DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Applicant’s election without traverse of Group I, claims 1-6, 10, and 13, in the reply filed on 15 June 2026 is acknowledged.
Claims 7-9, 11, and 12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Interpretation
3. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
4. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
5. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a temperature measurement device” in claim 1, which corresponds to a “sensor module 300” or “cutaneous information device” (see para. [0129]-[0130] of the Specification, filed 31 May 2024);
“a data memory sector” in claim 1, which corresponds to “onboard flash memory” (see para. [0102]); and
“a non-volatile memory sector” in claim 1, which corresponds to “memory 142” (see para. [0087]).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
6. Applicant is advised that should claim 2 be found allowable, claim 13 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
7. Claim 6 is objected to because of the following informalities:
In lines 2-23, “7. A temperature measurement device for measuring temperature on a mammal such as a human, comprising: …” is a typographical error (it appears that lines 2-23 of claim 6 belong to claim 7), and should be deleted from claim 6.
Appropriate correction is required. For further examination, the limitations starting with “7. A temperature measurement device for measuring temperature on a mammal such as a human, comprising: …” in lines 2-23 of claim 6 will be deleted.
8. Claim 10 is objected to because of the following informalities:
In line 1, “wherein The frame” is a typographical error, and should be amended to “whereinthe frame”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
9. 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.
10. Claim 10 is 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 10 recites the limitation “The frame” in line 1. Base claim 1 does not define a “frame”, and thus, there is insufficient antecedent basis in the claim. Claim 2 defines “a flexible frame”. But, it is not clear if “The frame” in claim 10 refers to “a flexible frame” in claim 2.
Claim 10 recites the limitation “the device” in line 2. However, there is insufficient antecedent basis in the claim. Base claim 1 defines “Apparatus”, “a temperature measurement device” and “an onboard device power source”, and thus, the limitation is not clear as to which structural element it refers to.
Claim 10 recites the limitation “Inwardly and outwardly facing temperature sensors measure, respectively, skin temperature and ambient temperature, with ambient temperatures providing information relating to the reliability of the skin temperature measurement.” However, the limitation appears after the claim 10 ends (with a period in line 2). Thus, it is not clear whether this limitation is meant to be part of claim 10 or part of another claim. For further examination, claim 10 will not be interpreted to include the limitation “Inwardly and outwardly facing temperature sensors measure, respectively, skin temperature and ambient temperature, with ambient temperatures providing information relating to the reliability of the skin temperature measurement”.
Claim Rejections - 35 USC § 102
11. 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.
12. 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.
13. Claims 1-6, 10, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vock et al., U.S. Patent Application Publication No. 2019/0134513 A1 (“Vock”).
As to Claim 1, Vock teaches the following:
Apparatus for measuring temperature on a mammal such as a human (see “The invention specifically relates to sensing and reporting events associated with movement, environmental factors such as temperature, health functions, fitness effects, and changing conditions.” in para. [0002]), comprising:
(a) a temperature measurement device (“monitor device”) 10 (see “Device 10 can for example operate as a MMD or EMD described above.” in para. [0191]; and see “As an EMD, for example, detector 12 senses temperature experienced by device 10 and generates signals indicative of temperature (either absolute, or relative).” in para. [0192]; and fig. 1), comprising:
(i) an onboard device power source (“battery”) 18 powering components of said temperature measurement device 10 (see “Device 10 includes a detector 12, processor 14, communications port 16, and battery 18.” in para. [0191]);
