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 .
Response to Amendment
This action is in response to the remarks filed on 9/10/2025.
The amendments filed on 9/10/2025 have been entered. Accordingly claims 1-15 remain pending.
The objections to the claim 12 have been withdrawn in light of the amendments and the applicant’s remarks.
The rejections of claim 5 under35 USC 112 have been withdrawn in light of the amendments and the applicant’s remarks.
Claim Interpretation
Claims 4, 5, recite the newly amended limitation of “when” (in claim 1) and, “if” (as in e.g., claim 4 “if an increase in a level of the ambient light” along with claim 5) which in an interpretation it may be construed as a conditional limitation where the limitations followed by the conditional limitations may not be given a full weight in light of the below decisions as for considering the other case scenario of “if an increase in a level of the ambient light” not being “an increase”.
In the recent Ex parte Gopalan decision, the PTAB addressed a claim where all of the features were recited in a conditional manner. A first step of “identifying … an outlier” was performed if “traffic is outside of a prediction interval.” A second step of “identifying” was performed “only when a count of outliers … is greater than or equal to two, and exceeds an anomaly threshold.” These were the only two elements of the independent claim. Thus, if the traffic is never outside Gopalan’s prediction interval, then the steps of the method are never performed.
However, the PTAB distinguished Schulhauser and noted that this construction “would render the entire claim meaningless.” Gopalan at p. 5. The Board went on to state, “Although each of these steps is conditional, they are integrated into one method or path and do not cause the claim to diverge into two methods or paths, as in Schulhauser. Thus, we conclude that the broadest reasonable interpretation of claim 1 requires the performance of both steps…” Id. at p. 6.”
Claim Objections
Claims 6, 8 and 13 are objected to because of the following informalities:
Claims 6, 8 and 13 recite the limitation of “and/or” which should rather be either “and” or “or” to prevent any possible ambiguity due to the interpretation.
Appropriate correction is required.
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 1-15 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.
Claims 1 and 12 recites the limitation of “spacer is configured for… height being automatically changed from a first height (T1) to a second height (T2)” which is still not clear how or what makes the spacer “height being automatically changed”. In other words, it is not clear how is it automated what causes the height to change or what is the component that performs the automatically height changing.
Claim 6 also recites similar limitations as claim 1 which is also rejected at least for the same reasons.
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 1, 6-10 and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (US20200205726) in view of Ali et al (US20210290120) and Geng (CN 108814578 A).
Regarding the claims 1 and 12 (as the claim best understood in light of the 35 USC 112 rejections above), Lee teaches a sleep tracker wearable device and a method with ambient light detection when worn by a user (Electronic device and method for determining sleep-related information, title), comprising:
an optical unit having an optical sensor with a sensor surface, wherein the sensor surface is configured for receiving optical signals from a skin surface of the user (“illumination sensor 240K may be used to measure illumination in an environment in which the electronic device 101 is located. The illumination sensor 240K may receive light in order to measure illumination in an environment in which the electronic device 101 is located. For example, the illumination sensor 240K may be configured to be included in the top face 401 a or exposed to the top face 401 a to receive light” [0078]), and
optical signals including ambient light (“measure illumination in an environment in which the electronic device 101 is located.” [0078]);
a controller coupled to the optical unit (“processor 210, for example, can control a plurality of hardware or software components connected to the processor 210 by executing an OS or an application program, and process various data and operations. ” [0053]),
wherein the controller is configured for controlling at least one sleep related measurement modality of the sleep tracker wearable device based on the optical signals from the skin surface (“the communication module 220 may receive a signal from a wearable device which the user is wearing…signal may include information for changing the mode of the external electronic device into a mode related to the sleep of the user.” [0129]), wherein the controller is configured for detecting background lighting conditions based on the optical signals including ambient light (“the illumination sensor 240K may receive light of the environment 410 or light of the designated area 420 through a light-receiving unit” [0130]).
Although it is known that wrist watches have a spacer configured for being disposed between the sensor surface and the skin surface of the user during operation in order to allow the light to illuminate the object, and wherein the spacer has an adjustable height for providing a given contact pressure, separation distance, or a combination of contact pressure and separation distance between the skin surface and sensor surface as a function of the adjustable height of the spacer.
However, Ali, who is in the same field of endeavor, is brought in to show the spacer and its functionality.
Ali, just as Lee, teaches a wearable health monitoring device can include a physiological parameter measurement sensor or module configured to be in contact with a wearer's skin when the device is worn by the wearer on the wrist (abst). desired tightness and/or pressure of the device on the body can be indicated by the skin interfacing with the wearable device moving with the device when the device is moved. If there is insufficient tightness and/or pressure of the device on the body of the wearer, ambient light entering the device-skin interface can result in noises in the signals detected by the detectors, and therefore inaccurate measurements made by the device [0352].
