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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on February 19, 2024 and May 21, 2024 were considered by the examiner. The IDS submitted on May 16, 2024 was considered by the examiner, except foreign patent documents cite numbers 3-4 and NPL document cite number 6, because the documents were not included in the file wrapper.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “134” has been used to designate both the first aperture and the second aperture. It appears that 134 in Fig. 4 should be 124. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities.
The specification defines the first/second aperture as resulting when the device is in the second/third positions, and either side forming first/second slits when in the first position (see specification ¶[0008], ¶[0045]). The specification also defines the first/second apertures on either side when in the first position (see specification ¶[0021]), and either side comprising first/second channels when in the second/third positions (see specification ¶[0022]-[0023]). The inconsistent phraseology used when describing the same features (i.e., the aspects of the positions) causes confusion as to what specifically is being described. The specification should be amended to utilize consistent phraseology throughout (i.e., the apertures, channels, slits used consistently), and the claims updated accordingly.
Appropriate correction is required.
Claim Objections
Claims 5, 11, and 26 are objected to because of the following informalities:
in claim 5, line 13: “second position , the” should be “second position, the”;
in claim 5, line 16: “third position , the” should be “third position, the”;
in claim 11, line 2: “device” should be “devices”; and
in claim 26, line 2: “device” should be “devices”.
Appropriate correction is required.
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 1-15, 18, and 22-23 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.
Claim 1 recites “the physiological parameter measurement sensor comprises a securing mechanism” in lines 9-10; however, from the context of the claim, it appears as if the securing mechanism is part of the “optical or ECG based physiological measurement device” as recited in line 1. This is further enforced by the device comprising the body, of which the sensor is “at least partially disposed inside”. This confusion renders claim 1 indefinite. Appropriate correction and/or clarification is required.
Claim 2 recites “the physiological parameter measurement sensor comprises a securing mechanism” in lines 6-7; however, from the context of the claim, it appears as if the securing mechanism is part of the “clip-on device” as recited in line 1. This is further enforced by the device comprising the body, of which the sensor is “at least partially disposed inside”. This confusion renders claim 2 indefinite. In addition, the panels as recited in claim 5 further add to the confusion, as the panels appear to be forming the body of the clip-on device, see present application drawings Figs. 3-5. Appropriate correction and/or clarification is required.
Claim 2 recites “a user wearable device” in lines 7-8, but it is not clear if this recitation is the same as, related to, or different from the recitation “a head-worn accessory” in line 1. The different phraseology and indefinite article “a” suggest that they are different, but the context of the claim suggests that they are the same. If the recitations are the same, consistent recitations through the claims should be utilized, such as amending the recitation of line 1 to “a user wearable device”, and subsequent recitations to “the user wearable device”, including dependent claims. If the recitations are different, the relationship between these recitations should be made clear and they should be clearly distinguished from each other (e.g., when multiple elements have similar or the same labels, distinct identifiers such as “first” and “second” should be used to clearly differentiate the elements). For the purposes of examination, the recitations are being interpreted as the same.
Claims 3-15 are rejected by virtue of their dependence from claim 2.
Claim 14 recites “a user's body” in line 2, but it is not clear if this recitation is the same as, related to, or different from the recitation “a user” in claim 2, line 5. The indefinite article “a” suggests that they are different, but the context of the claim and the similar phraseology suggest that they are the same. If the recitations are the same, the present recitation should be “the user’s body” or “a body of the user”. If the recitations are different, the relationship between these recitations should be made clear and they should be clearly distinguished from each other (e.g., when multiple elements have similar or the same labels, distinct identifiers such as “first” and “second” should be used to clearly differentiate the elements). For the purposes of examination, the recitations are being interpreted as the same.
Claim 15 is rejected by virtue of its dependence from claim 14.
