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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/15/2025 has been entered.
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.
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.
Claim(s) 1, 5, 9-15, 18-19, 48, 50-52 & 54-55 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hyde et al. (CN 110290834 A; enclosed prior and attached English Translation referenced), and further in view of Gelissen (EP 3 626 159 A1; enclosed prior) and in view of Such et al. (W/O2006/067690 A2; enclosed herein).
Claim 1: Hyde teaches –
A wearable device [system] (Figures 9 & 10, Element 1000) comprising:
a flexible substrate [the base plate 1002 is deformable (e.g., flexible, stretchable) substrate] (Page 23 of English Translation and Figure 9, Element 1002);
a multimodal sensor [the physiological sensor 1012 may comprise a plurality of sensors, such as a plurality of individual sensor types or combination of different sensor types] (Page 40) coupled to the flexible substrate [the system 1000 includes at least one flexible or stretchable electronic components. For example… physiological sensor 1012…can comprises a coupling formed by the base plate 1002 of flexible or stretchable electronic device] (Page 36), wherein the multimodal sensor comprises
a photoplethysmography sensor [photoplethysmograph] (Page 45 and Figure 9, Element 1012) having a light-emitting diode (LED) and a photodiode [the optical sensor 3324 may include, but is not limited to a photodiode, a light emitting diode (LED) (e.g., light-emitting diode 3326), and photo-sensor (e.g., a photodetector) coordination of LED,…oximeter 3328 (e.g., pulse oximeter, near infrared oximeter, etc.). imaging device (e.g., camera), or a combination thereof] (Page 44), and
a bioimpedance sensor [bio-impedance sensor] (Page 40 and Figure 9, Element 1012) having an electrode [detection (e.g., one or more electrical characteristics associated with detection and biological cell or tissue of) physiological sensor 3300 can be based on a physiological parameter of the body parts to generate one or more sensing signals…comprising a sensor electrode of the silicon metal oxide semiconductor field effect transistor (MOSFET) of the amplifying…bio-impedance sensor 3334] (Page 40) positioned on an external surface of the wearable device [the physiological sensor 1012 can measure oxygen in the earlobe photosynthesis, such as by base plate 1002 configured to surround other parts of the earlobe or ear to measure, thereby physiological sensor can be measured by transmittance oxygenation effect] (Page 44 and as shown in Figure 9 & 10).
Examiner’s Note: Element 1012 is disclosed as comprising various sensors in contact with the body part as the base plate is disclosed as surrounding the other parts of the earlobe. This reads on the claim limitation as the electrode is required to be on the external surface of the wearable device in order to contact the body.
a pressure sensor [a pressure sensor] (Page 40) [the physiological sensor 1012 may comprise a plurality of sensors, such as a plurality of individual sensor types or combination of different sensor types] (Page 40) coupled to the flexible substrate [physiological sensor 1012…can comprises a coupling formed by the base plate 1002 of flexible or stretchable electronic device] (Page 36 and See Figure 9, Element 1012 & 1000) and configured to measure contact pressure data [pressure is measured (for example, in swollen tissue) associated body part] (Page 44),
Examiner’s Note: The contact pressure is interpreted to be the pressure between the device and the body part and not the pressure applied to the device by a user.
a temperature sensor [physiological sensor 1012 includes a temperature sensor (e.g., temperature sensor 1412)] (Page 25) coupled to the flexible substrate [physiological sensor 1012…can comprises a coupling formed by the base plate 1002 of flexible or stretchable electronic device] (Page 36 and See Figure 9, Element 1012 & 1000) and configured to measure temperature data [a temperature characteristic associated with the body part is measured] (Page 40), and
a processor [processor] (Figure 9, Element 1006) coupled to the flexible substrate [the processor 1006 is a resident device component coupled to the base plate 1002] (Page 25) and configured to receive [processor 1006 is configured to process the sensing signal is receiving one or more sensing signals from the sensor assembly 1004] (Page 25) [the sensor assembly 1004 includes…the physiological sensor 1012] (Page 24) [the sensor data is then transmitted to the data acquisition and processing device] (Page 19)
Examiner’s Note: Hyde discloses the processor configured to receive sensor data from the sensor assembly, which includes the physiological sensor.
