DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed on April 08, 2026 was considered by the examiner. Claims 1-29 are pending in the application.
Claim Objections
Claim 16 objected to because of the following informalities:
in claim 16, line 2: “formed form” should be “formed from”.
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 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 22 recites the limitation “the main body” in line 2. There is insufficient antecedent basis for this limitation in the claim. Amending the recitation to “the sensor body” would overcome this rejection. The claim is being read as such for the purposes of examination.
Claim 23 recites the limitation “the main body” in line 2. There is insufficient antecedent basis for this limitation in the claim. Amending the recitation to “the sensor body” would overcome this rejection. The claim is being read as such for the purposes of examination.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 2-4 and 9-12 are rejected under 35 U.S.C. 102 (a) (2) as being anticipated by Yuan et al. (WIPO Publication WO 2023/065866 A1 – citing to translation from Espacenet.com), hereinafter Yuan.
Regarding Claim 2, Yuan teaches a wearable device and a wearable system with a sensor configured to be worn on a human body (see abstract; Figs. 1a-4, 7-15, and 30-33). Yuan teaches a clip-on device configured to secure to a user wearable device (¶[0221] the embodiment of Fig. 30 may be utilized as a sensor as depicted in Figs. 2-23b, see generally ¶[0067]-[0077], ¶[0154], and Figs. 3-15, the device main body attached to various user wearable devices, such as a backpack), the clip-on device comprising:
a sensor body (¶[0215] the device main body 100; Fig. 30), the sensor body formed from a first panel (¶[0215] the first body 10a; Fig. 30) and a second panel (¶[0215] the second body 10b; Fig. 30), the sensor body comprising a hinge securing the first panel and the second panel together (¶[0219] the pivot assembly 19 for adjusting the angle between the first body 10a and the second body 10b; Figs. 30 and 33);
a physiological parameter measurement sensor at least partially disposed inside the sensor body (¶[0221] the sensor 15; Fig. 30) and configured to measure one or more physiological parameters of a user (¶[0221] the embodiment of Fig. 30 may be utilized as a sensor as depicted in Figs. 2-23b, ¶[0152]-[0154] the sensors may be utilized for various physiological parameters, such as blood oxygen, see Figs. 3-15);
wherein the sensor body is configured to attach to the user wearable device via the first panel and the second panel (¶[0221] the embodiment of Fig. 30 may be utilized as a sensor as depicted in Figs. 2-23b, see generally ¶[0067]-[0077], ¶[0154], and Figs. 3-15, the device main body attached to various user wearable devices, such as a backpack).
Regarding Claim 3, Yuan teaches the device of claim 2 as stated above. Yuan further teaches the first panel and the second panel form a slit extending along a length of the clip-on device, the slit configured to receive and secure at least a portion of the user wearable device (¶[0115] the fixing part 115, Figs. 1a-15, ¶[0221] the embodiment of Fig. 30 may be utilized as a sensor as depicted in Figs. 2-23b, see generally ¶[0067]-[0077], ¶[0154], and Figs. 3-15, the device main body attached to various user wearable devices, such as a backpack).
Regarding Claim 4, Yuan teaches the device of claim 3 as stated above. Yuan further teaches a size of the slit can expand or contract as the portion of the user wearable device is inserted in the slit (¶[0219] the pivot assembly 19 for adjusting the angle between the first body 10a and the second body 10b, which would change the size of the slit as the angle is changed, the angle may be locked; Figs. 30 and 33).
Regarding Claim 9, Yuan teaches the device of claim 2 as stated above. Yuan further teaches the user wearable device comprises a pair of sunglasses (¶[0032]-[0033] and ¶[0116] the device may connect to various wearable components, including glasses). Here, the device of Yuan needs to meet the recitation of “the sensor body is configured to attach to the user wearable device via the first panel and the second panel” in which “the user wearable device comprises a pair of sunglasses”. As the device body is capable of performing the claimed function (i.e., securing the device to the pair sunglasses), Yuan teaches the subject matter of claim 9, even though a pair of sunglasses is not explicitly recited.
Regarding Claim 10, Yuan teaches the device of claim 2 as stated above. Yuan further teaches the user wearable device comprises a pair of eyeglasses (¶[0032]-[0033] and ¶[0116] the device may connect to various wearable components, including glasses).
