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 .
Claim Objections
Claims 1 and 16 are objected to because of the following informalities:
In Claim 1, “a second surface configured to come into contact with a portion differ from the first portion of the human body” should read “a second surface configured to come into contact with a portion different from the first portion of the human body”.
In Claim 16, “a second surface configured to come into contact with a portion differ from the first portion” should read “a second surface configured to come into contact with a portion different from the first portion”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are 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.
Claim 1 recites “a second surface configured to come into contact with a portion differ from the first portion of the human body in case that the first surface comes into contact with the first portion”. It is unclear if the claim language following the conditional clause “in case” is a required part of the claim or not. For the purposes of substantive examination, the examiner is construing this claim limitation as “a second surface configured to come into contact with a portion differ from the first portion of the human body [[in case]] when that the first surface comes into contact with the first portion”.
Claim 1 recites “in case that the acquired impedance information deviates from the predetermined range, provide a notification related to biometric data measurement”. It is unclear if the claim language following the conditional clause “in case” is a required part of the claim or not. For the purposes of substantive examination, the examiner is construing this claim limitation as “[[in case that]] when the acquired impedance information deviates from the predetermined range, provide a notification related to biometric data measurement”.
Claims 2-14 are rejected by virtue of dependence on Claim 1.
Claim 7 recites “wherein in case that the processor receives at least one piece of information on a user's height, weight, age, and gender, the memory is configured to store the at least one piece of information”. It is unclear if the claim language following the conditional clause “in case” is a required part of the claim or not. For the purposes of substantive examination, the examiner is construing this claim limitation as “wherein [[in case that]] the processor [[receives]] is configured to receive at least one piece of information on a user's height, weight, age, and gender, and the memory is configured to store the at least one piece of information”.
Claim 8 recites “wherein in case that the acquired impedance phase information falls within a first range deviating from the predetermined range, the processor is configured to provide a notification of a measurement error”. It is unclear if the claim language following the conditional clause “in case” is a required part of the claim or not. For the purposes of substantive examination, the examiner is construing this claim limitation as “wherein [[in case that]] when the acquired impedance phase information falls within a first range deviating from the predetermined range, the processor is configured to provide a notification of a measurement error”.
Claim 9 is rejected by virtue of dependence on Claim 8.
Claim 9 recites “wherein in case that the acquired impedance phase information deviates from the predetermined range and falls within a second range different from the first range, the processor is configured to provide a notification for an electrode error”. It is unclear if the claim language following the conditional clause “in case” is a required part of the claim or not. For the purposes of substantive examination, the examiner is construing this claim limitation as “wherein [[in case that]] when the acquired impedance phase information deviates from the predetermined range and falls within a second range different from the first range, the processor is configured to provide a notification for an electrode error”.
Claim 11 recites “wherein the processor is configured to: in case of detecting that the first portion of the human body comes into contact with the first electrode and the second electrode and the second portion of the human body comes into contact with the third electrode and the fourth electrode through the biometric sensor, automatically start biometric data measurement”. It is unclear if the claim language following the conditional clause “in case” is a required part of the claim or not. For the purposes of substantive examination, the examiner is construing this claim limitation as “wherein the processor is configured to: after detecting that the first portion of the human body comes into contact with the first electrode and the second electrode and the second portion of the human body comes into contact with the third electrode and the fourth electrode through the biometric sensor, automatically start biometric data measurement”.
Claim 12 recites “in case of detecting that the second portion of the human body comes into contact with the third electrode and the fourth electrode through the biometric sensor, start biometric data measurement”. It is unclear if the claim language following the conditional clause “in case” is a required part of the claim or not. For the purposes of substantive examination, the examiner is construing this claim limitation as “after detecting that the second portion of the human body comes into contact with the third electrode and the fourth electrode through the biometric sensor, start biometric data measurement”.
