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 .
Allowable Subject Matter
Claims 12 and 15 are allowed.
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.
Examiner notes: for brevity, economy, and clarity of reading, select of the claims may be addressed jointly herein when instances of limitations with verbatim or near-verbatim similarity are recited in the body of differently numbered claims and/or when multiple different limitations are clearly addressed by a same/similar citation to/within a reference.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimuta (US 20200333195 A1) in view of Tsuchida (US 20120128024 A1).
For claim 1, Shimuta teaches A temperature sensor [1] comprising:
a sensing unit [15] comprising a base part [40],
a measuring part [701-704] mounted on the base part and configured to measure a temperature of a subject body by making contact with the subject body, [¶¶21-25]
and a cover part [10] configured to cover the measuring part;
and a substrate [50] on which the sensing unit is mounted,
wherein a plurality of slits is formed around a first area of the substrate, [through-holes 60a-c and 301a/302a of Fig(s). 2, 7, 8 constitute(s), under BRI, at least some form of ‘slits’ around substrate 50 — e.g., via the shape of holes 60a-c in Fig(s). 2 which show a cross-section being a linear slit or even a vertical aspect of holes 60a-c being a slit across the thickness of the device]
and the sensing unit is mounted at the first area of the substrate. [701-704 are mounted in at least an area of substrate 50 which could then be called a first area near holes 60a-c]
Shimuta fails to teach the slits being quarter-circle openings passing through the substrate.
Tsuchida teaches a temperature sensor [abstract] comprising slits [12] being quarter-circle openings that pass through a substrate to effect thermal isolation. [Fig(s). 1 and 3]
It would have been obvious to one of ordinary skill at the time the invention was filed to modify the slits of Shimuta to incorporate the configuration of Tsuchida in order to improve sensor performance and measurement accuracy. As motivated by Tsuchida ¶¶1-20.
For claim 2, Shimuta teaches The temperature sensor of claim 1,
wherein the sensing unit further comprises:
a terminal part [407] extending from the base part toward an opposite to the measuring part, and passing through the substrate to be electrically connected to the substrate. [¶42]
For claim 3, Shimuta teaches The temperature sensor of claim 1,
wherein the cover part covers an entire of the measuring part except for a portion of the measuring part heading for the subject body, and the portion of the measuring part exposed toward the subject body makes contact with the subject body for measuring the temperature of the subject body. [Fig(s). 2]
For claim 4, Shimuta teaches The temperature sensor of claim 3,
wherein the cover part comprises:
a measuring sensor [704] configured to measure an ambient temperature. [¶37]
For claim 5, Shimuta teaches The temperature sensor of claim 1,
wherein the slits are spaced apart from the first area by a predetermined distance, and the slits are spaced apart from each other by a predetermined distance. [Fig(s). 7]
For claim 6, Shimuta teaches The temperature sensor of claim 5,
wherein the distance between the slits adjacent to each other, is smaller than a length of each of the slits. [Fig(s). 7]
For claim 12, Shimuta teaches A core temperature measurement method using the temperature sensor of claim 1, the method comprising:
obtaining an ambient temperature; [¶¶37-38]
obtaining a core body temperature using the temperature sensor; [¶¶34-38]
and correcting the core body temperature based on the ambient temperature. [¶¶34-36]
Claim(s) 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimuta in view of Tsuchida and Choi (US 20170296088 A1).
For claim(s) 7 and 9, Shimuta fails to teach a vital sign measuring part.
Choi teaches a wearable temperature measurement device [¶36] comprising a temperature sensor [190] as well as a vital sign measuring part [131, 140] to measure vital signs of the body [¶¶47-56] a display part/ communications module [110] to display temperature and vitals [¶36]; a case [10, 20] for the components [Fig(s). 1B]; and a connecting part [11] connecting the vital module to the communication module.
It would have been obvious to one of ordinary skill at the time the invention was filed to modify the device of Shimuta to incorporate the HR monitor and housing structure of Choi in order to aid in assessing a patient’s health in a convenient and efficient manner. As motivated by Choi ¶¶2-8.
For claim(s) 8, Choi teaches (in the motivated combination of claim(s) 7)
wherein the measuring part of the temperature sensor is exposed to an outside of the case to make contact with the subject body. [Fig(s). 9]
For claim(s) 10, Choi teaches (in the motivated combination of claim(s) 9)
wherein the connecting part is a flexible structure, and the measuring part of the temperature sensor is exposed to an outside of the connecting part or an outside of the vital sign measuring module to make contact with the subject body. [strap (i.e., a flexible connecting component) in ¶38 can be part of the connecting part as in use in Fig(s). 9]
For claim 11, Shimuta teaches The wearable device of claim 9, further comprising:
a first electrode attached to a lower portion of the vital sign measuring module to make contact with the subject body; and a second electrode attached to a lower portion of the communication part to make contact with the subject body. [two of 140 as in Fig(s). 1A where then the vital module would be the associated processing circuitry on PCB 180 in Fig(s). 1B]
Response to Arguments
Applicant’s arguments with respect to the prior art have been considered but are moot because the arguments do not apply to the new combination of references being used in the current rejection.
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).
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/BENJAMIN S MELHUS/
Primary Examiner, Art Unit 3791
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