first sensor data [the physiological sensor 1012 may comprise a plurality of sensors, such as a…combination of different sensor types] (Page 40) from the photoplethysmography sensor [photoplethysmograph] (Page 45 and Figure 9, Element 1012),
second data [the physiological sensor 1012 may comprise a plurality of sensors, such as a…combination of different sensor types] (Page 40) from the bioimpedance sensor [bio-impedance sensor] (Page 40 and Figure 9, Element 1012),
the contact pressure data from the pressure sensor [pressure is measured (for example, in swollen tissue) associated body part] (Page 44), and
the temperature data from the temperature sensor [a temperature characteristic associated with the body part is measured] (Page 40),
the processor being configured to correct the first and second sensor data [applying the algorithm to the sensor data] (Page 19) to generated corrected sensor data [data acquisition and processing device may use the constraint or check generated from other sources] (Page 19) thereby improving accuracy of the corrected sensor data [the algorithm can be used to reduce signal noise] (Page 20)
Hyde teaches the structural relationship between the LED/photodiode and the electrode. Specifically, Hyde teaches wherein the LED and the photodiode [the optical sensor 3324 may include, but is not limited to a photodiode, a light emitting diode (LED) (e.g., light-emitting diode 3326), and photo-sensor (e.g., a photodetector) coordination of LED,…oximeter 3328 (e.g., pulse oximeter, near infrared oximeter, etc.). imaging device (e.g., camera), or a combination thereof] (Page 44) are positioned adjacent [combination of different sensor types, which are arranged in an array] (Page 40) to the electrode [detection (e.g., one or more electrical characteristics associated with detection and biological cell or tissue of) physiological sensor 3300 can be based on a physiological parameter of the body parts to generate one or more sensing signals…comprising a sensor electrode of the silicon metal oxide semiconductor field effect transistor (MOSFET) of the amplifying…bio-impedance sensor 3334] (Page 40) on the external surface of the wearable device [the physiological sensor 1012 can measure oxygen in the earlobe photosynthesis, such as by base plate 1002 configured to surround other parts of the earlobe or ear to measure, thereby physiological sensor can be measured by transmittance oxygenation effect] (Page 44 and as shown in Figure 9 & 10).
Examiner’s Note: Element 1012 is disclosed as comprising various sensors in contact with the body part as the base plate is disclosed as surrounding the other parts of the earlobe. This reads on the claim limitation as the electrode is required to be on the external surface of the wearable device in order to contact the body.
Hyde fails to teach wherein the LED and the photodiode are entirely surrounded by the electrode. However, Gelissen teaches –
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[AltContent: textbox (Exhibit 1 – Figure 3 of Gelissen)]wherein the LED (Figure 3, Element 20a & 20b) and the photodiode (Figure 3, Element 22) are entirely surrounded by the electrode (as shown in Figure 3 where Element 32a surrounds Elements 20a, 20b & 22) in order to reduce sensor size with careful placement of components for a more comfortable fit for the user and without reducing accuracy (Para 0010-0012)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the position of the LED, photodiode and electrode of Hyde to the positions as taught by Gelissen in order to reduce sensor size with careful placement of components for a more comfortable fit for the user and without reducing accuracy (Para 0010-0012).
Hyde and Gelissen fail to teach the processor being configured to correct sensor data based on the contact pressure data and temperature data. However, Such teaches the processor being configured to correct sensor data [to generate a correction signal] (Abstract) based on the contact pressure data [gives a measure for the level of contact pressure between contact device and user] (Page 5, Line 6-8) and the temperature data [a sensor unit for measuring a temperature of the user's skin] (Page 5, Line 25-26) [The signals obtained are correlated with the motion signals to provide a better correction of the heart rate signals] (Page 5, Line 27-29) in order to remove artifacts and obtain a more accurate signal (Abstract)
Examiner’s Note: The cites “The signals obtained” refers to the temperature data being correlated with the motion signals, which are obtained through bioimpedance measures, to provide a better correction.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hyde and Gelissen with the processor configuration as taught by Such in order to remove artifacts and obtain a more accurate signal (Abstract).
Claim 5/1: Hyde teaches wherein the LED comprises a near-infrared LED [the optical sensor 3324 may include, but is not limited to…a light emitting diode (LED) (e.g., light-emitting diode 3326),…oximeter 3328 (e.g., pulse oximeter, near infrared oximeter, etc.)…, or a combination thereof] (Page 44).