Ali further teaches physiological parameter measurement module 100 and the wearer's skin at the measurement site can be reduced by the design of the light transmissive cover 102. As shown in FIG. 1F, a cover 102 of the physiological parameter measurement module 100 can include a convex curvature or convex protrusion on its skin-interfacing cover 102. As will be described in greater detail below, the curvature of the cover 102 of the sensor or module 100, which can include a plurality of lenses or covers or a single lens or cover, can be discontinuous or continuous [0204].
As shown in FIG. 1F, when the device 10 is worn by the wearer, the convex cover 102 can be pressed onto the skin and the tissue 2 of the wearer can conform around the convex curvature. The contact between the convex cover 102 and the tissue 2 of the wearer can leave no air gaps between the tissue 2 and the convex cover 102. And as the emitters and/or detectors can be surrounded by a light-diffusing material (as will be described below), the physiological parameter measurement module 100 may leave no air gap between the tissue 2 and any of the emitters and/or detectors. Optionally, certain portion(s) of the cover 102 can protrude more into the skin than the remainder of the cover. The pressure exerted by the curvature of the cover 102 on the skin and/or the absence of air gap can increase a light illuminated and/or detection area, improve the optical coupling of the emitted light and the blood vessels and/or of the reflected light and the detectors, reduce light piping, and/or reduce stagnation of the blood. The cover curvature can be configured so as to balance the pressure needed to improve contact between the cover 102 and the skin, and the comfort of the wearer [0205].
Further Ali also teaches various height (thickness) of the spacers in [0278]-[0329] which makes the spacer having adjustable height.
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with spacer having adjustable height as taught by Ali because to improve signal strength and reduce noise (abst of Ali).
The above noted combination teaches all the claimed limitations except for height being automatically changed from a first height (T1) to a second height (T2) greater than the first height and (ii) the height is automatically changed to the first height (T1).
Furthermore, in the same field of endeavor, Geng also teaches wearable devices, the second face including the first face for display and skin of being close to the users, it further includes heart rate module, spacing module and the drive module for being movably disposed in second face [i.e., height adjuster], wherein, the drive module is connected to the heart rate module, and the heart rate module and second face is driven to make relative telescoping movement [i.e., the function of adjusting the height]. The spacing module detects the distance between second face and user's skin, and when the distance is when except a threshold range, the drive module drives the heart rate module to move to user's skin direction, and the heart rate detection module carries out heart rate measurement, improves the accuracy of heart rate measurement (abst; also see figs. 2-3 and the associated sections for the spacer to adjust height for providing a given contact pressure, separation distance, or a combination of contact pressure and separation distance between the skin surface and sensor surface as a function of the adjustable height of the spacer).
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with adjustable height of the spacer as taught by Geng because it improves the accuracy of heart rate measurement (abst of Geng).
Regarding the claim 6 (as the claim best understood in light of the 35 USC 112 rejections above), the above noted combination teaches all the claimed limitation except for wherein a contact pressure between the sensor surface and the skin surface is lower and/or separation distance is higher which results in the sensor surface receiving more ambient light and, wherein the contact pressure between the sensor surface and the skin surface is higher and/or separation distance is lower which results in the sensor surface receiving less ambient light.
Furthermore, in the same field of endeavor, Geng also teaches wearable devices, the second face including the first face for display and skin of being close to the users, it further includes heart rate module, spacing module and the drive module for being movably disposed in second face, wherein, the drive module is connected to the heart rate module, and the heart rate module and second face is driven to make relative telescoping movement. The spacing module detects the distance between second face and user's skin, and when the distance is when except a threshold range, the drive module drives the heart rate module to move to user's skin direction, and the heart rate detection module carries out heart rate measurement, improves the accuracy of heart rate measurement (abst; also see figs. 2-3 and the associated sections for the spacer to adjust height for providing a given contact pressure, separation distance, or a combination of contact pressure and separation distance between the skin surface and sensor surface as a function of the adjustable height of the spacer).
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with adjustable height of the spacer as taught by Geng because it improves the accuracy of heart rate measurement (abst of Geng).
Regarding the claim 7 (as the claim best understood in light of the 35 USC 112 rejections above), the above noted combination teaches all the claimed limitation except for spacer comprises one selected from the group consisting of (i) a spring-loaded spacer geometry, (ii) a manually activated spacer geometry, and (iii) a spacer geometry coupled to a manual sleep intent marker.
