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 .
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.
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.
Claims 1-4, 6-8, 10, 12-17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Wasson et. al.'345 (U.S. Patent Publication 20210169345 – previously cited) in view of Ko et. al.'449 (U.S. Patent Publication 20180055449).
Regarding Claim 1, Wasson et. al.’345 discloses a wearable device (Paragraph [0019] - The ring 104 can be worn on a wearer's finger), comprising:
a contact surface configured to interface with a skin of a user (Paragraph [0031] - In some embodiments, only a subset of light sources 204 and photodetectors 202 might have adequate contact with the skin of the user to provide reliable measurements);
a sensor component coupled with the contact surface and configured to measure physiological data from the user based at least in part on interfacing with a skin of the user (Paragraph [0024] - A system can utilize the ring 104 to monitor the oxygen saturation (SpO2), pulse, blood pressure, glucose levels, lipid concentration, carboxyhemoglobin levels, hemoglobin concentration (hematocrit levels), etc. In some embodiments, the ring 104 can monitor pulsatile (arterial) blood oxygenation (“SpO2”) or non-pulsatile (arterial and venous blood, usually called tissue oxygenation or “StO2”). These measurements can largely be taken by measuring the transmission and/or reflection of light through a user's finger. For example the light source 204 can emit light through the finger of a user which can be partially absorbed by the finger and then detected at the photodetector 202; Paragraph [0031] - The system can analyze the data for various combinations and determine which photodetector 202(s) and/or light source 204(s) have adequate contact with the skin); and
a sensor adjustment mechanism coupled with the sensor component and configured to move the sensor component with respect to the contact surface (Paragraph [0038] - The ring 104 in FIG. 4A can be adjustable. In some embodiments, the ring 104 is flexible and adjustable in size. In some embodiments, the connection 404 is an elastic element that pulls the two halves of the ring 104 together).
Wasson et. al.’345 fails to disclose a sensor adjustment mechanism configured to individually move the sensor component closer to or farther from the skin of the user with respect to the contact surface. Ko et. al.’449 teaches a sensor adjustment mechanism configured to move a sensor closer to and farther away from the skin of a user (Paragraph [0123] - The step-difference control portion 600 may include a lifting block 610 and a control instrument 620 for lifting up and down the lifting block 610, wherein the lifting block 610 is coupled to the sensor elastic part 400 and drives the sensor elastic part 400 and the biometric signal sensor 300 up and down). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the sensors of Wasson et. al.’345 to include a sensor component comprising an adjustable height in relation to a contact surface in order to control a level of contact obtained between the user of the device and the sensor as seen in Ko et. al.’449 (Paragraph [0116] - so that the controller 111 can easily measure a suitable contact force for the wearer in measuring the biometric signal).
Regarding Claim 2, Wasson et. al.’345 in view of Ko et. al.’449 discloses the device outlined in Claim 1 above. Wasson et. al.’345 further discloses an outer surface coupled with the sensor adjustment mechanism, wherein the outer surface and the contact surface are each configured to remain stationary when the sensor adjustment mechanism moves the sensor component (Paragraph [0038] - whereby the ring can be tightened to a comfortable fit around the finger. Having a tight and comfortable fit allows the photodetector 202 and light source 204 to have better contact with the skin of the finger. The ring 104 in FIG. 4A can be adjustable. In some embodiments, the ring 104 is flexible and adjustable in size. In some embodiments, the connection 404 is an elastic element that pulls the two halves of the ring 104 together. Other clasping mechanisms are contemplated).
Additionally, Ko et. al.’449 further teaches an outer surface and contact surface that remain stationary when the sensor adjustment mechanism moves the sensor component (Paragraph [0125] - The control instrument 620 may drive the lifting block 610 in a vertical direction. The control adjustment 610 may include, for example, a screw coupled to the lifting block 610 and a rotary lever used by the wearer to rotate the screw. In another example, the screw may be automatically rotated by a rotary motor. In another example, the control instrument 620 may include a linear actuator to lift up and down the lifting block 610). It would have been obvious to one of ordinary skill in the art the time the invention was effectively filed to have modified the device of Wasson et. al.’345 to keep the outer and inner surfaces of the device stationary while the sensor adjustment mechanism controls the depth of the sensor in order to keep a tight fit of the device and radially manipulate the sensor for readings as seen in Ko et. al.’449 (Paragraph [0048] - The main-body elastic part 200 may further include a support member 201 disposed on a lower portion of the main-body elastic part 200. The support member 201 may include any members that make direct contact with the wearer's body part 20 and can improve the wearing sensation).
