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 May 8, 2026 in response to the Office Action of February 17, 2026 has been acknowledged and entered.
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 1-2, 4-7, and 9-10 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 “wherein the light emitter and the photodiode are respectively arranged on two opposite sides of the internal space, the light emitter is configured to emit a light signal which reaches the photodiode after being reflected or transmitted by a to-be-detected object” in lines 9-12, which now requires the light emitter and photodiode to be arranged on two opposite sides (i.e., transmissive arrangement), however, the claim language still reads “after being reflected” (i.e., reflective arrangement) in line 11. A photodiode would need to be on the same side of the internal space as the light emitter in order for the photodiode to receive light reflected by a to-be-detected object. Clarification requested. Suggested amendment: delete “reflected or”
Claims 2, 4-7, and 9-10 are rejected by virtue of their dependence from claim 1.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 4-7, and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Fine (US 20020173709) in view of McKenna (WO 2011097399) (previously cited).
Regarding claim 1, Fine teaches an apparatus for detecting biometric information (Figs. 1-3), comprising: a finger stall (12) comprising a gasbag (air cushion cuff 25), wherein the mechanical structure or the gasbag is configured to fix the finger stall on a finger of a user (Paragraph [0040]; Fig. 1); wherein the finger stall is a non-through type, the non-through type finger stall is only provided with an opening at one end (Fig. 1); the non-through type finger stall has an internal space for accommodating the finger of the user (See Fig. 1), and the gasbag (25) is arranged on one side inside the finger stall close to the opening such that blood pressure at a third knuckle or a second knuckle of the finger is detected when the finger stall is worn on the finger (see Fig. 1, air cushion cuff 25, may be positioned below a second knuckle when a finger is placed); a pulse wave sensor comprising a light emitter (Paragraph [0044], illumination assembly 34 comprising a plurality of light sources) and a photodiode (detection assembly 34), wherein the light emitter and the photodiode are respectively arranged on two opposite sides of the internal space (Paragraph [0043]), the light emitter is configured to emit a light signal which reaches the photodiode after being reflected or transmitted by a to-be-detected object. (Paragraph [0043]).
However, Fine does not specifically teach “and the photodiode is configured to convert the received light signal into an electrical signal; an analog front end electrically connected to the pulse wave sensor and configured to receive the electrical signal and output an analog front end signal; and a microcontroller unit electrically connected to the analog front end and configured to receive the analog front end signal and output the biometric information, the biometric information comprising a blood pressure value”.
McKenna, in a related field of endeavor, teaches a physiological sensor device (Fig. 2) wherein the light emitter (16) is configured to emit a light signal which reaches the photodiode (18) after being reflected or transmitted by a to-be-detected object, (Page 12, lines 18-23), and the photodiode is configured to convert the received light signal into an electrical signal (Page 14, lines 31-32); an analog front end (amplifier 66, low pass filter 68, analog-to-digital converter 70) electrically connected to the pulse wave sensor (12) (See Fig. 2), and configured to receive the electrical signal and output an analog front end signal (Page 16, lines 33-34); and a microcontroller unit (48) electrically connected to the analog front end (See Fig. 2), and configured to receive the analog front end signal and output the biometric information, the biometric information comprising a blood pressure value. (Page 17, lines 5-10).
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Fine to further teach “the photodiode is configured to convert the received light signal into an electrical signal; an analog front end electrically connected to the pulse wave sensor and configured to receive the electrical signal and output an analog front end signal; and a microcontroller unit electrically connected to the analog front end and configured to receive the analog front end signal and output the biometric information, the biometric information comprising a blood pressure value” as taught by McKenna. Doing so enables monitoring the physiological state of a subject, such that it can provide short-term and long-term benefits to the subject, such as early detection and/or warning of potentially harmful conditions, diagnosis and treatment of illnesses, and/or guidance for preventative medicine. (Page 3, lines 18-25 of McKenna).
Regarding claim 4, Fine teaches wherein a cross section of the non-through type finger stall is one of rectangle, circle, ellipse, and polygon. (See Fig. 1).
Regarding claim 5, Fine teaches (Fig. 1) wherein the finger stall further comprises an air conduit (26, 27) connected to the gasbag (25).