(ii) a clock (“clock”) 22 (see “Typically, when the movement metrics exceed a predetermined threshold, processor 12 stores data as an “event” within memory 20. Events are also preferably tagged with time information, typically date and time, as provided by clock 22.” in para. [0191]) having a first high speed output (see “… streaming the data continuously off-board to get a real-time signature of data experienced by the EMD …” in para. [0074]), and a second low speed output (see “… transmission at predetermined intervals of time, such as every minute or hour.” in para. [0074]), said high speed output being at least 10 times as fast as said low speed output (see “In other aspects, data from the EMD is communicated off-board (i.e., away from the EMD) by one of several techniques, including: streaming the data continuously off-board to get a real-time signature of data experienced by the EMD; transmission triggered by the occurrence of an “event” as defined herein; transmission triggered by interrogation, such as interrogation by an ID with a transponder; transmission staggered in “bursts” or “batches,” such as when internal storage memory is full; and transmission at predetermined intervals of time, such as every minute or hour.” in para. [0074]. “streaming the data continuously off-board to get a real-time signature of data experienced by the EMD” is at least 10 times as fast as “transmission at predetermined intervals of time, such as every minute or hour”);
(iii) a data memory sector (“memory”) 20 (see “Typically, when the movement metrics exceed a predetermined threshold, processor 12 stores data as an “event” within memory 20. Events are also preferably tagged with time information, typically date and time, as provided by clock 22.” in para. [0191]);
(iv) a digital processor (“processor”) 14 responsive to said high-speed output to generate a storage trigger signal (“events”) (see “In accord with one aspect, an EMD monitors one or more metrics for “events,” where data is acquired that exceeds some predetermined threshold or value. By way of example, in one aspect the detector is a temperature sensor and the processor coupled to the temperature sensor seeks to determine temperature events that exceed a threshold.” in para. [0078]);
(v) a temperature measurement transducer (“detector”) 12 responsive, to said storage trigger signal (“events”) from said digital processor 14, to periodically collect a temperature measurement (see “However, detector 12 can be a stand-alone element such as a piezoelectric strip, strain gauge, force-sensing resistor, weight sensor, temperature sensor, humidity sensor, chemical sensor, or heart rate detector.” in para. [0198]) and to couple said collected temperature measurement to said data memory sector 20 to store said collected temperature measurement in said data memory sector 20 to accumulate data in said data memory sector 20 as an accumulation of data in the form of a plurality of data points (see “As an EMD, for example, detector 12 senses temperature experienced by device 10 and generates signals indicative of temperature (either absolute, or relative). Processor 12 then processes the signals to extract desired data. Preferably, data such as temperature are time tagged with date and/or time information so that a limited recording is made of environmental conditions.” in para. [0192]; and see “The communications port then transmits the event to a receiver (e.g., receiver 24, FIG. 1) in step 182. As an alternative, decision tree Yes.sub.2 sends the event data to memory such that it is stored for later transmission, in step 184. The Yes.sub.2 decision tree is used for example when a receiver is not presently available (e.g., when no receiving device is available to listen to and capture data transmitted from the monitor device). Eventually, however, event data is transmitted off-board, in step 186, such as when memory is full (a receiver should be available to capture the event data before memory becomes full) or when the monitor device is scheduled to transmit the data at a preselected time interval (i.e., a timed sequence transmission). For example, event data stored in memory may be transmitted off board every five minutes or every hour; data captured within that time interval is preferably stored in memory until transmission at steps 180 and 182.” in para. [0227]);
(vi) a wireless transceiver (“communications port”) 16 having an input 30b and an output 30a, said digital processor 14 responsive to said low speed output to generate a transmission trigger signal (“commands”) and couple said transmission trigger signal to said data memory sector 20, said transmission trigger signal causing said data memory sector 20, to couple said accumulation of data stored in said data memory sector 20 to the input 30b of said wireless transceiver 16 for transmission (see “Communications port 16 communicates event data from device 10 to a receiver 24 as wireless data 30a. Port 16 typically performs such communications in response to commands from processor 14. Communications port 26 receives wireless data 30a for use within receiver 24. If desired, communications port 26 can also communicate with port 16 to transmit wireless data 30b to device 10. In such an embodiment, ports 16, 26 are preferably radio-frequency, infrared or magnetically-inductive transceivers. Alternatively, port 26 is a transmitter that interrogates device 10; and port 16 is a transponder that reflects event data to receiver 24. In one preferred embodiment, receiver 24 is part of the circuitry and packaging of a cell phone, which relays events (e.g., a movement event) to a remote storage facility.” in para. [0193]); and
