second voltage [0160 “These voltages are then electrically differenced, such as by using a differential amplifier, to provide a voltage value that, as is well known in the art, can be used to calculate the temperature difference (T2-T1)…”]; and
a signal processor [0163 “A/D converter”] configured to convert the amplified voltage difference into a converted temperature difference [0163 “…heat flux thermistors 890A and 890B are coupled to A/D converter 915 and processing unit 900, where the heat flux calculations are performed”], and calculate a heat flux based on the converted temperature difference to output a value of the heat flux [0163 “…heat flux thermistors 890A and 890B are coupled to A/D converter 915 and processing unit 900, where the heat flux calculations are performed”].
Teller teaches a two sensor system with a material between the sensors [Fig. 26 Item 860, 0160. The examiner notes that Item 860 is comprised of fiberglass, which is more commonly known as an insulator. However, under BRI, fiberglass is capable of conducting heat], but fails to teach a thermally conductive material disposed between the first temperature sensor and the second temperature sensor and configured to produce a target temperature difference between the first temperature and the second temperature that exceeds a minimum temperature difference.
Ellis teaches a thermally conductive material disposed between the first temperature sensor and the second temperature sensor [0050 “…the thermal cage 120 can include a set of thermally conductive vias 122 thermally coupling the first temperature sensor 115′ to the second temperature sensor 115″…”] and configured to produce a target temperature difference between the first temperature and the second temperature that exceeds a minimum temperature difference [0029 “…heat flux channels 110 and/or other suitable components can be configured to interact with the sample in different manners while optimizing certain parameters (e.g., without minimizing the reading values beyond a threshold amount…”].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the teachings of Teller and incorporate the teachings of Ellis to include a thermally conductive material disposed between the first temperature sensor and the second temperature sensor and configured to produce a target temperature difference between the first temperature and the second temperature that exceeds a minimum temperature difference. Doing so configures the system to minimize “…lateral heat leakage as heat travels through a heat flux channel from the first temperature sensor to the second temperature sensor; etc.)…”, as recognized by Ellis para. 0050.
Regarding claim 17, Teller and Ellis teach the heat flux sensor of claim 16, wherein the signal processor is further configured to convert the voltage difference into the converted temperature difference by preprocessing [Teller 0163 “…heat flux thermistors 890A and 890B are coupled to A/D converter 915 and processing unit 900, where the heat flux calculations are performed, through low pass filter 935 and amplifier 940”, the examiner is interpreting filtering with a “low pass filter” as preprocessing the data] the amplified voltage difference [Teller 0160 “These voltages are then electrically differenced, such as by using a differential amplifier, to provide a voltage value that, as is well known in the art, can be used to calculate the temperature difference (T2-T1)…”] and inputting the voltage difference to a pre-determined conversion model [Teller 0160 “Heat Flux=K(T2-T1)”].
Regarding claim 19, Teller teaches a smartwatch comprising:
a main body;
a strap connected to both ends of the main body;
a heat flux sensor [Fig. 26 Item 800] comprising a first temperature sensor [Fig. 26 Item 890A] configured to measure a first temperature [0160 “The heat flux off of the body of the wearer can be determined by measuring a first voltage VI with heat flux thermistor 890A and a second voltage V2 with heat flux thermistor 890B”], a second temperature sensor [Fig. 26 Item 390B] spaced apart from the first temperature sensor and configured to measure a second temperature [0160], an amplifier [0160 “differential amplifier”] configured to amplify a voltage difference between a first voltage, measured by the first temperature sensor, and a second voltage measured by the second temperature sensor [0160 “These voltages are then electrically differenced, such as by using a differential amplifier, to provide a voltage value that, as is well known in the art, can be used to calculate the temperature difference (T2-T1)”], and a signal processor [0163 “A/D converter”] configured to convert the amplified voltage difference into a temperature difference [0163 “…heat flux thermistors 890A and 890B are coupled to A/D converter 915 and processing unit 900, where the heat flux calculations are performed”], and to calculate heat flux based on the converted temperature difference to output the heat flux [0163 “…heat flux thermistors 890A and 890B are coupled to A/D converter 915 and processing unit 900, where the heat flux calculations are performed”]; and
a processor configured to estimate body temperature of a user based on the output heat flux [0157 “…heat flux skin interface component 835 and skin temperature skin interface component 840 are adapted to be in contact with the wearer's skin when sensor device 800 is worn, and facilitate the measurement of GSR, heat flux from the body and skin temperature data”, 0163 “…heat flux thermistors 890A and 890B are coupled to A/D converter 915 and processing unit 900, where the heat flux calculations are performed…”].
