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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/28/2026 has been entered.
Response to Amendment
The amendments and remarks, filed on 1/28/2026, has been entered. The previous prior art rejection is withdrawn and a new prior art rejection is applied to address the claim amendments.
Claim Status
Claims 1-2, 4-10, 12-14, and 21-28 are pending and being examined.
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 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.
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) 1-2, 4-10, 12-14 and 21-28 are rejected under 35 U.S.C. 103 as being unpatentable over Thors (US 20220007972 A1; hereinafter “Thors”; already of record on IDS filed 10/25/2023) in view of Mayer et al (US 20130192338 A1; hereinafter “Mayer”; already of record), and in further view of Teranishi et al (US 20250147005 A1; hereinafter “Teranishi”; priority filed on 1/27/2022).
Regarding claim 1, Thors teaches a monitoring device for measuring volatile organic compounds present in ambient air surround the monitoring device (Thors; Abstract; para [116, 117]; a test for hypoglycemia using ambient air as the sample and VOCs as the analyte…The sensor system 50 detects the VOCs present in the sample), the monitoring device comprising:
a housing of the monitoring device (Thors; Fig. 1; para [82]; housing 10), the housing defined by an outer peripheral wall (Thors; Fig. 1; para [83]; exterior of the housing), wherein the outer peripheral wall comprises at least an outer surface and an inner surface opposite the outer surface (Thors; Fig. 1; examiner interprets the exterior side walls of the housing/device as the outer surface of the outer peripheral wall and the interior walls of the chamber of the housing/device as the inner surface of the outer peripheral wall); the inner surface defining an interior cavity disposed within the housing (Thors; Fig. 3; para [82]; a chamber 30 in the interior of the housing);
a fan disposed within the interior cavity (Thors; Fig. 2; para [98, 109]; The pump assembly may be an electric fan…pump assembly 90);
a plurality of slots in the outer peripheral wall (Thors; Fig. 1, 4; para [111]; four inlet ports 20a to 20d), the plurality of slots disposed directly above the fan (Thor; para [109]; the pump assembly 90 is located opposite the inlet port 20) and operable to receive ambient air continually pulled from an environment outside of the housing into the interior cavity by the cavity by the fan (Thor; para [98]; The pump assembly functions to assist in drawing a sample (such as ambient air) through the inlet port to the chamber where the sample contacts the sensor system; the limitation of “continually pull” is directed to the function of the fan, thus it is deemed that the claimed fan is not differentiated from the fan of Thor (see MPEP §2114));
a visual indicator disposed on the outer surface of the outer peripheral wall to indicate a status of the monitoring device (Thors; para [101]; the notification module may be a visual display; examiner notes that the notification module 102 is seen on the first surface from a birds eye view in Figs. 3 and 4, but shown on the side as seen in Fig. 1. Thus, the limitation is met based on the interpretation of the outer surface recited above);
one or more buttons disposed on the outer surface of the outer peripheral wall (Thors; Fig. 2; para [100, 116]; The user input 100 is in communication with at least the controller and may be in the form of a push button or the like…The controller may be programmed to begin a test on a predetermined schedule or as directed by a user, such as through a user input 100; examiner notes the user input is seen in Fig. 2 from a bird’s eye perspective, thus would be on the top surface interpreted as part of the outer surface of the outer peripheral wall. Additionally, the button would be positioned on the outer surface of the outer peripheral wall in order to be pressed by a user), wherein each of the one or more buttons is operable to be independently selected by one or more unique users of a household (Thors; Fig. 2; para [100, 116]; user input is in communication with at least the controller and may be in the form of a push button…the controller may be programmed to begin a test on a predetermined schedule or as directed by a user, such as through a user input 100 on the wearable device 1);
a sensor that is disposed within the housing (Thors; Fig. 2; para [83]; The housing defines an interior portion, at least a portion of which is hollow to allow the additional components to be contained within the housing; as seen in Fig. 2, the sensor system is in the interior chamber), the sensor comprising a film (Thors; para [59, 67]; the sensor is a semi-conductor metal oxide sensor…the metal oxide sensing layer is altered when target analytes are present) that is offset from a printed circuit board (Thors; Fig. 2; para [93]; the sensor system and the controller are placed on a printed circuit board), wherein the sensor to continually receives the ambient air including the volatile organic compounds (Thors; para [98]; The pump assembly functions to assist in drawing a sample (such as ambient air) through the inlet port to the chamber where the sample contacts the sensor system; the limitation of “continually receive” is directed to the function of sensor fan, thus it is deemed that the claimed sensor is not differentiated from the sensor of Thor) and detects a change in resistance associated with a presence of volatile organic compounds in the ambient air (Thors; para [61]; The sensor comprises a sensor material capable of detecting the analyte (for example, a VOC)…the signal is a change in an electrical property, such as, but not limited to, a change in conductivity (resistance));