Regarding Claim 3, Wasson et. al.’345 in view of Ko et. al.’449 discloses the device outlined in Claim 1 above. Wasson et. al.’345 further discloses a second sensor component coupled with the contact surface and configured to measure physiological data from the user based at least in part on interfacing with a skin of the user (Paragraph [0034] - In some embodiments, a first ring 104b can include somewhat standardized light sources 204 and additional ring(s) 104a can include various photodetector(s) 202 or other sensors for various purposes; Paragraph [0074] - collect one or more types of physiological and/or environmental data from one or more sensor(s) and/or external devices and communicate or relay such information to other devices (e.g., host computer or another server), thus permitting the collected data to be viewed, for example, using a web browser or network-based application), wherein the sensor adjustment mechanism is configured to move the second sensor component with respect to the contact surface (Paragraph [0038] - whereby the ring can be tightened to a comfortable fit around the finger. Having a tight and comfortable fit allows the photodetector 202 and light source 204 to have better contact with the skin of the finger. The ring 104 in FIG. 4A can be adjustable).
Wasson et. al.’345 fails to disclose configured to individually move the second sensor component closer to or farther from the skin of the user with respect to the contact surface. Ko et. al.’449 teaches individually moving a sensor closer to and farther away from the skin of a user (Paragraph [0123] - The step-difference control portion 600 may include a lifting block 610 and a control instrument 620 for lifting up and down the lifting block 610, wherein the lifting block 610 is coupled to the sensor elastic part 400 and drives the sensor elastic part 400 and the biometric signal sensor 300 up and down). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the sensors of Wasson et. al.’345 to include a sensor component comprising an adjustable height in relation to a contact surface in order to control a level of contact obtained between the user of the device and the sensor as seen in Ko et. al.’449 (Paragraph [0116] - so that the controller 111 can easily measure a suitable contact force for the wearer in measuring the biometric signal).
Regarding Claim 4, Wasson et. al.’345 in view of Ko et. al.’449 discloses the device outlined in Claim 1 above. Wasson et. al.’345 further discloses a second sensor component coupled with the contact surface and configured to measure physiological data from the user based at least in part on interfacing with a skin of the user (Paragraph [0034] - In some embodiments, a first ring104b can include somewhat standardized light sources 204 and additional ring(s) 104a can include various photodetector(s) 202 or other sensors for various purposes); and
a second sensor adjustment mechanism coupled with the second sensor component and configured to move the second sensor component with respect to the contact surface (Paragraph [0038] - the ring 104 is constructed with a hinge 402 and connection 404 whereby the ring can be tightened to a comfortable fit around the finger).
Wasson et. al.’345 fails to disclose a second sensor adjustment mechanism configured to individually move the second sensor component closer to or farther from the skin of the user with respect to the contact surface. Ko et. al.’449 teaches individually moving a sensor closer to and farther away from the skin of a user (Paragraph [0123] - The step-difference control portion 600 may include a lifting block 610 and a control instrument 620 for lifting up and down the lifting block 610, wherein the lifting block 610 is coupled to the sensor elastic part 400 and drives the sensor elastic part 400 and the biometric signal sensor 300 up and down). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the sensors of Wasson et. al.’345 to include a sensor component comprising an adjustable height in relation to a contact surface in order to control a level of contact obtained between the user of the device and the sensor as seen in Ko et. al.’449 (Paragraph [0116] - so that the controller 111 can easily measure a suitable contact force for the wearer in measuring the biometric signal).
Regarding Claim 6, Wasson et. al.’345 in view of Ko et. al.’449 discloses the device outlined in Claim 1 above but fails to disclose a pressure sensor coupled with the sensor component and configured to measure pressure information associated with the sensor component; and a processor configured to control the sensor adjustment mechanism based at least in part on the pressure information. Ko et. al.’449 teaches a wearable device with a pressure sensor that measures pressure information (Paragraph [0116] - Accordingly, a contact force of the biometric signal sensor 300 can be variously changed, so that the controller 111 can easily measure a suitable contact force for the wearer in measuring the biometric signal); and a processor configured to control the wearable device based on the pressure information (Paragraph [0122] - The step-difference control portion 600 may be manually controlled by the wearer or automatically controlled by the controller 111; Paragraph [0123] - The step-difference control portion 600 may include a lifting block 610 and a control instrument 620 for lifting up and down the lifting block 610, wherein the lifting block 610 is coupled to the sensor elastic part 400 and drives the sensor elastic part 400 and the biometric signal sensor 300 up and down). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Wasson et. al.’345 to include a pressure sensor and a processor used to obtain pressure information in order to better control a contact level between a sensor a user’s skin in order to obtain more accurate readings by ensuring the contact level is where it should be as seen in Ko et. al.’449.