Claim 18 recites “a portion” in line 5, but it is not clear if this recitation is the same as, related to, or different from the recitation “a portion” in claim 16, line 13. The indefinite article “a” suggests that they are different, but the context of the claim and the similar phraseology suggest that they are the same. If the recitations are the same, the present recitation should be “the portion”. If the recitations are different, the relationship between these recitations should be made clear and they should be clearly distinguished from each other (e.g., when multiple elements have similar or the same labels, distinct identifiers such as “first” and “second” should be used to clearly differentiate the elements). For the purposes of examination, the recitations are being interpreted as the same.
Claims 22-23 are rejected by virtue of their dependence from claim 18.
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.
The succeeding art rejections to the claims under 35 U.S.C. § 102 and 103 below are made with the claims as best understood and interpreted in light of the preceding rejections under 35 U.S.C. § 112 above.
Claims 1-4 and 9-15 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Burnett (US Patent Application Publication 2019/0365302 – cited by Applicant), hereinafter Burnett.
Regarding Claim 1, Burnett teaches a pulse oximeter assembly and method for monitoring and assessing a physical state of a subject (see abstract and Figs. 5A-7). Burnett teaches an optical or ECG based physiological measurement device (see abstract and ¶[0025]-[0030] the pulse-ox sensor 15; Figs. 1 and 7) comprising:
a body (¶[0025] the assembly 10, including the base layer 20; Fig. 1);
a physiological parameter measurement sensor at least partially disposed inside the body (¶[0025]-[0030] the pulse-ox sensor 15 that is embedded in the base layer 20; Fig. 1) and configured to measure one or more physiological parameters of a user (¶[0025]-[0030] the pulse-ox sensor 15 is for pulse oximetry, ¶[0009]-[0010] the output signal indicative of heart rate and/or blood oxygen saturation level; Figs. 1 and 7),
the physiological parameter measurement sensor comprising a light emitter (¶[0004] and ¶[0025]-[0030] the one or more LED(s) 17; Fig. 1) and a light detector (¶[0004] and ¶[0025]-[0030] the one or more photodetector(s) 19; Fig. 1),
the light emitter emitting light of at least two wavelengths (¶[0004] and ¶[0026] the one or more LEDs may emit light in the red and/or infrared wavelength ranges; Fig. 1) and
wherein the physiological parameter measurement sensor is further configured to measure pulse oximetry (SpO2) or ECG (¶[0025]-[0030] the pulse-ox sensor 15 is for pulse oximetry, ¶[0009]-[0010] the output signal indicative of heart rate and/or blood oxygen saturation level; Figs. 1 and 7);
wherein the physiological parameter measurement sensor comprises a securing mechanism configured to attach the physiological parameter measurement sensor to a user wearable device (¶[0041]-[0043] the aperture 55 or clip for engaging with the headband, goggle strap, or eye glass temple; Figs. 2 and 6-7).
Regarding Claim 2, Burnett teaches a pulse oximeter assembly and method for monitoring and assessing a physical state of a subject (see abstract and Figs. 5A-7). Burnett teaches a clip-on device configured to secure to a head-worn accessory (see abstract and ¶[0025]-[0030] the pulse-ox sensor 15; Figs. 1 and 7), the clip-on device comprising:
a body (¶[0025] the assembly 10, including the base layer 20; Fig. 1);
a physiological parameter measurement sensor at least partially disposed inside the body (¶[0025]-[0030] the pulse-ox sensor 15 that is embedded in the base layer 20; Fig. 1) and configured to measure one or more physiological parameters of a user (¶[0025]-[0030] the pulse-ox sensor 15 is for pulse oximetry, ¶[0009]-[0010] the output signal indicative of heart rate and/or blood oxygen saturation level; Figs. 1 and 7);
wherein the physiological parameter measurement sensor comprises a securing mechanism configured to attach the physiological parameter measurement sensor to a user wearable device (¶[0041]-[0043] the aperture 55 or clip for engaging with the headband, goggle strap, or eye glass temple; Figs. 2 and 6-7).
