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 (IDS) filed on December 30, 2025 was considered by the examiner. The IDS filed on November 17, 2023 was considered by the examiner, except NPL cite number 3, because there was no English translation or statement of relevance.
Claim Objections
Claims 1 and 13 are objected to because of the following informalities:
in claim 1, line 8: “at least one” should be inserted before “vital”; and
in claim 13, line 6: “signal and extract” should be “signal, and extracting”.
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 1-20 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 “to connect each contact electrode to an electrical terminal” in line 12; however, the relationship between “an electrical terminal” and the recitation “two electrical terminals” in lines 9-10 is not clear. It is not clear if the singular electrical terminal is part of the prior recited “two electrical terminals” or an additional electrical terminal. Amending the recitation “to connect each contact electrode to a respective electrical terminal of the two electrical terminals” would overcome the present rejection. The claim is being read as such for the purposes of examination.
Claim 1 recites the limitation “the side” in line 14. There is insufficient antecedent basis for this limitation in the claim. Amending the recitation to “a side” would overcome the present rejection. The claim is being read as such for the purposes of examination.
Claims 2-20 are rejected by virtue of their dependence from claim 1.
Claim 2 recites the limitation “the face” in line 4. There is insufficient antecedent basis for this limitation in the claim. Amending the recitation to “a face” would overcome the present rejection. The claim is being read as such for the purposes of examination.
Claim 4 recites the limitation “the thickness” in line 3. There is insufficient antecedent basis for this limitation in the claim. Amending the recitation to “a thickness” would overcome the present rejection. The claim is being read as such for the purposes of examination.
Claim 4 recites the term “self-supporting” in line 5, which is a relative term which renders the claim indefinite. The term “self-supporting” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is not clear what properties would make the support layer self-supporting. What is the minimum hardness/stiffness and/or thickness, etc.? For the purposes of examination, “self-supporting” is not being given patentable weight.
Claim 6 recites the limitation “the face” in line 3. There is insufficient antecedent basis for this limitation in the claim. Amending the recitation to “a face” would overcome the present rejection. The claim is being read as such for the purposes of examination.
Claim 7 recites “have a first surface area and a second surface area, in the main plane” in line 3; however, claim 1 indicates that the stack of layers (see claim 1, line 3) and the support layer (see claim 1, lines 8-9) extend parallel to the main plane. Therefore, neither surface area can be in the main plane. Furthermore, the stack of layers is not on the same plane as the support layer, as the electrical connection layer is between them (see claim 1, lines 11-12). Therefore, the surface area of the stack of layers cannot be in the same plane as the support layer. This inconsistency renders claim 7 indefinite. Amending the recitation to recite “have a first surface area and a second surface area, along the main plane” would overcome this rejection. The claim is being read as such for the purposes of examination.
Claim 8 recites the term “rigidly” in line 2, which is a relative term which renders the claim indefinite. The term “rigidly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is not clear what makes a connection a rigid connection. For the purposes of examination, “rigidly” is not being given patentable weight.
Claim 10 is rejected by virtue of its dependence from claim 8.
Claim 10 recites “each connected to an electrical terminal” in lines 2-3; however, the relationship between this “electrical terminal” and the recitations “two electrical terminals” in claim 1, lines 9-10, and “an electrical terminal” in line 12, is not clear. Amending this recitation to “each connected to a respective electrical terminal of the two electrical terminals” would overcome this rejection. The claim is being read as such for the purposes of examination.
Claim 12 recites the term “rigidly” in line 3, which is a relative term which renders the claim indefinite. The term “rigidly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is not clear what makes a connection a rigid connection. For the purposes of examination, “rigidly” is not being given patentable weight.
Claim 13 recites “at least one periodic vital signal” in lines 1-2, but it is not clear if this recitation is the same as, related to, or different from the recitation “at least one periodic vital signal” in claim 1, lines 1-2. The similar phraseology suggests that they are the same, but the lack of the definite article “the” suggests that they are different. If the recitations are the same, the present recitation should be “the at least one periodic vital signal”. Subsequent recitations of “vital signal” should be amended to include “at least one” (i.e., “the at least one periodic vital signal”) in lines 4, 6, and 7; and in claim 14, line 7. If the recitations are different, the relationship between these recitations should be made clear and they should be clearly distinguished from each other (e.g., when multiple elements have similar or the same labels, distinct identifiers such as “first” and “second” should be used to clearly differentiate the elements). For the purposes of examination, the recitations are being read as the same.
Claim 13 recites “an individual” in line 2, but it is not clear if this recitation is the same as, related to, or different from the recitation “in individual” in claim 1, line 2. The similar phraseology suggests that they are the same, but the indefinite article “a” suggests that they are different. If the recitations are the same, the present recitation should be “the individual”. If the recitations are different, the relationship between these recitations should be made clear and they should be clearly distinguished from each other (e.g., when multiple elements have similar or the same labels, distinct identifiers such as “first” and “second” should be used to clearly differentiate the elements). For the purposes of examination, the recitations are being read as the same.
Claim 13 recites “at least one vibration sensor” in line 3, but it is not clear if this recitation is the same as, related to, or different from the recitation “[a] vibration sensor” in claim 1, line 1. The similar phraseology suggests that they are the same, but the lack of the definite article “the” and “at least one” suggest that they are different. If the recitations are the same, the present recitation should be “the vibration sensor”. If the recitations are different, the relationship between these recitations should be made clear and they should be clearly distinguished from each other (e.g., when multiple elements have similar or the same labels, distinct identifiers such as “first” and “second” should be used to clearly differentiate the elements). Appropriate amendments should be made for the recitations of “the vibration sensor” in line 5; and claim 14, line 3. And for the recitations of “the at least one vibration sensor” in claim 16, line 1; claim 17, line 2; claim 18, lines 2, 4, and 6; claim 19, line 2; and claim 20, lines 1-2. These recitations should be consistent. For the purposes of examination, the recitations are being read as the same.
