DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments filed 6/26/2026 with respect to the rejection of Independent Claim 28 under 35 U.S.C. 102(a)(2) as being anticipated by Telfort et al (2023/0087671) have been fully considered and are persuasive. The Examiner agrees that Telfort does not disclose “wherein the wall is separate from the housing” as recited by Independent Claim 28 as amended. Telfort’s walls (“300c” of Telfort’s Fig. 5T) are not separate from Telfort’s housing. Although Telfort’s “openings 324a and 324b” of “shell 300c” could ostensibly be considered such walls as claimed (with “shell 300a” being defined as the housing), the configuration of Telfort’s “shell 300a” relative to “shell 300c” precludes walls formed by “openings 324a and 324b” from “extending outward from the bottom portion of the housing” in view of the configuration required by the Claim 1 limitation defining the housing (see Claim 1 and Ln. 5-8). Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US 2021/0290072 A1.
Applicant’s arguments regarding the rejection of Claims 29-46 are based on Applicant’s arguments regarding Claim 28. Applicant’s arguments have been fully considered and are persuasive for the same reasons as explained above. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US 2021/0290072 A1.
Applicant’s arguments regarding the objection to Claims 40 and 45 have been fully considered and are persuasive. The Examiner agrees that Applicant’s amendments have resolved the cited informalities. The objections are withdrawn.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 28-33, 37 and 39-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2021/0290072 A1 to Forrest et al. (“Forrest”).
Regarding Independent Claim 28, Forrest teaches:
A wearable device comprising: (Title, “Wearable device for noninvasive body temperature measurement;” Figs. 3A-B, “wearable device 10;” see Annotated Fig. 3A, below);
a dock comprising one or more substrates configured to be secured to skin of a subject; (Figs. 3A-B, “substrate 25,” “substrate 70;” Para. [0063], “Substrate 25 can be or include a material configured to secure to skin of a user;” Para. [0060]; Para. [0064]; see Annotated Fig. 3A, below);
and a hub configured to be removably secured to the dock, (Figs. 3A-B, see Annotated Fig. 3A, below);
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the hub comprising: a housing (Figs. 3A-B, 4A-B, “housing 40”);
comprising an interior, a top portion, a bottom portion, and an opening extending through said bottom portion, (Figs. 4A and 4B; see Annotated Figs. 4A and 4B, below);
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said bottom portion positioned closer to the subject's skin when the hub and dock are secured to one another and the dock is secured to the subject's skin; (Para. [0060]; Para. [0064]; Figs. 3A-B; see Annotated Fig. 3A, above);
As shown in Fig. 3A, Forrest’s “bottom portion of housing” is positioned closer to the subject’s skin by virtue of its closer positioning to “substrate 25”, which as explained at Paras. [0060] and [0064] is configured to adhere to a subject’s skin.
a circuit board (Fig. 3A, Figs. 5A-D, Fig. 7, “circuit board 105”);
arranged within the interior of the housing, (Fig. 7, “circuit board 105” is shown arranged within the interior of “housing 40”);
the circuit board comprising a first surface, a second surface, and at least one hole extending through the circuit board between the first and second surfaces; (Para. [0017], “… the circuit board comprising a first surface, a second surface opposite the first surface, and at least one hole extending through the circuit board from the first surface to the second surface…”);
one or more hardware processors coupled to the circuit board and arranged within the interior of housing; (Para. [0051], “The processor 11 … can be mounted and/or coupled with a circuit layer of the wearable device 10. The circuit layer can be enclosed or at least partially enclosed by the housing 40…. The circuit layer can be, for example, a circuit board, such as circuit board 105…”);
a temperature sensor mounted to the first surface of the circuit board adjacent said at least one hole; (Para. [0017], “…a first temperature sensor electrically coupled with the circuit board and positioned adjacent the first surface and the at least one hole of the circuit board…”);
a thermally conductive probe extending through said opening of the housing, (Figs. 5A-D, Fig. 7, “thermally conductive probe 140”);
Fig. 7 depicts “thermally conductive probe 140” extending through the opening of “housing 40.” See Annotated Fig. 7, below.
