DETAILED ACTION
Response to Arguments
Applicant’s arguments, see pg. 1, filed 8/12/205, with respect to the specification objection and the 112(b) rejections have been fully considered and are persuasive. The specification objection and the 112(b) rejections of 5/12/2025 has been withdrawn.
Applicant's arguments filed 8/12/205 in regards to the 103 rejection of claims 1-11 and 13-16 have been fully considered but they are not persuasive. Applicant has only filed an acknowledgement of the amended claims as their arguments against the 103 rejections, simply stating that the claims as amended read over the prior art. The Examiner disagrees. As can be seen by the updated 103 rejections below, Min and Daube still are relied upon to teach the new limitations. In summary, Min discloses communication with an external unit, continuous signal acquisition, and RF transceiver and control button proximity. Daube discloses avoiding contact with the skin of the finger and no onboard data processing. Please note: many of the amendments made qualify as new matter and have been rejected under 112(a) below.
Claim Objections
Claims 2 and 16 are objected to because of the following informalities:
For claim 2, line 3 should read “and wherein said outer sheel is non-functional, decoratively distinct,…”.
For claim 16, claim 16 does not end in a period.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-11 and 13-16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The rejections of these claims are as follows:
Claim 1 - "wherein said flat plateau avoids direct contact with a user's skin" - Applicant has disclosed the opposite case in a number of sections throughout the specification including but not limited to Fig. 5, [005], [009], [016], and [038].
Claim 1 - "provides a structurally shielded region optimized for biological signal acquisition" - While the flat plateau may provide some shielding (although from what it is unclear), the flat plateau is not disclosed to provide a shielded region optimized for biological signal acquisition.
Claim 1 - "wherein said outer shell is entirely non-electronic and decoratively distinct from said main body portion" - While the applicant has disclosure that the outer shell is decorative, the applicant has not previously disclosed that the "outer shell is entirely non-electronic." This is contrary to the applicant's own spec [008].
Claim 2 - "wherein said shell is non-functional, decoratively distinct, and does not house or interact with electronic components" - While the applicant has disclosed that the outer shell is decoratively distinct, the applicant has taught the opposite of this limitation in [008] stating that the outer shell includes RF components and other electronics.
Claim 8 - "that continuous biometric data is provided in real-time" - Paragraph [016] states that data transmission is continuous, but does not explicitly disclose that data transmission is in real-time.
Claim 10 - "configured to operate in combination with a compact, cavity-less wearable device assembled using power-optimized architecture" - Paragraphs [011] and [018] discuss a power management integrated circuit as some of the possible electronic components, but nowhere is it discussed that this circuit is programmed for power-optimization.
Claim 11 - It is unclear, based on the applicant's specification, how the structural alignment of the RF transceiver and control button enable gesture-triggered transmission. Gesture-triggered activation appears in [045] and [051], but it is not clear from the applicant's spec how the RF transceiver's alignment enables gesture-triggered transmission.
Claim 14 - "triggered automatically based on detected biometric thresholds or preconfigured behavioral rules" - Paragraph [046] says that baselines can be established for a user, but there is no mention of recommendations triggered by threshold or behavioral rules.
Claims not detailed above have been rejected for being dependent upon a properly rejected base claim.
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 1-16 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. The reasons for rejection are as follows:
Claim 1 - "provides a structurally shielded region optimized for biological signal acquisition" - Without disclosure of this function in the specification, it is unclear what part of the flat plateau structure provides a shield, and what is being shielded to enhance signal acquisition.
Claim 5 - Claim 5 states that "the electronics are glued to the outer part of the ring". With the overmolding process, the outer shell becomes the outer part of the ring. This flies in the face of claim 1 which stated that the outer shell "is entirely non-electronic".
Claims 6, 7, 13, 14 - Regarding claims 6, 7, 13, and 14, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 7 - The metes and bounds of the limitation "including but not limited to physiological patterns and behavioral context" is indefinite because the alternatives to these options are not clearly claimed or excluded.
Claim 12 recites the limitation "said control button" in line 24. There is insufficient antecedent basis for this limitation in the claim.
Claims not detailed above have been rejected for being dependent upon a properly rejected base claim.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-8, 11, and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2021/0037932 to Min et al (hereinafter “Min”) in view of US Patent Application Publication 2021/0173451 to Daube et al (hereinafter “Daube”).