Regarding Claim 7, Wasson et. al.’345 in view of Ko et. al.’449 discloses the device outlined in Claim 1 above. Wasson et. al.’345 further discloses a transceiver configured to communicate quality information associated with the sensor component to a user device, the transceiver configured to communicate the quality information based at least in part on a prompt from the user device, based at least in part on a quality metric of the sensor component satisfying a threshold level, or both (Paragraph [0013] - transmit the biometric information to another device for further analysis, display, or other such usage; Paragraph [0048] - In some embodiments, the system can determine if some threshold is reached and can alert medical personnel. For example, if the heart rate, blood saturation, or glucose measurements are outside of an expected or healthy range).
Regarding Claim 8, Wasson et. al.’345 in view of Ko et. al.’449 discloses the device outlined in Claim 1 above. Wasson et. al.’345 further discloses a flexible connector coupled with the sensor component and coupled with a circuit board that is deposed within the wearable device (Paragraph [0041] - the ring 104 can have a rigid area holding a printed circuit board with a flexible band completing the ring 104; Paragraph [0059] - The ring device can be flexible and malleable. Flexibility of the device can be facilitated by using a flexible printed circuit board).
Regarding Claim 10, Wasson et. al.’345 in view of Ko et. al.’449 discloses the device outlined in Claim 1 above. Wasson et. al.’345 further discloses that the sensor adjustment mechanism is configured to move the sensor component based on rotation of the sensor adjustment mechanism (Paragraph [0038] - the ring 104 is constructed with a hinge 402 and connection 404 whereby the ring can be tightened to a comfortable fit around the finger).
Additionally, Ko et. al.’449 teaches a sensor adjustment mechanism configured to rotate a sensor via a threading motion (Paragraph [0125] - The control instrument 620 may drive the lifting block 610 in a vertical direction. The control adjustment 610 may include, for example, a screw coupled to the lifting block 610 and a rotary lever used by the wearer to rotate the screw. In another example, the screw may be automatically rotated by a rotary motor. In another example, the control instrument 620 may include a linear actuator to lift up and down the lifting block 610). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the sensors of Wasson et. al.’345 to include a sensor component comprising an adjustable height in relation to a contact surface via threading in order to control a level of contact obtained between the user of the device and the sensor as seen in Ko et. al.’449 (Paragraph [0116] - so that the controller 111 can easily measure a suitable contact force for the wearer in measuring the biometric signal).
Regarding Claim 12, Wasson et. al.’345 in view of Ko et. al.’449 discloses the device outlined in Claim 1 above. Wasson et. al.’345 further discloses that the sensor adjustment mechanism is configured to move the sensor component based on translation of the sensor adjustment mechanism relative to an outer surface of the wearable device (Paragraph [0038] - The ring 104 in FIG. 4A can be adjustable. In some embodiments, the ring 104 is flexible and adjustable in size. In some embodiments, the connection 404 is an elastic element that pulls the two halves of the ring 104 together).
Additionally, Ko et. al.’449 teaches moving a sensor away from an outer surface of a device and closer to the skin of a user via a threading motion (Paragraph [0125] - The control instrument 620 may drive the lifting block 610 in a vertical direction. The control adjustment 610 may include, for example, a screw coupled to the lifting block 610 and a rotary lever used by the wearer to rotate the screw. In another example, the screw may be automatically rotated by a rotary motor. In another example, the control instrument 620 may include a linear actuator to lift up and down the lifting block 610). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the sensors of Wasson et. al.’345 to include a sensor component comprising an adjustable height in relation to a contact surface in order to control a level of contact obtained between the user of the device and the sensor as seen in Ko et. al.’449 (Paragraph [0116] - so that the controller 111 can easily measure a suitable contact force for the wearer in measuring the biometric signal).
