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 Arguments
Applicant's arguments filed 5/20/2026 have been fully considered but they are not persuasive.
Applicant amended claim 1 to include subject matter from claims 2 and 16 “ to use motion data to trigger reselecting a set of electrodes for performing electrical measurements of a user, where each selection involves measurement and evaluation of corresponding contact metrics (e.g., "select a first subset ... using the first contact metrics", "measure the electrical signals ... using the selected first subset", "in response to the motion state satisfying a first motion criteria ... select a second subset using the second contact metrics", and "use the selected second subset of the plurality of subsets to measure additional electrical signals from the user"). “.
Applicant has argued that the primary reference to by Luna et al.(US20150282768) hereinafter Luna et al. does not teach that these components utilize motion information (e.g., measured motion satisfying a first motion criteria) to prompt re-evaluation of contact metrics and selection of electrodes.
However the examiner respectfully disagrees. Luna et al. does teaches in paragraphs [0052] – [0053], [0052] One or more motion sensors 160 can also be used to determine the orientation of wearable device 170, and relative movement of the same to determine or predict a target location. By predicting a target location, sensor selector 122 can use the predicted target location to begin the selection of optimal subsets of electrodes 110 in a manner that reduces the time to identify a target location. [0053] The motion of the wearer (e.g., impact forces experienced during running) may cause wearable device 170 to travel about the wrist. As such, physiological information generator 120 is configured to determine repeatedly whether to select other subsets of electrodes 110 as optimal subsets of electrodes 110 for acquiring physiological characteristics. For example, physiological information generator 120 can be configured to cycle through multiple combinations of driver electrodes and sink electrodes (e.g., subsets 109a, 109b, 109c, etc.) to determine optimal subsets of electrodes. This is interpreted by the examiner to be where a “motion state” is determined and “as a result of the detected motion, where the motion results in a selected subset of electrodes to change position with respect to the target location, a predicted location may be determined and thus based on the predicted target location”, secondary subsets of electrodes that are more optimal to the target location are repeatedly determined and selected. The determination of subsequent sets of electrodes is based on the detected motion satisfying motion criteria ( movement of a subset of electrodes away from the target location).
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-5 and 7-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Luna et al.(US20150282768) hereinafter Luna et al.
Luna et al. teaches a device including an array 100 of electrodes 110 coupled to a physiological information generator 120 that is configured to generate data representing one or more physiological characteristics associated with a user that is wearing or carrying array 101. Also shown are motion sensors 160, which, for example, can include accelerometers. Motion sensors 160 are not limited to accelerometers. Physiological information generator 120 can determine the bioelectric impedance (“bioimpedance”) of one or more types of tissues of a wearer to identify, measure, and monitor physiological characteristics. [0046] Physiological information generator 120 is shown to include a sensor selector 122, a motion artifact reduction unit 124, and a physiological characteristic determinator 126. Sensor selector 122 is configured to select a subset of electrodes, and is further configured to use the selected subset of electrodes to acquire physiological characteristics. Sensor selector 122 can be configured to determine (periodically or aperiodically) whether the subset of electrodes 110a and 110b are optimal electrodes 110 for acquiring a sufficient representation of the one or more physiological characteristics from the second signal. [0050] Physiological characteristic determinator 126 is configured to receive the physiological-related signal component of the second signal and is further configured to process (e.g., digitally) the signal data including one or more physiological characteristics to derive physiological signals, such as either a heart rate (“HR”) signal or a respiration signal, or both.
