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 .
Response to Amendment
The amendment filed 11/10/2025 has been entered. Claims 1-8, 10, and 19-21 remain pending in the application. Applicant’s amendments to the Claims have overcome each and every objection of claims 1 -10 and 19-21 previously set forth in the Non-Final Office Action mailed 11/10/2025.
Claim Objections
Claim 19 is objected to because of the following informalities:
In claim 19, “a first pair of PPG sensors” should read “a first pair of photoplethysmogram (PPG) sensors”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation 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 1-8, 10, and 19-21 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, 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 pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “determining that the condition quality metric indicates the relative signal quality of the physiological data collected throughout the time interval is above a threshold signal quality metric value based at least in part on determining the condition quality metric” while claim 19 recites the corresponding “determine” limitation. The specification does not provide any written description for this recitation. There is no recitation of “the relative signal quality of the physiological data …” being “above” the “threshold signal quality metric value” for all types of the physiological data. Rather, the specification discloses: “For example, rather than measuring PPG constantly, a wearable device may use physiological data of the user to detect moments that may result in PPG data that meets (e.g., satisfies, exceeds) a quality threshold.” [0018]. The specification discloses that “the wearable device may detect a PPG moment based on reaching the end of the interval (e.g., after X minutes have elapsed) and based on one or more physiological conditions meeting a quality threshold. For example, every X minutes (e.g., in accordance with the interval) the wearable device may determine if one or more physiological conditions meet a quality threshold." [0109] and that “the system 200 may calculate a CQI metric and may determine that the CQI metric satisfies a threshold metric value based on the average motion being less than or equal to a motion threshold and the average temperature being greater than or equal to a temperature threshold." [0124]. As a result, the written description fails to establish with reasonable clarity to those skilled in the art that the applicant was in possession of the invention, as of the filing date sought (Vas-Cath, Inc. v. Mahurkar, 935 F.2d 1555, 1563-64, 19 USPQ2d 1111, 1117 (Fed. Cir. 1991); MPEP 2163.02).
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 1-8, 10, and 19-21 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 pre-AIA the applicant regards as the invention.
Claim 1 recites the "via a wearable ring device” in line 5. The relationship between this device and the wearable ring device” in line 3 is unclear. For examination purposes, Examiner of record takes this to be “via the wearable ring device”.
Claim 19 recites the "receive, via a transceiver of a user device and from a wearable ring device, physiological data associated with the user, the physiological data comprising motion data and temperature data collected throughout a time interval via the wearable ring device associated with the user” on page 6 in lines 13-16. The relationship between the “wearable ring device” and the “wearable ring device” in line 1 is unclear. For examination purposes, Examiner of record takes this to be “transmit to a transceiver of a user device and from the wearable ring device…” because the wearable ring device collects the physiological data and then sends the collected data via a transceiver of a user device rather than receives the physiological data via a transceiver of a user device. Additionally, it is unclear how the physiological data comprising motion data and temperature data can be collected by the wearable ring device because the only recited sensors are the “PPG sensors.” For examination purposes, Examiner of record assumes that the wearable ring device comprises one or more temperature sensors and one or more motion sensors.
Claims dependent upon the rejected claims above, but not directly addressed, are also rejected because they inherit the indefiniteness of the claim(s) they respectively depend upon.
Claim Rejections - 35 USC § 103
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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3, 5-7, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Weekly et al (US 20170311825), hereinafter Weekly, in view of Watson et al (US 20170095215), hereinafter Watson, and von Badinski et al (US 10139859), hereinafter von Badinski.
Regarding claim 1, Weekly teaches a method for measuring heart rate for a user (Figs. 1A, 3, 4B) (“the methods may further comprise obtaining motion data from a motion sensor that is proximate to the first light sources and the second light sources” [0050]) comprising:
receiving, via a transceiver (518) of a user device (500) (“a host computer 500” [0049]; a transceiver of the “client device” [0090]; “Computer system 500 also includes a communication interface 518 coupled to bus 502. Communication interface 518 provides a two-way data communication” [0124]; Fig. 5) and from a wearable device (100) (“For purposes of illustrating a clear example, FIG. 1A and other aspects of this disclosure describe a monitoring device that is configured for wearing on the wrist, but other embodiments may be implemented using monitoring devices that are wearable in other anatomical locations such as … fingertips, … (such that light sources of the monitoring devices are configured to be aligned adjacent to blood vessels of a human” [0040]; Fig. 1A; “FIG. 2 illustrates a schematic perspective view of a monitoring device in one embodiment. As an example, FIG. 2 has the arrangement of light sources and detector of FIG. 1B. In this embodiment, monitoring device 100 comprises a wrist band in which light sources 102 and detector 106 are mounted on or within an underside of monitoring device 100.” [0054]; Fig. 2), physiological data associated with the user, the physiological data comprising motion data (“I/O devices 120 may include, for example, motion sensors,… Determining that the user is exercising may occur, for example, using input from an accelerometer that forms part of the apparatus of FIG. 1A, FIG. 1B, FIG. 2,… the methods may further comprise obtaining motion data from a motion sensor that is proximate to the first light sources and the second light sources” [0050]) and temperature data (“Additionally or alternatively, the process of FIG. 3, FIG. 4A, FIG. 4B may receive input from biometric sensors or environmental sensors indicating an ambient temperature or a skin temperature of the wearer of the activity monitoring apparatus. Based on changes in temperature values received from these sensors, the process may energize or de-energize different pairs of light sources.” [0112]) collected throughout a time interval via a wearable device (100) associated with the user (“a monitoring device 100 comprises one or more light sources 102 (e.g., one or more pairs of light sources 102), one or more additional light sources 104 (e.g., one or more pairs of additional light sources 104), and one or more detectors 106.” [0048]; Figs. 1A, 2), wherein the wearable ring device comprises:
