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 .
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. In claim 1, the limitation “a structure for physically interfacing with the smartwatch” lacks definite meaning; it is not clear who or what is intended to interface with the smartwatch.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leabman (US 2022/0287656 A1).
Regarding claim 1, Leabman (‘656) teach a wearable health monitoring device, removeably attachable to a smartwatch having a watch case and a watch strap (“smartwatch 100” see [0129]), comprising: at least one transmit antenna configured to transmit radio frequency (RF) detection signals into a skin surface of a user (“transmit and/or receive antennas” see [0129]); at least one receive antenna configured to receive responded RF detection signals that result from the RF detection signals transmitted into the user (“transmit and/or receive antennas” see [0129]); an analog to digital converter (ADC) communicatively coupled with the at least one receive antenna, wherein the ADC is configured to convert the received responded RF signals into digital signals (“analog-to-digital converter (ADC) 562” see [0139]); a processor communicatively coupled to the ADC and configured to convert the digital signals into output information (“digital signal processor (DSP) 564” see [0139]); a wireless communication module communicatively coupled with the processor and configured to transmit the output information to the smartwatch to reflect a health parameter of the user (“wireless link” see [0189]); and a structure for physically interfacing with the smartwatch (“front face 106 of the case and a crown 108” see [0129]).
Regarding claim 2, Leabman (‘656) teach the wearable health monitoring device of claim 1, further comprising a semiconductor chip including a frequency synthesizer and a frequency multiplier (see [0134]).
Regarding claim 3, Leabman (‘656) teach the wearable health monitoring device of claim 1, further comprising a semiconductor chip including a frequency mixer configured to create new frequencies with respect to applied frequencies (see [0134]).
Regarding claim 4, Leabman (‘656) teach the wearable health monitoring device of claim 1, further comprising a memory configured to store the output information from the processor in a database, the database segregated into a raw data sample and derived data from a user (see [0206]).
Regarding claim 5, Leabman (‘656) teach the wearable health monitoring device of claim 4, wherein the raw data sample may correspond to a threshold limit for each heath parameter (see [0206]).
Regarding claim 6, Leabman (‘656) teach the wearable health monitoring device of claim 1, wherein the database includes multiple health parameters evaluated or derived from one or more users at periodic intervals, where the periodic intervals may be set by the one or more users (see [0206]).
Regarding claim 7, Leabman (‘656) teach the wearable health monitoring device of claim 6, wherein the multiple health parameters include one or more of the following: blood glucose level, heart rate, and blood pressure (see [0124]).
Regarding claim 8, Leabman (‘656) teach the wearable health monitoring device of claim 1, wherein the structure for physically interfacing with the smartwatch includes at least one of: one or more clips that attach over the watch strap, and one or more magnets that attach over the watch strap (see [0244], [0305], [0324], [0349]-[0350]).
Regarding claim 9, Leabman (‘656) teach the wearable health monitoring device of claim 8, wherein the one or more clips are hook and loop fasteners or buckle and loop fasteners (see [0244], [0305], [0324], [0349]-[0350]).
Regarding claim 10, Leabman (‘656) teach the wearable health monitoring device of claim 1, wherein the structure for physically interfacing with the smartwatch includes a case that mounts underneath the smartwatch and provides a shell around configuration (see [0244], [0305], [0324], [0349]-[0350]).
Regarding claim 11, Leabman (‘656) teach the wearable health monitoring device of claim 1, further comprising at least one of: a motion sensor that detects motion of the user during transmission of the RF detection signals by the one or more transmit antennas and during detection of the RF signals by the one or more receive antennas; and a body position sensor that detects the body position of the user during transmission of the RF detection signals by the one or more transmit antennas and during detection of the RF signals by the one or more receive antennas (“a gyroscope” see [0340]).
