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 .
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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 19 and 25-27 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 19 recites the limitation “a non-biometric signal-receiving component” in line 19. It is unclear whether this limitation refers to the “a non-biometric signal-receiving component” in lines 6-7, or a different component.
Claims 25-27 are rejected as being dependent upon a rejected base claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3, 11, 14-15, 17, 19-26, and 28-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morun et al., (US 20190192037; hereinafter Morun) in view of Bellifemine et al., (US 20210186336; hereinafter Bellifemine).
Regarding claim 1, Morun (Figure 4) discloses a smart electrode (400) for receiving biometric signals, the smart electrode (400) comprising: a rigid structure (490) coupled to one or more electrical signal-processing components (450), wherein the one or more electrical signal-processing components (450) are configured to at least partially process received biometric signals; a conductive deformable material (conductive rubber/silicone elements 472a, 472b) that is adhered to the rigid structure (490), wherein the conductive deformable material (472a, 472b) is configured to deform while the conductive deformable material (472a, 472b) is configured to be in contact with skin of a user; and the conductive deformable material (472a, 472b) is configured to: define an outer surface of an electrode (401a, 401b) that is configured to receive a biometric signal from the user while the outer surface of the electrode (401a, 401b) is configured to be in contact with the skin of the user; and provide the biometric signal to the one or more electrical signal-processing components (450) for at least partially processing the biometric signal ([0055]-[0057]).
The first embodiment (Figure 4) of Morun fails to disclose that the one or more electrical-signal-processing components are configured to at least partially process non-biometric signals received via a non-biometric signal-receiving component. However, a second embodiment of Morun (Figure 6) teaches a non-biometric signal-receiving component (660) which is configured to at least partially process non-biometric (inertial) signals ([0081]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first embodiment (Figure 4) of Morun to include the one or more electrical-signal-processing components configured to at least partially process non-biometric signals received via a non-biometric signal-receiving component, as taught by the second embodiment (Figure 6) of Morun, since Morun teaches that signals provided by an inertial sensor may be combined or otherwise processed in conjunction with signals provided by capacitive EMG sensors (Morun; [0081]). Furthermore, configuring the one or more electrical-signal-processing components to at least partially process non-biometric signals received via a non-biometric signal-receiving component would enable measurement of motion effected by a user to aid in medical monitoring and diagnosis (Morun; [0007], [0081]).
Morun fails to teach that the conductive deformable material houses the one or more electrical signal-processing components. However, Bellifemine (Figure 1A) teaches a smart electrode, wherein a conductive deformable material (2b) houses one or more electrical signal-processing components (19a), ([0016], [0306], [0368], [0390]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Morun to include one or more of the electrical signal-processing components housed within the conductive deformable material, as taught by Bellifemine, because the modification would reduce the bulk of the device by integrating one or more of the electrical signal-processing components housed into the conductive deformable material (Bellifemine; [0306], [0368], [0390]).
Regarding claim 3, Morun (Figures 4 and 6) further discloses wherein: the rigid structure (490) includes a printed circuit board (PCB), the conductive deformable material (472a, 472b) is adhered to the rigid structure (490) via an over-molding process such that the rigid structure (490) and the conductive deformable material (472a, 472b) forms a sealed volume; and the one or more electrical signal-processing components (450) are housed within the sealed volume ([0056]).
Regarding claim 11, Morun (Figures 4 and 6) further teaches wherein the smart electrode (element 400 incorporated as a first element 610 in device 600) for receiving biometric signals is integrated into a single wrist-wearable device (600), the single wrist-wearable device (600) includes an additional smart electrode (a second of the elements 610) distinct from the smart electrode (first element 610); the additional smart electrode (second element 610) comprising: an additional rigid structure (corresponding element 490) coupled to one or more additional electrical signal-processing components (corresponding element 450), wherein the one or more additional electrical signal-processing components are configured to: at least partially process additional received biometric signals; and at least partially process additional non-biometric signals received via an additional non-biometric signal-receiving component (660); and an additional conductive deformable material (corresponding element 472a,472b) that is adhered to the additional rigid structure and houses the one or more additional electrical signal-processing components, wherein the additional conductive deformable material is configured to: deform while the additional conductive material is in contact with skin of a user; define an outer surface of the additional smart electrode (second element 610) that is configured to receive an additional biometric signal from the user while the outer surface of the smart electrode (first element 610) is in contact with the skin of the user; and provide the additional biometric signal to the one or more additional electrical signal-processing components that are housed within the additional conductive deformable material for at least partially processing the additional biometric signal ([0055]-[0057], [0071], [0075]-[0077]).
