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
The amendment filed July 28, 2026 has been entered. Claims 1, 4, 6-8 have been amended. Claims 5 and 9 are canceled. Claims 10-15 are new. Currently, claims 1-4, 6-8 and 10-15 are pending for examination.
Response to Arguments
Applicant's arguments filed July 28, 2026 have been fully considered but they are not persuasive.
Applicant argues (p. 11-12) that Liang et al. (US 2021/0076525) does not disclose claim 1’s amended limitations of, “wherein the electrical contacts are arranged distributed over a large area over the inner surface of the main body, and wherein the detection area of the first sensor is not covered by the electrical contacts” because the electrodes 232, 233 of Liang et al. cover only a small fraction of the surface area according to Figures 4a and paragraph [0044]. Applicant argues the claimed smart ring comprises “the entire cylindrical inner surface that rests against the finger is coated with a conductive layer (to ensure continuous EDA/ECG measurement with every rotation of the ring). Only at the point where the optical sensor is located and at an opposite area is the coating specifically omitted (cut out) to form an optical window.” (p. 11). It is noted that the limitation “the electrical contacts are arranged distributed over a large area over the entire inner surface of the main body” is a broadly recited limitation. The term “a large area” can be broadly interpreted, and the original recitation of “an at least partially optically transparent inner surface facing the wearer’s skin” (lines 5-6) that is referenced by “a large area over the entire inner surface of the main body” does not require it to be the entire cylindrical inner surface that rests against the finger as argued by the applicant. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim Rejections - 35 USC § 103
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.
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.
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.
Claim(s) 1-3, 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liang et al. (US 2021/0076525) in view of Trapero Martin (US 11,106,309).
Regarding claim 1, Liang et al. discloses a ring-shaped computer device 1 (fig. 1) for wearing on the human body, which computer device is configured to continuously collect vital parameters and/or bioactive markers of a wearer ([0026]) and comprises: a main body 100 (fig. 1) with at an at least partially optically transparent inner surface 131 facing the wearer’s skin ([0040]); a first sensor 127 for optically detecting vital parameters, via the wearer’s skin ([0042], fig. 3), wherein the first sensor is separated by the wearer’s skin by at least one optically transparent detection area of the inner surface 131 ([0040]); and a second sensor 126 for determining electrical properties of the wearer’s skin by means of electrical contacts 132, 133 (“sensor 126 can be a biometric sensor and can be in electronic communication with one or both of the first contact electrode 132 and the second contact electrode 133… the sensor 126 can include an electrocardiography (EKG or ECG) sensor, an electroencephalography (EEG) sensor, an electromyography (EMG) sensor, an electrodermal activity (EDA) sensor, a bioelectrical impedance sensor” [0039]); wherein the electrical contacts are applied to the optically transparent inner surface of the main body (“A first contact electrode 132 and a second contact electrode 133 can be formed or deposited on an exterior surface of the transparent portion 131, and can extend from the exterior surface to the interior surface.” [0038]; fig. 3); and wherein the electrical contacts 132, 133 are arranged distributed over a large area over the entire inner surface of the main body 230 (fig. 3), and wherein the detection area of the first sensor 127 is not covered by the electrical contacts (fig. 4a; “one or more sensors of an electronic device, such as the optical sensors described with respect to FIGS. 2-3, can communicate with and receive light from the ambient environment through the portions of the transparent material 231 that are not covered by the first contact electrode 232 and the second contact electrode 233” [0044]). Alternatively it would have been an obvious matter of design choice to distribute the electrical contacts over a large area over the entire inner surface of the main body since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Liang et al. does not expressly disclose the first sensor 127 for optically detecting vital parameters ([0042]) is in particular for detecting a heart rate, but detecting heart rate parameters from optical sensors is known in the art as evidenced by Trapero Martin (“measure heart rate (e.g., through IR sensors, a microphone, an optical sensor, a camera, etc.)” col. 15, lines 1-3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the optical sensor 127 of Liang et al. would be capable of detecting heart rate parameters as Trapero Martin teaches this is a known parameter to determine from optical sensors.
