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 Objections
Claim 5 is objected to because of the following informalities:
“disposed is a single semiconductor substrate” in line 2 of the claim should be “disposed in a single semiconductor substrate”.
Claim 10 is objected to because of the following informalities:
“antenna bands;” in the last line of the claim should be “antenna bands.”
Claim 13 is objected to because of the following informalities:
“a covering,” in the last line of the claim should be “a covering.”
Appropriate correction is required.
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 1-3, 5-8, 12-13 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leabman (US 20200187792 A1).
With respect to claim 1, Leabman discloses a wearable health monitoring device (see paragraph 0003: a wearable health monitoring device), comprising:
a flexible strap band including a flexible strap portion (see paragraph 0095 and Figs.1A-1B: strap #104 which has a case/housing #102), configured for wear over the wrist of a user and detachable coupling to a smartwatch (see paragraph 0095 and Figs. 1A-1B: worn over a wrist of user and the strap is attached to case by lugs where it makes it detachably coupled to a smartwatch’s #100 housing/case #102), including:
a plurality of antenna bands integrated within the flexible strap portion (see paragraph 0095 and Figs. 1A-1B: the back plate of the case #102 is made of metal with openings in the metal at locations that correspond to sensor antennas where the dashed line block #110 represents a sensor system that may be partially or fully embedded within the case where the sensor system may include a sensor integrated circuit (IC) device with both transmit and/or receive antennas), the plurality of antenna bands fabricated with one or more transmit antenna bands and one or more receive antenna bands (see paragraph 0124-0126 and Fig. 10: plurality of transmit (TX) antenna bands and plurality of receive (RX) antenna bands on the back of a smartwatch case and they are part of an IC device) configured to transmit radio frequency (RF) detection signals into the skin of the user and a receive antenna band configured to detect RF return signals resulting from transmitting the RF detection signals into the person (see paragraph 0123 and Fig. 9: the TX and RX antennas are configured to transmit and receive millimeter range radio waves into the skin of a user), the plurality of antenna bands disposed in an array (see Fig. 10: plurality of antennas are disposed in an array);
an electronic device (see paragraph 0095 and Figs 1A-1B: the dashed line block #110 represents a sensor system that may be partially or fully embedded within the case where the sensor system may include a sensor integrated circuit (IC) device with both transmit and/or receive antennas; and see Fig. 5: example of sensor system), connected to the plurality of antenna bands and controlling the plurality of antenna bands (see paragraph 0095 and Figs. 1A-1B: the sensor system may include a sensor integrated circuit (IC) device with both transmit and/or receive antennas; and see paragraph 0103-0104: sensor system includes TX antennas and RX antennas), including:
a processing unit configured to extract information related to the health parameters of the user for in response to the RF return signals detected from the receive antenna bands and to output a signal that corresponds to health parameters of the user in response to the received RF return signals (see paragraph 0113: digital data is provided to a digital signal processor (DSP) and/or or a central processing unit (CPU) #764 to isolate signals that correspond to electromagnetic energy that was reflected by the blood in a vein of a person where the electromagnetic energy was received at a RX antenna; and see paragraph 0147: DSP may be embodied as an Advanced RISC machine; and see paragraph 0122: health parameter such as blood glucose level in the blood of a person can be monitored); and
a communication module to send the health parameters to the smartwatch (see paragraph 0153: strap includes conductive signal paths that communicate signals between the sensor IC device and the processor of the smartwatch); and
a right connector and a left connector at the respective sides of the flexible strap portion (see paragraph 0095 and Figs. 1A-1B: worn over a wrist of user and the strap is attached to case by lugs on each side), configured to couple magnetically, mechanically (see paragraph 0095 and Figs. 1A-1B: lugs allow mechanical connection to case #102), or using hook and loop fasteners to form a loop.
With respect to claim 2, all limitations of claim 1 apply in which Leabman further discloses wherein the electronic device is contained within the flexible strap portion (see paragraph 0095 and Figs 1A-1B: the dashed line block #110 represents a sensor system that may be partially or fully embedded within the case where the sensor system may include a sensor integrated circuit (IC) device with both transmit and/or receive antennas).
With respect to claim 3, all limitations of claim 1 apply in which Leabman further discloses wherein the electronic device is contained within a housing independent from the flexible strap portion (see paragraph 0095 and Figs 1A-1B: the dashed line block #110 represents a sensor system that may be partially or fully embedded within the case where the sensor system may include a sensor integrated circuit (IC) device with both transmit and/or receive antennas; and see paragraph 0096: sensing system can be incorporated into a device such as a dongle or cover that is paired via USB or BLUETOOTH to smartwatch/smartphone).
