DETAILED ACTION
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.
Claim(s) 1-3, 5-10, and 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Connor (2018/0042513) in further view of Thorp (5,251,189).
Regarding Claim 1: Connor teaches an annular wearable electronic device (fig. 22), comprising: a plurality of interconnected sensor pods (2205), each of the plurality of sensor pods including one or more biosensors (2206,2209) configured to collect biometric signal data of a user (paragraph [0503]); wherein each sensor pod of the plurality of sensor pods is coupled to at least one adjacent sensor pod (fig. 22) via a coupling arm (2201,2207) such that a circumference of the wearable electronic device is variable (paragraph [0503), but lacks a specific teaching of the coupling arm being a rigid, non-elastic coupling arm.
Thorp teaches a wearable electronic device (fig. 1) including a rigid, non-elastic coupling arm (30) such that a circumference of the wearable electronic device is variable (figs. 3-4).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the apparatus of Connor by having the coupling arm being a rigid, non-elastic coupling arm as disclosed by Thorp in order to allow for better data collection from the apparatus while also keeping the connections between the sensors more secure decreasing the chances of damage to the sensors while in use which in turn decreases the chance of repair or replacement of the components and allowing for a stronger more structurally sound apparatus.
Regarding Claim 2: Connor teaches wherein: each of the sensor pods comprises a longitudinal axis (figs. 13-22); and the longitudinal axes of adjacent sensor pods are generally parallel with a longitudinal axis of a limb of a user wearing the wearable electronic device with the wearable electronic device in a retracted position (figs. 13-22 and 122-123) and generally non-parallel with the longitudinal axis of the limb of the user with the wearable electronic device in an expanded position (figs. 20 and 22 wherein when the flexible members expand that angle of the sensors will change).
Regarding Claim 3: Connor teaches wherein each coupling arm is rotatably coupled to opposite ends of adjacent sensor pods (fig. 22).
Regarding Claim 5: Connor teaches wherein each sensor pod includes a spring (retraction of flexible members (2201,2207) configured to act on a respective coupling arm to bias adjacent sensor pods toward a retracted position (fig. 22).
Regarding Claim 6: Connor teaches wherein the one or more biosensors comprise: (a) one or more electromyography (EMG) electrodes; (b) one or more electrocardiogram electrodes; (c) one or more photodiodes; (d) one or more ultrasound transducers; (e) one or more accelerometers; (f) one or more gyroscopes; (g) one or more infrared sensors; and/or (h) one or more ultrasound sensors (paragraphs [0218] and [0219]).
Regarding Claim 7: Connor teaches a processor (paragraph [0208]) communicatively coupled to the one or more biosensors (paragraph [0208]); a transceiver (paragraph [0301) communicatively coupled to the processor (paragraph [0301]); and a memory storing computing instructions (paragraph [0263]), which when executed by the processor, causes the processor to implement at least one of: (a) collect the biometric signal data of the user and transmit the biometric signal data to a computing device (paragraph [0209]), wherein the computing device is configured to: (1) generate an analysis of the biometric signal data of the user (paragraph [0209]); and/or (2) display the biometric signal data and/or the analysis thereof on a display screen of the computing device; (b) receive an input from a computing device to configure or alter an operation or setting of the wearable electronic device; and/or (c) provide an indication of an operation or status of the wearable electronic device via at least one light emitting diode of a sensor pod of the plurality of sensor pods, but lacks a specific teaching of
Regarding Claim 8: Connor teaches an annular wearable electronic device (fig. 22), comprising: a plurality of interconnected sensor pods (2205), each of the plurality of sensor pods including one or more biosensors (2206,2209) configured to collect biometric signal data of a user (paragraph [0503]); wherein each sensor pod of the plurality of sensor pods is coupled to at least one adjacent sensor pod (fig. 22) via a coupling arm (2201,2207); and each coupling arm is rotatable relative to each corresponding sensor pod (fig. 22 wherein the flexible member expands and rotates while being attached to the users arm) such that a circumference of the wearable electronic device is variable (paragraph [0503]), but lacks a specific teaching of the coupling arm being a rigid, non-elastic coupling arm.
Thorp teaches a wearable electronic device (fig. 1) including a rigid, non-elastic coupling arm (30) such that a circumference of the wearable electronic device is variable (figs. 3-4).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the apparatus of Connor by having the coupling arm being a rigid, non-elastic coupling arm as disclosed by Thorp in order to allow for better data collection from the apparatus while also keeping the connections between the sensors more secure decreasing the chances of damage to the sensors while in use which in turn decreases the chance of repair or replacement of the components and allowing for a stronger more structurally sound apparatus.
