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 .
Notice of Amendment
In response to the amendment filed on 3/25/2024, amended claims 1-10 are acknowledged. Claims 1-10 remain pending.
Claim Interpretation
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.
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.
No claim limitation has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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(s) 1-4 and 6-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baranski et al. (US Publication No. 2016/0255944 A1).
Regarding claim 1, Baranski et al. discloses a wearable device, comprising a device body (104, 300) and a strap body (108, 302, 304), wherein the wearable device further comprises:
a detection sensor (310) provided on at least one of the device body and the strap body, the detection sensor being configured to at least obtain a user's blood pressure data (see [0124] – “In other embodiments, the wearable electronic device 100 can include one or more sensors (not shown) positioned on a bottom surface of the housing 104. Sensors utilized by the wearable electronic device 100 can vary from embodiment to embodiment. Suitable sensors can include temperature sensors, electrodermal sensors, blood pressure sensors, heart rate sensors, respiration rate sensors, oxygen saturation sensors, plethysmographic sensors, activity sensors, pedometers, blood glucose sensors, body weight sensors, body fat sensors, blood alcohol sensors, dietary sensors, and so on”);
a shape memory alloy component (406, 408, 506, 508, 1606, 1608, 1706) connected between the device body and the strap body, and configured to pull the strap body to move toward the device body (see [0082] – “In some examples, a tensioner associated with and/or coupled to the wearable electronic device can also be coupled to a portion of the band that is configured to compress in response to an electrical signal. For example, a shape memory wire such as Nitinol can be formed in a longitudinal serpentine pattern within one or more portions of a band. The tensioner can increase a current (or voltage) applied to the Nitinol in response to an instruction to increase the tightness of the band or can decrease a current (or voltage) applied to the Nitinol in response to an instruction to decrease the tightness of the band. In response to the increase or decrease in the length of the longitudinal and serpentine Nitinol, the band can experience an increase or decrease in length which, in turn, can cause an increase or decrease the tightness of the fit of the band” and [0181] – “In the illustrated example, the first actuator 406 and the second actuator 408 can be formed in a longitudinal serpentine pattern and can be configured to contract or expand in response to an electrical signal from the tensioner. For example, in some embodiments, the first actuator 406 and the second actuator 408 can be formed from a shape memory wire such as Nitinol. In these embodiments, the tensioner can increase a current (or voltage) applied to the Nitinol in response to an instruction to increase the tightness of the band or can decrease a current (or voltage) applied to the Nitinol in response to an instruction to decrease the tightness of the band. In many cases, an increase in current applied to the Nitinol can cause the temperature of the Nitinol to increase, which can cause the Nitinol to contract”);
a driving component (324) configured to supply power to the shape memory alloy component according to a target current magnitude (see [0169] – “The one or more processing devices 306 can be implemented as any electronic device capable of processing, receiving, or transmitting data or instructions. For example, the processing device(s) 306 can each be a microprocessor, a central processing unit (CPU), an application-specific integrated circuit (ASIC), a digital signal processor (DSP), or combinations of such devices. As described herein, the term “processing device” is meant to encompass a single processor or processing unit, multiple processors, multiple processing units, or other suitably configured computing element or elements” and [0176] – “As noted above, the wearable electronic device 300 can include a tensioner 324. In many cases, a tensioner can be an analog, digital, or integrated circuit configured to apply an electrical signal to cause tension (either directly or indirectly) to be applied to, or relieved form, the first band 302 and the second band 304”); and
a main controller (306) configured to send a detection instruction to the driving component and obtain detection data from the detection sensor (see [0169] – “The one or more processing devices 306 can be implemented as any electronic device capable of processing, receiving, or transmitting data or instructions. For example, the processing device(s) 306 can each be a microprocessor, a central processing unit (CPU), an application-specific integrated circuit (ASIC), a digital signal processor (DSP), or combinations of such devices. As described herein, the term “processing device” is meant to encompass a single processor or processing unit, multiple processors, multiple processing units, or other suitably configured computing element or elements”).
