DETAILED ACTION
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 action is in response to amendments filed on 12/17/2025. Claims 1, 16, 17 have been amended. Claims 1-17 are pending and examined below.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5, 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20170231566 A1 (hereinafter referred to as “Klimek”), in view of US 20100286607 A1 (hereinafter referred to as “Saltzstein”).
Regarding claim 1, Klimek, a PPG apparatus, teaches a heartbeat sensor device (paragraph [0043) comprising:
a housing (104; paragraphs [0041]-[0045], [0082]; as shown in Figures 2-3, 6, 12) having a bottom wall and a perimeter wall being attached to and extending upwardly from the bottom wall, the perimeter and bottom walls bounding an interior space (as shown in Figures 2-3, 6, 12);
a central processing unit being positioned within the interior space (paragraph [0045], [0082]);
a battery being electronically coupled to the central processing unit, the battery being positioned within the interior space (paragraph [0043], [0082]);
a photoplethysmograph sensor being positioned within the interior space, the photoplethysmograph sensor extending through and being directed outwardly away from the bottom wall wherein the bottom wall extends fully around a perimeter edge of the photoplethysmography sensor, the photoplethysmograph sensor being electronically coupled to the central processing unit (paragraph [0043]-[0045], [0082]; as shown in Figure 2, 6, 12);
the photoplethysmography sensor being configured to measure a pulse (paragraph [0043]); and
a band being attached to the housing, the band having a top side and a bottom side, the bottom side being aligned with the bottom wall of the housing, the bottom side extending fully around an outer edge of the bottom wall wherein the bottom wall of the housing and the photoplethysmograph sensor are each exposed whereby both the bottom wall and the photoplethysmograph sensor are configured for direct contact with skin of a user, the band being configured for positioning on a neck of the user wherein the photoplethysmograph sensor is configured for positioning over a carotid artery of the user (as shown in Figures 2-3, 6, 12); but does not explicitly teach a pulse indication light being positioned within the interior space, the pulse indication light being directed outwardly away from the perimeter wall, the pulse indication light being electronically coupled to the central processing unit; and the central processing unit being configured to synchronously illuminate the pulse indication light with the pulse.
However, Saltzein, a patient status sensor, teaches a pulse indication light being positioned within the interior space, the pulse indication light being directed outwardly away from the perimeter wall, the pulse indication light being electronically coupled to the central processing unit (paragraphs [0047]-[0048], claim 28; Figure 2) and the central processing unit being configured to synchronously illuminate the pulse indication light with the pulse (paragraph [0047]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Klimek, to have a pulse indication light, as taught by Saltzein, because doing so provides an indicator to the user of the heart rate status.
Regarding claim 2, Klimek, in view of Saltzein, teaches wherein the central processing unit is mounted to the housing (paragraph [0045]; as taught by Klimek).
Regarding claim 3, Klimek, in view of Saltzein, teaches wherein the battery is mounted to the housing (paragraph [0043], [0082]; as shown in Figure 2).
Regarding claim 4, Klimek, in view of Saltzein, teaches wherein the pulse indication light is mounted to the housing (paragraphs [0047]-[0048], claim 28; as taught by Saltzein).
Regarding claim 5, Klimek, in view of Saltzein, teaches wherein the photoplethysmography sensor is mounted to the housing (paragraph [0043]-[0045], [0082]; as shown in Figure 2, 6, 12).
Regarding claim 12, Klimek, in view of Saltzein, teaches the band further comprising a first end and a second end (paragraph [0071]-[0072]; as shown in Figure 7; as taught by Klimek).
Regarding claim 13, Klimek, in view of Saltzein, teaches wherein the housing is positioned at a midsection between the first end and the second end (paragraph [0071]-[0072]; as shown in Figure 7; as taught by Klimek).
Regarding claim 14, Klimek, in view of Saltzein, teaches the pulse indication light further comprising a light emitting diode (paragraphs [0047]-[0048], claim 28; as shown in Figure 2; as taught by Saltzein).
Regarding claim 15, Klimek, in view of Saltzein, teaches wherein the pulse indication light is controlled by the central processing unit (paragraphs [0047]-[0048], claim 28; as shown in Figure 2; as taught by Saltzein).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over , Klimek, in view of Saltzein, as applied to claim 1 above, and further in view of US 20160270730 A1 (hereinafter referred to as “Shigenaga”).
Regarding claim 6, , Klimek, in view of Saltzein, does not explicitly teach further comprising a switch being electronically coupled to the central processing unit, the switch being actuatable to turn the central processing unit on or off, the switch being mounted to the housing.