Regarding Claim 9: Connor teaches wherein: each of the sensor pods comprises a longitudinal axis (figs. 13-22); and the longitudinal axes of adjacent sensor pods are generally parallel with a longitudinal axis of a limb of a user wearing the wearable electronic device with the wearable electronic device in a retracted position (figs. 13-22 and 122-123) and generally non-parallel with the longitudinal axis of the limb of the user with the wearable electronic device in an expanded position (figs. 20 and 22 wherein when the flexible members expand that angle of the sensors will change).
Regarding Claim 10: Connor teaches wherein each coupling arm is rotatably coupled to opposite ends of adjacent sensor pods (fig. 22).
Regarding Claim 12: Connor teaches wherein each sensor pod includes a spring (retraction of flexible members (2201,2207) configured to act on a respective coupling arm to bias adjacent sensor pods toward a retracted position (fig. 22).
Regarding Claim 13: Connor teaches wherein the one or more biosensors comprise: (a) one or more electromyography (EMG) electrodes; (b) one or more electrocardiogram electrodes; (c) one or more photodiodes; (d) one or more ultrasound transducers; (e) one or more accelerometers; (f) one or more gyroscopes; (g) one or more infrared sensors; and/or (h) one or more ultrasound sensors (paragraphs [0218] and [0219]).
Regarding Claim 14: Connor teaches a processor (paragraph [0208]) communicatively coupled to the one or more biosensors (paragraph [0208]); a transceiver (paragraph [0301]) communicatively coupled to the processor (paragraph [0301]); and a memory (paragraph [0263]) storing computing instructions (paragraph [0263]), which when executed by the processor, causes the processor to implement at least one of: (a) collect the biometric signal data of the user (paragraph [0209]) and transmit the biometric signal data to a computing device (paragraph [0209]), wherein the computing device is configured to: (1) generate an analysis of the biometric signal data of the user (paragraph [0209]); and/or (2) display the biometric signal data and/or the analysis thereof on a display screen of the computing device; (b) receive an input from a computing device to configure or alter an operation or setting of the wearable electronic device; and/or (c) provide an indication of an operation or status of the wearable electronic device via at least one light emitting diode of a sensor pod of the plurality of sensor pods, but lacks a specific teaching of
Claim(s) 15-18 and 20-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Connor (2018/0042513) in further view of Longinotti-buitoni (2014/0070957).
Regarding Claim 15: Connor teaches an annular wearable electronic device (fig. 22), comprising: a plurality of interconnected sensor pods (2205), each sensor pod of the plurality of sensor pods including one or more biosensors (2206,2209) configured to collect biometric signal data of a user (paragraph [0503]) and a plurality of light emitting diodes (paragraph [0219]); wherein the plurality of light emitting diodes of each sensor pod are configured to illuminate in a predetermined pattern (paragraph [0366] and [0423] wherein the lights are activated in a predetermined sequence pattern), but lacks a specific teaching of the pattern indicating a strength of a signal detected by the one or more biosensors of the sensor pod.
Longinotti-Buitoni teaches the pattern indicating a strength of a signal detected by the one or more biosensors of the sensor pod (indicator light 33 can be used for the sensors or preprogramed elements from paragraph [0132] such as the strength of signal as described in paragraph [0275]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the apparatus of Connor by having the pattern indicating a strength of a signal detected by the one or more biosensors of the sensor pod as disclosed by Longinotti-Buitoni in order to allow for better data collection from the apparatus while also keeping the connections between the sensors more secure decreasing the chances of damage to the sensors while in use which in turn decreases the chance of repair or replacement of the components.
Regarding Claim 16: Connor teaches wherein the predetermined pattern comprises one or more of: a predefined set of one or more colors; a predefined set of one or more illumination intensities; and/or a predefined sequence of activating one or more of the plurality of light emitting diodes (paragraphs [0267], [0423]).
Regarding Claim 17: Connor teaches wherein: each of the sensor pods comprises a longitudinal axis (figs. 13-22); and the longitudinal axes of adjacent sensor pods are generally parallel with a longitudinal axis of a limb of a user wearing the wearable electronic device with the wearable electronic device in a retracted position (figs. 13-22 and 122-123) and generally non-parallel with the longitudinal axis of the limb of the user with the wearable electronic device in an expanded position (figs. 20 and 22 wherein when the flexible members expand that angle of the sensors will change).
Regarding Claim 18: Connor teaches wherein each coupling arm is rotatably coupled to opposite ends of adjacent sensor pods (fig. 22).