Claim 15 recites “in case that the acquired impedance information deviates from the predetermined range, providing a notification related to biometric data measurement”. It is unclear if the claim language following the conditional clause “in case” is a required part of the claim or not. For the purposes of substantive examination, the examiner is construing this claim limitation as “[[in case]] when that the acquired impedance information deviates from the predetermined range, providing a notification related to biometric data measurement”.
Claims 16-20 are rejected by virtue of dependence on Claim 15.
Claim 16 recites “a second surface configured to come into contact with a portion differ from the first portion in case that the first surface comes into contact with the first portion”. It is unclear if the claim language following the conditional clause “in case” is a required part of the claim or not. For the purposes of substantive examination, the examiner is construing this claim limitation as “a second surface configured to come into contact with a portion differ from the first portion [[in case]] when that the first surface comes into contact with the first portion”.
Claim 17 is rejected by virtue of dependence on Claim 16.
Claim 19 recites “providing a notification of a measurement error in case that the acquired impedance phase information falls within a first range deviating from the predetermined range”. It is unclear if the claim language following the conditional clause “in case” is a required part of the claim or not. For the purposes of substantive examination, the examiner is construing this claim limitation as “providing a notification of a measurement error [[in case]] when that the acquired impedance phase information falls within a first range deviating from the predetermined range”.
Claim 20 is rejected by virtue of dependence on Claim 19.
Claim 20 recites “providing a notification for an electrode error in case that the acquired impedance phase information deviates from the predetermined range and falls within a second range different from the first range”. It is unclear if the claim language following the conditional clause “in case” is a required part of the claim or not. For the purposes of substantive examination, the examiner is construing this claim limitation as “providing a notification for an electrode error [[in case]] when that the acquired impedance phase information deviates from the predetermined range and falls within a second range different from the first range”.
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 1, 3-6, 8-13, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cha (US 20200064906 A1, cited in applicant’s IDS, hereinafter Cha) in view of Åberg et al (US 20130131539 A1, hereinafter Åberg) and Park et al (US 20170164834 A1, hereinafter Park).
Regarding Claim 1, Cha discloses a wearable device (Element 10, Figs. 1, 2A and 3A) comprising:
a housing (Element 20, Fig. 2A) comprising a first surface (See the front surface of element 20 in Fig. 2A) configured to come into contact with a first portion of a human body of a user when worn (See Fig. 5A), a second surface (See the rear surface of element 20 in Fig. 3A) configured to come into contact with a portion differ from the first portion of the human body in case that the first surface comes into contact with the first portion (See Fig. 5A), and a lateral surface surrounding at least a portion of a space between the first surface and the second surface (See the lateral sides of Element 20 where elements 30, 35, and 40 connect to main body 20, Fig. 3A);
a biometric sensor (Elements 200-300, Fig. 1) disposed inside the housing (“The main body 20 of the wearable terminal 10 wholly or partially includes a power source unit 100, an electrode unit 200, a detection circuit 300”, [0045]) and comprising a first electrode (Element 220, Fig. 2A) and a second electrode (Element 210, Fig. 2A) exposed through the first surface (See Fig. 2A; “For example, the first electrode 210 and the second electrode 220 are positioned on a front surface of the main body 20”, [0069]) and a third electrode (Element 230) and a fourth electrode (Element 240) exposed through at least one of the second surface (See Fig. 3A; “For example, the third electrode 230 and the fourth electrode 240 are positioned on a rear surface of the main body 20”, [0070]) and the lateral surface (The Examiner notes this is alternative language and does not need to be taught for the claim to be anticipated);
a voltage measurement device (Element 400, Fig. 1) configured to measure a voltage (“the biosignal measurement circuit 400 measures the bioimpedance by applying a current to the user's body through the current electrode, and detecting a voltage through the voltage electrode”, [0051]) at both ends of the first electrode and the fourth electrode caused by a current applied to the human body through the second electrode and the third electrode (“When the wearable terminal operates in the biosignal measurement mode, the first electrode and the third electrode may apply currents to the user's body, the second electrode and the fourth electrode may detect a voltage of a contact site of the body”, [0017]); and
a processor (Element 500, Fig. 1) electrically connected to the biometric sensor (See [0052]),
wherein the processor is configured to:
detect, through the biometric sensor, that the first portion of the human body comes into contact with the first electrode and the second electrode (“when two fingers of a hand on which a device is not worn by a user are in contact with the electrodes 210 and 220, the first electrode 210 and the second electrode 220 are connected through the fingers of the user and form a closed loop circuit with the detection circuit 300, as shown in FIG. 6”, [0073]); and
detect, through the biometric sensor, that a second portion of the human body comes into contact with the third electrode and the fourth electrode (“At least two electrodes of the electrode unit 200 are connected to the detection circuit 300 and form an open loop circuit therewith… When a part of a user's body comes into contact with the at least two electrodes connected to the detection circuit 300 simultaneously, the electrodes are connected through the user's body and form a closed loop circuit”, [0048]).
