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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/09/2026 has been entered.
Response to Amendment
This communication is filed in response to the action filed on 03/09/2026.
Claim 1 is currently amended. Claims 1-20 are pending.
Response to Arguments
Applicant’s arguments filed on 03/09/2026 on pages 7-10, under REMARKS with respect to 35
U.S.C. 102 and 103 claim rejections to claims 1-20 have been fully considered and are persuasive. The rejections to the claims have been withdrawn. However, upon further consideration, a new ground of rejection is made in view of US 10,271,587 B2.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 1-11, 16-17, 19-20 are rejected under 35 § U.S.C. 103 as being obvious over GB 2505981 A to BUCKLAND (hereinafter “BUCKLAND”) in view of US 10,271,587 B2 to COBBETT et al. (hereinafter “COBBETT”)
As per claim 1, BUCKLAND discloses a wearable device with an optical identification function (a wearable watch device adapted to monitor users vital signs, user identification and includes various sensors including optical sensors to accomplish those purposes; figs 1, and 11; abstract; page 6, paragraph 3), the wearable device comprising: a case having an accommodating space where inside an organism is accommodated (the device is designed to be worn by the user or the users responsible party if the user is not capable of operating their device due to age or disability/injury the case of the object is adapted to fit around a wrist of a person and enclose the arm within the body of the device; abstract; page 7, paragraphs 2-4; page 13, paragraph 4), the case comprising: an inner casing comprising a main body and a lateral wall (the wearable device depicted in figure 1 includes a main body of the device and the main body includes a lateral wall forming an inner casing which wraps around the subject wrist making contact with area 7 depicted in fig 1; figures 1-2, 9, page 7, paragraphs 2-6; page 8, paragraphs 1-7), the main body being an annular structure to form the accommodating space (the main body is a circular ring of an annular structure to form the space 7 the wrist of the subject is accommodated in said space; figures 1-2, 9, page 21, paragraphs 1-3), the lateral wall being disposed on a lateral side of the main body (component 9 and component 4 as seen in fig 1 of the wearable device comprise lateral wall segments which form a case for insertion of sensor components and electronics casing 3 into the main body; figures 1-2, 9, page 21, paragraphs 1-3, 6; page 22, paragraphs 1-3), the main body having a first installation area, a second installation area and a third installation area (the main body formed by five interconnecting segments comprising installation points for components within casing 3 such as and including a PCB, active radio communications, location tracking transceiver components, ECG, skin and optical contact sensor 6 and thermocouple and once the components were installed within the respective segments the segments themselves would act as installation areas where the electronic components are installed within the band; figures 1-2, 9, page 21, paragraphs 1-3, 6; page 22, paragraphs 1-3); and an outer casing concentrically surrounding the inner casing and abutting against the lateral wall, the outer casing having a first opening (the 5 interconnecting segments form the main body of the device which is adapted to form a slot and act as an outer casing for casing 3 acting as an inner casing to contain electronic components and surrounds the casing substantially concentrically as seen in the figures the watch casing is substantially circular about a center point which define concentrically formed; figures 1-2, 9, page 21, paragraphs 1-3, 6; page 22, paragraphs 1-3); and a detection nodule disposed between the inner casing and the outer casing, the detection nodule comprising: an energy storage unit located on the first installation area(the casing 3 held the electronic components including a skin detection sensor coupled to the optical sensor, these sensors and other electronic components in case 3 are powered by an internal battery which would be installed in one of the five installation areas defined in the connected segments; abstract; fig 20; page 10, paragraph 5; page 21, paragraphs 1-3; CLAIM 1); an information transmission unit located on the second installation area and adapted to transmit identification information (the wearable device includes a transmitter unit adapted to transmit signals about the subject and device information to an external user which would be installed in the second of the five installation areas defined in the connected segments; page 10, paragraphs 2-6); and an optical identification assembly located on the third installation area and electrically connected with the energy storage unit and the information transmission unit (the casing 3 which comprises the battery and the optical sensor/skin contact sensor assembly is connected to the battery and the transmitter unit and would be installed in the third of the five installation areas defined in the connected segments; page 17, paragraphs 4-5; page 21, paragraph 2; page 24, paragraph 1), and being adapted to output an optical detection signal toward the organism through the first opening (the optical sensor skin contact sensor assembly is adapted to be near enough to the users skin to achieve an accurate reading with the subject skin in order to generate reading related to subject vital signs and subject identification; page 21, paragraphs 1-3, 6) and further to receive and transform an optical reflection signal from the organism into the identification information (the device is adapted to have a finger print reader and a touch screen providing both finger based navigation and a finger “pressing” function when the finger is pressed to the finger print reader and this biometric data is used for identification purposes; fig 11; page 13, paragraph 6; page 21, paragraph 5-page 22, paragraph 1; page 24, paragraph 1; claim 1). BUCKLAND fails to disclose the optical identification assembly being physically located within the inner casing but optically exposed through the first opening of the outer casing.
