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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/22/2026 has been entered.
Response to Arguments
Applicant’s arguments, see pages 9-17, filed 05/22/2026, with respect to prior art rejections have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The previously-held 35 U.S.C. 102 and 103 rejections have been obviated by Applicant’s amendments to the claims. Specifically, Applicant has amended independent claims 1 and 7 to add the limitation “a unitary ring body”. Examiner wishes to note that Li (US 2018/0020977) does teach (Figs. 3c-d) that a rigid ECG sensor 100 can also be provided within the spirit and scope of the invention, such as for instance the rings 100 of FIGS. 3(c)-(d) that do not have a connector and do not convert from a circular ring into a linear patch (Par. [0078]). However, as Applicant points out, Li’s Provisional App. No. 62/117,679 does not provide support for this teaching. Li’s Provisional only provides support for the “rolled into a ring format”, as Applicant points out in their arguments. Since Li’s Provisional does not provide ample support, Li is disqualified as prior art for the instant claims since the Provisional’s filing date was relied upon. Therefore, the previous prior art rejections over Li have been obviated and withdrawn due to Applicant’s amendment. However, new prior art rejections are made hereinbelow. Please see 35 U.S.C. 102 and 103 rejections below.
Claim Objections
Claim 1 objected to because of the following informalities:
Line 17: “a mobile computing device wireless communications device” should potentially be changed to “a mobile computing wireless communications device”. The additional recitation of “device” appears to be redundant.
Appropriate correction is required.
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.
(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, 4-5, and 21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chou, et al. (US 2018/0020937).
Regarding claim 1, Chou teaches (Fig. 1A) a cardiac monitoring system (Title; Abstract; Par. [0060] – ECG measurement device is carried by the finger-worn structure) comprising:
(Fig. 1A) a wearable band configured to be worn around a finger of a person (Par. [0060] – ECG measurement device is carried by the finger-worn structure); and
a mobile computing device paired with the wearable band via wireless communication (Par. [0046] – Besides, the information providing unit can be configured to output the information to an external device via a wired transmission module or a wireless transmission module, so as to employ the external device to provide the user the information. Here, the external device can be, but not limited, a personal computer, a smart phone, a tablet, a smart watch, or any device which can be used to provide the information to the user, without limitation), wherein the wearable band comprises:
(Fig. 1A) a unitary ring body (Par. [0060]);
(Fig. 1A, # 10 – first electrode; Fig. 2A) a first electrode adapted to detect a first cardiovascular signal from the finger (e.g., Par. [0061] – The first electrode is configured to locate on a surface of the device where will contact the skin of the finger while the user wears the finger-worn structure; Par. [0062-0063]);
(Fig. 1A, # 12; Fig. 2A) a second electrode adapted to detect a second cardiovascular signal from a second body part of the person, on which the wearable band is not worn, when the second body part is touched against the second electrode (Par. [0061] – The second electrode is configured to at least locate on another surface of the device where will not contact the skin of the finger; Par. [0062]; Par. [0063] – For example, it can be implemented as the other hand touches the second electrode, as shown in FIG. 2A);
a wearable band processor adapted to generate a measured data set that represents one or more measured physiological properties of the person based, at least in part, on one or both of the first cardiovascular signal and the second cardiovascular signal (Par. [0043] – The wearable electrocardiographic (ECG) measurement device according to the present invention includes a circuitry, a wearable structure, a first electrode and a second electrode, and an information providing unit, wherein the circuitry includes a processor for controlling the operation of the device, e.g., to acquire electrocardiograms via the first electrode and the second electrode); and
a wearable band wireless communications device adapted to transmit the measured data set to the mobile computing device (Par. [0043] – information providing unit; Par. [0046] – the information providing unit can be configured to output the information to an external device via a wired transmission module or a wireless transmission module [i.e., wireless band wireless communications device], so as to employ the external device to provide the user the information),
wherein the mobile computing device comprises:
a mobile computing device processor (Par. [0046]; Par. [0134] – Alternatively, the information providing unit also can be configured to output the stored ECG signals and/or data to an external device, e.g., mobile phone, tablet, so that the external device can perform a real time display and/or analysis.; Par. [0159] – Alternatively, the electrocardiogram can be transmitted to an external device in real time, such as, smart phone or tablet, for storage and/or analysis, or for storage first and analysis later, for example, to download to a personal computer for analysis; It is noted that the mobile computing device necessarily includes a mobile computing device processor in order to perform analysis);
a mobile computing device wireless communications device adapted to receive the measured data set from the wearable band (e.g., Par. [0046] – the information providing unit can be configured to output the information to an external device via a wired transmission module or a wireless transmission module, so as to employ the external device to provide the user the information; It is noted that the mobile computing device necessarily includes a mobile computing device wireless communications device in order to receive the measured data); and
memory storing instructions executable by the mobile computing device processor to:
produce a physiological diagnosis that is based, at least in part, on the measured data set by one or both of:
analyzing the measured data set to generate the physiological diagnosis; and
(ii) transmitting the measured data set to a cloud based server that generates the physiological diagnosis and receiving the physiological diagnosis from the cloud based server (Par. [0046]; Par. [0134] – Alternatively, the information providing unit also can be configured to output the stored ECG signals and/or data to an external device, e.g., mobile phone, tablet, so that the external device can perform a real time display and/or analysis.; Par. [0159] – Alternatively, the electrocardiogram can be transmitted to an external device in real time, such as, smart phone or tablet, for storage and/or analysis, or for storage first and analysis later, for example, to download to a personal computer for analysis); and
send a message to a predetermined recipient responsive to the physiological diagnosis indicating a cardiac abnormality (Par. [0159] – Here, the electrocardiogram can be directly analyzed to know if arrhythmia occurs and to notify the user the result. Alternatively, the electrocardiogram can be transmitted to an external device in real time, such as, smart phone or tablet, for storage and/or analysis, or for storage first and analysis later, for example, to download to a personal computer for analysis).
Therefore, claim 1 is unpatentable over Chou, et al.
Regarding claim 4, Chou teaches the cardiac monitoring system of claim 1, wherein (Figs. 1 and 2a, # 10 and 12) the one or more measured physiological properties comprise an EKG signal detected by one or both of the first electrode and the second electrode, wherein the measured data set comprises an EKG data set that is based, at least in part, on the EKG signal (Par. [0050]), wherein the memory stores instructions executable by the mobile computing device processor to assess the EKG data to determine if the EKG data is abnormal and to send the message responsive to determining that the EKG data is abnormal (e.g., Par. [0159] – After receiving the notification, the user just needs to simply contact the second electrode to complete the loop for acquiring ECG signals, so that the electrocardiograms of possible arrhythmia event can be acquired immediately. Here, the electrocardiogram can be directly analyzed to know if arrhythmia occurs and to notify the user the result. Alternatively, the electrocardiogram can be transmitted to an external device in real time, such as, smart phone or tablet, for storage and/or analysis, or for storage first and analysis later, for example, to download to a personal computer for analysis.).
Therefore, claim 4 is unpatentable over Chou, et al.
Regarding claim 5, Chou teaches the cardiac monitoring system of claim 1, wherein (Fig. 1A) the wearable band further comprises one or more physiological sensors, each configured to detect a respective physiological signal from the finger, wherein the one or more measured physiological properties are based, at least in part, on the respective physiological signal detected by at least one of the one or more physiological sensors (Pars. [0155-0156] – Here, the optical sensor means the sensor having light emitting element and light receiving element and acquiring optical signals based PPG (photoplethysmography) principle, such as, via transmission or reflectance manner. The optical sensor also can be mounted on user's body via the wearable structure. For example, the optical sensor can be located on the surface for positioning the first electrode, for being mounted on the user's body, e.g., finger, ear and around ear, wrist, or head etc., together with the first electrode), and wherein the one or more physiological sensors comprise one or more of a heart rate sensor (Par. [0157] – The optical sensor is used to detect the pulses generated by heart beats, and through the continuous pulse variations, it will be able to obtain the heart beat sequence for further analysis), a pulse oximetry sensor, a galvanic skin sensor, and a multi- axis accelerometer.
Therefore, claim 5 is unpatentable over Chou, et al.