Regarding Claim 13, Wasson et. al.’345 in view of Ko et. al.’449 discloses the device outlined in Claim 1 above. Wasson et. al.’345 further discloses that the sensor adjustment mechanism is configured to move the sensor component perpendicularly with respect to the contact surface (Paragraph [0038] - the ring 104 is constructed with a hinge 402 and connection 404 whereby the ring can be tightened to a comfortable fit around the finger; see Annotated Figure 4a below). It is noted by the examiner that as the sensor adjustment mechanism is tightened, the sensor component moves closer to the skin of the user which is in a perpendicular direction when in referenced to the contact surface.
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Annotated Figure 4a
Additionally, Ko et. al.’449 teaches moving a sensor in a perpendicular direction with respect to a contact surface (Paragraph [0123] - drives the sensor elastic part 400 and the biometric signal sensor 300 up and down; Paragraph [0124] - The up and down movements of the lifting block 610 may be guided by a lifting guide, without rotary movement). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the sensors of Wasson et. al.’345 to include a sensor component comprising an adjustable height in relation to a contact surface in order to control a level of contact obtained between the user of the device and the sensor as seen in Ko et. al.’449 (Paragraph [0116] - so that the controller 111 can easily measure a suitable contact force for the wearer in measuring the biometric signal).
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Annotated Figure 5
Regarding Claim 14, Wasson et. al.’345 in view of Ko et. al.’449 discloses the device outlined in Claim 1 about. Wasson et. al.’345 further discloses that the sensor adjustment mechanism extends at least partially through the wearable device (Paragraph [0038] - the ring 104 is constructed with a hinge 402; see Annotated Figure 4a below). It is noted by the examiner that a hinge is shown in the device to extend throughout a portion of the wearable device as it does not take up the entire ring area.
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Annotated Figure 4a
Additionally, Ko et. al.’449 teaches a sensor adjustment mechanism that extends into and out from the wearable device (Paragraph [0125] - The control instrument 620 may drive the lifting block 610 in a vertical direction. The control adjustment 610 may include, for example, a screw coupled to the lifting block 610 and a rotary lever used by the wearer to rotate the screw. In another example, the screw may be automatically rotated by a rotary motor. In another example, the control instrument 620 may include a linear actuator to lift up and down the lifting block 610; see Annotated Figure 5 below). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the sensors of Wasson et. al.’345 to include a sensor component comprising an adjustable height in relation to a contact surface in order to control a level of contact obtained between the user of the device and the sensor as seen in Ko et. al.’449 (Paragraph [0116] - so that the controller 111 can easily measure a suitable contact force for the wearer in measuring the biometric signal).
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Annotated Figure 5
Regarding Claim 15, Wasson et. al.’345 in view of Ko et. al.’449 discloses the device outlined in Claim 1 above. Wasson et. al.’345 further discloses the wearable device comprises a wearable ring device (Paragraph [0018] - The ring 104 can collect biometric data and periodically send the data to the portable electronic device 102 for processing, display, and/or retransmission to a networked service).
Regarding Claim 16, Wasson et. al.’345 in view of Ko et. al.’449 discloses the device outlined in Claim 1 above. Wasson et. al.’345 further discloses that the wearable device comprises a wearable wrist device (Paragraph [0050] - In FIG. 6B, a wrist device 602 can relay information from the ring 104 to the portable electronic device 102. For example, the ring 104 can communicate information to the wrist device 602 over a first wireless protocol and the wrist device 602 can communicate the information to the portable electronic device 102 over a second wireless protocol).
Regarding Claim 17, Wasson et. al.’345 in view of Ko et. al.’449 discloses the device outlined in Claim 1 above but fails to disclose an actuator coupled with the sensor adjustment mechanism and configured to actuate the sensor adjustment mechanism. Ko et. al.’449 teaches an adjustment mechanism with a sensor that is coupled with an actuator (Paragraph [0122] - The step-difference control portion 600 may be manually controlled by the wearer or automatically controlled by the controller 111; Paragraph [0123] - The step-difference control portion 600 may include a lifting block 610 and a control instrument 620 for lifting up and down the lifting block 610, wherein the lifting block 610 is coupled to the sensor elastic part 400 and drives the sensor elastic part 400 and the biometric signal sensor 300 up and down). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Wasson et. al.’345 to include a sensor adjustment mechanism that is coupled to an actuator in order to enable automatic fitting capabilities as a way to optimize fitting a wearable device to a user without the need of user intervention as well as providing appropriate sensor positioning as seen in Ko et. al.’449 (Paragraph [0048] - The main-body elastic part 200 may further include a support member 201 disposed on a lower portion of the main-body elastic part 200. The support member 201 may include any members that make direct contact with the wearer's body part 20 and can improve the wearing sensation; Paragraph [0116] - Accordingly, a contact force of the biometric signal sensor 300 can be variously changed, so that the controller 111 can easily measure a suitable contact force for the wearer in measuring the biometric signal).