Claim 9/1: Hyde teaches further comprising a second sensor [motion sensor] (Figure 9, Element 1010) configured to generate third sensor data indicative of motion of the wearable device [the sensor assembly 1004 is coupled to base plate 1002 and includes a motion sensor 1010 and the physiological sensor 1012] (Page 37) [the sensor assembly 1004 is configured to body part of the physiological parameter of the detection based on the body part of the motion detection of the motion sensor 1010] (Page 37).
Claim 10/9/1: Hyde teaches wherein the second sensor comprises an accelerometer or a gyroscope [the motion sensor 1010 comprises an orientation sensor 3200] (Page 37) [orientation sensor 3200 may include, for example, the shaft of the invention accelerometer, relative alignment of the pair of uniaxial accelerometer configured to measure antenna field source, a distance sensor, a multi-axial accelerometer, gyroscope, inclinometer or one or more of the combinations of them, based on orientation or orientation change of the body part to measure the movement of the body part] (Page 37).
Claim 11/1: Hyde teaches further comprising a wireless communication circuit [computer storage device can be integrated with the system 1000, can be associated with an external device, and can be through wireless or wired communication protocol or a combination thereof to access by the system 1000] (Page 49).
Claim 12/1: Hyde teaches wherein the flexible substrate [base plate] comprises a first side (Figure 9, Element 1000) and a second side opposite the first side (Figure 10, Element 1000), wherein the multimodal sensor is positioned on the first side of the wearable device [sensor assembly 1004 is coupled to base plate 1002 and includes a motion sensor 1010 and the physiological sensor 1012. the sensor assembly 1004 is configured to body part of the physiological parameter] (Page 37), and wherein the wearable device further comprises an adhesive coating coupled to the first side [the base plate 1002 can be positioned near the skin surface, including but not limited to fixed to the skin by an adhesive material] (Page 23) [base plate 1002 can include one or more coating layers] (Page 23), wherein the adhesive coating surrounds the multimodal sensor (as shown in Figure 9, where Element 1002 surrounds Element 1012)
Claim 13/1: Hyde teaches wherein the processor [processor] (Figure 9, Element 1006) is configured to correlate [the processor 1006 the information into a single multi-parameter signal. In one embodiment, the system 1000 is configured to evaluate autonomic signal for multi-parameter composite] (Page 45) the first sensor data from the photoplethysmography sensor [photoplethysmograph] (Page 45 and Figure 9, Element 1012) and the sensor data from the bioimpedance sensor [bio-impedance sensor] (Page 40 and Figure 9, Element 1012) to generate multimodal sensor data [the physiological sensor 1012 may comprise a plurality of sensors, such as a plurality of individual sensor types or combination of different sensor types] (Page 40).
Claim 14/13/1: Hyde teaches further comprising a flexible conductive path [serpentine conductive trace] coupled to the flexible substrate, wherein the flexible conductive path electrically couples the processor to the multimodal sensor [the sensor assembly 1004 (e.g., as the motion sensor of the invention 1010, physiological sensor 1012, etc.), a processor (and associated circuitry) to at least one 1006 in the effector 1008 can comprises a coupling formed by the base plate 1002 of flexible or stretchable electronic device. for example, between these components or circuit in the interconnection (not shown) may include a flexible or stretchable electronic device (e.g., a serpentine conductive trace, its realizing stretchable interconnect) formed therefrom, and coupled to the base plate 1002] (Page 36-37).
Claim 15/13/1: Hyde teaches wherein the processor is further configured to generate biometric data based on the first and second sensor data [processor 1006 in one or more of may be configured to electro-physiological detection from the signal, for example, the detected signal in extracting information for processing, analyzing, receiving or transmitting comprises a subset of all information in the detected signal] (Page 45) received from the photoplethysmography sensor [oximeter 3328 (e.g., pulse oximeter or photoplethysmograph) may be configured to evaluate a vascular contraction, caused by peripheral vasoconstriction and can be detected by the oximeter 3328 light-plethysmographic waveform amplitude value] (Page 45) and from the bioimpedance sensor [biological impedance data (including change of the biological impedance] (Page 48), respectively, wherein the biometric data comprises blood pressure data [blood pressure] (Page 45).
Examiner’s Note: The claim limitation does not specifically limit the biometric data to blood pressure only. The Examiner is interpreting the claim limitation to include other types of biometric data as well as blood pressure data.