With respect to claim 5, all limitations of claim 1 apply in which Leabman further discloses wherein the array the plurality of antenna bands are disposed is a single semiconductor substrate (see paragraph 0017 and Fig. 8A: TX and RX antennas are attached to a single semiconductor substrate represented by the inner footprint #824 of an IC device).
With respect to claim 6, all limitations of claim 1 apply in which Leabman further discloses wherein the electronic device is connected to the plurality of antenna bands by an electromechanical unit providing a junction (see paragraph 0116: the TX and RX antennas are attached to an outer surface of an IC package such that the TX and RX antennas attachment points are close to corresponding transmit and receive circuits; and see paragraph 0120: conductive pads #864 provide an electrical interface between circuits and the semiconductor substrate die and a corresponding antenna).
With respect to claim 7, all limitations of claim 1 apply in which Leabman further discloses wherein the flexible strap portion includes material selected from one or more of: rubber; polyester, leather, metal (see paragraph 0095: the case #102 may be primarily formed of metal), steel, and polyethylene.
With respect to claim 8, all limitations of claim 1 apply in which Leabman further discloses wherein the health parameters of the user include at least one of: blood glucose level (see paragraph 0122: health parameter such as blood glucose level in the blood of a person can be monitored), heart rate (see paragraph 0149: heart rate), blood pressure (see paragraph 0149: blood pressure), and oxygen saturation.
With respect to claim 12, all limitations of claim 1 apply in which Leabman further discloses wherein the processing unit is configured to isolate a signal from a particular location in 3D space to locate veins in response to RF signals received by the receive antenna bands (see paragraph 0022, 0100 and 0154: processor isolates signal from a particular location in the 3D space to locate veins in response to RX signals from RX antennas).
With respect to claim 13, all limitations of claim 1 apply in which Leabman further discloses wherein the flexible strap portion includes a covering (see paragraph 0096: a cover can be placed over smartwatch)
With respect to claim 16, Leabman discloses a wearable health monitoring device (see paragraph 0003: a wearable health monitoring device), comprising:
a housing (see paragraph 0095 and Figs.1A-1B: strap #104 which has a case/housing #102);
an attachment device detachably coupled to the housing (see paragraph 0095 and Figs.1A-1B: strap #104 which has a case/housing #102 where the strap is attached to case by lugs where it makes it detachably coupled to a smartwatch’s #100 housing/case #102), wherein the attachment device having one or more transmit antennas and one or more receive antennas (see paragraph 0124-0126 and Fig. 10: plurality of transmit (TX) antenna bands and plurality of receive (RX) antenna bands on the back of a smartwatch case and they are part of an IC device) are configured to transmit radio waves and receive responded portion of the transmitted radio waves (see paragraph 0123 and Fig. 9: the TX and RX antennas are configured to transmit and receive millimeter range radio waves into the skin of a user) over a three-dimensional (3D) space below a skin surface of a user (see paragraph 0100-0101: radio waves penetrate a 3D space below skin of user); and
a processing unit configured to isolate a signal from a particular location in the 3D space in response to the received radio waves on the one or more receive antennas and output a signal that corresponds to health parameters of the user in response to the isolated signal (see paragraph 0022, 0100 and 0154: processor isolates signal from a particular location in the 3D space to locate veins in response to RX signals from RX antennas; and see paragraph 0113: digital data is provided to a digital signal processor (DSP) and/or or a central processing unit (CPU) #764 to isolate signals that correspond to electromagnetic energy that was reflected by the blood in a vein of a person where the electromagnetic energy was received at a RX antenna; and see paragraph 0147: DSP may be embodied as an Advanced RISC machine; and see paragraph 0122: health parameter such as blood glucose level in the blood of a person can be monitored).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4, 9-11, 14-15 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Leabman in view of Connor (US 20170164878 A1).
With respect to claim 4, all limitations of claim 1 apply in which Leabman does not specifically disclose wherein the electronic device further contains a memory unit configured to store data related to health parameters extracted by the processing unit.
Connor teaches a wearable device with a memory unit (see paragraph 0331: wearable device with a memory component).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Leabman with the teachings of Connor to add a memory unit as it is known in the field to store data in a memory (Connor: see [0331]) for a processor to extract data immediately for processing.
With respect to claim 9, all limitations of claim 1 apply in which Leabman does not specifically disclose 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 antenna bands and during detection of the RF signals by the one or more receive antenna; 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 antenna bands and during detection of the RF signals by the one or more receive antenna bands.