the thermally conductive probe comprising a first end and a second end opposite the first end, the first end positioned adjacent the second surface of the circuit board and said at least one hole; (Para. [0017], “…a thermally conductive probe comprising a first end and a second end opposite the first end, wherein the first end is positioned adjacent the second surface of the circuit board proximate the at least one hole and aligned with the first temperature sensor…”);
and a wall extending outward from the bottom portion of the housing and extending around at least a portion of the thermally conductive probe, wherein the wall is separate from the housing; (Fig. 7, walls formed by “opening 55 of substrate 50;” Figs 3A-B depict “substrate 50” as “separate from the housing;” see Annotated Fig. 7, below; see Annotated Fig. 3A, above);
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wherein, when the hub and the dock are secured to one another and the dock is secured to the subject's skin: the second end of the thermally conductive probe contacts at least one of said one or more substrates of the dock; (Fig. 7, “probe 140” is depicted as contacting “substrate 25”);
and the thermally conductive probe is configured to receive thermal energy emanating from the subject's skin through the one or more substrates and transmit said thermal energy towards said temperature sensor via the at least one hole of the circuit board. (Para. [0017], “…the thermally conductive probe configured to transmit a thermal energy of the user to the first temperature sensor via the at least one hole extending through the circuit board, the first temperature sensor configured to determine a body temperature of the user based on said transmitted thermal energy.”).
Regarding Claim 29, Forrest discloses the entirety of Claim 28 as explained above.
Forrest additionally discloses:
wherein the hub further comprises a battery coupled to the circuit board and arranged within the interior of the housing. (Para. [0014], “The wearable device can further comprise a battery configured to provide power to the circuit board;” Para. [0015], “…the battery can be at least partially enclosed by the housing.”).
Regarding Claim 30, Forrest discloses the entirety of Claim 28 as explained above.
Forrest additionally discloses:
wherein the wall surrounds an entire cross-section of the thermally conductive probe (Fig. 7, walls formed by “opening 55 of substrate 50” surround “probe 140;” Figs 3A-B depict “substrate 50” as having a circular “opening 55;” see Annotated Fig. 7, above; see Annotated Fig. 3A, above).
Regarding Claim 31, Forrest discloses the entirety of Claim 28 as explained above.
Forrest additionally discloses:
wherein the wall surrounds an entire perimeter of the thermally conductive probe. (Fig. 7, walls formed by “opening 55 of substrate 50” surround “probe 140;” Figs 3A-B depict “substrate 50” as having a circular “opening 55;” see Annotated Fig. 7, above; see Annotated Fig. 3A, above).
Regarding Claim 32, Forrest discloses the entirety of Claim 28 as explained above.
Forrest additionally discloses:
wherein the wall encircles the thermally conductive probe (Fig. 7, walls formed by “opening 55 of substrate 50” surround “probe 140;” Figs 3A-B depict “substrate 50” as having a circular “opening 55;” see Annotated Fig. 7, above; see Annotated Fig. 3A, above).
Regarding Claim 33, Forrest discloses the entirety of Claim 28 as explained above.
Forrest additionally discloses:
wherein the thermally conductive probe extends beyond the wall (Fig. 7, walls formed by “opening 55 of substrate 50” surround “probe 140” with probe 140 extending beyond housing and wall; see Annotated Fig. 7, above).
Regarding Claim 37, Forrest discloses the entirety of Claim 33 as explained above.
Forrest additionally discloses:
wherein the wall is cylindrical and the thermally conductive probe is cylindrical. Fig. 7, walls formed by “opening 55 of substrate 50” surround “probe 140;” Figs 3A-B depict “substrate 50” as having a circular “opening 55,” which circular opening forms walls that are cylindrical; see Annotated Fig. 7, above; see Annotated Fig. 3A, above).
Regarding Claim 39, Forrest discloses the entirety of Claim 33 as explained above.
