DETAILED ACTION
This action is pursuant to the claims filed on February 2, 2024. Claims 1-12 are pending. A first action on the merits of claims 1-12 is as follows.
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 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 2-3 and 11 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 2 recites “a plurality of curved protrusions”. However, it is unclear if “the curved protrusion” of claim 1 is one of or different from the plurality of curved protrusions.
Claim 3 recites “a plurality of electrodes”. However, it is unclear if “the electrode” of claim 1 is one of or different from the plurality of electrodes.
Regarding claim 11, the phrase "optionally" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 and 8-11 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Quinlan et al. (hereinafter ‘Quinlan’, EP 3 370 598).
In regards to independent claim 1, Quinlan discloses a sensor patch (health monitor patch 100 in Fig. 1) configured to be positioned on a user by means of a belt, wherein the sensor patch is designed to be separable from the belt (this limitation is directed to intended use and the patch 100 is capable of being disposed under a belt which would meet this limitation), the sensor patch comprising:
a first side (surface of the patch 100 comprising an adhesive surface 152 as shown in Fig. 1C) having an electrode configured to contact a user’s skin (one of the electrodes 160a & 106b are configured to attach to a subject’s skin, [0032]), and
a second side (upper surface comprising first and second end regions 110a and 110b and open center 120, and flexible ribs 107) opposed to the first side, the second side having a curved protrusion located opposite to a part on the first side where the electrode is positioned (the first and second end regions 110a and 110b are curved and opposite to electrodes 160a and 160b).
Although Quilan does not disclose a belt, it is the Examiner’s position that the device of Quinlan is suitable to be placed under a belt such that the belt may slide over the curved protrusions (first and second regions 110a & 110b). Furthermore, the belt placed directly upon the device of Quilan would also exert a normal force mainly where the electrode is positioned since the belt would engage with the curved protrusions of Quilan to produce a friction force between the electrode and the user’s skin.
In regards to claim 2, Quilan further discloses wherein the second side has a plurality of curved protrusions (the upper surface comprises two curved protrusions, 110a and 110b as shown in Fig. 1B).
In regards to claim 3, Quilan further discloses wherein the first side has a plurality of electrodes (electrodes 160a and 160b in Fig. 1C) and the second side has a corresponding plurality of curved protrusions respectively located opposite the electrodes (the first and second end regions 110a and 110b are curved and opposite to electrodes 160a and 160b).
In regards to claim 4, Quilan further discloses wherein: the sensor patch comprises a first friction element on the first side (the lower surface comprises an adhesion surface 152 which is considered a frictional element to prevent moving of the patch 100).
In regards to claim 5, Quilan further discloses the first friction element on the first side is located next to the electrodes (the adhesion surface 152 surrounds the electrodes 160a and 160b in Fig 1C).
In regards to claim 6, Quilan further discloses the sensor patch as a lateral extension provided with a further electrode (the two electrodes 160a and 160b in Fig. 1Care laterally extended from the center of the lower surface of the path; therefore, the adhesive surface 152 comprising the other electrode of 160a and 160b is interpreted to be the lateral extension).
In regards to claim 8, Quilan further discloses wherein the sensor patch is flexible ([0012]: “In some embodiments, the health-monitor patch comprises a flexible and waterproof strip”).
In regards to claim 9, Quilan further discloses wherein the curved protrusion comprises a low friction material ( [0016]: “The flexible strip assembly [105 in Fig. 1A-1B] may comprise a flexible polymer such as, but not limited to, silicone”).
In regards to claim 10, Quilan further discloses the second side has a plurality of curved protrusions that are separated from each other, and are separably or inseparably attached to the first side (the portions 110a and 110b of the flexible and waterproof strip 105 in Fig. 1A-1B are separated from each other by a distance and are separable from a replaceable electrode strip 152), and wherein the first side is partly or solely made of a flexible material ([0017]-[0018]: the replaceable electrode strip is peeled off of the lower surface of the flexible strip assembly 105 and the adhesion surface 152 is flexible comprising flexible electrodes and flexible adhesive layer).
In regards to claim 11, Quilan further discloses the sensor patch comprises a motion sensor ([0026]: “In operation, a health-monitor patch may collect physiological data (e.g., cardiac data, temperature data, blood oxygenation data, etc.) and/or motion data (e.g., accelerometer data) from one or more of its sensors.”).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Quinlan as applied to claim 1 above, and further in view of Otero (U.S. Pat. No. 5,197,471).
In regards to claim 7, Quilan discloses the invention substantially as claimed in claim 1 and discussed above.
However, Quilan does not disclose wherein the lateral extension comprises a second friction element on the first side.
Otero discloses an electrode for medical use for recording biopotentials on a skin surface of a human body (see Fig. 1-3, & 17). Specifically, Otero discloses providing friction elements along a bottom surface on an electrode to penetrate and stay anchored within the skin (col. 2, ln. 45-49: “FIG. 1 shows a view of the bottom part of an electrode without protective foil, including an electroconductive circular plate 1, with a plurality of sharp end bosses radially aligned and with conical, pyramidal or truncated end shape 2”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to modify the electrode along the first surface of Quilan and incorporate a plurality of sharp end bosses radially aligned and with conical, pyramidal, or truncated end shape as taught by Otero so that the electrodes is configured to penetrate and stay anchored within the skin (abstract).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Dawson (U.S. PGPub. No. 2014/0062508) and further in view of Quinlan.
In regards to claim 12, Dawson discloses a system (see Figs. 4A-4B) comprising:
a belt (belt 50 in Fig. 4A and 4B, [0085]), and
a sensor patch (sensor device 312 in Figs. 4A and 4B), wherein the sensor patch is separable from the belt (note that the sensor 312 is capable of being separable to the belt 50).
However, Dawson fails to disclose the sensor patch as claimed in claim 1.
Quinlan discloses a sensor patch (health monitor patch 100 in Fig. 1), the sensor patch comprising: a first side (surface of the patch 100 comprising an adhesive surface 152 as shown in Fig. 1C) having an electrode configured to contact a user’s skin (one of the electrodes 160a & 106b are configured to attach to a subject’s skin, [0032]), and a second side (upper surface comprising first and second end regions 110a and 110b and open center 120, and flexible ribs 107) opposed to the first side, the second side having a curved protrusion located opposite to a part on the first side where the electrode is positioned (the first and second end regions 110a and 110b are curved and opposite to electrodes 160a and 160b).
Given that Dawson discloses that placing a sensor patch under a belt provides tension against a sensor patch for better contact with skin ([0071]), it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the sensor patch of Dawson with the sensor patch of Quilan as doing so provide the same result of providing tension against the sensor patch of Quilan for better contact against the skin ([0071]) and substitution of one known sensor patch with another known sensor patch involves routine skilled in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EUNHWA KIM whose telephone number is (571)270-1265. The examiner can normally be reached 9AM-5:30PM.
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/EUN HWA KIM/Primary Examiner, Art Unit 3794 12/19/2025
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