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 .
Status of Claims
Claims 1-20 are pending.
Claim Rejections - 35 USC § 102
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.
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.
Claim(s) 1, 8, 11, 12, 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Myslinski [US 20200077946].
As to claim 1. Myslinski discloses A system of wearable devices to be worn by a user comprising:
a first wearable device, [fig. 1, 0036] nano-nodes 100, configured to be worn in contact with the user’s skin, [0052] attached to a human skin, and to measure at least one physiological quantity with respect to the user, [0036, 0046] nano-node 100 comprising biological sensors to acquire health information, wherein the first wearable device comprises a first skin contact electrode configured to be worn in contact with the user’s skin, [0052] the nano-nodes attached to a human skin and use the human body as a communicate channel; [fig. 10, 0133] wherein the nano-nodes communicate through nano-antennas 1002; and
a second wearable device, [fig. 1, 0036] nano-micro interfaces 104, configured to be worn by the user, [fig. 1], wherein the second wearable device comprises a second skin contact electrode configured to be worn in contact with the user’s skin, [fig. 1, 0107] nano-node 100 communicate through skin to a nano-micro interface 104,
wherein the first wearable device is configured to respond to a trigger event determined by the first wearable device with reference to the at least one physiological quantity, [0147] nano-nodes transmit information during a specified event, that includes a physiological data above a threshold, by:
applying an alert signal to the first skin contact electrode, [0152, 0160] nano-node sends out a signal; [0052, 0106, 0138] wherein communication implemented by inducing current using the transceiver to a body; and
measuring a transmission current at the first skin contact electrode, [0152] nano-node 100 receives an acknowledgement (ACK) signal from nano-micro interface 104, the ACK signal transmitted from the interface 104 is interpreted to represent the claimed transmission current, [0106] detected using an analog detector,
wherein the second wearable device is configured to monitor an electrical status of the second skin contact electrode and in response to a determination that the electrical status is indicative of the alert signal being transmitted by the first wearable device, [0106, 0109] receiver receives the signal traveling through the human body to:
apply an alert response signal to the second skin contact electrode, wherein the alert response signal is derived from the alert signal received at the second skin contact electrode, [0152] nano-micro interface 104 sends an ACK signal in response to the received signal from the nano-node; [0052, 0106, 0138] wherein communication implemented by inducing current using the transceiver to a body, and
wherein the first wearable device is configured to determine from a variation in the transmission current measured at the first skin contact electrode, [0106], that the alert response signal has been applied, [0152] nano-node 100 determines if the ACK signal is received.
It is anticipated that the claimed limitation of “measuring a transmission current” and determining the data contained “from the variation in the transmission current measured” is simply “receiving” and “extracting” the data, as described in [0106] “A receiver (e.g., an analog detector) receives the signal traveling through the tissue. … In some embodiments, the nano-node 100 … converts the signal to a digital signal (e.g., using A/D converter) and performs data demodulation, decoding and/or extracting”.
As to claim 8. Myslinski discloses The system as claimed in claim 1, wherein the second wearable device is configured to generate the alert response signal to phase match and amplitude match the alert signal received at the second skin contact electrode, [0101] nano-node 100 and nano-micro interface 104 communicate using the same protocol.
As to claim 11. Myslinski discloses The system as claimed in claim 1, wherein the first wearable device, [0130, 0134] electronic tattoo implemented to perform the same function as the nano-nodes 100 of measuring physiological data of a human and communicate with the components of the system, comprises at least one of: electronic components arranged on a flexible substrate, [0130]; printed electronic components, [0130]; and an energy harvesting component to provide a source of electrical power to the first wearable device, [0134].
