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
This action is in response to the remarks filed on 4/17/2026.
The amendments filed on 4/17/2026 have been entered. Accordingly claims remain pending 1-2, 4-8 and 23-28. Claims 9-22 are cancelled and claims 23-28 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
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.
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.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 20160192716) in view of Fyfe (US20160317089A1).
Regarding claim 1, Lee teaches a heart rate monitor (“the sensor pod 100 can optionally include a digital display that can be used, e.g., to display the time, date, day of the week and/or the like, and can also be used to display activity and/or physiological metrics, such as, but not limited to, heart rate (HR), heart rate variability (HRV)” [0023]), comprising:
a strap (202) comprising a securement element (“FIG. 2B illustrates the wrist band 202 with the sensor pod 100 secured within the opening 204” [0027]; “elastic ring 700 [securement element] is shown as being attached to piece of fabric 720” [0067]; “adaptor 1200 includes an elastic ring 1207 [securement element] having an opening 1204” [0079]) securement element, wherein the securement element is a ring disposed in the strap (“the apparatus comprises an elastic ring having an inner circumference slightly smaller than an outer circumference of the groove in the outer circumference of the sensor pod. The apparatus can also include a slit extending from an outer circumference of the elastic ring toward, but not all the way to, the inner circumference of ring, wherein a portion of fabric is insertable into the slit [i.e., detent], at which point, a peripheral portion of the elastic ring can be sewn or otherwise attached to the fabric. In another embodiment, the adaptor includes a support ring adapted to be sewn to the elastic ring” abst; “adaptor 1200 includes an elastic ring 1207 [securement element] having an opening 1204” [0079]); and
a pod (sensor pod 100) releasably coupled to the securement element and configured to detect a heart rate of a user (“The sensor pod 100 can alternatively be placed in a similar opening in a chest strap, headband, swim cap, arm band, or some other user wearable band, strap, article of apparel or device” [0027]; “heart rate (HR), heart rate variability (HRV)” [0023]),
an interface between the pod and the securement element (“The housing 102 also includes a groove 112 within and extending about the peripheral surface 110” [0020]),
wherein the interface includes a detent (“a wrist band 202 that includes an opening 204 into which the groove 112 of the sensor pod 100 fits to secure sensor pod 100 in place” [0027]; The first portion 1201 of the lapel adaptor 1200 includes an elastic ring 1207 having an opening 1204. The elastic ring 1207 is shown as having oval or elliptical shape and generally has the same shape as the circumferential surface 110 of the sensor pod 100. In accordance with an embodiment, an inner circumference of the elastic ring 1207 is slightly smaller than the outer circumference of the groove 112 in the circumferential surface 110 of the sensor pod 100. This enables the groove 112 in the sensor pod 100 to be snapped into the opening 1204 in the elastic ring 1207 and held in place [0079]. FIG. 12B is a perspective view of the lapel adaptor 1200 with the sensor pod 100 snapped into the opening in the elastic ring 1207 of the first portion 1201 of the lapel adaptor 1200. FIG. 12C is a side view of the lapel adaptor 1200 with the sensor pod 100 snapped into the opening in the elastic ring 1207 of the first portion 1201 of the lapel adaptor 1200 [0080]) from a bottom of the strap and release the pod from a top of the strap (here it is noted that due to the broad nature of the claimed limitations, Lee also teaches “Referring to FIG. 7A, an elastic ring 700 is shown as being attached to piece of fabric 720 such that an opening in the fabric is aligned with an opening 704 in the elastic ring 700. The elastic ring 700 is shown as having oval or elliptical shape and generally has the same shape as the circumferential surface 110 of the sensor pod 100” [0067], which under the BRI, one can install the pod from bottom up or bottom down for that matter) disposed in the ring and a recess in the pod shaped to interface with the detent, and wherein the interface is configured to install the pod from a bottom of the strap and to release the pod from a top of the strap (“apparatus comprises an elastic ring having an inner circumference slightly smaller than an outer circumference of the groove in the outer circumference of the sensor pod. The apparatus can also include a slit extending from an outer circumference of the elastic ring toward, but not all the way to, the inner circumference of ring” abst).
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The housing 102 also includes a groove 112 [0020]. FIG. 2A illustrates a wrist band 202 that includes an opening 204 into which the groove 112 of the sensor pod 100 fits to secure sensor pod 100 in place. FIG. 2B illustrates the wrist band 202 with the sensor pod 100 secured within the opening 204 [0027]. the sensor pod 100 is inserted within an opening in a wrist band (e.g., 202 in FIGS. 2A and 2B), chest band or other apparel that enables a user to wear the sensor pod 100 [0029]. The elastic ring 700 is shown as having oval or elliptical shape and generally has the same shape as the circumferential surface 110 of the sensor pod 100. In accordance with an embodiment, an inner circumference 702 of the elastic ring 700 is slightly smaller than the outer circumference of the groove 112 in the circumferential surface 110 of the sensor pod 100. This enables the groove 112 in the sensor pod 100 to be snapped into the opening 704 in the elastic ring 700 and held in place, e.g., against the skin of a user wearing the article of apparel or clothing that includes the piece of fabric 720 [0067].
It can be seen above that Lee teaches the strap along with the ring where the pod having a groove (recess) that snaps in to the elastic securement strap which would allow the pod to be installed in any direction (top to bottom and bottom to top).
