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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 2, 2026 has been entered.
Response to Amendment
The amendment filed March 2, 2026 has been entered. Claims 1-13 are pending.
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.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over:
Mort (US 20240164349 A1) (hereinafter – Mort) (disclosed by Applicant) in view of
Cobbett et al. (US 20160136882 A1) (hereinafter – Cobbett) in further view of
Tordella et al. (US 7871387 B2) (hereinafter – Tordella) in further view of
Grassl (US 20090043215 A1) (hereinafter – Grassl).
Re. Claim 1: Mort teaches a heart rate monitor device (Abstract),
comprising:
a heart rate sensor configured to contact a tail of an equine (Abstract; Fig. 2),
wherein the heart rate sensor comprises:
an optical heart rate module (OHR) configured to:
output light into skin of the equine (Paragraph 0031: “For example, heart rate can be measured via an LED light (the LED can see through the animal's skin to measure blood flowing through veins) or an electrode”);
receive reflected light (Paragraph 0030: “LED sensor hub 58”); and
convert the reflected light into electrical signals (Paragraph 0031; Examiner notes that this is an implicit step in processing LED light signals in order to process such data to obtain a heart rate); and
a transmitter configured to wirelessly transmit heart rate data based on the electrical signals (Paragraphs 0033, 0035: transfer of obtained data via BLUETOOTH® or LORAWAN®); and
a strap configured to:
removably receive the heart rate sensor (Fig. 8A: band 14 receiving hardware portion 12; Fig. 9C: band including securing mechanism 20); and
removably couple to the tail of the equine (Fig. 2).
Mort does not disclose the invention wherein the strap is tapered such that a circumference of the strap decreases outwardly along the tail to accommodate a decreasing circumference of the tail.
Cobbett teaches analogous art in the technology of apparel configured to retain an electronic module (Paragraph 0004), including heart rate measuring systems (Paragraph 0152). Cobbett further teaches the invention wherein the strap is tapered to match a patient’s anatomy (Paragraph 0156: band has conical or frustro-conical shape).
It would have been obvious to one having skill in the art before the effective filing date to have modified the strap of Mort to include shaping the profile of the strap as taught by Cobbett, the motivation being that doing so allows the for ease of invention to resist slipping when applied to the target measurement site (i.e., a horse’s tail in Mort’s invention) (Paragraph 0156). Examiner notes that doing so provides a strap that is tapered such that a circumference of the strap decreases outwardly along the tail to accommodate a decreasing circumference of the tail.
Mort as modified by Cobbett does not teach the invention wherein the strap includes first and second attachment portions each formed as a separately manipulable extension extending laterally beyond a common terminal side edge of the strap.
Tordella teaches analogous art in the technology of limb-mounted sleeve devices (Abstract); particularly, mounted using hook-and-loop fasteners (Fig. 1). Tordella further teaches the invention wherein the strap includes first and second attachment portions each formed as a separately manipulable extension extending laterally beyond a common terminal side edge of the strap (Figs. 1, 4A, 4B: apparatus 10 or sleeve 12 comprises at least three pairs of extended straps having hook and loop fasteners 72, 74; see similar structures in Figs. 5A, 5B, 6A, 6B).
It would have been obvious to one having skill in the art before the effective filing date to have modified the strap of Mort as modified by Cobbett to include first and second attachment portions each formed as a separately manipulable extension extending laterally beyond a common terminal side edge of the strap as taught by Tordella, the motivation being that doing so provides more freedom to accommodate joints (e.g., of a tail) or bending of a limb in the space between first and second attachment portions.
Mort as modified by Cobbett and Tordella does not teach the invention wherein the strap includes first and second sets of size indicators, each size indicator corresponding to a respective level of tightness of the strap around the tail.
This aspect is taught by Grassl (Fig. 1B: Examiner notes that the positioning of pad strips 9 can be considered a size indicator; Figs 2A-5B: see also positioning of hook strips 7). It would have been obvious to one having skill in the art before the effective filing date to have modified the appropriate portions of the modification of Tordella to include a plurality of segmented pad strips and/or hook strips as taught by Grassl, the motivation being that doing so provides multiple to fit a variety of circumferences while also reducing amount of material used as compared to a single large area of hook or loop strips.
