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 .
Drawings
The drawings were received on May 14, 2024. These drawings are acceptable.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 5-10 are objected to because of the following informalities:
Claims 5, 7, and 9 each recite, “the angled component”, but for each claim there are two angled components (see claim 4, “each of the first wing and second wing comprise… an angled component”.
It is suggested claims 5, 7, and 9 each recite, “wherein each angled component” or similar language. Claims 6, 8, and 10 are objected to by reason of their dependency.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Publication 2023/0114269 to Heikkien et al. ( hereinafter Heikkinen).
Heikkien (FIG. 2-3, 8) discloses a wearable ring device, comprising:
a ring-shaped housing (104, paragraph 42) defining an inner circumference of the wearable ring device and an outer circumference of the wearable ring device, wherein the ring-shaped housing (104) comprises a plurality of apertures (of 315, paragraph 108) in the inner circumference of the wearable ring device; and
a printed circuit board (FIG. 8, paragraph 51, 99, 172-173) disposed within the ring-shaped housing (104), wherein the printed circuit board wraps at least partially around the inner circumference of the wearable ring device (FIG. 3, paragraph 99), and wherein a top face of the printed circuit board faces the inner circumference of the wearable ring device (FIG. 3),
the printed circuit board comprising:
a plurality of optoelectronic components (320, 325, paragraph 99-100) comprising at least a first light emitting component (320/820, paragraph 172) positioned on a first wing (810, paragraph 172) of the printed circuit board and at least a first light detecting component (325, paragraph 100); and
the first wing (810) extruding from the printed circuit board in a first direction and in accordance with a first angle between a bottom face of the first wing and the top face of the printed circuit board (FIG. 8),
wherein the first light emitting component (320/820) is positioned on a top face of the first wing (810), and wherein a first optical path is defined between the first light emitting component (320/820) and the first light detecting component (325) based at least in part on the first angle (paragraph 173: “The PCB 805 may be formed and bent… the first set of PPG sensors (e.g., LED 820) may be angled towards a first set of one or more PDs”.)
Allowable Subject Matter
Claims 2-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims; claims 5-10 additionally require minor correction as set forth above.
The following is a statement of reasons for the indication of allowable subject matter:
Dependent claim 2 would be allowable because the prior art of record neither anticipates nor renders obvious the limitations of this dependent claim in individual combination.
For example, the prior art of record neither anticipates nor renders the limitations obvious of the wearable ring device of claim 1, wherein the first light detecting component is positioned on a second wing of the printed circuit board… the second wing extruding from the printed circuit board in a second direction at least partially opposite the first direction and in accordance with a second angle between a bottom face of the second wing and the top face of the printed circuit board, wherein the first light detecting component is positioned on a top face of the second wing, and wherein the first optical path is defined between the first light emitting component and the first light detecting component based at least in part on the first angle and the second angle, as recited in combination in dependent claim 2.
See and compare, e.g., Heikkinen paragraph 172-173: disclosure of adjusting the angle of emitters; no teaching or suggestion of adjusting an angle of a detector (see FIG. 3). Other prior art of record, e.g., US 2024/0000328 uses lenses (paragraph 130) to adjust an angle of emitters and detectors; US 2025/0127439 uses an actuator for a light guide or mirror to adjust an angle of an emitter or sensor (paragraph 95, 99, 109-110).
After careful review of the specification and the claims in the application and a search of the prior art, considering the claims a whole, the aforementioned recited limitations in dependent claim 2 are believed to render the claim and the claims dependent thereto patentable over the prior art of record, if rewritten in independent form including all of the limitations of the base claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2022/0096007 see, e.g., FIG. 19: fixed angle components to surface of PCB; and US 2023/0113714 see, e.g., FIG. 3-9: fixed angle components.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN MILAKOVICH whose telephone number is (571)270-3087. The examiner can normally be reached Monday - Friday 9:00 AM - 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Dole can be reached at (571) 272-2229. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN MILAKOVICH/Primary Examiner, Art Unit 2848