Regarding Claim 11, Yuan teaches the device of claim 2 as stated above. Yuan further teaches the user wearable device comprises a pair of bone conduction audio devices (¶[0032]-[0033] and ¶[0116] the device may connect to various wearable components, including glasses and headbands, etc.). Here, the device of Yuan needs to meet the recitation of “the sensor body is configured to attach to the user wearable device via the first panel and the second panel” in which “the user wearable device comprises a pair of bone conduction audio devices”. As the device body is capable of performing the claimed function (i.e., securing the device to the pair of bone conduction audio device), Yuan teaches the subject matter of claim 11, even though a pair of bone conduction audio device is not explicitly recited.
Regarding Claim 12, Yuan teaches the device of claim 2 as stated above. Yuan further teaches the one or more physiological parameters comprise at least one of oxygen saturation and pulse rate of the user (¶[0221] the embodiment of Fig. 30 may be utilized as a sensor as depicted in Figs. 2-23b, ¶[0152]-[0154] the sensors may be utilized for various physiological parameters, such as blood oxygen, such as on backpack, in which it would not be transmissive blood oxygen measurements as in the other disclosed finger embodiment, see Figs. 3-15; see also ¶[0012] and ¶[0105], the ECG sensors).
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 1, 13-17, 21, and 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over Yuan, and in view of Burnett (US Patent Application Publication 2019/0365302 – cited by Applicant), hereinafter Burnett.
Regarding Claim 1, Yuan teaches a wearable device and a wearable system with a sensor configured to be worn on a human body (see abstract; Figs. 1a-4, 7-15, and 30-33). Yuan teaches an optical or ECG based physiological measurement device (see abstract, see also ¶[0105], ¶[0113], ¶[0129], and ¶[0203], the PPG sensors see additionally ¶[0012] and ¶[0105], the ECG sensors) comprising:
a sensor body (¶[0215] the device main body 100; Fig. 30), the sensor body formed from a first panel (¶[0215] the first body 10a; Fig. 30) and a second panel (¶[0215] the second body 10b; Fig. 30), the first panel hingedly connected to the second panel (¶[0219] the pivot assembly 19 for adjusting the angle between the first body 10a and the second body 10b; Figs. 30 and 33);
a physiological parameter measurement sensor at least partially disposed inside the sensor body (¶[0221] the sensor 15; Fig. 30) and configured to measure one or more physiological parameters of a user (¶[0221] the embodiment of Fig. 30 may be utilized as a sensor as depicted in Figs. 2-23b, ¶[0152]-[0154] the sensors may be utilized various physiological parameters, such as blood oxygen, see Figs. 3-15), and
wherein the physiological parameter measurement sensor is further configured to measure pulse oximetry (SpO2) or ECG (¶[0221] the embodiment of Fig. 30 may be utilized as a sensor as depicted in Figs. 2-23b, ¶[0152]-[0154] the sensors may be utilized various for physiological parameters, such as blood oxygen, such as on backpack, in which it would not be transmissive blood oxygen measurements as in the other disclosed finger embodiment, see Figs. 3-15; see also ¶[0012] and ¶[0105], the ECG sensors);
wherein the sensor body is configured to attach to a user wearable device via the first panel and the second panel (¶[0221] the embodiment of Fig. 30 may be utilized as a sensor as depicted in Figs. 2-23b, see generally ¶[0067]-[0077], ¶[0154], and Figs. 3-15, the device main body attached to various user wearable devices, such as a backpack).
Yuan teaches the usage of a PPG sensor and/or blood oxygen sensor for blood oxygen sensing, but not any particulars of such sensors, including that the physiological parameter measurement sensor comprising a light emitter and a light detector, the light emitter emitting light of at least two wavelengths.
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).
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 blood oxygen sensor particulars, including the emitters/detector with the red/infrared light emitting, of Burnett for the PPG sensor and/or blood oxygen sensor of Yuan because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results and/or (2) Yuan requires a sensor structure/particulars to measure blood oxygen and Burnett teaches one such sensor.
Regarding Claim 13, Yuan teaches the device of claim 2 as stated above. Yuan teaches the usage of a PPG sensor and/or blood oxygen sensor for blood oxygen sensing, but not any particulars of such sensors, including that the physiological parameter measurement sensor comprising at least one emitter and at least one detector.