Cha discloses the claimed invention except for expressly disclosing wherein the processor is configured to:
acquire impedance phase information of the human body based on the current applied to the human body through the second electrode and the third electrode and the voltage measured at the both ends of the first electrode and the fourth electrode;
determine whether the acquired impedance phase information falls within a predetermined range; and
in case that the acquired impedance information deviates from the predetermined range, provide a notification related to biometric data measurement.
However, Åberg, which also discloses a device that measures bioimpedance using electrodes ([0009]), teaches wherein the processor is configured to:
acquire impedance phase information of the human body based on the current applied to the human body through the second electrode and the third electrode and the voltage measured at the both ends of the first electrode and the fourth electrode (Step 1, Fig. 2 using the apparatus of Fig. 1; “The tissue may be skin and the subject may be a human…The data may comprise impedance values of magnitude and phase of a plurality of impedance measurement permutations at a plurality of frequencies”, [0045]); and
determine whether the acquired impedance phase information falls within a predetermined range (Step 2, Fig. 2; “For example, the magnitude values and/or phase angle values may all be required to fall within a specified magnitude range and a specified phase range, respectively, in order for the measurement not to be rejected”, [0049]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the processor steps of Åberg to the device of Cha, for the advantage of using the impedance phase information to determine impedance measurement quality as taught by Åberg ([0021] and [0049]).
Park, which also discloses a device that measures bioimpedance using electrodes ([0082]), teaches in case the acquired bioimpedance information deviates from a predetermined range (“In step 703, the patch determines whether a contact to the human body through an electrode is maintained, e.g., by comparing a resistance measured through the electrode of the patch with a predetermined threshold”, [0098]; therefore a predetermined range of 0-the threshold exists), provide a notification related to biometric data measurement (“When it is determined that the measured resistance deviates from the threshold, the patch determines that a contact failure exists in step 703, and notifies the user that the patch is subjected to a contact failure in step 705”, [0098]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the device of Cha with the notification related to biometric data measurement of Park (that is sent in case that the acquired impedance information deviates from the predetermined range of modified Cha), because this allows the user to adjust the contact of the human body with the electrode and fix any measurement errors, as suggested by Park ([0099]).
Regarding Claim 3, modified Cha discloses the wearable device of claim 1. Modified Cha discloses the claimed invention except for expressly disclosing wherein at least one of the third electrode and the fourth electrode is disposed on an upper surface of the housing. However, Cha does teach that the positions of the electrodes can vary (“The number of electrodes and positions of the electrodes may vary, as necessary”, [0067]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to dispose the third electrode and the fourth electrode of Cha on an upper surface of the housing as a matter of routine optimization, because this makes them accessible via an opposite hand of the user (Yuen, [0082]).
Regarding Claim 4, modified Cha discloses the wearable device of claim 1, further comprising a display (Element 700, Fig. 1), wherein the notification includes a guide for a measurement method provided through the display (“The display unit 700 sequentially displays the screen 920 which shows the body composition measurement mode is entered, the screen 922 which induces the user to contact electrodes with a finger for body composition measurement, the screen 924 which shows a measurement progress, and the screen 926 which shows a measurement result as the body composition measurement is progressing”, [0138]).
