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 .
Election/Restrictions
Applicant’s election without traverse of species I in the reply filed on January 28, 2026 is acknowledged.
Claim Objections
Claim 55 is objected to because of the following informalities: Claim 55 depends upon a withdrawn claim, i.e. claim 55 depends from claim 53 which is currently withdrawn. 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 52 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 52 recites the limitation "the displacement sensor" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 40-41, 43, 50, 52 & 55-56 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ko et al. (US 2018/0055449).
Ko et al. discloses:
40.
An apparatus for sensing a physiological parameter of a subject, the apparatus comprising:
a force sensor having a force sensing surface, wherein the force sensor is configured to generate a first signal representing force displacement of an organ of the subject;
E.G. via the disclosed wearable measurement apparatus 10 comprising a biometric signal sensor 300 wherein said sensor detect a biometric data signal via two detection sensors {[0040]-[0041], [0058] & (Fig 2)}.
a displacement sensor associated with the force sensor, the displacement sensor having a displacement sensing surface, wherein the displacement sensor is configured to generate a second signal representing displacement velocity of the organ of the subject;
E.G. via the disclosed an absorption sensor, i.e. a displacement sensor 310, configured to measure an absorption force that is imposed on the body part when the biometric signal sensor is in contact with the body part ([0021]-[0022] & [0107]-[0108]).
and a coupler arranged on one of the force sensor and the displacement sensor, the coupler configured to mechanically couple the force sensor and the displacement sensor with the organ;
E.G. via the disclosed step-difference control portion 600 which may increase/decrease the step difference between the bottom surface of the biometric sensor 300 as it is exerted on the body part 200, wherein said control portion 600 is further coupled to the sensor elastic part 400 {[0107]-[0108], [0121]-[0123] & (Fig 6)}.
*Note that the disclosed displacement sensor 310 may measure the displacement value of the biometric sensor 300 or the sensor elastic part 400, therefore making it inherently understood that the displacement sensor may be mechanically coupled and arranged on the disclosed control portion 600 via the sensor elastic part 400.
and wherein the displacement sensing surface is congruent or smaller in size relative to the force sensing surface;
E.G. see Fig 2; compression/displacement sensor 310 and biometric signal sensor 300.
and wherein the coupler is configured as a first conductive electrode and is electrically coupled to processing circuitry configured to measure a biopotential when the coupler is arranged against the subject.
E.G. via the disclosed control portion 600 coupled directly to the controller 111, in which said controller 111 can easily measure a contact force with the wearer in measuring the biometric signal via said control portion 600 and lifting block {[0121]-[0123] & (Fig 5)}
Note: The examiner is interpreting the disclosed control portion 600 and controller 111 that measures a biometric signal as being capable of providing the claimed first conductive electrode coupled to a processing circuitry which is configured to measure the claimed biopotential when the coupler is against the subject. It is inherently understood that said control portion 600, coupled to the controller 111, must incorporate the use of a conductive surface in order to allow biosignals to be utilized by both the controller and the biometric signal sensor 300 in order for said controller advise the wearer of the most suitable contact force in measuring the biometric signal [0116].
41.
The apparatus of claim 40, wherein the force sensor comprises a first force-sensing resistor (FSR)
E.G. via the disclosed displacement sensor including a resistive-type strain gauge etc. [0108].
43.
The apparatus of claim 40, wherein the force sensor and the displacement sensor each have an operatively front surface coupled to an operatively rear surface of the coupler, and wherein the force sensor and the displacement sensor are arranged concentrically on the operatively rear surface of the coupler
E.G. {[0107]-[0108] & (Fig 2)}.
50.
The apparatus of claim 40, further comprising a second force sensor configured to measure a force applied to an operatively rear surface of the apparatus.
E.G. via the disclosed adsorption sensor 310’ ([0132]-[0133]).
51.
An apparatus for sensing a physiological parameter of a subject, the apparatus comprising:
a force sensor configured to generate a first signal representing force displacement of an organ of the subject;
E.G. via the disclosed wearable measurement apparatus 10 comprising a compression sensor 310, i.e. a force sensor, that directly measures the pressing force {[0107]-[0108] & (Fig 2)}.
at least one optical sensor configured to generate a second signal representing volumetric changes of blood in circulation of the subject;
E.G. via the disclosed biometric sensor 300 that may include an optical sensor that may be further used to measure the volume of blood in a vessel ([0053]-[0057]).
and a coupler arranged on the force sensor, the coupler configured to mechanically couple the force sensor with the organ;
E.G. via the disclosed step-difference control portion 600 which may increase/decrease the step difference between the bottom surface of the biometric sensor 300 as it is exerted on the body part 200, wherein said control portion 600 is further coupled to the sensor elastic part 400 {[0107]-[0108], [0121]-[0123] & (Fig 6)}.