COBBETT discloses the optical identification assembly being physically located within the inner casing but optically exposed through the first opening of the outer casing (module 930 includes sensor 932 which is an optical sensor, module 930 and sensor 932 are configured to be located in order to contact the skin of the user via an opening during wear and the module 930 is secured within the band or apparatus, and as seen in fig 41, casing 931 has a projection 939 on the underside 936, and the sensor 932 is mounted on the end of the projection 939 acting as the opening; abstract; fig 41; column 31, lines 57).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify BUCKLAND to have optical identification assembly being physically located within the inner casing but optically exposed through the first opening of the outer casing of COBBETT reference. The Suggestion/motivation for doing so would have been to provide projection which extends the sensor farther away from the surrounding surfaces of the casing , permitting greater capability for forming continuous contact with the user's body such that the projection extends the sensor farther away from the surrounding surfaces of the casing, permitting greater capability for forming continuous contact with the user's body as suggested by COBBETT column 31 and figure 41. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine COBBETT with BUCKLAND to obtain the invention as specified in claim 1.
As per claim 2, BUCKLAND in view of COBBETT discloses the wearable device of claim 1. Modified BUCKLAND discloses wherein the case further comprises a lateral cover adapted to cover a space formed between the inner casing and the outer casing assembled with each other (the five sections used to form the body of the device said sections formed in possibly either surgical steel, titanium or carbon fiber or other lightweight strong material that can't be easily broken and covered in use with a silicone, plastic or rubber coating or jacket acting as a lateral cover to cover segments 2 and casing 3; fig 1; page 21, paragraphs 1-3, 6).
As per claim 3, BUCKLAND in view of COBBETT discloses the wearable device of claim 1. Modified BUCKLAND discloses wherein the optical identification assembly comprises an optical emitter, an optical receiver, a lens unit and a first sheltering unit, the lens unit is disposed above the optical emitter and the optical receiver and used to constrain a transmission direction of the optical detection signal and the optical reflection signal, the first opening is sealed by the first sheltering unit (an optical sensor for determining vital signs and skin contact would do so by transmitting signals into the skin of the subject and receiving the reflections through a receiver component and would comprise a lens and other components listed and is stated to be sealed using a silicone material to be water proof; page 15, paragraphs 2-3; page 21, paragraph 1-3; page 25, paragraphs 1-3).
As per claim 4, BUCKLAND in view of COBBETT discloses the wearable device of claim 1. Modified BUCKLAND discloses wherein the wearable device further comprises a circuit board disposed on the inner casing and covered by the outer casing, the circuit board has several regions respectively corresponding to the first installation area, the second installation area and the third installation area (the casing 3 is adapted to contain the electronic components and those include a plurality of circuit boards for various components to be installed and act substantially as install areas; fig 1; page 21, paragraphs 1-3, 6; CLAIM 1).
As per claim 5, BUCKLAND in view of COBBETT discloses the wearable device of claim 4. Modified BUCKLAND discloses wherein the detection module is disposed on a surface of the circuit board to face toward one of inside and outside of the case, or is disposed on two opposite surfaces of the circuit board to face toward the inside and the outside of the case (the optical detection sensor is adapted to make contact with the subjects skin and be disposed on the outside of the case built the inside of the main body forming a cuff to be worn on the subjects wrist as seen in fig 1; fig 1; page 21, paragraphs 1-3, 6; CLAIM 1).
As per claim 6, BUCKLAND in view of COBBETT discloses the wearable device of claim 4. Modified BUCKLAND discloses wherein the circuit board is a plurality of hard circuit boards electrically connected with each other via transmission cables, or a plurality of soft circuit boards electrically connected with each other via the transmission cables, or the plurality of hard circuit boards and the plurality of soft circuit boards electrically connected with each other via the transmission cables (the device includes a plurality of circuit boards for the plurality of components provided each connected using wires adapted to transmit various signals to the device; fig 1; page 21, paragraphs 1-3, 6; CLAIM 1).
As per claim 7, BUCKLAND in view of COBBETT discloses the wearable device of claim 6. Modified BUCKLAND discloses wherein the wearable device further comprises a resiliently supporting component disposed under the soft circuit boards (the five segments forming the device body include a segment covering the bottom of casing 3 which contains the circuit board components and would be adapted to include soft circuit boards such as the printed boards described; fig 1; page 8, paragraphs 1-2; page 21, paragraphs 1-3; claim 1).