Regarding claim 21, Chou teaches the cardiac monitoring system of claim 1, wherein the memory stores instructions executable by the mobile computing device processor to automatically send the message to the predetermined recipient responsive to the physiological diagnosis indicating the cardiac abnormality without input from the person (Par. [0159] – Here, the electrocardiogram can be directly analyzed to know if arrhythmia occurs and to notify the user the result. Alternatively, the electrocardiogram can be transmitted to an external device in real time, such as, smart phone or tablet, for storage and/or analysis, or for storage first and analysis later, for example, to download to a personal computer for analysis.).
Therefore, claim 21 is unpatentable over Chou, et al.
Claim Rejections - 35 USC § 103
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 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 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Chou, et al. (US 2018/0020937), in view of Tran, et al. (US 2012/0242501).
Regarding claim 2, Chou teaches the cardiac monitoring system of claim 1, as indicated hereinabove. Chou does teach that the electrocardiogram can be directly analyzed to know if arrhythmia occurs and to notify the user the result (Par. [0159]). Chou teaches that the electrocardiogram can be transmitted to an external device in real time, such as, smart phone or tablet, for storage and/or analysis, or for storage first and analysis later, for example, to download to a personal computer for analysis (Par. [0159]). Chou also teaches that arrhythmia always occurs without warning, so that through this kind of wearable ECG measurement device, it is helpful to record the electrocardiogram during arrhythmia in real time or the electrocardiogram when the users feels heart problem, thereby facilitating the doctor to diagnose the syndrome (Par. [0127]). Presumably, one of ordinary skill in the art would glean that a doctor is receiving a message responsive to the physiological diagnosis indicating a cardiac abnormality. However, Chou does not explicitly teach this limitation of instant claim 2, that is wherein the predetermined recipient comprises one or more of a designated healthcare provider, a designated emergency services provider, a designated personal contact, and a designated emergency contact.
Tran, directed to analogous art, teaches a heart monitoring system for a person that includes one or more wireless nodes and a wearable appliance in communication with the one or more wireless nodes (Abstract). Tran also teaches (Fig. 8) a ring embodiment for the wearable appliance for monitoring physiological signals (Par. [0357]). Tran also teaches the limitation of instant claim 2, that is wherein the predetermined recipient comprises one or more of a designated healthcare provider, a designated emergency services provider, a designated personal contact, and a designated emergency contact (Pars. [0282-0283] – For example, an instant message or email can be sent out as an `alert` in response to blood pressure indicating a medical condition that requires immediate attention. Alternatively, the message could be sent out when a data parameter (e.g. systolic blood pressure) exceeds a predetermined value. In some cases, multiple parameters (e.g., fall detection, positioning data, and blood pressure) can be analyzed simultaneously to generate an alert message. In general, an alert message can be sent out after analyzing one or more data parameters using any type of algorithm … In one embodiment, if the wearable appliance detects that the patient needs help, or if the patient decides help is needed, the system can call his or her primary care physician).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have implemented Tran’s feature of the predetermined recipient being a designated healthcare provider, such as a primary care physician, into Chou’s system because doing so would be an example of applying a known technique to a known system ready for improvement to yield predictable results. For instance, Chou already discusses arrythmia detection to facilitate the doctor to diagnose the syndrome (Par. [0127] of Chou), sending notifications (Par. [0159]), and transmitting the ECG to an external device in real time (Par. [0159] of Chou). One of ordinary skill in the art would have desired a doctor to receive such a notification of an abnormality in order to provide more immediate care to the patient.
Therefore, claim 2 is unpatentable over Chou, et al. and Tran, et al.
Regarding claim 3, Chou teaches the cardiac monitoring system of claim 1, as indicated hereinabove. Chou does teach that the electrocardiogram can be directly analyzed to know if arrhythmia occurs and to notify the user the result (Par. [0159]). Chou teaches that the electrocardiogram can be transmitted to an external device in real time, such as, smart phone or tablet, for storage and/or analysis, or for storage first and analysis later, for example, to download to a personal computer for analysis (Par. [0159]). Chou also teaches that arrhythmia always occurs without warning, so that through this kind of wearable ECG measurement device, it is helpful to record the electrocardiogram during arrhythmia in real time or the electrocardiogram when the users feels heart problem, thereby facilitating the doctor to diagnose the syndrome (Par. [0127]). However, Chou does not explicitly teach the limitation of instant claim 3, that is wherein the memory stores instructions executable by the mobile computing device processor to send the message to the predetermined recipient via one or both of a text message and a phone notification.