a processor operatively coupled with the sensor and programmed with executable instructions (Thors; para [66]; each sensor of the sensor system transmits the signal directly to the controller of the device) that cause the processor to:
receive the detected change in resistance from the sensor as a measurement (Thors; para [66]; each sensor of the sensor system transmits the signal directly to the controller of the device), and
calculate the change in resistance over a period of time as ambient air is continually pulled into the interior cavity (Thors; para [61, 118]; The sensor comprises a sensor material capable of detecting the analyte (for example, a VOC)…the signal is a change in an electrical property, such as, but not limited to, a change in conductivity (resistance) The signal is analyzed by the controller to produce a result for a given analyte… receiving device can be programmed to include an application that serves as the interface for observing and analyzing the information transmitted and to provide a display of the transmitted information over time); and
transmit, via a wireless transmitter operatively coupled with the processor (Thors; para [95]; the wearable device further comprises a wireless communication module), the calculated change in resistance over the period of time to a web server in electronic communication with the monitoring device over a network (Thors; para [117]; the data, results, and/or status are transmitted form the controller 60, via the wireless module 70, to one or more receiving devices (i.e., a separate computing device)).
Thors does not teach that the film is offset from the printed circuit board (PCB) by a support plate forming a space between the film and the PCB.
However, Mayer teaches an analogous art of a portable electronic device comprising a chemical sensor (Mayer; Abstract) comprising a sensor further comprising a film (Mayer; Fig. 3, 4, 5; para [64]; a chemical sensor chip 121) offset from a printed circuit board (Mayer; Fig. 3, 4, 5; para [52]; inside the housing, a printed circuit board 3… printed circuit board 3 supports a chemical sensor 12) by a support plate forming a space between the film and the PCB that is configured to receive the ambient air (Mayer; Fig. 6; para [52]; the chemical sensor 12 may be embodied in the mould-variant or in the TSV-variant and is attached to the printed circuit board 3 via solder balls 122). It would have been obvious to one of ordinary skill in the art to have modified the monitoring device of Thors to comprise the supporting plate as taught by Mayer, because Mayer teaches that the solder balls provide electrical connections to the chemical sensor chip (Mayer; para [61, 62]).
Modified Thors does not teach wherein the web server compares the calculated change in resistance over the period of time to a baseline level of resistance associated with a unique user of the one or more unique users and determines a set of dietary recommendations associated with an intestinal microbiome of the unique user.
However, Teranishi teaches an analogous art of a detector configured to detect gas (Teranishi; Abstract) comprising a sensor continually receives the ambient air including the volatile organic compounds and detects a change in resistance associated with a presence of volatile organic compounds in the ambient air (Teranishi; para [95, 99]; The gas sensor 143 may be a sensor configured to output different detection signals depending on the concentration of the detected gas… supply of the sample gas to the gas sensor 143 can decrease the voltage value VS applied to the sensor element in accordance with the concentration of the detected gas contained in the sample gas); a processor operatively coupled with the sensor and programmed with executable instructions (Teranishi; para [77]; the gas detection device 1 includes a controller 10) that cause the processor to: receive the detected change in resistance from the sensor as a measurement (Teranishi; para [99]; supply of the sample gas to the gas sensor 143 can decrease the voltage value VS applied to the sensor element in accordance with the concentration of the detected gas contained in the sample gas); calculate the change in resistance over a period of time as ambient air is continually pulled into the interior cavity (); and transmit, via a wireless transmitter operatively coupled with the processor, the calculated change in resistance over the period of time to a web server in electronic communication with the monitoring device over a network (Teranishi; Fig. 9; para [112]; The detector 102 outputs, to the communicator 16, information indicating the type and concentration of the detected predetermined component, and outputs, to the main controller 101, information indicating that the detection of the predetermined component is completed), wherein the web server compares the calculated change in resistance over the period of time to a baseline level of resistance associated with a unique user of the one or more unique users and determines a set of dietary recommendations associated with an intestinal microbiome of the unique user (Teranishi; Fig. 2, 9; para [133]). Teranishi teaches Figure 9 which depicts the block diagram of the system from when the gas is detected and arrives at the dietary recommendation as described in paragraph 99. It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the web server of modified Thors to determine dietary recommendations as taught by Teranishi, because Teranishi teaches that the system may provide remarks for the user to consult a dietitian regarding health issues based on the information (Teranishi; para [69, 133]).