Regarding Claim 3, Burnett teaches the device of claim 2 as stated above. Burnett further teaches the securing mechanism comprises a channel extending along a length of the clip-on device, the channel configured to receive and secure at least a portion of the user wearable device (¶[0041]-[0043] the aperture 55 or clip for engaging with the headband, goggle strap, or eye glass temple; Figs. 2 and 6-7).
Regarding Claim 4, Burnett teaches the device of claim 3 as stated above. Burnett further teaches a size of the channel can expand or contract as the portion of the user wearable device is inserted in the channel (¶[0041]-[0043] the clip embodiment for engaging with the headband, goggle strap, or eye glass temple; Figs. 2 and 6-7). Here, Burnett teaches that the securing mechanism may comprise a clip, in which the portion that interacts with the user wearable device is the jaws of the clip, which is interpreted to cover the channel. Therefore, in use, it is inherent that the jaws/channel would expand/contract as needed to receive and secure (i.e., clip on to) the user wearable device (i.e., the headband, goggle strap, or eye glass temple).
Regarding Claim 9, Burnett teaches the device of claim 2 as stated above. Burnett further teaches the user wearable device comprises a pair of sunglasses (¶[0041]-[0043] the aperture 55 or clip for engaging with the headband, goggle strap, or eye glass temple; Figs. 2 and 6-7). Here, the device of Burnett needs to meet the recitation of “a securing mechanism configured to attach the physiological parameter measurement sensor to a user wearable device” in which “the user wearable device comprises a pair of sunglasses”. As the aperture/clip is capable of performing the claimed function (i.e., securing the clip-on device to the pair sunglasses), Burnett teaches the subject matter of claim 9, even though a pair of sunglasses is not explicitly recited.
Regarding Claim 10, Burnett teaches the device of claim 2 as stated above. Burnett further teaches the user wearable device comprises a pair of eyeglasses (¶[0041]-[0043] the aperture 55 or clip for engaging with the headband, goggle strap, or eye glass temple; Figs. 2 and 6-7).
Regarding Claim 11, Burnett teaches the device of claim 2 as stated above. Burnett further teaches the user wearable device comprises a pair of bone conduction audio device (¶[0041]-[0043] the aperture 55 or clip for engaging with the headband, goggle strap, or eye glass temple; Figs. 2 and 6-7). Here, the device of Burnett needs to meet the recitation of “a securing mechanism configured to attach the physiological parameter measurement sensor to a user wearable device” in which “the user wearable device comprises a pair of bone conduction audio device”. As the aperture/clip is capable of performing the claimed function (i.e., securing the clip-on device to the pair of bone conduction audio device), Burnett teaches the subject matter of claim 11, even though a pair of bone conduction audio device is not explicitly recited.
Regarding Claim 12, Burnett teaches the device of claim 2 as stated above. Burnett further teaches the one or more physiological parameters comprise at least one of oxygen saturation and pulse rate of the user (¶[0025]-[0030] the pulse-ox sensor 15 is for pulse oximetry, ¶[0009]-[0010] the output signal indicative of heart rate and/or blood oxygen saturation level; Figs. 1 and 7).
Regarding Claim 13, Burnett teaches the device of claim 2 as stated above. Burnett further teaches the physiological parameter measurement sensor comprises at least one emitter (¶[0004] and ¶[0025]-[0030] the one or more LED(s) 17; Fig. 1) and at least one detector (¶[0004] and ¶[0025]-[0030] the one or more photodetector(s) 19; Fig. 1).
Regarding Claim 14, Burnett teaches the device of claim 13 as stated above. Burnett further teaches the at least one emitter and the at least one detector are configured to contact at least a portion of a user's body when the clip-on device is secured to the user wearable device and the user wearable device is being worn by the user (¶[0009], ¶[0023], ¶[0026], and ¶[0039]-[0040] the base layer 20, including the pulse-ox sensor 15 is configured to contact the user and lies on the subject facing surface 25; Figs. 1-3, see also Fig. 7, the user wearing the assembly 10).
