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 .
Election/Restrictions
Claim 5 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 9/8/26.
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 1-8 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. It is unclear in claim 1 if the third signal is the signal that does not pass through the first line is it then the signal that passes through the ground conductor or is it a signal directly from the oscillator circuit that does not pass through the substrate. Claim 7 then further claims that the third signal is the signal that passes through the second signal line but there is no second signal line in claim 1.
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, 6 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Guarin et al. US 2018/0325431.
Regarding claims 1 and 9, Guarin discloses a measuring apparatus comprising:
a first substrate made of a dielectric and having a first signal line against which a living body is to be pressed, and a ground conductor ([¶40] device is a substrate for interrogating skin hydration. [FIG.5E][¶79] substrate 194 with signal line 192 and ground 196);
an oscillator circuit that produces a first signal of alternating current ([¶108] an RF source and oscillator provide to the substrate device); and
an arithmetic circuit that acquires biological information based on a comparison between a second signal and a third signal, the second signal corresponding to the first signal that has passed through the first signal line, the third signal corresponding to the first signal that did not pass through the first signal line ([¶41] the modified wave measure from the body by signal line 192 is compared with the emitted signal to determine hydration).
Regarding claim 2, Guarin discloses the first signal line and the ground conductor are provided so as to be spaced apart from each other on the first substrate ([FIG.5E] the first signal line and ground are spaced apart on opposing faces of the substrate), and a surface area of the ground conductor is larger than a surface area of the first signal line when viewed in a plan view ([¶79][FIG.5E] the ground is wider than the signal line).
Regarding claim 3, Guarin discloses the first signal line is covered with an insulator coating, and a living body is pressed against the first signal line through the coating ([¶79] passivation layer 198).
Regarding claim 4, Guarin discloses a phase detector that detects a phase difference between the second signal and the third signal, wherein the arithmetic circuit acquires the biological information based on the phase difference ([¶41,109] phase is detected and compared as part of the hydration determination).
Regarding claim 6, Guarin discloses the first signal line is provided on a first face of the first substrate, and the ground conductor is provided on a second face of the first substrate opposite to the first face ([FIG.5E] the first signal line and ground are spaced apart on opposing faces of the substrate).
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.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guarin in view of Baheti et al. US 2019/0216393.
Guarin does not specifically disclose a second substrate. Baheti, however, teaches a similar physiological sensing device that has a second substrate provided at a position opposed to the second face ([FIG.3C][¶52] second substrate 304 opposite the first substrate 302), the ground conductor being sandwiched between the first substrate and the second substrate ([FIG.3C][¶52] m2 functions as ground); and a second signal line against which a living body is not to be pressed, provided on a face of the second substrate opposite to a face on which the ground conductor is provided ([FIG.3C][¶52] m3 is the second signal line), wherein the third signal corresponds to the first signal that passes through the second signal line ([FIG.3C][¶52] m3 acts as the feed line so that would be the signal that has not passed through the first signal line).
Regarding claim 8, Guarin discloses the biological information is a permittivity of a living body, a blood sugar level of a living body, or an amount of cancer cells in a living body ([¶80-81] permittivity as it relates to glucose and water content is determined by the processing device).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ANTHONY CATINA whose telephone number is (571)270-5951. The examiner can normally be reached 10-6pm.
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/MICHAEL A CATINA/Examiner, Art Unit 3791 /TSE CHEN/Supervisory Patent Examiner, Art Unit 3791