Regarding claim 2, modified Thors teaches the monitoring device of claim 1, wherein the one or more buttons are configurable according to a user of the monitoring device (Thors; para [100]; The user input may be used when the user desires to initiate a reading other than one that is programmed by the controller. The user input is in communication with at least the controller and may be in the form of a push button or the like).
Regarding claim 4, modified Thors teaches the monitoring device of claim 3, wherein the film comprises a metal oxide layer (Thors; para [67]; the metal oxide sensing layer is altered when target analytes are present).
Regarding claim 5, modified Thors teaches the monitoring device of claim 4, wherein the metal oxide layer comprises a semiconductive material, and wherein the semiconductive material is configured to change a resistance of the sensor when exposed to the ambient air (Thors; para [59, 61, 67]; the sensor is a semi-conductor metal oxide sensor...the signal is directly correlated to the presence, amount, or concentration of the analyte in the sample… resistance of the metal oxide sensing layer is altered when target analytes are present).
Regarding claim 6, modified Thors teaches the monitoring device of claim 5, further comprising a resistance gauge configured to measure the change of the resistance of the sensor as the semiconductive material is exposed to the ambient air (Thors; para [61]; the signal is a change in an electrical property…signal is analyzed by the controller to produce a result for a given analyte… the signal is a change in an electrical property, such as, but not limited to, a change in conductivity (resistance)).
Regarding claim 7, modified Thors teaches the monitoring device of claim 3, wherein the PCB comprises a communications terminal, the communications terminal configured to communicate with a downstream entity via an electronic network (Thors; para [89, 93]; the sensor system and the controller are placed on a printed circuit board and interconnected).
Regarding claim 8, modified Thors teaches the monitoring device of claim 1, further comprising a user interface configured to receive biometric data of a user to assign to the one or more buttons (Thors; para [100]; The user input may be used when the user desires to initiate a reading other than one that is programmed by the controller. The user input is in communication with at least the controller and may be in the form of a push button or the like).
Regarding claim 9, Thors teaches a monitoring device for measuring volatile organic compounds present in ambient air surround the monitoring device (Thors; Abstract; para [116, 117]; a test for hypoglycemia using ambient air as the sample and VOCs as the analyte…The sensor system 50 detects the VOCs present in the sample), the monitoring device comprising:
a housing of the monitoring device (Thors; Fig. 1; para [82]; housing 10), the housing defined by an outer peripheral wall (Thors; Fig. 1; para [83]; exterior of the housing), wherein the outer peripheral wall comprises at least an outer surface and an inner surface opposite the outer surface (Thors; Fig. 1; examiner interprets the exterior side walls of the housing/device as the outer surface of the outer peripheral wall and the interior walls of the chamber of the housing/device as the inner surface of the outer peripheral wall); the inner surface defining an interior cavity disposed within the housing (Thors; Fig. 3; para [82]; a chamber 30 in the interior of the housing);
a fan disposed within the interior cavity (Thors; Fig. 2; para [98, 109]; The pump assembly may be an electric fan…pump assembly 90);
a plurality of slots in the outer peripheral wall (Thors; Fig. 1, 4; para [111]; four inlet ports 20a to 20d), the plurality of slots disposed directly above the fan (Thor; para [109]; the pump assembly 90 is located opposite the inlet port 20) and operable to receive ambient air continually pulled from an environment outside of the housing into the interior cavity by the cavity by the fan (Thor; para [98]; The pump assembly functions to assist in drawing a sample (such as ambient air) through the inlet port to the chamber where the sample contacts the sensor system; the limitation of “continually pull” is directed to the function of the fan, thus it is deemed that the claimed fan is not differentiated from the fan of Thor (see MPEP §2114));
