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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-3, 5-13, 15-19, and 23 in the reply filed on 10/30/2025 is acknowledged.
Claims 20-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/30/2025.
Notice of Amendment
In response to the amendment filed on 10/30/2025, amended claims 1, 6-13, and 23, cancelled claims 4, 14, and 22, and withdrawn claims 20-21 are acknowledged.
Drawings
The drawings are objected to because the use of shading in Figures 1A, 2D, 2F, and 2G reduces legibility and does not aid in understanding the invention because it makes it harder to determine what element each reference number points to (see 37 CFR 1.84(m)). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
No claim limitation has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 5-13, and 15-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the surface area" in lines 17-18. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "said at least one first light transmissive element" in lines 1-2. Based on the amendments to claim 1, there is insufficient antecedent basis for this limitation in the claim.
Claims 2-3, 5-13, and 15-19 are further rejected based on their dependence from independent claim 1.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 13 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 13 recites the limitations “wherein the longitudinal cross-section profile is designed such that the surface area of the integration surface is greater than a minimal surface area of the integration interface defined by a straight vertical longitudinal cross-section profile extending normal to a plane defined by the contact surface; and wherein the surface of the integration interface is non-planar”, which is identical to the limitations recited in lines 19-23 of amended claim 1. Therefore, claim 13 fails to further limit the subject matter of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim(s) 1-3, 5-7, 9, 11, 13, 15-19, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gassoway et al. (US Patent No. 10,123,710 B2), further in view of Shemesh et al. (US Publication No. 2018/0035943 A1) (cited by Applicant).
Regarding claim 1, Gassoway et al. discloses a device for measuring physiological parameters of a subject, comprising:
a housing (350, 450, 550) (see Figures 3-5);
a skin contact member (320, 420, 520) defining a skin contact surface at one of its faces for contacting the skin of the subject (see Figures 3-5 and col. 8, lines 6-10 – “When wearable electronic device 10 is worn by a user, the rim of the pillow contact sensor is substantially sealed against the user's skin, which prevents ambient light from reaching the internal components of the optical pulse-rate sensor”);
a flexible member (330, 430, 580)
laterally surrounding the skin contact member (see Figures 3-5 and col. 8, lines 55-57 – “Pillow assembly 16B′also includes a pillow 330 surrounding the frame 320 and recessing from the frame 320 and the window 310”),
a first end of the flexible member is being integral with the skin contact member and a second end is being integral with the housing (see Figures 3-5 and col. 9, lines 5-6 – “pillow 330 may comprise a thin piece of material overmolded on a rigid housing 350” and lines 49-51 – “Pillow 430 may be comprised of a soft thermoplastic material overmolded on housing 450”), and
permitting the skin contact member to axially displace along an axis normal to the skin contact surface with respect to the static housing (see col. 1, lines 37-42 – “The electrically-conductive skin sensor and optical pulse-rate sensor may be positioned on the mound of the pillow and the pillow may urge the electrically-conductive skin sensor and optical pulse-rate sensor towards the skin of the user when the wearable electronic device is worn by the user”); and
a light sensor assembly (60) having a light emitter and light detector couple for illuminating a skin portion via the skin contact surface and measuring a response to the illumination (see col. 4, lines 49-53 – “The optical pulse-rate sensor may include a narrow-band (e.g., green) LED emitter and matched photodiode to detect pulsating blood flow through the capillaries of the skin, and thereby provide a measurement of the wearer's pulse rate”); and
wherein the flexible member and the skin contact member are integral to one another via an integration interface (332, 334, 432, 434, 580) having a longitudinal cross-section profile designed for increasing the surface area of the integration interface (see Figures 3-5);
wherein the longitudinal cross-section profile is designed such that the surface area of the integration surface is greater than a minimal surface area of the integration interface defined by a straight vertical longitudinal cross-section profile extending normal to a plane defined by the contact surface (see Figures 3-5 and col. 8, lines 61-62 – “The second region 334 slopes downward to a terminal end of the pillow 330”, col. 9, lines 47-49 – “Second region 434 may recess away from first region 432, e.g., second region 434 may slope downward toward a terminal end of the pillow 430”, and col. 9, lines 60-65 – “Rolling diaphragm 580 may be comprised of a soft elastomer coupled to the frame 520 and a rigid housing 550 (or in some configurations, to a first region of a rigid or flexible pillow) to provide a gimbaling function so the optical pulse-rate sensor can skew on different planes and in several degrees of freedom”); and
wherein the surface of the integration interface is non-planar (see Figures 3-5 and col. 8, lines 61-62 – “The second region 334 slopes downward to a terminal end of the pillow 330”, col. 9, lines 47-49 – “Second region 434 may recess away from first region 432, e.g., second region 434 may slope downward toward a terminal end of the pillow 430”, and col. 9, lines 60-65 – “Rolling diaphragm 580 may be comprised of a soft elastomer coupled to the frame 520 and a rigid housing 550 (or in some configurations, to a first region of a rigid or flexible pillow) to provide a gimbaling function so the optical pulse-rate sensor can skew on different planes and in several degrees of freedom”).
