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 .
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 1-11 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “adaptive hole” in claim 3 is a relative term which renders the claim indefinite. The term “adaptive” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear what the meaning of adaptive is in this context. Does it mean that the opening can stretch/is elastic? Does it mean that it is interchangeable? The intended interpretation is unclear.
Claim 1 recites the limitation "bind the limb". There is insufficient antecedent basis for this limitation in the claim as “limb” is not previously claimed
Claim 3 recites the limitation "the adaptive hole provided on the second layer". There is insufficient antecedent basis for this limitation in the claim as “adaptive hole” is not previously claimed.
Claim 5 recites the limitation "said first adaptive cushion" in claim 5. There is insufficient antecedent basis for this limitation in the claim as a “first adaptive cushion” has not been claimed before.
Claims 2, 4, and 6-11 are also rejected since they depend from rejected base claims.
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.
Claim(s) 1-5 and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yuan Fitfaith Technology Co ltd (CN216602874U); hereinafter Yuan, and Davis et al (US 11284809 B1); hereinafter Davis.
Regarding claim 1, Yuan teaches a magnetic-type human body parameter measuring device (abstract - magnetic-type finger blood oxygen measuring device) comprising a main body ( main body upper shell) and magnetic bandages (first and second straps parts 501 and 502);
the first circuit assembly is arranged in the main body and said first circuit assembly is electrically connected with the first sensor (circuit main board);
said main body and magnetic bandages are used to form an annular shape to bind the limb in a magnetic mode, and said first sensor and/or second sensor face the limb (fig. 3 shows annular shape surrounding limb - finger - and sensors facing the skin);
said annular shape that the main body and the magnetic bandages formed is equipped with first adaptive cushion therein (Preferably, the elastic sleeve piece at the bottom of the lower shell of the main body is respectively a first bandage and a second bandage, and the first bandage and the second bandage are made of elastic materials such as silica gel, rubber, TPU (thermoplastic polyurethane)/TPE (thermoplastic elastomer)).
Yuan fails to teach a second sensor in the bandages and the corresponding electrical structures therein. Davis teaches the second circuit assembly is provided in said magnetic bandages and said second circuit assembly is electrically connected with the second sensor (column 6 - lines 61-63, the band 106 may be formed or molded over the power source 108, the processing unit 110, the first sensor 112, and/or the second sensor 114, the second sensor 114 may be integrated into the band 106 of the wearable device 100).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of this invention to modify Yuan with Davis because there is some teaching, suggestion, or motivation to do so. Davis teaches “the first sensor 112 and/or the second sensor may be a temperature sensor, a viscosity sensor, an ultrasonic sensor, a humidity sensor, a heart rate sensor, a dietary intake sensor, an electrocardiogram (EKG) sensor, an ECG sensor, a galvanic skin response sensor, a pulse oximeter, an optical sensor, and so forth”, highlighting how two separate sensors can increase the amount and variety of data collected.
Regarding claim 2, the combination of Yuan and Davis teaches the device of claim 1. Yuan further teaches said magnetic bandages include an inner bandage and an outer bandage (fig. 1 parts 501 and 502);
said inner bandage and outer bandage are respectively connected on the one end of said main body and a plurality of magnets are arranged in the bandages; wherein said inner bandage and outer bandage are attracted to each other and form an annular shape via the main body to bind the limb (fig. 1).
Regarding claim 3, the combination of Yuan and Davis teaches the device of claim 1. Yuan further teaches said magnetic bandages include an inner bandage and an outer bandage (fig. 1 parts 501 and 502);
said inner bandage and outer bandage are respectively connected on the one end of said main body and a plurality of magnets are arranged in the bandages; wherein said inner bandage and outer bandage are attracted to each other and form an annular shape via the main body to bind the limb (fig. 1).
Regarding claim 4, the combination of Yuan and Davis teaches the device of claim 2. Yuan further teaches the surface of said magnetic bandages is made of elastic material; said elastic material includes silica gel, rubber, TPU, and TPE material ( the first bandage and the second bandage are made of elastic materials such as silica gel, rubber, TPU (thermoplastic polyurethane)/TPE (thermoplastic elastomer)).