one or more buttons disposed on the first surface (Thors; Fig. 2; para [100]; The user input 100 is in communication with at least the controller and may be in the form of a push button or the like; examiner notes the user input is seen in Fig. 2 from a bird’s eye perspective, thus would be on the top surface interpreted as part of the first surface), wherein each of the one or more buttons is operable to be independently selected to indicate that the monitoring device is in use by unique user (Thors; Fig. 2; para [100, 116]; user input is in communication with at least the controller and may be in the form of a push button…the controller may be programmed to begin a test on a predetermined schedule or as directed by a user, such as through a user input 100 on the wearable device 1);
a visual indicator disposed on the outer surface of the outer peripheral wall (Thors; para [101]; the notification module may be a visual display; examiner notes that the notification module 102 is seen on the first surface from a birds eye view in Figs. 3 and 4, but shown on the side as seen in Fig. 1. Thus, the limitation is met based on the interpretation of the outer surface recited above);
a sensor comprising:
a film comprising a metal oxide layer (Thors; para [59, 67]; the sensor is a semi-conductor metal oxide sensor…the metal oxide sensing layer is altered when target analytes are present);
a printed circuit board (PCB) vertically offset from the film (Thors; Fig. 2; para [93]; the sensor system and the controller are placed on a printed circuit board), wherein the PCB continually receives the ambient air including the volatile organic compounds (Thors; para [98]; The pump assembly functions to assist in drawing a sample (such as ambient air) through the inlet port to the chamber where the sample contacts the sensor system; the limitation of “continually receive” is directed to the function of sensor fan, thus it is deemed that the claimed sensor is not differentiated from the sensor of Thor), and wherein the sensor detects a change in resistance associated with a presence of the volatile organic compounds (Thors; para [61]; The sensor comprises a sensor material capable of detecting the analyte (for example, a VOC)…the signal is a change in an electrical property, such as, but not limited to, a change in conductivity (resistance));
a processor operatively coupled with the sensor and programmed with executable instructions (Thors; para [66]; each sensor of the sensor system transmits the signal directly to the controller of the device) that cause the processor to:
receive the detected change in resistance from the sensor as a measurement (Thors; para [66]; each sensor of the sensor system transmits the signal directly to the controller of the device), and
calculate the change in resistance over a period of time as ambient air is continually pulled into the interior cavity (Thors; para [61, 118]; The sensor comprises a sensor material capable of detecting the analyte (for example, a VOC)…the signal is a change in an electrical property, such as, but not limited to, a change in conductivity (resistance) The signal is analyzed by the controller to produce a result for a given analyte… receiving device can be programmed to include an application that serves as the interface for observing and analyzing the information transmitted and to provide a display of the transmitted information over time); and
transmit, via a wireless transmitter operatively coupled with the processor (Thors; para [95]; the wearable device further comprises a wireless communication module), the calculated change in resistance over the period of time to a web server in electronic communication with the monitoring device over a network (Thors; para [117]; the data, results, and/or status are transmitted form the controller 60, via the wireless module 70, to one or more receiving devices (i.e., a separate computing device)).
Thors does not teach a support plate, wherein the support plate is affixed to the film such that a space is formed between the film and the PCB.
However, Mayer teaches an analogous art of a portable electronic device comprising a chemical sensor (Mayer; Abstract) comprising a sensor further comprising a film (Mayer; Fig. 3, 4, 5; para [64]; a chemical sensor chip 121) offset from a printed circuit board (Mayer; Fig. 3, 4, 5; para [52]; inside the housing, a printed circuit board 3… printed circuit board 3 supports a chemical sensor 12) by a support plate forming a space between the film and the PCB that is configured to receive the ambient air (Mayer; Fig. 6; para [52]; the chemical sensor 12 may be embodied in the mould-variant or in the TSV-variant and is attached to the printed circuit board 3 via solder balls 122). It would have been obvious to one of ordinary skill in the art to have modified the monitoring device of Thors to comprise the supporting plate as taught by Mayer, because Mayer teaches that the solder balls provide electrical connections to the chemical sensor chip (Mayer; para [61, 62]).