As to claim 12. Myslinski discloses A wearable device configured to be worn in contact with a user’s skin comprising:
measurement circuitry configured to measure at least one physiological quantity with respect to the user, [fig. 1, 0036, 0046] nano-node 100 comprising biological sensors to acquire health information;
processing circuitry, [fig. 10, 0134] nano-processor 1006, configured to perform data processing on physiological signals received from the measurement circuitry, [0134]; and
a first skin contact electrode, [fig. 10, 0134] nano-transceiver 1004, configured to be worn in contact with the user’s skin, [0052, 0106],
wherein the processing circuitry is configured to detect a trigger event in dependence on the physiological signals received from the measurement circuitry, [0147] nano-nodes transmit information during a specified event, that includes a physiological data above a threshold, and in response to cause:
an alert signal to be applied to the first skin contact electrode, [0152, 0160] nano-node sends out a signal; [0052, 0106, 0138] wherein communication implemented by inducing current using the transceiver to a body; and
measurement of a transmission current at the first skin contact electrode, [0152] nano-node 100 receives an acknowledgement (ACK) signal from nano-micro interface 104, the ACK signal transmitted from the interface 104 is interpreted to represent the claimed transmission current, [0106] detected using an analog detector, and
wherein the wearable device is configured to determine from a variation in the transmission current measured at the first skin contact electrode caused by an alert response signal applied, [0106], by a further wearable device worn by the user in response to receiving the alert signal, [0152] nano-node 100 determines if the ACK signal is received, which indicates a second device received the alert signal.
It is anticipated that the claimed limitation of “measuring a transmission current” and determining the data contained “from the variation in the transmission current measured” is simply “receiving” and “extracting” the data, as described in [0106] “A receiver (e.g., an analog detector) receives the signal traveling through the tissue. … In some embodiments, the nano-node 100 … converts the signal to a digital signal (e.g., using A/D converter) and performs data demodulation, decoding and/or extracting”.
As to claim 14. Myslinski discloses A method of operating a system of wearable devices worn by a user comprising:
wearing a first wearable device, [fig. 1, 0036] nano-nodes 100, in contact with the user’s skin, [0052] attached to a human skin, wherein the first wearable device comprises a first skin contact electrode configured to be worn in contact with the user’s skin, [0052] the nano-nodes attached to a human skin and use the human body as a communicate channel; [fig. 10, 0133] wherein the nano-nodes communicate through nano-antennas 1002;
measuring with the first wearable device at least one physiological quantity with respect to the user, [0036, 0046] nano-node 100 comprising biological sensors to acquire health information;
wearing a second wearable device, [fig. 1, 0036] nano-micro interfaces 104, wherein the second wearable device comprises a second skin contact electrode configured to be worn in contact with the user’s skin, [fig. 1, 0107] nano-node 100 communicate through skin to a nano-micro interface 104;
responding to a trigger event determined by the first wearable device with reference to the at least one physiological quantity, [0147] nano-nodes transmit information during a specified event, that includes a physiological data above a threshold, by:
implementing the method as claimed in claim 1, which is rejected using the same prior arts and reasoning as to that of claim 1.
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 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) 2, 3, 13, 15, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Myslinski .
As to claim 2. Myslinski discloses The system as claimed in claim 1, wherein the first wearable device is responsive to the determination that the alert response signal has been applied to the second skin contact electrode by the second wearable device to:
cease applying the alert signal to the first skin contact electrode, [0152] send a signal and wait for ACK signal; and
initiate transmission of user data derived from measurement of the at least one physiological quantity, [0152],
wherein the transmission of the user data is encoded in a user data transmission signal applied to the first skin contact electrode, [0052, 0106, 0152],
wherein the user data transmission signal further encodes error detection data for the user data, [0149].
Myslinski fails to disclose that the error detection data is checksum data.
One of ordinary skill in the art can easily understand that there are finite methods of implementing error detection is data communication; wherein a checksum is one of the easiest ways of detecting error in the data transmission; wherein selecting one method of error detection depends on the complexity of the data and cost of the data transmission.
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Myslinksi to select a checksum as one of the error detection methods as nothing but selecting one of finite ways of performing an error detection to solve the same problem.
As to claim 3. Myslinski discloses The system as claimed in claim 2, wherein the second wearable device is configured to further monitor the electrical status of the second skin contact electrode and to receive the user data transmission signal, [0106], wherein the second wearable device is configured to process the user data and the checksum data derived from the user data transmission signal and thereby to generate a determination of whether the user data transmission signal has been received correctly, [0106] receiver receives the signal and performs data extraction, and [0149] error detection.