Tran, directed to analogous art, teaches a heart monitoring system for a person that includes one or more wireless nodes and a wearable appliance in communication with the one or more wireless nodes (Abstract). Tran also teaches (Fig. 8) a ring embodiment for the wearable appliance for monitoring physiological signals (Par. [0357]). Tran also teaches the limitation of instant claim 3, that is wherein (Fig. 1A, # 20, 101, 210) the memory stores instructions executable by the mobile computing device processor to send the message to the predetermined recipient via one or both of a text message and a phone notification (Par. [0241]; Par. [0276]; Pars. [0282-0283] – For example, an instant message or email can be sent out as an `alert` in response to blood pressure indicating a medical condition that requires immediate attention. Alternatively, the message could be sent out when a data parameter (e.g. systolic blood pressure) exceeds a predetermined value. In some cases, multiple parameters (e.g., fall detection, positioning data, and blood pressure) can be analyzed simultaneously to generate an alert message. In general, an alert message can be sent out after analyzing one or more data parameters using any type of algorithm … In one embodiment, if the wearable appliance detects that the patient needs help, or if the patient decides help is needed, the system can call his or her primary care physician).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have implemented Tran’s feature of sending the message via text message or phone notification into Chou’s system, because doing so would be an example of applying a known technique to a known system ready for improvement to yield predictable results. One of ordinary skill in the art would have recognized Chou’s teaching of smart phones to transmit ECG data (see Par. [0159] of Chou) and sending notifications (Par. [0159] of Chou). One of ordinary skill in the art would have desired implementing sending the message to the predetermined recipient (e.g., a doctor) via a text message or phone notification in order to utilize personal mobile devices and to more seamlessly and immediately notify of an abnormality of the user.
Therefore, claim 3 is unpatentable over Chou, et al. and Tran, et al.
Claims 6 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Chou, et al. (US 2018/0020937) in view of Workman, et al. (US 2016/0066827).
Regarding claim 6, Chou teaches the cardiac monitoring system of claim 5, wherein the one or more measured physiological properties comprise:
a heart rate of the person (Par. [0157] – The optical sensor is used to detect the pulses generated by heart beats, and through the continuous pulse variations, it will be able to obtain the heart beat sequence for further analysis); and
one or more contextual metrics measured by the one or more physiological sensors (Par. [0157] – The optical sensor is used to detect the pulses generated by heart beats, and through the continuous pulse variations, it will be able to obtain the heart beat sequence for further analysis; Par. [0161] – blood pressure). Chou does not explicitly teach the limitation of instant claim 6, that is wherein the one or more contextual metrics comprise one or more of a measured blood oxygen level, a measured motion of the person, and a measured acceleration of the person, and
wherein the memory stores instructions executable by the mobile computing device processor to send the message responsive to the physiological diagnosis indicating an abnormal correspondence between the heart rate and the one or more contextual metrics.
