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 January 20, 2026 were received and fully considered. Claims 1, 2, 4, 7, 9, and 10 were amended. Claim 21 is new. Please see corresponding rejection headings and response to arguments section below for more detail.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant’s submission filed on January 20, 2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on January 20, 2026 has been considered by the examiner.
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.
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 1-5 and 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ionescu et al. (US PG Pub. No. 2019/0110722 A1) (hereinafter “Ionescu”).
Ionescu was applied in the previous office action.
With respect to claim 1, Ionescu teaches a wearable health monitoring device comprising: a band configured to attach the wearable health monitoring device to a user's body (wearable device 210 is a wristband that comprises biofluid collection and sensing device 200/300; see Fig. 2); a VOC detection device 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.0009 “The biofluid collection and sensing devices described herein can be used to acquire, record, and analyze information about the health, wellness, and/or other conditions of a wearer of the device in a substantially real-time (e.g., continuous) manner”; Note: Ionescu’s device collects/analyzes information derived from fluids, which would include gas, a known type of fluid. The instant specification, which discloses a similar structure, further discloses that the collector can collect gaseous VOCs through fluids such as sweat, saliva, breath, etc., see par.41)… and a biomarker sensor configured to detect a biomarker of the user, wherein the biomarker detected by the biomarker sensor is different from the volatile organic compounds detected by the VOC detection device (par.0014 “one or more biomarkers include one or more selected from the group consisting of ions… hormones and/or steroids… proteins… metabolites… and organic compounds”, therefore suggesting detecting different biomarkers and volatile organic compounds).
Ionescu also teaches a biofluid collection and sensing device within a smart watch (abstract), that acquires, records, and analyzes information about the user’s health based on biomarker levels (par.0008), and communicates with a processor in external (mobile) device (par.0040).
Although Ionescu does not explicitly teach the VOC detection device comprising an integral identifier comprising a processor, the processor configured to process information about the gaseous volatile organic compounds to identify the specific health-indicative volatile organic compounds… wherein the integral identifier is formed integrally with and fixedly attached to the band, further modification to incorporate a processor formed integrally with and fixedly attached to the band would have been prima facie obvious to person having ordinary skill in the art (“PHOSITA”) for at least several reasons. First, Ionescu explicitly teaches that the wrist band is a smart watch (abstract), while also depicting a display on the smart watch (see Fig. 2). Accordingly, it is understood that the smart watch inherently has electrical circuitry that is integral with the unit (in order to provide the display depicted in Fig. 2). Moreover, it is widely known in the art for smart watches with embedded physiological sensors to microprocessors and displays integrated within the unit and fixedly attached to the band (as like Ionescu, see Fig. 2) for the desired benefit of allowing athletic users to glance at their wrists for their health metrics in real-time in place of looking at their mobile cellular devices.
With respect to claim 2, Ionescu teaches further comprising a display configured to display information related to at least one of the biomarker and the volatile organic compounds (Fig. 2).
With respect to claim 3, Ionescu teaches the band is a wristband configured to attach to a user's wrist (Fig. 2).
With respect to claim 4, Ionescu teaches wherein: the VOC detection device comprises a collector (biofluid collection and sensing device 200/300 as depicted in Figs. 2-3); the collector comprises a collector material configured to collect the volatile organic compounds given off from the user's skin (see Figs. 2-3); 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 (display in Fig. 2); the collector material is configured to confront a palmar side of the user's wrist (Fig. 2); and the display is configured to confront a dorsal side of the user's wrist (Fig. 2).
With respect to claim 5, Ionescu teaches wherein the collector further comprises an outer layer and an inner 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. 3 shows layered configuration).
With respect to claim 11, Ionescu 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.0024-25).
With respect to claims 12, Ionescu suggests 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.0024-25).
With respect to claim 13, Ionescu teaches wherein the biomarker sensor is configured to confront the palmar side of the user's wrist (Fig. 2).
With respect to claim 14, Ionescu teaches wherein the biomarker sensor is a temperature sensor (par.0024).
With respect to claim 15, Ionescu teaches wherein the biomarker sensor is a heart rate sensor (par.0104).
With respect to claim 16, Ionescu does not explicitly teach wherein the biomarker sensor is a blood pressure sensor. However, PHOSITA would have had predictable success modifying Ionescu to incorporate a blood pressure sensor as it is widely known to monitor blood pressure with wrist-watch devices. See also prior art cited in previous office action(s) for example teachings.
With respect to claim 17, Ionescu does not explicitly teach wherein the biomarker sensor is a blood oxygen sensor. However, PHOSITA would have had predictable success modifying Ionescu to incorporate a blood pressure sensor as it is widely known to monitor blood oxygen with wrist-watch devices. See also prior art cited in previous office action(s) for example teachings.
With respect to claim 18, Ionescu teaches wherein the specific health-indicative volatile organic compounds comprise at least one seizure- indicative volatile organic compound (par.0092).
With respect to claim 19, Ionescu teaches wherein the biomarker sensor is formed integrally with and fixedly attached to the band (Fig. 2).
With respect to claim 20, Ionescu teaches wherein the display is formed integrally with and fixedly attached to the band (Fig. 2).
With respect to claim 21, Ionescu teaches comprising an inner layer configured to be arranged between the VOC detection device and the user's skin, and wherein: the gaseous volatile organic compounds are permitted to pass across the inner layer to the VOC detection device; and the inner layer is configured to prevent the VOC detection device from being contaminated by bodily fluids from the user's skin (Fig. 3 shows layered configuration with nanofluidic channels 332 that permits passage of biofluids, which would include gas, a known type of fluid, to various sensors 1-3).
Claims 6 and 10, are rejected under 35 U.S.C. 103 as being unpatentable over Ionescu 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, Ionescu teaches a wearable health monitoring device, as established above.
However, Ionescu does not teach the limitations further recited in claims 6, 7, 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 Ionescu’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 Ionescu’s to incorporate 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 Ionescu 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, Ionescu teaches a wearable health monitoring device, as established above.
However, Ionescu 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 Ionescu 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 Ionescu to incorporate a gas chromatography column in the manner recited in order to analyze desorbed gases, as evidence by Nishiyama (par.0056).
Response to Arguments
Applicant's arguments filed with respect to the prior art rejections raised in the previous office action have been fully considered, but they are not persuasive. Applicant argues that Ionescu does not teach a VOC detection device configured to collect and analyze gaseous volatile organic compounds given off as gases from the user’s skin, as set forth in the amendment. Applicant appears to take issue with Ionescu’s disclosure of analyzing biomarkers found in biofluids, such as sweat tears, saliva (see abstract). Examiner does not find this persuasive for the following reasons. First, nothing suggests that Ionescu’s device that collects/analyzes biomarkers in biofluids would not also be capable of collecting/analyzing biomarkers from gas, a known type of fluid1. For instance, Ionescu’s device would be capable of collecting gas from, for example, a heated sweat sample, despite gas vapors emanating from the subject not being visible by the naked eye. Furthermore, the instant specification similarly discloses a collector that can collect gaseous VOCs through fluids such as sweat, saliva, breath, etc., see par.41). For at least these reasons, the obviousness rejections are maintained. Please see prior art section above for more detail.
Conclusion
No claim is allowed.
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/PUYA AGAHI/Primary Examiner, Art Unit 3791
1 Gas: a compressible form of fluid
https://en.wikipedia.org/wiki/Gas