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 .
Response to Amendment
This office action is responsive to the amendment filed on 11/19/2025. As directed by the amendment, the status of the claim(s) are:
Claim(s) 1-4, 9, 12, 16, 19 has/have been amended;
Claim(s) 13 is/are cancelled;
Claim(s) 1-12, 14-19 is/are presently pending.
Response to Arguments
Applicant’s arguments with respect to the amended claim(s) have been considered and is correct with regard to the reference(s) cited not teaching the amended claim element(s). However, a new ground of rejection necessitated by the amendment is presented which prevents allowance.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1-2, 10, 12, 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khine (US 20170281082 A1; 10/05/2017; cited in previous office action) in view of Yang (US 20160166161 A1; 6/16/2016).
Regarding claim 1, Khine teaches a conformable wearable device (Fig. 1; Fig. 4), comprising:
a sensor module comprising one or more sensors configured to acquire physiological data from a user (Fig. 1; Fig. 4-5; [0006]).
Khine does not teach one or more light emitting components and one or more photodetectors configured to acquire photoplethysmography (PPG) data from a user. However, Yang teaches in the same field of endeavor (Abstract; [0043] “elastic band”) one or more light emitting components and one or more photodetectors configured to acquire photoplethysmography (PPG) data from a user ([0019] “light source and/or detector”; [0020]). Thus it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the teaching of Khine to include this feature as taught by Yang because this enables measuring PPG from conformable wearable device (Fig. 4; [0029]; [0043]).
The combination of Khine and Yang teaches a deformable material coupled with the sensor module and configured to transition between a planar orientation in an unworn state and a non-planar orientation in a worn state (Khine Fig. 1; Fig. 4; [0049]-[0050]; Yang [0043] “silicone…elastic band”); and
a flexible material encases the sensor module and the deformable material (Khine [0049] “sealed within a fabric, silicone, or polymer cover”; Yang [0020] “protrusions being made of materials that can channel/direct, source/detector signals through the protrusions to source and/or detector elements located in the band”; [0029] “soft silicone”; [0043] “silicone…elastic band”), wherein the deformable material is configured to at least partially conform to a body part of the user such that the one or more light emitting components and the one or more photodetectors may perform measurements through the flexible material to acquire the PPG data when the deformable material is in the worn state (Khine [0049] “sealed within a fabric, silicone, or polymer cover”; Yang [0020] “protrusions being made of materials that can channel/direct, source/detector signals through the protrusions to source and/or detector elements located in the band”; [0029] “soft silicone”; [0043] “silicone…elastic band”), and wherein the deformable material is further configured to retain the non-planar orientation after being conformed to the body part of the user (Khine Fig. 1; Fig. 4; [0049]-[0050]; Yang [0043] “silicone…elastic band”).
Regarding claim 2, in the combination of Khine and Yang, Khine teaches wherein the deformable material is further configured to at least partially wrap around the body part of the user, bend along a skin surface of the body part of the user, adhere to the skin surface of the body part the user, or a combination thereof (Fig. 1; Fig. 4; [0049]-[0050]).
Regarding claim 10, in the combination of Khine and Yang, Khine teaches wherein the deformable material is plastically deformable such that an external force is applied to bias the deformable material into the non-planar orientation (Fig. 1; Fig. 4; [0049]-[0050]).
Regarding claim 12, in the combination of Khine and Yang, Khine teaches wherein the flexible material is configured to interface with the sensor module, the deformable material, or both such that one or more antenna elements disposed within the conformable wearable device wirelessly couple one or more components of the conformable wearable device with a user device ([0049]-[0050]; [0052]; [0103]; claims 11-12).
Regarding claim 14, in the combination of Khine and Yang, Khine teaches wherein the flexible material is configured to conform to an outer surface of the body part of the user to form an interference fit around the body part of the user when the conformable wearable device is worn by the user (Fig. 1; Fig. 4; [0049]-[0050]; the nature of a slap band results in an interference fit when worn on body).
Regarding claim 15, the combination of Khine and Yang teaches wherein the flexible material comprises polyurethane, silicon, a transparent material, an opaque material, or a combination thereof (Khine Fig. 1; Fig. 4; [0049] “sealed within a fabric, silicone, or polymer cover”; Yang [0020] “protrusions being made of materials that can channel/direct, source/detector signals through the protrusions to source and/or detector elements located in the band”; [0029] “soft silicone”).
Regarding claim 16, the combination of Khine and Yang teaches wherein the flexible material comprises a transparent material disposed on the one or more light emitting components and the one or more photodetectors (Khine Fig. 1; Fig. 4; [0049] “sealed within a fabric, silicone, or polymer cover”; Yang [0020] “protrusions being made of materials that can channel/direct, source/detector signals through the protrusions to source and/or detector elements located in the band”; [0029] “soft silicone”), a portion of an opaque material is removed over the one or more light emitting components and the one or more photodetectors, or both.
Regarding claim 17, the combination of Khine and Yang teaches one or more fastening components coupled with the flexible material and configured to attach the conformable wearable device to the body part of the user in the worn state (Yang [0043] “joined together through a snap mechanism…”)
Regarding claim 18, in the combination of Khine and Yang, Khine teaches a battery (Fig. 5), wherein the battery is encased in the flexible material and positioned opposite the sensor module (Fig. 3, electronics module 20 has battery which is opposite of sensors 16; Fig. 5; [0049]-[0050]; [0052]).