Workman, directed to analogous art, teaches a pulse oximetry ring (Title; Abstract). Workman teaches the limitation of instant claim 6, that is wherein the one or more contextual metrics comprise one or more of a measured blood oxygen level, a measured motion of the person, and a measured acceleration of the person (Par. [0008] – The ring device can provide the user with various biometrics (e.g., heart rate, blood oxygen level, skin temperature, etc.) and various health measures (e.g., fall detection, sleep pattern recognition, movement tracking, etc.); Par. [0016]; Par. [0028]; Par. [0032] – the ring may be configured such that it has an accelerometer and/or gyroscope), and
wherein the memory stores instructions executable by the mobile computing device processor to send the message responsive to the physiological diagnosis indicating an abnormal correspondence between the heart rate and the one or more contextual metrics (Par. [0009] – A wireless transmitter can also be in communication with the processing unit. The wireless transmitter can be configured to transmit the processed health readings to a base station. The base station can produce an alert if the processed health readings indicate a health trend that falls outside of a particular threshold; Par. [0043] – Additionally, in at least one implementation, the ring device, the base station, an associated smart device, or some other device may provide real-time alerts based upon received readings. In particular, real time alerts can be incorporated everywhere from the ring itself, the server, the app and any other hardware possibly incorporated in the unit. If a person's biometric or activity levels are out of range and instant alert or notification can be given not only to the person or patient but also to caregivers, family and friends).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have implemented Workman’s ring features of simultaneously measuring heart rate, blood oxygen levels, and acceleration/motion of the user and to send a message based on an abnormal correspondence between measurements into Chou’s device, because doing so would be an example of applying a known technique to a known device ready for improvement to yield predictable results. As explained, Chou’s ring device already includes an optical sensor to detect heart rate and blood pressure measurements (see Pars. [0157] and [0161]). One of ordinary skill in the art would have desired implementing the feature of Chou’s optical sensor measuring other contextual metrics in order to allow the ring system the ability to look for correlations and use cross analytics to build a more predictive health model for each patient (see Par. [0045] of Workman).
Therefore, claim 6 is unpatentable over Chou, et al. and Workman, et al.
Regarding claim 22, Chou teaches the cardiac monitoring system of claim 1, as indicated hereinabove. Chou does not explicitly teach the limitation of instant claim 22, that is wherein the memory further stores instructions executable by the mobile computing device processor to: determine whether a response to the message is acknowledged; and responsive to no response being acknowledged, one or both of:(i) re-sending the message to the predetermined recipient; and (ii) sending a message to a secondary predetermined recipient.
Workman, directed to analogous art, teaches a pulse oximetry ring (Title; Abstract). Workman teaches the limitation of instant claim 22, that is wherein (Fig. 4) the memory further stores instructions executable by the mobile computing device processor to: determine whether a response to the message is acknowledged; and responsive to no response being acknowledged, one or both of:(i) re-sending the message to the predetermined recipient; and (ii) sending a message to a secondary predetermined recipient (Par. [0052] – In at least one implementation, this alarm may comprise an escalation process (block g−3). In particular, if the software does not detect a response to the alarm, the software can alert third parties, such as emergency responders or other designated individuals or devices).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have implemented Workman’s feature of determining whether a response to a message is acknowledged and sending a message to a secondary predetermined recipient into Chou’s system, because doing so would be an example of using a known technique to improve similar devices in the same way. One of ordinary skill in the art would have desired implementing such an escalation process in order to ensure that the message is sent to a recipient who can help the patient.
Therefore, claim 22 is unpatentable over Chou, et al. and Workman, et al.
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Chou, et al. (US 2018/0020937) in view of Justice, et al. (US 2015/0342522 – previously cited).