Mort as modified by Cobbett, Tordella, and Grassl teaches the invention wherein the first attachment portion is engageable with one or more of the size indicators of the first set to establish a first strap circumference at a first longitudinal location along the tail, and the second attachment portion is engageable with one or more of the size indicators of the second set to establish a second strap circumference at a second longitudinal location spaced from the first longitudinal location along the tail (Examiner notes that this is how the device would operate in the combination of references).
Re. Claim 2: Mort as modified by Cobbett, Tordella, and Grassl teaches the invention according to claim 1. Tordella further teaches the wherein each of the first and second attachment portions comprises a hook and loop fastening element configured to configured to engage the corresponding set of size indicators (see citations of rejection of claim 1).
Re. Claim 3: Mort as modified by Cobbett, Tordella, and Grassl teaches the invention according to claim 1. Mort further teaches the invention wherein the strap is elastic (Paragraph 0029: “The band 14 can be made of soft, strong, stretchable material such as, but not limited to, neoprene, elastane (LYCRA®, the Lycra Company), nylon, polypropylene, or others”).
Re. Claim 4: Mort as modified by Cobbett, Tordella, and Grassl teaches the invention according to claim 1. Mort further teaches the invention wherein the strap comprises a cavity configured to receive a portion of a finger or hand (Figs. 8A, 8B, 9A: the space enclosed by the band can be considered a cavity of that band).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over:
Mort (US 20240164349 A1) (hereinafter – Mort) (disclosed by Applicant) in view of
Cobbett et al. (US 20160136882 A1) (hereinafter – Cobbett) in further view of
Tordella et al. (US 7871387 B2) (hereinafter – Tordella) in further view of
Grassl (US 20090043215 A1) (hereinafter – Grassl) in further view of
Nuovo et al. (US 20160022210 A1) (hereinafter – Nuovo).
Re. Claim 5: Mort as modified by Cobbett, Tordella, and Grassl teaches the invention according to claim 1, but does not teach the invention wherein the strap comprises a textured feature configured to prevent the strap from moving down the tail of the equine.
Nuovo teaches analogous art in the technology of wearable physiological sensors (Abstract). Nuovo further teaches the invention wherein the strap comprises a textured feature configured to prevent the strap from moving (Paragraph 0093: “Additionally, the band 812 has a textured interior surface to minimize slipping”).
It would have been obvious to one having skill in the art before the effective filing date to have modified Mort as modified by Cobbett, Tordella, and Grassl to include a textured interior surface of the band taught by Nuovo, the motivation being that doing so minimizes slipping (Paragraph 0093).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over:
Mort (US 20240164349 A1) (hereinafter – Mort) (disclosed by Applicant) in view of
Cobbett et al. (US 20160136882 A1) (hereinafter – Cobbett) in further view of
Tordella et al. (US 7871387 B2) (hereinafter – Tordella) in further view of
Grassl (US 20090043215 A1) (hereinafter – Grassl) in further view of
Vule et al. (US 20200323440 A1) (hereinafter – Vule).
Re. Claim 6: Mort as modified by Cobbett, Tordella, and Grassl teaches the invention according to claim 1, but does not teach the invention wherein the strap includes a number of openings configured to allow movement of vertebrae in the tail of the equine.
Vule teaches analogous art in the technology of wearable sensor devices (Abstract) comprising a strap (Figs. 1, 5A, 9). Vule further teaches the concept of providing a number of openings to receive bony structures over which the strap is placed (Fig. 9).
It would have been obvious to one having skill in the art before the effective filing date to have modified Mort as modified by Cobbett, Tordella, and Grassl to a number of openings in the strap corresponding to positions of underlying bony structures as taught by Vule, the motivation being that doing so allows for comfortable wearing by the user while ensuring that sensor components are placed for optimal sensing and measuring of the user's physiological information. Examiner notes that the skilled artisan, in incorporating this modification in the invention of Mort as modified by Cobbett would necessarily provide holes corresponding to bony structures (i.e., vertebra) of the intended location of placement (i.e. on the tail of a horse).
Claims 7, 8, and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over:
Mort (US 20240164349 A1) (hereinafter – Mort) (disclosed by Applicant) in view of
Pike et al. (US 20220233128 A1) (hereinafter – Pike) in further view of
Tordella et al. (US 7871387 B2) (hereinafter – Tordella) in further view of
Grassl (US 20090043215 A1) (hereinafter – Grassl).
