DETAILED ACTION
This action is in response to the Response to Election/Restriction filed 6/29/2026. Currently, claims 1-12 are pending in the application. Claim 10 is withdrawn and not examined at this point.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election without traverse of Species I, Figures 1-5 and 7 (corresponding to claims 1-9 and 11-12) in the reply filed on 6/29/2026 is acknowledged.
Claim 10 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/29/2026.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the abstract includes legal phraseology, which is not permitted. The term “comprises” should be removed from the abstract to avoid this error. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim 3 is objected to because of the following informalities: in order to maintain consistency and clarity throughout the claim(s), “the operation part” in lines 3-4 of the claim should be amended to recite ---the operating part---. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: in order to maintain consistency and clarity throughout the claim(s), “the sensed information” in lines 6-7 of the claim should be amended to recite ---the sensing information---. Appropriate correction is required.
Claims 6-8 are objected to because of the following informalities: in order to maintain consistency and clarity throughout the claim(s), all recitations of “the preventer” should be amended to recite ---the snoring and sleep apnea preventer---. Appropriate correction is required.
Claim 12 is objected to because of the following informalities: in order to correct a typographical/grammatical error, “wherein the first measuring member, the second measuring member and the third measuring member are configured to generate different information each other” should be amended to recite ---wherein the first measuring member, the second measuring member and the third measuring member are configured to generate different information from each other---. 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 2-5 and 12 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. Claim 2 recites the limitation "the sensing information sensing at least one of lung capacity, body temperature, noise and vibration of the user and oxygen saturation" in lines 2-3 of the claim. There is insufficient antecedent basis for this limitation in the claim. Claims 3-5 and 12 depend on claim 2 and therefore, include the same error.
Claims 4, 5 and 12 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. Claim 4 recites “the oxygen saturation is within 80 to 90 among the sensing information.” It is unclear what magnitude or unit of measure Applicant intends to refer to. For purposes of examination, the examiner will interpret the claim limitation to mean ---the oxygen saturation is among the sensing information---. Claims 5 and 12 depend on claim 4 and therefore, include the same error.
Claims 5 and 12 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. Claim 5 recites the limitation "the elapsed time from the point when the sensor unit mounted in the user" in lines 8-9 of the claim. There is insufficient antecedent basis for this limitation in the claim. Claim 12 depends on claim 5 and therefore, includes the same error.
Claims 5 and 12 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. Claim 5 recites the limitation "the third information" in lines 10-11 of the claim. There is insufficient antecedent basis for this limitation in the claim. Claim 12 depends on claim 5 and therefore, includes the same error.
Claims 5 and 12 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. Claim 5 recites “lung capacity, body temperature, noise, and vibration of the sensing information.” It is unclear how information can have lung capacity, body temperature, noise, and vibration, as claimed. The intended meaning of claim 5 is therefore, unable to be determined by the examiner. Claim 12 depends on claim 5 and therefore, includes the same error.
Claims 5 and 12 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. Claim 5 recites “the oxygen saturation of the sensed information.” It is unclear how information can have oxygen saturation (which is a physiological element), as claimed. The intended meaning of claim 5 is therefore, unable to be determined by the examiner. Claim 12 depends on claim 5 and therefore, includes the same error.
Claims 7-9 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. Claim 7 recites the limitation "the third information" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim. Claims 8 and 9 depend on claim 7 and therefore, includes the same error.
Claims 7-9 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. Claim 7 recites the limitation "the preset routine" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim. Claims 8 and 9 depend on claim 7 and therefore, includes the same error.
Claims 7-9 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. Claim 7 recites the limitation "the received 3rd information" in line 4 of the claim. There is insufficient antecedent basis for this limitation in the claim. Claims 8 and 9 depend on claim 7 and therefore, includes the same error.
Claim 8 is 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. Claim 8 recites “the management server is configured to a pattern of snoring and sleep apnea symptoms of the user” in lines 1-2 of the claim. The meaning of this claim limitation is unclear. For purposes of examination and in view of the specification, the examiner will interpret this claim limitation to mean ---the management server is configured to analyze a pattern of snoring and sleep apnea symptoms of the user---.
Claim 8 is 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. Claim 8 recites the limitation "the third information" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 is 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. Claim 9 recites the limitation "the third information" in line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 is 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. Claim 9 recites the limitation "the second information" in lines 3-4 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 is 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. Claim 9 recites “the elapsed time of the third information with the second information.” The meaning of this claim limitation is unclear. The intended meaning of claim 9 is therefore, unable to be determined by the examiner.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SHIN (US 2018/0228644 A1).