It is noted Gassoway et al. teaches contact sensors that can assess whether, or how tightly, the device is being worn, for example (see col. 4, lines 28-31) but does not specifically teach a displacement sensor associated with the contact member for measuring the skin contact member's axial displacement along said axis. However, Shemesh et al. teaches a displacement sensor associated with the contact member for measuring the skin contact member's axial displacement along said axis (see [0059] – “As the distance between the displacement sensor emitter, mounted on an inner (i.e. upper—facing away from the subject's skin) surface of the suspended PCB, and the displacement sensor reflector changes due to movements of the PCB relative to the chassis forming the cavity to which the reflector is attached, the amplitude, return time and/or phase of the light detected by the displacement sensor photodiode also changes. Accordingly, displacement/movement/pressure experienced by the PPG sensor(s) may be measured”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Gassoway et al. to include a displacement sensor associated with the contact member for measuring the skin contact member's axial displacement along said axis, as disclosed in Shemesh et al., so as to cancel/mitigate artifacts/noise in the optical measurements that are caused by the measured displacement/movement/pressure values (see Shemesh et al.: [0059]).
Regarding claim 2, Gassoway et al. teaches at least portion of the housing, the skin contact member and the flexible member are integrally formed by one or more over-molding processes (see Figures 3-5 and col. 9, lines 5-6 – “pillow 330 may comprise a thin piece of material overmolded on a rigid housing 350” and lines 49-51 – “Pillow 430 may be comprised of a soft thermoplastic material overmolded on housing 450”).
Regarding claim 3, Gassoway et al. teaches the flexible member has a generally planar portion and a slanted portion, the planar portion extending between the housing (450, 550) and the slanted portion and the slanted portion extending between the planar portion and the periphery of the skin contact surface of the skin contact member (420, 520) (see Figures 4B and 5; annotated below).
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Regarding claim 5, it is noted Gassoway et al. does not specifically teach the skin contact surface comprises one or more ECG electrodes. However, Shemesh et al. teaches the skin contact surface comprises one or more ECG electrodes (see [0061] – “According to some embodiments, ECG sensor electrodes, of at least some of the ECG sensors, may be positioned next to the PPG assembly, on the downward (subject skin) facing contact surface/side/facet of the suspended PCB of the assembly, optionally on the same plane, such that both, the PPG's emitters and photodiodes and the ECG's electrodes, come in contact with the skin of the user—as a result of their positioning and/or by the downward press/push of the flexible surface against the skin of the wearing subject”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Gassoway et al. to include the skin contact surface comprises one or more ECG electrodes, as disclosed in Shemesh et al., so as to also detect electrical signals generated in connection with a user’s heart beats (see Shemesh et al.: [0054]).