Regarding Claim 19, Wasson et. al.’345 in view of Ko et. al.’449, and further in view of Moaddeb et. al.'914 discloses the wearable device outlined in Claim 17 above but fails to disclose a processor configured to determine a contact level for the sensor component, wherein the wearable device is configured to operate the actuator based at least in part on the contact level. Moaddeb et. al.'914 teaches using a processor with sensors in order to determine contact levels and implement actuators based on those levels (Paragraph [0075] - The eight piezoelectric discs 522 are each acoustically coupled by the hydrogel such that they are able to be operable when the electrodes 520 are contacting the skin of the user. An adjustable internal surface 406 such as that of the wearable blood pressure control system 400 of FIG. 15 may alternatively be incorporated, and the two or more of the electrodes 520 may be used to measure impedance of the limb tissue, for an automatic inflation of the bladder 416, and automatic fitting optimization). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Wasson et. al.’345 in view of Ko et. al.’449 to include a processor that obtains data from sensors recording contact levels between a user’s skin and a wearable device as an indicator to implement actuators in order to enable automatic fitting capabilities and optimize fitting a wearable device to a user without the need of user intervention as well as providing appropriate sensor positioning as seen in Moaddeb et. al.’914.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Wasson et. al.'345 (U.S. Patent Publication 20210169345 – previously cited) in view of Ko et. al.’449 (U.S. Patent Publication 20180055449), as applied to Claim 1 above, and further in view of Chen et. al.'789 (U.S. Patent Publication 20180132789 – previously cited).
Regarding Claim 5, Wasson et. al.’345 in view of Ko et. al.’449 discloses the device outlined in Claim 1 above but fails to disclose a pressure sensor coupled with the sensor component and configured to measure pressure information associated with the sensor component; and a transceiver configured to communicate the pressure information to a remote device based at least in part on a prompt from the remote device, based at least in part on the pressure information indicating a threshold pressure, or both. Chen et. al.'789 teaches a pressure sensor that measures pressure information and an interface configured to communicate and compare the pressure information to respective thresholds (Paragraph [0047] - the sensor 101 is able to communicate with an outside processor or server for data processing via wired or wireless transmission; Paragraph [0050] - the tightness of the wearable device 100 is adjustable and further comprises a pressure sensor to sense the pressure between the wearable device 100 and the finger 105. If the pressure sensor detects the pressure is higher than a first threshold or lower than a second threshold, the tightness of the wearable device 100 will be adjusted automatically or manually by the user; Paragraph [0066] - a pressure sensor 1295 to sense the pressure between the wearable device 100 and the finger for better pressure control, and one or more extensible interfaces 1296 operable to connect with one or more external functional units for function extension). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Wasson et. al.’345 in view of Ko et. al.’449 to include a pressure sensor and an interface to compare thresholds against pressure information in order to better control the tightness of the device against the user’s finger in addition to obtaining more accurate readings by ensuring the contact level is where it should be as seen in Chen et. al.’789.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wasson et. al.'345 (U.S. Patent Publication 20210169345 – previously cited) in view of Ko et. al.’449 (U.S. Patent Publication 20180055449), as applied to Claim 1 above, and further in view of Von Badinski et. al.'521 (U.S. Patent Publication 20240168521 – previously cited).
Regarding Claim 9, Wasson et. al.’345 in view of Ko et. al.’449 discloses the device outlined in Claim 1 above but fails to disclose a sealing material that at least partially surrounds the sensor component and that at least partially separates the sensor component from an interior wall of the wearable device. Von Badinski et. al.'521 teaches using sealing material to separate a sensor in a wearable device from other factors (Paragraph [0197] - By virtue of the external potting 1214, the internal space 1220 defined by the internal surface 1212a and the external potting 1214 can be hermetically sealed, thereby preventing debris, dust, moisture, or any other unwanted fluids or materials from interacting with the internal components of the WCD 12000). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Wasson et. al.’345 in view of Ko et. al.’449 to include a sealing material applied to the sensor of the wearable device in order to keep unwanted elements such as fluid, moisture, dust, etc, off of the sensor and as a result protecting the appropriate electrical components as seen in Von Badinski et. al.’521.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Wasson et. al.'345 (U.S. Patent Publication 20210169345 – previously cited) in view of Ko et. al.’449 (U.S. Patent Publication 20180055449), as applied to Claim 1 above, and further in view of Ahmed et. al.'985 (U.S. Patent Publication 20160360985 – previously cited).