Claims 14-20 are rejected by virtue of their dependence from claim 13.
Claim 14 recites “an output parameter” in lines 6-7, but it is not clear if this recitation is the same as, related to, or different from the recitation “in output parameter” in claim 13, line 7. The similar phraseology suggests that they are the same, but the indefinite article “a” suggests that they are different. If the recitations are the same, the present recitation should be “the output parameter”. If the recitations are different, the relationship between these recitations should be made clear and they should be clearly distinguished from each other (e.g., when multiple elements have similar or the same labels, distinct identifiers such as “first” and “second” should be used to clearly differentiate the elements). For the purposes of examination, the recitations are being read as the same.
Claim 16 recites the limitation “the face” in line 3. There is insufficient antecedent basis for this limitation in the claim. Amending the recitation to “a face” would overcome the present rejection. The claim is being read as such for the purposes of examination.
Claim 18 recites the limitation “the thickness” in line 3. There is insufficient antecedent basis for this limitation in the claim. Amending the recitation to “a thickness” would overcome the present rejection. The claim is being read as such for the purposes of examination.
Claim 18 recites the term “self-supporting” in line 4, which is a relative term which renders the claim indefinite. The term “self-supporting” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is not clear what properties would make the support layer self-supporting. What is the minimum hardness/stiffness and/or thickness, etc.? For the purposes of examination, “self-supporting” is not being given patentable weight.
Claim 20 recites the limitation “the face” in line 2. There is insufficient antecedent basis for this limitation in the claim. Amending the recitation to “a face” would overcome the present rejection. The claim is being read as such for the purposes of examination.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2, 4, 6, 8, 12-14, 16, 18, and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6-10, and 12 of copending Application No. 18/561,471 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding Claims 1-2, 4, 6, 8, 12-14, 16, 18, and 20, copending claims 1, 6-10, and 12 correspond to and teach every element of pending claims 1-2, 4, 6, 8, 12-14, 16, 18, and 20.
Claims 3, 9, 15, and 17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6-10, and 12 of copending Application No. 18/561,471 as applied to claims 1 and 13 above, and in view of Grumm (US Patent Application Publication 2007/0205701), hereinafter Grumm.
Regarding Claims 3 and 17, copending claims 1, 6-10, and 12 correspond to and teach every element of pending claims 3 and 17, except what material the piezoelectric layer comprises.
Grumm teaches a system with a composite article for measuring a signal generated by the piezoelectric layer (see abstract and Figs. 1-4). Grumm teaches a vibration sensor for measuring at least one periodic vital signal of an individual (see abstract and ¶[0056] the system 32 may be utilized with an infant or patient, so as to monitor breathing; Fig. 13), the vibration sensor comprising:
a stack of layers extending parallel to a main plane (¶[0028] and ¶[0036] the composite article 20; Figs. 1-4) and including an active layer of piezoelectric material (¶[0028]-[0031] the piezoelectric layer 22, such as a crystalline ceramic; Figs. 1-4) and two contact electrodes arranged on at least one face of the active layer (¶[0031]-[0036] the first and second conductive layers 28/30, which are electrodes; Figs. 1-4);
wherein the vibration sensor is configured to be placed in contact with the individual (¶[0056] the system 32 may be utilized with an infant or patient, so as to monitor breathing, the composite article 20 is disposed on top of the mattress 60; Fig. 13).
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 crystalline ceramic piezoelectric material of Grumm as the piezoelectric material of the copending claims 1, 6-10, and 12 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 copending claims 1, 6-10, and 12 require a piezoelectric material and Grumm teaches one such piezoelectric material.
Regarding Claim 9, copending claims 1, 6-10, and 12 correspond to and teach every element of pending claim 9, except the specific means of connection to the electric terminal.
Grumm teaches a system with a composite article for measuring a signal generated by the piezoelectric layer (see abstract and Figs. 1-4). Grumm teaches a vibration sensor for measuring at least one periodic vital signal of an individual (see abstract and ¶[0056] the system 32 may be utilized with an infant or patient, so as to monitor breathing; Fig. 13), the vibration sensor comprising:
a stack of layers extending parallel to a main plane (¶[0028] and ¶[0036] the composite article 20; Figs. 1-4) and including an active layer of piezoelectric material (¶[0028]-[0031] the piezoelectric layer 22, such as a crystalline ceramic; Figs. 1-4) and two contact electrodes arranged on at least one face of the active layer (¶[0031]-[0036] the first and second conductive layers 28/30, which are electrodes; Figs. 1-4);
wherein the vibration sensor is configured to be placed in contact with the individual (¶[0056] the system 32 may be utilized with an infant or patient, so as to monitor breathing, the composite article 20 is disposed on top of the mattress 60; Fig. 13); and
the wires 36/38 that connect the composite article 20 to the control device 34 (see ¶[0037] and Fig. 4).
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 wire connection of Grumm as the connection to the electrical terminal of the copending claims 1, 6-10, and 12 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 copending claims 1, 6-10, and 12 require connection and Grumm teaches one such connection; and/or (3) wires are a known modality in the art to connect electrical components safely and reliably.
Regarding Claim 15, copending claims 1, 6-10, and 12 correspond to and teach every element of pending claim 15, except the communication with an external system.