However, Shigenaga, an optical sensor device, teaches further comprising a switch being electronically coupled to the central processing unit, the switch being actuatable to turn the central processing unit on or off, the switch being mounted to the housing (paragraph [0030]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of , Klimek, in view of Saltzein, to include an on/off switch, as taught by Shigenaga, because doing so allows the user to turn off the device, thus conserving energy.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over , Klimek, in view of Saltzein, as applied to claim 1 above, and further in view of US 20180075199 A1 (hereinafter referred to as “Meyerson”).
Regarding claim 7, Klimek, in view of Saltzein, does not explicitly teach further comprising a transducer connection port being positioned on the perimeter wall, the transducer connection port being electronically coupled to the central processing unit, the transducer connection port being configured to receive a transducer cord.
However, Meyerson teaches comprising a transducer connection port being positioned on the perimeter wall, the transducer connection port being electronically coupled to the central processing unit, the transducer connection port being configured to receive a transducer cord (paragraph [0042], [0038]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of , Klimek, in view of Saltzein, to have a transducer cord, as taught by Meyerson because doing so ensures information is capable of being transferred to an external device.
Claim(s) 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over , Klimek, in view of Saltzein, as applied to claim 1 above, and further in view of US 5830136 A (hereinafter referred to as “Delonzor”).
Regarding claim 8, , Klimek, in view of Saltzein, does not explicitly teach further comprising an adhesive gel pad covering the bottom side.
Delonzor, an optical sensor device, teaches further comprising an adhesive gel pad covering the bottom side (15; column 3, line 9-17; as shown in Figure 3). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of , Klimek, in view of Saltzein, to use a gel pad, as taught by Delonzor, because a gel layer is desirable for patients with sensitive skin.
Regarding claim 9, Klimek, in view of Saltzein and Delonzor, teaches wherein the adhesive gel pad is latex free (column 3, line 24-38; as taught by Delonzor).
Regarding claim 10, Klimek, in view of Saltzein and Delonzor, teaches further comprising a cover being removably affixed to the adhesive gel pad (40; column 3, line 9-17; as shown in Figure 3; as taught by Delonzor).
Regarding claim 11, Klimek, in view of Saltzein and Delonzor, teaches wherein the cover extends across the bottom side and the bottom wall when the cover is affixed to the adhesive gel pad (as shown in Figure 3; as taught by Delonzor).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klimek, in view of Saltzstein, Shigenga, and Delonzor
Regarding claim 16, Klimek, a PPG apparatus, teaches a heartbeat sensor device (paragraph [0043) comprising:
a housing (104; paragraphs [0041]-[0045], [0082]; as shown in Figures 2-3, 6, 12) having a bottom wall and a perimeter wall being attached to and extending upwardly from the bottom wall, the perimeter and bottom walls bounding an interior space (as shown in Figures 2-3, 6, 12);
a central processing unit being positioned within the interior space (paragraph [0045], [0082]);
a battery being electronically coupled to the central processing unit, the battery being positioned within the interior space (paragraph [0043], [0082]);
a photoplethysmograph sensor being positioned within the interior space, the photoplethysmograph sensor extending through and being directed outwardly away from the bottom wall wherein the bottom wall extends fully around a perimeter edge of the photoplethysmography sensor, the photoplethysmograph sensor being electronically coupled to the central processing unit (paragraph [0043]-[0045], [0082]; as shown in Figure 2, 6, 12);
the photoplethysmography sensor being configured to measure a pulse (paragraph [0043]); and
a band being attached to the housing, the band having a top side and a bottom side, the bottom side being aligned with the bottom wall of the housing, the bottom side extending fully around an outer edge of the bottom wall wherein the bottom wall of the housing and the photoplethysmograph sensor are each exposed whereby both the bottom wall and the photoplethysmograph sensor are configured for direct contact with skin of a user, the band being configured for positioning on a neck of the user wherein the photoplethysmograph sensor is configured for positioning over a carotid artery of the user (as shown in Figures 2-3, 6, 12);
the band having a first end and a second end, the housing being positioned between the first end and the second end (as shown in Figures 2-3, 6, 12);
but does not explicitly teach a pulse indication light being positioned within the interior space, the pulse indication light being directed outwardly away from the perimeter wall, the pulse indication light being electronically coupled to the central processing unit; and the central processing unit being configured to synchronously illuminate the pulse indication light with the pulse; a switch being electronically coupled to the central processing unit, the switch being actuatable to turn the central processing unit on or off, the switch being mounted to the housing, the switch being positioned on the top wall; an adhesive gel pad covering the bottom side, the adhesive gel pad being latex free; and a cover being removably affixed to the adhesive gel pad, the cover extending across the bottom side and the bottom wall when the cover is affixed to the adhesive gel pad
However, Saltzein, a patient status sensor, teaches a pulse indication light being positioned within the interior space, the pulse indication light being directed outwardly away from the perimeter wall, the pulse indication light being electronically coupled to the central processing unit (paragraphs [0047]-[0048], claim 28; Figure 2) and the central processing unit being configured to synchronously illuminate the pulse indication light with the pulse (paragraph [0047]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Klimek, to have a pulse indication light, as taught by Saltzein, because doing so provides an indicator to the user of the heart rate status.