Liang et al. does not expressly disclose the ring-shaped computer device is for wearing on a finger. Trapero Martin teaches a similar ring-shaped computer device (fig. 2, 9) comprising similar structural limitations (col. 15, lines 29-52) but acknowledges the limitations of the wrist-worn computer device can also be integrated into smart rings worn on the finger (col. 5, lines 18-20). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liang et al. and try integrating the structural limitations as disclosed into a smart ring for wearing on the finger as taught by Trapero Martin, since the prior art teaches smart rings and smart watches are similar enough in design to be contemplated to comprise the same structural features for use in collecting vital parameters, the results of such a modification being reasonably predictable, known in the art, and would not alter the overall operation of the device. Modification of the device into a smart ring would also result in a “ring-shaped main body with an at least partially optically transparent inner surface facing the wearer’s skin” as required by the claim.
Liang et al. also does not expressly disclose the computer device makes vital parameters and/or bioactive markers of the wearer available to a connected device. Trapero Martin teaches it is known in the art for a ring-shaped computer device (fig. 2, 9) to make collected vital parameters and/or bioactive markers of the wearer available to a connected device (“user interface”, “Internet of Things (IoT) device”, “servers” col. 9, lines 23-57; fig. 1). 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 ring-shaped computer device of Liang et al. to make the vital parameters and/or bioactive markers of the wearer available to a connected device as taught by Trapero Martin in order to better display, analyze or consolidate all the parameters for a more thorough analysis of the collected parameters, the results of such a modification being reasonably predictable in the art.
Regarding claim 2, Liang et al. discloses the electrical contacts 132, 133 are configured to be in contact with the wearer’s skin ([0035]), and wherein the computer device further comprises internal components: a processor, a battery ([0036]). Liang et al. does not expressly disclose the internal components comprise a printed circuit board for receiving the sensors and a data interface, and at least two battery modules for supplying power to the printed circuit board and the processor, which are interconnected to form an overall battery. Trapero Martin teaches a similar ring-shaped computer device comprising a printed circuit board 120, 140 for supporting electronic components such as sensors and data interface (fig. 1) and at least two battery modules (col. 7, lines 41-42; col. 12, lines 28-29) for supplying power to the printed circuit board and the processor, which are interconnected to form an overall battery. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liang et al. to include a printed circuit board and at least two battery modules as taught by Trapero Martin in order to better support and effectively power the electronic components within the ring-shaped computer device, the results of such a modification being reasonably predictable.
Regarding claim 3, Liang et al. discloses wherein the electrical contacts are formed by an electrically conductive thin film (“One or both of the first contact electrode 132 and the second contact electrode 133 can include a conductive film and a ceramic film” [0035]), and/or the main body is optically transparent ([0038]), and wherein the electrical contacts 132, 133 are applied to the optically transparent main body (“A first contact electrode 132 and a second contact electrode 133 can be formed or deposited on an exterior surface of the transparent portion 131, and can extend from the exterior surface to the interior surface.” [0038]; fig. 3).
Regarding claim 6, Liang et al. does not expressly disclose wherein the electrical contacts are formed in a meandering fashion on the transparent inner surface of the main body. However, it would have been an obvious matter of design choice to modify the electrical contacts to be formed in a meandering fashion on the transparent inner surface of the main body, since such a modification would have involved a mere change in the form or shape of a component, and would not have altered the conductivity or the functionality of the electrical contacts. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 149 USPQ 47 (CCPA 1976). Liang et al. also does not expressly disclose the computer device comprises two groups of electrical contacts which are arranged distributed over the inner surface. However it would have been obvious to one having ordinary skill in the art at the time the invention was made to include a second group of electrical contacts arranged distributed over the inner surface, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 7, Liang et al. discloses a via in the inner surface of the main body for contacting the internal components (“These component contacts 251, 252, 253 can be electrically coupled or connected to any desired component in the electronic device, for example, by solder, conductive inks, or any other methods or components” [0047]; fig. 5b). Liang et al. does not expressly disclose contacting in particular the printed circuit board. Trapero Martin teaches a similar ring-shaped computer device comprising a printed circuit board 120, 140 for supporting electronic internal components such as sensors and data interface through vias (fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liang et al. to include a printed circuit board as taught by Trapero Martin in order to better support and effectively power the internal components within the ring-shaped computer device, the results of such a modification being reasonably predictable.