Regarding Claim 5, modified Cha discloses the wearable device of claim 1, further comprising a motor, wherein the notification includes vibration generated by using the motor (“The wearable terminal 10 may further include …an oscillating unit for providing tactile information”, [0057]; the Examiner notes that in light of the notification of Park added to the device of Cha in Claim 1, providing the notification via the preexisting structure of Cha would be obvious).
Regarding Claim 6, modified Cha discloses the wearable device of claim 1, further comprising a speaker, wherein the notification includes a voice guide or sound output through the speaker (“The wearable terminal 10 may further include a light for providing visual information, an oscillating unit for providing tactile information, and a speaker for providing auditory information”, [0057]; the Examiner notes that in light of the notification of Park added to the device of Cha in Claim 1, providing the notification via the preexisting structure of Cha would be obvious).
Regarding Claim 8, modified Cha discloses the wearable device of claim 1. Modified Cha discloses the claimed invention except for expressly disclosing wherein in case that the acquired impedance phase information falls within a first range deviating from the predetermined range, the processor is configured to provide a notification of a measurement error. However, Åberg teaches a case that the acquired impedance phase information falls within a first range deviating from the predetermined range (Step 2, Fig. 2; “Examples of parameters that may be used in this part of the algorithm include, but are not limited to… variation, e.g. variance or standard deviation of impedance phase”, [0021]) and Park teaches wherein the processor is configured to provide a notification of a measurement error (“When it is determined that the measured resistance deviates from the threshold, the patch determines that a contact failure exists in step 703, and notifies the user that the patch is subjected to a contact failure in step 705”, [0098]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the device of Cha with the teachings of Åberg and Park, because this allows the user to adjust the contact of the human body with the electrode and fix any measurement errors, as suggested by Park ([0099]).
Regarding Claim 9, modified Cha discloses the wearable device of claim 8. Modified Cha discloses the claimed invention except for expressly disclosing wherein in case that the acquired impedance phase information deviates from the predetermined range and falls within a second range different from the first range, the processor is configured to provide a notification for an electrode error. However, Åberg teaches a case that the acquired impedance phase information deviates from the predetermined range and falls within a second range different from the first range (Step 2, Fig. 2; “Examples of parameters that may be used in this part of the algorithm include, but are not limited to… variation, e.g. variance or standard deviation of impedance phase”, [0021]; a standard deviation is different from a variance) and Park teaches wherein the processor is configured to provide a notification for an electrode error (“When it is determined that the measured resistance deviates from the threshold, the patch determines that a contact failure exists in step 703, and notifies the user that the patch is subjected to a contact failure in step 705”, [0098]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the device of Cha with the teachings of Åberg and Park, because this allows the user to adjust the contact of the human body with the electrode and fix any measurement errors, as suggested by Park ([0099]).
Regarding Claim 10, modified Cha discloses the wearable device of claim 1, wherein the biometric sensor comprises at least one of an electrocardiogram (ECG) sensor and a bioelectrical impedance analysis (BIA) sensor (“When the wearable terminal operates in the biosignal measurement mode, the first electrode and the third electrode may apply currents to the user's body, the second electrode and the fourth electrode may detect a voltage of a contact site of the body, and the control unit may calculate a bioimpedance of the user based on the detected voltage and analyze a body composition of the user based on the bioimpedance”, [0017]), and wherein the processor is configured to store biometric data acquired from the biometric sensor in a memory (“The storing unit 800 stores software, instruction sets, and data for operating the wearable terminal 10”, [0058]).