Claim 6 depends from Claim 1, which recites "a finger stall comprising a mechanical structure or a gasbag,". Read in combination with claim 1, claim 6 requires a finger stall "comprising a mechanical structure comprising a spring structure... or a gasbag". Dependent claim 6 fails to positively recite that the finger stall comprises a mechanical structure. Instead, as with claim 1, it provides an option between a mechanical structure or a gasbag. As Fine discloses a finger stall comprising a gasbag, it reads on claim 6. If Applicant desires that weight be given to claim 6, then Applicant should positively recite that between choices “mechanical structure or gasbag”, they are requiring the “mechanical structure”.
The same rationale applies for claims 7 and 9.
Regarding claim 10, Fine teaches wherein the biometric information further comprises at least one of a heart rate value and a blood oxygen value. (Paragraph [0038]).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Fine in view of McKenna, further in view of Chang (US 20220096013).
Regarding claim 2, Fine does not teach “wherein the apparatus further comprises a pressure detector electrically connected to the analog front end.”
Chang, in a related field of endeavor, teaches a bioinformation measuring device (Fig. 3B) wherein the apparatus further comprises a pressure detector (electromechanical sensor assembly 3 could include pressure sensor 32) electrically connected to the analog front end. (Paragraph [0040]).
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Fine to further teach “wherein the apparatus further comprises a pressure detector electrically connected to the analog front end” as taught by Chang. Doing so measures bioinformation from the finger contact surface such as blood pressure or pulse information. (Paragraph [0040]).
Claims 11, 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Fine in view of Glaser (US 20090227852) and McKenna.
Regarding claim 11, Fine teaches an electronic device comprising an apparatus for detecting bio- metric information (Figs. 1-3), the apparatus comprising: a finger stall (12) comprising a gasbag (air cushion cuff 25), wherein the mechanical structure or the gasbag is configured to fix the finger stall on a finger of a user (Paragraph [0040]; Fig. 1), wherein the finger stall is a non-through type, the non-through type finger stall is only provided with an opening at one end (Fig. 1); the non-through type finger stall has an internal space for accommodating the finger of the user (See Fig. 1), and the gasbag (25) is arranged on one side inside the finger stall close to the opening such that blood pressure at a third knuckle or a second knuckle of the finger is detected when the finger stall is worn on the finger (see Fig. 1, air cushion cuff 25, may be positioned below a second knuckle when a finger is placed); a pulse wave sensor comprising a light emitter (Paragraph [0044], illumination assembly 34 comprising a plurality of light sources) and a photodiode (detection assembly 34), wherein the light emitter and the photodiode are respectively arranged on two opposite sides of the internal space (Paragraph [0043]), the light emitter is configured to emit a light signal which reaches the photodiode after being reflected or transmitted by a to-be-detected object. (Paragraph [0043]).
However, Fine does not specifically teach “a display screen arranged on an outer surface of the apparatus, wherein the display screen is configured to display the biometric information” and “the photodiode is configured to convert the received light signal into an electrical signal; an analog front end electrically connected to the pulse wave sensor and configured to receive the electrical signal and output an analog front end signal; and a microcontroller unit electrically connected to the analog front end and configured to receive the analog front end signal and output the biometric information, the biometric information comprising a blood pressure value.”
Glaser, in a related field of endeavor, teaches a pulse oximeter device (Fig. 1) comprising a display screen (17) arranged on an outer surface of the apparatus (1), wherein the display screen is configured to display the biometric information. (Paragraphs [0068]-[0069]).
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Fine to further teach “a display screen arranged on an outer surface of the apparatus, wherein the display screen is configured to display the biometric information” as taught by Glaser. Doing so provides visual indicators such as warning or alarm thresholds. (Paragraph [0069]).
McKenna, as previously discussed, teaches a physiological sensor device (Fig. 2) wherein the light emitter (16) is configured to emit a light signal which reaches the photodiode (18) after being reflected or transmitted by a to-be-detected object, (Page 12, lines 18-23), and the photodiode is configured to convert the received light signal into an electrical signal (Page 14, lines 31-32); an analog front end (amplifier 66, low pass filter 68, analog-to-digital converter 70) electrically connected to the pulse wave sensor (12) (See Fig. 2), and configured to receive the electrical signal and output an analog front end signal (Page 16, lines 33-34); and a microcontroller unit (48) electrically connected to the analog front end (See Fig. 2), and configured to receive the analog front end signal and output the biometric information, the biometric information comprising a blood pressure value. (Page 17, lines 5-10).