As per claim 8, BUCKLAND in view of COBBETT discloses the wearable device of claim 1. Modified BUCKLAND discloses wherein the outer casing is made of metallic material, and the outer casing further comprises a second opening corresponding to the information transmission unit (the main body of the device formed by the five interlocking segments is stated to be a metal frame of titanium segments, the transmitter component is connected to said band device formed by the segments; page 7, paragraph 6; page 21, paragraphs 1-2; claim 1).
As per claim 9, BUCKLAND in view of COBBETT discloses the wearable device of claim 8. Modified BUCKLAND discloses wherein the outer casing further comprises a second sheltering unit adapted to seal the second opening (the casing 3 is adapted to have a silicone or similar material covering layer and is adapted to form a waterproof seal; figs 1 and 15; page 15, paragraph 3; page 21, paragraphs 1-2; page 24, paragraph 1).
As per claim 10, BUCKLAND in view of COBBETT discloses the wearable device of claim 1. Modified BUCKLAND discloses wherein a part of the outer casing that corresponds to the information transmission unit is made of non-metallic material (the outer most casing of the device is stated to be a silicone seal layer which is a nonmetallic material; page 24, paragraph 1).
As per claim 11, BUCKLAND in view of COBBETT discloses the wearable device of claim 1. Modified BUCKLAND discloses wherein the detection module further comprises a waterproof unit filled inside a gap between the optical identification assembly and the first opening (the casing 3 is adapted to have a silicone or similar material covering layer and is adapted to form a waterproof seal; figs 1 and 15; page 15, paragraph 3; page 21, paragraphs 1-2; page 24, paragraph 1).
As per claim 16, BUCKLAND in view of COBBETT discloses the wearable device of claim 1. Modified BUCKLAND discloses wherein the wearable device further comprises a touch sensor disposed inside the inner casing and adapted to detect whether the organism is accommodated inside the case (the wearable device includes a skin contact sensor to ensure the subject is in contact with the optical sensor and includes a touch sensor as a touch screen; abstract; page 16, paragraph 1; page 21, paragraph 1-3; claim 1).
As per claim 17, BUCKLAND in view of COBBETT discloses the wearable device of claim 1. Modified BUCKLAND discloses wherein the wearable device further comprises a plurality of touch sensors arranged inside the inner casing along a horizontal direction of the case and adapted to detect a moving direction of the case relative to the organism (the wearable device includes a touch sensor as a touch screen arranged in a horizontal and vertical direction to provide an area for a user interface on the device; abstract; page 16, paragraph 1; page 21, paragraph 1-3; claim 1).
As per claim 19, BUCKLAND in view of COBBETT discloses the wearable device of claim 1. Modified BUCKLAND discloses wherein a first engaging portion is disposed on a lateral side of the outer casing, a second engaging component is disposed on the lateral wall of the inner casing, and the first engaging portion is engaged with an outer edge of the second engaging component to avoid separation (as seen casing 3 is engaged by the 5 segments forming the main body of the wearable device the casing is engaged on both a lateral and outer edge of the main body of the device to ensure a tight fit that when sealed using silicone forms a waterproof device; fig 1; page 21, paragraph 1-3, and 6).
As per claim 20, BUCKLAND in view of COBBETT discloses the wearable device of claim 19. Modified BUCKLAND discloses wherein waterproof material is filled between the first engaging portion and the second engaging component (the casing 3 is adapted to have a silicone or similar material covering layer and is adapted to form a waterproof seal; figs 1 and 15; page 15, paragraph 3; page 21, paragraphs 1-2; page 24, paragraph 1).
Claims 12-15 are rejected under 35 § U.S.C. 103 as being obvious over GB 2505981 A to BUCKLAND (hereinafter “BUCKLAND”) in view of US 10,271,587 B2 to COBBETT et al. (hereinafter “COBBETT”) in view of US 10,739,820 B2 to WANG et al. (hereinafter “WANG”).
As per claim 12, BUCKLAND in view of COBBETT discloses the wearable device of claim 11. Modified BUCKLAND fails to disclose wherein the detection module further comprises a force feedback unit electrically connected with the optical identification assembly and adapted to move the optical identification assembly.
WANG discloses wherein the detection module further comprises a force feedback unit electrically connected with the optical identification assembly and adapted to move the optical identification assembly (the computing device which is a wearable device is adapted to include an accelerometer acting as a force feedback sensor and is connected to the optical sensor component reading vitals; column 5, line 38-column 6 line 34).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to further modify BUCKLAND to have a force feedback unit electrically connected with the optical identification assembly and adapted to move the optical identification assembly of WANG reference. The Suggestion/motivation for doing so would have been to provide the ability to monitor and track position, movement and orientation of the subject wearing the device as suggested by WANG column 5, lines 42-64. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine WANG with modified BUCKLAND to obtain the invention as specified in claim 12.