Regarding claim 6, Gassoway et al. discloses the skin contact surface comprises at least one first light transmissive element (122) and at least one second light transmissive element (120) separated from the first light transmissive element, said first light-transmissive element is intended for allowing transmission of light therethrough from said light emitter (110) towards the skin of the subject and said second light-transmissive element is intended for allowing reflected light from the skin to reach the detector (112) (see Figure 2 and col. 6, lines 59-67 – “In the configuration of FIG. 2, an optical filter 120 is positioned over light sensor 112 and lens 114 to limit the wavelength range of light received into the light sensor. In the illustrated configuration, light stop 116 is shaped to seat the optical filter. The optical filter may be configured to transmit light in the emission band of light emitters 110, but to block light of other wavelengths, such as broadband ambient light that may leak under the rim of the pillow contact sensor” and col. 7, lines 18-21 – “The illustrated optical pulse-rate sensor 60 also includes a light guide 122. The light guide is configured to collect the angle-distributed emission from light emitters 110 and redirect the emission towards skin surface 104”).
Regarding claim 7, Gassoway et al. discloses each of the first and second light- transmissive elements is separated from any other light-transmissive element, each first light- transmissive element is associated with a respective single light emitter and each second light- transmissive element is associated with a respective single light detector; wherein the at least one first light transmissive element serves as a guiding optics for guiding light emitted from a respective light emitter associated with said first light transmissive element (see Figure 2 – each element 122 is associated with a single emitter 110 and each element 120 is associated with a single detector 112).
Regarding claim 9, Gassoway et al. discloses the second light transmissive element is planar (see Figure 2).
Regarding claim 11, Gassoway et al. discloses said integration interface being thicker than other portions of the flexible member (see Figure 4B).
Regarding claim 13, Gassoway et al. discloses the longitudinal cross-section profile is designed such that the surface area of the integration surface is greater than a minimal surface area of the integration interface defined by a straight vertical longitudinal cross-section profile extending normal to a plane defined by the contact surface (see Figures 3-5 and col. 8, lines 61-62 – “The second region 334 slopes downward to a terminal end of the pillow 330”, col. 9, lines 47-49 – “Second region 434 may recess away from first region 432, e.g., second region 434 may slope downward toward a terminal end of the pillow 430”, and col. 9, lines 60-65 – “Rolling diaphragm 580 may be comprised of a soft elastomer coupled to the frame 520 and a rigid housing 550 (or in some configurations, to a first region of a rigid or flexible pillow) to provide a gimbaling function so the optical pulse-rate sensor can skew on different planes and in several degrees of freedom”); and
wherein the surface of the integration interface is non-planar (see Figures 3-5 and col. 8, lines 61-62 – “The second region 334 slopes downward to a terminal end of the pillow 330”, col. 9, lines 47-49 – “Second region 434 may recess away from first region 432, e.g., second region 434 may slope downward toward a terminal end of the pillow 430”, and col. 9, lines 60-65 – “Rolling diaphragm 580 may be comprised of a soft elastomer coupled to the frame 520 and a rigid housing 550 (or in some configurations, to a first region of a rigid or flexible pillow) to provide a gimbaling function so the optical pulse-rate sensor can skew on different planes and in several degrees of freedom”).
Regarding claim 15, Gassoway et al. discloses the flexible member comprises an inner portion and the skin contact member comprises an external portion such that the inner portion is integral with the external portion, said inner portion is formed of a first inner segment and a second inner segment defining a depression therebetween (see zoom of Figure 4B, annotated below);
said external portion is formed of a first external segment being integral with the first inner segment, a second external segment being integral with the second inner segment and a third external segment that fits into and integral with said depression (see zoom of Figure 4B, annotated below).
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Regarding claim 16, Gassoway et al. discloses the flexible member has a planar portion and a slanted portion, the planar portion extending between the housing and the slanted portion and the slanted portion extending between the planar portion and the periphery of the skin contact surface of the skin contact member; and wherein the first and second inner segments protruding from said slanted portion and spanning parallel planes that are parallel to the planar portion (see both annotated versions of Figure 4B above, showing planar portion, slanted portion, and first and second inner segments arranged accordingly).
Regarding claim 17, Gassoway et al. discloses the first inner segment protruding to an extent greater than the second inner segment (see zoom of Figure 4B, annotated above).