Modified Thors does not teach wherein the web server compares the calculated change in resistance over the period of time to a baseline level of resistance associated with a unique user of the one or more unique users and determines a set of dietary recommendations associated with an intestinal microbiome of the unique user.
However, Teranishi teaches an analogous art of a detector configured to detect gas (Teranishi; Abstract) comprising a sensor continually receives the ambient air including the volatile organic compounds and detects a change in resistance associated with a presence of volatile organic compounds in the ambient air (Teranishi; para [95, 99]; The gas sensor 143 may be a sensor configured to output different detection signals depending on the concentration of the detected gas… supply of the sample gas to the gas sensor 143 can decrease the voltage value VS applied to the sensor element in accordance with the concentration of the detected gas contained in the sample gas); a processor operatively coupled with the sensor and programmed with executable instructions (Teranishi; para [77]; the gas detection device 1 includes a controller 10) that cause the processor to: receive the detected change in resistance from the sensor as a measurement (Teranishi; para [99]; supply of the sample gas to the gas sensor 143 can decrease the voltage value VS applied to the sensor element in accordance with the concentration of the detected gas contained in the sample gas); calculate the change in resistance over a period of time as ambient air is continually pulled into the interior cavity (); and transmit, via a wireless transmitter operatively coupled with the processor, the calculated change in resistance over the period of time to a web server in electronic communication with the monitoring device over a network (Teranishi; Fig. 9; para [112]; The detector 102 outputs, to the communicator 16, information indicating the type and concentration of the detected predetermined component, and outputs, to the main controller 101, information indicating that the detection of the predetermined component is completed), wherein the web server compares the calculated change in resistance over the period of time to a baseline level of resistance associated with a unique user of the one or more unique users and determines a set of dietary recommendations associated with an intestinal microbiome of the unique user (Teranishi; Fig. 2, 9; para [133]). Teranishi teaches Figure 9 which depicts the block diagram of the system from when the gas is detected and arrives at the dietary recommendation as described in paragraph 99. It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the web server of modified Thors to determine dietary recommendations as taught by Teranishi, because Teranishi teaches that the system may provide remarks for the user to consult a dietitian regarding health issues based on the information (Teranishi; para [69, 133]).
Regarding claim 10, modified Thors teaches the monitoring device of claim 9, the sensor further comprising: a resistance gauge configured to measure a change in a resistance of the film as the film is exposed to the ambient air (Thors; para [61]; the signal is a change in an electrical property…signal is analyzed by the controller to produce a result for a given analyte…the signal is a change in an electrical property, such as, but not limited to, a change in conductivity (resistance)).
Regarding claim 12, modified Thors teaches the monitoring device of claim 9, wherein the metal oxide layer is comprised of a semiconductive material configured to alter a resistance of gas molecules in the ambient air (Thors; para [59, 67]; the sensor is a semi-conductor metal oxide sensor...a sensor as described in the present application is a metal oxide sensor. Resistance of the metal oxide sensing layer is altered when target analytes are present).
Regarding claim 13, modified Thors teaches the monitoring device of claim 9, wherein the PCB comprises a communications terminal configured to communicate with a downstream entity via an electronic network (Thors; para [89, 93]; the sensor system and the controller are placed on a printed circuit board and interconnected).
Regarding claim 14, modified Thors teaches the monitoring device of claim 9, wherein the volatile organic compounds include short chain fatty acids (SFCAs) (Thors; para [67]; For VOC detection, metal oxide sensors that show the highest sensitivity to reducing gasses are preferred). The limitation “the volatile organic compounds” is intended use of the monitoring device. The limitation is not a positively recited structure/element comprised by the element, thus the limitation is not required.