Regarding Claim 15, Burnett teaches the device of claim 14 as stated above. Burnett further teaches the portion of the user's body comprises a head of the user (abstract and ¶[0039]-[0040, the assembly 10 is for use and configured to conform to a temporal region 60on the user’s head; Figs. 5A-7).
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.
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.
Claims 5-8 and 16-27 are rejected under 35 U.S.C. 103 as being unpatentable over Burnett, with claims 5-8 as dependent from claim 2, and in view of Basevi (US Patent 4,077,092), hereinafter Basevi.
Regarding Claim 5, Burnett teaches the device of claim 2 as stated above. Burnett further teaches a first panel comprising a first end, a second end opposite the first end (¶[0026] and ¶[0042] the base layer 20 with the top and bottom or the two sides; Figs. 1-3),
a second panel comprising a first end, a second end opposite the first end (¶[0042] the battery chamber 50 with the top and bottom or the two sides; Figs. 1-3), and
an aperture positioned between the first panel and the second panel (¶[0042] the aperture 55; Figs. 1-3).
Burnett teaches that a clip may be utilized on the outer-facing surface 34 of the base layer 20 (see ¶[0042] and Figs. 1-3), but does not specifically teach the components of the clip, including a hinge configured to secure the first panel and the second panel together and transition the clip-on device between a first position, a second position, and a third position.
Basevi teaches a double-ended clip to be used as clothes pins, paper clips, and the like (see abstract and Figs. 1-5), including two identical arms 22/24, each with ends 38/40 (see col. 3 ln. 10-39; Fig. 4), with interior disk and hinge member 26 for actuation of the clip 20 (see col. 3 ln. 46 – col. 4 ln. 35; Figs. 1-5), in which the clip may be transitioned from a neutral/transition position in which both ends 38/40 are open (Fig. 4) to a position when one side is closed, such as side 40 (see Fig. 3), and may be transitioned with applied force to the other side 38 closed (see col. 5 ln. 33 – col. 6 ln. 34; see also Figs. 3-5, Fig. 3 depicting the 40 side closed, Fig. 4 depicting the neutral position with applied force C/D on the 38 side, and Fig. 5 depicting the closing of side 38 in response to the force C/D).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the double ended clip of Basevi as the clip on the outer-facing surface 34 of the base layer 20 of Burnett, so as to replace the aperture between the base layer 20 (the first portion) and the battery chamber 50 (the second portion), because it is the application of a known technique to a known device ready for improvement to yield predictable results; and/or (2) the double-ended clip ease of manufacture design and ease of use in actuating the device (see Basevi col. 1 ln. 17-32); and/or (3) the clip may be needed to be positioned in a different way such that it is beneficial to use one end over the other, based on a particular user (i.e., the comfort and/or the specific user wearable device), which is only possible with a double end design as opposed to a conventional single sided clip.
Regarding Claim 6, Burnett in view of Basevi teaches the device of claim 5 as stated above. The modified Burnett further teaches a shape of the first panel and a shape of the second panel are the same (see Basevi col. 3 ln. 10-39, the two identical arms 22/24; Fig. 4).
Regarding Claim 7, Burnett in view of Basevi teaches the device of claim 5 as stated above. The modified Burnett further teaches the first aperture and the second aperture extend a length of the main body (see Basevi col. 5 ln. 33 – col. 6 ln. 34, the neutral/transition position with both side open as in Fig. 4, the open ends 38/40 are the first/second apertures). Here, the length in the claim is not aligned to any positively recited structure, so the direction of the apertures is interpreted to be a length direction of the main body.
Regarding Claim 8, Burnett in view of Basevi teaches the device of claim 5 as stated above. The modified Burnett further teaches the first aperture and the second aperture extend a width of the main body (see Basevi col. 5 ln. 33 – col. 6 ln. 34, the neutral/transition position with both side open as in Fig. 4, the open ends 38/40 are the first/second apertures). Here, the width in the claim is not aligned to any positively recited structure, so the direction of the apertures is interpreted to be a width direction of the main body.