Regarding claim 1, SHIN teaches in Figure 5, [0013], [0040], [0049] and [0056]
a sensor part (sensing portion 180) configured to be mounted on a body part of the user ([0049] teaches “the sensing portion 180 may be located on at least one of the upper teeth mounting portion 110 and the lower teeth mounting portion 120;” [0040] teaches “an upper teeth mounting portion 110 on which upper teeth 210 of a human body are mountable, a lower teeth mounting portion 120 on which lower teeth 310 of the human body are mountable”) and to collect sensing information to determine snoring and sleep apnea symptoms occurring in the user ([0049] teaches “the sensing portion 180 may include a snoring sensor 184 which senses a snoring or sleep apnea state”);
an operating part (upper teeth mounting portion 110 and lower teeth mounting portion 120) configured to be mounted in the user's mouth ([0040] teaches “an upper teeth mounting portion 110 on which upper teeth 210 of a human body are mountable, a lower teeth mounting portion 120 on which lower teeth 310 of the human body are mountable”) and to move the user's a mandible of the user in response to the sensing information ([0040] teaches “moving the lower teeth mounting portion 120 relative to the upper teeth mounting portion 110 according to a sensing result of the sensing portion 180”); and
a control part (driving portion 190 and the “controller” taught in [0013]; [0056] teaches “the controller may be electrically connected to the sensing portion 180 and the driving portion 190”) configured to control the operating part (upper teeth mounting portion 110 and lower teeth mounting portion 120) based on the sensing information sensed via ([0040] teaches “a driving portion 190 capable of moving the lower teeth mounting portion 120 relative to the upper teeth mounting portion 110 according to a sensing result of the sensing portion 180”) the sensor part (sensing portion 180), and controlling the operating part (upper teeth mounting portion 110 and lower teeth mounting portion 120) in stages to control snoring and sleep apnea symptoms occurring in the user ([0049] teaches “the sensing portion 180 may include a snoring sensor 184 which senses a snoring or sleep apnea state;” [0056] teaches “In this case, the controller may wirelessly receive a sensing signal and may wirelessly transmit a control signal (a driving signal for the driving portion 190) to the power portion for driving the driving portion 190. Accordingly, the lower teeth mounting portion 120 may be moved forward. The airway near a pharynx is maintained in an opened state by the advanced lower teeth mounting portion 120 expanded to make an airflow in the airway smooth.”).
Regarding claim 2, SHIN teaches the apparatus of claim 1. SHIN teaches in [0013], [0040], [0049] and [0051-0052] that the sensor part (sensing portion 180) is configured to transmit the sensing information sensing at least one of lung capacity, body temperature, noise and vibration of the user ([0049] teaches “the sensing portion 180 may include a snoring sensor 184 which senses a snoring or sleep apnea state;” [0051] teaches “the snoring sensor 184 may be a sensor capable of sensing an air flow which passes through a narrowed airway or sensing an external sound such as snoring and the like”) and oxygen saturation ([0052] teaches “sensing portion 180 may include an oxygen saturation sensor”), to ([0040] teaches “a driving portion 190 capable of moving the lower teeth mounting portion 120 relative to the upper teeth mounting portion 110 according to a sensing result of the sensing portion 180;” [0051] teaches “when the snoring sensor 184 senses a sleep disorder, the driving portion 190 and the posture sensor 182 operate”; [0052] teaches “when obstructive sleep apnea occurs, the oxygen saturation sensor may detect a reduction in an oxygen supply amount in the human body and allow the driving portion 190 to operate”) the control part (driving portion 190 and the “controller” taught in [0013]).
Regarding claim 3, SHIN teaches the apparatus of claims 1 and 2. SHIN teaches in [0013], [0040], [0052] and [0074] that the control part (driving portion 190 and the “controller” taught in [0013]) is configured to determine a snoring and sleep apnea state of the user based on oxygen saturation among the sensing information transmitted by ([0052] teaches “sensing portion 180 may include an oxygen saturation sensor”) the sensor part (sensing portion 180), controls the operation part (upper teeth mounting portion 110 and lower teeth mounting portion 120) in stages according to a preset (inasmuch as the operation was predetermined during design of the device) routine ([0074] teaches “the sensing portion 180 may sense a sleeping posture or snoring and may transmit a signal to the controller;” [0052] teaches “when obstructive sleep apnea occurs, the oxygen saturation sensor may detect a reduction in an oxygen supply amount in the human body and allow the driving portion 190 to operate;” [0040] teaches “a driving portion 190 capable of moving the lower teeth mounting portion 120 relative to the upper teeth mounting portion 110 according to a sensing result of the sensing portion 180”).