Regarding claim 14, Morun (Figures 4 and 6) further discloses wherein the smart electrode (element 400 incorporated as element 610 in device 600) and at least one of the one or more additional smart electrodes (additional elements 400 incorporated as one or more elements 610 in device 600) are communicatively coupled with each other ([0011], [0084]).
Regarding claim 15, Morun (Figures 4 and 6) further discloses wherein: the smart electrode (element 400 incorporated as element 610 in device 600) is coupled to a wearable band (armband), the wearable band (armband) includes an elastic material ([0072]: elastic band adaptive coupler) that supports the smart electrode (element 400 incorporated as element 610 in device 600), and the elastic material (elastic band adaptive coupler) is configured to deform when the wearable band (armband) is placed against skin of a user ([0071]-[0072], [0075]-[0077]).
Regarding claim 17, Morun (Figures 4 and 6) further discloses wherein the elastic material that supports the smart electrode (element 400 incorporated as element 610 in device 600) includes a compressible spring ([0071]-[0072], [0075]-[0077]: elastic band adaptive coupler).
Regarding claim 19, Morun (Figures 4 and 6) discloses a method of manufacturing, the method comprising: providing a rigid structure (490); coupling one or more electrical signal-processing components (450), wherein the one or more electrical signal-processing components (450) are configured to at least partially process received biometric signals; coupling a conductive deformable material (conductive rubber/silicone elements 472a, 472b) to the rigid structure (490), wherein: the conductive deformable material(472a, 472b) encases the one or more electrical signal-processing components (450), and the conductive deformable material (472a, 472b) is configured to: deform while the conductive deformable material (472a, 472b) is in contact with skin of a user; define an outer surface of an electrode (401a, 401b) that receives a biometric signal from the user while the outer surface of the electrode (401a, 401b) is in contact with the skin of the user; and provide the biometric signal to the one or more electrical signal-processing components (450) for at least partially processing the biometric signal ([0055]-[0057]).
The first embodiment (Figure 4) of Morun fails to disclose that the one or more electrical-signal-processing components are configured to at least partially process non-biometric signals received via a non-biometric signal-receiving component, wherein the method further comprises coupling a non-biometric signal-receiving component to the conductive deformable material, wherein the non-biometric signal-receiving component is configure to receive a non-biometric signal. However, a second embodiment of Morun (Figure 6) teaches a non-biometric signal-receiving component (660) which is configured to at least partially process non-biometric (inertial) signals ([0081]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first embodiment (Figure 4) of Morun to include the one or more electrical-signal-processing components configured to at least partially process non-biometric signals received via a non-biometric signal-receiving component, wherein the method further comprises coupling a non-biometric signal-receiving component to the conductive deformable material, wherein the non-biometric signal-receiving component is configure to receive a non-biometric signal, as taught by the second embodiment (Figure 6) of Morun, since Morun teaches that signals provided by an inertial sensor may be combined or otherwise processed in conjunction with signals provided by capacitive EMG sensors (Morun; [0081]). Furthermore, configuring the one or more electrical-signal-processing components to at least partially process non-biometric signals received via a non-biometric signal-receiving component would enable measurement of motion effected by a user to aid in medical monitoring and diagnosis (Morun; [0007], [0081]).
Morun fails to teach that the conductive deformable material houses the one or more electrical signal-processing components. However, Bellifemine (Figure 1A) teaches a smart electrode, wherein a conductive deformable material (2b) houses one or more electrical signal-processing components (19a), ([0016], [0306], [0368], [0390]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Morun to include one or more of the electrical signal-processing components housed within the conductive deformable material, as taught by Bellifemine, because the modification would reduce the bulk of the device by integrating one or more of the electrical signal-processing components housed into the conductive deformable material (Bellifemine; [0306], [0368], [0390]).