Regarding claim 8, Liang et al. discloses a guide 232, 233 (fig. 5B) of the electrical contacts via an end face of the main body into the interior of the main body for contacting the internal components through the electrical contacts (“the first contact electrode 232 can extend from the exterior surface 234 shown in FIG. 5A, around an edge or periphery of the component 230, and to the interior surface 235. Similarly, the second contact electrode 233 can extend from the exterior surface 234 to the interior surface 235” [0047]). Liang et al. does not expressly disclose contacting in particular the printed circuit board. Trapero Martin teaches a similar ring-shaped computer device comprising a printed circuit board 120, 140 for supporting electronic internal components such as sensors and data interface through vias (fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liang et al. to include a printed circuit board as taught by Trapero Martin in order to better support and effectively power the internal components within the ring-shaped computer device, the results of such a modification being reasonably predictable.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liang et al. (US 2021/0076525) in view of Trapero Martin (US 11,106,309) and further in view of Oh et al. (US 2021/0386306).
Regarding claim 4, Liang et al. discloses wherein the main body is formed such that it is transparent to desired electromagnetic radiation of the wavelengths for the optical sensor ([0034], [0045], [0051]) and while Trapero Martin teaches optical sensors can detect heart rate (“measure heart rate (e.g., through IR sensors, a microphone, an optical sensor, a camera, etc.)” col. 15, lines 1-3), neither references disclose the heart rate sensor, in particular a photoplethysmogram (PPG). Oh et al. teaches it is known in the art for a PPG optical sensor to be used to detect heart rate through measurement of wavelengths ([0054]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liang et al. to specifically use a PPG sensor as taught by Oh et al. as it is a known optical sensor for use in detecting heart rate, the results of such a modification being reasonably predictable and would not alter the overall operation of the device.
Claim(s) 10-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wei et al. (US 2017/0347895) in view of Trapero Martin (US 11,106,309).
Regarding claim 10, Wei et al. discloses a ring-shaped computer device (fig. 15a), the computer device configured to continuously collect at least one vital parameter of a wearer ([0039]) and make data presenting the at least one vital parameter available to a connected device (fig. 1a), comprising: a ring-shaped main body (fig. 15a) defining an opening and having an inner circumferential surface facing the wearer’s skin; a first sensor 1506 disposed in the ring-shaped main body (fig. 15a) and configured to optically detect a vital parameter ([0140]); and a second sensor configured to determine an electrical property of the wearer’s skin (“form a plurality of electrocardiographic leads used to detect potential differences between a pair of points on the body of the subject” [0188]) using first and second electrically isolated electrical contacts 1503, 1504 disposed directly on the inner circumferential surface (fig. 15a-b), wherein the first electrical contact 1503 extends circumferentially along a first path from one area of the inner circumferential surface to an area opposite the area, and the second electrical contact 1504 extends circumferentially along a second path from the area of the inner circumferential surface to the opposite area (fig. 15b), wherein the first and second electrical contacts are separated from one another at the area of the inner circumferential surface and at the opposite area, the area of the inner circumferential surface is free of the first and second electrical contacts (fig. 15b).
Wei et al. does not expressly disclose (1) at least a portion of the inner circumferential surface being formed of an optically transparent material, (2) the first and second electrically isolated electrical contacts disposed directly on the optically transparent material forming the inner circumferential area, (3) that the first sensor optically detects the vital parameter through an optically transparent detection area of the inner circumferential surface or (4) the first and second electrical contacts extending from the optically transparent detection area to an area opposite the optically transparent detection area, (5) wherein the first and second electrical contacts are separated from one another at the optically transparent detection area and at the opposite area. Wei et al. does teach (1) using an optically transparent material like silica gel (“light-transparent material including… silica gel” [0152]) is a suitable material for use as an inner circumferential surface facing a wearer’s skin (“The material of the watch strap 820 may be… silica gel” [0133], [0137]), (2) first and second electrodes disposed directly on the optically transparent material (“the first electrode 710 and the second electrode 720 may be fixed on the watch strap 820 by pouring a material including, for example, silica gel, plastic, etc., when the watch strap 820 is formed” [0137]) and (3) to use this light-transparent material as an optically transparent detection area (“lens”) of the inner circumferential surface through which an optical sensor 780 detects a vital parameter ([0152]). 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 embodiment of Figure 15a to select an optically transparent material for at least a portion of the inner circumferential surface and as an optically transparent detection area within hole 1505 through which the first sensor optically detects the vital parameter as taught by Wei et al. since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Modification of the ring-shaped computer device to use light-transparent material as an optically transparent detection area 1505 for first sensor 1506 would result in (4) the first and second electrical contacts 1503, 1504 extending from the optically transparent detection area 1505 to an area opposite the optically transparent detection area, (5) wherein the first and second electrical contacts are separated from one another at the optically transparent detection area 1505 and at the opposite area since the structural relationship shown in Figure 15b would not change during the modification of the material for the optically transparent detection area.