Regarding Claim 16, Burnett teaches a pulse oximeter assembly and method for monitoring and assessing a physical state of a subject (see abstract and Figs. 5A-7). Burnett teaches a physiological measurement device (see abstract and ¶[0025]-[0030] the pulse-ox sensor 15; Figs. 1 and 7) comprising:
a main body (¶[0025] the assembly 10; Figs. 1-2) comprising,
a first portion comprising a first face and a second face (¶[0026] and ¶[0042] the base layer 20 with the subject-facing side 25 (i.e., the first side) and the outer-facing surface 34 (i.e., the second face); Figs. 1-3),
a second portion comprising a first face and a second face (¶[0042] the battery chamber 50 with the aperture-facing portion (i.e., the first side) and the outer-facing surface (i.e., the second face); Figs. 1-3), and
an aperture portion positioned between the first portion and the second portion (¶[0042] the aperture 55; Figs. 1-3);
a physiological parameter measurement sensor configured to measure one or more physiological parameters of a user (¶[0025]-[0030] the pulse-ox sensor 15 is for pulse oximetry, ¶[0009]-[0010] the output signal indicative of heart rate and/or blood oxygen saturation level; Figs. 1 and 7),
the physiological parameter measurement sensor comprising at least one emitter (¶[0004] and ¶[0025]-[0030] the one or more LED(s) 17; Fig. 1) and at least one detector (¶[0004] and ¶[0025]-[0030] the one or more photodetector(s) 19; Fig. 1),
the at least one emitter and the at least one detector positioned on the first face of the first portion (¶[0025]-[0030] the pulse-ox sensor 15 that is embedded in the base layer 20; Fig. 1);
wherein the first portion and the second portion are configured to form at least one channel capable of receiving and securing a portion of a user wearable device (¶[0041]-[0043] the aperture 55 or clip for engaging with the headband, goggle strap, or eye glass temple; Figs. 2 and 6-7).
Burnett teaches that a clip may be utilized on the outer-facing surface 34 of the base layer 20 (see ¶[0042] and Figs. 1-3), but does not specifically teach the components of the clip, including a hinge portion positioned between the first portion and the second portion, the hinge portion mechanically coupling the first portion and the second portion.
Basevi teaches a double-ended clip to be used as clothes pins, paper clips, and the like (see abstract and Figs. 1-5), including two identical arms 22/24, each with ends 38/40 (see col. 3 ln. 10-39; Fig. 4), with interior disk and hinge member 26 for actuation of the clip 20 (see col. 3 ln. 46 – col. 4 ln. 35; Figs. 1-5), in which the clip may be transitioned from a neutral/transition position in which both ends 38/40 are open (Fig. 4) to a position when one side is closed, such as side 40 (see Fig. 3), and may be transitioned with applied force to the other side 38 closed (see col. 5 ln. 33 – col. 6 ln. 34; see also Figs. 3-5, Fig. 3 depicting the 40 side closed, Fig. 4 depicting the neutral position with applied force C/D on the 38 side, and Fig. 5 depicting the closing of side 38 in response to the force C/D).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the double ended clip of Basevi as the clip on the outer-facing surface 34 of the base layer 20 of Burnett, so as to replace the aperture between the base layer 20 (the first portion) and the battery chamber 50 (the second portion), because it is the application of a known technique to a known device ready for improvement to yield predictable results; and/or (2) the double-ended clip ease of manufacture design and ease of use in actuating the device (see Basevi col. 1 ln. 17-32); and/or (3) the clip may be needed to be positioned in a different way such that it is beneficial to use one end over the other, based on a particular user (i.e., the comfort and/or the specific user wearable device), which is only possible with a double end design as opposed to a conventional single sided clip.
