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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/04/2025 is being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-10 in the reply filed on 04/08/2026 is acknowledged. Claims 11-20 are withdrawn from consideration.
Claim Objections
Claims 1 objected to because of the following informalities:
Claim 1, line 2 recites “an HBC (Human Body Communication) module, generating an HBC signal” should read -- an HBC (Human Body Communication) module, configured to generate an HBC signal; --;
Claim 1, line 3 recites “a first coupler, generating a first branch signal according to the HBC signal” should read -- a first coupler, configured to generate a first branch signal according to the HBC signal --;
Claim 1, line 4 recites “a first ADC (Analog-to-Digital Converter), converting the first branch signal” should read -- a first ADC (Analog-to-Digital Converter), configured to convert the first branch signal --;
Claim 1, line 6 recites “an electrode element, receiving a physiological signal from the human body” should read -- an electrode element,
Claim 1, line 8 recites “a second coupler, generating a second branch signal according to the” should read -- a second coupler, configured to generate a second branch signal according to the--;
Claim 1, line 10 recites “a second ADC, converting the second branch signal into a second digital signal;” should read -- a second ADC, configured to convert the second branch signal into a second digital signal;--;
Claim 1, line 11 recites “a signal processor, generating a control signal according to the first digital signal” should read – a signal processor, configured to convert a control signal according to the first digital signal --;
Claim 1, line 15 recites “selectively adjusted according to the control signal” should read – configured to be adjusted according to the control signal --;
Claim 5, line 3 recites “value, the impedance value of the tunable matching circuit is kept unchanged” should read -- value, the impedance value of the tunable matching circuit is
Claim 6, line 3 recites “impedance value of the tunable matching circuit is changed according to the control” should read -- impedance value of the tunable matching circuit is configured to be changed according to the control --;
Claim 8, line 2 recites “a sensor, detecting physiological information of the human body portion, so as” should read -- a sensor, configured to detect physiological information of the human body portion,
Claim 8, line 3 recites “to generate a detection signal” should read – and configured to generate a detection signal --;
Claim 10, line 2 recites “generates the control signal further in view of the detection signal” should read – configured to generate the control signal further in view of the detection signal --.
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claim 3 is rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 3 recites “directly touches the human body portion”. The claim as currently written, and interpreted under its broadest reasonable interpretation encompasses the human organism because the claim seems to actively be claiming a human as the device has the directly touch the skin in order for the device to touch the human body. The examiner suggests modifying this to recite – configured to touch the human body portion --.
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.
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.
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.
Claim(s) 1-8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shui et al. (US 11484267 B2) herein referred to as “Shui” further in view of Kahlman et al. (US 20160143557 A1) herein referred to as “Kahlman”.
Regarding claim 1, Shui discloses a detection device for detecting a human body portion (example system for contact detection, Col. 12, lines 52-67, Figure 6), comprising: an HBC (Human Body Communication) module (reference electrode 604, Figure 6), generating an HBC signal (Figure 6); a first coupler, generating a first branch signal according to the HBC signal; a first ADC (Analog-to-Digital Converter) (first ADC 638, Figure 6), converting the first branch signal into a first digital signal (function of ADC 638, Figure 6); an electrode element (measurement electrode 602, Figure 6), receiving a physiological signal from the human body portion (contact detection, Col. 16, lines 62-67, - Col. 17, lines 1-26); a second coupler, generating a second branch signal according to the physiological signal. a second ADC (ADC 628, Figure 6), converting the second branch signal into a second digital signal (function of ADC 628, Figure 6); a signal processor (signal is passed to processor 650 for contact determination, Col. 13, lines 45-47), generating a control signal according to the first digital signal and the second digital signal (test signal, Col. 13, lines 43-47); and a tunable matching circuit (impedance networks 612 and 614, Col. 12. Lines 52-67, Figure 6), wherein an impedance value of the tunable matching circuit is selectively adjusted according to the control signal (buffers 524 and 526 can provide an impedance matching interface for the electrodes, Col. 8, lines 50-60).
However Shui does not explicitly disclose a first and second coupler wherein the tunable circuit is coupled between the first and second coupler.
Kahlman discloses a first and second coupler wherein the tunable circuit is coupled between the first and second coupler (directional coupler is inserted into the transmission line 12, wherein the impedances of the at least RF signal generator and the transmission line are matched, Paragraph [0043]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Shui to incorporate
the teachings of Kahlman by including a first and second coupler wherein the tunable circuit is coupled between the first and second coupler. The motivation to do so being to detect transmitted signal power rather than reflected power (Kahlman, Paragraph [0043]).
Regarding claim 2, Shui in view of Kahlman discloses the detection device as claimed in claim 1.
Shui further discloses wherein the human body portion is human skin (the electrodes contact a skin surface capable of obtaining an accurate signal, Col. 4, lines 10-18).
