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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/17/2026 has been entered.
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 1-8 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 Claims 9-22 are cancelled and claims 23-28 are withdrawn from consideration as being directed to a non-elected invention.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 Watterson (US 20150253736) and Jariwala (US 20220265214)
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 and is configured to install the pod (“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).
Further, Lee also teaches (“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]; insert the pod from either opening of the top or bottom as shown in figs 2 and the associated pars; Also see figs below showing the feature).
As can be factually seen above, Lee teaches all the newly amended claimed limitations under broadest reasonable interpretation. Yet, if one argues in a narrower interpretation that the interface and the features are not taught (which the office does not concede), the below reference is brought in to show the narrow interpretation in an effort to provide compact prosecution.
However, in the same field of endeavor, Watterson teaches mechanism for attaching the latch side 128 to the holder 122 may be used in accordance with the principles described in the present disclosure. In some examples, a locking component, such as a detent, is formed on the holder 122 which is configured to interlock with the watch portion 116. In other examples, the detent is formed in the watch portion 116 and is configured to interlock with the holder 122. In other examples, a magnetic component may be included in either the holder 122 or in the watch portion 116. In such an example, as the magnetic component is brought closer to the holder 122 or the watch portion 116, the magnetic component magnetically attracts the holder 122 or the watch portion 116 and holds the holder 122 or watch portion 116 in place through a magnetic connection. In yet another example, the size and/or shape of the watch portion 116 may be compressively held between the inner walls 125 of the holder 122. Such a compression fit may secure the watch portion 116 to the holder 122 [0126].
PNG
media_image1.png
421
393
media_image1.png
Greyscale
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 as taught by Watterson because it provides a light weight wrist wearable instrument ([0002] of Watterson).
Further, if one argues in a narrower interpretation that the interface and the features are not taught (which the office does not concede), the below reference is brought in to show the narrow interpretation of “securement element, wherein the securement element is a ring disposed in the strap” in an effort to provide compact prosecution.
Jariwala, in the same field of endeavor, teaches the wearable band 250 includes a band coupling surface 251, slip-resistant protuberances 254, pogo pins 255a, 255b (collectively referred to as pogo pins 255), a buckle 256 [0031]. he central pod 210 can have any of the same capabilities as the central pod 110 described above with reference to FIG. 1. As shown, the central pod 210 can be removably coupled to the wearable band 250. The coupling between the central pod 210 and the wearable band 250 can be achieved by joining central pod coupling surface 211 and the wearable band coupling surface 251 [0032].
PNG
media_image2.png
217
507
media_image2.png
Greyscale
PNG
media_image3.png
361
400
media_image3.png
Greyscale
It would also 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 a ring being disposed in the strap as a securement element as taught by Jariwala because they often have to be removed for charging and/or for data downloads/uploads which the ring helps with this process ([0003] of Jariwala).
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 Watterson and Jariwala 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 Watterson and Jariwala 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.
Regarding the election restriction the applicant argues the following;
The Examiner withdrew newly added claims 23-28 as being directed to a non-elected invention. Applicant respectfully traverses the restriction requirement. The inventions are not independent or distinct. Claims 23-28 merely provide additional details of the same heart rate monitor pod and strap assembly originally claimed and searched (e.g., the internal cavity components and 6-axis IMU for detecting user movement/repetitions/steps during heart-rate monitoring). The added limitations do not introduce a new invention but rather further define the elected embodiment. No search burden exists because the features are integral to the pod's operation as a wearable heart rate monitor. Should the Examiner maintain the restriction, Applicant requests a detailed explanation of the alleged distinction.
Initially, it is noted that in response to the restriction requirement mailed on 5/8/2025, the applicant chose to prosecute claim 1-8 which the applicant received an office action (i.e., election by original presentation). Those claims along with their features as presented nt the form of depending claims were all examined on their merits. Further, as per MPEP, the applicants are not permitted to shift to claim another invention after an election is made and an Office action on the merits is made on the elected invention (see MPEP 819).
Since those claims 23-28 were the applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits and the by the response to the restriction requirment.
In addition, claims 23-28 as added after receiving an office action were added and claims are directed to subject matter that was not originally searched and considered for e.g., housing define an internal cavity, and wherein the internal cavity includes: a light emitting diode (LED) bracket assembly; an LED flexible printed circuit; an inner frame; a printed circuit board assembly; a battery; a sponge; a vibrator; and a sensor; and wherein the pod comprises: an inertial measurement unit (IMU) having a 6-axis configuration, wherein the IMU is configured to detection a repetition or step performed by a user of the heart rate monitor.
Therefore, claims 23-28 were withdrawn from further consideration.
It is suggested that the applicant may choose to consider adding those features as depending claims to the independent claim 1 via amendments.
Conclusion
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SERKAN AKAR/ Primary Examiner, Art Unit 3797
Prosecution Insights