As per claim 13, BUCKLAND in view of COBBETT in view of WANG discloses the wearable device of claim 12. Modified BUCKLAND further discloses wherein the optical identification assembly is moved by material property of piezoelectric material, elastic material, or magnetic material of the force feedback unit (the device is adapted to form a body using the five metal segments, and since the segments are metallic would-be piezoelectric materials; page 7, paragraph 6; page 21, paragraph 1-3).
As per claim 14, BUCKLAND in view of COBBETT discloses the wearable device of claim 1, wherein the main body of the inner casing comprises a hole, the wearable device further comprises a charging assembly, at least one pin of the charging assembly is inserted into the hole (the body comprised of the 5 interlocking metal segments include a power source within the casing and a charging unit to charge the power source the charging is done via a singular public use charger connected to the power source and in this case is powered by solar power to charge the battery source; figs 1, 19-20; page 28, paragraph 4; claim 40). Modified BUCKLAND fails to disclose a first magnetic component of the charging assembly is matched with a second magnetic component of an external charger to constrain a relative position between the wearable device and the external charger.
WANG discloses a first magnetic component of the charging assembly is matched with a second magnetic component of an external charger to constrain a relative position between the wearable device and the external charger (electromagnetic components are used to produce magnetic interactions such as electromagnets for producing direct-current and/or alternating-current magnetic fields which are used to charge batteries; column 6, lines 35-60).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to further modify BUCKLAND to have a first magnetic component of the charging assembly is matched with a second magnetic component of an external charger to constrain a relative position between the wearable device and the external charger of WANG reference. The Suggestion/motivation for doing so would have been to provide the ability to use electromagnetic components to produce electromagnetic fields for a variety of uses one being to produce currents adapted to charge batteries as suggested by WANG column 6, lines 35-60. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine WANG with modified BUCKLAND to obtain the invention as specified in claim 14.
As per claim 15, BUCKLAND in view of COBBETT discloses the wearable device of claim 1. Modified BUCKLAND fails to disclose wherein the wearable device further comprises a gravity sensor disposed one the main body and adapted to detect acceleration variation of the wearable device.
WANG discloses wherein the wearable device further comprises a gravity sensor disposed one the main body and adapted to detect acceleration variation of the wearable device (the computing device which is a wearable device is adapted to include an accelerometer acting as a force feedback sensor and is connected to the optical sensor component reading vitals; column 5, line 38-column 6 line 34).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to further modify BUCKLAND to have wearable device further comprises a gravity sensor disposed one the main body and adapted to detect acceleration variation of the wearable device of WANG reference. The Suggestion/motivation for doing so would have been to provide the ability to monitor and track position, movement and orientation of the subject wearing the device as suggested by WANG column 5, lines 42-64. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine WANG with modified BUCKLAND to obtain the invention as specified in claim 15.
Claim 18 is rejected under 35 § U.S.C. 103 as being obvious over GB 2505981 A to BUCKLAND (hereinafter “BUCKLAND”) in view of US 10,271,587 B2 to COBBETT et al. (hereinafter “COBBETT”) in view of US 2018/0042513 A1 to CONNOR (hereinafter “CONNOR”).
As per claim 18, BUCKLAND in view of COBBETT discloses the wearable device of claim 1. Modified BUCKLAND fails to disclose wherein an included angle between a first virtual extension line from the optical identification assembly to a center of the case and a second virtual extension line from the information transmission unit to the center is ranged between sixty-five degrees and eighty degrees.
CONNOR discloses wherein an included angle between a first virtual extension line from the optical identification assembly to a center of the case and a second virtual extension line from the information transmission unit to the center is ranged between sixty-five degrees and eighty degrees (the range of angles for light to be reflected back into the optical sensor assembly is user adjustable from a range of 0-360 degrees and in this case a range would be set for 65 to 80 degrees; paragraphs [0203-0204], [0279], [0292], [0300], [0419]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to further modify BUCKLAND to have a second virtual extension line from the information transmission unit to the center is ranged between sixty-five degrees and eighty degrees of CONNOR reference. The Suggestion/motivation for doing so would have been to provide the ability to select the range of light which to allow into the optical sensor as suggested by CONNOR paragraphs [0279], [0419]. Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results. Therefore, it would have been obvious to combine CONNOR with modified BUCKLAND to obtain the invention as specified in claim 18.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVIN JACOB DHOOGE whose telephone number is (571) 270-0999. The examiner can normally be reached 7:30-5:00.
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/Devin Dhooge/
USPTO Patent Examiner
Art Unit 2677
/ANDREW W BEE/Supervisory Patent Examiner, Art Unit 2677