Regarding claim 12, Leabman (‘656) teach the wearable health monitoring device of claim 1, further comprising at least one of: a body temperature sensor that detects the temperature of the user during transmission of the RF detection signals by the one or more transmit antennas and during detection of the RF signals by the one or more receive antennas; an ECG sensor that senses the heartbeat of the user during transmission of the RF detection signals by the one or more transmit antennas and during detection of the RF signals by the one or more receive antennas; an circadian rhythm sensor that senses circadian data of the user during transmission of the RF detection signals by the one or more transmit antennas and during detection of the RF signals by the one or more receive antennas; and an ECG background noise sensor that senses background noise around the user during transmission of the RF detection signals by the one or more transmit antennas and during detection of the RF signals by the one or more receive antennas (“thermometer, heart rate, HRV” see [0340]).
Regarding claim 13, Leabman (‘656) teach the wearable health monitoring device of claim 1, further comprising a center line indicator on the wearable health monitoring device disposed in between the at least one transmit antenna and the at least one receive antenna, by which the wearable health monitoring device is properly aligned over the watch strap and vein locations are monitored (see [0244], [0305], [0324], [0349]-[0350]).
Regarding claim 14, Leabman (‘656) teach the wearable health monitoring device of claim 1, further comprising: an alignment light source configured to emit light of a specified wavelength into the skin surface of a user, and an alignment light detector configured to receive reflected light from a vein of the user that results from light emitted into the skin surface of the user, the processor equipped to analyze the reflected light to facilitate alignment of the wearable health monitoring device (see [0247]).
Regarding claim 15, Leabman (‘656) teach the wearable health monitoring device of claim 1, further comprising: an alignment sound source configured to emit sound waves of a specified wavelength into the skin surface of a user, and an alignment sound receiver configured to receive reflected sound waves from a vein of the user that results from sound waves emitted into the skin surface of the user, the processor equipped to analyze the reflected sound waves to facilitate alignment of the wearable health monitoring device (see [0247]).
Regarding claim 16, Leabman (‘656) teach a wearable health monitoring device, removeably attachable to a smartwatch having a watch case and a watch strap, comprising: at least one transmit antenna configured to transmit radio frequency (RF) detection signals into a skin surface of a user; at least one receive antenna configured to receive responded RF detection signals that result from the RF detection signals transmitted into the user; an analog to digital converter (ADC) communicatively coupled with the at least one receive antenna, wherein the ADC is configured to convert the received responded RF signals into digital signals; a processor communicatively coupled to the ADC and configured to convert the digital signals into output information; one or more clips configured to attach over the watch strap; and a motion sensor that detects motion of the user during transmission of the RF detection signals by the one or more transmit antennas and during detection of the RF signals by the one or more receive antennas (see [0247]).
Regarding claim 17, Leabman (‘656) teach the wearable health monitoring device of claim 16, further comprising: an alignment light source configured to emit light of a specified wavelength into the skin surface of a user, and an alignment light detector configured to receive reflected light from a vein of the user that results from light emitted into the skin surface of the user, the processor equipped to analyze the reflected light to facilitate alignment of the wearable health monitoring device (see [0247]).
Regarding claim 18, Leabman (‘656) teach the wearable health monitoring device of claim 16, further comprising: an alignment sound source configured to emit sound waves of a specified wavelength into the skin surface of a user, and an alignment sound receiver configured to receive reflected sound waves from a vein of the user that results from sound waves emitted into the skin surface of the user, the processor equipped to analyze the reflected sound waves to facilitate alignment of the wearable health monitoring device (see [0247]).
Regarding claim 19, Leabman (‘656) teach the wearable health monitoring device of claim 16, further comprising a memory configured to store the output information from the processor in a database, the database segregated into a raw data sample and derived data from a user (see [0206]).
Regarding claim 20, Leabman (‘656) teach the wearable health monitoring device of claim 19, wherein the raw data sample may correspond to a threshold limit for each heath parameter (see [0206]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK REMALY whose telephone number is (571)270-1491. The examiner can normally be reached Mon - Fri 9:00 - 6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koharski can be reached at (571) 272-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK D REMALY/Primary Examiner, Art Unit 3797