a ring-shaped housing (Figs. 1A and 2) having an inner curved surface and an outer curved surface (Figs. 1A and 2), wherein at least a portion of the inner curved surface is configured to contact a tissue of the user (“FIG. 1A and other aspects of this disclosure describe a monitoring device that is configured for wearing on the wrist, …such that light sources of the monitoring devices are configured to be aligned adjacent to blood vessels of a human” [0040]);
a first pair of photoplethysmogram (PPG) sensors (102) (106) (G1, G2, and the detector) including at least a first light-emitting component configured to emit light within a first wavelength range through the inner curved surface of the ring-shaped housing into the tissue of the user (“first PPG signals obtained from first light sources using a first light wavelength, and second PPG signals obtained from second light sources using a second light wavelength, can be used to identify motion and cardiac components of the PPG signals…In these embodiments the first PPG signals could be any wavelength that has been determined or known to have a relatively greater cardiac component, and the second PPG signals could be any wavelength that has been determined or known to have a relatively greater motion component. In one embodiment, the first PPG signals are obtained from a green light source and the second PPG signals are obtained from a red or infrared light source.” [0041]; “the light sources 102 comprise a first pair of light sources G1, R1 and a second pair of light sources G2, R2. Each pair may comprise a first light source associated with a first light wavelength and a second light source associated with a second, different wavelength. For example, G1, G2 may comprise light sources that use the same first wavelength, and R1, R2 may use a second, different wavelength.” [0052]; Fig. 1B); and
a second pair of PPG sensors (104) (106) (R1, R2, and the detector) including at least a second light- emitting component configured to emit light within a second wavelength range through the inner curved surface of the ring-shaped housing into the tissue of the user (“and second PPG signals obtained from second light sources using a second light wavelength,…the second PPG signals are obtained from a red or infrared light source.” [0041]; “R1, R2 may use a second, different wavelength.” [0052]; Fig. 1B);
one or more processors (110) disposed at least partially within the ring- shaped housing, the one or more processors electrically coupled with the first pair of PPG sensors and the second pair of PPG sensors (“a control program 118 comprising sequences of instructions which when loaded from the memory and executed using the CPU 110 cause the CPU to perform the functions that are described herein. The light sources 102, additional light sources 104, and detectors 106 may be coupled to bus 116 directly or indirectly using driver circuitry by which the CPU may drive the light sources and obtain signals from the detectors.” [0050]; “by executing instructions stored in memory 112 (FIG. 1B) as control program 118, CPU 110 signals driver 122 to activate light sources G1, G2, which produce light directed toward blood vessels which is reflected to detector 106.” [0086]); and
a communication module (124) electrically coupled with the one or more processors, the communication module configured to transmit the physiological data generated by the one or more processors (data detected by the monitoring device 100 may be transmitted using the wireless networking interface 124 via near-field communication (NFC), BLUETOOTH, WiFi, or other suitable wireless communication protocols to a host computer 500 for analysis, display and/or reporting.” [0049]; Fig. 1B);
determining a condition quality metric (“Determining that the user is exercising” [0100]; “changes in temperature values” [0112]) associated with the time interval based at least in part on the received motion data and temperature data, the condition quality metric indicating a relative quality of the physiological data collected throughout the time interval for determination of heart rate measurements (“favoring a signal from either block 420 or block 422 that has a higher heart rate estimate in BPM when the user is known to be exercising. Determining that the user is exercising may occur, for example, using input from an accelerometer that forms part of the apparatus of FIG. 1A, FIG. 1B, FIG. 2, and/or using explicit input indicating that the user is currently exercising (or has just completed exercising, or is about to commence exercising, etc.), that the user has specified using an input device. Or, the system may infer that the user is sleeping, for example based upon accelerometer data” [0100]; “Based on changes in temperature values received from these sensors, the process may energize or de-energize different pairs of light sources.” [0112]);
sampling PPG data for the user via the wearable device (“Based on changes in temperature values received from these sensors, the process may energize or de-energize different pairs of light sources.” [0112]), wherein sampling the PPG data comprises:
acquiring a first PPG signal via the first pair of PPG sensors (G1, G2, and the detector) including at least the first light-emitting component configured to emit light within the first wavelength range (“first PPG signals obtained from first light sources using a first light wavelength, and second PPG signals obtained from second light sources using a second light wavelength, can be used to identify motion and cardiac components of the PPG signals…In these embodiments the first PPG signals could be any wavelength that has been determined or known to have a relatively greater cardiac component, and the second PPG signals could be any wavelength that has been determined or known to have a relatively greater motion component. In one embodiment, the first PPG signals are obtained from a green light source and the second PPG signals are obtained from a red or infrared light source.” [0041]; “the light sources 102 comprise a first pair of light sources G1, R1 and a second pair of light sources G2, R2. Each pair may comprise a first light source associated with a first light wavelength and a second light source associated with a second, different wavelength. For example, G1, G2 may comprise light sources that use the same first wavelength, and R1, R2 may use a second, different wavelength.” [0052]; Fig. 1B); and