Regarding Claim 20: Connor teaches wherein each sensor pod includes a spring (retraction of flexible members (2201,2207) configured to act on a respective coupling arm to bias adjacent sensor pods toward a retracted position (fig. 22).
Regarding Claim 21: Connor teaches wherein the one or more biosensors comprise: (a) one or more electromyography (EMG) electrodes; (b) one or more electrocardiogram electrodes; (c) one or more photodiodes; (d) one or more ultrasound transducers; (e) one or more accelerometers; (f) one or more gyroscopes; (g) one or more infrared sensors; and/or (h) one or more ultrasound sensors (paragraphs [0218] and [0219]).
Regarding Claim 22: Connor teaches a processor (paragraph [0208]) communicatively coupled to the one or more biosensors (paragraph [0208]); a transceiver (paragraph [0301]) communicatively coupled to the processor (paragraph [0301]); and a memory (paragraph [0263]) storing computing instructions, which when executed by the processor, causes the processor to implement at least one of: (a) collect the biometric signal data of the user (paragraph [0209]) and transmit the biometric signal data to a computing device (paragraph [0209]), wherein the computing device is configured to: (1) generate an analysis of the biometric signal data of the user (paragraph [0209]); and/or (2) display the biometric signal data and/or the analysis thereof on a display screen of the computing device; (b) receive an input from a computing device to configure or alter an operation or setting of the wearable electronic device; and/or (c) provide an indication of an operation or status of the wearable electronic device via at least one of the plurality of light emitting diode of at least one of the plurality of sensor pods.
Claim(s) 4 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Connor (2018/0042513) in view of Thorp (5,251,189) as applied to the claims above, and further in view of Bailey (2014/0334083).
Regarding Claim 4: Connor lacks a specific teachings of wherein each sensor pod comprises a position sensor to measure a rotational position of the coupling arm relative to the sensor pod.
Bailey teaches wherein each sensor pod comprises a position sensor to measure a rotational position of the coupling arm relative to the sensor pod (paragraphs [0007], [0010], [0022], [0023], [0048], and [0068]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the apparatus of Connor by having wherein each sensor pod comprises a position sensor to measure a rotational position of the coupling arm relative to the sensor pod as disclosed by Bailey in order to allow for better data collection from the apparatus while also keeping the connections between the sensors more secure decreasing the chances of damage to the sensors while in use which in turn decreases the chance of repair or replacement of the components.
Regarding Claim 11: Connor lacks a specific teachings of wherein each sensor pod comprises a position sensor to measure a rotational position of the coupling arm relative to the sensor pod.
Bailey teaches wherein each sensor pod comprises a position sensor to measure a rotational position of the coupling arm relative to the sensor pod (paragraphs [0007], [0010], [0022], [0023], [0048], and [0068]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the apparatus of Connor by having wherein each sensor pod comprises a position sensor to measure a rotational position of the coupling arm relative to the sensor pod as disclosed by Bailey in order to allow for better data collection from the apparatus while also keeping the connections between the sensors more secure decreasing the chances of damage to the sensors while in use which in turn decreases the chance of repair or replacement of the components.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Connor (2018/0042513) in view of Longinotti-buitoni (2014/0070957) as applied to the claims above, and further in view of Bailey (2014/0334083).
Regarding Claim 19: Connor lacks a specific teachings of wherein each sensor pod comprises a position sensor to measure a rotational position of the coupling arm relative to the sensor pod.
Bailey teaches wherein each sensor pod comprises a position sensor to measure a rotational position of the coupling arm relative to the sensor pod (paragraphs [0007], [0010], [0022], [0023], [0048], and [0068]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify the apparatus of Connor by having wherein each sensor pod comprises a position sensor to measure a rotational position of the coupling arm relative to the sensor pod as disclosed by Bailey in order to allow for better data collection from the apparatus while also keeping the connections between the sensors more secure decreasing the chances of damage to the sensors while in use which in turn decreases the chance of repair or replacement of the components.
Response to Arguments
Applicant’s arguments, see page 2 of the response, filed 11/13/2025, with respect to the rejection(s) of claim(s) 1 and 8 under 35 USC 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Thorp (5,251,189).
Applicant’s arguments, see page 2 of the response, filed 11/13/2025, with respect to the rejection(s) of claim(s) 15 under 35 USC 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Longinotti-buitoni (2014/0070957).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. All remaining prior art cited in the PTO-892 is all in reference to wearable electronic devices on the wrist of the user and adjustable while including a display screen.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY MICHAEL HAUGHTON whose telephone number is (571)272-9087. The examiner can normally be reached M-F 9a-5p.
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/ANTHONY M HAUGHTON/Primary Examiner, Art Unit 2841