Liang et al. does not expressly disclose the ring-shaped computer device defines a finger-receiving opening. Trapero Martin teaches a similar ring-shaped computer device (fig. 2, 9) comprising similar structural limitations (col. 15, lines 29-52) but acknowledges the limitations of the wrist-worn computer device can also be integrated into smart rings worn on the finger (col. 5, lines 18-20). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wei et al. and try integrating the structural limitations as disclosed into a smart ring for wearing on the finger as taught by Trapero Martin, since the prior art teaches smart rings and smart watches are similar enough in design to be contemplated to comprise the same structural features for use in collecting vital parameters, the results of such a modification being reasonably predictable, known in the art, and would not alter the overall operation of the device. Modification of the device into a smart ring would also result in a “ring-shaped main body defining a finger-receiving opening” as required by the claim.
Regarding claim 11, Wei et al. discloses wherein the inner circumferential surface is formed in one piece (fig. 15b), and wherein the optically transparent detection area 1505 is an integral portion of the one-piece inner circumferential surface ([0152]).
Regarding claim 12, Wei et al. discloses wherein the optically transparent detection area 1505 and the area opposite the detection area define boundaries between a first circumferential half and a second circumferential half of the inner circumferential surface (fig. 15b), and wherein the first and second electrical contacts 1503, 1504 comprise respective thin electrically conductive layers conforming to and distributed over the first and second circumferential halves ([0138], fig. 15b).
Regarding claim 13, Wei et al. discloses wherein the first sensor 1506 is disposed in an interior space 1505 of the ring-shaped main body on a side of the optically transparent detection area opposite the opening, and wherein an optical measurement path 1513 extends from the first sensor through the optically transparent detection area into the opening (fig. 15b).
Regarding claim 14, Wei et al. discloses wherein the first sensor 1506 and at least a portion of the second sensor 1503, 1504 are arranged together in a sensor assembly disposed in an interior space of the ring-shaped main body adjacent the optically transparent detection area 1505, the first sensor comprises a photoplethysmographic sensor ([0129]) and the second sensor comprising an electrodermal activity sensor (“detect potential differences” [0188]).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wei et al. (US 2017/0347895) in view of Trapero Martin (US 11,106,309) and further in view of von Badinski et al. (US 2018/0120892).
Regarding claim 15, Wei et al. discloses a processor 1509 within the ring-shaped main body wherein the first sensor and the second sensor are electrically connected to the processor (fig. 15b) but does not expressly disclose a flexible printed circuit board disposed within the ring-shaped main body and curved to conform to the ring-shaped form of the main body, wherein the first sensor and the second sensor are electrically connected to the flexible printed circuit board. Von Badinski et al. teaches a similar ring-shaped computer device (fig. 12f) comprising a flexible printed circuit board 1220 for supporting electronic components such as sensors ([0286]) and other components 1230, the flexible printed circuit board allowing for it to be geometrically configured within a ring shaped internal space 1220 ([0161]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wei et al. to include a flexible printed circuit board that can be curved to conform to the ring-shaped form of the main body as taught by von Badinski et al. in order to better support and effectively power the electronic components within the ring-shaped computer device, the results of such a modification being reasonably predictable.
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 ERICA S LEE whose telephone number is (571)270-1480. The examiner can normally be reached M-F 8-7pm, flex.
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/ERICA S LEE/Primary Examiner, Art Unit 3796
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