Regarding Claim 11, modified Cha discloses the wearable device of claim 1, wherein the processor is configured to:
in case of detecting that the first portion of the human body comes into contact with the first electrode and the second electrode (“when two fingers of a hand on which a device is not worn by a user are in contact with the electrodes 210 and 220, the first electrode 210 and the second electrode 220 are connected through the fingers of the user and form a closed loop circuit with the detection circuit 300, as shown in FIG. 6”, [0073]) and the second portion of the human body comes into contact with the third electrode and the fourth electrode through the biometric sensor (“At least two electrodes of the electrode unit 200 are connected to the detection circuit 300 and form an open loop circuit therewith… When a part of a user's body comes into contact with the at least two electrodes connected to the detection circuit 300 simultaneously, the electrodes are connected through the user's body and form a closed loop circuit”, [0048]), automatically start a pre-configured function (“The control unit 500 detects a contact of the user's body by sensing that the closed loop circuit is formed, and controls the wearable terminal 10 to perform a pre-configured function corresponding to the contact of the user's body”, [0073]). Modified Cha discloses the claimed invention except for expressly disclosing wherein the pre-configured function is to automatically start biometric data measurement. However, Cha teaches wherein the processor is configured to: in case of detecting a tap, automatically start biometric data measurement (“When a tap of the user is detected, the control unit 500 controls the wearable terminal 10 to enter a body composition measurement mode”, [0138]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine these two processor functions such that: in case of detecting that the first portion of the human body comes into contact with the first electrode and the second electrode and the second portion of the human body comes into contact with the third electrode and the fourth electrode through the biometric sensor, the processor is configured to automatically start biometric data measurement, because the biometric data measurement mode already requires detecting that the first portion of the human body comes into contact with the first electrode and the second electrode and the second portion of the human body comes into contact with the third electrode and the fourth electrode and this would make the operation more efficient.
Regarding Claim 12, modified Cha discloses the wearable device of claim 1, wherein the processor is configured to:
detect a measurement mode (“When a tap of the user is detected, the control unit 500 controls the wearable terminal 10 to enter a body composition measurement mode”, [0138]);
detect, through the biometric sensor, that the first portion of the human body comes into contact with the first electrode and the second electrode (See Fig. 5A; “the screen 922 which induces the user to contact electrodes with a finger for body composition measurement”, [0138]); and
in case of detecting that the second portion of the human body comes into contact with the third electrode and the fourth electrode through the biometric sensor, start biometric data measurement (“he screen 922 which induces the user to contact electrodes with a finger for body composition measurement, the screen 924 which shows a measurement progress, and the screen 926 which shows a measurement result as the body composition measurement is progressing”, [0138]; in order for the measurement to be started, the second portion of the human body must be in contact with the third electrode and the fourth electrode).
Regarding Claim 13, modified Cha discloses the wearable device of claim 1. Modified Cha discloses the claimed invention except for expressly disclosing wherein in a first section, whether the acquired phase information falls within the predetermined range is determined based on first accuracy, wherein in a second section, whether the acquired phase information falls within the predetermined range is determined based on second accuracy, and wherein the first accuracy and the second accuracy vary based on biometric information acquired from the user. However, Åberg teaches wherein in a first section, whether the acquired phase information falls within the predetermined range is determined based on first accuracy (“If, e.g., the measurement is supposed to be of normal and/or healthy tissue (e.g. as a reference measurement) this part may reject measurements where the values are not in conformity with a measurement of normal and/or healthy tissue, such as measurements of lesions or abnormalities”, [0020]; this means in a first section of healthy skin, the parameters are determined under a first accuracy designed for normal/healthy skin), wherein in a second section, whether the acquired phase information falls within the predetermined range is determined based on second accuracy (“Thus, the evaluation algorithm may comprise a part adapted to determine whether the impedance data has been obtained from acral skin. The phase spectra of measurements of acral skin may have a distinct shape which may motivate a special filter for this type of measurements”, [0020]; this means in a first section of healthy skin, the parameters are determined under a second accuracy designed for acral skin), and wherein the first accuracy and the second accuracy vary (“Which parameters to use, and at which frequencies, may be decided empirically and/or with the help of a computer program to get the most accurate assessment of the impedance measurement”, [0021]) based on biometric information acquired from the user (“The parameters to use for best results may be chosen with the aid of conventional computer programs based on assessed earlier measurements”, [0052]; “The algorithm may take into consideration expected values, e.g. by deleting or adjusting obtained values outside of a predetermined range within which correct impedance values are expected to be”, [0018]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the device of Cha, with the first and second accuracy of Åberg, to get the most accurate assessment of the impedance measurement as taught by Åberg ([0021]).
