Prosecution Insights
Last updated: July 17, 2026
Application No. 18/070,490

Nail Sensing Based, Wireless Multi-Modal Tonoarteriogram Monitoring Apparatus And System

Non-Final OA §103§112
Filed
Nov 29, 2022
Priority
Sep 08, 2022 — CN 202211098163.9
Examiner
HALPRIN, MOLLY SARA
Art Unit
3791
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Hong Kong Centre for Cerebro-Cardiovascular Health Engineering Limited
OA Round
3 (Non-Final)
39%
Grant Probability
At Risk
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants only 39% of cases
39%
Career Allowance Rate
7 granted / 18 resolved
-31.1% vs TC avg
Strong +67% interview lift
Without
With
+66.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
24 currently pending
Career history
64
Total Applications
across all art units

Statute-Specific Performance

§103
97.6%
+57.6% vs TC avg
§102
2.4%
-37.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 18 resolved cases

Office Action

§103 §112
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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/20/2026 has been entered. Response to Amendment In response to amendments, filed April 20, 2026, claim 1 has been amended. Claims 3 and 5 have been cancelled. Claims 1-2, 4, and 6-11 are pending. Response to Arguments Applicant’s arguments, see Remarks, filed April 20, 2026, with respect to the prior art claim(s) have been considered but are moot because the new ground of rejection does not rely on the same reference combination applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. A new ground(s) of rejection is made in view of the combinations of Rogers (US 20180165566 A1), Carter (US 20170181649 A1), Park (US 20170095171 A1), Tzvieli (US 20190223737 A1), Connor (US 20190030230 A1), Zhou (US 20200085327 A1), and Kang (US 20190104997 A1). Any arguments still relevant based on the new grounds of rejection are addressed below. In response to applicant's argument that Rogers disclosure is technically incompatible with the present invention, Examiner respectfully disagrees. Rogers discloses in [0180] using the fingernail-mounted or tissue-mounted devices for measuring temperature, pH levels, glucose, pulse-oximetry, heart rate, respiratory rate, blood pressure, ECG (electrocardiography), EOG (electrooxulography), EEG (electroencephalography), EMG (electromyography), PPG (photoplethysmogram), peripheral capillary oxygen saturation (SpO2), bilirubin level and/or bili light intensity and dose. Rogers is not limited to a simple passive device as described in applicant’s argument. Additionally, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references, and the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In response to applicant's argument that the references fail to show the feature of a MWPPG sensor that emits and detects multi-wavelength composite light, Examiner respectfully disagrees. Per the present invention Spec [0024] “multi-wavelength composite lights are lights consisting of a variety of different wavelengths of monochromatic light. Because there are differences in the absorption and attenuation of each wavelength by blood, the MWPPG signals can be obtained when the sensor generates multi-wavelength composite lights (i.e., lights consisting of a variety of different wavelengths of monochromatic light).” Carter’s red light emitting diode (LED) 201a and infrared (IR) LED 201b with light sensor 202 fulfill the definition for multi-wavelength composite light per the claim language and specification. In response to applicant's argument that the references fail to show the feature of each of the blood pressure prediction model and the physiological mathematical model is adapted to process in parallel both of the detected MWPPG signals and the accelerometer signal simultaneously to obtain a respective initial central tonoarteriogram signal, Examiner respectfully disagrees. Carter FIG. 1 illustrates parallel execution of models processing ppg and accelerometry data to determine blood pressure. Regarding the applicant’s argument that the Examiner is improperly conflating blood pressure estimation with a central tonoarteriogram signal, per the present invention Spec [0027] “central arterial tonoarteriogram signal is continuous blood pressure information,” and under this definition the interpretation is appropriate. In response to applicant's argument that the references fail to show the feature of performing a channel estimation against the MWPPG signals according to the multiple initial central tonoarteriogram signals to obtain a channel estimation result, Examiner respectfully disagrees. The PPG/accelerometry data processed via models described in Carter [0043] is further processed by selecting the best quality PPG for the estimation of bioinformation per Park [0060]. This combination results in the data output (channel estimation result) used for blood pressure estimation being based on the quality of the MWPPG signals. In response to applicant's arguments against the Kang reference individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. The combination of references cited in the mapping of claim 11 met the requirements of the claim language. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Still, applicant’s arguments with regard to a guidance feature are not detailed in the specification or claim language. 