Connor teaches a motion sensor that detects motion of a user (see paragraph 0314: a motion sensor) which collects data that is analyzed to detect changes in configuration, position and/or orientation of a microwave sensor relative to a person’s body and/or changed in a person’s body movement speed, acceleration, orientation or direction (see paragraph 0314).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device disclosed by Leabman with the teachings of Connor to have added a motion sensor because it would have resulted in the predictable result of altering the analysis of a wearable glucose monitoring system to account for the data due to motion of a user as it modifies a person’s intra-body glucose level (Connor: see [0314]).
With respect to claim 10, all limitations of claim 1 apply in which Leabman does not disclose 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 antenna bands and during detection of the RF signals by the one or more receive antenna bands; and an ECG sensor that senses the heartbeat of the user during transmission of the RF detection signals by the one or more transmit antenna bands and during detection of the RF signals by the one or more receive antenna bands;
Connor teaches a body temperature sensor that detects the temperature of a user (see paragraph 0316: a thermal energy sensor) which collects data that is analyzed to detect changes in a person’s body temperature and/or environmental temperature (see paragraph 0316).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device disclosed by Leabman with the teachings of Connor to have added a temperature sensor because it would have resulted in the predictable result of altering the analysis of a wearable glucose monitoring system to account for the data due to temperature of a user as it modifies a person’s intra-body glucose level (Connor: see [0314]).
With respect to claim 11, all limitations of claim 1 apply in which Leabman further discloses further comprising at least one of:
an circadian rhythm sensor that senses circadian data of the user during transmission of the RF detection signals by the one or more transmit antenna bands and during detection of the RF signals by the one or more receive antenna bands; and
an background noise sensor that senses background noise around the user during transmission of the RF detection signals by the one or more transmit antenna bands and during detection of the RF signals by the one or more receive antenna bands (see paragraph 0144-0147: doppler effect processing filters signals that correspond to movement relative to other signals that correspond to stationary signals and further a doppler effect component #2070 of DSP #2064 senses background noise around a user during transmission and detection of RF signals).
Leabman does not specifically disclose that the background noise sensor is an ECG background noise sensor.
Connor teaches an ECG sensor (see paragraph 0321, ECG sensor).
The substitution of one known element, the sensor as taught by Leabman, for another ECG sensor, as taught by Connor, would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention since the substitution would have yielded predictable results, namely, to provide sensor signals about a user’s health (Connor: see [0201]).
With respect to claim 14, all limitations of claim 1 apply in which Leabman does not specifically disclose wherein the plurality of antenna bands disposed in an array are configured to be sequentially activated and deactivated.
Connor teaches a plurality of antenna bands disposed in an array that are configured to be sequentially activated and deactivated (see paragraph 0183: a wearable device for glucose monitoring that has two or more energy emitters that can emit energy in non-simultaneous (sequential) manner; and see paragraph 0160: energy emitter can be an antenna and an energy receiver can be an antenna; and see paragraph 0659: energy emitters and energy receivers are along the same circumferential line of a band and alternate sequentially along a circumferential line of a band).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device disclosed by Leabman with the teachings of Connor to have sequentially activated and deactivated antenna bands because it would have resulted in the predictable result of alternating between an energy emitter and energy receiver to systematically measure a person’s blood glucose level (Connor: see [0659]) and to manage energy efficiency.
With respect to claim 15, all limitations of claim 1 apply in which Leabman does not specifically disclose wherein health parameters sent to the smartwatch via the communication module are sent wirelessly.
Conner teaches wirelessly sending health parameters to a smartwatch via a communication module (see paragraph 0199: wearable device for non-invasive glucose monitoring gas a housing which is a component of a smart watch; and see paragraph 0747: data can be wirelessly transmitted to data processor and transmitter/receiver).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Leabman with the teachings of Connor to wirelessly send data as it is known in the field to transfer data wirelessly (Connor: see [0332]) to provide mobility to users by not needing a cord or wire to transfer data.
With respect to claim 17, all limitations of claim 16 apply in which Leabman does not specifically disclose wherein the electronic device further contains a memory unit configured to store data related to health parameters of the user.
Connor teaches a wearable device with a memory unit (see paragraph 0331: wearable device with a memory component).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Leabman with the teachings of Connor to add a memory unit as it is known in the field to store data in a memory (Connor: see [0331]) for a processor to extract data immediately for processing.
With respect to claim 18, all limitations of claim 17 apply in which Leabman further discloses wherein the processing unit is further configured to isolate a signal from a particular location in 3D space to locate veins in response to radio wave signals received by the receive antennas (see paragraph 0022, 0100 and 0154: processor isolates signal from a particular location in the 3D space to locate veins in response to RX signals from RX antennas).
Conclusion
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/N.N.P./Examiner, Art Unit 3791
/MATTHEW KREMER/Primary Examiner, Art Unit 3791