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 statement filed April 17, 2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
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.
Claim 14 is 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 14, is an independent claim that fails to require a limitations for the structure of the light seal. Therefore, utilizing Broadest Reasonable Interpretation, the light seal can be any structure that couples to the skin and comprises one electrode.
Claim Rejections - 35 USC § 102
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.
(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.
Claim(s) 1, 3-11 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gelissen (US 2021/0393154 A1) (as listed on the IDS submitted on 12/18/2023).
Regarding claim 1, Gelissen discloses a wearable device for individual health assessment measurement of vital signs (e.g. abstract; [0001] Figs. 1 and 2:12), the wearable device comprising: a housing having a bottom surface (e.g. [0088] Figs. 1 and 2:14 [0088]); an optical sensor/emitter assembly configured for emitting optical signals from the bottom surface of the housing through the skin of a subject and receiving reflected optical signals (e.g. Figs. 1 and 2:20a/b and 22 [0091]-[0095]); a controller for controlling at least one physiological measurement modality of the wearable device in the measurement of the vital signs, wherein the controller is coupled to the optical sensor/emitter assembly for controlling the optical sensor/emitter assembly in transmitting and receiving optical signals (e.g. [0130]; [0163]-[0165]); and a light seal configured to be removably coupled with the skin of the subject and to prevent ambient light interference with the optical sensor/emitter assembly when coupled (e.g. Fig 2:30 [0032]; [0051]; [0126]; [0143]), wherein the light seal comprises at least one integrated dry electrode (e.g. [0039] Fig 1:32b) for at least one of (i) transmitting electrical signals to, (ii) receiving electrical signals from, and (iii) both transmitting and receiving electrical signals to/from the skin of the subject (e.g. Fig 1:32b [0127]; [0017]-[0020]), the at least one integrated dry electrode being electrically coupled to the controller for obtaining electrical measurements according to the at least one physiological measurement modality during operation of the wearable device (e.g. [0061]; [0130]), wherein the at least one integrated dry electrode comprises multiple integrated dry electrodes, each separated from one another via electrically insulative material or an air gap (e.g. Fig 2:32a and 32b [0032]; [0101]; [0124]; [0135]; [0142]).
Regarding claim 3, Gelissen discloses wherein the integrated dry electrodes are separated from one another via an air gap (e.g. Fig 2:32a and 32b [0032]; [0101]; [0124]; [0135]; [0142]), wherein the air gap is disposed between sidewall surfaces of adjacent integrated dry electrodes (e.g. Fig 2 [0032]; [0124]; [0101]; [0135]; [0142]).
Regarding claim 4, Gelissen discloses wherein the air gap and the sidewall surfaces of adjacent integrated dry electrodes are adapted to prevent entry or passage of ambient light through the air gap (e.g. Fig 2 [0101]; [0135]; [0142])
Regarding claim 5, Gelissen discloses wherein the sidewall surfaces are complementary of one another (e.g. Fig 2:30 [0032]; [0101]; [0135]; [0142]).
Regarding claim 6, Gelissen discloses wherein the light seal comprises a physical configuration positioned about and extending from an outer perimeter of the bottom surface of the housing, wherein the light seal further includes a sidewall height dimension for spacing the optical sensor/emitter assembly with respect to the skin of the subject (e.g. Fig 2:30 [0032]; [0124]; [0101]; [0135]; [0142]).
Regarding claim 7, Gelissen discloses wherein the light seal comprises a rubber ring integrated with the multiple dry electrodes, wherein the rubber ring comprises a flexible, conductive polymer or elastomer (e.g. [0116]-[0119] conductive silicone rubber (which is a polymer)).
Regarding claim 8, Gelissen discloses wherein the at least one physiological measurement modalities include one selected from the group consisting of electrocardiography (ECG) (e.g. [0081]-[0083]; [0096]-[0098]), photoplethysmography (PPG) (e.g. [0073]-[0079]), bioelectrical impedance analysis (BIA), and any combination thereof, to obtain physiological parameters that include one selected from the group consisting of heart rate (HR), pulse rate (PR), respiration rate (RR), SpO2, stress, and any combination thereof (e.g. [0005]-[0006]; [0062]; [0075]).
Regarding claim 9, Gelissen discloses wherein the optical sensor/emitter assembly comprises a photoplethysmography PPG assembly for deriving a PPG-based signal (e.g. [0073]-[0079]) that includes heart rate HR and oxygen saturation SpO2 (e.g. [0062]; [0075]).
Regarding claim 10, Gelissen discloses further comprising a wearable band or patch coupled to the housing for securing the housing to the skin of the subject while the wearable device is being worn by the subject (e.g. [0135]; [0162] Fig 2:80).
Regarding claim 11, Gelissen discloses wherein the wearable band comprises one selected from the group consisting of a head band (e.g. [0162]), wrist band (e.g. [0135]; [0162] Fig 2:80), an ankle band (e.g. [0162]), a chest band (e.g. [0162]), and a waist band.
Regarding claim 14, Gelissen discloses Light seal for use in the wearable device according to claim 1 (e.g. Fig 2:30 [0032]; [0124]; [0101]; [0135]; [0142] ).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Gelissen in view of Panneer (US 2020/0367816 A1) (as listed on the IDS submitted on 12/18/2023).
Regarding claim 2, Gelissen is silent regarding comprising two integrated dry electrodes each comprising a semi-circular shape when viewed from the bottom surface of the housing. Instead, Gelissen discloses wherein the dry electrode can be integrally included in the ring such as in Fig 2.
However, Panneer discloses a smartwatch comprising two integrated electrodes each comprising a semi-circular shape when viewed from the bottom surface of the housing (e.g. Fig 3; [0074]-[0075] where electrode 106 may represent one or multiple electrodes).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the system of Gelissen to incorporate the teachings of Panneer to substitute two integrated electrodes each comprising a semi-circular shape when viewed from the bottom surface of the housing instead of utilizing one ring for the purpose of utilizing another known configuration for an electrode on the bottom housing.
Regarding claim 12, Gelissen is silent regarding further comprising at least one additional dry electrode coupled to a side surface of the housing, other than the bottom surface, wherein the at least one additional dry electrode is electrically coupled to the controller for obtaining electrical measurements according to the at least one physiological measurement modality during operation of the wearable device.
However, Gelissen does disclose in [0096] that more than two electrodes may be included in the unit and that the electrodes are coupled to the controller (e.g. [0061]; [0130]).
Furthermore, Panneer discloses a smartwatch regarding further comprising at least one additional electrode coupled to a side surface of the housing, other than the bottom surface (e.g. Figs. 2 and 3 [0074] details that multiple electrodes can be used on the band, latch or housing including the front of the housing such as electrode 105).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the system of Gelissen to incorporate the teachings of Panneer to incorporate additional electrodes, specifically the dry electrodes already utilized in Gelissen at locations other than the bottom side of the housing such as the front of the housing for the purpose of utilizing another known configurations for utilizing electrodes for electrocardiograms (e.g. Panneer [0074]).
Regarding claim 13, newly modified Gelissen discloses wherein the at least one additional dry electrode comprises two additional dry electrodes, wherein the two additional dry electrodes are disposed on a same side surface of the housing (e.g. Gelissen [0096] Panneer [0074] Figs 2 and 3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSANDRA F HOUGH whose telephone number is (571)270-7902. The examiner can normally be reached Monday-Thursday 7 am - 4 pm.
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Jessandra Hough November 20, 2025
/J.F.H./Examiner, Art Unit 3796
/William J Levicky/Primary Examiner, Art Unit 3796