Regarding claim 21, Thors teaches a monitoring device for measuring volatile organic compounds present in ambient air surround the monitoring device (Thors; Abstract; para [116, 117]; a test for hypoglycemia using ambient air as the sample and VOCs as the analyte…The sensor system 50 detects the VOCs present in the sample) , the monitoring device comprising:
a housing of the monitoring device (Thors; Fig. 1; para [82]; housing 10), the housing defined by an outer peripheral wall (Thors; Fig. 1; para [83]; exterior of the housing), wherein the outer peripheral wall comprises at least an outer surface and an inner surface opposite the outer surface (Thors; Fig. 1; examiner interprets the exterior side walls of the housing/device as the outer surface of the outer peripheral wall and the interior walls of the chamber of the housing/device as the inner surface of the outer peripheral wall); the inner surface defining an interior cavity disposed within the housing (Thors; Fig. 3; para [82]; a chamber 30 in the interior of the housing);
a fan disposed within the interior cavity (Thors; Fig. 2; para [98, 109]; The pump assembly may be an electric fan…pump assembly 90);
a plurality of slots in the outer peripheral wall (Thors; Fig. 1, 4; para [111]; four inlet ports 20a to 20d), the plurality of slots disposed directly above the fan (Thor; para [109]; the pump assembly 90 is located opposite the inlet port 20) and operable to receive ambient air continually pulled from an environment outside of the housing into the interior cavity by the cavity (Thor; para [98]; The pump assembly functions to assist in drawing a sample (such as ambient air) through the inlet port to the chamber where the sample contacts the sensor system; the limitation of “continually pull” is directed to the function of the fan, thus it is deemed that the claimed fan is not differentiated from the fan of Thor (see MPEP §2114));
one or more buttons disposed on the outer surface of the outer peripheral wall (Thors; Fig. 2; para [100, 116]; The user input 100 is in communication with at least the controller and may be in the form of a push button or the like…The controller may be programmed to begin a test on a predetermined schedule or as directed by a user, such as through a user input 100; examiner notes the user input is seen in Fig. 2 from a bird’s eye perspective, thus would be on the top surface interpreted as part of the outer surface of the outer peripheral wall. Additionally, the button would be positioned on the outer surface of the outer peripheral wall in order to be pressed by a user), wherein each of the one or more buttons is operable to be independently selected by one or more unique users of a household (Thors; Fig. 2; para [100, 116]; user input is in communication with at least the controller and may be in the form of a push button…the controller may be programmed to begin a test on a predetermined schedule or as directed by a user, such as through a user input 100 on the wearable device 1);
a sensor comprising:
a printed circuit board (PCB) vertically offset from the film (Thors; Fig. 2; para [93]; the sensor system and the controller are placed on a printed circuit board), wherein the PCB continually receives the ambient air including the volatile organic compounds (Thors; para [98]; The pump assembly functions to assist in drawing a sample (such as ambient air) through the inlet port to the chamber where the sample contacts the sensor system; the limitation of “continually receive” is directed to the function of sensor fan, thus it is deemed that the claimed sensor is not differentiated from the sensor of Thor), and wherein the sensor detects a change in resistance associated with a presence of the volatile organic compounds (Thors; para [61]; The sensor comprises a sensor material capable of detecting the analyte (for example, a VOC)…the signal is a change in an electrical property, such as, but not limited to, a change in conductivity (resistance));
a film (Thors; para [59, 67]; the sensor is a semi-conductor metal oxide sensor…the metal oxide sensing layer is altered when target analytes are present) disposed in the second plane (Thors; Fig. 2; para [93]; the sensor system and the controller are placed on a printed circuit board); and
a resistance gauge configured to measure the change of the resistance of the sensor as a semiconductive material of the film is exposed to the ambient air (Thors; para [61]; the signal is a change in an electrical property…signal is analyzed by the controller to produce a result for a given analyte…the signal is a change in an electrical property, such as, but not limited to, a change in conductivity (resistance));
a processor operatively coupled with the sensor and programmed with executable instructions (Thors; para [66]; each sensor of the sensor system transmits the signal directly to the controller of the device) that cause the processor to:
receive the detected change in resistance from the sensor as a measurement (Thors; para [66]; each sensor of the sensor system transmits the signal directly to the controller of the device), and
calculate the change in resistance over a period of time as ambient air is continually pulled into the interior cavity (Thors; para [61, 118]; The sensor comprises a sensor material capable of detecting the analyte (for example, a VOC)…the signal is a change in an electrical property, such as, but not limited to, a change in conductivity (resistance) The signal is analyzed by the controller to produce a result for a given analyte… receiving device can be programmed to include an application that serves as the interface for observing and analyzing the information transmitted and to provide a display of the transmitted information over time); and
transmit, via a wireless transmitter operatively coupled with the processor (Thors; para [95]; the wearable device further comprises a wireless communication module), the calculated change in resistance over the period of time to a web server in electronic communication with the monitoring device over a network (Thors; para [117]; the data, results, and/or status are transmitted form the controller 60, via the wireless module 70, to one or more receiving devices (i.e., a separate computing device)).