Claim 18/1: Hyde teaches wherein the flexible substrate comprises a stretchable composite [the base plate 1002 is deformable (e.g., flexible, stretchable) substrate, which is configured into the skin surface of the subject joint] (Page 23).
Claim 19/1: Hyde teaches wherein the flexible substrate comprises a breathable composite [the base plate 1002 is configured to be breathable elastomer sheet engaged with the skin surface] (Page 23).
Claim 48/13/1: Hyde teaches wherein, while the wearable device [system] (Figures 9 & 10, Element 1000) is positioned on a user [configured to the skin surface of the body part of the individual subject] (Page 2), the first sensor data from the photoplethysmography sensor [photoplethysmograph] (Page 45 and Figure 9, Element 1012) and the second sensor data from the bioimpedance sensor [bio-impedance sensor] (Page 40 and Figure 9, Element 1012) are collected [processor 1006 is configured to process the sensing signal is receiving one or more sensing signals from the sensor assembly 1004] (Page 25).
Hyde fails to teach from the same position on the user. However, Hyde in view of Gelissen teaches from the same position on the user (Figure 3) in order to reduce sensor size with careful placement of components for a more comfortable fit for the user and without reducing accuracy (Para 0010-0012)
Examiner’s Note: The same position is a result of the “surround” of the electrode to the photodiode/LED. Thus, Hyde in view of Gelissen, as already combined in claim 1 above, teaches the claim limitation.
Claim 50/1: Hyde teaches wherein the contact pressure data from the pressure sensor [a pressure sensor] (Page 40) [the physiological sensor 1012 may comprise a plurality of sensors, such as a plurality of individual sensor types or combination of different sensor types] (Page 40) is configured to be correlated [the processor 1006 the information into a single multi-parameter signal. In one embodiment, the system 1000 is configured to evaluate autonomic signal for multi-parameter composite] (Page 45) with the first and second sensor data from the photoplethysmography sensor [photoplethysmograph] (Page 45 and Figure 9, Element 1012) and the bioimpedance sensor [bio-impedance sensor] (Page 40 and Figure 9, Element 1012) collected from the photoplethysmography sensor and the bioimpedance sensor of the multimodal sensor [the physiological sensor 1012 may comprise a plurality of sensors, such as a plurality of individual sensor types or combination of different sensor types] (Page 40)
Hyde and Gelissen fail to teach to remove motion artifacts from the sensor data with the pressure sensor.
However, Such teaches to remove motion artifacts from the sensor data with the pressure sensor [to generate a correction signal] [gives a measure for the level of contact pressure between contact device and user] (Page 5, Line 6-8) [The signals obtained are correlated with the motion signals to provide a better correction of the heart rate signals] in order to remove artifacts and obtain a more accurate signal (Abstract)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hyde and Gelissen with the processor configuration as taught by Such in order to remove artifacts and obtain a more accurate signal (Abstract).
Claim 51/9/1: Hyde teaches wherein the processor is configured to receive the third sensor data [physiological parameter of the detection based on the body part of the motion detection of the motion sensor 1010] (Page 37) from the second sensor [motion sensor] (Figure 9, Element 1010). Hyde fails to teach wherein the processor is further configured to correct the first and second sensor data based on the third sensor data.
However, Such teaches wherein the processor is further configured to correct [to generate a correction signal] (Abstract) the first [gives a measure for the level of contact pressure between contact device and user] (Page 5, Line 6-8) and second sensor data [a sensor unit for measuring a temperature of the user's skin] (Page 5, Line 25-26) [The signals obtained are correlated with the motion signals to provide a better correction of the heart rate signals] (Page 5, Line 27-29) based on the third sensor data [sensing a motion signal, the motion signal representing a relative movement between the heart rate sensor and the user, and removing at least partially artifacts due to motion in the heart rate signal by using the motion signal] (Page 1, Line 25 – Page 2, Line 3) in order to remove artifacts and obtain a more accurate signal (Abstract)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hyde and Gelissen with the processor configuration as taught by Such in order to remove artifacts and obtain a more accurate signal (Abstract).
