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 .
Claim Interpretation
While not necessarily unclear, it is conceivable that the following terms could be interpreted in ways other than the manner in which they are interpreted herein. Accordingly, Examiner seeks correction or confirmation of the following claim interpretations.
The term “geometric shape” is being interpreted as precise shape that can be described using mathematical formulas. Examiner believes that the use of the term “geometric” is intended to exclude organic shapes i.e., shapes that are non-uniform/irregular and often associated with objects in nature (https://en.wikipedia.org/wiki/Shape_and_form_(visual_arts)).
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 12 and 15-18 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In re claim 12, there is insufficient antecedent basis for the limitation “the skin temperature sensor”. For examination purposes, “the skin temperature sensor” will be interpreted as “a skin temperature sensor”. Examiner notes that dependent claim 15 inherits the same deficiency.
In re claim 15, there is insufficient antecedent basis for the limitation “the central cavity”. Examiner believes that claim 15 was intended to depend from claim 14 (not claim 12) given that neither claim 12, 11, or 1 include any information about “the central cavity”. For examination purposes claim 15 will be interpreted as follows: Claim 15. The device according to claim 14, wherein the central cavity comprises a thermal conductive gap filler made from a thermally conductive material and surrounding partially the heat flux sensor. Examiner notes that dependent claims 16 and 17 inherit the same deficiencies.
In re claim 16, there is insufficient antecedent basis for the limitation “the thermal insulator”. Examiner believes claim 16 should depend from claim 9 (not claim 15), given that claim 9 is the only other claim that mentions a “thermal insulator”. For examination purposes claim 16 will be interpreted as follows: Claim 16. The device according to claim 9, wherein the thermal insulator is air.
In re claim 17, there is insufficient antecedent basis for the limitation “the at least one insulating slot”. For examination purposes limitation “wherein the at least one insulating slot is arranged around the heat flux sensor.” will be interpreted as “wherein at least one insulating slot is arranged around the heat flux sensor.” Examiner notes that dependent claim 18 inherits the same deficiencies.
In re claim 18,
The limitation “wherein at least one insulating slot is arranged all around the heat flux sensor” raises a clarity concern. Specifically, it is unclear if the limitation “at least one insulating slot” refers to the “at least one insulating slot” from claim 17 or a different second “at least one insulating slot”. For examination purposes the limitation “wherein at least one insulating slot is arranged all around the heat flux sensor” will be interpreted as “wherein the at least one insulating slot is arranged all around the heat flux sensor”, that is, referring to “at least one insulating slot” from claim 17.
There is insufficient antecedent basis for the limitation “the skin temperature sensor”. For examination purposes, the limitation “the skin temperature sensor” will be interpreted as “a skin temperature sensor”.
Claim Rejections - 35 USC § 102/103
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.
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, 4-7, 10 and 20 are rejected under 35 U.S.C. 102(a)(2)/103 as being unpatentable over Yoo et al. (US 2023/0204432).
In re claim 1, Yoo discloses a wearable device (FIG. 9: 400) configured to be positioned on a user’s wrist [0047], the wearable device comprising:
-a case back (501) configured to be at least partially in contact with the user's wrist (FIG. 9)
-*a heat flux sensor (440; [0106]), configured to measure a heat flux coming from the user's wrist (FIG. 9),
- an optical sensor (430) comprising
at least one light emission assembly (432) to emit light and
at least one light reception assembly (431a, 431b) to receive light from the at least one light emission assembly,
wherein positions of each of the at least one light emission assembly and each of the at least one light reception assembly collectively form a geometrical shape (shape created by connecting the center points of each light emission assembly and light reception assembly) on the case back, as projected orthogonally on the case back (FIG. 9),
wherein the heat flux sensor is arranged within the geometrical shape, as projected orthogonally on the case back (FIG. 9).
*Regarding the limitation “heat flux sensor” it is apparent that the temperature sensor of Yoo could be a heat flux sensor [0106]. However, in so far as this is not explicitly stated claim 1 is alternatively rejected under 35 U.S.C 103 as follows: It would have been obvious for one of ordinary skill in the art to modify the temperature sensor of Yoo to be a heat flux sensor. One would have been motivated to make this modification because heat flux sensors are known to be used in such devices, as evidenced by an alternative embodiment of Yoo (Yoo: FIG. 14; [0106]).
