DETAILED ACTION
This action is pursuant to the claims filed on 06/28/2024. Claims 1-20 are pending. A first action on the merits of claims 1-20 is as follows.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/06/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 14 is/are objected to because of the following informalities:
Claim 14: “wherein the first direction is parallel to a surface of the skin” should read “wherein the first direction is configured to be parallel to a surface of the skin.” To maximize clarity. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 6 and 16 are 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.
The term “approximately Y-shaped” in claim 6 is a relative term which renders the claim indefinite. The term “approximately Y-shaped” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 16 recites “a channel arranged on a second side … wherein the second side is a side … along a third direction” and parent claim 15 recites “an anti-slip strip arranged on a first side … wherein the first side is a side … along the first direction”. The relationship between the first side being a side along the first direction and the second side being a side along a third direction of the device is unclear. The examiner looked toward the specification for clarity and found Figure 6 disclosing the anti slip strip 370 and channel 380 disposed on the same side of the device. The claim appears to attempt to recite the channel and anti slip strip being on different sides of the device, however applicant’s disclosure suggests otherwise.
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, 6-12, 14-15, and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang (U.S. PGPub No. 2014/0005515).
Regarding claim 1, Huang teaches A physiological signal acquisition device, comprising: a first insulating membrane (Fig 1 base layer 20), wherein at least two first guide grooves are arranged in a first direction on the first insulating membrane (Figs 1-2, anti skidding sections 21 define guide grooves on both ends of device), and the at least two first guide grooves are insulated from each other (see Figs 1-2); first absorbent members configured to absorb moisture, wherein the first absorbent members are arranged in the at least two first guide grooves (Figs 1-2, water absorption unit 30); and at least two electrodes configured to contact a skin and acquire physiological signals (Figs 1-2, electrode pads 11 with conductive zones 112), wherein the at least two electrodes cover the at least two first guide grooves and are attached to surfaces of the first absorbent members near the skin (see Figs 1-2); and an insulating water-conducting layer configured to guide moisture on a surface of the skin to a side away from the skin (Fig 4, nonconducting portion of electrode pad 11 (formed from non-conductive fibrous yarns [0027]) guides excess water away from skin back to the water absorption unit 30 as disclosed in [0031]).
Regarding claim 6, Huang teaches wherein a cross-section of a side wall of each of the at least two first guide grooves perpendicular to a third direction is approximately Y-shaped, and the third direction is perpendicular to a plane of the first direction and a second direction (Figs 2, 4, 7 anti skid section 21 is approximately Y-shaped in the claimed cross-section).
Regarding claim 7, Huang teaches wherein the first insulating membrane is a grid structure (Fig 1 and [0031] base layer 20 is a fabric layer, known to have a grid microstructure).
Regarding claims 8-10, Huang teaches a second insulating membrane, wherein the second insulating membrane is positioned on a side of the physiological signal acquisition device away from the skin (Fig 4, base layer 20 is defined by water proof polyester fiber layer 22 and lower fabric layer 23); wherein the second insulating membrane is a grid structure ([0031] fabric layer 23 comprises a grid microstructure as is known with fabric layers); wherein a material of the first insulating membrane or a material of the second insulating membrane includes at least one of rubber, polymer, or silicone ([0031] polyester fiber layer 22 is a polymer).
Regarding claim 11, Huang teaches a modified fabric configured to prevent absorbed moisture from conducting transversally in the first direction, wherein the modified fabric is positioned on a side of the physiological signal acquisition device away from the skin (Fig 4, water proof layer 22 prevents water from travelling transverse to the first direction).
Regarding claim 12, Huang teaches wherein the at least two electrodes include conductive fabric electrodes (Figs 1-4, conductive zones 112 of each electrode define conductive fabric yarn), and the at least two electrodes allow the moisture to penetrate and be absorbed by the first absorbent members ([0027] electrodes allow moisture penetration).
Regarding claim 14, Huang teaches wherein the first direction is parallel to a surface of the skin (see Fig 1, first direction is lengthwise across the device which is parallel to skin surface).
Regarding claim 15, Huang teaches an anti-slip strip arranged on a first side of the physiological signal acquisition device, wherein the first side is a side of the physiological signal acquisition device along the first direction (Fig 4, anti skid sections 31 on first side of device in first direction), and the anti-slip strip is configured to prevent slipping and prevent the moisture from flowing in the first direction ([0028] anti skid sections prevent slipping of water absorption unit 30 and thus prevent water flow in first direction).
Regarding claim 17, Huang teaches A wearable device, comprising a physiological signal acquisition device, wherein the physiological signal acquisition device includes: a first insulating membrane (Fig 1 base layer 20), wherein at least two first guide grooves are arranged in a first direction on the first insulating membrane (Figs 1-2, anti skidding sections 21 define guide grooves on both ends of device), and the at least two first guide grooves are insulated from each other (see Figs 1-2); first absorbent members configured to absorb moisture, wherein the first absorbent members are arranged in the at least two first guide grooves (Figs 1-2 water absorption units 30); at least two electrodes configured to contact a skin and acquire physiological signals (Figs 1-2, electrode pads 11 with conductive zones 112), wherein the at least two electrodes cover the at least two first guide grooves and are attached to surfaces of the first absorbent members near the skin (see Figs 1-2); and an insulating water-conducting layer configured to guide moisture on a surface of the skin to a side away from the skin (Fig 4, nonconducting portion of electrode pad 11 (formed from non-conductive fibrous yarns [0027]) guides excess water away from skin back to the water absorption unit 30 as disclosed in [0031]).