Re. Claim 7: Mort teaches a heart rate monitor device (Abstract),
comprising:
a heart rate sensor configured to contact a tail of an equine (Abstract; Fig. 2),
an optical heart rate module (OHR) configured to:
output light into skin of the equine (Paragraph 0031: “For example, heart rate can be measured via an LED light (the LED can see through the animal's skin to measure blood flowing through veins) or an electrode”);
receive reflected light (Paragraph 0030: “LED sensor hub 58”); and
convert the reflected light into electrical signals (Paragraph 0031; Examiner notes that this is an implicit step in processing LED light signals in order to process such data to obtain a heart rate);
a transmitter configured to wirelessly transmit heart rate data based on the electrical signals (Paragraphs 0033, 0035: transfer of obtained data via BLUETOOTH® or LORAWAN®).
Mort does not teach the heart rate sensor comprising a tab. Mort also does not teach the heart rate monitor device comprising:
a strap comprising a cavity, wherein the strap is configured to:
removably receive the heart rate sensor comprising the tab in the cavity; and
removably couple to the tail of the equine.
Pike teaches analogous art in the technology of wearable patient monitoring devices (Abstract) capable of detecting heart rate (Paragraph 0170). Pike further teaches a heart rate sensor comprising a tab (Figs. 8D-8H: tabs 822). Pike also teaches a strap comprising a cavity (Fig. 8C: cradle 804, when attached to a strap, can be considered a strap comprising a cavity (i.e., the cradle)), wherein the strap is configured to removably receive the heart rate sensor comprising the tab in the cavity (Fig. 8C-8J; Paragraph 0422: see discussion of locking tabs 822 relative to openings 860 in cradle 804).
It would have been obvious to one having skill in the art before the effective filing date to have modified the simple band and slot mechanism of Mort (Fig. 8B, 9BB, 9C) to instead utilize the heart rate sensor utilizing locking tabs configured to interact with openings of a cavity of a strap (i.e., cradle 804 in combination strap attached via legs 848 as discussed in Paragraph 0435) as taught by Pike, the motivation being that doing so enables the heart rate sensor to be removed, charged, cleaned, and/or repaired after the strap is securely attached to the patient, and also enables a caregiver to clean the regions around the cradle without risking damage to the patient monitor (Paragraph 0417). Examiner notes that the band and slot mechanism of Mort requires a user to remove the band from its position after placement in order to access the sensors.
Mort as modified by Pike does not teach the invention wherein:
the strap includes first and second attachment portions each formed as a separately manipulable extension extending laterally beyond a common side terminal side edge of the strap, the first and second attachment portions being spaced apart along the terminal side edge and independently securable relative to the strap; and
the strap includes first and second sets of size indicators, each size indicator corresponding to a respective level of tightness of the strap around the tail;
wherein the first attachment portion is engageable with one or more of the size indicators of the first set to establish a first strap circumference at a first longitudinal location along the tail, and the second attachment portion is engagable with one or more of the size indicators of the second set to establish a second strap circumference at a second longitudinal location along the tail.
Such aspects are taught by modifications of Tordella and Grassl. See rejection of claim 1. Motivation to modify Mort as modified by Pike by Tordella and Grassl would be identical.
Re. Claim 8: Mort as modified by Pike, Tordella, and Grassl teaches the invention according to claim 7. Pike, in teaching further detail regarding the incorporated sensor tabs interacting with a cradle and strap, further teaches the invention wherein the tab consistently orients the heart rate sensor within the strap (Fig. 8C).
Re. Claim 11: Mort as modified by Pike, Tordella, and Grassl teaches the invention according to claim 7. Mort further teaches the invention wherein the heart rate sensor further comprises a light-emitting diode (LED) configured to emit light to indicate the heart rate sensor is powered on (Paragraph 0033: “The RGB LED can use multiple colors to indicate various device status indications such as red, green, blue, yellow, and white, and can use pulsed (sinusoidal brightness variation), blinked, or steady. For example, green pulsing or continuous can be the default state when the device 10 is on…”).