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In re claim 2, Yoo discloses, wherein the heat flux sensor is arranged at a center of the geometric shape (Examiner FIG. 1: dotted hexagon).
In re claim 4, Yoo discloses wherein at least one light emission assembly and at least one light reception assembly are disposed on either side of the heat flux sensor, as projected orthogonally on the case back (Examiner FIG. 1).
In re claim 5, Yoo discloses wherein the optical sensor comprises a plurality of light emission assemblies (431a, 431b) and a plurality of light reception assemblies (432) that are collectively arranged to form the geometrical shape, the formed geometrical shape being a polygon (Examiner FIG. 1), the heat flux sensor being within the polygon (Examiner FIG. 1).
In re claim 6, Yoo discloses wherein the optical sensor comprises two light emission assemblies (431a, 431b) and four light reception assemblies (432 includes 6 total light reception assemblies) that are collectively arranged to form the geometrical shape, the formed geometrical shape being a hexagon (Examiner FIG. 1; apparent as the geometric shape has 6 sides).
In re claim 7, Yoo discloses wherein the device further comprises
a sensors printed circuit board (FIGS. 7-8; 460) comprising a top side (top surface of 460) and a back side (bottom surface of 460), the backside being oriented towards the case back (apparent as FIG. 9 shows the case back oriented in the “-Z” direction),
wherein the heat flux sensor (FIG. 7, FIG. 8), each of the at least one light emission assembly (FIG. 7, FIG. 8) and each the at least one light reception assembly [0114] are attached to the backside of the sensors printed circuit board (FIGS. 7-8).
In re claim 10, Yoo discloses wherein the optical sensor comprises an optical module ([0026]: “processor”) the optical module being configured to generate instructions for the light emission assemblies and to recover electrical signals from the light reception assemblies [0026, 0083, 0135].
In re claim 20, Yoo discloses, wherein each of the at least one light emission assembly is configured to emit light towards each of the at least one light reception assembly (FIG. 9; [0086]).
Claim Rejections - 35 USC § 103
Claims 3, 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo et al. (US 2023/0204432), in view of Lee et al. (US 2024/0302223).
In re claim 3, Yoo does not disclose
wherein the device further comprises a skin temperature sensor, to determine a skin temperature of the user,
wherein the skin temperature sensor is located within the geometrical shape, as projected orthogonally on the case back.
Lee discloses an analogous wearable device (FIG. 1: 100) configured to be worn on a user’s wrist (FIG. 6). As shown in FIG. 1, the device is comprised of a main body (110), a sensor (120) and a processor (130). Lee further discloses the sensor including both a temperature sensor (121) and a heat flux sensor (122). The processor uses information collected by the temperature sensor and the heat flux sensor to estimate a core body temperature of the user [0041].
It would have been obvious to one of ordinary skill in the art to modify the device of Yoo to further comprise a skin temperature sensor, to determine a skin temperature of the user, as taught by Lee. One would have been motivated to make this modification to provide the wearable device with the necessary data to calculate the users core body temperature (Lee, [0059, 0060]; Examiner notes that determining core body temperature requires a surface temperature measurement and heat flux (Lee, [Equation 1])); Accordingly, such a modification would yield “wherein the skin temperature sensor is located within the geometrical shape, as projected orthogonally on the case back”.
In re claim 11, Yoo does not disclose further comprising a core body temperature module configured to receive data from the heat flux sensor to determine a core body temperature of the user.
As discussed in paragraph 26 above, the processor of Lee uses information collected by the heat flux sensor to estimate the core body temperature of a user [0041].
It would have been obvious to one of ordinary skill in the art to modify the wearable device of Yoo to further comprise a core body temperature module configured to receive data from the heat flux sensor to determine a core body temperature of the user, as taught by Lee. One would have been motivated to make this modification because body temperature is a key vital sign that can be used to detect infections and monitor overall heath (Lee, [0003]).
In re claim 12, the proposed combination does not yield
wherein the core body temperature module further receives data from the skin temperature sensor to determine the core body temperature of the user (regarding the limitation “the skin temperature sensor”, see above section Claim Rejections 112 (In re claim 12)).