Thors does not teach a support plate, wherein the support plate is affixed to the film such that a space is formed between the film and the PCB.
However, Mayer teaches an analogous art of a portable electronic device comprising a chemical sensor (Mayer; Abstract) comprising a sensor further comprising a film (Mayer; Fig. 3, 4, 5; para [64]; a chemical sensor chip 121) and a support plate, wherein the support plate is affixed to the film such that a space is formed between the film and the PCB (Mayer; Fig. 3, 4, 5; para [52]; inside the housing, a printed circuit board 3… printed circuit board 3 supports a chemical sensor 12…the chemical sensor 12 may be embodied in the mould-variant or in the TSV-variant and is attached to the printed circuit board 3 via solder balls 122). It would have been obvious to one of ordinary skill in the art to have modified the monitoring device of Thors to comprise the supporting plate as taught by Mayer, because Mayer teaches that the solder balls provide electrical connections to the chemical sensor chip (Mayer; para [61, 62]).
Modified Thors does not teach wherein the web server compares the calculated change in resistance over the period of time to a baseline level of resistance associated with a unique user of the one or more unique users and determines a set of dietary recommendations associated with an intestinal microbiome of the unique user.
However, Teranishi teaches an analogous art of a detector configured to detect gas (Teranishi; Abstract) comprising a sensor continually receives the ambient air including the volatile organic compounds and detects a change in resistance associated with a presence of volatile organic compounds in the ambient air (Teranishi; para [95, 99]; The gas sensor 143 may be a sensor configured to output different detection signals depending on the concentration of the detected gas… supply of the sample gas to the gas sensor 143 can decrease the voltage value VS applied to the sensor element in accordance with the concentration of the detected gas contained in the sample gas); a processor operatively coupled with the sensor and programmed with executable instructions (Teranishi; para [77]; the gas detection device 1 includes a controller 10) that cause the processor to: receive the detected change in resistance from the sensor as a measurement (Teranishi; para [99]; supply of the sample gas to the gas sensor 143 can decrease the voltage value VS applied to the sensor element in accordance with the concentration of the detected gas contained in the sample gas); calculate the change in resistance over a period of time as ambient air is continually pulled into the interior cavity (); and transmit, via a wireless transmitter operatively coupled with the processor, the calculated change in resistance over the period of time to a web server in electronic communication with the monitoring device over a network (Teranishi; Fig. 9; para [112]; The detector 102 outputs, to the communicator 16, information indicating the type and concentration of the detected predetermined component, and outputs, to the main controller 101, information indicating that the detection of the predetermined component is completed), wherein the web server compares the calculated change in resistance over the period of time to a baseline level of resistance associated with a unique user of the one or more unique users and determines a set of dietary recommendations associated with an intestinal microbiome of the unique user (Teranishi; Fig. 2, 9; para [133]). Teranishi teaches Figure 9 which depicts the block diagram of the system from when the gas is detected and arrives at the dietary recommendation as described in paragraph 99. It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the web server of modified Thors to determine dietary recommendations as taught by Teranishi, because Teranishi teaches that the system may provide remarks for the user to consult a dietitian regarding health issues based on the information (Teranishi; para [69, 133]).
Regarding claim 22, modified Thors teaches the monitoring device of claim 21, wherein the semiconductive material is configured to change the resistance of the sensor when exposed to the ambient air (Thors; para [67]; Resistance of the metal oxide sensing layer is altered when target analytes are present).