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, ¶[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; Figs. 2 and 6-7).
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 blood oxygen sensor particulars, including the emitters/detector, of Burnett for the PPG sensor and/or blood oxygen sensor of Yuan because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results and/or (2) Yuan requires a sensor structure/particulars to measure blood oxygen and Burnett teaches one such sensor.
Regarding Claim 14, Yuan in view of Burnett teaches the device of claim 13 as stated above. The modified Yuan 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 (see Yuan ¶[0221] the embodiment of Fig. 30 may be utilized as a sensor as depicted in Figs. 2-23b, ¶[0152]-[0154] the sensors may be utilized various physiological parameters, such as blood oxygen, such as on backpack, ¶[0032]-[0033] and ¶[0116] and glasses/headbands; see Burnett ¶[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, Yuan in view of Burnett teaches the device of claim 14 as stated above. The modified Yuan further teaches the portion of the user's body comprises a head of the user (see Yuan ¶[0221] the embodiment of Fig. 30 may be utilized as a sensor as depicted in Figs. 2-23b, ¶[0152]-[0154] the sensors may be utilized various physiological parameters, such as blood oxygen, such as on backpack, ¶[0032]-[0033] and ¶[0116] and glasses/headbands; see Burnett abstract and ¶[0039]-[0040], the assembly 10 is for use and configured to conform to a temporal region 60 on the user’s head; Figs. 5A-7).
Regarding Claim 16, Yuan teaches a wearable device and a wearable system with a sensor configured to be worn on a human body (see abstract; Figs. 1a-4, 7-15, and 30-33). Yuan teaches a physiological measurement device (see abstract, see also ¶[0105], ¶[0113], ¶[0129], and ¶[0203], the PPG sensors see additionally ¶[0012] and ¶[0105], the ECG sensors) comprising:
a sensor body (¶[0215] the device main body 100; Fig. 30), the sensor body formed from:
a first portion comprising a first face and a second face (¶[0215] the first body 10a with the sensor 15 face and the other face; Figs. 30-31),
a second portion comprising a first face and a second face (¶[0215] the second body 10b with the sensor 15 face and the other face; Figs. 30-31), and
a hinge portion positioned between the first portion and the second portion (¶[0219] the pivot assembly 19; Figs. 30 and 33),
the hinge portion mechanically coupling the first portion and the second portion (¶[0219] the pivot assembly 19 for coupling and adjusting the angle between the first body 10a and the second body 10b; Figs. 30 and 33);
a physiological parameter measurement sensor at least partially disposed inside the sensor body (¶[0221] the sensor 15; Fig. 30) and configured to measure one or more physiological parameters of a user (¶[0221] the embodiment of Fig. 30 may be utilized as a sensor as depicted in Figs. 2-23b, ¶[0152]-[0154] the sensors may be utilized for various physiological parameters, such as blood oxygen, such as on backpack, in which it would not be transmissive blood oxygen measurements as in the other disclosed finger embodiment, see Figs. 3-15; see also ¶[0012] and ¶[0105], the ECG sensors),
the blood oxygen sensor positioned on the first face of the first portion (¶[0215] the first body 10a with the sensor 15 face, Figs. 30-31, ¶[0221] the embodiment of Fig. 30 may be utilized as a sensor as depicted in Figs. 2-23b, ¶[0152]-[0154] the sensors may be utilized for various physiological parameters, such as blood oxygen, such as on backpack, in which it would not be transmissive blood oxygen measurements as in the other disclosed finger embodiment, see Figs. 3-15);
wherein the first portion and the second portion are configured to receive and secure a portion of a user wearable device (¶[0221] the embodiment of Fig. 30 may be utilized as a sensor as depicted in Figs. 2-23b, see generally ¶[0067]-[0077], ¶[0154], and Figs. 3-15, the device main body attached to various user wearable devices, such as a backpack).
Yuan teaches the usage of a PPG sensor and/or blood oxygen sensor for blood oxygen sensing, but not any particulars of such sensors, including that the physiological parameter measurement sensor comprising at least one light emitter and at least one light detector.
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).
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 blood oxygen sensor particulars, including the emitters/detector, of Burnett for the PPG sensor and/or blood oxygen sensor of Yuan because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results and/or (2) Yuan requires a sensor structure/particulars to measure blood oxygen and Burnett teaches one such sensor.