For substantially the same reasons as described above In re claim 3, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yoo to further comprise a skin temperature sensor, as taught by Lee.
Regarding the limitations “wherein the core body temperature module further receives data from the skin temperature sensor to determine the core body temperature of the user”, it would have been obvious to one of ordinary skill in the art to modify the core body temperature module of the proposed combination to further receive data from the skin temperature sensor to determine the core body temperature of the user, as taught by Lee. One would have been motivated to make this modification because calculating a patient’s core body temperature requires both a measured heat flux and a measured skin surface temperature (Lee, [0059, 0061]; [Equation 1]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Yoo et al. (US 2023/0204432), in view of Uhm (US 10,230,256).
In re claim 8, the proposed combination does not yield, further comprising a thermal exhaust made from a thermally conductive material and arranged on the top side of the sensors printed circuit board .
Uhm discloses an electronic device (abstract, FIG. 3A) with a printed circuit board (281p) that includes a heat dissipation member (281e; col. 17, lines 3-8) attached to a top surface of the printed circuit board (FIG. 3A). As disclosed by Uhm, the heat dissipation member functions to remove heat that is generated by the printed circuit board during device operation (col. 16, lines 63-67).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the top side of the sensors printed circuit board of Yoo to include a thermal exhaust made from a thermally conductive material, as taught by Uhm. One would have been motivated to make this modification because doing so would prevent the printed circuit board from overheating or experiencing thermal damage.
Claims 9, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo et al. (US 2023/0204432), in view of Si et al. (WO 2022/127628).
In re claim 9, Yoo does not disclose, wherein the sensors printed circuit board comprises at least an insulating slot filled with a thermal insulator and arranged between the heat flux sensor and the optical sensor.
Si discloses an analogous wearable device (FIG. 2) that like Yoo is capable of measuring a user’s body temperature (abstract). The wearable device includes a temperature sensor (FIG. 22: 214) and a heat flux sensor (221) attached to a printed circuit board (218). As discussed in Si, the printed circuit board includes a slot ([0694]: “the slot opened on the motherboard”) that receives an insulating structure (215, shown in greater detail in FIG. 23). The insulating structure thermally isolates the temperature sensor and the heat flux sensor, improving measurement accuracy [0699].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sensors printed circuit board of Yoo to comprise at least an insulating slot filled with a thermal insulator, as taught by Si. One would have been motivated to make this modification because doing so would thermally isolate the heat flux sensor, thereby improving the temperature measurement accuracy (Si, [0699]). Accordingly, such a modification would yield an insulating slot filled with a thermal insulator that is “arranged between the heat flux sensor and the optical sensor”.
In re claim 16, the proposed combination yields, the thermal insulator (see above In re claim 9).
The proposed combination does not yield: wherein the thermal insulator is air.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to use air as the thermal insulator, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use or purpose MPEP 2144.07.
Claims 13, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo et al. (US 2023/0204432), in view of Mouradian (US 2018/0235483).
In re claim 13, Yoo discloses
wherein the device comprises a cavity (FIG. 7: 510 which includes 511, 512)
wherein the heat flux sensor is arranged in the cavity (FIG. 7; [0106]).
Yoo does not disclose
wherein the device comprises -a spacer with a plurality of cavities
wherein the heat flux sensor and the optical sensor are arranged in respective cavities of the plurality of cavities.
Mouradian discloses an analogous wearable device (FIG. 7: 700) configured to fit a patient’s wrist [0066]. Like Yoo, the wearable device includes a heat flux sensor (720; [0053]) and an optical sensor comprised of light emitting elements (714) and light receiving elements (716). As discussed in Mouradian, the wearable device also includes a spacing element (722) that creates several cavities separating the light emitting elements from the light receiving elements (FIG. 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yoo to further comprise a spacer with a plurality of cavities, as taught by Mouradian. One would have been motivated to make this modification because doing so would prevent the direct transmission of light (either from the light emitting elements or outside environment) to the light receiving elements (Mouradian, [0058]). Accordingly, such a modification would yield “wherein the heat flux sensor and the optical sensor are arranged in respective cavities of the plurality of cavities”.