Regarding claim 23, modified Thors teaches the monitoring device of claim 21, wherein the semiconductive material is configured to alter a resistance of gas molecules in the ambient air (Thors; para [67]; Resistance of the metal oxide sensing layer is altered when target analytes are present).
Regarding claim 24, modified Thors teaches the monitoring device of claim 21, wherein the PCB comprises a communications terminal, the communications terminal configured to communicate with a downstream entity via an electronic network (Thors; para [89, 93]; the sensor system and the controller are placed on a printed circuit board and interconnected).
Regarding claim 25, modified Thors teaches the monitoring device of claim 21, further comprising a user interface configured to receive biometric data of a unique user to determine that the monitoring device is in use by the unique user (Thors; para [100]; The user input may be used when the user desires to initiate a reading other than one that is programmed by the controller. The user input is in communication with at least the controller and may be in the form of a push button or the like).
Regarding claim 26, modified Thors teaches the monitoring device of claim 21, wherein the volatile organic compounds include short chain fatty acids (SFCAs) (Thors; para [67]; For VOC detection, metal oxide sensors that show the highest sensitivity to reducing gasses are preferred). The limitation “the volatile organic compounds” is intended use of the monitoring device. The limitation is not a positively recited structure/element comprised by the element, thus the limitation is not required.
Regarding claim 27, modified Thors teaches the monitoring device of claim 21, wherein the sensor is configured to dissociate atmospheric gas molecules in the ambient air into charged ions (Thors; para [59, 67]; the sensor is a semi-conductor metal oxide sensor...a sensor as described in the present application is a metal oxide sensor. Resistance of the metal oxide sensing layer is altered when target analytes are present). The limitation is directed to the function and/or the manner of operating the sensor, all the structural limitations of the claim has been disclosed by Thors in view of Mayer and the sensor of modified Thors is capable of being “configured to dissociate atmospheric gas molecules in the ambient air into charged ions”. As such, it is deemed that the claimed sensor is not differentiated from the sensor of modified Thors (see MPEP §2114).
Regarding claim 28, modified Thors teaches the monitoring device of claim 27, wherein the resistance gauge is configured to measure the change of the resistance based on the dissociation of the atmospheric gas molecules (Thors; para [61]; the signal is a change in an electrical property…signal is analyzed by the controller to produce a result for a given analyte… the signal is a change in an electrical property, such as, but not limited to, a change in conductivity (resistance)). The limitation is directed to the function and/or the manner of operating the resistance gauge, all the structural limitations of the claim has been disclosed by Thors in view of Mayer and the sensor of modified Thors is capable of being “configured to measure the change of the resistance based on the dissociation of the atmospheric gas molecules”. As such, it is deemed that the claimed resistance gauge is not differentiated from the resistance gauge of modified Thors (see MPEP §2114).
Response to Arguments
Applicant’s arguments filed, 12/30/2025, have been considered and the some of the arguments are found to be persuasive. However, those arguments are directed towards the claim amendments. The examiner notes that the previous prior art rejection is withdrawn and a new prior art rejection is applied to address the claim amendments. Further, the arguments not found to be persuasive is addressed below.
In the Applicant’s arguments, on page 13, the Applicant argues that Thors in view of Mayer does not teach the “fan continually pulling ambient air”. The examiner respectfully disagrees. Thors teaches the pump assembly 90 is located opposite the inlet port 20 (Thors; para [109]) and operable to receive ambient air continually pulled from an environment outside of the housing into the interior cavity by the cavity by the fan (Thor; para [98]; The pump assembly functions to assist in drawing a sample (such as ambient air) through the inlet port to the chamber where the sample contacts the sensor system). The limitation of “continually pulled” is directed to the function of the fan, thus it is deemed that the claimed fan is not differentiated from the fan of Thor (see MPEP §2114)). Examiner notes that the fan “continually pulls” while the closure is opened, thus the limitation is still met.
Conclusion
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/A.Q.L./Examiner, Art Unit 1796
/ELIZABETH A ROBINSON/Supervisory Patent Examiner, Art Unit 1796