Regarding Claim 17, Yuan in view of Burnett teaches the device of claim 16 as stated above. Yuan further teaches the first portion further comprises a first end, and a second end opposite the first end (¶[0215] the two ends of the first body 10a; Fig. 30);
the second portion further comprises a first end, and a second end opposite the first end (¶[0215] the two ends of the second body 10b; Fig. 30);
the hinge portion is configured to transition the sensor body between at least a first position, a second position, and a third position (see Fig. 33, the multiple positions of the main body 100).
Regarding Claim 21, Yuan in view of Burnett teaches the device of claim 16 as stated above. Yuan further teaches a shape of the first portion and a shape of the second portion are the same (see Yuan ¶[0215] and Fig. 30, the same shape first and second bodies 10a/10b).
Regarding Claim 24, Yuan in view of Burnett teaches the device of claim 16 as stated above. Yuan further teaches the user wearable device comprises a pair of sunglasses (¶[0032]-[0033] and ¶[0116] the device may connect to various wearable components, including glasses). Here, the device of Yuan needs to meet the recitation of “the sensor body is configured to attach to the user wearable device via the first panel and the second panel” in which “the user wearable device comprises a pair of sunglasses”. As the device body is capable of performing the claimed function (i.e., securing the device to the pair sunglasses), Yuan teaches the subject matter of claim 9, even though a pair of sunglasses is not explicitly recited.
Regarding Claim 25, Yuan in view of Burnett teaches the device of claim 16 as stated above. Yuan further teaches the user wearable device comprises a pair of eyeglasses (¶[0032]-[0033] and ¶[0116] the device may connect to various wearable components, including glasses).
Regarding Claim 26, Yuan in view of Burnett teaches the device of claim 16 as stated above. Yuan further teaches the user wearable device comprises a pair of bone conduction audio devices (¶[0032]-[0033] and ¶[0116] the device may connect to various wearable components, including glasses and headbands, etc.). Here, the device of Yuan needs to meet the recitation of “the sensor body is configured to attach to the user wearable device via the first panel and the second panel” in which “the user wearable device comprises a pair of bone conduction audio devices”. As the device body is capable of performing the claimed function (i.e., securing the device to the pair of bone conduction audio device), Yuan teaches the subject matter of claim 11, even though a pair of bone conduction audio device is not explicitly recited.
Regarding Claim 27, Yuan in view of Burnett teaches the device of claim 16 as stated above. Yuan further teaches the one or more physiological parameters comprise at least one of oxygen saturation and pulse rate of the user (¶[0221] the embodiment of Fig. 30 may be utilized as a sensor as depicted in Figs. 2-23b, ¶[0152]-[0154] the sensors may be utilized for various physiological parameters, such as blood oxygen, such as on backpack, in which it would not be transmissive blood oxygen measurements as in the other disclosed finger embodiment, see Figs. 3-15; see also ¶[0012] and ¶[0105], the ECG sensors).
Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Yuan as applied to claim 2 above, and in view of Basevi (US Patent 4,077,092 – cited in prior action), hereinafter Basevi.
Regarding Claim 5, Yuan teaches the device of claim 2 as stated above. Yuan further teaches the first panel further comprises a first end, and a second end opposite the first end (¶[0215] the two ends of the first body 10a; Fig. 30);
the second panel further comprises a first end, and a second end opposite the first end (¶[0215] the two ends of the second body 10b; Fig. 30);
the hinge is further configured to transition the clip-on device between a first position, a second position, and a third position (see Fig. 33, the multiple positions of the main body 100).
Yuan teaches that the angles are not limited and the lock structure of the main body is not limited (see ¶[0219]), but does not specifically teach that when the clip-on device is in the first position, the first end of the first panel and the first end of the second panel are not in contact forming a first slit, and the second end of the first panel and the second end of the second panel are not in contact forming a second slit; wherein the first slit and the second slit can receive a portion of the user wearable device; when the clip-on device is in the second position, the first end of the first panel and the first end of the second panel are in contact forming a first aperture, wherein the first aperture can secure the portion of the user wearable device; and when the clip-on device is in the third position, the second end of the first panel and the second end of the second panel are in contact forming a second aperture, wherein the second aperture can secure the portion of the user wearable device.