Regarding claim 3, Shui in view of Kahlman discloses the detection device as claimed in claim 1.
Shui further discloses wherein the electrode element directly touches the human body portion (the electrodes contact a skin surface capable of obtaining an accurate signal, Col. 4, lines 10-18).
Regarding claim 4, Shui in view of Kahlman discloses the detection device as claimed in claim 1.
However Shui does not explicitly disclose wherein each of the first coupler and the second coupler is a directional coupler or a power splitter.
Kahlman discloses wherein each of the first coupler and the second coupler is a directional coupler or a power splitter (inserting a directional coupler into the transmission line, Paragraph [0043]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Shui to incorporate
the teachings of Kahlman by including wherein each of the first coupler and the second coupler is a directional coupler or a power splitter. The motivation to do so being to detect transmitted signal power rather than reflected power (Kahlman, Paragraph [0043]).
Regarding claim 5, Shui in view of Kahlman discloses the detection device as claimed in claim 1.
Shui discloses wherein if a strength ratio of the second digital signal to the first digital signal is smaller than or equal to a threshold value, the impedance value of the tunable matching circuit is kept unchanged (a threshold amplitude can be used to determine whether the measurement electrode 502 is contacted, when the measured test signal is less than a threshold amplitude, the system can determine that the measurement electrode is contacted, when the measured test signal is greater than or equal to the threshold amplitude the system can determine that the measurement electrode is not contacted, the threshold amplitude can be set based on an expected range of impedances, Col. 10, lines 30-67, buffers 524 and 526 , and test signal circuitry . In some examples , buffers 524 and 526 can provide an impedance matching interface for the electrodes ( , lines e.g. , matching the impedance of the user’s body contacting the electrode, Col. 8, lines 51-55).
Regarding claim 6, Shui in view of Kahlman discloses the detection device as claimed in claim 5.
Shui discloses wherein if the strength ratio of the second digital signal to the first digital signal is greater than the threshold value, the impedance value of the tunable matching circuit is changed according to the control signal (a threshold amplitude can be used to determine whether the measurement electrode 502 is contacted, when the measured test signal is less than a threshold amplitude, the system can determine that the measurement electrode is contacted, when the measured test signal is greater than or equal to the threshold amplitude the system can determine that the measurement electrode is not contacted, the threshold amplitude can be set based on an expected range of impedances, Col. 10, lines 30-67, buffers 524 and 526 , and test signal circuitry . In some examples , buffers 524 and 526 can provide an impedance matching interface for the electrodes ( , lines e.g., matching the impedance of the user’s body contacting the electrode, Col. 8, lines 51-55).
Regarding claim 7, Shui in view of Kahlman discloses the detection device as claimed in claim 5.
Shui in view of Kahlman discloses the claimed invention except for wherein the threshold value is about 5% or 10% It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the threshold value to be about 5% or 10%, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 8, Shui in view of Kahlman discloses the detection device as claimed in claim 1.
Shui further discloses wherein the detection device comprises: a sensor, detecting physiological information of the human body portion, so as to generate a detection signal (physiological sensor(s) 202, Col. 4, lines 34-52).
Regarding claim 10, Shui in view of Kahlman discloses the detection device as claimed in claim 8.
Shui further discloses wherein the signal processor generates the control signal further in view of the detection signal (contacting measurement electrode 402 (control signal) can cause circuit 400 to measure a physiological signal (detection signal), Col. 8, lines 12-16).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shui in view of Kahlman further in view of Biel et al. (US 20180168508 A1) herein referred to as “Biel”.
Regarding claim 9, Shui in view of Kahlman discloses the detection device as claimed in claim 8.
However Shui in view of Kahlman does not explicitly disclose wherein the physiological information comprises a temperature data and/or a humidity data.
Biel discloses an electrode falloff detection system (Abstract) wherein the device comprises sensor that detect physiological information including temperature data and/or humidity data (one or more temperature sensor can be integrated into the electrode, Paragraph [0080]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Shui in view of Kahlman to incorporate the teachings of Biel by including wherein the physiological information comprises a temperature data and/or a humidity data. The motivation to do so being to detect falloff by monitoring the temperature sensor outputs of the device (Biel, Paragraph [0080]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Shafi et al. (US 20220385315 A1) discloses an EM based diagnostics system comprising directional couplers in the circuit, Yanagi et al. (US 20090234216 A1) discloses a biosignal detecting apparatus comprising detection and stimulation electrodes, and Guarin et al. (WO 2017077052) discloses an electromagnetic sensor for detecting a hydration status of a human body tissue.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dana Stumpfoll whose telephone number is (703)756-4669. The examiner can normally be reached 9-5 pm (CT), M-F.
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/D.S./Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
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