Grumm teaches a system with a composite article for measuring a signal generated by the piezoelectric layer (see abstract and Figs. 1-4). Grumm teaches a vibration sensor for measuring at least one periodic vital signal of an individual (see abstract and ¶[0056] the system 32 may be utilized with an infant or patient, so as to monitor breathing; Fig. 13), the vibration sensor comprising:
a stack of layers extending parallel to a main plane (¶[0028] and ¶[0036] the composite article 20; Figs. 1-4) and including an active layer of piezoelectric material (¶[0028]-[0031] the piezoelectric layer 22, such as a crystalline ceramic; Figs. 1-4) and two contact electrodes arranged on at least one face of the active layer (¶[0031]-[0036] the first and second conductive layers 28/30, which are electrodes; Figs. 1-4);
wherein the vibration sensor is configured to be placed in contact with the individual (¶[0056] the system 32 may be utilized with an infant or patient, so as to monitor breathing, the composite article 20 is disposed on top of the mattress 60; Fig. 13); and
the electronic terminal is configured to communicate with an external system (¶[0056] the system 32 outputs an alert signal to a remote monitor to alert parents or other caregivers).
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 external system communication of Grumm with the copending claims 1, 6-10, and 12 because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results and/or (2) alerting caregivers of potentially dangerous situations would help to improve patient outcomes, such as preventing death in infants because of SIDS risk (see Grumm ¶[0056]).
Claims 5 and 19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6-10, and 12 of copending Application No. 18/561,471 as applied to claims 1 and 13 above, and in view of Seomoon et al. (US Patent Application Publication 2021/0319198), hereinafter Seomoon.
Regarding Claims 5 and 19, copending claims 1, 6-10, and 12 correspond to and teach every element of pending claims 3 and 17, except the connection modality of the electrodes to the electrical connection layer within the device.
Seomoon teaches a force sensor and display device with crossing electrodes (see abstract and Figs. 1-5), in which the force sensor includes a force sensitive layer 430”, such as a piezoelectric material (see ¶[0217]-[0218]; Figs. 15-16), and that electrical connections within the display, including the connecting of a circuit board 310 to the display 300 involve the usage of anisotropic conductive film (see ¶[0094]; Fig. 3).
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 anisotropic conductive film of Seomoon as the connection in the copending claims 1, 6-10, and 12 because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results and/or (2) anisotropic conductive film is a low resistance and high reliability material (see Seomoon ¶[0094]).
Claim 7 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6-10, and 12 of copending Application No. 18/561,471 as applied to claim 1 above, and in view of Shusterman (US Patent Application Publication 2018/0020931), hereinafter Shusterman.
Regarding Claim 7, copending claims 1, 6-10, and 12 correspond to and teach every element of pending claim 7, except the surface areas.
Shusterman teaches about modular, miniaturized cardiovascular sensors for measuring vibrations via accelerometers (see abstract and Fig. 1A) or piezoelectric sensors (see ¶[0013] and ¶[0088]), and may also measure repository activity (see ¶[0121]), in which the sensors 100 comprise a housing 101 with contact membrane 101M and slot 102S for fitting therewithin the electronic circuitry 102, which includes the sensors (i.e., accelerometers, piezoelectric, etc.) (see ¶[0189] and Fig. 1A), in which the dimensions of the housing 101 are 50 mm x 25 mm x 2 mm, and the size of the circuitry 102 is 20 mm x 5 mm x 2 mm (see ¶[0189]). Here, the surface area of the contact membrane 101M would correspond to the length and width (i.e., 50 mm x 25 mm), which is 1250 mm2. Furthermore, the surface area of the sensor layers would also correspond to the length and width (i.e., 20 mm x 5 mm), which is 100 mm2.
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 surface areas of Shusterman as the surface areas of the copending claims 1, 6-10, and 12, the sensor surface area corresponding to the sensor layers (i.e., the piezoelectric and electrode layers) surface area of the copending claims 1, 6-10, and 12, and the contact area surface area to the support surface area of the copending claims 1, 6-10, and 12 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 copending claims 1, 6-10, and 12 require surface area dimensions and Shusterman teaches such dimensions; and/or (3) such as size would provide a good fit for the wearable sensor about the patient’s torso area (see Shusterman ¶[0189]).
Here, the first surface area is 100 mm2 and the second surface area is 1250 mm2, so the first surface area is 8% of the second surface area; therefore, the first surface area is less than 30% of the second surface area.
Claim 10 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6-10, and 12 of copending Application No. 18/561,471 as applied to claim 8 above, and in view of Kanegae et al. (WIPO Publication WO 2019/163740 A1 – citing to translation from Clarivate Analytics), hereinafter Kanegae.
Regarding Claim 10, copending claims 1, 6-10, and 12 correspond to and teach every element of pending claim 10, except that the stiffening structure supports two electrical contact outlets, each connected to the electrical terminal, to connect the vibration sensor to the electronic terminal.
Kanegae teaches a biological vibration signal detection device comprising a more reliable connection part (see abstract and Fig. 1), in which a biological vibration signal detection means 2 is connected via wiring 3 to an information processing apparatus 4 (see pg. 4 ¶2; Fig. 1), which includes exterior protective layer 22 that encloses the vibration sensor main body 10, and prevents damage from an external environment (see pg. 5 ¶3), in which extraction electrodes 16/17/18 are utilized to connect the biological vibration signal detection means 2 (i.e., via external connection to the components) to the information processing apparatus 4 via wiring 3 and plug 31 (see pg. 8 ¶4 – pg. 9 ¶2), in which the connection between the extraction electrodes 16/17/18 and the wiring 3 is covered via shielding member 19 so as to reduce noise (see pg. 9 ¶1).
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 extraction electrodes, wiring, and shielding of Kanegae as the connection between the device and the electric terminal of the copending claims 1, 6-10, and 12 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 copending claims 1, 6-10, and 12 require a connection of the device to the electric terminal and Kanegae teaches one such connection modality; and/or (3) the shielding member would further help to reduce noise (see Kanegae pg. 9 ¶1).
Claim 11 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6-10, and 12 of copending Application No. 18/561,471 as applied to claim 1 above, and in view of Han et al. (US Patent Application Publication 2022/0354428), hereinafter Han.