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Fine to further teach “the photodiode is configured to convert the received light signal into an electrical signal; an analog front end electrically connected to the pulse wave sensor and configured to receive the electrical signal and output an analog front end signal; and a microcontroller unit electrically connected to the analog front end and configured to receive the analog front end signal and output the biometric information, the biometric information comprising a blood pressure value” as taught by McKenna. Doing so enables monitoring the physiological state of a subject, such that it can provide short-term and long-term benefits to the subject, such as early detection and/or warning of potentially harmful conditions, diagnosis and treatment of illnesses, and/or guidance for preventative medicine. (Page 3, lines 18-25).
Regarding claim 14, Fine teaches wherein a cross section of the non-through type finger stall is one of rectangle, circle, ellipse, and polygon. (See Fig. 1).
Regarding claim 15, Fine teaches (Fig. 1) wherein the finger stall further comprises an air conduit (26, 27) connected to the gasbag (25).
Claim 16 depends from Claim 11, which recites "a finger stall comprising a mechanical structure or a gasbag,". Read in combination with claim 11, claim 16 requires a finger stall "comprising a mechanical structure comprising a spring structure... or a gasbag". Dependent claim 16 fails to positively recite that the finger stall comprises a mechanical structure. Instead, as with claim 11, it provides an option between a mechanical structure or a gasbag. As Fine discloses a finger stall comprising a gasbag, it reads on claim 16. If Applicant desires that weight be given to claim 16, then Applicant should positively recite that between choices “mechanical structure or gasbag”, they are requiring the “mechanical structure”. The same rationale applies for claims 17 and 18.
Regarding claim 19, Fine teaches wherein the biometric information further comprises at least one of a heart rate value and a blood oxygen value. (Paragraph [0038]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Fine in view of Glaser and McKenna, further in view of Kurfiss (US 20190150839).
Regarding claim 12, Fine as modified does not explicitly teach “a portable blood pressure measuring device”.
Kurfiss, in a related field of endeavor, teaches a portable blood pressure measuring device. (Paragraph [0039]).
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Fine as modified to teach “a portable blood pressure measuring device” as taught by Kurfiss. Doing so allows quick, on-the-go monitoring without the need of bulky equipment which is valuable in both clinical and home settings.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Fine in view of Glaser and McKenna, further in view of Chang.
Regarding claim 13, Fine as modified does not teach “wherein the apparatus further comprises a pressure detector electrically connected to the analog front end”.
Chang, in a related field of endeavor, teaches a bioinformation measuring device (Fig. 3B) wherein the apparatus further comprises a pressure detector (electromechanical sensor assembly 3 could include pressure sensor 32) electrically connected to the analog front end. (Paragraph [0042]).
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Fine to further teach “wherein the apparatus further comprises a pressure detector electrically connected to the analog front end” as taught by Chang. Doing so measures bioinformation from the finger contact surface such as blood pressure or pulse information. (Paragraph [0040]).
Response to Arguments
Applicant’s arguments, see “Remarks”, filed 5/8/2026, with respect to the rejections of claims 1-2, 4-7 and 9-19 have been fully considered. However, upon further consideration, a new ground of rejection is made under 103. In the new ground of rejection, Fine is relied upon for the amended features in claim 1, and Fine and Glaser are relied upon for the amended features in claim 11.
Conclusion
Pertinent Prior Art
Wang (CN 111839530)
Weng (CN 113786193)
Fortin (US 20160198955)
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Om A. Patel whose telephone number is (571)272-6331. The examiner can normally be reached Monday - Friday 8 a.m. - 5 p.m..
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, Jennifer Robertson can be reached at (571) 272-5001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/OM PATEL/Examiner, Art Unit 3791
/ETSUB D BERHANU/Primary Examiner, Art Unit 3791
Prosecution Insights