Regarding Claim 15, Cha discloses an operating method of a wearable device (“Wearable Terminal And Method For Operating Same”, Title), the operating method comprising:
detecting, through a biometric sensor, that a first portion of a user human body comes into contact (“when two fingers of a hand on which a device is not worn by a user are in contact with the electrodes 210 and 220, the first electrode 210 and the second electrode 220 are connected through the fingers of the user and form a closed loop circuit with the detection circuit 300, as shown in FIG. 6”, [0073]) with a first electrode (Element 220, Fig. 2A) and a second electrode (Element 210, Fig. 2A);
detecting, through the biometric sensor, that a second portion of the user human body comes into contact (“At least two electrodes of the electrode unit 200 are connected to the detection circuit 300 and form an open loop circuit therewith… When a part of a user's body comes into contact with the at least two electrodes connected to the detection circuit 300 simultaneously, the electrodes are connected through the user's body and form a closed loop circuit”, [0048]) with a third electrode (Element 230) and a fourth electrode (Element 240).
Cha discloses the claimed invention except for expressly disclosing:
acquiring impedance phase information of the human body by using the first electrode, the second electrode, the third electrode, and the fourth electrode;
determining whether the acquired impedance phase information falls within a predetermined range; and
in case that the acquired impedance information deviates from the predetermined range, providing a notification related to biometric data measurement.
However, Åberg, which also discloses a device that measures bioimpedance using electrodes ([0009]), teaches the operating method comprising:
acquiring impedance phase information of the human body by using the first electrode, the second electrode, the third electrode, and the fourth electrode (Step 1, Fig. 2 using the apparatus of Fig. 1; “The tissue may be skin and the subject may be a human…The data may comprise impedance values of magnitude and phase of a plurality of impedance measurement permutations at a plurality of frequencies”, [0045]);
determining whether the acquired impedance phase information falls within a predetermined range (Step 2, Fig. 2; “For example, the magnitude values and/or phase angle values may all be required to fall within a specified magnitude range and a specified phase range, respectively, in order for the measurement not to be rejected”, [0049]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the steps of Åberg to the method of Cha, for the advantage of using the impedance phase information to determine impedance measurement quality as taught by Åberg ([0021] and [0049]).
Park, which also discloses a device that measures bioimpedance using electrodes ([0082]), teaches in case the acquired bioimpedance information deviates from a predetermined range (“In step 703, the patch determines whether a contact to the human body through an electrode is maintained, e.g., by comparing a resistance measured through the electrode of the patch with a predetermined threshold”, [0098]; therefore a predetermined range of 0-the threshold exists), providing a notification related to biometric data measurement (“When it is determined that the measured resistance deviates from the threshold, the patch determines that a contact failure exists in step 703, and notifies the user that the patch is subjected to a contact failure in step 705”, [0098]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the method of Cha with the notification related to biometric data measurement of Park (that is sent in case that the acquired impedance information deviates from the predetermined range of modified Cha), because this allows the user to adjust the contact of the human body with the electrode and fix any measurement errors, as suggested by Park ([0099]).
Regarding Claim 16, modified Cha discloses the operating method of claim 15, wherein the wearable device comprises a housing (Element 20, Fig. 2A) that comprises a first surface (See the front surface of element 20 in Fig. 2A) configured to come into contact with the first portion when worn (See Fig. 5A), a second surface (See the rear surface of element 20 in Fig. 3A) configured to come into contact with a portion differ from the first portion in case that the first surface comes into contact with the first portion (See Fig. 5A), and a lateral surface surrounding at least a portion of a space between the first surface and the second surface (See the lateral sides of Element 20 where elements 30, 35, and 40 connect to main body 20, Fig. 3A).