Regarding claim 2, Baranski et al. discloses the driving component comprises a driver circuit and a driver controller, the driver controller is configured to obtain the target current magnitude and control the driver circuit to supply power to the shape memory alloy component according to the target current magnitude (see [0082] – “The tensioner can increase a current (or voltage) applied to the Nitinol in response to an instruction to increase the tightness of the band or can decrease a current (or voltage) applied to the Nitinol in response to an instruction to decrease the tightness of the band”, [0169] – “The one or more processing devices 306 can be implemented as any electronic device capable of processing, receiving, or transmitting data or instructions. For example, the processing device(s) 306 can each be a microprocessor, a central processing unit (CPU), an application-specific integrated circuit (ASIC), a digital signal processor (DSP), or combinations of such devices. As described herein, the term “processing device” is meant to encompass a single processor or processing unit, multiple processors, multiple processing units, or other suitably configured computing element or elements”, and [0176] – “As noted above, the wearable electronic device 300 can include a tensioner 324. In many cases, a tensioner can be an analog, digital, or integrated circuit configured to apply an electrical signal to cause tension (either directly or indirectly) to be applied to, or relieved form, the first band 302 and the second band 304”).
Regarding claim 3, Baranski et al. discloses the driving component further comprises a blood pressure controller configured to calculate the target current magnitude according to a preset contraction rate of the shape memory alloy component (see [0082] – “The tensioner can increase a current (or voltage) applied to the Nitinol in response to an instruction to increase the tightness of the band or can decrease a current (or voltage) applied to the Nitinol in response to an instruction to decrease the tightness of the band”, [0169] – “The one or more processing devices 306 can be implemented as any electronic device capable of processing, receiving, or transmitting data or instructions. For example, the processing device(s) 306 can each be a microprocessor, a central processing unit (CPU), an application-specific integrated circuit (ASIC), a digital signal processor (DSP), or combinations of such devices. As described herein, the term “processing device” is meant to encompass a single processor or processing unit, multiple processors, multiple processing units, or other suitably configured computing element or elements”, and [0176] – “As noted above, the wearable electronic device 300 can include a tensioner 324. In many cases, a tensioner can be an analog, digital, or integrated circuit configured to apply an electrical signal to cause tension (either directly or indirectly) to be applied to, or relieved form, the first band 302 and the second band 304”).
Regarding claim 4, Baranski et al. discloses the shape memory alloy component comprises at least one shape memory alloy spring (1706) (see Figure 17 and [0264] – “In the illustrated embodiment, an actuator 1706 can be formed as spring can be coupled between the first band 1702 and the second band 1704 through the housing of the wearable electronic device 1700. In some embodiments, the spring can be a passive spring. In other embodiments, the spring can be an active spring. For example, the spring can be made from a shape-memory material such as Nitinol. In such an embodiment, the tightness of a fit of the wearable electronic device 1700 can be maintained by the tensioner by applying an electrical current to the Nitinol”).
Regarding claim 6, Baranski et al. discloses a connecting piece (510, 512) is fixed on one side of the strap body close to the device body, and the shape memory alloy component (506, 508) has one end installed on the connecting piece and the other end installed on the device body (see Figures 5A-B and [0197] – “In another embodiment, the tensioner can be connected to a coupling that joins the first band 502 and the second band 504 at one or more points to the housing of the wearable electronic device 500. In some examples, such as that depicted in FIG. 5B, the coupling can be a first lug 510 and a second lug 512, associated with the first band 502 and the second band 504 respectively, that each extend from the housing of the wearable electronic device 500. In such an embodiment, the tensioner can withdraw the first lug 510 and a second lug 512 into the housing of the wearable electronic device 500 by applying an electrical signal to the first actuator 506 and the second actuator 508 (shown in FIG. 5A)”).