Regarding claims 1 and 8, Luna et al teaches a band configured to secure the wearable device to a wrist of a user; a plurality of electrodes positioned to contact the user when the band secures the wearable device to the wrist of the user; a motion sensor positioned at least partially within the wearable device; and a processor configured to: perform a first set of measurements using the plurality of electrodes to determine first contact metrics for a plurality of subsets of the plurality of electrodes;
select a first subset of the plurality of subsets using the first contact metrics; cause the plurality of electrodes to apply electrical signals to the user; measure the electrical signals from the user using the selected first subset of the plurality of electrodes; generate a set of impedance data from the measured electrical signals; [[and]] identify one or more respiratory cycles using the set of impedance data;
determine a motion state of the user using the motion sensor; in response to the motion state satisfying a first motion criteria, perform a second set of measurements using the plurality of electrodes to determine second contact metrics for a plurality of subsets of the plurality of electrodes; select a second subset of the plurality of subsets using the second contact metrics; and use the selected second subset of the plurality of subsets to measure additional electrical signals from the user. Note fig. 1A, paragraphs [0045] – [0055]. Specifically note paragraph [0052] – [0053], [0052] One or more motion sensors 160 can also be used to determine the orientation of wearable device 170, and relative movement of the same to determine or predict a target location. By predicting a target location, sensor selector 122 can use the predicted target location to begin the selection of optimal subsets of electrodes 110 in a manner that reduces the time to identify a target location. [0053] The motion of the wearer (e.g., impact forces experienced during running) may cause wearable device 170 to travel about the wrist. As such, physiological information generator 120 is configured to determine repeatedly whether to select other subsets of electrodes 110 as optimal subsets of electrodes 110 for acquiring physiological characteristics. For example, physiological information generator 120 can be configured to cycle through multiple combinations of driver electrodes and sink electrodes (e.g., subsets 109a, 109b, 109c, etc.) to determine optimal subsets of electrodes. This is interpreted by the examiner to be where a “motion state” is determined and “as a result of the detected motion, where the motion results in a selected subset of electrodes to change position with respect to the target location, a predicted location may be determined and thus based on the predicted target location”, secondary subsets of electrodes that are more optimal to the target location are repeatedly determined and selected. The determination of subsequent sets of electrodes is based on the detected motion satisfying motion criteria ( movement of a subset of electrodes away from the target location).
Regarding claims 2, 9, 12-13 Luna et al teaches wherein the processor is configured to:
perform a set of measurements using the plurality of electrodes to determine a plurality of contact metrics for a plurality of subsets of the plurality of electrodes, wherein each contact metric of the plurality of contact metrics represents a contact quality of a corresponding subset of the plurality of subsets; select a subset of the plurality of subsets using the plurality of contact metrics; and
use the selected subset of the plurality of subsets to measure the electrical signals from the user and wherein determining the set of contact metrics comprises determining a contact impedance for one or more of the electrodes. Note fig. 1A, paragraphs [0045] – [0055] and [0129], [0130] Sensor selector 2420 includes an electrode contact state evaluator 2422, which is configured to determine a state of contact for one or more drive electrodes 2402 and one or more sink electrodes 2404 (or pick-up electrodes 2404). In some examples, electrode contact state evaluator 2422 is configured to determine whether an electrode is contacting (or is sufficiently contacting) tissue. To illustrate, consider a case in which there are four electrodes composed of two pairs of drive and pick up electrodes (e.g., a tetrapolar electrode system), whereby one drive electrode 2402 is floating or otherwise not in contact with tissue. Electrode contact state evaluator 2422 can detect the now “tripolar” electrode system, and can generate data indicating such state. Other components of physiological information generator 2410 may use this information, such as drive signal adjuster 2432 to determine or select a modified current profile or magnitude with which to apply to the drive electrode in contact with tissue. [0131] View of the foregoing, electrode contact data evaluator 2422 facilitates physiological characteristics determination in cases in which less than all electrodes are in contact with tissue. Further, electrode contact state evaluator 2422 can determine a state in which a negligible amount (e.g., none) of the electrodes are in contact with tissue, and then can generate data indicating that a wearable device including electrodes 2402 and 2404 are “off body.” Thus, bioimpedance drive signals may cease or otherwise be reduced and frequency so as to save or otherwise conserve power.
Regarding claims 3 and 10 , Luna et al teaches wherein the processor is configured to:
determine a first subset of electrodes from the plurality of electrodes that is used to apply the electrical signals to the user; and determine a second subset of electrodes from the plurality of electrodes that is used to measure the electrical signals from the user. Note fig. 1A, paragraphs [0045] – [0055] and [0130] – [0131].
Regarding claims 4 and 11, Luna et al teaches wherein the first subset of electrodes comprises different electrodes from the second subset of electrodes. Note fig. 1A, paragraphs [0045] – [0055] and [0130] – [0131].
Regarding claims 5, Luna et al teaches a motion sensor positioned at least partially within the wearable device, wherein the processor is configured to: determine a motion state of the user using the motion sensor; and cause the plurality of electrodes to apply the electrical signals in response to determining that the motion state satisfies a low motion criteria. Note fig. 1A, paragraphs [0045] – [0055] and [0109] – [0110].