Regarding claim 4, SHIN teaches the apparatus of claims 1-3. SHIN teaches in [0013], [0052] and [0074] that the control part (driving portion 190 and the “controller” taught in [0013]) is configured to determine a snoring and sleep apnea state of the user if the oxygen saturation is among the sensing information transmitted by ([0052] teaches “sensing portion 180 may include an oxygen saturation sensor;” [0052] teaches “when obstructive sleep apnea occurs, the oxygen saturation sensor may detect a reduction in an oxygen supply amount in the human body and allow the driving portion 190 to operate;” [0074] teaches “the sensing portion 180 may sense a sleeping posture or snoring and may transmit a signal to the controller”) the sensor part (sensing portion 180).
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) 6-8 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over SHIN (US 2018/0228644 A1), in view of Pho et al. (US 2022/0054040 A1) and further in view of WOO (US 2024/0398610 A1).
Regarding claims 6-8, teaches snoring and sleep apnea preventer of claim 1 (see the rejection of claim 1 above).
SHIN does not teach a charging device configured to provide power to the preventer, and to receive information about the snoring and sleep apnea occurring while the preventer is mounted in the user; and a management server configured to receive the information about the snoring and sleep apnea from the charging device, to determine the information about the snoring and sleep apnea, and to communicate a modified preset routine based on the determined information to the preventer via the charging device; and wherein the management server is configured to receive the third information from the preventer from the charging device, and to modify the preset routine of the preventer based on the received 3rd information; and wherein the management server is configured to analyze a pattern of snoring and sleep apnea symptoms of the user based on the third information, to modify a preset routine based on the analyzed pattern, and to communicate the modified preset routine to the preventer via the charging device.
However, Pho et al. teaches in [0014], [0026], [0031], [0037-0038], [0057] and [0082] an analogous device with
a charging device (“charger or other power source for the ring 104,” taught in [0057]) configured to provide power to ([0057] teaches “a charger or other power source for the ring 104”) the preventer (system 100; [0038] teaches “the system 100 may then determine condition risk metrics associated with one or more medical conditions (e.g., sleep deprivation, sleep apnea, asthma) based on the respiration rate parameters, where the condition risk metrics are associated with a relative probability that the user 102-a is experiencing (or will experience) the respective medical conditions” and “the system 100 may then report the determined condition risk metrics to the user, which may provide the user with a more comprehensive view of their sleeping patterns and overall health;” providing risk metrics to the user may prompt a user to seek treatment to prevent sleep apnea, thus preventing sleep apnea), and to receive information about the snoring and sleep apnea occurring ([0057] teaches “the charger or other power source for the ring 104 may be configured to receive data from the ring 104;” [0026] teaches “a ring (e.g., wearable device 104) that measures physiological parameters;” [0014] teaches “physiological data for a user may be used to identify certain medical conditions, such as illness, asthma, sleep apnea, and the like”) while the preventer (system 100) is mounted in the user ([0082] teaches that the system 100 can include “implantable medical devices”); and
a management server (servers 110) configured to receive the information about the snoring and sleep apnea ([0026] teaches “a ring (e.g., wearable device 104) that measures physiological parameters;” [0014] teaches “physiological data for a user may be used to identify certain medical conditions, such as illness, asthma, sleep apnea, and the like”) from ([0057] teaches “the charger or other power source for the ring 104 may be configured to receive data from the ring 104, store and/or process data received from the ring 104, and communicate data between the ring 104 and the servers 110”) the charging device (“charger or other power source for the ring 104,” taught in [0057]), to determine the information about the snoring and sleep apnea ([0031] teaches “the servers 110 may receive data from the user devices 106 via the network 108, and may store and analyze the data” and “the servers 110 may be used for data storage, management, and processing;” [0037] teaches “server 110 may determine respiration rate values for the user 102-a based on the acquired physiological data”); and
wherein the management server (servers 110) is configured to receive the third information (“data,” taught in [0057]) from the preventer (system 100) from the charging device (“charger or other power source for the ring 104,” taught in [0057]); and
wherein the management server (servers 110) is configured to analyze a pattern of snoring and sleep apnea symptoms of the user based on ([0026] teaches “a ring (e.g., wearable device 104) that measures physiological parameters;” [0014] teaches “physiological data for a user may be used to identify certain medical conditions, such as illness, asthma, sleep apnea, and the like;” [0031] teaches “the servers 110 may receive data from the user devices 106 via the network 108, and may store and analyze the data” and “the servers 110 may be used for data storage, management, and processing;” [0037] teaches “server 110 may determine respiration rate values for the user 102-a based on the acquired physiological data”) the third information (“data,” taught in [0057]).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present application to modify the preventer of SHIN to include a charging device configured to provide power to the preventer, and to receive information about the snoring and sleep apnea occurring while the preventer is mounted in the user; and a management server configured to receive the information about the snoring and sleep apnea from the charging device, to determine the information about the snoring and sleep apnea; and wherein the management server is configured to receive the third information from the preventer from the charging device; and wherein the management server is configured to analyze a pattern of snoring and sleep apnea symptoms of the user based on the third information as taught by Pho et al. because this element is known to provide the preventer with a mechanism for charging the battery of the preventer, provide “additional sensors which may be used to collect data in addition to, or which supplements, data collected by” the preventer itself” and “store and/or process data” received from the preventer, as Pho et al. teaches in [0057-0058].