Regarding Claim 17, modified Cha discloses the operating method of claim 16, wherein the first electrode and the second electrode are exposed through the first surface (See Fig. 2A; “For example, the first electrode 210 and the second electrode 220 are positioned on a front surface of the main body 20”, [0069]), and the third electrode and the fourth electrode are exposed through the second surface (See Fig. 3A; “For example, the third electrode 230 and the fourth electrode 240 are positioned on a rear surface of the main body 20”, [0070]) and/or the lateral surface (The Examiner notes this is alternative language and does not need to be taught for the claim to be anticipated).
Regarding Claim 18, modified Cha discloses the operating method of claim 15, wherein the wearable device includes a voltage measurement device (Element 400, Fig. 1) configured to measure a voltage at both ends of the first electrode and the fourth electrode caused by a current applied to the human body through the second electrode and the third electrode (“When the wearable terminal operates in the biosignal measurement mode, the first electrode and the third electrode may apply currents to the user's body, the second electrode and the fourth electrode may detect a voltage of a contact site of the body”, [0017]), and wherein the impedance phase information is acquired based on the current applied to the human body through the second electrode and the third electrode and the voltage measured at the both ends of the first electrode and the fourth electrode (“When the wearable terminal operates in the biosignal measurement mode, the first electrode and the third electrode may apply currents to the user's body, the second electrode and the fourth electrode may detect a voltage of a contact site of the body”, [0017]). Modified Cha discloses the claimed invention except for expressly disclosing wherein the impedance information is impedance phase information. However, Åberg teaches wherein the impedance information is impedance phase information (Step 1, Fig. 2 using the apparatus of Fig. 1; “The tissue may be skin and the subject may be a human…The data may comprise impedance values of magnitude and phase of a plurality of impedance measurement permutations at a plurality of frequencies”, [0045]). It would have been obvious to further modify the method of Cha with the teachings of Åberg for the advantage of using the impedance phase information to determine impedance measurement quality as taught by Åberg ([0021] and [0049]).
Regarding Claim 19, modified Cha discloses the operating method of claim 15. Modified Cha discloses the claimed invention except for expressly disclosing the operating method further comprising: providing a notification of a measurement error in case that the acquired impedance phase information falls within a first range deviating from the predetermined range. However, Park teaches providing a notification of a measurement error (“When it is determined that the measured resistance deviates from the threshold, the patch determines that a contact failure exists in step 703, and notifies the user that the patch is subjected to a contact failure in step 705”, [0098]) and Åberg teaches a case that the acquired impedance phase information falls within a first range deviating from the predetermined range (Step 2, Fig. 2; “Examples of parameters that may be used in this part of the algorithm include, but are not limited to… variation, e.g. variance or standard deviation of impedance phase”, [0021]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the method of Cha with the teachings of Åberg and Park, because this allows the user to adjust the contact of the human body with the electrode and fix any measurement errors, as suggested by Park ([0099]).
Regarding Claim 20, modified Cha discloses the operating method of claim 19, further comprising: providing a notification for an electrode error in case that the acquired impedance phase information deviates from the predetermined range and falls within a second range different from the first range. However, Park teaches providing a notification for an electrode error (“When it is determined that the measured resistance deviates from the threshold, the patch determines that a contact failure exists in step 703, and notifies the user that the patch is subjected to a contact failure in step 705”, [0098]) and Åberg teaches case that the acquired impedance phase information deviates from the predetermined range and falls within a second range different from the first range (Step 2, Fig. 2; “Examples of parameters that may be used in this part of the algorithm include, but are not limited to… variation, e.g. variance or standard deviation of impedance phase”, [0021]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the method of Cha with the teachings of Åberg and Park, because this allows the user to adjust the contact of the human body with the electrode and fix any measurement errors, as suggested by Park ([0099]).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Cha in view of Åberg and Park, and further in view of Yuen (US 20190196411 A1, hereinafter Yuen).