Regarding claim 19, the combination of Khine and Yang teaches wherein the sensor module further comprises a temperature sensor (Yang ([0024]), a galvanic sensor, or both, disposed on the sensor module within the flexible material (Yang Fig. 1; Fig. 4-5; [0049]-[0050]).
Claim(s) 3-5, 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khine and Yang as applied to claim(s) 1, 2 above, in view of Rajan (US 20120302889 A1; 11/29/2012; cited in previous office action).
Regarding claim 3, in the combination of Khine and Yang, Yang teaches the conformable wearable device comprises a wearable ring device (Yang Fig. 4; [0029]; [0043]).
The combination of Khine and Yang does not explicitly teach the deformable material is configured to at least partially wrap around a digit of the user to bring the sensor module into contact with the digit of the user when the deformable material is in the worn state, and
the deformable material is further configured to retain a circular orientation after being wrapped around the digit of the user.
Note that the combination of Khine and Yang teaches deformable material that retains non-planar orientation as discussed above regarding claim 1 (Khine [0049]-[0050]; Yang Fig. 4; [0043]). However, Rajan teaches in the same field of endeavor (Fig. 1; [0002]) the deformable material is configured to at least partially wrap around a digit of the user to bring the sensor module into contact with the digit of the user when the deformable material is in the worn state (Rajan [0011] “finger…elastic”), and
the deformable material is further configured to retain a circular orientation after being wrapped around the digit of the user (Rajan [0011] “finger”).
Thus it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the teaching of Khine to shape the device using deformable material to be a wearable ring device as taught by Rajan because this enables measuring from the desired tissue site on finger ([0011]) and is an obvious change in shape; MPEP 2144.04.
Regarding claim 4, the combination of Khine, Yang, and Rajan teaches an overlapping portion positioned away from the sensor module in the circular orientation and arranged to avoid interfering with measurements by the one or more light emitting compontenst and the one or more photodetectors (Khine Fig. 1; Fig. 4; [0049]-[0050]; Yang Fig. 4; [0043]; Rajan [0011] “finger”).
Regarding claim 5, the combination of Khine, Yang, and Rajan teaches one or more locking components coupled with the flexible material and configured to transition the conformable wearable device between an unclasped state and a clasped state to retain the circular orientation (Yang [0043]; Rajan [0011] “fastener”).
Regarding claim 7, the combination of Khine, Yang, and Rajan teaches wherein the deformable material comprises a material that is pre-stressed to bias into the circular orientation (Khine Fig. 1; Fig. 4; [0049]-[0050]; Rajan [0011]).
Regarding claim 8, the combination of Khine, Yang, and Rajan teaches wherein the deformable material is configured to exert pressure on the flexible material to bias the flexible material into the circular orientation. wherein the deformable material is configured to exert pressure on the flexible material to bias the flexible material into the circular orientation (Khine Fig. 1; Fig. 4; [0049]-[0050]; Rajan [0011]).
Regarding claim 9, the combination of Khine and Yang does not explitly teach the deformable material is arranged to avoid interfering with measurements by the one or more light emitting components and the one or more photodetectors, and
the one or more light emitting components and the one or more photodetectors are disposed on a surface of the deformable material.
Note that the combination of Khine and Yang teaches deformable material that retains non-planar orientation as discussed above regarding claim 1 (Khine [0049]-[0050]; Yang Fig. 4; [0043]). However, Rajan teaches in the same field of endeavor (Fig. 1; [0002]) the deformable material is arranged to avoid interfering with measurements by the one or more light emitting components and the one or more photodetectors (Fig. 1; [0011] “finger…elastic”), and
the one or more light emitting components and the one or more photodetectors are disposed on a surface of the deformable material (Fig. 1; [0011] “elastic”).
Thus it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the teaching of Khine to shape the device to be a wearable ring device for measuring PPG as taught by Rajan because this enables measuring from the desired tissue site on finger ([0011])
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable Khine, Yang, and Rajan as applied to claim 3 above, and further in view of Apoorv (US 20230270384 A1; Filed 6/14/2022; cited in previous office action).
Regarding claim 6, the combination of Khine, Yang, and Rajan does not explicitly teach a gap positioned opposite the sensor module in the circular orientation and configured to maintain the wearable ring device at least partially wrapped around the digit of the user. Note that this would be an obvious change in shape since less material wrapping around finger/digit would result in gap when the slap band is placed on; MPEP 2144.04. However, for the sake of clarity of the record and to avoid doubt, Apoorv teaches in the same field of endeavor (Abstract; [0004]) a gap positioned opposite the sensor module in the circular orientation and configured to maintain the wearable ring device at least partially wrapped around the digit of the user (Fig. 9; [0052]; claim 12). Thus it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the teaching of Khine, Yang, and Rajan to include this feature as taught by Apoorv because this enables adjustment as needed (Fig. 9’ [0052]).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khine and Yang as applied to claim 1 above, in view of Houser (US 20020052568 A1; 5/2/2002; cited in previous office action).
Regarding claim 11, the combination of Khine and Yang does not explicitly teach wherein an elasticity of the deformable material changes with a temperature change. Note that this would seem to be an inherent material property. However, for the sake of clarity of the record and to avoid doubt, Houser teaches in the same field of endeavor (Fig. 18a) wherein an elasticity of the deformable material changes with a temperature change ([0145]). Thus it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the teaching of Khine and Yang to include this feature as taught by Houser because this enables creating better support as temperature changes ([0145]).
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 Jonathan T Kuo whose telephone number is (408)918-7534. The examiner can normally be reached M-F 10 a.m. - 6 p.m. PT.
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/JONATHAN T KUO/Primary Examiner, Art Unit 3792