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 .
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.
In the instant application, currently no claim limitations invoke a 35 USC 112(f) interpretation.
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 3 and 6 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 “sensitive” in claims 3 and 6 is a relative term which renders the claim indefinite. The term “sensitive” 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. The recitation of “sensitive thermal conducting titanium steel” in claims 3 and 6 renders the claim indefinite because the claim and the specification does not explicitly define or provide a standard for ascertaining when a “thermal conducting titanium steel” becomes “sensitive”. Said another way, there are many different titanium/steel alloys, and the instant disclosure does not describe any discerning thermal conductivity properties that would differentiate nn alloy as “sensitive thermal conducting titanium steel” opposed to a “non-sensitive thermal conducting titanium steel”.
For the purpose of advancing prosecution and examining the claims on the basis of prior art, the examiner will interpret any titanium steel alloy as “sensitive thermal conducting titanium steel”.
Claim Rejections - 35 USC § 102
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.
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.
Claims 1-2 and 4-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (US 5,813,766).
Regarding claims 1 and 2; Chen discloses a wearable device (figures 1-3) for monitoring body temperature (column 1, lines 54-61), the wearable device comprises:
a housing (combined elements 2 and 11) adapted as a ring (element 1) configured to be worn on a finger of a user (column 1, line 54 – column 2, line 19; figures 1-3); and
a heat sensor (thermistor elements 41), configured to measure body temperature from the finger (column 2, lines 65-66), the heat sensor encased within the housing (wherein element 41 is located within the housing between element 2 and 11 and thus encased within the housing; column 2, line 10 – column 3, line 30; figures 1-3).
Further regarding claim 2; Chen discloses the wearable device further comprises: a display (element 33) disposed on an outer surface of the housing (see element 33 in figures 1-3); and a control unit (circuit board element 4) configured to display the measured body temperature on the display (column 2, lines 49 – column 3, line 30, specifically column 2, lines 65-66).
Regarding claims 4 and 5; Chen discloses method for monitoring a body temperature of a user (column 1, lines 54-61), the method comprising:
adapting a housing (combined element 2 and 11) in a form of a finger ring (element 1, figures 1-3);
encasing a heat sensor (thermistor element 41) within the housing (elements 2 and 11), the heat sensor (element 41) is configured to measure the body temperature from a finger in which the device is worn (column 2, lines 49-66);
coupling a control unit (circuit board element 4) with the heat sensor (element 41), the control unit encased within the housing (wherein circuit board element 4 is encased between elements 2 and 11 of the housing);
coupling a display (element 33) to an external surface of the housing (wherein LCD element 33 extends through element 24 of housing element two to be coupled to the external surface of housing, column 2, lines 9-62; figures 1-3;); and
displaying the measured temperature on the display (column 2, lines 65-66).
Further regarding claim 5; Chen discloses wearing the wearable device (element 1) on the finger by the user (column 1, lines 49-61).
Claims 1-2 and 4-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bhagat et al (US 2021/0177353).
Regarding claims 1 and 2; Bhagat discloses a wearable device (element 1000; figure 1) for monitoring body temperature (paragraphs [0006], [0042]-[0044]), the wearable device comprises:
a housing (element 6100 and 6300) adapted as a ring (figure 1, 6 and 7) configured to be worn on a finger of a user (configured to be worn on the digit of a user; paragraph [0006]); and
a heat sensor (temperature sensor elements 5700, 6600, paragraphs [0053]-[0054]; figure 5b, 7), configured to measure body temperature from the finger (measures body surface temperature at location of sensor; column [0042]-[0051]), the heat sensor encased within the housing (wherein temperature sensor element 6600 is located on PCBA layer 6200 which is encased within ring shell element 6100 and overmold layer element 6300 and are thus encased within the housing; paragraph [0054]-[0055]; figures 6-7).
Further regarding claim 2; Bhagat discloses the wearable device further comprises: a display (element 6210) disposed on an outer surface of the housing (figures 1-4 and 6-7); and a control unit (PCBA elements 5000 or 6200) configured to display the measured body temperature on the display (paragraphs [0054]-[0055]; figures 6-7).