Shigenaga, an optical sensor device, teaches a switch being electronically coupled to the central processing unit, the switch being actuatable to turn the central processing unit on or off, the switch being mounted to the housing, the switch being positioned on the top wall (paragraph [0030]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Klimek, in view of Saltzein, to include an on/off switch, as taught by Shigenaga, because doing so allows the user to turn off the device, thus conserving energy.
Delonzor, an optical sensor device, teaches an adhesive gel pad covering the bottom side, the adhesive gel pad being latex free (15; column 3, line 9-38; as shown in Figure 3); and a cover being removably affixed to the adhesive gel pad, the cover extending across the bottom side and the bottom wall when the cover is affixed to the adhesive gel pad (40; column 3, line 9-38; as shown in Figure 3). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Klimek, in view of Saltzein and Delonzor, to use a gel pad, as taught by Delonzor, because a gel layer is desirable for patients with sensitive skin.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klimek, in view of Meyerson.
Regarding claim 17, Klimek, a PPG apparatus, teaches a heartbeat sensor device (paragraph [0043) comprising:
a housing (104; paragraphs [0041]-[0045], [0082]; as shown in Figures 2-3, 6, 12) having a bottom wall and a perimeter wall being attached to and extending upwardly from the bottom wall, the perimeter and bottom walls bounding an interior space (as shown in Figures 2-3, 6, 12);
a central processing unit being positioned within the interior space (paragraph [0045], [0082]);
a battery being electronically coupled to the central processing unit, the battery being positioned within the interior space (paragraph [0043], [0082]);
a photoplethysmograph sensor being positioned within the interior space, the photoplethysmograph sensor extending through and being directed outwardly away from the bottom wall wherein the bottom wall extends fully around a perimeter edge of the photoplethysmography sensor, the photoplethysmograph sensor being electronically coupled to the central processing unit (paragraph [0043]-[0045], [0082]; as shown in Figure 2, 6, 12);
the photoplethysmography sensor being configured to measure a pulse (paragraph [0043]); and
an adhesive band being attached to the housing, the adhesive band having a top side and a bottom side, the bottom side being aligned with the bottom wall of the housing, the bottom side extending fully around an outer edge of the bottom wall wherein the bottom wall of the housing and the photoplethysmograph sensor are each exposed whereby both the bottom wall and the photoplethysmograph sensor are configured for direct contact with skin of a user, the band being configured for positioning on a neck of the user wherein the photoplethysmograph sensor is configured for positioning over a carotid artery of the user (paragraphs [0074]-[0075]; as shown in Figures 2-3, 6, 12); but does not explicitly teach a transducer cord being electronically coupled to the photoplethysmogram display screen;
a transducer being in communication with the transducer cord, the transducer being configured to convert a measurement of a pulse to the heart rate, the transducer being in electronic communication with the photoplethysmogram display screen, the transducer being configured to transmit the heart rate to the photoplethysmogram display screen;
a transducer connection port being electronically coupled to the central processing unit, the transducer connection port being configured to receive the transducer cord;
the transducer cord being in communication with the central processing unit, the transducer cord being configured to receive the pulse from the central processing unit, the transducer cord configured to transmit the measurement of the pulse to the transducer.
However, Meyerson teaches a transducer cord being electronically coupled to the photoplethysmogram display screen (paragraph [0042], [0038]); a transducer being in communication with the transducer cord, the transducer being configured to convert a measurement of a pulse to the heart rate, the transducer being in electronic communication with the photoplethysmogram display screen, the transducer being configured to transmit the heart rate to the photoplethysmogram display screen (paragraph [0042], [0038]); a transducer connection port being electronically coupled to the central processing unit, the transducer connection port being configured to receive the transducer cord (paragraph [0042], [0038]); the transducer cord being in communication with the central processing unit, the transducer cord being configured to receive the pulse from the central processing unit, the transducer cord configured to transmit the measurement of the pulse to the transducer (paragraph [0042], [0038]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Klimek, to have a transducer cord, as taught by Meyerson because doing so ensures information is capable of being transferred to an external device.
Response to Arguments
Applicant’s arguments, filed 12/17/2025, with respect to the rejection(s) of claim(s) 1, 16, and 17 under 35 USC 103 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 by Klimek, in view of Saltzein for claim 1, Klimek, in view of Saltzstein, Shigenga, and Delonzor in view of claim 16, and Klimek, in view of Meyerson for claim 17.
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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/ABID A MUSTANSIR/Examiner, Art Unit 3791