Han teaches a non-invasive electronic device including a sensing unit for monitoring a user’s health condition while worn on the user’s skin (see abstract and Fig. 1), in which the patch 60 (see ¶[0084], the patch 60 may have a thickness of 20 µm) (see ¶[0088]-[0090]; Figs. 1 and 3) includes a sensor module 30, including an electronic circuit unit 300, a first passivation layer 200, and/or a second passivation layer includes 400 (see ¶[0097]-[0098]; Figs. 1 and 3), in which the first/lower passivation layer 200 (see ¶[0104]-[0105], the first passivation layer 200 may have a thickness of 2 µm) acts as a protective layer between the patch 60 and the electronic circuit unit 300, the passivation layers protect the electronic circuit unit 300 from an outside environment, which is seal of the periphery (see ¶[0098]-[0101]; Figs. 1 and 3), in which the electronic circuit unit 300 includes an interconnect 301, positioned on the flexible patch 60 and/or the first passivation layer 200, and is configured to allow the flow of electric current outputted from the device units (for example, a sensing unit), including electrodes, transmitted to an analyzer (see ¶[0107]-[0112]; Figs. 1 and 3), in which the sensors may include a strain sensor (see ¶[0113]-[0114]), in which the interconnect 301 is formed by depositing a material on the first passivation layer 200, the deposits would be considered a printed circuit (see ¶[0316]-[0320]).
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 passivation layers of Han with the device of the copending claims 1, 6-10, and 12 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 passivation layers would protect the electronics from an external environment (see Han ¶[0098]); and/or (3) the passivation layers improve mechanical robustness of the sensor module (see Han ¶[0174]).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
The succeeding art rejections to the claims under 35 U.S.C. § 103 below are made with the claims as best understood and interpreted in light of the preceding rejections under 35 U.S.C. § 112 above.
Claims 1-4, 6, 8, -9, 11-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Grumm (US Patent Application Publication 2007/0205701), hereinafter Grumm, and in view of Han et al. (US Patent Application Publication 2022/0354428), hereinafter Han, and in view of Tang (US Patent Application Publication 2019/0325185), hereinafter Tang, and in view of Miyoshi et al. (US Patent 10,575,087), hereinafter Miyoshi, and in view of Sabet et al. (“Analytical and Computational Solutions to Piezoelectric Bending: A Comparative Study”, NSTI-Nanotech, Vol. 3, 2007), hereinafter Sabet.
Regarding Claim 1, Grumm teaches a system with a composite article for measuring a signal generated by the piezoelectric layer (see abstract and Figs. 1-4). Grumm teaches a vibration sensor for measuring at least one periodic vital signal of an individual (see abstract and ¶[0056] the system 32 may be utilized with an infant or patient, so as to monitor breathing; Fig. 13), the vibration sensor comprising:
a stack of layers extending parallel to a main plane (¶[0028] and ¶[0036] the composite article 20; Figs. 1-4) and including an active layer of piezoelectric material (¶[0028]-[0031] the piezoelectric layer 22, such as a crystalline ceramic; Figs. 1-4) and two contact electrodes arranged on at least one face of the active layer (¶[0031]-[0036] the first and second conductive layers 28/30, which are electrodes; Figs. 1-4);
wherein the vibration sensor is configured to be placed in contact with the individual (¶[0056] the system 32 may be utilized with an infant or patient, so as to monitor breathing, the composite article 20 is disposed on top of the mattress 60; Fig. 13).
Grumm teaches that wires 36/38 may connect the composite article 20 to the control device 34, the wires36/38 connected to the composite article 20 via conductive tape 40 (see ¶[0037]; Fig. 4), but does not specifically teach a flexible support layer configured to transmit a deformation to the active layer of the stack of layers at each pulse of the vital signal, the support layer extending parallel to the main plane; a printed circuit comprising two electrical terminals, an electrical connection layer, arranged between the stack of layers and the support layer, to connect each contact electrode to an electrical terminal.
Han teaches a non-invasive electronic device including a sensing unit for monitoring a user’s health condition while worn on the user’s skin (see abstract and Fig. 1), in which the patch 60 (see ¶[0084], the patch 60 may have a thickness of 20 µm) (see ¶[0088]-[0090]; Figs. 1 and 3) includes a sensor module 30, including an electronic circuit unit 300, a first passivation layer 200, and/or a second passivation layer includes 400 (see ¶[0097]-[0098]; Figs. 1 and 3), in which the first/lower passivation layer 200 (see ¶[0104]-[0105], the first passivation layer 200 may have a thickness of 2 µm) acts as a protective layer between the patch 60 and the electronic circuit unit 300, the passivation layers protect the electronic circuit unit 300 from an outside environment (see ¶[0098]-[0101]; Figs. 1 and 3), in which the electronic circuit unit 300 includes an interconnect 301, positioned on the flexible patch 60 and/or the first passivation layer 200, and is configured to allow the flow of electric current outputted from the device units (for example, a sensing unit), including electrodes, transmitted to an analyzer (see ¶[0107]-[0112]; Figs. 1 and 3), in which the sensors may include a strain sensor (see ¶[0113]-[0114]), in which the interconnect 301 is formed by depositing a material on the first passivation layer 200, the deposits would be considered a printed circuit (see ¶[0316]-[0320]).
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 printed circuit interconnect of Han, deposited on a first passivation layer on a patch, and second passivation layer, with the composite article of Grumm, so as to allow the flow of electric current outputted from the electrodes to the analyzer (i.e., the control device, see Grumm Fig. 4) because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results; and/or (2) Grumm requires output of the signals from the composite article to the control device, and Han teaches one such modality of signal interconnect; and/or (3) the passivation layers would protect the electronics from an external environment (see Han ¶[0098]); and/or (4) the passivation layers improve mechanical robustness of the sensor module (see Han ¶[0174]). Here, each connection of the first/second electrode to the interconnect is the first/second electrical terminal. Furthermore, the patch side would be the patient contact side as taught in Han.