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. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “processing module” in claim 1-2, 4, 8, and 10 -- [0055] “the processing module is integrated on the chip as shown in FIG 8;” [0058] “when the wireless communication module is integrated on the chip and the processing module is separate and independent from the chip as shown in FIG. 9. The blood pressure prediction model and the physiological mathematical module are designed on an external display device, such as a cell phone” “wireless communication module” in claim 10 – [0058] “the wireless communication module is integrated on the chip” Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 112 Claims 2 and 8 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. Regarding claims 2 and 8, the phrase "optionally" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). 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. Claim(s) 1-2, 4, 6, 8, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rogers (US 20180165566 A1) in view of Carter (US 20170181649 A1), Park (US 20170095171 A1), and Tzvieli (US 20190223737 A1). Regarding claim 1, Rogers teaches a nail sensing based, wireless multi-modal tonoarteriogram (TAG) monitoring apparatus (Fig. 10), comprising a nail patch, a plurality of sensors and a processing module; wherein at least one first sensor of the plurality of sensors is arranged on the nail patch, with the plurality of sensors being used for obtaining a biological signal at fingernail ([0180] “The fingernail-mounted or tissue-mounted devices optionally provide additional bio-sensing modalities;” [0069] “CMOS device;” [0029] “the electronic device comprises one or more sensors or a component thereof, for example, sensors selected from the group consisting of an optical sensor, an electrochemical sensor, a chemical sensor, a mechanical sensor, a pressure sensor, an electrical sensor, a magnetic sensor, a strain sensor, a temperature sensor, a heat sensor, a humidity sensor, a motion sensor (e.g., accelerometer, gyroscope), ...” [0069] “FIG. 10 provides images and experimental results characterizing a fingernail mounted silicon CMOS device.”). However, Rogers fails to explicitly disclose a multi-wavelength photophethysmogram (MWPPG) or using MWPPG in combination with accelerometry signals to determine blood pressure. Carter teaches systems and methods for determining a blood pressure of a subject from a photoplethysmogram and accelerometry. Carter discloses: wherein the plurality of sensors comprise at least a multi-wavelength photoplethysmogram (MWPPG) sensor for emitting a multi-wavelength composite light and detecting multi-wavelength photoplethysmogram (MWPPG) signals from the multi-wavelength composite light ([0051] “Light sensor 202 is positioned adjacent LEDs 201a, 201b so as to be able to capture light (i.e., both red light and infrared waves) that is emitted by LEDs 201a, 201b and reflected from the wearer's body. … Accordingly, the present invention extends to wearable sensor devices that include one or more LEDs and one or more light sensors for sensing light that is either transmitted through or reflected by the wearer's skin. Light sensor 202 acquires a raw PPG representing the intensity of light that it receives over time. A PPG can be generated for each of LEDs 201a, 201b”), and an accelerometer sensor for detecting an accelerometer signal ([0052] “The motion sensor 203 can comprise one or more accelerometers or other suitable component to acquire raw motion data.”); wherein the processing module comprises a blood pressure prediction model and a physiological mathematical model; each of the blood pressure prediction model and the physiological mathematical model is adapted to process in parallel both of the detected MWPPG signals and the accelerometer signal simultaneously to obtain a respective initial central tonoarteriogram signal (Fig. 1, parallel, simultaneous processing shown down each path of arrows representing the different models; [0043] “FIG. 1 illustrates, that at least in some embodiments, they comprise a system 10 configured to process raw data to determine blood pressure. In some embodiments, system 10 comprises one or more processing modules. These processing modules can include a biometric engine 30 and a blood pressure engine 40. The biometric engine 30 can be configured to receive raw data 20. Raw data 20 can comprise raw PPG data, raw motion data captured by an accelerometer or similar device, and/or any other similar raw data related to blood pressure. While the biometric engine 30 can comprise any suitable component and/or characteristic, at least in some cases it comprises a signal processing unit 32 configured to process raw data 20. In some embodiments, the signal processing unit 32 is configured to process raw data 20 to generate scaled beats 34 and biometric features 36. Biometric features 36 can include any suitable feature, characteristic, data, or similar value related to a subject's blood pressure;” Fig. 4, a red light emitting diode (LED) 201a and an infrared (IR) LED 201b, accelerometer 203;). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Rogers to include MWPPG and determining blood pressure using MWPPG and accelerometry as disclosed in Carter to accurately and continuously measure blood pressure based on biometric features that do not involve a cumbersome inflatable cuff (Carter [0004, 0043]). However, the combination of Rogers/Carter fails to disclose channel estimation. Park teaches an apparatus and a method of measuring bioinformation and extracting cardiovascular features of a user. Park discloses: wherein the processing module comprises a channel estimation model adapted to perform a channel estimation against the MWPPG signals according to the multiple initial central tonoarteriogram signals to obtain a channel estimation result ([0060] “the bioinformation estimator 130 may select a reference PPG signal to be used to estimate the bioinformation from among PPG signals to be transferred through a plurality of channels, and estimate the bioinformation based on the selected reference PPG signal. For example, the bioinformation estimator 130 may select, as the reference PPG signal, a PPG signal having a best signal quality, for example, a highest signal-to-noise ratio (SNR).”); wherein the processing module comprises an aortic pressure estimation model, the processing module is adapted to input the channel estimation result into the aortic pressure estimation model (Park: [0060] “the bioinformation estimator 130 may select, as the reference PPG signal, a PPG signal having a best signal quality, for example, a highest signal-to-noise ratio (SNR).” [0061] “bioinformation estimator 130 may estimate, for example, an arterial stiffness, a vascular age, a blood pressure”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Rogers/Carter to include channel estimation as disclosed in Park to obtain more accurate blood pressure estimations based on the selection of the best quality PPG signals (Park [0060]). However, the combination of Rogers/Carter/Park fails to disclose model estimation based on dictionary learning. Tzvieli teaches a system for detecting blood pressure based on imaging photoplethysmography (iPPG). The combination of Rogers/Carter/Park/Tzvieli discloses based on dictionary learning to obtain a target physiological parameter comprising a target central tonoarteriogram signal (Carter: [0082] “modeling with machine learning to determine blood pressure 136 comprises using machine learning with one or more biometric features 36 and/or one or more additional shape features 44 and/or ground truth blood pressure data to develop a predictive model for blood pressure.” [0075] “The known blood pressures (e.g., ground truth blood pressure data) can be collected with conventional inflatable cuff devices at the same time as the raw data is collected. The strength of the linear relationship established between the additional features and/or biometric features and known blood pressures can be measured by a Pearson correlation coefficient (denoted by k). In other embodiments, the relationships between these additional features and/or biometric features and known blood pressures can be used to determine cardiovascular values such as blood pressure. For example, FIGS. 10-24 show relationships between some additional features and biometric features and known blood pressures.” Table 3. Park: [0061] “bioinformation estimator 130 may estimate a blood pressure;” “modeling with machine learning to determine blood pressure 136 comprises using machine learning to develop a predictive model for blood pressure;” Tzvieli: [0091] Various embodiments described herein involve calculation of blood pressure based on IM.sub.ROIs using machine learning methods. Herein, “machine learning” methods refers to learning from examples using one or more approaches … sparse dictionary learning, genetic algorithms, rule-based machine learning, and/or learning classifier systems.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Rogers/Carter/Park to include an estimation model based on dictionary learning as disclosed in Tzvieli to enable a trained model to be more resilient to different conditions to achieve better detection of blood pressure in real world day-to-day scenarios (Tzvieli [0096]). Regarding claim 2, the combination of Rogers/Carter/Park/ Tzvieli discloses the nail sensing based, wireless multi-modal tonoarteriogram monitoring apparatus according to claim 1, further comprising a chip, wherein the processing module is optionally integrated at the chip (Rogers: [0069] “FIG. 10 provides images and experimental results characterizing a fingernail mounted silicon CMOS device.” [0054] “communicating a signal indicative of the digital content from the tissue mounted electronic system to an external device;” [0051] “the external device may be a computer, a phone”). Regarding claim 4, the combination of Rogers/Carter/Park/Tzvieli teaches the nail sensing based, wireless multi-modal tonoarteriogram monitoring apparatus according to claim 1, the blood pressure prediction model is pre-trained by taking the MWPPG signals and the accelerometer signal as samples and referencing a central tonoarteriogram signal as a label (Carter: [0038] “collecting raw photoplethysmogram (PPG) and accelerometer data, processing the raw data with a biometric engine configured to perform signal processing to generate scaled beats and biometric features, processing the scaled beats and biometric features with a blood pressure engine configure to perform beat shape analysis, measure additional shape features, and model with machine learning to determine blood pressure;” [0082] “modeling