Therefore, It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of Lee to disposed in the ring and a recess in the pod shaped to interface with the detent, and wherein the interface is configured to install the pod from a bottom of the strap and to release the pod from a top of the strap because one of ordinary skill in the art would have been capable of applying this known method of enhancement to a “detent to be installed one way and released the other” device (method, or product) in the prior art and the results would have been predictable to one of ordinary skill in the art in light of the MPEP 2143.
Further, Fyfe also teaches sensors used to measure biometrics of a user [0002]. FIG. 4 shows one exemplary band formed with a pliable loop for securing to an appendage (e.g., an arm, wrist, ankle, or leg) of the user, wherein the loop is formed with an opening shaped and sized to capture the sensor pod of FIG. 1 using a groove or indentation around the pod [0009]. A method of attaching the pod to a wearable piece of clothing, accessory or attachment point including: (a) Snap-On with knobby post/cavity, (b) ring segment securing to a groove or indentation around the pod, (c) pliable loop securing to a groove or indentation around the pod, (d) magnetics, (e) post through one or more holes in the pod, with the holes being along any axis, (f) form-fitting overmold, (g) tension strap pressed into a cavity on the surface of the pod [0031]. FIG. 4 shows one exemplary band 400 formed with a pliable loop 402 for securing to an appendage (e.g., an arm, wrist, ankle, or leg) of the user, wherein loop 402 is formed with an opening 404 shaped and sized to capture sensor pod 102 using a groove or indentation around the pod. Band 400 has a stretchable loop that may be slightly expanded to receive pod 102 such that when the stretchable loop is released, band 400 tightly grips pod 102. Band 400 may be worn on a user's wrist pod, a user's arm band, a user's anklet, and so on [0143].
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It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the of Fyfe to disposed in the ring and a recess in the pod shaped to interface with the detent, and wherein the interface is configured to install the pod from a bottom of the strap and to release the pod from a top of the strap because one of ordinary skill in the art would have been capable of applying this known method of enhancement to a “detent to be installed one way and released the other” device (method, or product) in the prior art and the results would have been predictable to one of ordinary skill in the art in light of the MPEP 2143.
Regarding claim 2, Lee teaches the securement element is a ring disposed in the strap (“wrist band 202 that includes an opening 204 into which the groove 112 of the sensor pod 100 fits to” [0027]); and
the pod is snap fitted to the ring to releasably couple the pod to the strap (“The opening in the pocket can also enable the groove 112 in the sensor pod 100 to be snapped into a correct position and held in place against a user's skin.” [0027]).
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Fyfe as applied to claim 1 above and further in view of Magniez et al (US 20150272458).
Regarding claim 4, the above noted combination teaches all the claimed limitation except for a top housing comprising a button.
However, in the same field of endeavor, Magniez teaches a top housing comprising a button (e.g., “a user input device, e.g. four-way button 506” [0058]).
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with button as taught by Magniez because it provides an improved heart rate monitor and strap for mounting a heart rate monitor or similar device. ([0007] of Magniez).
Regarding claim 5, the above noted combination teaches wherein the sensor lens is disposed in a sensor body shaped to interface with a charger to align the one or more charger contacts of the pod with the charger (see fig. 5A and 1C and the associated pars.).
Regarding claim 6, the above noted combination teaches all the claimed limitation except for a top housing comprising a button.
However, in the same field of endeavor, Magniez teaches a top housing comprising a button (e.g., “a user input device, e.g. four-way button 506” [0058]).
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with button as taught by Magniez because it provides an improved heart rate monitor and strap for mounting a heart rate monitor or similar device. ([0007] of Magniez).
Regarding claim 7, the above noted combination teaches all the claimed limitation except for wherein the pod comprises at least one of a vibrator configured to provide haptic feedback to the user or an inertial measurement unit configured to detect a movement of the pod.
However, in the same field of endeavor, Magniez teaches the OHR sensor may comprise an audio output, e.g. a beeper, and/or a haptic output, e.g. a vibrator, to alert a user to changes in the HR data [0026]).
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with vibrator configured to provide haptic feedback as taught by Magniez because it provides an improved heart rate monitor and strap for mounting a heart rate monitor or similar device. ([0007] of Magniez).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Fyfe as applied to claim 1 above and further in view of Breslow et al (US 20160374569).
Regarding claim 8, the above noted combination teaches all the claimed limitation except for a clasp.
However, in the same field of endeavor, Breslow teaches FIG. 1, the strap 102 of the bracelet may have a wider side and a narrower side. In one embodiment, a user may simply insert the narrower side into the thicker side and squeeze the two together until the strap is tight around the wrist, as shown in FIG. 5. To remove the strap, a user may push the strap further inwards, which unlocks the strap and allows it to be released from the wrist. In other embodiments, various other fastening means may be provided. For example, the fastening mechanism may include, without limitation, a clasp, clamp, clip, dock, friction fit, hook and loop, latch, lock, pin, screw, slider, snap, button, spring, yoke, and so on.
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with clasp as taught by Breslow because it helps to obtain accurate instrumentation and quantification of physical recovery resulting from sleep. ([0002] of Breslow).
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SERKAN AKAR whose telephone number is (571)270-5338. The examiner can normally be reached 9am-5pm M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koharski can be reached at 571-272 7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SERKAN AKAR/ Primary Examiner, Art Unit 3797