Regarding claim 20, Morun (Figures 4 and 6) discloses a wearable device (600), comprising a band (armband) donned by a user, the band (armband) including a smart electrode (element 400 incorporated as element 610 in device 600) for receiving biometric signals that, the smart electrode (element 400 incorporated as element 610 in device 600) comprising: a rigid structure (490) coupled to one or more electrical signal-processing components (450), wherein the one or more electrical signal-processing components (450) are configured to at least partially process received biometric signals; a conductive deformable material (472a, 472b) that is adhered to the rigid structure (490), wherein the conductive deformable material (472a, 472b) that is configured to deform while the conductive deformable material (472a, 472b) is configured to be in contact with skin of a user; and the conductive deformable material (472a, 472b) is configured to: define an outer surface of an electrode (401a, 401b) that is configured to receive a biometric signal from the user while the outer surface of the electrode (401a, 401b) is configured to be in contact with the skin of the user; and provide the biometric signal to the one or more electrical signal-processing components (450), for at least partially processing the biometric signal ([0055]-[0057], [0071]-[0072], [0075]-[0077]).
The first embodiment (Figure 4) of Morun fails to disclose that the one or more electrical-signal-processing components are configured to at least partially process non-biometric signals received via a non-biometric signal-receiving component. However, a second embodiment of Morun (Figure 6) teaches a non-biometric signal-receiving component (660) which is configured to at least partially process non-biometric (inertial) signals ([0081]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first embodiment (Figure 4) of Morun to include the one or more electrical-signal-processing components configured to at least partially process non-biometric signals received via a non-biometric signal-receiving component, as taught by the second embodiment (Figure 6) of Morun, since Morun teaches that signals provided by an inertial sensor may be combined or otherwise processed in conjunction with signals provided by capacitive EMG sensors (Morun; [0081]). Furthermore, configuring the one or more electrical-signal-processing components to at least partially process non-biometric signals received via a non-biometric signal-receiving component would enable measurement of motion effected by a user to aid in medical monitoring and diagnosis (Morun; [0007], [0081]).
Morun fails to teach that the conductive deformable material houses the one or more electrical signal-processing components. However, Bellifemine (Figure 1A) teaches a smart electrode, wherein a conductive deformable material (2b) houses one or more electrical signal-processing components (19a), ([0016], [0306], [0368], [0390]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Morun to include one or more of the electrical signal-processing components housed within the conductive deformable material, as taught by Bellifemine, because the modification would reduce the bulk of the device by integrating one or more of the electrical signal-processing components housed into the conductive deformable material (Bellifemine; [0306], [0368], [0390]).
Regarding claim 21, Morun (Figures 4 and 6) further teaches wherein the non-biometric signal-receiving component (660) receives the non-biometric signal via an exterior surface of the conductive deformable material (472a, 472b), ([0055]-[0057], [0071], [0075]-[0077], [0081]).
Regarding claim 22, Morun (Figures 4 and 6) further teaches wherein the conductive deformable material (472a, 472b) is further configured to provide the non-biometric signal from the non-biometric signal-receiving component (660) to the one or more electrical signal-processing components (450), ([0055]-[0057], [0071], [0075]-[0077], [0081]).
Regarding claim 23, Morun (Figures 4 and 6) further teaches wherein the non-biometric signals are selected from the group consisting of pressure signals, force signals, inertial measurement signals, accelerometer signals, gyroscopic signals, and humidity signals ([0081]).
Regarding claim 24, Morun (Figures 4 and 6) further teaches wherein the electrical signal-processing components (450) are configured to generate processed non-biometric data selected from the group consisting of pressure data, force data, inertial measurement data, accelerometer data, gyroscopic data, and humidity data ([0055]-[0057], [0071], [0075]-[0077], [0081]).
Regarding claim 25, Morun (Figures 4 and 6) further teaches wherein: the electrode (400) is integrated into a single wrist-wearable device (600); the electrode (corresponding to a first element 610 in band 600) and an additional electrode (a second of the elements 610) of one or more additional electrodes (610) combine to form a differential pair of connected electrodes; and the electrode (first element 610) and the additional electrode (second element 610) are separate physical deformable structures ([0055]-[0057], [0071], [0075]-[0077], [0081]).
Regarding claim 26, Morun (Figures 4 and 6) further teaches coupling the conductive deformable material (472a, 472b) to the rigid structure (490) via an over-molding process such that the rigid structure (490) and the conductive deformable material (472a, 472b) forms a sealed volume, wherein the one or more electrical signal-processing components (450) are housed within the sealed volume ([0055]-[0057], [0071], [0075]-[0077], [0081]).