Han teaches that strain may be measured through the flexible patch 60 and/or the first passivation layer 200, via the strain sensor (see ¶[0113]-[0114]), which may be implemented through a piezoelectric material (see ¶[0168]-[0169]), indicating that deformation is capable of being transmitted through the flexible patch 60 and/or the first passivation layer 200.
Alternatively and/or additionally, Tang teaches a sensor device comprising a two-dimensional array of transducers (see abstract and Figs. 1A-2) including a piezoelectric layer 110 sandwiched between lower and upper electrodes 106/108 (see ¶[0042]-[0043]; Figs. 1A-2), in which an acoustic coupling layer 114 may also be included, that provides a contact surface and supports transmission of acoustic signals (i.e., vibrations) (see ¶[0044]; Figs. 1A-2), in which the acoustic coupling layer 114 may have a similar acoustic impedance to the optional platen layer 116, such as between 0.8 to 4 MRayl, or in applications of skin contact, 1.6x106 Rayl (see ¶[0050]). Here, 1 Rayl is equal to 1 Pa*s/m, such that 1 MRayl is equal to 1x106 Pa*s/m.
Accordingly, 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 patch layer of the modified Grumm as the acoustic coupling later as taught in Tang (i.e., the skin acoustic impedance for skin contact) 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 acoustic coupling layer would help to support the transmission of acoustic signals (see Tang ¶[0044]).
The modified Grumm does not specifically teach that the active layer has a thickness less than or equal to 20 microns.
Miyoshi teaches a pickup sensor and a biological sensor that are small-sized and can detect micro vibrations efficiently and stably with high accuracy (see abstract and Fig. 1), comprising a piezoelectric layer 12 sandwiched with thin film electrodes 14/16 (see col. 5 ln. 32-65), in which the piezoelectric layer may have a thickness most preferably of 15 to 20 µm (see col. 17 ln. 9-25).
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 thickness of the piezoelectric layer of Miyoshi as the thickness of the piezoelectric layer of the modified Grumm 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 Grumm requires a piezoelectric layer thickness, and Miyoshi teaches one such thickness; and/or (3) such a thickness would improve the followability of the piezoelectric film with respect to an applied voltage such that the sound pressure or sound quality can be improved (see Miyoshi col. 17 ln. 9-25).
The 15 to 20 µm range of the modified Grumm suggests the range of the present claim because less than or equal to 20 microns overlaps with the range of 15 to 20 µm. See MPEP 2144.05: “In the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)”.
Grumm teaches that the piezoelectric material may comprise ceramic crystal structures (see ¶[0030]), and Miyoshi teaches that examples of such particles include lead zirconate titanate (PZT), lead lanthanum zirconate titanate (PLZT), barium titanate (BaTiO3), zinc oxide (ZnO), a solid solution (BFBT) of barium titanate and bismuth ferrite (BiFe3), and the like (see col. 16 ln. 28-33); however, the modified Grumm does not specifically teach that the active layer has a Young's modulus greater than or equal to 60 GPa.
Sabet teaches of computational and analytical studies conducted on piezoelectric beams of various lengths and thickness (see abstract), in which barium titanate has a Young’s modulus of 67 GPa (see pg. 190, Table 1).
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 barium titanate with Young’s modulus 67 GPa as indicated in Sabet as the piezoelectric ceramic in the modified Grumm 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 Grumm requires a piezoelectric material Young’s modulus, and Sabet teaches one such piezoelectric material Young’s modulus.
Regarding Claim 2, Grumm in view of Han, Tang, Miyoshi, and Sabet teaches the device of claim 1 as stated above. The modified Grumm further teaches an impedance matching layer having an acoustic impedance between 5x105 Pa*s/m and 3x106 Pa*s/m, and arranged on a face of the support layer opposite the face of the support layer in contact with the electrical connection layer (see Han ¶[0088]-[0090], the patch 60, Figs. 1 and 3; see Tang ¶[0044] and ¶[0050], the acoustic coupling layer 114, in applications of skin contact, with acoustic impedance of 1.6x106 Rayl). Note that 1.6x106 Rayl is equal to 1.6x106 Pa*s/m.
Regarding Claim 3, Grumm in view of Han, Tang, Miyoshi, and Sabet teaches the device of claim 1 as stated above. Grumm further teaches the piezoelectric material of the active layer comprises a ceramic material in monocrystalline, poly-crystalline or composite form (¶[0030] the piezoelectric material may comprise ceramic crystal structures).
Regarding Claim 4, Grumm in view of Han, Tang, Miyoshi, and Sabet teaches the device of claim 1 as stated above. The modified Grumm further teaches the support layer is self-supporting and has a thickness of less than or equal to 500 microns (see Han ¶[0104]-[0105], the first passivation layer 200 may have a thickness of 2 µm); and
the impedance matching layer has a thickness greater than or equal to 10 microns (see Han ¶[0084], the patch 60 may have a thickness of 20 µm).
The modified Grumm does not specifically teach the thickness of the first/second conductive/electrodes.
Miyoshi further teaches that the thickness of the electrodes may be 1.2 µm or less, more preferably 0.3 µm or less, and still more preferably 0.1 µm or less (see col. 19 ln. 42 – col. 20 ln. 5).
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 thickness of the electrodes of Miyoshi as the thickness of the conductive/electrodes of the modified Grumm 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 Grumm requires a conductive/electrode thickness, and Miyoshi teaches one such thickness; and/or (3) such a thickness would not deteriorate the flexibility of the piezoelectric layer (see Miyoshi col. 19 ln. 47-62).
Here, the electrodes, at their thickest (i.e., 1.2 µm) would have a cumulative thickness of 2.4 µm. The modified Grumm teaches that the piezoelectric layer may have a thickness of 15 to 20 µm (see Miyoshi col. 17 ln. 9-25). As 2.4 µm is less than twice the smallest thickness of the piezoelectric layer (i.e., 15 µm x2 = 30 µm), the modified Grumm teaches the recitations as required by the present claim.