Furthermore, in the same field of endeavor, Geng also teaches wearable devices, the second face including the first face for display and skin of being close to the users, it further includes heart rate module, spacing module and the drive module for being movably disposed in second face, wherein, the drive module is connected to the heart rate module, and the heart rate module and second face is driven to make relative telescoping movement. The spacing module detects the distance between second face and user's skin, and when the distance is when except a threshold range, the drive module drives the heart rate module to move to user's skin direction, and the heart rate detection module carries out heart rate measurement, improves the accuracy of heart rate measurement (abst; also see figs. 2-3 and the associated sections for the spacer to adjust height for providing a given contact pressure, separation distance, or a combination of contact pressure and separation distance between the skin surface and sensor surface as a function of the adjustable height of the spacer).
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with activated spacer geometry as taught by Geng because it improves the accuracy of heart rate measurement (abst of Geng).
Regarding the claim 8 (as the claim best understood in light of the 35 USC 112 rejections above), the above noted combination teaches all the claimed limitation except for actuator configured to adjust a thickness of the spacer.
Furthermore, in the same field of endeavor, Geng also teaches wearable devices, the second face including the first face for display and skin of being close to the users, it further includes heart rate module, spacing module and the drive module for being movably disposed in second face, wherein, the drive module is connected to the heart rate module, and the heart rate module and second face is driven to make relative telescoping movement. The spacing module detects the distance between second face and user's skin, and when the distance is when except a threshold range, the drive module drives the heart rate module to move to user's skin direction, and the heart rate detection module carries out heart rate measurement, improves the accuracy of heart rate measurement (abst; also see figs. 2-3 and the associated sections for the spacer to adjust height for providing a given contact pressure, separation distance, or a combination of contact pressure and separation distance between the skin surface and sensor surface as a function of the adjustable height of the spacer).
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with actuator configured to adjust a thickness of the spaceras taught by Geng because it improves the accuracy of heart rate measurement (abst of Geng).
Regarding the claims 9 and 14, Lee teaches a position sensor configured to provide information on an angular orientation of the sleep tracker wearable device, wherein the controller is further configured for correcting the optical signals including ambient light based on the angular orientation information (“As shown in FIG. 7A, the device 100 can include a gyroscope 112, an accelerometer 114, and/or other position and/or posture detection sensor(s)” [0227]).
Regarding the claims 10 and 15, Lee teaches distinguishing between
(i) short-term optical signal changes due to a user movement, and
(ii) rapid external optical signal changes due to other than the user movement, and for improving a quality of ambient light meta-data derived from the optical sensor signal based on the distinction between the short-term optical signal changes and the rapid external optical signal changes (“[0031] FIG. 16 is a graph illustrating a motion state of the user”; “The gyroscope 112 and/or the accelerometer 114 can be in electrical communication with the sensor or module processor 108. The sensor or module processor 108 can determine motion information from signals from the gyroscope 112 and/or the accelerometer 114. The motion information can provide noise reference for analysis of the pleth information” [0227]; “The processor 120 may identify one or more of the signal indicating the motion state of the user, the signal indicating the breath state of the user, or the signal indicating the pulse state of the user located within the designated area 420 from the reflection signal by filtering the received reflection signal. For the filtering, the processor 120 may control a plurality of filters (for example, a low pass filter, a high pass filter, and a band pass filter) included in the RF sensor 240N. For example, the processor 120 may identify the signal indicating a heartbeat of the user from the received reflection signal through the high pass filter” [0109]).
Regarding the claim 13, the above noted combination teaches all the claimed limitation except for adjusting the height comprises the height from a first height to a second height greater than the first height, wherein a contact pressure between the sensor surface and the skin surface is lower and/or separation distance is higher which results in the sensor surface receiving more ambient light, and the height from the second height to the first height, wherein the contact pressure between the sensor surface and the skin surface is higher and/or separation distance is lower which results in the sensor surface receiving less ambient light.
Furthermore, in the same field of endeavor, Geng also teaches wearable devices, the second face including the first face for display and skin of being close to the users, it further includes heart rate module, spacing module and the drive module for being movably disposed in second face, wherein, the drive module is connected to the heart rate module, and the heart rate module and second face is driven to make relative telescoping movement. The spacing module detects the distance between second face and user's skin, and when the distance is when except a threshold range, the drive module drives the heart rate module to move to user's skin direction, and the heart rate detection module carries out heart rate measurement, improves the accuracy of heart rate measurement (abst; also see figs. 2-3 and the associated sections for the spacer to adjust height for providing a given contact pressure, separation distance, or a combination of contact pressure and separation distance between the skin surface and sensor surface as a function of the adjustable height of the spacer).