Regarding claim 18, Gassoway et al. discloses the flexible member has a segment extending from a peripheral section configured for coupling with the housing and an inner section configured for tight coupling with a counterpart external portion of the contact member (see both annotated versions of Figure 4B above, showing flexible member coupled to housing and inner section coupling with external portion of contact member).
Regarding claim 19, Gassoway et al. discloses said inner section has two engaging portions sandwiching said external portion (see zoom of Figure 4B, annotated above).
Regarding claim 23, Gassoway et al. discloses a device for measuring physiological parameters of a subject, comprising:
a housing (350, 450, 550) (see Figures 3-5);
a skin contact member (320, 420, 520) defining a skin contact surface at one of its faces for contacting the skin of the subject (see Figures 3-5 and col. 8, lines 6-10 – “When wearable electronic device 10 is worn by a user, the rim of the pillow contact sensor is substantially sealed against the user's skin, which prevents ambient light from reaching the internal components of the optical pulse-rate sensor”);
a flexible member (330, 430, 580)
laterally surrounding the skin contact member (see Figures 3-5 and col. 8, lines 55-57 – “Pillow assembly 16B′also includes a pillow 330 surrounding the frame 320 and recessing from the frame 320 and the window 310”),
a first end of the flexible member is being integral with the skin contact member and a second end is being integral with the housing (see Figures 3-5 and col. 9, lines 5-6 – “pillow 330 may comprise a thin piece of material overmolded on a rigid housing 350” and lines 49-51 – “Pillow 430 may be comprised of a soft thermoplastic material overmolded on housing 450”), and
permitting the skin contact member to axially displace along an axis normal to the skin contact surface with respect to the static housing (see col. 1, lines 37-42 – “The electrically-conductive skin sensor and optical pulse-rate sensor may be positioned on the mound of the pillow and the pillow may urge the electrically-conductive skin sensor and optical pulse-rate sensor towards the skin of the user when the wearable electronic device is worn by the user”); and
a light sensor assembly (60) having a light emitter and light detector couple for illuminating a skin portion via the skin contact surface and measuring a response to the illumination (see col. 4, lines 49-53 – “The optical pulse-rate sensor may include a narrow-band (e.g., green) LED emitter and matched photodiode to detect pulsating blood flow through the capillaries of the skin, and thereby provide a measurement of the wearer's pulse rate”); and
wherein the flexible member comprises an inner portion and the skin contact member comprises an external portion such that the inner portion is integral with the external portion, said inner portion is formed of a first inner segment and a second inner segment defining a depression therebetween (see zoom of Figure 4B, annotated below);
said external portion is formed of a first external segment being integral with the first inner segment, a second external segment being integral with the second inner segment and a third external segment that fits into and integral with said depression (see zoom of Figure 4B, annotated below).
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It is noted Gassoway et al. teaches contact sensors that can assess whether, or how tightly, the device is being worn, for example (see col. 4, lines 28-31) but does not specifically teach a displacement sensor associated with the contact member for measuring the skin contact member's axial displacement along said axis. However, Shemesh et al. teaches a displacement sensor associated with the contact member for measuring the skin contact member's axial displacement along said axis (see [0059] – “As the distance between the displacement sensor emitter, mounted on an inner (i.e. upper—facing away from the subject's skin) surface of the suspended PCB, and the displacement sensor reflector changes due to movements of the PCB relative to the chassis forming the cavity to which the reflector is attached, the amplitude, return time and/or phase of the light detected by the displacement sensor photodiode also changes. Accordingly, displacement/movement/pressure experienced by the PPG sensor(s) may be measured”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Gassoway et al. to include a displacement sensor associated with the contact member for measuring the skin contact member's axial displacement along said axis, as disclosed in Shemesh et al., so as to cancel/mitigate artifacts/noise in the optical measurements that are caused by the measured displacement/movement/pressure values (see Shemesh et al.: [0059]).
Claim(s) 8, 10, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gassoway et al. and Shemesh et al., further in view of Pandya et al. (US Publication No. 2019/0072912 A1).
