DETAILED ACTION
Note: The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant’s arguments filed in the reply on June 18, 2026 were received and fully considered. Claims 1 and 5 were amended. Claim 21 was cancelled. The current action is FINAL. Please see corresponding rejection headings and response to arguments section below for more detail.
Claim Rejections - 35 USC § 102(A)(1)
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5, 11-14, and 18-20 are rejected under 35 U.S.C. 102(A)(1) as being anticipated by Yoo (US PG Pub. No. 2020/0155064 A1).
With respect to claim 1, Yoo teaches a wearable health monitoring device (title “wearable body fat combustion measurement device”) comprising: a band configured to attach the wearable health monitoring device to a user's body (fixing means 20 attaches the device housing 10 to user’s skin, see Fig. 1); a VOC detection device (signal processor 50 and printed circuit board 14 in Fig. 1) configured to collect and analyze gaseous volatile organic compounds given off as gases from the user's skin to identify specific health- indicative volatile organic compounds indicative of a health condition (par.0042 “calculate a body fat combustion amount using the acetone concentration… calculates a concentration of a gas component contained in the ambient air and detectable by the measurement sensor 30”), the VOC detection device comprising an integral identifier comprising a processor (par.0039-40 “components installed on the printed circuit board 40… measurement device 100 includes a signal processor 50”), the processor configured to process information about the gaseous volatile organic compounds to identify the specific health-indicative volatile organic compounds (par.0042 “signal processor 50 may calculate an acetone concentration using the electrical signal from the measurement sensor 30, and may calculate a body fat combustion amount using the acetone concentration”); a biomarker sensor configured to detect a biomarker of the user (par.0033 “The measurement sensor 30 is arranged inside the first chamber 11. The measurement sensor 30 generates an electric signal according to the amount of acetone contained in the gas 3 generated by the evaporation of the sweat 2 discharged from the user's skin 1”), wherein the biomarker detected by the biomarker sensor is different from the gaseous volatile organic compounds detected by the VOC detection device (par.0042 “signal processor 50 may calculate an acetone concentration using the electrical signal from the measurement sensor 30, and may calculate a body fat combustion amount using the acetone concentration”; Note: acetone concentration detected by biomarker sensor 30 is different from final body fat combustion amount detected/determined by signal processor 50; Examiner also notes Yoo teaches detecting/determining other/different measurement values from other sensors 35/36, see par.0038); and an inner layer configured to be arranged between the user's skin and the VOC detection device to prevent sweat from the user's skin from contacting the VOC device (par.0037 “close contact member 18… serves to seal a gap between the user’s skin 1 and the bottom surface of the first chamber 11”; member 18 is arranged between user’s skin 1 and VOC detection device 50, as depicted in Fig. 1; Note: arrangement of inner layer 18 in relation to VOC device 50 prevents sweat from contacting VOC device 50, as depicted in Fig. 1); wherein the integral identifier is formed integrally with and fixedly attached to the band (integral identifier 14/50 is formed integrally with and fixedly attached to band 20, as depicted in Fig. 1).
With respect to claim 2, Yoo teaches further comprising a display configured to display information related to at least one of the biomarker and the gaseous volatile organic compounds (par.0039).
With respect to claim 3, Yoo teaches wherein the band is a wristband configured to attach to a user's wrist (Fig. 1; par.0027).
With respect to claim 4, Yoo teaches wherein: the VOC detection device comprises a collector; the collector comprises a collector material configured to collect the gaseous volatile organic compounds given off from the user's skin; the display is disposed at a first side of the wristband and the collector material is disposed at a second side of the wristband opposite the first side; the collector material is configured to confront a palmar side of the user's wrist; and the display is configured to confront a dorsal side of the user's wrist (Fig. 1).
With respect to claim 5, Yoo teaches further comprises an outer layer, the inner layer configured to prevent the collector material from contacting the user's skin, the collector material received between the outer layer and the inner layer (Fig. 1).
With respect to claim 11, Yoo teaches wherein the biomarker sensor is selected from one of a temperature sensor, a heart rate sensor, a blood pressure sensor, and a blood oxygen sensor (par.0038).
With respect to claim 12, Yoo teaches wherein the biomarker sensor is a first biomarker sensor, and wherein the wearable health monitoring device further comprises a second biomarker sensor selected from another of the temperature sensor, the heart rate sensor, the blood pressure sensor, and the blood oxygen sensor (par.0038).
With respect to claim 13, Yoo teaches wherein the biomarker sensor is configured to confront the palmar side of the user's wrist (Fig. 1).
With respect to claim 14, Yoo teaches wherein the biomarker sensor is a temperature sensor (par.0038).
