Prosecution Insights
Last updated: April 19, 2026
Application No. 18/502,326

WEARABLE BIOMETRIC SENSORS

Non-Final OA §103
Filed
Nov 06, 2023
Examiner
PREVIL, DANIEL
Art Unit
2685
Tech Center
2600 — Communications
Assignee
Hid Global Corp.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
98%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
1326 granted / 1547 resolved
+23.7% vs TC avg
Moderate +13% lift
Without
With
+12.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
38 currently pending
Career history
1585
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
55.6%
+15.6% vs TC avg
§102
11.0%
-29.0% vs TC avg
§112
14.6%
-25.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1547 resolved cases

Office Action

§103
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 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. Claims 9-24 are rejected under 35 U.S.C. 103 as being unpatentable over Shyu et al. (US 2023/0377448) in view of Kanukurthy et al. (2019/0318606). Regarding claim 9, Shyu discloses a system (abstract) comprising: head-worn personal protection equipment (PPE) including one or more biometric sensors configured to produce one or more biometric sensor signals (page 3, [0035-0036]). Shyu discloses all the limitations above but fails to explicitly disclose containing physiological information of a wearer of the PPE; a hardware processor and a memory, the memory including instructions that when performed by the processor, cause the processor to process the physiological information of the one or more biometric sensor signals to determine whether the PPE is worn correctly. However, Kanukurthy discloses containing physiological information of a wearer of the PPE (page 6, [0051]); a hardware processor and a memory, the memory including instructions that when performed by the processor (fig. 2), cause the processor to process the physiological information of the one or more biometric sensor signals to determine whether the PPE is worn correctly (determine whether one or more self-check criteria for the worker and/or worker environment are satisfied and perform one or more operations based on whether the self-check are satisfied in page 6, [0051]). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was first filed to incorporate the features of Kanukurthy within the system of Shyu in order to acknowledge message satisfy self-check criteria thereby improving the reliability of the system. Regarding claim 10, Shyu and Kanukurthy disclose all the limitations set forth in claim 9 and Kanukurthy further discloses wherein the memory includes instructions that cause the processor to identify a wearer of the PPE using the physiological information of the one or more biometric sensor signals (page 6, [0051]). Regarding claim 11, Shyu discloses wherein the PPE includes a head mounted display; and wherein the memory includes instructions that cause the processor to load preferences of the identified wearer for the head mounted display (page 3, [0034-0035]). Regarding claim 12, Shyu discloses wherein the one or more biometric sensors include an electrical signal sensor configured to sense at least one of an electroencephalogram (EEG) signal of the wearer or a sensed electromyography (EMG) signal of the wearer (page 7, [0062]); and wherein the memory includes instructions that cause the processor to identify the wearer using the at least one of the sensed EEG signal or the sensed EMG signal (fig. 2; page 7, [0062-0063]). Regarding claim 13, Shyu and Kanukurthy discloses all the limitations set forth in claim 9 and Kanukurthy discloses wherein the one or more biometric sensors include a video sensor to provide a video signal including image information of the wearer; and wherein the memory includes instructions that cause the processor to: detect at least one of eye movement of the wearer or facial muscle movement of the wearer using the video signal; and generate an indication of compliance in the wearing of the PPE according to the detected eye movement or facial muscle movement (page 5, [0036-0037]). Regarding claim 14, Shyu discloses wherein the one or more biometric sensors include a blood flow sensor to provide a blood sensor signal containing blood flow information; and wherein the memory includes instructions that cause the processor to: detect blood flow of the wearer using the blood flow sensor signal; and generate an indication of compliance in the wearing of the PPE according to the detected blood flow (fig. 2; page 4, [0045]; page 6, [0056]). Regarding claim 15, Shyu and Kanukurthy disclose all the limitations set forth in claim 9 and Kanukurthy further discloses wherein the one or more biometric sensors include an electrical signal sensor configured to sense one or more physiological electrical signals of the wearer near the temporal area of the wearer; and wherein the memory includes instructions that cause the processor to generate an indication of compliance in the wearing of the PPE according to the detected physiological electrical signals (page 6, [0051-0052]). Regarding claim 16, Shyu discloses wherein the electrical signal sensor is configured to sense at least one of an electroencephalogram (EEG) signal of the wearer or an electromyography (EMG) signal of the wearer; and wherein the memory includes instructions that cause the processor to generate an indication of compliance in the wearing of the PPE according to the at least one of the sensed EEG signal or the sensed EMG signal (page 7, [0062-0063]). Regarding claim 17, Shyu discloses including a transmitter configured to transmit a wireless signal indicating one or both of an identifier of the PPE and an indication of compliance in wearing of the PPE (page 3, [0033-0035]). Regarding claim 18, Shyu and Kanukurthy disclose all the limitations set forth in claim 1 and Kanukurthy further discloses wherein the PPE is one of safety goggles, a hard hat, or a helmet (page 1, [0003]). Regarding claim 19, Shyu discloses a receiver configured to receive a wireless signal; at least one hardware verifier device processor and a verifier device memory, the at least one verifier device processor operatively coupled to the receiver, and the verifier device memory including instructions that when performed by the verifier device processor, cause the at least one verifier device processor to perform operations including: decoding an identifier of personal protection equipment (PPE) included in the received wireless signal and an indication of compliance in wearing of the PPE included in the received wireless signal (fig. 12; page 3, [0033-0035]). Regarding claim 20, Shyu discloses wherein the verifier device memory further includes instructions that cause the at least one verifier device processor to perform operations including enabling operation of a machine according to the indication of compliance in wearing of the PPE (fig. 1; fig. 12; page 4, [0042-0044]). Regarding claim 21, Shyu discloses wherein the verifier device memory further includes instructions that cause the at least one verifier device processor to perform operations including: detecting location of the PPE relative to a controlled area; and enabling access to the controlled area according to the indication of compliance in wearing of the PPE (fig. 1; fig. 12; page 3, [0035]). Regarding claim 22, Shyu discloses wherein the verifier device memory further includes instructions that cause the at least one verifier device processor to perform operations including: decoding an identity of the wearer included in the received wireless; and enabling access to a controlled area according to the identity of the wearer (fig. 1; fig. 12; page 3, [0033-0035]). Regarding claim 23, Shyu discloses wherein the verifier device memory further includes instructions that cause the at least one verifier device processor to perform operations including tracking location of the PPE using the wireless signal (page 3, [0033-0035]). Regarding claim 24, Shyu discloses wherein the verifier device memory further includes instructions that cause the at least one verifier device processor to perform operations including: detecting location of the PPE in a controlled area; and recording the identified PPE being in the controlled area and the indication of compliance in wearing of the PPE in the controlled area (fig. 1; fig. 12, page 3, [0033-0035]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Petrov (US 9,846,483) discloses headset……….state detection. Brunner et al. (US 2018/0151047) discloses method…….monitoring. Panneer Selvam (US 2020/0187831) discloses standing desk biometrics. Russell et al. (US 2018/0067547) discloses virtual reality……..system. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL PREVIL whose telephone number is (571)272-2971. The examiner can normally be reached Monday-Friday from 9:30 AM -6:00 PM. 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, Wang Quan-Zhen can be reached at 571 272 3114. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. DP February 16, 2026 /DANIEL PREVIL/ Primary Examiner, Art Unit 2685
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Prosecution Timeline

Nov 06, 2023
Application Filed
Feb 16, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
98%
With Interview (+12.6%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 1547 resolved cases by this examiner. Grant probability derived from career allow rate.

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