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 .
Election/Restrictions
Claims 14-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups II and III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on March 30, 2026. Currently claims 1-21 are pending in this application, with claims 14-21 withdrawn from consideration.
Claim Rejections - 35 USC § 101
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-13 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 1, line 3 includes the phrase “direct skin contacting sensor.” This appears to be claiming a connection to the human body.
Claim 1, line 7-8 recite the phrase “wherein the DSC sensor is part of a bottom of the central housing, the DSC sensor is in direct contact with the subject's body.” This is positively reciting the subject’s body. It is suggested to claim the device “configured for direct contact” or other similar language.
Similar issues exist in claim 5, “wherein the plurality of legs is connected to the central housing such that the plurality of legs hold the central housing in contact with the subject's body.”
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 1-13 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, lines 9-13 recites the phrase “wherein each of two or more legs of the plurality of legs attaches to the subject's body, and to a flexible elbow between one of the two or more legs and the central housing; wherein the flexible elbow allows movement of each of the two or more legs in respect to the central housing in three or more degrees of freedom.” This phrase is unclear, as it is not clear if the claim is attempting to recite (at minimum):
two legs each attached to respective elbows (2 legs, 2 elbow); or
two legs attached to a single elbow (2 legs 1, elbow).
There is no support in the specification has originally filed for one elbow to be attached to two separate legs. It is suggested to more clearly define that each leg is attached to a separate elbow.
Allowable Subject Matter
Claims 1-14 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and those under 35 U.S.C. 101 as set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record does not disclose wearable physiological monitor with flexible elbows and legs in the same configuration as required by the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Vosch (US 2015/0022372) discloses an ECG recorder.
Felix (US 2015/0082623) disclose a wearable physiological electrode assembly.
Hayes-Gill (US 2016/0262649) discloses an abdominal electrophysiological sensor.
Li (US 2016/0317057) discloses an attachable sensor with flexible legs.
Spencer (US 2017/0095177) discloses an electrode patch.
Galgalikar (USPN 11,058,314) discloses an electrode recording system.
Abercrombie (US 2022/0039720) disclose a wearable device with a flexible bridge portion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Amanda K Hulbert whose telephone number is (571)270-1912. The examiner can normally be reached Monday - Friday 9:00-5:00.
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/Amanda K Hulbert/ Primary Examiner, Art Unit 3792
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