With respect to claim 18, Yoo teaches wherein the specific health-indicative volatile organic compounds comprise at least one seizure- indicative volatile organic compound (par.0035 “generates an electrical signal in response to not only acetone but also volatile organic compounds (VOCs) such as benzene and acetylene, and ethanol”; Note: VOC levels, including acetone, are known to be linked to seizure; see prior art section at the end of the current office action for further evidence).
With respect to claim 19, Yoo teaches wherein the biomarker sensor is formed integrally with and fixedly attached to the band (Fig. 1).
With respect to claim 20, Yoo teaches wherein the display is formed integrally with and fixedly attached to the band (par.0039).
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.
Claims 6 and 10, are rejected under 35 U.S.C. 103 as being unpatentable over Yoo in view of Peyser et al. (US PG Pub. No. 2007/0027383 A1) (hereinafter “Peyser”).
Peyser was applied in the previous office action.
With respect to claims 6 and 10, Yoo teaches a wearable health monitoring device, as established above.
However, Yoo does not teach the limitations further recited in claims 6 and 10.
Regarding claim 6, Peyser teaches the inner layer is a mesh layer (par.0052 “sweat permeable membrane”). Therefore, it would have been prima facie obvious to PHOSITA when the invention was filed to modify Yoo’s device to incorporate an inner mesh in the manner recited for preventing or minimizing the re-absorption of glucose that has been brought to the skin surface via sweat, as evidence by Peyser (par.0052).
Regarding claim 10, Peyser teaches a pump and a transfer tube, the pump configured to pump the volatile organic compounds through the transfer tube from the collector to the separator (par.0079). Therefore, it would have been prima facie obvious to PHOSITA when the invention was filed to modify Yoo to incorporate a pump and a transfer channel/tube in order to move buffer from the reservoir through the patch, as evidence by Peyser (par.0079).
Claims 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo in view of Nishiyama et al. (US PG Pub. No. 2020/0008756 A1) (hereinafter “Nishiyama”).
Nishiyama was applied in the previous office action.
With respect to claims 7 and 9, Yoo teaches a wearable health monitoring device, as established above.
However, Yoo does not teach the limitations further recited in claims 7 and 9.
Regarding claim 7, Nishiyama teaches the collector further comprises a heater comprising a heating element, the heating element configured to emit a thermal pulse to desorb the volatile organic compounds from the collector material (par.0110 “a heater may be provided to desorb the biogas absorbed in the absorbent from the absorbent”). Therefore, it would have been prima facie obvious to PHOSITA when the invention was filed to modify Yoo to incorporate a heating element in the manner recited for the purpose of desorbing the biogas, as evidence by Nishiyama (par.0110).
Regarding claim 9, Nishiyama teaches the wearable health monitoring device further comprises a separator comprising a gas chromatography column configured to separate mixtures of the volatile organic compounds into their constituent chemicals; and the identifier further comprises a detector configured to transduce the constituent chemicals; and the processor is configured to process information about the transduced chemicals to identify the specific health-indicative volatile organic compounds (par.0056). Therefore, it would have been prima facie obvious to PHOSITA when the invention was filed to modify Yoo to incorporate a gas chromatography column in the manner recited in order to analyze desorbed gases, as evidence by Nishiyama (par.0056).
Claims 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo.
With respect to claims 15-17, Yoo teaches a wearable health monitoring device, as established above.
Although Yoo does not explicitly teach wherein the biomarker sensor is a heart rate sensor, wherein the biomarker sensor is a blood pressure sensor, and wherein the biomarker sensor is a blood oxygen sensor, further modification to incorporate the use of these additional sensors would have been obvious to PHOISITA when the invention was filed as it is widely known to monitor additional physiological parameters via wrist-watch devices. See also prior art cited in previous office action(s) for example teachings. Lastly, Yoo teaches utilizing a plurality of sensors in order to determine multiple physiological parameters (par.0038). Therefore, further modification to incorporate other well-known biomarker sensors would only involve routine skill in the art.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PG Pub. No. 2005/0084921, see par.58 “Acetone… sensors/electrodes… may be used to monitor ketogenic diet-utilizing subjects for seizure control”
Response to Arguments
Applicant’s arguments filed with respect to the prior art rejections raised in the previous office action have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Please see prior art section above for more detail and updated citations (new Yoo reference).
Conclusion
No claim is allowed.
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 PUYA AGAHI whose telephone number is (571)270-1906. The examiner can normally be reached M-F 8 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Valvis can be reached at 5712724233. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PUYA AGAHI/Primary Examiner, Art Unit 3791
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