Regarding claim 28, Morun (Figures 4 and 6) further teaches an additional electrode (corresponding to a second element 610 in band 600) of one or more additional electrodes (610), wherein the additional electrode (second element 610) and the electrode (first element 610 corresponding to electrode 400) combine to form a differential pair of connected electrodes; and the electrode (first element 610) and the additional electrode (second element 610) are separate physical deformable structures ([0055]-[0057], [0071], [0075]-[0077], [0081]).
Regarding claim 29, Morun (Figures 4 and 6) further teaches wherein: the rigid structure (490) includes a printed circuit board (PCB), the conductive deformable material (472a, 472b) is adhered to the rigid structure (490) via an over-molding process such that the rigid structure (490) and the conductive deformable material (472a, 472b) forms a sealed volume; and the one or more electrical signal-processing components (450) are housed within the sealed volume ([0055]-[0057], [0071], [0075]-[0077], [0081]).
Claim(s) 2, 27, and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morun/Bellifemine as applied to claims 1, 19, and 20 above, and further in view of King et al., (US 20210378571; hereinafter King).
Regarding claim 2, Morun/Bellifemine teaches the smart electrode of claim 1, but fails to teach wherein the conductive deformable material has a hardness rating of less than 90 on a Shore 00 scale. However, King teaches a smart electrode comprising fluoroelastomers, which is a conductive deformable material having a hardness rating of less than 90 on a Shore 00 scale, to produce the smart electrodes ([0057]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Morun/Bellifemine to include the conductive deformable material having a hardness rating of less than 90 on a Shore 00 scale, as taught by King, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07.
Regarding claim 27, Morun/Bellifemine fails to teach wherein: the conductive deformable material has a hardness rating of less than 90 on a Shore 00 scale; or the conductive deformable material includes an elastomeric material comprising 5%-15% carbon nanotubes (CNT), 5%-15% fibrous material, or 70%-90% silicone. However, King teaches a smart electrode comprising fluoroelastomers, which is a conductive deformable material having a hardness rating of less than 90 on a Shore 00 scale, to produce the smart electrodes ([0057]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Morun/Bellifemine to include the conductive deformable material having a hardness rating of less than 90 on a Shore 00 scale, as taught by King, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07.
Regarding claim 30, Morun/Bellifemine fails to teach wherein: the conductive deformable material has a hardness rating of less than 90 on a Shore 00 scale; or the conductive deformable material includes an elastomeric material comprising 5%-15% carbon nanotubes (CNT), 5%-15% fibrous material, or 70%-90% silicone. However, King teaches a smart electrode comprising fluoroelastomers, which is a conductive deformable material having a hardness rating of less than 90 on a Shore 00 scale, to produce the smart electrodes ([0057]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Morun/Bellifemine to include the conductive deformable material having a hardness rating of less than 90 on a Shore 00 scale, as taught by King, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morun/Bellifemine as applied to claim 7 above, and further in view of Jeon et al., (US 20200337640; hereinafter Jeon).
Regarding claim 8, Morun/Bellifemine teaches the smart electrode of claim 7, but fails to teach wherein the conductive deformable material includes an elastomeric material comprising 5%-15% carbon nanotubes (CNT), 5%-15% fibrous material, or 70%-90% silicone. However, Jeon teaches a smart electrode in which the elastomeric material (conductive elastomer) includes carbon nanotubes ([0077]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Morun/Bellifemine to include the elastomeric material comprising carbon nanotubes, as taught by Jeon, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07. Furthermore, Morun/Bellifemine/Jeon fails to teach that the elastomeric material specifically includes 5%-15% carbon nanotubes. However, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Morun/Bellifemine/Jeon to include the elastomeric material specifically comprising 5%-15% carbon nanotubes since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP 2144.05(I).
Response to Arguments
Applicant’s arguments filed 01/26/2026, with regard to the newly filed claim amendments, 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 a new interpretation of the Morun reference. Under the new interpretation, the first embodiment shown in Figure 4 of Morun discloses the general electrode structure and a second embodiment shown in Figure 6 of Morun teaches incorporating a non-biometric signal-receiving component to at least partially process non-biometric (inertial) signals. In combination with Bellifemine, the modified device teaches the invention as claimed at least in the amended independent 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 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.
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/C.C.P./Examiner, Art Unit 3794
/EUN HWA KIM/Primary Examiner, Art Unit 3794
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