Regarding claims 4 and 5; Bhagat discloses method for monitoring a body temperature of a user (paragraphs [0006], [0042]-[0044]), the method comprising:
adapting a housing (combined elements 6100 and 6300) in a form of a finger ring (element 6000, figures 6-7);
encasing a heat sensor (element 6600) within the housing (elements 6100 and 6300; paragraphs [0054]-[0055]), the heat sensor (element 6600) is configured to measure the body temperature from a finger in which the device is worn (measures local temperature or body surface temperature at location of sensor; paragraphs [0047], [0051]-[0055]);
coupling a control unit (PCBA element 6100; paragraph [0045]) with the heat sensor (element 6600), the control unit encased within the housing (paragraphs [0054]-[0055]; figures 6-7);
coupling a display (element 6210) to an external surface of the housing (wherein element 6210 is coupled to outer surface of house element 6300 when constructed; paragraphs [0054]-[0055]; figures 6-7); and
displaying the measured temperature on the display (paragraphs [0042] and [0055]).
Further regarding claim 5; Bhagat discloses wearing the wearable device (element 6000) on the finger by the user (paragraphs [0005]-[0006], [0042]).
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.
Claims 3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Chen as applied to claims 1-2 and 4-5 above, and further in view of Ikeda et al (US 2016/0066839).
Regarding claims 3 and 6; Chen is described in the rejection of claims 1-2 and 4-5 above; furthermore, Chen discloses the use of a thermally conductive rod (element 14) as part of the ring housing (wherein it is noted that element 14 is disposed in and part of housing element 11; figures 1-2) to transfer heat from the user’s finger to the heat sensor (column 2, lines 51-56).
However, Chen does not explicitly disclose the use of a thermal conducting titanium steel for the housing.
Ikeda teaches the use of titanium and stainless steel material as a heat transfer material in a similar ring apparatus which measure heat from the finger a user (abstract) such that heat is transferred as uniformly as possible from the skin (paragraph [0057]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Chen’s thermally conductive rod (element 14) to be made out of a thermal conducting material such as titanium or stainless steel as taught by Ikeda in order to promote uniform heat transfer from the skin to the thermistor. Furthermore, it would have been obvious to utilize a thermally conductive titanium steel as the selection of a known material based on its suitability for its intended use (see MPEP 2144.07) wherein the examiner notes that titanium steel is a known thermally conductive material which would serve the same purpose as Chen’s thermally conductive rod element 14 (which is disclosed as platinum).
Claims 3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Bhagat as applied to claims 1-2 and 4-5 above, and further in view of Ikeda et al (US 2016/0066839).
Bhagat is described in the rejection of claims 1-2 and 4-5 above; furthermore, Bhagat discloses the ring shell (element 1200 and 6100) which contact the finger as part of the housing and further that the construction and arrangement of the ring are illustrative and many modifications are possible including the use of material and components (paragraph [0085]).
However, Bhagat is silent to the housing being made of thermal conducting titanium steel.
Ikeda teaches the use of titanium and stainless steel materials as a heat transfer material in a similar ring apparatus which measure heat from the finger a user (abstract) such that heat is transferred as uniformly as possible from the skin (paragraph [0057]).
As such, Bhagat discloses a ring having a skin contacting housing surface (element 1200 and 6100) and measure skin surface temperature (see rejection of claims 1-2 and 4-5 above). Ikeda teaches use of titanium and stainless steel as thermally conductive materials which promote uniform heat transfer to accurate measurements. Therefore, it would have been obvious to one of ordinary skill at the time of filing to modify Bhagat such that the housing is made of titanium or stainless steel material as taught by Ikeda in order to promote uniform heat transfer from the skin surface to the temperature sensor. Furthermore, it would have been obvious to one of ordinary skill at the time of filing to utilize a thermally conductive titanium steel as the selection of a known material based on its suitability for its intended use (see MPEP 2144.07) wherein the examiner notes that titanium steel is a known thermally conductive material which would serve the as the housing material of Bhagat to transfer heat to the temperature sensor to promote accurate readings.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 2024/0058686 to Bhandarkar et al; discloses a smart wearable ring device with skin temperature sensing.
US 2016/0066827 to Workman et al; discloses a pulse oximetry ring with skin temperature sensing.
US 2019/0131812 to Lee et al; discloses a portable electronic ring device with body temperature sensing.
US 3,951,133 to Reese; discloses a ring device to display skin temperature changes.
US 10,660,536 to Wang et al; discloses a wearable biometric measurement ring device with body temperature sensing.
US 12,077,193 to Sanchez; discloses a smart ring with temperature sensing capabilities.
US 2018/0192905 to Wang et al; discloses a wearable biometric ring measurement device with body temperature sensing.
US 12,436,565 to Chen et al; discloses a smart ring with body temperature sensing capabilities.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J EISEMAN whose telephone number is (571)270-3818. The examiner can normally be reached Monday - Friday (7:00 AM - 4:00 PM).
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/ADAM J EISEMAN/ Primary Examiner, Art Unit 3791