Claim 52/1: Hyde teaches wherein the multimodal sensor is a first multimodal sensor [system] (Figures 9-10 & 15A, Element 1000), and wherein the wearable device further includes a second multimodal sensor [second devices] (Figures 15A, Element 1602) coupled to the flexible substrate [a deformable substrate] (Figure 15B, Element 1604) and spaced apart from the first multimodal sensor (as Figure 15A shows the two elements on different fingers), the second multimodal sensor including (i) a second photoplethysmography sensor [photoplethysmograph] (Page 45 and Figure 9, Element 1012) having a second light-emitting diode (LED) and a second photodiode the optical sensor 3324 may include, but is not limited to a photodiode, a light emitting diode (LED) (e.g., light-emitting diode 3326), and photo-sensor (e.g., a photodetector) coordination of LED,…oximeter 3328 (e.g., pulse oximeter, near infrared oximeter, etc.). imaging device (e.g., camera), or a combination thereof] (Page 44), and (ii) a second bioimpedance sensor [bio-impedance sensor] (Page 40 and Figure 9, Element 1012) having a second electrode [the physiological sensor 1614 structure are described herein with 1004, motion sensor 1010 and physiological sensor 1012 similar or the same structure] (Page 28) positioned on the external surface of the wearable device [the physiological sensor 1012 can measure oxygen in the earlobe photosynthesis, such as by base plate 1002 configured to surround other parts of the earlobe or ear to measure, thereby physiological sensor can be measured by transmittance oxygenation effect] (Page 44 and as shown in Figure 9 & 10).
Examiner’s Note: Page 28 discloses that Element 1614 is similar to Element 1012.
Claim 54/1: Hyde teaches wherein the processor is further configured to determine a change in an amplitude [change of amplitude] (Page 45) based on the first and second sensor data [the detected signal in extracting information for processing, analyzing, receiving or transmitting comprises a subset of all information in the detected signal] (Page 45).
Examiner’s Note: Hyde teaches detecting changes in amplitude in all information in the detected signal.
Claim 55/1: Hyde teaches wherein the processor is further configured to determine a a derivative [time derivative change] (Page 44) of the pulse curve [processor 1006 in one or more of may be configured to electro-physiological detection from the signal, for example, the detected signal in extracting information for processing, analyzing, receiving or transmitting comprises a subset of all information in the detected signal] based on the first and second sensor data.
Examiner’s Note: While Hyde teaches determining a time derivative of skin conductance fluctuations. It is understood that the same processing can be applied to other types of detected signals.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hyde et al. (CN 110290834 A), Gelissen (EP 3 626 159 A1) and Such et al. (W/O2006/067690 A2; enclosed herein) as applied to claim(s) 1, 5, 9-15, 18-19, 48, 50-52 & 54-55 above, and further in view of Ward et al. (U.S. Patent Application 2020/0054221 A1).
Claim 17/1: Hyde teaches wherein the multimodal sensor comprises the photoplethysmography sensor [photoplethysmograph] (Page 45 and Figure 9, Element 1012) and the bioimpedance sensor [bio-impedance sensor] (Page 40 and Figure 9, Element 1012).
Hyde fails to teach the first and second frame. However, Ward teaches comprises a first sensor frame [encapsulating polymer layer] (Figure 17, Element 1702) and a second sensor frame [encapsulating polymer layer] (Figure 17, Element 1704), wherein the first sensor frame [encapsulating polymer layer] (Figure 17, Element 1702) is coupled to the flexible substrate, wherein the pressure sensor [pressure sensor] (Figure 17, Element 1709) is coupled between the first sensor frame [encapsulating polymer layer] (Figure 17, Element 1702) and the second sensor frame [encapsulating polymer layer] (Figure 17, Element 1704), and wherein the sensor [pulse-oximetry sensor (not sure) may also be included…positioned on the exterior of one of the layers] (Para 0119) are coupled to the second sensor frame [encapsulating polymer layer] (Figure 17, Element 1704) in order to extract an indicator of peripheral vascular radius, vascular stiffness, blood pressure, and/or cardiac vascular power (Para 0024) as the combination of the sensor data allows for more detailed health processing.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hyde to include the frame of Ward to the sensor of Hyde in order to extract an indicator of peripheral vascular radius, vascular stiffness, blood pressure, and/or cardiac vascular power (Para 0024) as the combination of the sensor data allows for more detailed health processing.
Claim(s) 53 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hyde et al. (CN 110290834 A); Gelissen (EP 3 626 159 A1) and Such et al. (W/O2006/067690 A2; enclosed herein) as applied to claim(s) 1, 5, 9-15, 18-19, 48, 50-52 & 54-55 above, and further in view of McCombie et al. (U.S. Patent Application 2008/0039731 A1).