In regards to claim 1, Min discloses a wearable, wellness-tracking ring comprising:
a main body portion (Element 110) made of a nonconductive rigid material ([0051]) wherein said main body portion has an outer surface, said outer surface (element 110b) being circular in shape and wherein said outer surface of said main body portion contains a central groove ([0049]) created by a first circular flange and a second circular flange (see annotated Fig. 2 below), surrounding a perimeter of said outer surface of said main body portion;
an inner surface (Element 110a) of said main body portion opposing said outer surface wherein an aperture is created therethrough through which a finger of a user can fit therebetween ([0046]) and
further comprising one or more housed electronic components that are programmed and protected thereunder to capture and communicate data from said user ([0049])
a removable decorative, circular external outer shell affixable and detachable in said groove of said outer surface said removable decorative, circular external outer shell having no cavities or grooves thereon thereby providing a smooth appearance (Element 151); and wherein said outer shell is entirely non-electronic and decoratively distinct from said main body portion (Fig. 2, 151, [0062]); and a wherein said control button on said outer surface that is accessible to said user while said user's finger is placed through said aperture and said flat plateau is contacting skin on said user's finger and said button is reachable by said user, and wherein said wearable wellness-tracking ring is configured to communicate via software with an external device. (Elements 153 and 183, [0020] [0062] and [0102])
However, Min does not disclose that:
The main body portion is without a cavity of a fixed size
Wherein the finger aperature is only partially circular in shape
And a raised portion on the inner surface that houses electronics and allows for access to the control button with a finger is placed in the ring; wherein said flat plateau avoids direct contact with a user's skin and provides a structurally shielded region optimized for biometric signal acquisition
Daube discloses a wearable, wellness tracking ring comprising:
a main body portion without a cavity of a fixed size (Element 104, Fig. 1 clearly shows there is no cavity on the main body)
an inner surface (104) of said main body portion opposing said outer surface wherein an aperture is created therethrough that is only partially circular in shape through which a finger of a user can fit therebetween (Fig. 1, Element 106, Claim 11) and
wherein said inner surface further comprises a raised portion (Element 106/107) that creates a non-circular profile for said aperture wherein said raised portion creates a flat plateau-with smooth edges that is covered by a protective top and is made of a same material as said inner surface and containing no contact sensors (See Annotated Fig. 2 below) wherein said protective top covers one or more housed electronic components that are programmed and protected thereunder to capture and communicate data from said user ([0023]) wherein said flat portion, when worn, is situated near the bottom of said user's finger proximate said user's palm so that said control button (116) is oriented toward the thumb of said user for easy access while worn (Fig. 1, [0022] [0023]); wherein said flat plateau avoids direct contact with a user's skin and provides a structurally shielded region optimized for biometric signal acquisition (Fig. 2, Element 114, pins contact user’s skin first)
It would have been obvious before the effective filing date of the claimed invention to modify Min to include a main body without a cavity and a raised portion that changes the finger aperture to be non-circular and to house electronic elements such as that taught by Daube as doing so creates a pressure-fit between the finger and the ring leading to an increased ability to accurately track a user’s health data and to centralize the electronics on the ring.
PNG
media_image1.png
666
526
media_image1.png
Greyscale
PNG
media_image2.png
334
698
media_image2.png
Greyscale
In regards to claim 8, Min discloses a method of collecting personal heath data of a user comprising the steps of:
acquiring a wearable, wellness-tracking ring, said ring further comprising: a main body portion (Element 110) of a fixed size made of a nonconductive rigid material ([0051] wherein said main body portion has an outer surface (Element 110b), said outer surface being circular in shape and wherein said outer surface of said main body portion contains a central groove created by a first circular flange and a second circular flange, surrounding a perimeter of said outer surface of said main body portion on either side of said outer surface ([0049], See Annotated Fig. 2 above); an inner surface (Element 110a) of said main body portion opposing said outer surface wherein an aperture is created therethrough through which a finger of a user can fit therebetween ([0046]) and
wherein said inner surface further comprises one or more housed electronic components that are programmed and protected thereunder to capture and communicate data from said user ([0049])