(vii) a non-volatile memory sector (“Timing and control”) 330 with a program (“software components” or “program”) of onboard instructions for controlling said digital processor 14 (see “Timing and control at block 330 maintains timing and scheduling of software components.” in para. [0266]) to cause said temperature measurement transducer 12 to store said data points in said data memory sector 20 to cause said wireless transceiver 16 to transmit said data points (see “Users of system 1300 “program” which items are in the network preferably through a personal computer interface, shown in FIG. 68. In FIG. 68, a personal computer 1312 connects with a transceiver controller 1314 to program a network transceiver 1316a (representative of any transceiver 1302a, 13014a, 1306a, 1308a, 1309a, 1310a, for example).” in para. [0380]); and
(viii) a chassis member (“protective housing”) 11 supporting said power source 18, said clock 22, said data memory sector 20, said digital processor 14, said temperature measurement transducer 12 and said wireless transceiver 16 (see “Device 10″ preferably includes a protective housing 11 (FIG. 2A) surrounding integrated circuits to protect the circuits from breakage.” in para. [0196], and fig. 2A);
(b) a publicly accessible network (“personal network system”) 1300 (see “FIG. 67 shows a personal network system 1300 constructed according to the invention.” in para. [0374], and fig. 67);
(c) a wireless repeater (“network transceiver”) 1316a receiving the accumulation of data output from said wireless transceiver 16 and coupling the same to said publicly accessible network 1300 (see “In FIG. 68, a personal computer 1312 connects with a transceiver controller 1314 to program a network transceiver 1316a (representative of any transceiver 1302a, 13014a, 1306a, 1308a, 1309a, 1310a, for example). Controller 1314 preferably includes a transceiver that wirelessly communications with transceiver 1316a via a data control link 1321.” in para. [0380], and fig. 68);
(d) a server (“computer”) 1310 coupled to said publicly accessible network 1300 to receive said accumulation of data (see “Users of system 1300 “program” which items are in the network preferably through a personal computer interface, shown in FIG. 68. In FIG. 68, a personal computer 1312 connects with a transceiver controller 1314 to program a network transceiver 1316a (representative of any transceiver 1302a, 13014a, 1306a, 1308a, 1309a, 1310a, for example). Controller 1314 preferably includes a transceiver that wirelessly communications with transceiver 1316a via a data control link 1321.” in para. [0380]), said server 1310 comprising:
(i) a server central processing unit (“personal computer”) 1312;
(ii) a temperature data memory (“internal memory”, not labeled) coupled to receive and store said data points (see “Accordingly, link 1320 has location and time information updated to each item 1304, 1306, 1309. In leaving his cell phone at the restaurant, keys 1304, wallet 1306. watch 1309 receive “cookie” deposited in internal memory indicating when and where cell phone 1302 left the network of items 1302, 1304, 1306, 1309.” in para. [0379]); and
(iii) a non-volatile server program memory (“internal memory”, not labeled) with a program of server instructions causing said server central processing unit to receive, store, and transmit to at least one user said data points (see “In FIG. 68, a personal computer 1312 connects with a transceiver controller 1314 to program a network transceiver 1316a (representative of any transceiver 1302a, 13014a, 1306a, 1308a, 1309a, 1310a, for example).” in para. [0380]); and
(e) a non-volatile temperature conversion program memory (“internal memory”, not labeled) with a program of temperature conversion instructions for converting said data points to predicted physiological temperature readings for said transmission to said at least one user, wherein said device power source is a battery (see “In FIG. 68, a personal computer 1312 connects with a transceiver controller 1314 to program a network transceiver 1316a (representative of any transceiver 1302a, 13014a, 1306a, 1308a, 1309a, 1310a, for example).” in para. [0380]).