acquiring a second PPG signal via the second pair of PPG sensors (R1, R2, and the detector) including at least the second light-emitting component configured to emit the light within the second wavelength range (“and second PPG signals obtained from second light sources using a second light wavelength,…the second PPG signals are obtained from a red or infrared light source.” [0041]; “R1, R2 may use a second, different wavelength.” [0052]; Fig. 1B);
comparing a first PPG quality metric associated with the first PPG signal and a second PPG quality metric associated with the second PPG signal (424) (“a confidence value (also referred to herein as a quality metric)” [0098]), the first PPG quality metric and the second PPG quality metric indicating relative qualities of the first PPG signal and the second PPG signal (“the confidence value is an estimate of the signal quality of the corresponding channel.” [0098]), respectively (“In the approach of FIG. 4B, an intermediate heart rate estimation is made using signals or data obtained from each the two channels. As seen at block 420 and block 422, after starting at block 402, the method determines a heart rate estimate using the first PPG signal and also determines a separate heart rate estimate using the second PPG signal. In an embodiment, each of blocks 420, 422 produces as output an estimate of the heart rate, for example, in beats-per-minute (BPM) and a confidence value (also referred to herein as a quality metric). In an embodiment, the confidence value is an estimate of the signal quality of the corresponding channel.” [0098]. “At block 424, the method selects between the multiple heart rate estimates. In one embodiment, block 424 comprises selecting one estimate, among those obtained via blocks 420, 422, that has the highest associated confidence value. In an embodiment, the method may use hysteresis logic that prevents jumping between signals of two different channels within a short time window, for example, if the confidence values of both are within a specified tolerance value.” [0099]; “in the method, determining the first quality metric may comprise determining a first confidence value associated with the first PPG signals, the first confidence value indicating a quality of a first preliminary estimated heart rate value generated based on the first PPG signals, and determining the second quality metric comprises determining a second confidence value associated with the second PPG signals, the second confidence value indicating a quality of a second preliminary estimated heart rate value generated based on the second PPG signals.” [0104]); and
determining a heart rate measurement for the user based at least in part on the sampled PPG data and the comparing (“the method selects between the multiple heart rate estimates” [0099]).
Weekly does not teach determining that the condition quality metric indicates the relative signal quality of the physiological data collected throughout the time interval is above a threshold signal quality metric value based at least in part on determining the condition quality metric; and the sampling step based at least in part on determining that the condition quality metric indicates that the relative signal quality of the physiological data collected throughout the time interval is above the threshold signal quality metric value; and the wearable device being a wearable ring device.
However, in the physiological parameters monitoring field of endeavor, Watson discloses a medical device with adaptive power consumption, which is analogous art. Watson teaches determining that the condition quality metric indicates the relative signal quality of the physiological data collected throughout the time interval (“the patient motion” [0037]) is above a threshold signal quality metric value based at least in part on determining the condition quality metric (“a respective threshold… when patient motion no longer violates a threshold” [0037]) (“the patient motion no longer violates a respective threshold… the processor 26 may select a suppression threshold from the memory 28, may suppress PPG signal acquisition based on an assessment of patient motion for a period of time, and may resume PPG signal acquisition when patient motion has ceased, when patient motion no longer violates a threshold” [0037]); and
the sampling step (“PPG signal acquisition” [0037]) based at least in part on the condition quality metric (“an assessment of patient motion” [0037]) indicates that the relative signal quality of the physiological data collected throughout the time interval (“the patient motion” [0037]) is above a threshold signal quality metric value (“a respective threshold… when patient motion no longer violates a threshold” [0037]) (“the patient motion no longer violates a respective threshold… the processor 26 may select a suppression threshold from the memory 28, may suppress PPG signal acquisition based on an assessment of patient motion for a period of time, and may resume PPG signal acquisition when patient motion has ceased, when patient motion no longer violates a threshold” [0037]. Note that PPG signal samples are only acquired when “patient motion no longer violates a threshold” and therefore the sampling step is based at least in part on the condition quality metric indicating that the relative signal quality of the physiological data collected throughout the time interval is above a threshold metric value, as claimed).
Therefore, based on Watson’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Weekly to have the step of determining that the condition quality metric indicates the relative signal quality of the physiological data collected throughout the time interval is above a threshold signal quality metric value based at least in part on determining the condition quality metric; and the sampling step based at least in part on determining that the condition quality metric indicates that the relative signal quality of the physiological data collected throughout the time interval is above the threshold signal quality metric value, as taught by Watson, in order to improve the quality of collected physiological parameters. In the invention of Weekly and Watson, the condition quality metric is based at least in part on the received motion data and temperature data.
Weekly as modified by Watson does not teach that the wearable device comprises a wearable ring device, and a curved battery disposed at least partially within the ring-shaped housing, the curved battery electrically coupled with the first pair of PPG sensors, the second pair of PPG sensors, and the one or more processors.