Re. Claim 12: Mort as modified by Pike, Tordella, and Grassl teaches the invention according to claim 7. Mort further teaches the invention wherein the heart rate sensor further comprises
a processor, a memory, a transmitter, a battery (Paragraph 0033: each of the above claimed features is recited),
an inertial sensor (Abstract: “…a mechanism for detecting and differentiating movement (9-axis accelerometer)…”),
a location determining component (Abstract: “….a mechanism for detecting and tracking position by GPS….”),
a thermometer (Abstract: “…a mechanism for detecting and tracking temperature…”),
and/or a barometric sensor.
Re. Claim 13: Mort as modified by Pike, Tordella, and Grassl teaches the invention according to claim 12. Mort further teaches the invention wherein the inertial sensor, the location determining component, the thermometer, and/or the barometric sensor are configured to:
generate sensor data; and
wirelessly transmit the sensor data
(see citation of rejection of claim 12; Paragraph 0032: “All data obtained by these mechanisms and sensors can be stored by the health tracker device 10 and/or sent electronically by BLUETOOTH® or LORAWAN® to an application 26 or communication hub 24 further described below”).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over:
Mort (US 20240164349 A1) (hereinafter – Mort) (disclosed by Applicant) in view of
Pike et al. (US 20220233128 A1) (hereinafter – Pike) in further view of
Tordella et al. (US 7871387 B2) (hereinafter – Tordella) in further view of
Grassl (US 20090043215 A1) (hereinafter – Grassl) in further view of
Colunga et al. (US 20210398413 A1) (hereinafter – Colunga).
Re. Claim 9: Mort as modified by Pike, Tordella, and Grassl teaches the invention according to claim 7. Pike, in teaching further detail regarding the incorporated heart rate sensor possessing tabs, further teaches the heart rate sensor further comprising a button (Fig. 8C: button 820).
Mort as modified by Pike, Tordella, and Grassl does not teach the invention wherein the tab prevents the button from being accidentally pressed. While tab 822 of Pike forms a small protrusion which potentially prevents at least some angles of force from interacting with button 820, Examiner does not find this reasonable, and presents Colunga to expedite prosecution:
Colunga teaches analogous art in the technology of wearable biometric monitors (Abstract), particularly capable of measuring heart rate (Paragraph 0022). Colunga further teaches the invention wherein the tab prevents the button from being accidentally pressed (Figs. 2, 3; Paragraph 0021: The power button 48 may have a cylindrical power button housing 50 coupled to the body right side 24 to prevent accidental activation. A panic button 48 is also coupled to the transmitter body 12 and is in operational communication with the CPU 44. The panic button 52 may have a cylindrical panic button housing 54 coupled to the body right side 24 to prevent accidental activation;” Examiner is interpreting the term “tab” as “an attached flap or piece of material” as provided by vocabulary.com (https://www.vocabulary.com/dictionary/tab); thus, a button housing can be considered an attached piece of material, i.e., a tab on a heart rate monitor 12).
It would have been obvious to one having skill in the art before the effective filing date to have modified Mort as modified by Pike, Tordella, and Grassl to include the button housing (interpretable as a ‘tab” as taught by Colunga, the motivation being that the button housing prevents accidental pressing of the button (Paragraph 0021).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over:
Mort (US 20240164349 A1) (hereinafter – Mort) (disclosed by Applicant) in view of
Pike et al. (US 20220233128 A1) (hereinafter – Pike) in further view of
Tordella et al. (US 7871387 B2) (hereinafter – Tordella) in further view of
Grassl (US 20090043215 A1) (hereinafter – Grassl) in further view of
McCombie et al. (US 20120296174 A1) (hereinafter – McCombie).
Re. Claim 10: Mort as modified by Pike, Tordella, and Grassl teaches the invention according to claim 7, but does not explicitly teach wherein the cavity is encased in plastic.
McCombie teaches analogous art in the technology of body-worn optical sensors (Abstract). McCombie further teaches the invention wherein the cavity is encased in plastic (Paragraph 0008: “During operation, the housing snaps into a separate plastic base (or "cradle")”).
It would have been obvious to one of ordinary skill in the art before effective filing date of the invention to include the use of plastic to form the cradle as taught by McCombie in the system of Mort as modified by Pike, Tordella, and Grassl, since the claimed invention is merely a combination of old elements (Mort as modified by Pike: teaching the use of a cradle forming a sensor cavity; McCombie: teaching a cradle may be formed from plastic), and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Response to Arguments
Applicant’s arguments with respect to the claims 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
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/JUSTIN XU/Primary Examiner, Art Unit 3791