Claim 53/52/1: Hyde teaches wherein the processor is further configured to determine a physiological parameter based on the first [the physiological sensor 1012 may comprise a plurality of sensors, such as a…combination of different sensor types] (Page 40) [photoplethysmograph] (Page 45 and Figure 9, Element 1012) and second sensor data [the physiological sensor 1012 may comprise a plurality of sensors, such as a…combination of different sensor types] (Page 40) [bio-impedance sensor] (Page 40 and Figure 9, Element 1012) from the first multimodal sensor (Figure 9-10 & 15A, Element 1000) and from third sensor data from the second photoplethysmography sensor and fourth sensor data [the physiological sensor 1614 structure are described herein with 1004, motion sensor 1010 and physiological sensor 1012 similar or the same structure] (Page 28; the second first multimodal sensor is disclosed as being similar to the first multimodal sensor) from the second bioimpedance sensor [second devices] (Figures 15A, Element 1602).
Hyde, Gelissen and Such fail to teach pulse wave velocity. However, McCombie teaches pulse wave velocity [peripheral pulse wave velocity measurements are obtained from two photoplethysmograph (PPG) sensors placed at spatially distinct locations along the same peripheral arterial branch of the vascular tree] (Para 0050) in order to measure the physiological parameter for patient monitoring (Para 0008)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Hyde, Gelissen and Such to include the pulse wave velocity determination as taught by McCombie in order to measure the physiological parameter for patient monitoring (Para 0008).
Response to Arguments
Applicant’s arguments, see Page 6, filed 12/15/2025, with respect to the Rejection under 35 USC § 112(a) have been fully considered and are persuasive. The 35 USC § 112 Rejection of the Claims has been withdrawn.
Applicant’s arguments with respect to claim(s) 1, 5, 9-15, 17-19, 48 & 50-55 have been considered but are moot because the new ground of rejection does not rely on the manner in which the references were applied in the prior rejection of record. Any remaining pertinent arguments will be addressed.
The Applicant amended the claims to be directed to “to measure contact pressure”. The term, contact pressure, is not within the Specification. However, the Specification does disclose a type of contact pressure in Para 0047, which states, “sensor capable of measuring pressure exerted on the wearable device”. The Examiner above explained in an Examiner’s Note that the claim limitation will be interpreted as pressure between the wearer and the device (See Page 5 above). The Examiner acknowledges that Hyde and Gelissen failed to teach the correction of the signals. However, Such teaches the claim limitation. The rejection is now:
Claim(s) 1, 5, 9-15, 18-19, 48, 51-52 & 54-55 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hyde et al. (CN 110290834 A; enclosed prior and attached English Translation referenced), and further in view of Gelissen (EP 3 626 159 A1) and in view of Such et al. (W/O2006/067690 A2).
The arguments are unconvincing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Li et at. (U.S. Patent Application 2015/0035680 A1) – Li teaches systems, methods, apparatus and devices are described for monitoring a property of an object or an individual, using a conformal sensor device that substantially conforms to contours of a portion of a surface of the object or the individual. The measurement includes data indicative of a property of a temperature of the portion of the surface and the degree of the conformal contact. An analysis engine is used to analyze the data and to generate at least one parameter indicative of the property of the temperature. Based on a comparison of the at least one parameter to a preset threshold, at least one alert can be issued and/or a command can be transmitted to regulate an environmental condition. The at least one alert can be indicative of a potential risk of harm to the object or individual.
Rogers et al. (U.S. Patent 11,058,300 B2) - Rogers teaches medical devices comprising a plurality of biologically interactive devices configured for interacting with a large area biological surface. The biologically interactive devices each may comprise a sensor for measuring a physiological parameter. A wireless controller is configured to wirelessly operate the plurality of biologically interactive devices. A wireless transmitter is configured for wirelessly communicating an output from said plurality of biologically interactive devices to a remote receiver. The medical devices are particularly suited for measuring one or both of pressure and temperature, with compatibility for incorporating additional sensors of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELENE C BOR whose telephone number is (571)272-2947. The examiner can normally be reached Mon - Fri 10:30 - 6:30.
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/Helene Bor/Examiner, Art Unit 3797
/CHRISTOPHER KOHARSKI/Supervisory Patent Examiner, Art Unit 3797