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 .
Information Disclosure Statement
The accompanying information disclosure statement (IDS) submission(s) is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The examiner notes the lined through NPL reference did not appear provided. However, in the interest of compact prosecution, it is cited on the accompanying PTO-892 and a copy provided herewith.
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 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.
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 secondary sensing mechanism” in claim 5; and
“separate sensing componentry” in claim 14.
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
Claims 11 and 13 are objected to because of the following informalities: there appears to be a missing “,” in line 1. Appropriate correction is required.
Claim 15 is objected to because of the following informalities: lines 6-7 should apparently read “including the at least one sensor for sensing the respective at least one sweat electrolyte” for antecedent. Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Javey et al. (WO 2017/058806 A1, hereinafter Javey).
For claim 1, Javey discloses a measuring device configured to provide an indication of at least one sweat property (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) the measuring device including inter alia:
a sensing device (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H), the sensing device comprising:
an inlet (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H), the inlet being configured to allow sweat to enter the sensing device (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H); and
at least one sensor (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) disposed at least one of or at and adjacent to the inlet (especially Figs 5A-5G, 23A-24H), the at least one sensor being configured to sense a respective at least one sweat property (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]); and
a wearable device (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Fig 3A) connected to the sensing device , the wearable device being configured to sense skin temperature (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]); and
wherein the sensing device is disposable and interchangeable with another sensing device (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]).
For claim 2, Javey discloses the measuring device of claim 1, wherein the at least one sensor comprises at least two sensors (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H) disposed at least one of at and adjacent to or near the inlet, the at least two sensors being configured to sense two sweat electrolytes respectively (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]).
For claim 3, Javey discloses the measuring device of claim 1, wherein the at least one sensor comprises at least five sensors (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H) disposed at least one of at and adjacent to the inlet, the sensors being configured to sense five respective sweat electrolytes (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]).
For claim 4, Javey discloses the measuring device of claim 3, wherein the sweat electrolytes include Sodium ion (Na+), potassium ion (K+), Chloride ion (CI-), Calcium ions (Ca++), and magnesium ions (Mg++) (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]).
For claim 5, Javey discloses the measuring device of claim 1, wherein the sensing device includes a secondary sensing mechanism (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) for sensing at least one of sweat volume and sweat rate (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]).
For claim 6, Javey discloses the measuring device of claim 5, wherein the secondary sensing mechanism is disposed adjacent to the inlet (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]).
For claim 7, Javey discloses the measuring device of claim 5, wherein the secondary sensing mechanism includes a microfluidic channel (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]).
For claim 8, Javey discloses the measuring device of claim 7, wherein the microfluidic channel is disposed in a serpentine formation from the inlet to an outlet port (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]).
For claim 9, Javey discloses the measuring device of claim 8, wherein the secondary sensing mechanism further includes an electrical impedance sensor (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]).
For claim 10, Javey discloses the measuring device of claim 9, wherein the electrical impedance sensor has a body aligned with the microfluidic channel (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H), and two conductors connected to the body at an inlet end and to respective electric pads on the sensing device (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H).
For claim 11, Javey discloses the measuring device of claim 10, wherein the two conductors are formed such that they are at least one of spaced-apart and electrically isolated from conductors joining the at least one sensor to the electric pads (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H).
For claim 12, Javey discloses the measuring device of claim 11, wherein the two conductors are spaced-apart such that they are substantially parallel at the electric pads (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H).
For claim 13. (Currently Amended) The measuring device of claim 12, wherein the electric pads are positioned at least one of at and adjacent to an edge of the sensing device (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H).
For claim 14, Javey discloses the measuring device of claim 1, wherein the sensing device is formed from at least one of a laver and mask that has separate sensing componentry disposed thereon (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H).
For claim 15, Javey discloses the measuring device of claim 14, wherein the at least one of a layer and mask include at least one of:
a first layer having the inlet (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H);
a second layer having at least one opening in fluid communication with the inlet and including at least one sensor for sensing a respective at least one sweat electrolyte (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H);
a third layer having at least one secondary electrode for sensing sweat volume and/or sweat rate (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H); and
a fourth layer having a microfluidic channel (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H).
For claim 16, Javey discloses the measuring device of claim 8, wherein the outlet port is a waste chamber and/or hydrophobic vent (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H).
Conclusion
The cited prior art made of record on the accompanying PTO-892 and not relied upon is considered pertinent to applicant's disclosure, relating to means for measuring sweat properties with a wearable device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey G. Hoekstra whose telephone number is (571)272-7232. The examiner can normally be reached Monday through Thursday from 5am-3pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles A. Marmor II can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Jeffrey G. Hoekstra
Primary Examiner
Art Unit 3791
/JEFFREY G. HOEKSTRA/ Primary Examiner, Art Unit 3791