Regarding Claim 6, Grumm in view of Han, Tang, Miyoshi, and Sabet teaches the device of claim 1 as stated above. The modified Grumm further teaches the support layer includes a membrane arranged on a face of the printed circuit opposite the face of the printed circuit in contact with the electrical connection layer (see Han ¶[0103] and ¶[0316]-[0320], the passivation layer 200 may be made of polyimide, the membrane is the face of the polyimide that the electronic circuit unit 300/interconnect 301 is printed on, which is in contact of the membrane, opposite the electrode connection side).
Regarding Claim 8, Grumm in view of Han, Tang, Miyoshi, and Sabet teaches the device of claim 1 as stated above. The modified Grumm does not specifically teach that the support layer comprises a stiffening structure, rigidly connected to a peripheral zone of the support layer.
Miyoshi further teaches a case 42, formed of plastic, metal, wood, or the like, that has a box shape with an open surface surrounding and accommodating the film 10 and the viscoelastic support 46 (see col. 9 ln. 3-28; Fig. 5).
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 case of Miyoshi surrounding and connected to the composite article, including the passivation layer 200 of the modified Grumm 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 case would help to protect the periphery and backside (i.e., the non-contacting side, the passivation layer 400).
Regarding Claim 9, Grumm in view of Han, Tang, Miyoshi, and Sabet teaches the device of claim 1 as stated above. The modified Grumm further teaches wherein the printed circuit comprises a wire connection element connecting the vibration sensor to an electronic terminal (see Grumm ¶[0037], the wires 36/38 that connect the composite article 20 to the control device 34, Fig. 4; see Han ¶[0107]-[0112], the interconnect 301, positioned on the flexible patch 60 and/or the first passivation layer 200, and is configured to allow the flow of electric current outputted from the device units (for example, a sensing unit), including electrodes, transmitted to the analyzer, Figs. 1 and 3).
Regarding Claim 11, Grumm in view of Han, Tang, Miyoshi, and Sabet teaches the device of claim 1 as stated above. The modified Grumm further teaches a peripheral seal (see Han ¶[0097]-[0098], the passivation layers 200/400 prevent contact of the electronic circuit unit 300, including the interconnect 301, from an external environment, which is seal of the periphery; Figs. 1 and 3).
Regarding Claim 12, Grumm in view of Han, Tang, Miyoshi, and Sabet teaches the device of claim 1 as stated above. The modified Grumm further teaches a protective layer arranged above and at a distance from the stack of layers (see Han ¶[0101], the second passivation layer 400 disposed higher than the first passivation layer 200 and the interconnect layer 301, the second passivation layer 400 would necessarily be disposed at a distance), the protective layer being rigidly connected to the support layer (see Han ¶[0174], the upper/lower passivation layers 400/200 encapsulate the electronic circuit unit 300, including the interconnect 301, indicating that they are connected).
Regarding Claim 13, Grumm in view of Han, Tang, Miyoshi, and Sabet teaches the device of claim 1 as stated above. Grumm further teaches a non-intrusive device for measuring at least one periodic vital signal of an individual (see abstract and ¶[0056], the system 32; Figs. 1-4 and 13), the non-intrusive device comprising:
at least one vibration sensor according to claim 1 (see above claim 1 mapping) for measuring a raw signal representative of the periodic vital signal (¶[0056] the piezoelectric layer 20 is sensitive enough to produce an electrical signal from infant’s or patient’s breath, this is the raw signal, it would be an analog signal), and
an electronic terminal connected to the vibration sensor (¶[0036]-[0038] the control device 34; Fig. 4) for analyzing and interpreting the raw signal and extract the periodic vital signal or an output parameter representative of the periodic vital signal (¶[0056] the processor 50 of the control device that monitors the infant’s or patient’s breath, the generation of the alert signal, as the signal is analyzed by a processor, the signal would necessarily be a digital signal, the digital signal representation of the breath is the periodic vital signal and/or the output parameter, the alert signal is also an output parameter).
Regarding Claim 14, Grumm in view of Han, Tang, Miyoshi, and Sabet teaches the device of claim 13 as stated above. Grumm further teaches wherein the electronic terminal comprises:
an analog stage for conditioning the raw signal measured by the vibration sensor (¶[0036]-[0038] and ¶[0056] the meter 42 of the control device 34 for receiving the raw/analog electrical signal for measurement, including instrumentation purposes, for infant/patient monitoring; Figs 4 and 13);
an analog to digital conversion stage of the signal coming from the conditioning stage, stage (¶[0036]-[0038] and ¶[0056] the processor 50 of the control device that monitors the infant’s or patient’s breath, the generation of the alert signal, as the signal is analyzed by a processor, the signal would necessarily be a digital signal, as there is first an analog signal and then a digital signal, it is inherent that there would be an analog to digital conversion state, as otherwise, the processor would not be capable to analyze the signal; Figs 4 and 13); and
a digital signal processing stage for shaping the digital signal and calculating an output parameter representative of the vital signal (¶[0056] the processor 50 of the control device that monitors the infant’s or patient’s breath, the generation of the alert signal, as the signal is analyzed by a processor, the signal would necessarily be a digital signal, the digital signal representation of the breath is the periodic vital signal and/or the output parameter, determined/calculated by the processor, the alert signal is also an output parameter).
Regarding Claim 15, Grumm in view of Han, Tang, Miyoshi, and Sabet teaches the device of claim 13 as stated above. Grumm further teaches the electronic terminal is configured to communicate with an external system (¶[0056] the system 32 outputs an alert signal to a remote monitor to alert parents or other caregivers).