Teller teaches a two sensor system with a material between the sensors [Fig. 26 Item 860, 0160. The examiner notes that Item 860 is comprised of fiberglass, which is more commonly known as an insulator. However, under BRI, fiberglass is capable of conducting heat], but fails to teach a thermally conductive material disposed between the first temperature sensor and the second temperature sensor and configured to produce a target temperature difference between the first temperature and the second temperature that exceeds a minimum temperature difference.
Ellis teaches a thermally conductive material disposed between the first temperature sensor and the second temperature sensor [0050 “…the thermal cage 120 can include a set of thermally conductive vias 122 thermally coupling the first temperature sensor 115′ to the second temperature sensor 115″…”] and configured to produce a target temperature difference between the first temperature and the second temperature that exceeds a minimum temperature difference [0029 “…heat flux channels 110 and/or other suitable components can be configured to interact with the sample in different manners while optimizing certain parameters (e.g., without minimizing the reading values beyond a threshold amount…”].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the teachings of Teller and incorporate the teachings of Ellis to include a thermally conductive material disposed between the first temperature sensor and the second temperature sensor and configured to produce a target temperature difference between the first temperature and the second temperature that exceeds a minimum temperature difference. Doing so configures the system to minimize “…lateral heat leakage as heat travels through a heat flux channel from the first temperature sensor to the second temperature sensor; etc.)…”, as recognized by Ellis para. 0050.
Regarding claim 20, Teller and Ellis teach the smartwatch of claim 19, the main body further comprises:
a display [Teller Fig. 28 Item 1025] configured to display the body temperature of the user [Teller 0176 “coupled to processing unit 900 on PCB 860 are LCDs and/or LEDs 1025 for outputting information to the wearer”, the information that is being output is inherent as the system disclosed in the embodiment is measuring heat flux, as well as other parameters, of a subject].
Claims 3, 12, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Teller and Ellis as applied to claims 1, 10, and 16 above, and further in view of Kubo (US 20180140254 A1).
Regarding claim 3, Teller and Ellis teach the electronic device of claim 2, wherein the signal processor is further configured to generate a conversion model based on either a first combination of the first temperature and the first voltage or a second combination of the second temperature and the second voltage [Teller 0163 “…heat flux thermistors 890A and 890B are coupled to A/D converter 915 and processing unit 900, where the heat flux calculations are performed…”], but fails to teach the combination includes an external supply voltage.
Kubo teaches the combination includes an external supply voltage [0072 “…on the basis of the power supply voltage data and the temperature data that are obtained in Step S10 and on the basis of the information S2 stored in the storage 103, the processor 101 calculates a measurement error that occurs in the wearable sensor 10 with respect to body temperature, and generates correction data that indicates the calculated measurement error”].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the teachings of Teller and Ellis and incorporate the teachings of Kubo to include the combination includes an external supply voltage. Doing so configures the system to correct the measured data from external sources/noise to provide for a more accurate analysis of the acquired data.
Regarding claim 12, Teller and Ellis teach the method of claim 11, further comprising:
generating a conversion model based on either a first combination of the first temperature and the first voltage or a second combination of the second temperature and the second voltage [Teller 0163 “…heat flux thermistors 890A and 890B are coupled to A/D converter 915 and processing unit 900, where the heat flux calculations are performed…”], but fails to teach the combination includes an external supply voltage.