*Note that the disclosed displacement sensor 310 may measure the displacement value of the biometric sensor 300 or the sensor elastic part 400, therefore making it inherently understood that the displacement sensor may be mechanically coupled and arranged on the disclosed control portion 600 via the sensor elastic part 400.
and a second force sensor configured to measure a force applied to an operatively rear surface of the apparatus, and wherein the second force sensor is a force-sensing resistor.
E.G. via the disclosed wearable measurement apparatus 10 further including an absorption sensor 310’ that may measure a force imposed upon by the biometric signal sensor, wherein said sensor includes a resistive-type strain gauge etc. ([0108] & [0132]-[0133])
52.
The apparatus of claim 51, wherein the second force sensor is coupled to an operatively rear surface of the displacement sensor.
E.G. ([0132]-[0133]).
55.
The apparatus of claim 53, wherein the physiological parameter comprises at least one of cardiac impulse, blood pressure, uterine contraction, fetal activity, respiration, an opening time of a heart valve of the subject, a closure time of a heart valve of the subject, a contractility level of a heart of the subject, a stiffness of a blood vessel of the subject, a stroke volume of the heart of the subject, a cardiac output, and a blood pulse transit time.
E.G. [0106].
56.
A method of measuring a physiological parameter of a subject, the method comprising: receiving a first signal from a first force sensor mechanically coupled to a first location on the subject;
E.G. via the disclosed wearable measurement apparatus 10 comprising a biometric signal sensor 300 including a displacement/compression sensor 310, configured to measure an absorption force that is imposed on the body part when the biometric signal sensor is in contact with the body part ([0021]-[0022] & [0107]-[0108]).
receiving a second signal from a second force sensor mechanically coupled to a second location on the subject, the second location being separated from the first location;
E.G. via the disclosed wearable measurement apparatus 10 further including an absorption sensor 310’ that may measure a force imposed upon by the biometric signal sensor, wherein said sensor includes a resistive-type strain gauge etc. ([0108] & [0132]-[0133])
and determining the physiological parameter based on a comparison of the first and second signals.
E.G. via the disclosed controller 111 the utilizes the measured value of the adsorption force and a measured displacement value, wherein said measured value of the adsorption force is delivered to the controller 111 in order to calculate the adsorption force based on the displacement measured, i.e. the controller 111 can determine the most suitable pressing force for the wearer based on the calculation between the adsorption and displacement force measurement values ([0107] & [0132]-[0133]).
*Note that it is inherently understood that the disclosed controller 111 is ‘comparing’ the two measured values in order to calculate the ‘most’ suitable pressing force when measuring a biometric signal. The examiner also notes that the claims do not specify how the ‘comparison’ is accomplished, and does not negate the disclosed calculation from the controller 111 to be able to provide the claimed determination.
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) 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ko et al. (US 2018/0055449) in view of one having ordinary skill in the art.
Ko et al. discloses a step-difference control portion 600 which may increase/decrease the step difference between the bottom surface of the biometric sensor 300 as it is exerted on the body part 200 to measure an absorption force that is imposed on the body part when the biometric signal sensor is in contact with said body part {[0107]-[0108], [0121]-[0123] & (Fig 6)}, except wherein said step-different control portion 600 has a maximum planar surface area that is less than a maximum planar surface area of the biometric sensor 300.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the maximum planar surface area of the control portion 600 to be less than the maximum planar surface area of the biometric sensor 300, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Claim Objections
Claims 57-59 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art, as cited above, fails to disclose, suggest and/or teach the claimed invention determining a physiological parameter based on a comparison of a first and second force sensor via calculating the difference between a first and a second signal associated with said first and second force sensor, including pulse transit time, wherein said parameter comprising at least one of blood pressure, uterine contraction, etc.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE F JOHNSON whose telephone number is (571)270-5040. The examiner can normally be reached Monday-Friday 8:00am-5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at 571-270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICOLE F JOHNSON/Primary Examiner, Art Unit 3796