Regarding claim 7, Chou teaches (Fig. 1A) a wearable band (Par. [0022]; Par. [0060] – ECG measurement device is carried by the finger-worn structure) comprising:
(Fig. 1A) a frame configured to be worn around a finger of a person, the frame having unitary ring body, an inner surface that faces the finger, and an outer surface that faces away from the finger (Pars. [0022] and [0060-0061]);
(Fig. 1A, # 10 – first electrode; Fig. 2A) a first electrode on the inner surface of the frame, the first electrode adapted to detect a first cardiovascular signal from the finger (e.g., Par. [0061] – The first electrode is configured to locate on a surface of the device where will contact the skin of the finger while the user wears the finger-worn structure; Par. [0062-0063]);
(Fig. 1A, # 12; Fig. 2A) a second electrode on the outer surface of the frame, the second electrode adapted to detect a second cardiovascular signal from a second body part of the person, on which the wearable band is not worn, when the second body part is touched against the second electrode (Par. [0061] – The second electrode is configured to at least locate on another surface of the device where will not contact the skin of the finger; Par. [0062]; Par. [0063] – For example, it can be implemented as the other hand touches the second electrode, as shown in FIG. 2A);
a processor (Par. [0043] – The wearable electrocardiographic (ECG) measurement device according to the present invention includes a circuitry, a wearable structure, a first electrode and a second electrode, and an information providing unit, wherein the circuitry includes a processor for controlling the operation of the device, e.g., to acquire electrocardiograms via the first electrode and the second electrode);
a wireless communications device (Par. [0043] – information providing unit; Par. [0046] – the information providing unit can be configured to output the information to an external device via a wired transmission module or a wireless transmission module [i.e., wireless band wireless communications device], so as to employ the external device to provide the user the information); and
memory storing instructions executable by the processor to:
record one or more measured physiological properties of the person based, at least in part, on one or both of the first cardiovascular signal and the second cardiovascular signal (Par. [0043] – The wearable electrocardiographic (ECG) measurement device according to the present invention includes a circuitry, a wearable structure, a first electrode and a second electrode, and an information providing unit, wherein the circuitry includes a processor for controlling the operation of the device, e.g., to acquire electrocardiograms via the first electrode and the second electrode);
generate a measured data set based, at least in part, on the one or more measured physiological properties (e.g., Par. [0046] – the information providing unit can be configured to output the information to an external device via a wired transmission module or a wireless transmission module, so as to employ the external device to provide the user the information); and
transmit the measured data set to a mobile computing device via the wireless communications device (Par. [0046]; Par. [0134] – Alternatively, the information providing unit also can be configured to output the stored ECG signals and/or data to an external device, e.g., mobile phone, tablet, so that the external device can perform a real time display and/or analysis.; Par. [0159] – Alternatively, the electrocardiogram can be transmitted to an external device in real time, such as, smart phone or tablet, for storage and/or analysis, or for storage first and analysis later, for example, to download to a personal computer for analysis). However, Chou does not teach the limitation of instant claim 7, that is wherein the first electrode is comprising a plurality of spaced-apart bumps.
Justice is directed to analogous art, and teaches a sensory-and-logic system that includes a ring-shaped, electrically-conductive skin sensor sized and shaped to form an electrical connection with human skin (Title, Abstract). Justice also teaches the limitation of instant claim 7, that is wherein (Fig. 1A, # 44A; Fig. 2, # 202) the first electrode is comprising a plurality of spaced-apart bumps (Par. [0022] – First contact sensor module 44A includes a first ring-shaped, electrically conductive skin sensor 202, sized and shaped to contact human skin, surrounding optical pulse rate sensor 46; Par. [0023] – First skin sensor 202 comprises an electrode. Further, in some examples, the outward surface of first skin sensor 202 may include a plurality of protrusions (i.e., bumps) and/or a rough finish in order to promote contact with a wearer’s skin; Par. [0027]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have implemented the protrusions (i.e., bumps) on the electrodes used in Justice’s wearable biometric monitoring device into the electrodes of Chou’s device, because doing so would be an example of using a known technique to improve similar devices in the same way. One of ordinary skill in the art would have desired protrusions on the electrode/skin sensor in order to promote contact with a wearer’s skin (see at least Par. [0023] of Justice).
Therefore, claim 7 is unpatentable over Chou, et al. and Justice, et al.
Regarding claim 8, Chou, in view of Justice, renders obvious the wearable band of claim 7, as indicated hereinabove. Chou also teaches the limitation of instant claim 8, that is wherein (Figs. 1 and 2a, # 10 and 12) the one or more measured physiological properties comprise an EKG signal detected by one or both of the first electrode and the second electrode, and wherein the measured data set comprises an EKG data set (Par. [0050] - … Through this design, the user can conveniently and easily perform the ECG measurement at any time).
Therefore, claim 8 is unpatentable over Chou, et al. and Justice, et al.