In re claim 14, the proposed combination yields (all mapping directed to Yoo)
wherein one of the cavities is a central cavity (510), located centrally on the case back as projected orthogonally on the case back (FIG. 7),
the central cavity having a wide dimensions than the heat flux sensor (FIG. 7)
the central cavity being configured to accommodate the heat flux sensor (FIG. 7)
In re claim 15, the proposed combination yields (all mapping directed to Yoo) wherein the central cavity comprises a thermal conductive gap filler (514a) made from a thermally conductive material [0078] and surrounding partially the heat flux sensor (FIG. 7).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Yoo et al. (US 2023/0204432), in view of Mouradian (US 2018/0235483), in view of Si et al. (WO 2022/127628),
In re claim 17, the proposed combination does not yield
wherein the at least one insulating slot is arranged all around the heat flux sensor (Regarding the limitation “the at least one insulating slot” see above section Claim Rejection 112 (In re claim 17)).
For substantially the same reasons as described above In re claim 9, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sensors printed circuit board of Yoo to comprise at least one insulating slot that is arranged all around the heat flux sensor, as taught by Si.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Yoo et al. (US 2023/0204432), in view of Mouradian (US 2018/0235483), in view of Si et al. (WO 2022/127628), in view of Lee et al. (US 2024/0302223).
In re claim 18, the proposed combination yields, wherein at least one insulating slot is arranged all around the heat flux sensor (see above In re claim 17; Regarding the limitation “at least one insulating slot” see above section Claim Rejection 112 (In re claim 18)).
The proposed combination does not yield
wherein at least one insulating slot is arranged all around the heat flux sensor and the skin temperature sensor.
For substantially the same reasons as described above In re claim 3, it would have been obvious to one of ordinary skill in the art to modify the device of the proposed combination, to include a temperature sensor, as taught by Lee. Accordingly, such a modification would yield at least one insulating slot arranged all around the heat flux sensor “and the skin temperature sensor”. Moreover, one would have been motivated to have at least on insulating slot around the heat flux sensor and the skin temperature sensor to thermally isolate both the heat flux sensor and the temperature sensor, as doing so has been shown to improve temperature measurement accuracy (Si, [0699]).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Yoo et al. (US 2023/0204432), in view of Si et al. (WO 2022/127628).
In re claim 19, Yoo discloses, comprising:
physiological sensors comprising the optical sensor and the heat flux sensor (see above In re claim 1),
at least two electrodes (FIG. 5: 450 top, 450 bottom) and
wherein the case back comprises a first electrode (450 top) which at least partially surround the physiological sensors (FIG. 5).
Yoo does not disclose
at least two electrocardiogram, ECG, electrodes and
an ECG module, electrically connected to the ECG electrodes and configured to perform an electrocardiogram,
wherein the case back comprises a first ECG electrode which at least partially surround the physiological sensors.
As previously discussed, Si discloses an analogous wearable device (FIG. 2) that like Yoo is capable of measuring a user’s body temperature (abstract). Si further discloses the wearable device having an ECG monitoring function (FIG. 42). As shown in FIG. 42, the users ECG is recorded using a first ECG electrode (245), a second ECG electrode (246) and a third ECG electrode (247). The wearable device includes an ECG module electrically connected to the ECG electrodes that controls the monitoring function and enables ECG detection (FIG. 43, [0901]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the wearable device to include electrocardiogram (ECG) electrodes and an ECG module, electrically connected to the ECG electrodes and configured to perform an electrocardiogram, as taught by Si. One would have been motivated to make this modification because it is known that most wearable devices include some type of electrocardiograph sensor used to monitor a patient’s heart in real time (Si, [0888]). Accordingly, such a modification would yield the case back comprising “a first ECG electrode”.
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Vajapey et al. (US 2024/0398358) discloses a wearable device that includes a temperature sensing module for detecting a user’s core body temperature [0042]. The temperature sensing module uses information collected from both a heat flux sensor and a temperature sensor [0042].
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLIVIA WALKER whose telephone number is (571)272-7052. The examiner can normally be reached M-F: 7-4pm CT.
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, David Hamaoui can be reached at (571)-270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OLIVIA WALKER/Examiner, Art Unit 3796
/DAVID HAMAOUI/SPE, Art Unit 3796