Regarding claim 7, Baranski et al. discloses the device body is provided with a limiting guide groove having a notch provided with a limiting boss that limits the strap body, and the limiting boss can be engaged with the connecting piece (see Figures 5A-B and [0197] – “In another embodiment, the tensioner can be connected to a coupling that joins the first band 502 and the second band 504 at one or more points to the housing of the wearable electronic device 500. In some examples, such as that depicted in FIG. 5B, the coupling can be a first lug 510 and a second lug 512, associated with the first band 502 and the second band 504 respectively, that each extend from the housing of the wearable electronic device 500. In such an embodiment, the tensioner can withdraw the first lug 510 and a second lug 512 into the housing of the wearable electronic device 500 by applying an electrical signal to the first actuator 506 and the second actuator 508 (shown in FIG. 5A)”).
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.
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baranski et al., further in view of Saponas et al. (US Publication No. 2016/0287103 A1).
Regarding claim 5, it is noted Baranski et al. does not specifically teach a cable provided between the device body and the strap body, wherein the cable comprises a transmission line connected between the detection sensor and the main controller and a power line connected between the driving component and the shape memory alloy component. However, Saponas et al. teaches a cable (630) provided between the device body and the strap body, wherein the cable comprises a transmission line connected between the detection sensor and the main controller and a power line connected between the driving component and the shape memory alloy component (see Figure 6B and [0053] – “One or both of power and data may be transferred via wires and/or wirelessly” and [0057] – “As shown in FIGS. 6B and 6C, first strap 610 may include a central ribbon cable 630, which may connect to primary device 601 at first end 611 and to satellite device 605 at second end 612. Central ribbon cable 630, or another suitable conductor, may be configured to form an inductive or conductive electrical connection between primary device 601 and satellite device 605. In some implementations, the central ribbon cable 630 may be pierced and/or sandwiched by complementarily configured contacts and/or inductive clamps”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Baranski et al. to include a cable provided between the device body and the strap body, wherein the cable comprises a transmission line connected between the detection sensor and the main controller and a power line connected between the driving component and the shape memory alloy component, as disclosed in Saponas et al., so as to transfer power and/or data between the different device components (see Saponas et al.: [0053]).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baranski et al., further in view of Harrison-Noonan et al. (US Publication No. 2017/0086742 A1)
Regarding claim 8, it is noted Baranski et al. does not specifically teach a distance sensor configured to obtain a distance between the connecting piece and the device body, wherein the main controller is configured to inform indicating information to the user when the distance acquired by the distance sensor is less than a preset distance. However, Harrison-Noonan et al. teaches a distance sensor (204) configured to obtain a distance between the connecting piece (103A) and the device body (101), wherein the main controller is configured to inform indicating information to the user when the distance acquired by the distance sensor is less than a preset distance (see [0036] – “Attaching the housing 101 to a user's body part may exert force on the first band segment 103A related to elongation of the first band segment 103A and/or the entire band 102. This force may strain the strain gauge 204 and the processing unit 207 may receive one or more signals from the strain gauge 204 accordingly. The strain data included in such a signal or signals may be analyzed by the processing unit 207 and correlated to a tightness of the band 102” and [0041] – “In some implementations, the processing unit 207 may determine the tightness of the band 102 and provide output directing the user to adjust the first band segment 103A to improve operation of the health sensor 209 if the tightness is outside a range of tightness values. The range of tightness values may represent tightnesses in which the health sensor 209 accurately, or more accurately, operates. Such output may be a visual output via a display component included in the housing 101, an audio output via a speaker or other acoustic component included in the housing 101, a haptic output via a vibration device or other actuator included in the housing 101, a combination of various outputs, and so on”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Baranski et al. to include a distance sensor configured to obtain a distance between the connecting piece and the device body, wherein the main controller is configured to inform indicating information to the user when the distance acquired by the distance sensor is less than a preset distance, as disclosed in Harrison-Noonan et al., so as to direct the user to adjust the tightness of the band to improve operation of the health sensor if the tightness is outside a range of tightness values (see Harrison-Noonan et al.: [0041]).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baranski et al., further in view of Just et al. (US Patent No. 11,129,572 B2).