with machine learning to determine blood pressure 136 comprises using machine learning with one or more biometric features 36 and/or one or more additional shape features 44 and/or ground truth blood pressure data to develop a predictive model for blood pressure.” [0075] “The known blood pressures (e.g., ground truth blood pressure data) can be collected with conventional inflatable cuff devices at the same time as the raw data is collected. The strength of the linear relationship established between the additional features and/or biometric features and known blood pressures can be measured by a Pearson correlation coefficient (denoted by k). In other embodiments, the relationships between these additional features and/or biometric features and known blood pressures can be used to determine cardiovascular values such as blood pressure. For example, FIGS. 10-24 show relationships between some additional features and biometric features and known blood pressures.” Table 3). Regarding claim 6, the combination of Rogers/Carter/Park/Tzvieli discloses the nail sensing based, wireless multi-modal tonoarteriogram monitoring apparatus according to claim 1, wherein the biological signal further comprises at least a pressure signal; the plurality of sensors further comprise a pressure sensor for obtaining the pressure signal (Rogers: [0029] “the electronic device comprises one or more sensors or a component thereof, for example, sensors selected from the group consisting of an optical sensor, … a pressure sensor;” Fig. 31). Regarding claim 8, the combination of Rogers/Carter/Park/Tzvieli discloses the nail sensing based, wireless multi-modal tonoarteriogram monitoring apparatus according to claim 1, wherein the nail patch comprises a substrate layer and a protective layer layered in sequence; the substrate layer is adhered onto a nail and the substrate layer is made of a transparent material (Rogers: [0024] "The invention includes substrates having functionality as an electrical insulator, an optically transparent layer, an optical filter and/or a mechanically supporting layer"; Fig. 1B); the first sensor is arranged on the substrate layer, the processing module is optionally arranged on the substrate layer; the protective layer is made of a waterproof material (Rogers: [0029] “the electronic device comprises one or more sensors;” [0069] “FIG. 10 provides images and experimental results characterizing a fingernail mounted silicon CMOS device.” [0017] "In some embodiments, the present systems are waterproof, for example, by encapsulation or packaging, with a biopolymer, a thermoset polymer, a rubber, an adhesive tape, plastic or any combination of these. For example, in embodiments, the system comprises an encapsulation layer or other waterproofing structure comprising polyimide, conformal Q, vinyl, acrylic, polydimethylsiloxane (PDMS), polyurethane, vinyl, polystyrene, polymethyl methacrylate (PMMA) or polycarbonate."). Regarding claim 10, the combination of Rogers/Carter/Park/Tzvieli discloses the nail sensing based, wireless multi-modal tonoarteriogram monitoring apparatus according to claim 1, further comprising a wireless communication module, the wireless communication module being arranged on the nail patch, wherein when the processing module is arranged on the nail patch, the wireless communication module is used for transmitting the biological signal to the processing module, and the wireless communication module is used for outputting the physiological parameter obtained by the processing module (Rogers: [0032] “In embodiments, the electronic device comprises one or more communication systems or a component thereof, for example, communication systems or components thereof selected from the group consisting of a transmitter, a receiver, a transceiver, an antenna, and a near field communication device.” [0069] “FIG. 10 provides images and experimental results characterizing a fingernail mounted silicon CMOS device.”); wherein when the processing module is arranged to separate from the nail patch, the wireless communication module is used for transmitting the biological signal to the processing module (Rogers: [0054] “communicating a signal indicative of the digital content from the tissue mounted electronic system to an external device;” [0051] “the external device may be a computer, a phone”). Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rogers (US 20180165566 A1) in view of Carter (US 20170181649 A1), Park (US 20170095171 A1), and Tzvieli (US 20190223737 A1), and in further view of Connor (US 20190030230 A1). Regarding claim 7, the combination of Rogers/Carter/Park/Tzvieli discloses the nail sensing based, wireless multi-modal tonoarteriogram monitoring apparatus according to claim 1, wherein the target physiological parameter further comprises a heart rate, a blood oxygen saturation level, a blood glucose level (Rogers: [0011] “a measured physiological property of the tissue or subject (e.g., temperature, pH level, glucose, pulse oximetry, heart rate, respiratory rate, blood pressure, peripheral capillary oxygen saturation (SpO2)) or measured ambient property (e.g., temperature, electromagnetic radiation, etc.)”). However, the combination of Rogers/Carter/Park/Tzvieli fails to disclose a heart rate variability, a lactic acid value and a sleep parameter. Connor teaches a system that