a removable decorative, circular external outer shell (Element 151) affixable and detachable in said groove of said outer surface said removable decorative, circular external outer shell having no cavities or grooves thereon thereby providing a smooth appearance (see Fig. 1); and wherein said control button (Element 152 and 183) on said outer surface that is accessible to said user while said user's finger is placed through said aperture and said flat plateau is contacting skin on said user's finger and said button is reachable by said user ([0062] [0102]); inserting a user's finger into said aperture ([0046]); pairing said ring to said user's personal external computing device (Fig. 13, [0092] [0099] [0103]); wearing said ring continuously such that continuous biometric data is transmitted to said external computing device ([0042]); and collecting said continuous data into said external computing device for use by said user ([0042])
However, Min does not disclose:
Wherein the finger aperature is only partially circular in shape
And a raised portion on the inner surface that houses electronics and allows for access to the control button with a finger is placed in the ring
Wherein continuous biometric data is transmitted in real time to said external computing device, without on board data processing or computation
Daube discloses a wearable, wellness tracking ring comprising:
an inner surface (104) of said main body portion opposing said outer surface wherein an aperture is created therethrough that is only partially circular in shape through which a finger of a user can fit therebetween (Fig. 1, Element 106, Claim 11) and
wherein said inner surface further comprises a raised portion (Element 106/107) that creates a non-circular profile for said aperture wherein said raised portion creates a flat plateau-with smooth edges that is covered by a protective top and is made of a same material as said inner surface and containing no contact sensors (See Annotated Fig. 2 below) wherein said protective top covers one or more housed electronic components that are programmed and protected thereunder to capture and communicate data from said user ([0023]) wherein said flat portion, when worn, is situated near the bottom of said user's finger proximate said user's palm so that said control button (116) is oriented toward the thumb of said user for easy access while worn (Fig. 1, [0022] [0023]);
Wherein continuous biometric data is transmitted in real time to said external computing device, without on board data processing or computation (microcontroller 128 does not perform data analysis)
It would have been obvious before the effective filing date of the claimed invention to modify Min to include a raised portion that changes the finger aperture to be non-circular and to house electronic elements such as that taught by Daube as doing so creates a pressure-fit between the finger and the ring leading to an increased ability to accurately track a user’s health data and to centralize the electronics on the ring.
It would have been obvious before the effective filing date of the claimed invention to modify Min to include that continuous biometric data is transmitted in real time to said external computing device, without on board data processing or computation, such as that taught by Daube as doing so would allow for fewer electronic components on the ring, and thus, the ring would feel more like a typical, non-electric ring.
In regards to claim 3, Min further discloses that said one or more electronic components are taken from the following: rigid-flex printed circuit board (PCB), comprising a plurality of biometric sensors configured for continuous, simultaneous acquisition ([0092]), one or more of an infrared, red and green heart photoplethysmography sensor, an multi- axis accelerometer, a temperature sensor, electrodermal activity sensor (EDA), vibration motor, a mechanical button, flash memory, an RF Transceiver IC which has near field communication capability, power management integrated circuit, a curved rechargeable battery and contact pins or wireless charging technology for charging ([0049] [0065])
In regards to claim 4, Min further discloses that an RF transceiver IC with near field communication capability is situated on said main body portion in immediate proximity to said control button to facilitate intentional near-field activation and minimize signal loss (Fig. 2, [0100], Element 181 and 183).
In regards to claim 5, Min further discloses that electronic components are assembled as follows: button, made of polymer and removable, decorative, circular external outer shell, made of polymer are assembled with an over-molding process thereby creating an outer part of the ring that has no cavity; electronics are glued to the outer part of the ring, i.e., the outer shell and button with automatic tooling; liquid polymer is injected into a mold that contains the outer part and the electronics to create the inner part that is in contact with the finger to form a single indivisible part, wherein the overmolding process produces a unified, cavity-less internal structure that enhances water resistance and long-term durability, wherein the mold forms a cavity for the inner part of the ring to embody the electronic glued on the outer-shell part (The Examiner is interpreting this limitation as a product-by-process claim defined in MPEP 2113. Min discloses the power button Element 180 and control circuitry 170 are contained between the main body and the outer shell. Based on In re Marosi, once the examiner provides a rationale tending to show that the claimed product appears to be the same or similar to that of the prior art, although produced by a different process, the burden shifts to applicant to come forward with evidence establishing an nonobvious difference between the claimed product and the prior art product.)