SHIN and Pho et al. do not teach that the management server functions to communicate a modified preset routine based on the determined information to the preventer via the charging device; and the management server is configured to communicate the modified preset routine to the preventer via the charging device, to modify a preset routine based on the analyzed pattern and to modify the preset routine of the preventer based on the received 3rd information.
However, WOO teaches in Figure 1, [0031] and [0068] an analogous device wherein the management server (server 300) functions to communicate a modified preset routine based on the determined information to the preventer (bruxism relieving device 100; [0068] teaches “a bruxism relieving device 100 including a mounting module 120 and a control module 140”) via the charging device (charging device 200) ([0031] teaches “the server generates the setting values of the sleep times of the first sensor unit and the second sensor unit, and modifies an operating timing setting value at which the control module operates the mounting module by transmitting the setting values to the control module through the charging device”); and the management server (server 300) is configured to communicate the modified preset routine to the preventer (bruxism relieving device 100; [0068] teaches “a bruxism relieving device 100 including a mounting module 120 and a control module 140”) via the charging device (charging device 200) ([0031] teaches “the server generates the setting values of the sleep times of the first sensor unit and the second sensor unit, and modifies an operating timing setting value at which the control module operates the mounting module by transmitting the setting values to the control module through the charging device”), to modify a preset routine based on the analyzed pattern ([0031] teaches “the server generates the setting values of the sleep times of the first sensor unit and the second sensor unit, and modifies an operating timing setting value at which the control module operates the mounting module by transmitting the setting values to the control module through the charging device”) and to modify the preset routine of the preventer (bruxism relieving device 100; [0068] teaches “a bruxism relieving device 100 including a mounting module 120 and a control module 140”) based on the received 3rd information ([0031] teaches “the server generates the setting values of the sleep times of the first sensor unit and the second sensor unit, and modifies an operating timing setting value at which the control module operates the mounting module by transmitting the setting values to the control module through the charging device”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present application to modify the management server of SHIN as modified by Pho et al. to provide that the management server functions to communicate a modified preset routine based on the determined information to the preventer via the charging device; and the management server is configured to communicate the modified preset routine to the preventer via the charging device, to modify a preset routine based on the analyzed pattern and to modify the preset routine of the preventer based on the received 3rd information as taught by WOO because this element is known to enable the management server to modify operating protocol in response to determined information, enabling operation of the preventer to adapt to changing conditions, as WOO teaches in [0031].
Regarding claim 11, SHIN, Pho et al. and WOO teach the apparatus of claim 6. SHIN teaches in [0054] that “the sensing portion 180 may not refer to a single sensor” and “the sensors may be arranged in different locations.”
SHIN does not teach that the sensor part is formed in the form of a ring to be mounted on at least one of the user's fingers.
However, Pho et al. teaches in [0029], [0041] and [0044] an analogous device wherein the sensor part (ring 104; [0029] teaches “sensors within a ring 104;” [0044] teaches “the ring 104 may include additional and/or alternative sensors or other components which are configured to collect physiological data from the user, including light sensors (e.g., LEDs), oximeters, and the like”) is formed in the form of a ring (ring 104) to be mounted on at least one of the user's fingers ([0041] teaches “the ring 104 may be configured to be worn around a user's finger, and may determine one or more user physiological parameters when worn around the user's finger”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present application to modify the sensor part of SHIN as modified by Pho et al. and WOO to be formed in the form of a ring to be mounted on at least one of the user's fingers as taught by Pho et al. because this element is known to “enable tighter and more direct contact with the user's finger as compared to other wearable devices (e.g., watch wearable devices), which may reduce noise and result in more accurate physiological data collection” and “collect higher-quality and more accurate physiological data as compared to other wearable devices, which may result in more accurate heart rate measurements, and more accurate determination of frequency modulation data, thereby leading to improved respiration rate determination,” as Pho et al. teaches in [0095].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
SHIN (US 2021/0401614 A1)
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/VICTORIA HICKS FISHER/Primary Examiner, Art Unit 3786 9/16/2026