Regarding claim 9, Chou, in view of Justice, renders obvious the wearable band of claim 7, as indicated hereinabove. Chou also teaches the limitation of instant claim 9, that is wherein the wearable band is further comprising (Fig. 1A) one or more physiological sensors, each configured to detect a respective physiological signal from the finger, wherein the one or more measured physiological properties are based, at least in part, on the respective physiological signal detected by at least one of the one or more physiological sensors (Pars. [0155-0156] – Here, the optical sensor means the sensor having light emitting element and light receiving element and acquiring optical signals based PPG (photoplethysmography) principle, such as, via transmission or reflectance manner. The optical sensor also can be mounted on user's body via the wearable structure. For example, the optical sensor can be located on the surface for positioning the first electrode, for being mounted on the user's body, e.g., finger, ear and around ear, wrist, or head etc., together with the first electrode), and wherein the one or more physiological sensors comprise one or more of a heart rate sensor (Par. [0157] – The optical sensor is used to detect the pulses generated by heart beats, and through the continuous pulse variations, it will be able to obtain the heart beat sequence for further analysis), a pulse oximetry sensor, a galvanic skin sensor, and a multi-axis accelerometer.
Therefore, claim 9 is unpatentable over Chou, et al. and Justice, et al.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Chou, et al. (US 2018/0020937) and Justice, et al. (US 2015/0342522), further in view of Chan, et al. (US 2010/0076331).
Regarding claim 10, Chou, in view of Justice, renders obvious the wearable band of claim 7, as indicated hereinabove. Chou does not explicitly teach the limitation of instant claim 10, that is wherein the wearable band is further comprising a third electrode on the outer surface of the frame, generally opposite from the second electrode, the third electrode adapted to detect a third cardiovascular signal from an EKG lead location on the person's body apart from the finger and the second body part while EKG signals are obtained using each of the first, second, and third electrodes.
Chan, directed to analogous art, teaches a wristwatch worn by a user for measuring three-lead ECG (Title; Abstract). Chan also teaches the limitation of instant claim 10, that is wherein the wearable band is further comprising (Fig. 1A, # 4 – electrode, i.e. second electrode, 12; Fig. 2, # 5 – electrode, i.e. third electrode) a third electrode on the outer surface of the frame, generally opposite from the second electrode (Par. [0016] – An electrode panel 12 comprising the electrode 4 on the front-side 2 of the watch; Par. [0017] – Referring to FIG. 2, an electrode 5 is placed on the outer side of the strap 11 of the watch for making connection with the left leg or abdomen to form electrical loops for three-lead ECG measurement), (Figs. 1B and 2, # 3 – electrode, i.e. first electrode; Figs. 3A-B) the third electrode adapted to detect a third cardiovascular signal from an EKG lead location on the person's body apart from the finger and the second body part while EKG signals are obtained using each of the first, second, and third electrodes (Par. [0017] – Referring to FIG. 2, an electrode 5 is placed on the outer side of the strap 11 of the watch for making connection with the left leg or abdomen to form electrical loops for three-lead ECG measurement; Par. [0018] – Referring to FIGS. 3A to 3D, one of the methods according to the invention for measuring three-lead ECG is illustrated. The watch 25 is worn tightly on one hand 22 (FIG. 3A). In FIG. 3B, one finger 23 from the other hand 21 presses on the sensing elements 6 and another finger 24 from the other hand 21 presses on the electrode 4 on the front 2 of the watch simultaneously. At the same time, the electrode 5 (as shown in FIG. 2) on the strap 11 of the watch 25 contacts the skin in the wearer's abdominal area to form a triangle electrical loop).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have implemented Chan’s teaching of a third electrode on a wearable band into Chou’s wearable band because doing so would be an example of applying a known technique to a known device ready for improvement to yield predictable results. Although Chou does not teach the specific third electrode location on the outer surface of the frame, Chou does teach the benefits of a third electrode (see Pars. [0100-0102] of Chou). For instance, Chou explains that the third electrode provides another choice to obtain an ECG in a more stable way and facilitates higher quality ECG signals (see Par. [0101] of Chou). One of ordinary skill in the art would have further desired implementing Chan’s third electrode into Chou’s wearable band because doing so would allow Chou’s device to measure a three-lead ECG, which is considered the standard for ECG measurement in hospitals which provides more detailed information (see Pars. [0004-0005] of Chan).
Therefore, claim 10 is unpatentable over Chou, et al., Justice, et al., and Chan, et al.
Conclusion
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/MICHAEL T. HOLTZCLAW/Primary Examiner, Art Unit 3796
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