In regards to claims 6 and 13, Min further discloses that said data that is collected is communicated to a device, such as a cellphone, a tablet, a personal computer, a cloud provider or an AI assistant and performs no execution software function (Fig. 13, [0099]). However, Min does not disclose that no signal processing, analysis, or computation is performed onboard the ring, with all biometric data transmitted in raw or minimally processed form to said external device. However, Daube discloses a wellness ring wherein no signal processing, analysis, or computation is performed onboard the ring, with all biometric data transmitted in raw or minimally processed form to said external device (microcontroller 128 does not perform data analysis). It would have been obvious before the effective filing date of the claimed invention to modify Min to include that continuous biometric data is transmitted in real time to said external computing device, without on board data processing or computation, such as that taught by Daube as doing so would allow for fewer electronic components on the ring, and thus, the ring would feel more like a typical, non-electric ring.
In regards to claims 7, Min further discloses that software is installed in said cellphone, tablet, personal computer, cloud provider or Al assistant such that said software can utilize said collected and communicated data, including but not limited to physiological patterns and behavioral context ([0092]) to provide feedback to said user wherein said feedback includes one or more of the elements taken from the following: making action recommendations; provide alerts such as alarms, reminders or alerting said user when said ring has traveled too far from said cell phone, tablet, personal computer, cloud provider or AI assistant ([0092] [0103])
In regards to claim 11, Min further discloses that an RF transceiver IC with near field communication capability is structurally aligned with a user-accessible control button to enable gesture-triggered transmission, situated on said main body portion proximate said control button ([0094])
In regards to claim 14, Min further discloses that herein software is installed in said cellphone, tablet, personal computer or AI assistant such that said software can utilize said collected and communicated data to provide feedback to said user wherein said feedback includes one or more of the elements triggered automatically based on detected biometric thresholds or preconfigured behavioral rules, including: making action recommendations; provide alerts such as alarms, reminders or alerting said user when said ring has traveled too far from said cell phone, tablet, personal computer or AI assistant ([0092] [0094] [0103])
In regards to claim 15, Min further discloses that said control button is utilized as an emergency signaler, configured to initiate predefined alert protocols upon user input, even while computational logic resides externally to said cell phone, tablet, personal computer or AI assistant ([0091])
In regards to claim 16, Min further discloses that said ring and associated software are programmed to induce sleep, give indications, interact with the user and evoke relaxation through biometric-linked paced breathing and synchronized haptic feedback sequences ([0091])
Claim(s) 2 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Min and Daube in view of US Patent Application Publication 2012/0083710 to Yarden (hereinafter “Yarden”). Min discloses that the outer shell is entirely non-electronic and decoratively distinct from said main body portion (Fig. 2, Element 151, [0062]). Additionally, Min said one or more electronic components are taken from the following and are configured to operate in combination within a compact wearable device assembled using power-optimized architecture: rigid-flex printed circuit board (PCB), the rigid-flex printed circuit board (PCB) comprising one or more of an infrared, red and green heart photoplethysmography sensor, an multi-axis accelerometer, a temperature sensor, electrodermal activity sensor (EDA), vibration motor, a mechanical button, flash memory, an RF Transceiver IC which has near field communication capability, power management integrated circuit, a curved rechargeable battery and contact pins or wireless charging technology for charging ([0049] [0062] [0097]). However, Min and Daube do not disclose that said main body portion and said outer shell are manufactured using an over-molding process that forms a unified, cavity-less structure to protect embedded electronics and enhance durability with power optimized architecture. However, Yarden discloses a finger-worn patient data sensing apparatus wherein the finger-worn parts are manufactured using an over-molding process ([0119]). It would have been obvious to modify Min and Daube to include the over-molding process such as that taught by Yarden as doing so locks the main body portion and the outer shell together as suggested by Yarden in [0119].
Allowable Subject Matter
Claim 12 is allowed over the prior art, but still subject to a 112(b) rejection as detailed above.
The following is an examiner’s statement of reasons for allowance: Min, Daube, and Yarden do not disclose wherein electronic components are assembled as follows: the button, made of polymer and outer shell, made of polymer are assembled with an over-molding process thereby creating an outer part of the ring that has no cavity; electronics are glued to the outer part of the ring, liquid polymer is injected into a mold that contains the outer part and the electronics to create the inner part that is in contact with the finger to form a single indivisible part, wherein said overmolding process results in a unified core devoid of internal cavities that houses and seals said electronic components, wherein the mold forms a cavity for the inner part of the ring to embody the electronic glued on the outer-shell part..
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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 MICHAEL JAMES CAREY whose telephone number is (571)270-7235. The examiner can normally be reached Monday-Friday (8am-5pm).
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, Jonathan Moffat can be reached at 571-272-4390. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795