Regarding Claim 2, modified Cha discloses the wearable device of claim 1. Modified Cha discloses the claimed invention except for expressly disclosing wherein at least one of the third electrode and the fourth electrode is disposed on the lateral surface of the housing. However, Cha does teach that the positions of the electrodes can vary (“The number of electrodes and positions of the electrodes may vary, as necessary”, [0067]) and Yuen, which also discloses a wearable device (Abstract), teaches wherein at least one electrode is disposed on the lateral surface of the housing (“wherein at least one electrode of the at least two electrodes is exposed on a lateral side of the smartwatch assembly through the outer frame portion of the smartwatch assembly and is accessible via an opposite hand of the user”, [0082]; also see [0035]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to dispose the third electrode and the fourth electrode of Cha on a lateral side of the housing as a matter of routine optimization, because this makes them accessible via an opposite hand of the user (Yuen, [0082]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Cha in view of Åberg and Park, and further in view of Eom et al (US 20160113578 A1, hereinafter Eom).
Regarding Claim 7, modified Cha discloses the wearable device of claim 1, further comprising a memory (Element 800, Fig. 1; [0058]). Modified Cha discloses the claimed invention except for expressly disclosing wherein in case that the processor receives at least one piece of information on a user's height, weight, age, and gender, the memory is configured to store the at least one piece of information. However, Eom, which also discloses a wearable device (“The sensor 110 may detect the bio information of the user. The sensor 110 may be disposed on, for example, on the wrist, chest, and/or ankle of the user. The sensor 110 may detect the bio information through a non-invasive method. For example, the sensor 110 may include a plurality of electrodes in which at least some of the electrodes may contact the user while the user wears the mobile healthcare device 100”, [0048]) teaches wherein in case that the processor receives at least one piece of information on a user's height, weight, age, and gender, the memory is configured to store the at least one piece of information (“The method may further include storing user information including at least one of a height, a gender, and a weight of the user”, [0017]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further add the data and memory of Eom to the device of modified Cha, because all of the claimed elements were known in the prior art before the effective filing date of the claimed invention, and one with ordinary skill in the art could have combined all the claimed elements by known methods, and the result would have been obvious to one of ordinary skill in the art.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Cha in view of Åberg and Park, and further in view of Li et al (US 20210345901 A1, hereinafter Li).
Regarding Claim 14, modified Cha discloses the wearable device of claim 13. Modified Cha discloses the claimed invention except for expressly disclosing wherein the impedance phase information is acquired during a first time in the first section, wherein the impedance phase information is acquired during a second time in the second section, and wherein the second time varies based on the first accuracy. However, Li, which also discloses a biometric sensor comprising a first electrode and a second electrode (See Abstract), teaches the impedance phase information is acquired during a first time (“a skin impedance measurement unit for measuring electrical signals from the measurement point to obtain the skin impedance”, [0016]) in the first section, wherein the impedance phase information is acquired during a second time in the second section, and wherein the second time varies based on the first accuracy (“for abnormal situations, correcting the results by adjusting the magnitudes and/or the time durations of the subsequent forward and reverse DC voltages… remeasuring the impedances to check if the measurement accuracy is improved”, [0016]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the device of Cha with the teachings of Li (wherein the impedance phase information of modified Cha is acquired during a first time of Li in the first section of modified Cha, wherein the impedance phase information of modified Cha is acquired during a second time of Li in the second section of modified Cha, and wherein the second time varies based on the first accuracy as taught by Li), because this is a way to improve measurement accuracy, as taught by Li ([0016]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
See Mortara (US 9113805 B2), Claim 21, which is relevant to Claims 9 and 20.
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/JONATHAN E. COOPER/Examiner, Art Unit 3791 /ALEX M VALVIS/Supervisory Patent Examiner, Art Unit 3791