Regarding claim 8, it is noted neither Gassoway et al. nor Shemesh et al. specifically teach the first light transmissive element is dome-shaped. However, Pandya et al. teaches the first light transmissive element is dome-shaped (see Figures 4A-C and [0083] – “Referring primarily to FIG. 4A, a light-transmissive element such as a carrier 404 (e.g., a rear-facing or skin-facing carrier) may be coupled to or otherwise attached to a back side housing member 402 of the watch 400, and in some cases may be considered to form a part of the housing 206 of the watch body 202. The carrier 404 may have a first surface 406 that is interior to the watch body 202 (see FIG. 4C) and a second surface 408 that is exterior to the watch body 202 (see FIG. 4A). The carrier 404 may be dome-shaped or otherwise non-planar, as shown in FIGS. 4A-4C, such that the second surface 408 protrudes or extends away from a back member 402 of the watch 400. This is best illustrated in FIGS. 4B and 4C”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Gassoway et al. and Shemesh et al. to include the first light transmissive element is dome-shaped, as disclosed in Pandya et al., so that the skin contact surface is substantially sealed against the user’s skin to prevent ambient light from reaching the internal components of the light sensor assembly (see Gassoway et al.: col. 8, lines 6-10).
Regarding claim 10, it is noted neither Gassoway et al. nor Shemesh et al. specifically teach said first light transmissive element is shaped and functions as a focusing lens (see Figures 4A-C and [0083] – “Referring primarily to FIG. 4A, a light-transmissive element such as a carrier 404 (e.g., a rear-facing or skin-facing carrier) may be coupled to or otherwise attached to a back side housing member 402 of the watch 400, and in some cases may be considered to form a part of the housing 206 of the watch body 202. The carrier 404 may have a first surface 406 that is interior to the watch body 202 (see FIG. 4C) and a second surface 408 that is exterior to the watch body 202 (see FIG. 4A). The carrier 404 may be dome-shaped or otherwise non-planar, as shown in FIGS. 4A-4C, such that the second surface 408 protrudes or extends away from a back member 402 of the watch 400. This is best illustrated in FIGS. 4B and 4C” and [0092] – “The lens 436 may abut, be attached to (and optionally, directly on), or be formed on the first or interior surface 406 of the carrier 404. By way of example, the lens 436 is aligned with the center of the carrier 404”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Gassoway et al. and Shemesh et al. to include said first light transmissive element is shaped and functions as a focusing lens, as disclosed in Pandya et al., so as to focus the light emitted from the emitter onto the appropriate area of the user’s skin.
Regarding claim 12, it is noted neither Gassoway et al. nor Shemesh et al. specifically teach a portion of said at least one first light transmissive element protrudes above any other portions of said skin contact surface. However, Pandya et al. teaches a portion of said at least one first light transmissive element (404) protrudes above any other portions of said skin contact surface (see Figures 4A-C and [0083] – “Referring primarily to FIG. 4A, a light-transmissive element such as a carrier 404 (e.g., a rear-facing or skin-facing carrier) may be coupled to or otherwise attached to a back side housing member 402 of the watch 400, and in some cases may be considered to form a part of the housing 206 of the watch body 202. The carrier 404 may have a first surface 406 that is interior to the watch body 202 (see FIG. 4C) and a second surface 408 that is exterior to the watch body 202 (see FIG. 4A). The carrier 404 may be dome-shaped or otherwise non-planar, as shown in FIGS. 4A-4C, such that the second surface 408 protrudes or extends away from a back member 402 of the watch 400. This is best illustrated in FIGS. 4B and 4C”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Gassoway et al. and Shemesh et al. to include a portion of said at least one first light transmissive element protrudes above any other portions of said skin contact surface, as disclosed in Pandya et al., so that the skin contact surface is substantially sealed against the user’s skin to prevent ambient light from reaching the internal components of the light sensor assembly (see Gassoway et al.: col. 8, lines 6-10).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVIN B HENSON whose telephone number is (571)270-5340. The examiner can normally be reached M-F 7 AM ET - 5 PM ET.
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/DEVIN B HENSON/ Primary Examiner, Art Unit 3791