collects data on a biometric parameter concerning a person's body in real time. Connor discloses a heart rate variability, a lactic acid value and a sleep parameter ([0088] “In an example, the biometric parameter which is measured and managed by this system can be selected from the group consisting of: oxygenation level, carbon dioxide level, lactate or lactic acid level, blood pressure, heart rate variability, pulsatile blood volume, pulsatile blood lag, hydration level, respiration rate, exhaled gas composition, body glucose level, troponin level, body motion or exercise level, and sleep status or stage”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Rogers/Carter/Park/Tzvieli to include a heart rate variability, a lactic acid value and a sleep parameter as disclosed in Connor to assist in management of the person's cardiac rhythm and/or assist in pumping the person's blood based on the analysis of the biometric parameters in real time, which can prevent tissue degradation, can promote wound healing, and may even help to avoid amputation (Connor [0014]). Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rogers (US 20180165566 A1) in view of Carter (US 20170181649 A1), Park (US 20170095171 A1), and Tzvieli (US 20190223737 A1), and in further view of Zhou (US 20200085327 A1). Regarding claim 9, the combination of Rogers/Carter/Park/Tzvieli discloses the nail sensing based, wireless multi-modal tonoarteriogram monitoring apparatus according to claim 6. However, the combination of Rogers/Carter/Park/Tzvieli fails to disclose an adjustable finger ring. Zhou teaches an expandable multi-physiological parameter monitoring ring. The combination of Rogers/Carter/Zhou discloses further comprises a finger ring adjustable in expansion size; wherein the pressure sensor is comprise a pressure sensor arranged on the finger ring (Rogers: [0180] “The fingernail-mounted or tissue-mounted devices;” [0014] “Tissue mounted systems of the invention may be provided in indirect conformal integration, wherein the system is provided on an intermediate structure provided in conformal contact with the tissue surface, such as a … jewelry (e.g., rings, bracelets, necklaces, wrist watches, piercings, etc.).” [0029] “the electronic device comprises one or more sensors or a component thereof, for example, … a pressure sensor;” Zhou: [0019] “FIG. 2 is a schematic diagram of function modules of an expandable multi-physiological parameter monitoring ring”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Rogers/Carter/Park/Tzvieli to include an adjustable finger ring as disclosed in Zhou to improve the reliability of blood pressure readings while maintaining portability and comfort (Zhou [0003 0015]). Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rogers (US 20180165566 A1) in view of Carter (US 20170181649 A1), Park (US 20170095171 A1), and Tzvieli (US 20190223737 A1), and in further view of Kang (US 20190104997 A1). Regarding claim 11, the combination of Rogers/Carter/Park/Tzvieli discloses a tonoarteriogram monitoring system, comprising the nail sensing based, wireless multi-modal tonoarteriogram monitoring apparatus according to claim 1. However, the combination of Rogers/Carter/Park/Tzvieli fails to disclose a display screen with pressure alert information. Kang teaches an apparatus for measuring bio-information of the object based on the pulse wave signal and the contact pressure signal. The combination of Rogers/Carter/Kang discloses and a wearable apparatus having a display screen (Kang: Fig. 9, touch screen panel 850); wherein, the wearable apparatus is used for displaying a pressure alert information at the display screen, the pressure alert information is used for indicating a strength of a target finger pressing on the display screen (Kang: [0068] “the outputter 210 may output guidance information regarding the contact pressure … when a request for measuring bio-information is received, the outputter 210 may display an area to be in contact with the second region and also display reference pressure information in a predetermined area of the touch screen panel, or when the second region is in contact with the touch screen, the outputter 210 may display information regarding an actual contact pressure along with information regarding a reference pressure to be applied (or desired to be applied) by the second region.”); the target finger being a finger wearing the nail sensing based, wireless multi-modal tonoarteriogram monitoring apparatus according to claim 1 (Rogers: Fig. 10; Kang: [0011] “region being in contact with the touch screen”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Rogers/Carter/Park/Tzvieli to include a display screen with contact pressure information as disclosed in Kang to indicate whether a contact pressure between the biometric information detecting apparatus and a skin of the target object is an acceptable level (Kang [0012]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOLLY HALPRIN whose telephone number is (703)756-1520. The examiner can normally be reached 12PM-8PM ET. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert (Tse) Chen can be reached at (571) 272-3672. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /M.H./Examiner, Art Unit 3791 /DEVIN B HENSON/Primary Examiner, Art Unit 3791
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Prosecution Timeline