Forrest additionally discloses:
wherein said temperature sensor is a first temperature sensor of the wearable device, and wherein the wearable device further comprises a second temperature sensor mounted to the first surface of the circuit board spaced from the first temperature sensor. (Para. [0012], “The wearable device can further comprise a second temperature sensor coupled to the circuit board and spaced away from the first temperature sensor by a first distance…”).
Regarding Claim 40, Forrest discloses the entirety of Claim 39 as explained above.
Forrest additionally discloses:
wherein the one or more processors are configured to receive one or more signals from the first and second temperature sensors and determine a body temperature of the subject based on said received signals (Para. [0109], “The temperature sensor 150 b can be configured to generate one or more signals responsive to detected thermal energy, determine temperature, and/or transmit such generated one or more signals and/or such determined temperature to the processor 11 of the wearable device 10 continuously and/or intermittently;” Para. [0106], “…the temperature sensor 150 a can determine a body temperature of the subject and/or can generate and transmit one or more signals responsive to the thermal energy to the processor 11 of the wearable device 10.”).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 34-36 and 38 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0290072 A1 to Forrest et al. (“Forrest”).
Regarding Claim 34, Forrest discloses the entirety of Claim 33 as explained above.
Forrest does not disclose:
wherein less than about 30% of a length of the thermally conductive probe extends beyond the wall.
However, the ordinarily skilled artisan is expected to experiment to determine the dimensions of the probe in order to provide the best sensing capability for the particular patient, yielding predictable results. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding Claim 35, Forrest discloses the entirety of Claim 33 as explained above.
Forrest does not disclose:
wherein the thermally conductive probe extends beyond the wall an amount that is less than about 1.5 mm.
However, the ordinarily skilled artisan is expected to experiment to determine the dimensions of the probe in order to provide the best sensing capability for the particular patient, yielding predictable results. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding Claim 36, Forrest discloses the entirety of Claim 33 as explained above.
Forrest does not disclose:
wherein the thermally conductive probe extends beyond the wall an amount that is between about 0.2 mm and about 1.5 mm.
However, the ordinarily skilled artisan is expected to experiment to determine the dimensions of the probe in order to provide the best sensing capability for the particular patient, yielding predictable results. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding Claim 38, Forrest discloses the entirety of Claim 33 as explained above.
Forrest does not disclose:
wherein a gap between the thermally conductive probe and the wall is between about 0.2 mm and about 1.5 mm
However, the ordinarily skilled artisan is expected to experiment to determine the dimensions of the probe in order to provide the best sensing capability for the particular patient, yielding predictable results. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Claims 41, 42 and 45 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0290072 A1 to Forrest et al. (“Forrest”) as applied to Claim 28 above, and further in view of US 2020/0054246 A1 to Banet (“Banet”).
Regarding Claim 41, Forrest discloses the entirety of Claim 28 as explained above.
Forrest does not disclose:
further comprising: a plurality of electrodes for monitoring cardiac activity of the subject; and a plurality of cables configured to facilitate electrical communication between the plurality of electrodes and the circuit board of the hub via an electrical connection between the dock and the hub when the hub and the dock are secured to one another
Banet describes a “Body-worn monitor for measuring respiratory rate” (Title). Banet is analogous art.
Banet teaches:
further comprising: a plurality of electrodes for monitoring cardiac activity of the subject; and a plurality of cables configured to facilitate electrical communication between the plurality of electrodes and the circuit board of the hub via an electrical connection between the dock and the hub when the hub and the dock are secured to one another (Para. [0067]; Fig. 1, “electrodes 20, 22, 24” are shown connected to “sensor module 25” via cables).
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Forrest with the teachings of Banet to use Banet’s electrodes and cable since it would provide ECG signals and thus a more complete picture of the patient’s health in a predictable manner.
Regarding Claim 42, Forrest discloses the entirety of Claim 41 as explained above.
Forrest additionally teaches:
wherein the dock further comprises a circuit layer, and wherein said plurality of cables are configured to facilitate electrical communication between the plurality of electrodes and the circuit layer (Para. [0051], “The processor 11, storage device 12, wireless transceiver 13, battery 14, information element 15, and/or one or more temperature sensors 16 can be mounted and/or coupled with a circuit layer …”).