However, in the blood pressure monitoring field of endeavor, Von Badinski discloses a wearable computing device, which is analogous art. Von Badinski teaches that a wearable ring device (110) (“This invention overcomes the disadvantages of the prior art by providing a wearable computing device (WCD) in the shape of a ring.” Col. 1, l. 35-40; “the WCD 110 can be worn by the user (e.g., on a finger) for fitness, physical activity, biological data monitoring” Col. 9, l. 40-56; Figs. 1A-C);
a curved battery (480) disposed at least partially within the ring-shaped housing (412) (“FIG. 4 is an exploded view 400 showing an exemplary WCD 410 (e.g., WCD 110) illustrating a battery 480 and a flexible circuit 415 which are configured to fit inside a housing 412 of the WCD 410.” Col. 15, l. 50-63. “In the examples shown in FIG. 4, the U-shape of the ring housing 412 allows for the flexible PCB 415 to be inserted into the edge of the WCD 410.” Col. 16, l. 8-15; Fig. 4) (“1. A system, comprising: a wearable ring computing device, the ring computing device including a housing, the housing having an interior bounding member and an exterior bounding member, the interior bounding member and the exterior bounding member being configured for being coupled together to form a waterproof cavity there between; a curved battery positioned within the cavity, the curved battery having an arc approximating a corresponding arc of the ring housing; a sensor module, the sensor module positioned within the cavity and proximate the battery, the sensor module comprising one or more sensors, the one or more sensors comprising one or more of a pedometer, an accelerometer, a gyroscope, a heart rate sensor, a pulse oximeter,…”), the curved battery electrically coupled with the [first pair of PPG sensors, the second pair of PPG] sensors, and the one or more processors (“In the examples shown in FIG. 4, the U-shape of the ring housing 412 allows for the flexible PCB 415 to be inserted into the edge of the WCD 410. The windows (e.g., windows 120, 130) on the walls of the WCD 410 can align with the operating circuitry to allow, for example, battery charging, Bluetooth connection, and user feedback LED/micro display on the outer wall, and biological feedback sensors (e.g., pulse oximetry, temperature sensor) on the inner wall.” Col. 16, l. 8-15; “the sensor module positioned within the cavity and proximate the battery, the sensor module comprising one or more sensors” Claim 1).
Therefore, based on Von Badinski’ teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the combined invention of Weekly and Watson to have the wearable device that comprises a wearable ring device, and a curved battery disposed at least partially within the ring-shaped housing, the curved battery electrically coupled with the first pair of PPG sensors, the second pair of PPG sensors, and the one or more processors, as taught by Von Badinski, in order to facilitate health monitoring using finger measurements.
Regarding claim 2, Weekly modified by Watson and von Badinski teaches the method of claim 1, wherein Weekly teaches that the first wavelength range is associated with a visible spectrum, and wherein the second wavelength range is associated with infrared light (“the first PPG signals are obtained from a green light source and the second PPG signals are obtained from a … infrared light source.” [0041]).
Regarding claim 3, Weekly modified by Watson and von Badinski teaches the method of claim 1, wherein Weekly teaches selecting one of the first PPG signal or the second PPG signal based at least in part on the comparing, wherein the heart rate measurement is determined based at least in part on the first PPG signal or the second PPG signal that is selected (“one such program estimates the signal quality of data obtained on each of the first light path and the second light path and selects to use the higher-quality path for the HR estimation.” [0096] “At block 424, the method selects between the multiple heart rate estimates. In one embodiment, block 424 comprises selecting one estimate, among those obtained via blocks 420, 422, that has the highest associated confidence value. [0099]; “The approach of FIG. 4B effectively permits the quality of signals to affect selection and use of the signals. More generally, FIG. 4B comprises a method of determining a first quality metric based on the first PPG signals, and a second quality metric based on the second PPG signals; comparing the first quality metric to the second quality metric and selecting either the first quality metric or the second quality metric as a greater quality metric; and generating the estimated heart rate value based on one of the first PPG signals or the second PPG signals that corresponds to the greater quality metric. In one implementation, the quality metric may be a confidence value associated with the signal. Thus, in the method, determining the first quality metric may comprise determining a first confidence value associated with the first PPG signals, the first confidence value indicating a quality of a first preliminary estimated heart rate value generated based on the first PPG signals, and determining the second quality metric comprises determining a second confidence value associated with the second PPG signals, the second confidence value indicating a quality of a second preliminary estimated heart rate value generated based on the second PPG signals.” [0104]; Fig. 4B).
Regarding claim 5, Weekly modified by Watson and von Badinski teaches the method of claim 3, wherein Weekly teaches acquiring an additional PPG signal (422) (with R1 or R2 source, as a result of “increasing the light source-detector spacing” [0111]) via one of the first pair of PPG sensors or the second pair of PPG sensors associated with the one of the first PPG signal or the second PPG signal that is selected (“the higher-quality path” [0096], e.g., with R1 source if red light source corresponds to the “higher-quality path”; “from either block 420 or block 422” [0100]), wherein the heart rate measurement is based at least in part on the additional PPG signal (“selects to use the higher-quality path for the HR estimation” [0096]; “In one feature of this approach, a method (e.g., the method of FIG. 4B) can include selectively activating one or more of the first light sources and one or more of the second light sources at different times.” [0106]; “the use of multiple light sources or other emitters in configurations that are spaced differently with respect to the detector permits the monitoring device 100 to control the effective detector-light source spacing to optimize for signal strength under various user skin conditions, by activating different pairs of light sources. As the detector-light source spacing increases, for example, a light path between the light source and detector samples tissue content over a longer and deeper path, thereby improving signal strength. For example, users who exhibit periods of time of low perfusion, due to conditions such as cooling of the skin, may benefit from increasing the light source-detector spacing automatically under program control, by activating the red light sources that are farther away from the detector.” [0111]).