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with adjustable height of the spacer as taught by Geng because it improves the accuracy of heart rate measurement (abst of Geng).
Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Ali and Geng as applied to claim 1 above and further in view of Liu et al (US 20210123801).
Regarding the claim 2, the above noted combination teaches all the claimed limitation except for a threshold value to detect movement spikes in the optical signals including ambient light.
However, in the same field of endeavor, Liu teaches adjustment of the ambient light signal acquired by the PPG sensor is realized, thereby ensuring accuracy of a wearable device to detect a physiological characteristic of a user (abst).
[0009] determining, according to an intensity of the first ambient light signal automatically, whether to turn on an ambient light cancellation circuit, where the ambient light cancellation circuit is configured to adjust the first ambient light signal according to the intensity of the first ambient light signal; and
[0010] if it is determined to turn on the ambient light cancellation circuit, adjusting a cancellation signal intensity of the ambient light cancellation circuit automatically according to the intensity of the first ambient light signal to enable an intensity of the adjusted first light signal to be within a preset range.
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with threshold value to detect movement spikes in the optical signals including ambient light as taught by Liu because ensuring accuracy of a wearable device to detect a physiological characteristic of a user (abst of Liu).
Regarding the claim 3, the above noted combination teaches all the claimed limitation except for wherein the threshold value is calibrated or determined as a global setting related to a floor noise level of the optical sensor.
However, in the same field of endeavor, Liu teaches adjustment of the ambient light signal acquired by the PPG sensor is realized, thereby ensuring accuracy of a wearable device to detect a physiological characteristic of a user (abst). Comparing the intensity of the ambient light signal with a preset threshold, determination of whether to turn on the ambient light cancellation circuit is realized, which not only avoids a new interference caused by the ambient light cancellation circuit being turned on all the time [0015].
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with threshold value is calibrated or determined as a global setting related to a floor noise level of the optical sensor as taught by Liu because ensuring accuracy of a wearable device to detect a physiological characteristic of a user (abst of Liu).
Regarding the claim 4, the above noted combination teaches all the claimed limitation except for determine if an increase in a level of the ambient light corresponds with daylight data as influenced from outside light conditions or to ambient light conditions other than daylight, based on movement of the user, on spikes in the optical signals including ambient light, and on the increase in the level of the ambient light.
However, in the same field of endeavor, Liu teaches adjustment of the ambient light signal acquired by the PPG sensor is realized, thereby ensuring accuracy of a wearable device to detect a physiological characteristic of a user (abst). Comparing the intensity of the ambient light signal with a preset threshold, determination of whether to turn on the ambient light cancellation circuit is realized, which not only avoids a new interference caused by the ambient light cancellation circuit being turned on all the time [0015].
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with threshold value is calibrated or determined as a global setting related to a floor noise level of the optical sensor as taught by Liu because ensuring accuracy of a wearable device to detect a physiological characteristic of a user (abst of Liu).
Regarding the claim 5 (as the claim best understood in light of the 35 USC 112 rejections above), the above noted combination teaches all the claimed limitation except for adjust the detected level of ambient light.
However, in the same field of endeavor, Liu teaches [0072] while the photodiode 12 is receiving the light emitted by the light-emitting diode 11, it also receives an ambient light signal 14 from the environment. Due to changes in the environment, if an intensity of the ambient light signal 14 is too strong, the target signal light received by the photodiode 12 will be affected, resulting in an inaccurate heart rate detection result, so the intensity of the received ambient light signal needs to be adjusted. Based on this, the embodiments of the present disclosure provide an ambient light signal adjustment method, a chip and electronic equipment.
[0073] FIG. 2 is a flowchart of an ambient light signal adjustment method according to an embodiment of the present disclosure, where the method can be realized by means of software and/or hardware, for example: it may be part of a terminal device or the entire terminal device, the terminal device may be a wearable device, such as a heart rate bracelet, a heart rate headset, a health bracelet, a health watch, a blood oxygen bracelet, a blood oxygen watch and other optical wearable devices; or it may be a medical device, a fitness device, a chip in a terminal device, etc., the following describes the ambient light signal adjustment method with the terminal device as an executive body. As shown in FIG. 2, the ambient light signal adjustment method according to the present disclosure includes the following steps. Also see the flow charts of the operation process in figs. 2-3 and the associated pars.
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with adjust the detected level of ambient light as taught by Liu because ensuring accuracy of a wearable device to detect a physiological characteristic of a user (abst of Liu).