Regarding Claim 16, Grumm in view of Han, Tang, Miyoshi, and Sabet teaches the device of claim 13 as stated above. The modified Grumm further teaches an impedance matching layer having an acoustic impedance between 5x105 Pa*s/m and 3x106 Pa*s/m, and arranged on a face of the support layer opposite the face of the support layer in contact with the electrical connection layer (see Han ¶[0088]-[0090], the patch 60, Figs. 1 and 3; see Tang ¶[0044] and ¶[0050], the acoustic coupling layer 114, in applications of skin contact, with acoustic impedance of 1.6x106 Rayl). Note that 1.6x106 Rayl is equal to 1.6x106 Pa*s/m.
Regarding Claim 17, Grumm in view of Han, Tang, Miyoshi, and Sabet teaches the device of claim 13 as stated above. Grumm further teaches the piezoelectric material of the active layer comprises a ceramic material in monocrystalline, poly-crystalline or composite form (¶[0030] the piezoelectric material may comprise ceramic crystal structures).
Regarding Claim 18, Grumm in view of Han, Tang, Miyoshi, and Sabet teaches the device of claim 13 as stated above. The modified Grumm further teaches the support layer is self-supporting and has a thickness of less than or equal to 500 microns (see Han ¶[0104]-[0105], the first passivation layer 200 may have a thickness of 2 µm); and
the impedance matching layer has a thickness greater than or equal to 10 microns (see Han ¶[0084], the patch 60 may have a thickness of 20 µm).
The modified Grumm does not specifically teach the thickness of the first/second conductive/electrodes.
Miyoshi further teaches that the thickness of the electrodes may be 1.2 µm or less, more preferably 0.3 µm or less, and still more preferably 0.1 µm or less (see col. 19 ln. 42 – col. 20 ln. 5).
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 thickness of the electrodes of Miyoshi as the thickness of the conductive/electrodes of the modified Grumm 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 Grumm requires a conductive/electrode thickness, and Miyoshi teaches one such thickness; and/or (3) such a thickness would not deteriorate the flexibility of the piezoelectric layer (see Miyoshi col. 19 ln. 47-62).
Here, the electrodes, at their thickest (i.e., 1.2 µm) would have a cumulative thickness of 2.4 µm. The modified Grumm teaches that the piezoelectric layer may have a thickness of 15 to 20 µm (see Miyoshi col. 17 ln. 9-25). As 2.4 µm is less than twice the smallest thickness of the piezoelectric layer (i.e., 15 µm x2 = 30 µm), the modified Grumm teaches the recitations as required by the present claim.
Regarding Claim 20, Grumm in view of Han, Tang, Miyoshi, and Sabet teaches the device of claim 13 as stated above. The modified Grumm further teaches the support layer includes a membrane arranged on a face of the printed circuit opposite the face of the printed circuit in contact with the electrical connection layer (see Han ¶[0103] and ¶[0316]-[0320], the passivation layer 200 may be made of polyimide, the membrane is the face of the polyimide that the electronic circuit unit 300/interconnect 301 is printed on, which is in contact of the membrane, opposite the electrode connection side).
Claims 5 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Grumm in view of Han. Tang, Miyoshi, and Sabet as applied to claim 1 above, and in view of Seomoon et al. (US Patent Application Publication 2021/0319198), hereinafter Seomoon.
Regarding Claim 5, Grumm in view of Han, Tang, Miyoshi, and Sabet teaches the device of claim 1 as stated above. The modified Grumm teaches that the interconnect may be made of a conductive material, such as Au (see Han ¶[0111]), but does not specifically teach that the electrical connection layer comprises an interposer or by an anisotropic conductive film.
Seomoon teaches a force sensor and display device with crossing electrodes (see abstract and Figs. 1-5), in which the force sensor includes a force sensitive layer 430”, such as a piezoelectric material (see ¶[0217]-[0218]; Figs. 15-16), and that electrical connections within the display, including the connecting of a circuit board 310 to the display 300 involve the usage of anisotropic conductive film (see ¶[0094]; Fig. 3).
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 anisotropic conductive film of Seomoon as the conductive material for the interconnect in the modified Grumm because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results and/or (2) anisotropic conductive film is a low resistance and high reliability material (see Seomoon ¶[0094]).
Regarding Claim 19, Grumm in view of Han, Tang, Miyoshi, and Sabet teaches the device of claim 13 as stated above. The modified Grumm teaches that the interconnect may be made of a conductive material, such as Au (see Han ¶[0111]), but does not specifically teach that the electrical connection layer comprises an interposer or by an anisotropic conductive film.
Seomoon teaches a force sensor and display device with crossing electrodes (see abstract and Figs. 1-5), in which the force sensor includes a force sensitive layer 430”, such as a piezoelectric material (see ¶[0217]-[0218]; Figs. 15-16), and that electrical connections within the display, including the connecting of a circuit board 310 to the display 300 involve the usage of anisotropic conductive film (see ¶[0094]; Fig. 3).
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 anisotropic conductive film of Seomoon as the conductive material for the interconnect in the modified Grumm because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results and/or (2) anisotropic conductive film is a low resistance and high reliability material (see Seomoon ¶[0094]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Grumm in view of Han. Tang, Miyoshi, and Sabet as applied to claim 1 above, and in view of Shusterman (US Patent Application Publication 2018/0020931), hereinafter Shusterman.
Regarding Claim 7, Grumm in view of Han, Tang, Miyoshi, and Sabet teaches the device of claim 1 as stated above. Grumm teaches that the different layers of the composite article 20 may have different shapes, sizes, and positional disposition (see ¶[0050] and Fig. 8); however, the modified Grumm does not teach any specific surface areas.