Regarding claim 6, Weekly modified by Watson and von Badinski teaches the method of claim 5, wherein Weekly teaches selectively activating the first pair of PPG sensors or the second pair of PPG sensors that is associated with the first PPG signal or the second PPG signal that was not selected (“select the lower heart rate estimate” [0101]) based at least in part on the additional PPG signal failing to satisfy a threshold quality metric (“the method may also select the lower heart rate estimate if it has a much higher confidence value than the confidence value of the higher HR estimate (e.g., if the difference between the two confidence values is greater than a predetermined threshold).” [0101]. Note that low and high estimates are associated with path 420 and path 422, respectively [0100]. If the quality metric fails for 422 path another path, 420, is selected; Fig. 4B); and
acquiring a third PPG signal (420) (e.g., with G1 or G2 source) via the first pair of PPG sensors or the second pair of PPG sensors that is associated with the first PPG signal or the second PPG signal that was not selected (“The processes of FIG. 3, FIG. 4A, FIG. 4B also may include a feedback loop and other test operations that result in selectively energizing or de-energizing different pairs of red and green light sources of the monitoring device 100 as ambient conditions change. For example, the processes of FIG. 3, FIG. 4A, FIG. 4B may be implemented as part of a continuous loop that is active whenever the monitoring device 100 is powered on” [0113]. Depending on changing ambient conditions, a third PPG signal is activated via one of the first or second pairs of PPG sensors associated with the other of the first or second PPG signals that was not selected previously), wherein the heart rate measurement is based at least in part on the third PPG signal (424) (“At block 424, the method selects between the multiple heart rate estimates. In one embodiment, block 424 comprises selecting one estimate, among those obtained via blocks 420, 422, that has the highest associated confidence value.” [0099]).
Regarding claim 7, Weekly modified by Watson and von Badinski teaches the method of claim 1, wherein Weekly teaches that sampling the PPG data comprises:
acquiring the first PPG signal throughout the time interval (420); and
determining that the first PPG quality metric associated with the first PPG signal satisfies a first threshold quality metric (“a predetermined threshold).” [0101]), wherein determining the heart rate measurement is based at least in part on the first PPG quality metric satisfying the first threshold quality metric (“each of blocks 420, 422 produces as output an estimate of the heart rate, for example, in beats-per-minute (BPM) and a confidence value (also referred to herein as a quality metric). In an embodiment, the confidence value is an estimate of the signal quality of the corresponding channel.” [0098]; “the method may also select the lower heart rate estimate if it has a much higher confidence value than the confidence value of the higher HR estimate (e.g., if the difference between the two confidence values is greater than a predetermined threshold).” [0101]; Fig. 4B).
Regarding claim 19, Weekly teaches a wearable device (100) for measuring heart rate for a user (“a monitoring device 100 comprises one or more light sources 102 (e.g., one or more pairs of light sources 102), one or more additional light sources 104 (e.g., one or more pairs of additional light sources 104), and one or more detectors 106.” [0048]; “As seen in FIG. 1B, the monitoring device 100 may further comprise a central processing unit (CPU) 110 coupled to a memory 112, display 114, bus 116, one or more input/output (I/O) devices 120, and a wireless networking interface 124.” [0049]; Figs. 1A-B, 2), comprising:
a ring-shaped housing (Figs. 1A and 2) having an inner curved surface and an outer curved surface (Figs. 1A and 2), wherein at least a portion of the inner curved surface is configured to contact a tissue of the user (“FIG. 1A and other aspects of this disclosure describe a monitoring device that is configured for wearing on the wrist, …such that light sources of the monitoring devices are configured to be aligned adjacent to blood vessels of a human” [0040]);
a first pair of photoplethysmogram (PPG) sensors (102) (106) (G1, G2, and the detector) including at least a first light-emitting component configured to emit light within a first wavelength range through the inner curved surface of the ring-shaped housing into the tissue of the user (“first PPG signals obtained from first light sources using a first light wavelength, and second PPG signals obtained from second light sources using a second light wavelength, can be used to identify motion and cardiac components of the PPG signals…In these embodiments the first PPG signals could be any wavelength that has been determined or known to have a relatively greater cardiac component, and the second PPG signals could be any wavelength that has been determined or known to have a relatively greater motion component. In one embodiment, the first PPG signals are obtained from a green light source and the second PPG signals are obtained from a red or infrared light source.” [0041]; “the light sources 102 comprise a first pair of light sources G1, R1 and a second pair of light sources G2, R2. Each pair may comprise a first light source associated with a first light wavelength and a second light source associated with a second, different wavelength. For example, G1, G2 may comprise light sources that use the same first wavelength, and R1, R2 may use a second, different wavelength.” [0052]; Fig. 1B); and
a second pair of PPG sensors (104) (106) (R1, R2, and the detector) including at least a second light- emitting component configured to emit light within a second wavelength range through the inner curved surface of the ring-shaped housing into the tissue of the user (“and second PPG signals obtained from second light sources using a second light wavelength,…the second PPG signals are obtained from a red or infrared light source.” [0041]; “R1, R2 may use a second, different wavelength.” [0052]; Fig. 1B);