Regarding claim 18, Huang teaches a modified fabric configured to prevent absorbed moisture from conducting transversally in the first direction, wherein the modified fabric is positioned on a side of the physiological signal acquisition device away from the skin (Fig 4, water proof layer 22 prevents water from travelling transverse to the first direction).
Regarding claim 19, Huang teaches wherein the at least two electrodes include conductive fabric electrodes (Figs 1-4, conductive zones 112 of each electrode define conductive fabric yarn), and the at least two electrodes allow the moisture to penetrate and be absorbed by the first absorbent members ([0027] electrodes allow moisture penetration).
Regarding claim 20, Huang teaches an anti-slip strip arranged on a first side of the physiological signal acquisition device, wherein the first side is a side of the physiological signal acquisition device along the first direction (Fig 4, anti skid sections 31 on first side of device in first direction), and the anti-slip strip is configured to prevent slipping and prevent the moisture from flowing in the first direction ([0028] anti skid sections prevent slipping of water absorption unit 30 and thus prevent water flow in first direction).
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.
Claim(s) 2-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang.
Regarding claims 2-3, Huang further teaches wherein the device can include more than two electrode pads 11 ([0035]) and a plurality of water absorption units 30, wherein a plurality refers to a number that is equal to or greater than two ([0032]).
Huang fails to explicitly teach at least one second guide groove arranged in the first direction, wherein each of the at least one second guide groove is positioned between two adjacent first guide grooves of the at least two first guide grooves, and a second absorbent member is arranged in the at least one second guide groove; wherein a material of the second absorbent member is the same as a material of the first absorbent members.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Huang to incorporate a second guide groove in a first direction with a water absorbent member of the same material between the two adjacent first guide grooves by providing a third electrode pad between the first two electrode pads to arrive at claims 2-3. Doing so would be a simple matter of incorporating a third electrode pad to the device to yield the predictable result of providing a physiological recording device with three physiological sensors ([0032] [0035] disclosing device can comprise 3 electrode pads 11).
Regarding claim 4, in view of the combination of claim 2 above, Huang teaches wherein the insulating water-conducting layer covers the at least one second guide groove and is attached to a surface of the second absorbent member near the skin (Fig 4, nonconducting portion of electrode pad 11 (formed from non-conductive fibrous yarns [0027]) covers at least a part of the guide groove 21 and is attached to a portion of the absorbent member 30 near skin as disclosed in [0031]; examiner notes above teachings rely upon the modification of claim 2 above incorporating a third equivalent electrode pad 11 between the two electrode pads, such that the above citations are referenced to the third electrode pad 11 having the second guide groove, insulating water conducting layer, and second absorbent member as claimed). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Huang to incorporate the water conducting layer covering the second guide groove and attached to the second absorbent member as claimed by providing a third electrode pad between the first two electrode pads to arrive at claim 4. Doing so would be a simple matter of incorporating a third electrode pad to the device to yield the predictable result of providing a physiological recording device with three physiological sensors ([0032] [0035] disclosing device can comprise 3 electrode pads 11).
Regarding claim 5, in view of the combination of claim 4 above, Huang teaches wherein the insulating water-conducting layer in each of the at least one second guide groove does not contact a side wall of the second guide groove (Fig 1, nonconducting portion of electrode pad 11 does not contact the side wall of the guide grooves 21; examiner notes above teachings rely upon the modification of claims 2 and 4 above incorporating a third equivalent electrode pad 11 between the two electrode pads, such that the above citations are referenced to the third electrode pad 11 having the second guide groove, insulating water conducting layer, and second absorbent member as claimed). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Huang to incorporate the water conducting layer covering the second guide groove and not contacting a side wall of the second guide groove as claimed by providing a third electrode pad between the first two electrode pads to arrive at claim 5. Doing so would be a simple matter of incorporating a third electrode pad to the device to yield the predictable result of providing a physiological recording device with three physiological sensors ([0032] [0035] disclosing device can comprise 3 electrode pads 11).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of Chen (U.S. PGPub No. 2016/0278702).
Regarding claim 13, Huang teaches a variety of interchangeable absorbent materials without limitation ([0029]).
Huang fails to explicitly teach the material of the first absorbent members include sponge or quick drying material.
In related prior art, Chen teaches that a similar absorbent member includes sponge ([0024]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first absorbent members of Huang in view of Chen to incorporate sponge to arrive at claim 13. Doing so would be a simple substitution of one well-known absorbent material (Huang [0029]) for another well-known absorbent material (Chen [0024]) to yield the predictable result of a material capable of absorbing liquid.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of Davis (U.S. Patent No. 11,019,734).
Regarding claim 16, Huang teaches the device of claim 15 as stated above.
Huang fails to teach a channel arranged on a second side of the physiological signal acquisition device, wherein the second side is a side of the physiological signal acquisition device along a third direction, and the channel is configured to guide the moisture to flow in the first direction.
In related prior art, Davis teaches a similar device comprising a channel arranged on a second side of the physiological signal acquisition device (Fig 5B, channel 520), wherein the second side is a side of the physiological signal acquisition device along a third direction, and the channel is configured to guide the moisture to flow in the first direction (Fig 5B and modified Fig 5A below, and Col 25 lines 25-41, channel 520 is on a side of device along a third direction and directs sweat to flow in first direction). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Huang in view of Davis to incorporate the sweat channel on a second side of the device that guides moisture to flow in the first direction to arrive at claim 16. Doing so would advantageously enable sweat to flow away from the physiological sensors to avoid interference with the acquired signals (Col 25 lines 25-41).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam Z Minchella whose telephone number is (571)272-8644. The examiner can normally be reached M-Fri 7-3 EST.
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/ADAM Z MINCHELLA/Primary Examiner, Art Unit 3794