It is considered to have been obvious to connect the cable of Banet to the circuit board of Forrest since that is where the processors are located to process the signals from the electrodes, as is well known in the art.
Regarding Claim 45, Forrest discloses the entirety of Claim 28 as explained above.
Forrest additionally teaches:
A system comprising the wearable device of Claim 28 (see Rejection of Claim 28, above)
Forrest does not disclose:
and a charging device
Banet describes a “Body-worn monitor for measuring respiratory rate” (Title). Banet is analogous art.
Banet teaches:
and a charging device (Para. [0143], Banet’s rechargeable batteries are such a charging device as claimed).
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Forrest with the teachings of Banet (i.e., to use such rechargeable batteries as taught by Banet) because such a modification entails combining prior art elements according to known methods to yield predictable results, as the substituted rechargeable battery merely performs the same function once combined as it would separately and the results of the combination would have been predictable.
Claims 43 and 44 are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0290072 A1 to Forrest et al. (“Forrest”) and US 2020/0054246 A1 to Banet (“Banet”) as applied to Claim 41 above, and further in view of US 2015/0248833 A1 to Arne et al. (“Arne”).
Regarding Claim 43, the combination of Forrest and Banet renders obvious the entirety of Claim 41 as explained above.
Banet additionally teaches:
wherein said plurality of electrodes are external electrodes configured to be secured to the subject's skin away from the dock, (Para. [0067]; Fig. 1, “electrodes 20, 22, 24”).
The combination of Forrest and Banet does not disclose:
and wherein the wearable device further comprises at least one internal electrode operably positioned by the dock
Arne describes “a wireless wearable sensor configured to monitor at least one parameter and to wirelessly communicate the at least one monitored parameter to a communication device” (Para. [0002]). Arne is analogous art.
Arne teaches:
and wherein the wearable device further comprises at least one internal electrode operably positioned by the dock (see at least figure 4 and ¶30 which teach electrodes 114a,114b).
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Forrest and Banet with the teachings of Arne (i.e., to use the internal electrodes of Arne with the device of Telfort) since it would allow for more parameters to be sensed, and thus more complete evaluation of the patient, in a predictable manner.
Regarding Claim 44, the combination of Forrest and Banet renders obvious the entirety of Claim 43 as explained above.
Arne additionally teaches:
wherein the wearable device comprises two internal electrodes spaced from one another and operably positioned by the dock (see at least figure 4 of Arne. When combined with Telfort, the electrode of Arne will be positioned by the dock so that they can be adhered to the patient).
Claim 46 is rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0290072 A1 to Forrest et al. (“Forrest”) and US 2020/0054246 A1 to Banet (“Banet”) as applied to Claim 45 above, and further in view of US 2020/0321793 A1 to Al-Ali et al. (“Al-Ali”).
Regarding Claim 46, the combination of Forrest and Banet renders obvious the entirety of Claim 45 as explained above.
The combination of Forrest and Banet does not disclose:
wherein the charging device comprises a plurality of charging cavities, each of the plurality of charging cavities configured to receive at least a portion of the hub and charge a battery of the hub.
Al-Ali describes “Charging station for physiological monitoring device” (Title). Al-Ali is analogous art.
Al-Ali teaches:
wherein the charging device comprises a plurality of charging cavities, each of the plurality of charging cavities configured to receive at least a portion of the hub and charge a battery of the hub (Al-Ali teaches a charging device with cavities, see at least figure 10A and ¶534-536.).
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Forrest and Banet with the teachings of Al-Ali (i.e., to use such a charging device with the device of Telfort) since it would allow for recharging the rechargeable batteries in a convenient and predictable manner.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER J MUTCHLER whose telephone number is (571)272-8012. The examiner can normally be reached M-F 7:00 am - 4:00 pm.
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/C.J.M./Examiner, Art Unit 3796
/Jennifer Pitrak McDonald/Supervisory Patent Examiner, Art Unit 3796
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