Shusterman teaches about modular, miniaturized cardiovascular sensors for measuring vibrations via accelerometers (see abstract and Fig. 1A) or piezoelectric sensors (see ¶[0013] and ¶[0088]), and may also measure repository activity (see ¶[0121]), in which the sensors 100 comprise a housing 101 with contact membrane 101M and slot 102S for fitting therewithin the electronic circuitry 102, which includes the sensors (i.e., accelerometers, piezoelectric, etc.) (see ¶[0189] and Fig. 1A), in which the dimensions of the housing 101 are 50 mm x 25 mm x 2 mm, and the size of the circuitry 102 is 20 mm x 5 mm x 2 mm (see ¶[0189]). Here, the surface area of the contact membrane 101M would correspond to the length and width (i.e., 50 mm x 25 mm), which is 1250 mm2. Furthermore, the surface area of the sensor layers would also correspond to the length and width (i.e., 20 mm x 5 mm), which is 100 mm2.
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 surface areas of Shusterman as the surface areas of the modified Grumm, the sensor surface area corresponding to the sensor layers (i.e., the piezoelectric and conductive/electrode layers) surface area of the modified Grumm, and the contact area surface area to the patch and passivation layer surface area of the modified Grumm, further supported as the passivation layers encapsulate the sensors, 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 Grumm requires surface area dimensions and Shusterman teaches such dimensions; and/or (3) such as size would provide a good fit for the wearable sensor about the patient’s torso area (see Shusterman ¶[0189]).
Here, the first surface area is 100 mm2 and the second surface area is 1250 mm2, so the first surface area is 8% of the second surface area; therefore, the first surface area is less than 30% of the second surface area.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Grumm in view of Han. Tang, Miyoshi, and Sabet as applied to claim 8 above, and in view of Kanegae et al. (WIPO Publication WO 2019/163740 A1 – citing to translation from Clarivate Analytics), hereinafter Kanegae.
Regarding Claim 10, Grumm in view of Han, Tang, Miyoshi, and Sabet teaches the device of claim 8 as stated above. The modified Grumm does not specifically teach that the stiffening structure supports two electrical contact outlets, each connected to an electrical terminal, to connect the vibration sensor to an electronic terminal.
Kanegae teaches a biological vibration signal detection device comprising a more reliable connection part (see abstract and Fig. 1), in which a biological vibration signal detection means 2 is connected via wiring 3 to an information processing apparatus 4 (see pg. 4 ¶2; Fig. 1), which includes exterior protective layer 22 that encloses the vibration sensor main body 10, and prevents damage from an external environment (see pg. 5 ¶3), in which extraction electrodes 16/17/18 are utilized to connect the biological vibration signal detection means 2 (i.e., via external connection to the components) to the information processing apparatus 4 via wiring 3 and plug 31 (see pg. 8 ¶4 – pg. 9 ¶2), in which the connection between the extraction electrodes 16/17/18 and the wiring 3 is covered via shielding member 19 so as to reduce noise (see pg. 9 ¶1).
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 extraction electrodes, wiring, and shielding of Kanegae as the connection between the composite article 20 and the control device 34 of the modified Grumm, the extraction electrodes connected to the first and second conductive/electrode layers 28/30 via the interconnect (the first/second electrical terminals), the extraction electrodes through the external protective layer (i.e., the case) 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 Grumm requires a connection of the composite article 20 to the control device 34 and Kanegae teaches one such connection modality; and/or (3) only one wire would be needed, as opposed to two, reducing cost and the possibility of noise; and/or (4) the shielding member would further help to reduce noise (see Kanegae pg. 9 ¶1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fu et al. (Chinese Patent Document CN-112716475-A, citing to translation from Clarivate Analytics) teaches a surface impedance recognition method involving piezoelectric sensing technology via an electro-deformation module, an electrode, an insulating layer, a sensor module, and a hard material (see abstract) in which the electro-deformation module has a thickness of 50 to 200 µm, the electrode has a thickness of 0.5 to 10 µm, and the insulating layer has a thickness of 5 to 30 µm (see pg. 3, ¶4).
MEMSnet (“Material: Lead Zirconate Titanate (PZT)”, MNX | MEMS & Nanotechnology Exchange, accessed on 02/07/2026, accessed at https://www.memsnet.org/material/leadzirconatetitanatepzt/) teaches that PZT may have a Young’s modulus of 63 GPa.
Sasaki (US Patent Application Publication 2023/0380794) teaches an electronic stethoscope that includes a biological sound sensor for detecting a biological sound, outputs an analog-format biological sound signal into a processing system, that converts the sound signal into a digital sound signal and outputs the sound signal (see abstract and Fig. 1). Sasaki teaches a vibration sensor for measuring at least one periodic vital signal of an individual (see abstract and ¶[0026], the biological sound sensor 20; Fig. 3), the vibration sensor comprising:
a stack of layers extending parallel to a main plane (¶[0026]-[0027] the piezoelectric layer 22, the first electrode 25, and the second electrode 26; Fig. 3) and including an active layer of piezoelectric material (¶[0026]-[0027] the piezoelectric layer 22; Fig. 3) and two contact electrodes arranged on at least one face of the active layer (¶[0026]-[0027] the first electrode 25 and the second electrode 26 that sandwich the piezoelectric layer 22 ; Fig. 3);
a flexible support layer configured to transmit a deformation to the active layer of the stack of layers at each pulse of the vital signal, the support layer extending parallel to the main plane (¶[0026] the protective layer 27 that is in contact with the skin 200, ¶[0031] the protective layer 27 also acts as a buffer between the skin 200 and the piezoelectric film 21; Fig. 3); and
wherein the vibration sensor is configured to be placed in contact with the individual, on the side of the support layer (¶[0026] the protective layer 27 that is in contact with the skin 200, ¶[0031] the protective layer 27 also acts as a buffer between the skin 200 and the piezoelectric film 21; Fig. 3).
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/J.D.M./Examiner, Art Unit 3791
/JENNIFER ROBERTSON/Supervisory Patent Examiner, Art Unit 3791