one or more processors (110) disposed at least partially within the ring- shaped housing, the one or more processors electrically coupled with the first pair of PPG sensors and the second pair of PPG sensors (“a control program 118 comprising sequences of instructions which when loaded from the memory and executed using the CPU 110 cause the CPU to perform the functions that are described herein. The light sources 102, additional light sources 104, and detectors 106 may be coupled to bus 116 directly or indirectly using driver circuitry by which the CPU may drive the light sources and obtain signals from the detectors.” [0050]; “by executing instructions stored in memory 112 (FIG. 1B) as control program 118, CPU 110 signals driver 122 to activate light sources G1, G2, which produce light directed toward blood vessels which is reflected to detector 106.” [0086]); and
memory (112) coupled with the one or more processors; and
instructions (118) stored in the memory and executable by the one or more processors (“by executing instructions stored in memory 112 (FIG. 1B) as control program 118, CPU 110 signals driver 122 to activate light sources G1, G2, which produce light directed toward blood vessels which is reflected to detector 106.” [0086]) to cause the wearable device to:
send (this limitation is interpreted as stated in the 112b rejection), via a transceiver (518) of a user device (500) (“a host computer 500” [0049]; a transceiver of the “client device” [0090]; “Computer system 500 also includes a communication interface 518 coupled to bus 502. Communication interface 518 provides a two-way data communication” [0124]; Fig. 5) and from a wearable device (100) (“For purposes of illustrating a clear example, FIG. 1A and other aspects of this disclosure describe a monitoring device that is configured for wearing on the wrist, but other embodiments may be implemented using monitoring devices that are wearable in other anatomical locations such as … fingertips, … (such that light sources of the monitoring devices are configured to be aligned adjacent to blood vessels of a human” [0040]; Fig. 1A; “FIG. 2 illustrates a schematic perspective view of a monitoring device in one embodiment. As an example, FIG. 2 has the arrangement of light sources and detector of FIG. 1B. In this embodiment, monitoring device 100 comprises a wrist band in which light sources 102 and detector 106 are mounted on or within an underside of monitoring device 100.” [0054]; Fig. 2), physiological data associated with the user, the physiological data comprising motion data (“I/O devices 120 may include, for example, motion sensors,… Determining that the user is exercising may occur, for example, using input from an accelerometer that forms part of the apparatus of FIG. 1A, FIG. 1B, FIG. 2,… the methods may further comprise obtaining motion data from a motion sensor that is proximate to the first light sources and the second light sources” [0050]) and temperature data (“Additionally or alternatively, the process of FIG. 3, FIG. 4A, FIG. 4B may receive input from biometric sensors or environmental sensors indicating an ambient temperature or a skin temperature of the wearer of the activity monitoring apparatus. Based on changes in temperature values received from these sensors, the process may energize or de-energize different pairs of light sources.” [0112]) collected throughout a time interval via a wearable device (100) associated with the user (“a monitoring device 100 comprises one or more light sources 102 (e.g., one or more pairs of light sources 102), one or more additional light sources 104 (e.g., one or more pairs of additional light sources 104), and one or more detectors 106.” [0048]; Figs. 1A, 2);
determine a condition quality metric (“Determining that the user is exercising” [0100]; “changes in temperature values” [0112]) associated with the time interval based at least in part on the motion data and the temperature data, the condition quality metric indicating a relative quality of the physiological data collected throughout the time interval for determination of heart rate measurements (“favoring a signal from either block 420 or block 422 that has a higher heart rate estimate in BPM when the user is known to be exercising. Determining that the user is exercising may occur, for example, using input from an accelerometer that forms part of the apparatus of FIG. 1A, FIG. 1B, FIG. 2, and/or using explicit input indicating that the user is currently exercising (or has just completed exercising, or is about to commence exercising, etc.), that the user has specified using an input device. Or, the system may infer that the user is sleeping, for example based upon accelerometer data” [0100]; “Based on changes in temperature values received from these sensors, the process may energize or de-energize different pairs of light sources.” [0112]);
sample PPG data for the user via the wearable device (“Based on changes in temperature values received from these sensors, the process may energize or de-energize different pairs of light sources.” [0112]), wherein to sample the PPG data the instructions are configured to cause the wearable device to:
acquire a first PPG signal via the first pair of PPG sensors (G1, G2, and the detector) including at least the first light-emitting component configured to emit light within the first wavelength range (“first PPG signals obtained from first light sources using a first light wavelength, and second PPG signals obtained from second light sources using a second light wavelength, can be used to identify motion and cardiac components of the PPG signals…In these embodiments the first PPG signals could be any wavelength that has been determined or known to have a relatively greater cardiac component, and the second PPG signals could be any wavelength that has been determined or known to have a relatively greater motion component. In one embodiment, the first PPG signals are obtained from a green light source and the second PPG signals are obtained from a red or infrared light source.” [0041]; “the light sources 102 comprise a first pair of light sources G1, R1 and a second pair of light sources G2, R2. Each pair may comprise a first light source associated with a first light wavelength and a second light source associated with a second, different wavelength. For example, G1, G2 may comprise light sources that use the same first wavelength, and R1, R2 may use a second, different wavelength.” [0052]; Fig. 1B); and