Regarding Claim 17, Burnett in view of Basevi teaches the device of claim 16 as stated above. The modified Burnett further teaches the first portion further comprises a first end, and a second end opposite the first end (see Burnett Figs. 1-3 and Basevi Figs. 1-5, the top and bottom or the two sides of the base layer 20 and the ends 38/40 of the arm 22);
the second portion further comprises a first end, and a second end opposite the first end (see Burnett Figs. 1-3 and Basevi Figs. 1-5, the top and bottom or the two side of the battery chamber 50 and the ends 38/40 of the arm 24); and
the hinge portion configured to transition the main body between at least a first position, a second position, and a third position (see Basevi col. 5 ln. 33 – col. 6 ln. 34, the neutral/transition position with both side open as in Fig. 4, the side 40 closed as in Figs. 1 and 3, and the side 38 closed as shown to be transitioning to in Fig. 5; Figs. 1-5).
Regarding Claim 18, Burnett in view of Basevi teaches the device of claim 17 as stated above. The modified Burnett further teaches when the main body is in the first position, the first end of the first portion and the first end of the second portion are not in contact forming a first aperture, and the second end of the first portion and the second end of the second portion are not in contact forming a second aperture; wherein the first aperture and the second aperture can receive a portion of the user wearable device (see Basevi col. 5 ln. 33 – col. 6 ln. 34, the neutral/transition position with both side open as in Fig. 4, the open ends 38/40 are the first/second apertures).
Regarding Claim 19, Burnett in view of Basevi teaches the device of claim 17 as stated above. The modified Burnett further teaches when the main body is in the second position, the first end of the first portion and the first end of the second portion are in contact forming a first channel, wherein the first channel can secure the portion of the user wearable device (see Basevi col. 5 ln. 33 – col. 6 ln. 34, the side 40 closed as in Figs. 1 and 3, the enclosed space with notches 42 is the first channel).
Regarding Claim 20, Burnett in view of Basevi teaches the device of claim 17 as stated above. The modified Burnett further teaches when the main body is in the third position , the second end of the first portion and the second end of the second portion are in contact forming a second channel, wherein the second channel can secure the portion of the user wearable device (see Basevi col. 5 ln. 33 – col. 6 ln. 34, the side 38 closed as shown to be transitioning to in Fig. 5, the enclosed space with notches 42 is the second channel).
Regarding Claim 21, Burnett in view of Basevi teaches the device of claim 16 as stated above. The modified Burnett further teaches a shape of the first portion and a shape of the second portion are the same (see Basevi col. 3 ln. 10-39, the two identical arms 22/24; Fig. 4).
Regarding Claim 22, Burnett in view of Basevi teaches the device of claim 18 as stated above. The modified Burnett further teaches the first aperture and the second aperture extend a length of the main body (see Basevi col. 5 ln. 33 – col. 6 ln. 34, the neutral/transition position with both side open as in Fig. 4, the open ends 38/40 are the first/second apertures). Here, the length in the claim is not aligned to any positively recited structure, so the direction of the apertures is interpreted to be a length direction of the main body.
Regarding Claim 23, Burnett in view of Basevi teaches the device of claim 18 as stated above. The modified Burnett further teaches the first aperture and the second aperture extend a width of the main body (see Basevi col. 5 ln. 33 – col. 6 ln. 34, the neutral/transition position with both side open as in Fig. 4, the open ends 38/40 are the first/second apertures). Here, the width in the claim is not aligned to any positively recited structure, so the direction of the apertures is interpreted to be a width direction of the main body.
Regarding Claim 24, Burnett in view of Basevi teaches the device of claim 16 as stated above. Burnett further teaches the user wearable device comprises a pair of sunglasses (¶[0041]-[0043] the aperture 55 or clip for engaging with the headband, goggle strap, or eye glass temple; Figs. 2 and 6-7). Here, the device of the modified Burnett needs to meet the recitation of “a securing mechanism configured to attach the physiological parameter measurement sensor to a user wearable device” in which “the user wearable device comprises a pair of sunglasses”. As the aperture/clip is capable of performing the claimed function (i.e., securing the clip-on device to the pair sunglasses), the modified Burnett teaches the subject matter of claim 24, even though a pair of sunglasses is not explicitly recited.