Kubo teaches the combination includes an external supply voltage [0072 “…on the basis of the power supply voltage data and the temperature data that are obtained in Step S10 and on the basis of the information S2 stored in the storage 103, the processor 101 calculates a measurement error that occurs in the wearable sensor 10 with respect to body temperature, and generates correction data that indicates the calculated measurement error”].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the teachings of Teller and Ellis and incorporate the teachings of Kubo to include the combination includes an external supply voltage. Doing so configures the system to correct the measured data from external sources/noise to provide for a more accurate analysis of the acquired data.
Regarding claim 18, Teller and Ellis teach the heat flux sensor of claim 17, wherein the signal processor is further configured to generate the pre-determined conversion model based on either a first combination of the first temperature and the first voltage, or a second combination of the second temperature and the second voltage [Teller 0163 “…heat flux thermistors 890A and 890B are coupled to A/D converter 915 and processing unit 900, where the heat flux calculations are performed…”], but fails to teach the combination includes an external supply voltage.
Kubo teaches the combination includes an external supply voltage [0072 “…on the basis of the power supply voltage data and the temperature data that are obtained in Step S10 and on the basis of the information S2 stored in the storage 103, the processor 101 calculates a measurement error that occurs in the wearable sensor 10 with respect to body temperature, and generates correction data that indicates the calculated measurement error”].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the teachings of Teller and Ellis and incorporate the teachings of Kubo to include the combination includes an external supply voltage. Doing so configures the system to correct the measured data from external sources/noise to provide for a more accurate analysis of the acquired data.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Teller and Ellis as applied to claim 4 above, and further in view of Dalvi (US 20200163597 A1).
Regarding claim 5, Teller and Ellis teach the electronic device of claim 4, wherein a length of a space between the first temperature sensor and the second temperature sensor, or a thickness of the thermally conductive material disposed between the first temperature sensor and the second temperature sensor is disclosed [see Teller Fig. 26], but fail to teach the space or thickness is in a range from 0.1 mm to 5 mm. Upon review of the disclosure, the range of 0.1 mm to 5mm is not stated as critical or important (see par. 0042).
However, Dalvi teaches a similar system in the same field of endeavor utilizing a distance 4 mm between the first and second sensor [0041].
It would have been obvious to one of ordinary skill in the art at the filing date of the invention to adjust the distance between sensors to an optimal range/value, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. See MPEP 2144.05.II. The Examiner notes that a particular parameter must be recognized as a result effective variable, in this case, that parameter is the distance between sensors which achieves the recognized result of optimizing measurement accuracy by avoiding “dead zones”, account for thermal gradients, reducing thermal lag, and preventing skewed readings from thermal interference, therefore, one of ordinary skill in the art at the filing date of the invention would have found the claimed range through routine experimentation. In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). See also In re Boesch, 617 F.2d 272, USPQ 215 (CCPA 1980).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Teller and Ellis as applied to claim 1 above, and further in view of Paquet (US 20120029310 A1).
Regarding claim 6, Teller and Ellis teach the electronic device of claim 1, wherein the system includes the first temperature sensor [Teller Fig. 26 Item 890A] and the second temperature sensor [Teller Fig. 26 Item 890B], but fails to teach the sensors are arranged in a Wheatstone bridge configuration.
Paquet teaches the sensors are arranged in a Wheatstone bridge configuration [0087 “The sensor interface circuit 214F includes a Wheatstone bridge 610F having three fixed resistors (R1, R2, and R3), an amplifier 620F, and an analog-to-digital converter (ADC) 630F”].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the teachings of Teller and Ellis and incorporate the teachings of Paquet to include the sensors are arranged in a Wheatstone bridge configuration. Doing so configures the system with a specific sensor configuration that outputs a signal that is responsive to a change in the resistance of the thermistor, which resistance is in turn responsive to a change in the body temperature of the patient, as recognized by Paquet para. 0087.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JONATHAN M HANEY whose telephone number is (571)272-0985. The examiner can normally be reached Monday through Friday, 0730-1630 ET.
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/JONATHAN M HANEY/Examiner, Art Unit 3791
/JUSTIN XU/Primary Examiner, Art Unit 3791