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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 and 6-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goff et al. (US 2019/0142625).
In re claim 1, Goff discloses a biological information measurement apparatus (fig. 1: 100; [0105, 0116]) comprising:
a detection unit (fig. 6: pulse oximetry 144; [0116]) including a light-emitting unit ([0116]: pulse oximetry 144 would have a light-emitting unit; [0117]: another example of a pulse oximetry module has a part which emits light) and a light-receiving unit ([0116]: pulse oximetry 144 would have a light-receiving unit; [0117]: another example of a pulse oximetry module has a part which receives light);
an inertial sensor (fig. 6: 140 [0116]) configured to detect a body motion of a test subject ([0116]: 140 may include an accelerometer which would detect body motion of a test subject; [0029]); and
a housing (fig. 6: 100: combination of 120 and 110) having a measurement surface (110; [0105]) configured to face the test subject ([0107]: bottom surface of 110 which conforms to anatomy of a wearer; fig. 2) and accommodating the detection unit and the inertial sensor (fig. 6: 110 includes a cut-out for 120 which contains the detection unit 144 and the inertial sensor 140, and is interpreted as accommodating the detection unit and the inertial sensor under broadest reasonable interpretation by providing space for them),
wherein in a plan view of the measurement surface (fig. 6), a first width (fig. 6: top to bottom length of 110) of the housing along a parallel axis (fig. 6: axis going top to bottom on 110) parallel to an axis of the inertial sensor (fig. 6: axis going top to bottom of a top surface of 140; fig. 17) is different from a second width (fig. 6: left to right length of 110) of the housing (fig. 6) along an orthogonal axis orthogonal to the axis of the inertial sensor (fig. 6: orthogonal to the axis of the inertial sensor is an axis going left to right of 140; fig. 6: orthogonal axis is left to right axis of 110).
In re claim 2, Goff discloses wherein the first width is smaller than the second width (fig. 6: length from top to bottom of 110 is less than the length going left to right of 110).
In re claim 3, Goff discloses wherein the measurement surface includes an adhesive layer [0023].
In re claim 6, Goff discloses a biological information measurement set (fig. 2: combination of 100 and 130).
Regarding the limitations “a biological information measurement set comprising:
a biological information measurement apparatus including a detection unit including a light-emitting unit and a light-receiving unit,
an inertial sensor configured to detect a body motion of a test subject, and
a housing having a measurement surface configured to face the test subject and accommodating the detection unit and the inertial sensor; and
...wherein in a plan view of the measurement surface, a first width of the housing along a parallel axis parallel to an axis of the inertial sensor is different from a second width of the housing along an orthogonal axis orthogonal to the axis of the inertial sensor”, see in re claim 1 above.
Regarding the limitation, “a wearing tool configured to cover the housing and press the biological information measurement apparatus to the test subject”, Goff discloses a wearing tool ([0066]: headband which secures the electronics housing to a forehead) configured to cover the housing ([0066]: headband would cover at least part of the housing) and press the biological information measurement apparatus to the test subject [0066],
In re claim 7, Goff discloses wherein a facing surface of the housing (see in re claim 4 above) in contact with the wearing tool is implemented by an elastic member ([0105]: 120 may be a softer elastomer which is an elastic member and would be in contact at least indirectly with the wearing tool [0066]).
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.
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 is rejected under 35 U.S.C. 103 as being unpatentable over Goff et al. (US 2019/0142625) in view of another embodiment of Goff.
In re claim 4, Goff discloses wherein the housing has a facing surface (fig. 6: top of 120) facing the measurement surface (fig. 6: bottom of the facing surface would face toward the measurement surface).
Goff fails to disclose wherein the facing surface is a convex curved surface.
Another embodiment of Goff (fig. 16A; [0094, 0131]) teaches wherein a facing surface (fig. 16a: top portion of 100) is a convex curved surface (fig. 16a).
Goff further teaches that the downward peripheral portion of housing 105 ([0131]; fig. 16a) provides direct coupling with the skin [0131].
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the biological information measurement apparatus of Goff, to provide wherein the facing surface is a convex curved surface, as taught by the second embodiment of Goff, because doing so would provide better coupling with the skin.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Goff et al. (US 2019/0142625).
In re claim 5, Goff discloses wherein the measurement surface has a rectangle shape (fig. 6: 110 is rectangular) in the plan view of the measurement surface (fig. 6).
Goff fails to disclose wherein the measurement surface has an elliptical shape in the plan view of the measurement surface.
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the measurement surface of Goff to instead have an elliptical shape in the plan view of the measurement surface, because doing so would be a change in shape, as shown In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
Al-Ali et al. (US 12,478,293) discloses a non-invasive physiological sensor system (abstract) implemented as a smart watch (abstract) comprising of an emitter (abstract) and a detector (abstract) for collecting light interacting with tissue of a wearer (abstract).
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUMAISA R BAIG whose telephone number is (571)270-0175. The examiner can normally be reached Mon-Fri: 8am- 5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at (571) 270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUMAISA RASHID BAIG/Examiner, Art Unit 3796
/William J Levicky/Primary Examiner, Art Unit 3796