Regarding Claim 25, Burnett in view of Basevi teaches the device of claim 16 as stated above. Burnett further teaches the user wearable device comprises a pair of eyeglasses (¶[0041]-[0043] the aperture 55 or clip for engaging with the headband, goggle strap, or eye glass temple; Figs. 2 and 6-7).
Regarding Claim 26, Burnett in view of Basevi teaches the device of claim 16 as stated above. Burnett further teaches the user wearable device comprises a pair of bone conduction audio device (¶[0041]-[0043] the aperture 55 or clip for engaging with the headband, goggle strap, or eye glass temple; Figs. 2 and 6-7). Here, the device of the modified Burnett needs to meet the recitation of “a securing mechanism configured to attach the physiological parameter measurement sensor to a user wearable device” in which “the user wearable device comprises a pair of bone conduction audio device”. As the aperture/clip is capable of performing the claimed function (i.e., securing the clip-on device to the pair of bone conduction audio device), the modified Burnett teaches the subject matter of claim 26, even though a pair of bone conduction audio device is not explicitly recited.
Regarding Claim 27, Burnett in view of Basevi teaches the device of claim 16 as stated above. Burnett further teaches the one or more physiological parameters comprise at least one of oxygen saturation and pulse rate of the user (¶[0025]-[0030] the pulse-ox sensor 15 is for pulse oximetry, ¶[0009]-[0010] the output signal indicative of heart rate and/or blood oxygen saturation level; Figs. 1 and 7).
Claims 28-29 are rejected under 35 U.S.C. 103 as being unpatentable over Burnett with in view of Basevi as applied to claim 16 above, and in view of Al-Ali et al. (US Patent Application Publication 2015/0099951), hereinafter Al-Ali.
Regarding Claim 28, Burnett in view of Basevi teaches the device of claim 16 as stated above. The modified Burnett is silent regarding that the at least one detector comprises a near field detector and a far-field detector.
Al-Ali teaches a regional oximetry pod capable of receiving signals from multiple regional oximetry sensors (see abstract and Fig. 1), in which the regional oximetry sensors 300 each comprise an emitter 330 capable of generating a near-field optical path through the tissue 10 to the near-field detector 340 and a far-field optical path through the tissue 10 to the far-field detector 350 (see ¶[0032]-[0033]; Fig. 3), in which the regional oximetry sensors may be utilized on various body sites including the user’s head (see ¶[0006] and ¶[0043]-[0044]; Figs. 1 and 10).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the near/far field regional oximetry of Al-Ali as the oximetry in the modified Burnett because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results; and/or (2) the modified Burnett requires an oximetry implementation and Al-Ali teaches one such known implementation; and/or (3) regional oximetry may help clinicians to detect regional hypoxemia that pulse oximetry alone can miss (see Al-Ali ¶[0006]).
Regarding Claim 29, Burnett in view of Basevi and Al-Ali teaches the device of claim 28 as stated above. The modified Burnett further teaches the at least one emitter is configured to generate and emit a near-field optical path and a far-field optical path through a tissue site of the user, wherein the near field detector is configured to detect the near-field optical path after attenuation through the tissue site of the user, and wherein the-far field detector is configured to detect the far-field optical path after attenuation through the tissue site of the user (see Al-Ali ¶[0032]-[0033] the emitter 330 capable of generating a near-field optical path through the tissue 10 to the near-field detector 340 and a far-field optical path through the tissue 10 to the far-field detector 350; Fig. 3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Paul Jr. (US Patent 3,084,410) teaches a double-ended pin 10 comprising two identical units 12/14, each having an inner and outer surface (see col. 1 ln. 63-71; Figs. 1 and 3), with a spring hinge to keep the units 12/14 biased closed and aligned (see col. 2 ln. 1-39; Figs. 2-3), in which the end of either side of the pin may be opened about their respective fulcrum 56/58 for usage of either end of the pin (see col. 2 ln. 40-62; Figs. 1-3).
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/J.D.M./ Examiner, Art Unit 3791
/JENNIFER ROBERTSON/ Supervisory Patent Examiner, Art Unit 3791