As to Claims 2 and 13, Vock teaches the following:
wherein said chassis 11 comprises a flexible frame (“strip”) 32 having a bottom and a top (see fig. 2A), said flexible frame 32 comprising
(i) a peripheral portion (not labeled) extending at least partially around and positioned at the periphery of said flexible frame 32 (see peripheral portion surrounding “adhesive strip 32z” in fig. 2C),
(ii) an inner portion (not labeled) at least partially surrounding said circuit board and at least partially surrounded by said peripheral portion (see inner portion surrounding “monitor device 10z” in fig. 2C) and
(iii) an intermediate portion (“padding”) 36 positioned between said peripheral portion and said inner portion (see “padding 36” positioned between “adhesive strip 32z” and “monitor device 10z” in fig. 2C);
(iv) a skin facing bottom wall (not labeled) secured at the bottom of said frame 36 (see bottom surface of “strip 32” that faces “surface 37” in fig. 2A); and
(v) an ambient facing top wall (not labeled) secured at the top of said frame 32 (see top surface of “strip 32” that is opposite “surface 37” in fig. 2A), said onboard device power source 18, said clock 22, said data memory sector 20, said digital processor 14, said temperature measurement transducer 12, said wireless transceiver 16, and said non-volatile memory sector 330 are positioned between said top wall and said bottom wall (see “monitor device 10”” in fig. 2A, the “monitor device 10”” includes the elements shown in fig. 1).
As to Claim 3, Vock teaches the following:
wherein said intermediate portion 36 has a thinner portion thinner than said peripheral portion, said thinner portion being flexible enough to allow movement of said intermediate portion between said peripheral portion and said inner portion (In fig. 2C, see peripheral portion surrounding “adhesive strip 32z” is thinner than the portion surrounding “padding 36”).
As to Claim 4, Vock teaches the following:
wherein a sealed compartment (“protective housing”) 11 is formed by said peripheral portion and said bottom and top walls, said onboard device power source 18, said clock 22, said data memory sector 20, said digital processor 14, said temperature measurement transducer 12, said wireless transceiver 16, and said non-volatile memory sector 330 being positioned within said compartment 11 (see “Device 10″ preferably includes a protective housing 11 (FIG. 2A) surrounding integrated circuits to protect the circuits from breakage.” in para. [0196], and see fig. 2A).
As to Claim 5, Vock teaches the following:
wherein said clock 22 comprises two separate clocks 216 and 218 (see “In one preferred embodiment of the invention, a canister 200′ (e.g., similar to canister 200 but with internal electronics) has its own battery 210, micro-controller 212, sensor time tag interface 214a, and real time clock 216 (collectively the “canister electronics”), as shown in FIG. 10E. With such an embodiment, a sensor 202′ for use with canister 200′ has a mating time tab interface 214b. In addition to time tag interface 214b, sensor 202′ has a clock 218, processor 220, battery 222, detector 224 and communications port 226.” in para. [0231]).
As to Claim 6, Vock teaches the following:
A method of measuring a human physiological temperature comprising
using the apparatus (the apparatus shown in figs. 1 and 2 as discussed above for claim 2) and mounting it below the human clavicle (see “An EMD of the invention can practically attach to almost anything to obtain event information. By way of example, an EMD of the invention can attach to patients to track health and conditions in real time and with remote monitoring capability.” in para. [0082]).
As to Claim 10, Vock teaches the following:
The frame 32 includes a thinned out area within the circumference of the device promoting adhesion (using “adhesive 34”) and sealing (using “protective housing 11”) (see “A monitor device 10, 10′ of the invention preferably includes an adhesive strip that provides for convenient attachment of the device to an object or person. As shown in FIG. 2, one such device 10″ is shown coupled to adhesive strip 32 for just this purpose. Strip 32 is preferably flexible so as to bend and attach device 10″ to nearly any surface shape. Strip 32 includes an adhesive 34 that bonds strip 32 to a person or object, such that device 10″ attaches to that person or object in a substantially fixed location. FIG. 2 also shows that device 10″ preferably resides adjacent to padding 36, to protect device 10″ from physical harm and to provide a cushion interface between device 10″ and a person or object. Padding 36 can for example be cotton or other soft material; and padding 36 can be made from soft material typically found with adhesive bandages of the prior art. Device 10″ preferably includes a protective housing 11 (FIG. 2A) surrounding integrated circuits to protect the circuits from breakage.” in para. [0196]).
Conclusion
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAVIN NATNITHITHADHA whose telephone number is (571)272-4732. The examiner can normally be reached Monday - Friday 8:00 am - 8:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason M Sims can be reached at 571-272-7540. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NAVIN NATNITHITHADHA/Primary Examiner, Art Unit 3791 07/29/2026
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