Regarding claim 5, the combination of Yuan and Davis teaches the device of claim 1. Yuan further teaches the middle of said first adaptive cushion is provided with the first through-hole used to detect signal via the sensor (A plurality of through holes are formed in the bottom of the main body lower shell 4).
Regarding claim 8, the combination of Yuan and Davis teaches the device of claim 1. Yuan further teaches a display screen is arranged on the surface of said main body, and said display screen is electrically connected with said first circuit assembly (light signal processing module's surface is including being equipped with display module).
Regarding claim 9, the combination of Yuan and Davis teaches the device of claim 2. Yuan further teaches the surface of said outer bandage and inner bandage is provided with a vent groove (Preferably, a plurality of grooves are uniformly formed in the outer sides of the first binding band and the second binding band).
Regarding claim 10, the combination of Yuan and Davis teaches the device of claim 1. Yuan further teaches the first sensor includes a light receiving tube (receiving module for receiving the transmitted light) and a light-emitting tube (transmitted light of the light-emitting module). Yuan fails to teach a temperature sensor, pressure sensor, and motion sensor. Davis further teaches a temperature sensor (second sensor may be a temperature sensor), a pressure sensor (pressure measurements) and a motion sensor (Physiological measurements may also include motion and/or movement of the body).
Claim(s) 6,7, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yuan in view of Davis and Miller et al (US 11540752 B1); hereinafter Miller.
Regarding claim 6, the combination of Yuan and Davis teaches the device of claim 5. The combination fails to teach an adaptive cushion. Miller teaches said first adaptive cushion includes little finger circumference adaptive cushion, middle finger circumference adaptive cushion, and thumb circumference adaptive cushion (The housing 1204 may be to match a resting shape of a patient's hand as a finger of the patient is inserted into the finger clasp 1202). It would have been obvious to a person having ordinary skill in the art before the effective filing date of this invention to modify the combination of Yuan and Davis with Miller because there is sone teaching, suggestion, or motivation to do so. Miller teaches that this adjustable feature makes the device ergonomic.
Regarding claim 7, the combination of Yuan and Davis teaches the device of claim 1. The combination fails to teach the adaptive cushion. Miller teaches a second adaptive cushion wherein said second adaptive cushion is provided with the second through-hole used to detect signal via the sensor (The housing 1204 may be ergonomically shaped to match a resting shape of a patient's hand as a finger of the patient is inserted into the finger clasp 1202). It would have been obvious to a person having ordinary skill in the art before the effective filing date of this invention to modify the combination of Yuan and Davis with Miller because there is sone teaching, suggestion, or motivation to do so. Miller teaches that this adjustable feature makes the device ergonomic.
Regarding claim 11, the combination of Yuan and Davis teaches the device of claim 1. The combination fails to teach an adaptive cushion. Miller teaches a third adaptive cushion(The housing 1204 may be ergonomically shaped to match a resting shape of a patient's hand as a finger of the patient is inserted into the finger clasp 1202). It would have been obvious to a person having ordinary skill in the art before the effective filing date of this invention to modify the combination of Yuan and Davis with Miller because there is sone teaching, suggestion, or motivation to do so. Miller teaches that this adjustable feature makes the device ergonomic. Yuan further teaches said third adaptive cushion is arranged within said annular shape formed by said main body and magnetic bandages when in use (see fig. 1 for annular shape);
said third adaptive cushion includes the first silica gel layer, the second silica gel layer and the third magnet; wherein said first silica gel layer is provided with the third through-hole corresponding to said first sensor in position; said first silica gel layer and the second silica gel layer are buckled to form a cushion space; said third magnet is fixedly arranged in said cushion space (the first bandage 501 and the second bandage 502 are made of elastic materials such as silica gel/rubber/TPU/TPE - it would be obvious to make the adjustable/interchangeable cushion parts out of the same material in layers as well).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dhrasti SNEHAL Dalal whose telephone number is (571)272-0780. The examiner can normally be reached Monday - Thursday 8:30 am - 6:00 pm, Alternate Friday off, 8:30 am - 5:00 pm.
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/D.S.D./Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796