Regarding claim 9, Baranski et al. teaches the device body is further provided with a heart rate sensor (see [0124]) but does not specifically teach the main controller is further configured to send the detection instruction to the driving component when a real-time heart rate data obtained by the heart rate sensor is higher than preset heart rate data. However, Just et al. teaches the device body is further provided with a heart rate sensor, and the main controller is further configured to send the detection instruction to the driving component when a real-time heart rate data obtained by the heart rate sensor is higher than preset heart rate data (see col. 17, lines 14-30 – “The initiation of a blood pressure reading (or other biometric reading) may be via user input (manual) or autonomous. In some cases, the initiation of a biometric measurement may be triggered by a processor 204 and/or analysis platform 210 determining that the user is in an elevated stress state. For example, an elevated heart rate or an elevated heart rate in absence of substantial physical activity may be indicative of a high risk of a cardiac event. Sensor readings for a PPG sensor 202, for example, may be processed to determine the subject's heart rate, and sensor readings from an inertial sensor 202 (such as an accelerometer) may be processed to determine if the subject is active or at rest. The processor(s) 204 and/or analysis platform 210 may process the PPG sensor information and inertial sensor information to determine whether the user is in an elevated stress state, and this may trigger the actuator(s) to begin an autonomous blood pressure reading as previously described”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Baranski et al. to include the main controller is further configured to send the detection instruction to the driving component when a real-time heart rate data obtained by the heart rate sensor is higher than preset heart rate data, as disclosed in Just et al., so as to initiate a blood pressure measurement when it is detected that the user is in an elevated stress state or at a high risk of a cardiac event (see Just et al.: col. 17, lines 16-21).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baranski et al., further in view of Ciecko (US Publication No. 2017/0143219 A1).
Regarding claim 10, it is noted Baranski et al. does not specifically teach an alarm component, the main controller being configured to control the alarm component to send an alarm signal when the detection data detected by the detection sensor is higher than a preset health data; and a signal transmitting component, the main controller being configured to control the signal transmitting component to send preset information or real-time location information to a target device when the detection data detected by the detection sensor is higher than the preset health data. However, Ciecko teaches an alarm component, the main controller being configured to control the alarm component to send an alarm signal when the detection data detected by the detection sensor is higher than a preset health data; and a signal transmitting component, the main controller being configured to control the signal transmitting component to send preset information or real-time location information to a target device when the detection data detected by the detection sensor is higher than the preset health data (see [0019] – “The logic 410 monitors the blood pressure and the heart rate of the wearer via the first sensor 408A and the second sensor 408B, respectively. If either of the aforementioned physiological parameters of the wearer fall outside a tolerance range, then the logic 410 determines that the wearer is potentially suffering from an emergency medical condition and initiates the transmission of the notification and the location of the wearable 401 to the emergency medical service via the transceiver 404. In one embodiment, the tolerance range for each of the physiological parameters is a static value that is either preset by the user or by the manufacturer of the wearable 401. In another embodiment, the tolerance range for each of the physiological parameters is instead determined by the wearable 401 itself by, e.g., taking a moving average of each particular physiological parameter. In this embodiment, deviations from the moving average of a physiological parameter by a preset factor trigger the logic 410 to determine that the user is potentially suffering from an emergency medical condition”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Baranski et al. to include an alarm component, the main controller being configured to control the alarm component to send an alarm signal when the detection data detected by the detection sensor is higher than a preset health data; and a signal transmitting component, the main controller being configured to control the signal transmitting component to send preset information or real-time location information to a target device when the detection data detected by the detection sensor is higher than the preset health data, as disclosed in Ciecko, so as to notify any individual in the vicinity of the wearer and the appropriate authorities that the wearer is potentially suffering from an emergency medical condition and requires assistance (see Ciecko: Abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVIN B HENSON whose telephone number is (571)270-5340. The examiner can normally be reached M-F 7 AM ET - 5 PM ET.
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/DEVIN B HENSON/ Primary Examiner, Art Unit 3791