Regarding claims 7 and 15 Luna et al teaches a housing; and a touch-sensitive display coupled to the housing; wherein: the band is configured to secure the housing to the wrist of a user; and
at least one of the plurality of electrodes is positioned on the band. Note fig. 1A, paragraphs [0045] – [0055] and [0158] Computing platform 3100 includes a bus 3102 or other communication mechanism for communicating information, which interconnects subsystems and devices, such as processor 3104, system memory 3106 (e.g., RAM, etc.), storage device 3108 (e.g., ROM, etc.), a communication interface 3113 (e.g., an Ethernet or wireless controller, a Bluetooth controller, etc.) to facilitate communications via a port on communication link 3121 to communicate, for example, with a computing device, including mobile computing and/or communication devices with processors. Processor 3104 can be implemented with one or more central processing units (“CPUs”), such as those manufactured by Intel® Corporation, or one or more virtual processors, as well as any combination of CPUs and virtual processors. Computing platform 3100 exchanges data representing inputs and outputs via input-and-output devices 3101, including, but not limited to, keyboards, mice, audio inputs (e.g., speech-to-text devices), user interfaces, displays, monitors, cursors, touch-sensitive displays, LCD or LED displays, and other I/O-related devices.
Regarding claim 14, Luna et al teaches wherein: the electrodes comprise a first set of electrodes positioned at a first location of the wearable device and a second set of electrodes positioned at a second location of the wearable device; and
the selecting the subset of the electrodes comprises selecting one of the first set of electrodes or the second set of electrodes. Note fig. 1A, paragraphs [0045] – [0055] and [0127]-[0134].
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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luna et al.(US20150282768) hereinafter Luna et al. in view of Olivier et al.( CN 108882847) hereinafter Olivier et al.
Luna et al. teaches the claimed invention as set forth above including the use of optical sensors for detecting motion.
However Luna et al. does not specifically set forth an optical sensor coupled to the wearable device, wherein the processor is configured to: generate a set of optical data using the optical sensor; and identify the one or more respiratory cycles using the set of optical data.
Olivier et al. teaches system of the invention comprises at least one low energy sensor and at least one high-energy sensor combination, the at least one low energy sensor and the at least one high-energy sensor operating in series and respectively measuring the original first physiological signal and the original second physiological signal from a human subject. low energy first physiological sensor and a second physiological sensor with high energy are provided for determining the physiological signals of the same physiological parameter, the physiological parameters may include heart rate, heart rate variability and respiratory rate. Additionally, the system includes at least one motion sensor, measuring original motion reference signal from the motion sensor, and at least one microprocessor, the at least one microprocessor to perform the selective control of said low energy sensor and the high energy sensor, the sampling frequency of the motion sensor for selectively controlling and selectively the motion correction process. the high energy sensor and the low energy sensor during changing of a user activity level evaluation can be provided with activation overlap. Referring to FIG. 1, wearable device, physiological monitoring system 100 comprises in the mobile technology and internet technology background of 101. The wearable device 101 comprises a sensor, the sensor is used for the physiological parameter and the motion parameter of the human subject is sampled so as to obtain physiological parameters (such as heart rate, heart rate variability and respiratory rate). sensor of wearable device 101 comprises at least one low-energy sensor 106 and at least one high-energy sensor 104. low energy sensor 106 may include at least two counter electrode 102 103 BIA sensor and high-energy sensor 104 can be a PPG sensor.
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to include in the device of Luna et al. an optical sensor in addition to the electrode sensors for detecting respiratory rate as taught by Olivier et al. to improve efficiency and prolong battery life.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
STRAKA et al.( CN 111343901) teaches an elastic fabric belt, which provides a sensor platform for the wearer to sense the plurality of biological characteristic data, the band comprising: an ECG sensor is combined to the inner surface of the main body of the belt. Sensor configuration of one exemplary scheme is a four-electrode ECG sensor configuration. the cost of such ECG design may be a consideration, but such a design may bring better signal performance. the theoretical four-sensor ECG behind the design is that processor 16 can switch configuration (a plurality of the ECG sensor) between each pair of sensors to find the best signal quality sensor and using the sensor when the motion sensing of the wearer.
THIS ACTION IS MADE FINAL. 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 BRIAN L CASLER whose telephone number is (571)272-4956. The examiner can normally be reached M-Th 6:30 to 4:30.
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, Charles Marmor can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN L CASLER/Primary Examiner, Art Unit 3791
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