acquire a second PPG signal via the second pair of PPG sensors (R1, R2, and the detector) including at least the second light-emitting component configured to emit the light within the second wavelength range (“and second PPG signals obtained from second light sources using a second light wavelength… the second PPG signals are obtained from a red or infrared light source.” [0041]; “R1, R2 may use a second, different wavelength.” [0052]; Fig. 1B);
compare a first PPG quality metric associated with the first PPG signal and a second PPG quality metric associated with the second PPG signal (424) (“a confidence value (also referred to herein as a quality metric)” [0098]), the first PPG quality metric and the second PPG quality metric indicating relative qualities of the first PPG signal and the second PPG signal (“the confidence value is an estimate of the signal quality of the corresponding channel.” [0098]), respectively (“In the approach of FIG. 4B, an intermediate heart rate estimation is made using signals or data obtained from each the two channels. As seen at block 420 and block 422, after starting at block 402, the method determines a heart rate estimate using the first PPG signal and also determines a separate heart rate estimate using the second PPG signal. In an embodiment, each of blocks 420, 422 produces as output an estimate of the heart rate, for example, in beats-per-minute (BPM) and a confidence value (also referred to herein as a quality metric). In an embodiment, the confidence value is an estimate of the signal quality of the corresponding channel.” [0098]. “At block 424, the method selects between the multiple heart rate estimates. In one embodiment, block 424 comprises selecting one estimate, among those obtained via blocks 420, 422, that has the highest associated confidence value. In an embodiment, the method may use hysteresis logic that prevents jumping between signals of two different channels within a short time window, for example, if the confidence values of both are within a specified tolerance value.” [0099]; “in the method, determining the first quality metric may comprise determining a first confidence value associated with the first PPG signals, the first confidence value indicating a quality of a first preliminary estimated heart rate value generated based on the first PPG signals, and determining the second quality metric comprises determining a second confidence value associated with the second PPG signals, the second confidence value indicating a quality of a second preliminary estimated heart rate value generated based on the second PPG signals.” [0104]); and
determine a heart rate measurement for the user based at least in part on the PPG data and the comparing (“the method selects between the multiple heart rate estimates” [0099]).
Weekly does not teach determining that the condition quality metric indicates the relative signal quality of the physiological data collected throughout the time interval is above a threshold signal quality metric value based at least in part on determining the condition quality metric; and the sampling step based at least in part on determining that the condition quality metric indicates that the relative signal quality of the physiological data collected throughout the time interval is above the threshold signal quality metric value; and the wearable device being a wearable ring device.
However, in the physiological parameters monitoring field of endeavor, Watson discloses a medical device with adaptive power consumption, which is analogous art. Watson teaches determining that the condition quality metric indicates the relative signal quality of the physiological data collected throughout the time interval (“the patient motion” [0037]) is above a threshold signal quality metric value based at least in part on determining the condition quality metric (“a respective threshold… when patient motion no longer violates a threshold” [0037]) (“the patient motion no longer violates a respective threshold… the processor 26 may select a suppression threshold from the memory 28, may suppress PPG signal acquisition based on an assessment of patient motion for a period of time, and may resume PPG signal acquisition when patient motion has ceased, when patient motion no longer violates a threshold” [0037]); and
the sampling step (“PPG signal acquisition” [0037]) based at least in part on the condition quality metric (“an assessment of patient motion” [0037]) indicates that the relative signal quality of the physiological data collected throughout the time interval (“the patient motion” [0037]) is above a threshold signal quality metric value (“a respective threshold… when patient motion no longer violates a threshold” [0037]) (“the patient motion no longer violates a respective threshold… the processor 26 may select a suppression threshold from the memory 28, may suppress PPG signal acquisition based on an assessment of patient motion for a period of time, and may resume PPG signal acquisition when patient motion has ceased, when patient motion no longer violates a threshold” [0037]. Note that PPG signal samples are only acquired when “patient motion no longer violates a threshold” and therefore the sampling step is based at least in part on the condition quality metric indicating that the relative signal quality of the physiological data collected throughout the time interval is above a threshold metric value, as claimed).
Therefore, based on Watson’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Weekly to have the step of determining that the condition quality metric indicates the relative signal quality of the physiological data collected throughout the time interval is above a threshold signal quality metric value based at least in part on determining the condition quality metric; and the sampling step based at least in part on determining that the condition quality metric indicates that the relative signal quality of the physiological data collected throughout the time interval is above the threshold signal quality metric value, as taught by Watson, in order to improve the quality of collected physiological parameters. In the invention of Weekly and Watson, the condition quality metric is based at least in part on the received motion data and temperature data.
Weekly as modified by Watson does not teach that the wearable device comprises a wearable ring device, and a curved battery disposed at least partially within the ring-shaped housing, the curved battery electrically coupled with the first pair of PPG sensors, the second pair of PPG sensors, and the one or more processors.