Claim 11 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Ali and Geng as applied to claim 1 above and further in view of Smith et al (Use of Actigraphy for the Evaluation of Sleep Disorders and Circadian Rhythm Sleep-Wake Disorders: An American Academy of Sleep Medicine Systematic Review, Meta-Analysis, and GRADE Assessment, Journal of Clinical Sleep MedicineVolume 14, Issue 07).
Regarding claim 11, the above noted combination teaches all the claimed limitation except for the controller is further configured for implementing an artificial intelligence algorithm for outputting targeted user-specific sleep advice based on (i) the sleep related measurement modality, (ii) personal data coupled to the sleep related measurement modality.
However, in the same field of endeavor, Smith teaches for sleep applications, the devices are typically worn on the wrist or ankle. Mathematical algorithms are then applied to these data to estimate wakefulness and sleep. In addition to providing a graphical summary of wakefulness and sleep patterns over time (ie, temporal raster plots), actigraphy generates estimates of certain sleep parameters that are also commonly estimated by using sleep logs, or measured directly by polysomnography (PSG), the gold standard measure of sleep. The sleep parameters estimated by actigraphy, in common with standard sleep logs, include: sleep latency (SL); total sleep time (TST); wake after sleep onset (WASO); and sleep efficiency (SE; SE = TST / time in bed) (background section). Meta-analyses were performed on outcomes of interest for each PICO question. Review Manager 5.3 software (The Cochrane Collaboration, London, United Kingdom) was used to compare the use of actigraphy versus sleep logs and actigraphy versus PSG for the assessment of sleep parameters and of treatment response in patients with various sleep disorders. All analyses were performed using the random effects model with results displayed as a forest plot. Meta-analyses were performed when at least 5 studies were available by pooling data across studies for each relevant outcome of interest for each PICO (studies for PICO 7 were grouped by patient population). When 3–4 studies were available, meta-analyses were performed at the discretion of the task force. For several questions, there was insufficient evidence to perform meta-analyses for certain comparisons and outcome measures. In these cases, studies are described individually (see Meta-Analysis and Interpretation of Clinical Significance section).
It would have been obvious to an ordinary skilled in the art before the invention was made to modify the method and/or device of the modified combination of reference(s) as outlined above with artificial intelligence algorithm for outputting targeted user-specific sleep advice as taught by Smith because it is improving the interpretation of the Multiple Sleep Latency Test (MSLT) in adult and pediatric patients with suspected central disorders of hypersomnolence and for assessing insufficient sleep syndrome (background section of Smith).
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive at least for the reasons noted below;
Regarding the rejection of claims 1 and 12, the applicant notes the following;
Independent claim 1 has been amended to clarify that the height of the spacer is automatically changed between a first height during night-time sleep measurements and a second height during other than night-time sleep measurements. In the Office Action, the Examiner appears to rely on Geng as allegedly teaching "when the distance is when except a threshold range, the drive module drives the heart rate module to move to user's skin direction, and the heart rate detection module carries out heart rate measurement, improves the accuracy of hear rate measurement" and references FIGS. 2-3 as allegedly teaching associated sections for the spacer to adjust height for providing contact pressure, separation distance, or a combination of contact pressure and separation distance. However, Applicant respectfully asserts that the amendment in claim 1 that requires that the height be automatically changed to a first height during night-time sleep measurements and to a second height during other than night-time sleep measurements appears to be very different from the teachings of Geng (and the other art of record). As such, Applicant respectfully asserts that this feature is not taught or suggested by the art of record.
However, this feature is taught by the above combination. Specifically, Geng teaches wearable devices, the second face [i.e., wrist side] including the first face for display and skin of being close to the users, it further includes heart rate module, spacing module and the drive module for being movably disposed in second face, wherein, the drive module is connected to the heart rate module, and the heart rate module and second face is driven to make relative telescoping movement [i.e., automatically adjusting the height of the spacer]. The spacing module detects the distance between second face and user's skin, and when the distance is when except a threshold range, the drive module drives the heart rate module to move to user's skin direction, and the heart rate detection module carries out heart rate measurement, improves the accuracy of heart rate measurement (abst; also see figs. 2-3 and the associated sections for the spacer to adjust height for providing a given contact pressure, separation distance, or a combination of contact pressure and separation distance between the skin surface and sensor surface as a function of the adjustable height of the spacer).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SERKAN AKAR whose telephone number is (571)270-5338. The examiner can normally be reached 9am-5pm M-F.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SERKAN AKAR/ Primary Examiner, Art Unit 3797