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 structure of Yuan, 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 provides 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, Yuan in view of Basevi teaches the device of claim 5 as stated above. The modified Yuan further teaches a shape of the first panel and a shape of the second panel are the same (see Yuan ¶[0215] and Fig. 30, the same shape first and second bodies 10a/10b; see Basevi col. 3 ln. 10-39, the two identical arms 22/24, Fig. 4).
Regarding Claim 7, Yuan in view of Basevi teaches the device of claim 5 as stated above. The modified Yuan further teaches the first aperture and the second aperture extend along a length of the main body (see Yuan Figs. 30 and 33; 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, Yuan in view of Basevi teaches the device of claim 5 as stated above. The modified Yuan further teaches the first aperture and the second aperture extend along a width of the main body (see Yuan Figs. 30 and 33; 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.
Claims 18-20 and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Yuan in view of Burnett as applied to claim 17 above, and in view of Basevi.
Regarding Claim 18, Yuan in view of Burnett teaches the device of claim 17 as stated above. The modified Yuan does not specifically teach that when sensor 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 slit, and the second end of the first portion and the second end of the second portion are not in contact forming a second slit; wherein the first slit and the second slit can receive the portion of the user wearable device.
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 structure of the modified Yuan, 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 provides 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 19, Yuan in view of Burnett teaches the device of claim 17 as stated above. The modified Yuan does not specifically teach that when the sensor 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 aperture, wherein the first aperture can secure the portion of the user wearable device.
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 structure of the modified Yuan, 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 provides 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 20, Yuan in view of Burnett teaches the device of claim 17 as stated above. The modified Yuan does not specifically teach that when the sensor 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 aperture, wherein the second aperture can secure the portion of the user wearable device.
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 structure of the modified Yuan, 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 provides 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 22, Yuan in view of Burnett and Basevi teaches the device of claim 18 as stated above. The modified Yuan further teaches the first aperture and the second aperture extend along a length of the main body (see Yuan Figs. 30 and 33; 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, Yuan in view of Burnett and Basevi teaches the device of claim 18 as stated above. The modified Yuan further teaches the first aperture and the second aperture extend along a width of the main body (see Yuan Figs. 30 and 33; 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.
Claims 28-29 are rejected under 35 U.S.C. 103 as being unpatentable over Yuan in view of Burnett as applied to claim 16 above, and in view of Al-Ali et al. (US Patent Application Publication 2015/0099951 – cited in prior action), hereinafter Al-Ali.
Regarding Claim 28, Yuan in view of Burnett teaches the device of claim 16 as stated above. The modified Yuan 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 Yuan 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 Yuan 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, Yuan in view of Burnett and Al-Ali teaches the device of claim 28 as stated above. The modified Yuan 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).
Response to Arguments
Applicant’s arguments, objections to the drawings
Applicant’s arguments, see pg. 10, filed April 08, 2026, with respect to the objections to the drawings have been fully considered and are persuasive. Therefore, the objections have been withdrawn.
Applicant’s arguments, objections to the claims
Applicant’s arguments, see pg. 10, filed April 08, 2026, with respect to the objections to claims 5, 11, and 26 have been fully considered and are persuasive. Therefore, the objections have been withdrawn. However, upon further consideration, a new ground of objection is made in view of Applicant’s amendment filed on April 08, 2026.
Applicant’s arguments, objections to the specification
Applicant’s arguments, see pg. 10, filed April 08, 2026, with respect to the objections to the specification have been fully considered and are persuasive. Therefore, the objections have been withdrawn.
Applicant’s arguments, 35 U.S.C. § 112(b)
Applicant’s arguments, see pg. 10-11, filed April 08, 2026, with respect to the rejections of claims 1-15, 18, and 22-23 under 35 U.S.C. § 112(b) have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, a new grounds of rejection are made in view of Applicant’s amendment filed on April 08, 2026.
Applicant’s arguments, prior art
Applicant’s arguments, see pg. 11-12, filed April 08, 2026, with respect to the rejections of claims 1-29 under 35 U.S.C. § 102 and § 103 have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, a new grounds of rejection are made in view of Yuan et al. (WIPO Publication WO 2023/065866 A1 – citing to translation from Espacenet.com).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/J.D.M./Examiner, Art Unit 3791
/JENNIFER ROBERTSON/Supervisory Patent Examiner, Art Unit 3791
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