As to claim 13. Myslinski discloses A wearable device configured to be worn by a user comprising:
a second skin contact electrode configured to be worn in contact with the user’s skin, [fig. 1, 0107] nano-node 100 communicate through skin to a nano-micro interface 104;
a reception circuitry configured to monitor an electrical status of the second skin contact electrode, [0106, 0109] receiver receives the signal traveling through the human body;
wherein the wearable device is configured, in response to a determination that the electrical status is indicative of an alert signal being transmitted by a further wearable device worn by the user to:
apply an alert response signal to the second skin contact electrode, [0152] nano-micro interface 104 sends an ACK signal in response to the received signal from the nano-node,
wherein the alert response signal is derived from the alert signal received at the second skin contact electrode and is generated to cause a variation in a transmission current at a first skin contact electrode of the further wearable device, [0052, 0106, 0138] wherein communication implemented by inducing current using the transceiver to a body.
Myslinski fails to explicitly disclose wherein the reception circuitry is voltage monitoring circuitry, and the transmission circuitry is a voltage application circuitry.
Myslinski, in [0106], teaches that signal transmission is performed by inducing an electrical current the human body, by using a current-controlled coupler attached to the user’s body; wherein [0106], a receiver receives the signal traveling through the tissue.
It is required for the receiver to measure the received signal to determine the content of the received signal and determine if it is an actual communication signal or just noise.
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Myslinski that the transceiver circuit measures the received signal to determine the content of the received signal as nothing but a standard method of electrical communication.
As to claims 15-16 are rejected using the same prior arts and reasoning as to that of claims 2-3, respectively.
Claim(s) 4-5, 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Myslinski in view of Varanasi et al. [US 20200045533].
As to claim 4. Myslinski fails to disclose The system as claimed in claim 3, wherein the second wearable device is responsive to the determination indicating that the user data transmission signal has been received correctly to: apply a user data response signal to the second skin contact electrode, wherein the user data response signal is derived from the user data transmission signal received at the second skin contact electrode, and wherein the first wearable device is configured to determine whether the user data response signal has been applied to the second skin contact electrode by the second wearable device in dependence on a measurement of a variation of the transmission current at the first skin contact electrode whilst the user data transmission signal is applied to the first skin contact electrode.
Varanasi teaches a communication system between medical devices, including wearable patches [0031], and gateways; wherein after receiving a data, the receiver determines if there is a communication loss, and sends an ACK signal, [fig. 4, 0060]; wherein the reception of the ACK avoids re-transmitting, [0069].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Myslinski with that of Varanasi so that the system can determine if there is a data loss and retransmit the data.
As to claim 5. Myslinski fails to disclose The system as claimed in claim 4, wherein the first wearable device is responsive to the determination that the user data response signal has been applied to the second skin contact electrode by the second wearable device to: cease applying the user data transmission signal to the first skin contact electrode.
Varanasi teaches a communication system between medical devices, including wearable patches [0031], and gateways; wherein after receiving a data, the receiver determines if there is a communication loss, and sends an ACK signal, [fig. 4, 0060].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Myslinski with that of Varanasi so that the system can save on transmission power.
As to claims 17-18 are rejected using the same prior arts and reasoning as to that of claims 2-5, respectively.
Allowable Subject Matter
Claims 6, 7, 9, 10, 19, 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 09/18/2025 have been fully considered but they are not persuasive.
Argument 1: Myslinski does not disclose “measuring a transmission current at the first skin contact electrode” and “determining from a variation in the measured current [at the first skin contact electrode] that the alert response signal has been applied”.
Response 1: The above claimed limitations simply amount to “receiving” a signal. The basic implementation of receiving an electrical signal requires detecting and measuring a current at the receiving antenna, and determining the received data based on the variations of the measured signal, as described in Myslinski [0106] as “A receiver (e.g., an analog detector) receives the signal traveling through the tissue. … In some embodiments, the nano-node 100 … converts the signal to a digital signal (e.g., using A/D converter) and performs data demodulation, decoding and/or extracting”.
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 BENYAM HAILE whose telephone number is (571)272-2080. The examiner can normally be reached 7:00 AM - 5:30 PM Mon. - Thur..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached at (571)270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Benyam Haile/Primary Examiner, Art Unit 2688
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