However, in the blood pressure monitoring field of endeavor, Von Badinski discloses a wearable computing device, which is analogous art. Von Badinski teaches that a wearable ring device (110) (“This invention overcomes the disadvantages of the prior art by providing a wearable computing device (WCD) in the shape of a ring.” Col. 1, l. 35-40; “the WCD 110 can be worn by the user (e.g., on a finger) for fitness, physical activity, biological data monitoring” Col. 9, l. 40-56; Figs. 1A-C);
a curved battery (480) disposed at least partially within the ring-shaped housing (412) (“FIG. 4 is an exploded view 400 showing an exemplary WCD 410 (e.g., WCD 110) illustrating a battery 480 and a flexible circuit 415 which are configured to fit inside a housing 412 of the WCD 410.” Col. 15, l. 50-63. “In the examples shown in FIG. 4, the U-shape of the ring housing 412 allows for the flexible PCB 415 to be inserted into the edge of the WCD 410.” Col. 16, l. 8-15; Fig. 4) (“1. A system, comprising: a wearable ring computing device, the ring computing device including a housing, the housing having an interior bounding member and an exterior bounding member, the interior bounding member and the exterior bounding member being configured for being coupled together to form a waterproof cavity there between; a curved battery positioned within the cavity, the curved battery having an arc approximating a corresponding arc of the ring housing; a sensor module, the sensor module positioned within the cavity and proximate the battery, the sensor module comprising one or more sensors, the one or more sensors comprising one or more of a pedometer, an accelerometer, a gyroscope, a heart rate sensor, a pulse oximeter,…”), the curved battery electrically coupled with the [first pair of PPG sensors, the second pair of PPG] sensors, and the one or more processors (“In the examples shown in FIG. 4, the U-shape of the ring housing 412 allows for the flexible PCB 415 to be inserted into the edge of the WCD 410. The windows (e.g., windows 120, 130) on the walls of the WCD 410 can align with the operating circuitry to allow, for example, battery charging, Bluetooth connection, and user feedback LED/micro display on the outer wall, and biological feedback sensors (e.g., pulse oximetry, temperature sensor) on the inner wall.” Col. 16, l. 8-15; “the sensor module positioned within the cavity and proximate the battery, the sensor module comprising one or more sensors” Claim 1).
Therefore, based on von Badinski’ teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the combined invention of Weekly and Watson to have the wearable device that comprises a wearable ring device, and a curved battery disposed at least partially within the ring-shaped housing, the curved battery electrically coupled with the first pair of PPG sensors, the second pair of PPG sensors, and the one or more processors, as taught by von Badinski, in order to facilitate health monitoring using finger measurements.
Regarding claim 20, Weekly modified by Watson and von Badinski teaches the wearable ring device of claim 19, wherein Weekly teaches that the first wavelength range is associated with a visible light (“the first PPG signals are obtained from a green light source” [0041]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Weekly, Watson, and von Badinski as applied to claim 1, and further in view of Yoon et al (US 20160058300), hereinafter Yoon.
Regarding claim 10, Weekly modified by Watson and von Badinski teaches the method of claim 1.
Weekly as modified by Watson and von Badinski does not explicitly teach that the wearable device collects the physiological data from the user based on arterial blood flow.
However, in the blood pressure monitoring field of endeavor, Yoon discloses apparatus for and method of monitoring blood pressure and wearable device having function of monitoring blood pressure, which is analogous art. Yoon teaches that the wearable device collects the physiological data from the user based on arterial blood flow (“Referring to FIG. 3, in order to measure a blood pressure from the radial artery 200, the blood pressure monitoring module 100 may be embedded at a specific position 300 to be close to the radial artery 200 when the wearable device 10 is worn, as described above with reference to FIG. 2.” [0071]).
Therefore, based on Yoon’ teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the combined invention of Weekly, Watson, and von Badinski to have the wearable device that collects the physiological data from the user based on arterial blood flow, as taught by Yoon, in order to facilitate user’s health monitoring based on photoplethysmogram signals by providing blood pressure information to a user including a pulse rate (Yoon: [0177]).
Response to Arguments
Applicant's arguments filed 11/10/2025 have been fully considered but are not persuasive. The rejection has been withdrawn based on claim amendments. However, upon further consideration, a new ground(s) of rejection is made over Weekly in view of Watson and von Badinski.
Response to the 35 U.S.C. §103 rejection arguments on pages 12-14 of the REMARKS.
Claims 1-8, 10, and 19-21
The Applicant argues that “Thus, Watson does not teach or suggest "determining that the condition quality metric indicates the relative signal quality of the physiological data collected throughout the time interval is above a threshold signal quality metric value based at least in part on determining the condition quality metric" and "sampling PPG data for the user via the wearable ring device based at least in part on determining that the condition quality metric indicates the relative signal quality of the physiological data collected throughout the time interval is above the threshold signal quality metric value," as recited in amended independent claim 1.” (Page 13). The Examiner respectfully disagrees and notes that there is no recitation of “the relative signal quality of the physiological data …” being “above” the “threshold signal quality metric value” for all types of the physiological data in the Applicant’s specification. Rather, the specification discloses: “For example, rather than measuring PPG constantly, a wearable device may use physiological data of the user to detect moments that may result in PPG data that meets (e.g., satisfies, exceeds) a quality threshold.” [0018]. The specification discloses that “the wearable device may detect a PPG moment based on reaching the end of the interval (e.g., after X minutes have elapsed) and based on one or more physiological conditions meeting a quality threshold. For example, every X minutes (e.g., in accordance with the interval) the wearable device may determine if one or more physiological conditions meet a quality threshold." [0109] and that “the system 200 may calculate a CQI metric and may determine that the CQI metric satisfies a threshold metric value based on the average motion being less than or equal to a motion threshold and the average temperature being greater than or equal to a temperature threshold." [0124]. As a result, the written description fails to establish with reasonable clarity to those skilled in the art that the applicant was in possession of the invention, as of the filing date sought (Vas-Cath, Inc. v. Mahurkar, 935 F.2d 1555, 1563-64, 19 USPQ2d 1111, 1117 (Fed. Cir. 1991); MPEP 2163.02). The dependent claims are not allowable because the independent claims are not allowable and because additional secondary references meet additional limitations of the dependent claims.
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 extension fee 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.
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/ALEXEI BYKHOVSKI/
Primary Examiner, Art Unit 3798