Nov 29, 2022
Application Filed
Jun 03, 2025
Non-Final Rejection mailed — §103, §112
Aug 18, 2025
Response Filed
Nov 26, 2025
Final Rejection mailed — §103, §112
Apr 20, 2026
Request for Continued Examination
Apr 22, 2026
Response after Non-Final Action
May 12, 2026
Non-Final Rejection mailed — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12669434
OPTICAL SYSTEM FOR TRIGLYCERIDE INSPECTION
3y 9m to grant Granted Jun 30, 2026
Patent 12640266
DIAGNOSTIC TOOL FOR ANALYZING RESULTS OF FLOW MEDIATED DILATION
4y 6m to grant Granted May 26, 2026
Patent 12629086
METHOD FOR DETECTING BRAIN CONDITION STATE AND A PORTABLE DETECTION SYSTEM THEREOF
3y 5m to grant Granted May 19, 2026
Patent 12629138
Systems and Methods for Generating Menstrual Cycle Cohorts and Classifying Users into a Cohort
3y 5m to grant Granted May 19, 2026
Study what changed to get past this examiner. Based on 4 most recent grants.

Strategy Recommendation AI-generated — please review before filing

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Prosecution Projections

3-4
Expected OA Rounds
39%
Grant Probability
99%
With Interview (+66.7%)
3y 8m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 18 resolved cases by this examiner. Grant probability derived from career allowance rate.

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