Regarding Claim 11, Wasson et. al.’345 in view of Ko et. al.’449 discloses the device outlined in Claim 1 above but fails to disclose that the sensor adjustment mechanism is configured to move the sensor component based on depression of the sensor adjustment mechanism. Ahmed et. al.'985 teaches a button-based sensor that relies on being depressed to move a sensor into position (Paragraph [0064] - the button may be disposed and configured such that it may be pressed manually at the discretion of a user to begin storing information or otherwise to mark the start or end of an activity period; Paragraph [0068] - In some embodiments, the wearable system may further be configured such that a button underneath the system may be pressed against the user's wrist, thus triggering the system to begin one or more of collecting data, calculating metrics and communicating the information to a network). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Wasson et. al.’345 in view of Ko et. al.’449 to include a button-based sensor that is activated by depressing the sensor against a user’s skin once a user is ready to collect data and avoid unnecessary data collection as seen in Ahmed et. al.’985.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Wasson et. al.'345 (U.S. Patent Publication 20210169345 – previously cited) in view of Ko et. al.’449 (U.S. Patent Publication 20180055449), as applied to Claim 17 above, and further in view of Moaddeb et. al.'914 (U.S. Patent Publication 20190269914 – previously cited).
Regarding Claim 18, Wasson et. al.’345 in view of Ko et. al.’449, and further in view of Moaddeb et. al.'914 discloses the wearable device outlined in Claim 17 above but fails to disclose a transceiver configured to receive, from a user device, an indication of a contact level for the sensor component, wherein the wearable device is configured to operate the actuator based at least in part on the contact level. Moaddeb et. al.'914 teaches a transceiver that receives indication of contact level based on a sensor and is configured to control an actuator (Paragraph [0040] - The controller 32 may be coupled to a transceiver 34, configured to communicate wirelessly to a cellular phone, smart phone, or other personal communication device, including a chip implanted in a user's body, or carried on a portion of the user's body or clothing. The data monitoring, and data analysis, are thus capable of being performed remotely; Paragraph [0042] - The inflatable cuff 22 may be operated as a sphygmomanometer cuff, configured to determine blood pressure of the user. The transceiver 34 may comprise a wifi antenna. An actuator 36, coupled to the controller 32 is configured to receive signals from the controller 32 to cause the inflatable cuff 22 to expand). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Wasson et. al.’345 in view of Ko et. al.’449 to include a transceiver that receives an indication of contact level obtained from a sensor between a user’s skin and a wearable device in order to control an actuator remotely as a way to enable automatic fitting capabilities and optimize the function of fitting a wearable device to a user based on recorded levels of contact as seen in Moaddeb et. al.’914.
Response to Arguments
Applicant's arguments filed 03 February 2026 have been fully considered and they are not entirely persuasive.
Applicant’s amendments have overcome the prior drawing objections.
Applicant’s amendments have overcome the prior claim interpretations.
Applicant’s amendments have overcome the prior 35 U.S.C. 112b rejections.
Claims 1-19 are rejected under U.S.C. 103 as necessitated by amendments, as discussed in Paragraphs 4-8 above. It is to be noted that Claims 1-4, 7-8, 10, and 12-16 that were once rejected under U.S.C. 102 are now rejected under 35 U.S.C. 103 as necessitated by amendments, as discussed in Paragraph 3 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yen et. al.'508 (U.S. Patent Publication 20220192508) teaches a device with a sensor component comprising an adjustable height in the radial direction in order to control a level of contact obtained between the user of the device and the sensor.
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 SARAH ANN WESTFALL whose telephone number is (571) 272-3845. The examiner can normally be reached Monday-Friday 7:30am-4:30pm EST.
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, Jennifer Robertson can be reached at (571) 272-5001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARAH ANN WESTFALL/Examiner, Art Unit 3791
/ETSUB D BERHANU/Primary Examiner, Art Unit 3791
Prosecution Insights