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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed Oct. 21, 2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed.
EP 3099224 is missing an attached copy. It has been placed in the application file, but the information referred to therein has not been considered.
Drawings
In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 802 in Fig 8. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
“202” in ¶[0119] should be changed to --402--,
“304” in ¶[0120] should be changed to --404--, and
“302” in ¶[0125] should be changed to --402--.
Appropriate correction is required.
The use of the terms “Qvar” and “STMicroelectronics” in ¶[0159], “Azoteq” in ¶[0167], “Harwin” in ¶[0217], and “Velcro” ¶[0221], which are trade names or a marks used in commerce, has been noted in this application. The terms should be accompanied by the generic terminology; furthermore the terms should be capitalized wherever they appear or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the terms.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 32, 35, 37, 39, 41, and 43 are objected to because of the following informalities: “contextual information comprises” should be changed to --contextual information further comprises--. Appropriate correction is required.
Claim 34 is objected to because of the following informalities: “electrical measurement indicates that the electrical sensor” should be changed to -- electrical measurement further indicates that the electrical sensor --. 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.
Claim 45 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 45 recites the limitation "the electrical sensor" in ln. 5. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination “the electrical sensor” will be interpreted as “an electrical sensor”. Note, it appears in line 7-8 “an electrical sensor” is meant to be the same electrical sensor, the applicant is recommended to amend this to --the electrical sensor--.
Claim 45 recites the limitation "the optical sensor" in ln. 6. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination “the optical sensor” will be interpreted as “an optical sensor”. Note, it appears in line 8 “an optical sensor” is meant to be the same optical sensor, the applicant is recommended to amend this to --the optical sensor--.
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.
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 27-30, 45, and 46 are rejected under 35 U.S.C. 103 as being unpatentable over Wright et al. (WO 2021260044 A1, published Dec. 30, 2021, effective filing date Jun. 23, 2020, hereinafter referred to as “Wright”) in view of van Dinther et al. (US 20170215747 A1, published Aug. 3, 2017, hereinafter referred to as “van Dinther”). For the purpose of prior art rejection, US 20230225634 A1 has been used as an equivalent document of WO 2021260044.
Regarding claims 27 and 45, Wright teaches an electronics module (Fig. 1 “wearable activity monitoring device 10” ¶[0079]) for monitoring physical activity of a user (“FIG. 1 is a perspective view of a wearable device for monitoring physical activity of a user” ¶[0074]) and a method using the device, the electronics module being arranged to be removably coupled to a wearable article (Fig.’s 1-3 “Wearable device 10 is interchangeable between wrist strap 50 and chest strap 60, and thus can be worn on both the user's wrist and chest.” ¶[0086]), the electronics module and method comprising: an electrical sensor; an optical sensor (“FIG. 1 shows a wearable activity monitoring device 10 comprising a PPG sensor and an ECG sensor for collecting PPG measurements and ECG measurements from a user, respectively” ¶[0079]); and a controller (“control circuitry arranged to switch the wearable device between an ECG only mode and a PPG only mode” ¶[0013]) arranged to obtain contextual information from one or more sensors of the electronics module when the electronics module is coupled to the wearable article, and use the contextual information to automatically configure the operation of the electrical sensor, wherein the contextual information is indicative of whether the electrical sensor is connected to an electrode of the wearable article, wherein when the contextual information indicates that the electrical sensor is connected to an electrode of the wearable article, the controller is arranged to control the electrical sensor to perform measurements (“the ECG sensor is only able to collect ECG measurements when the wearable device is attached to the user's chest by the chest strap. The ECG sensor may be arranged to automatically collect ECG measurements when the wearable device is attached to the user's chest by the chest strap, e.g. by detecting the contact between the terminal pins of the ECG sensor and the external ECG skin contacts” ¶[0030]).
Although the control circuitry of Wright configures the operation of the optical sensor, Wright does not explicitly teach the controller can automatically configure the operation of the optical sensor, wherein the contextual information is indicative of whether the optical sensor has line of sight with a skin surface of the user, and wherein when the contextual information indicates that the optical sensor has line of sight with the skin surface of the user, the controller is arranged to control the optical sensor to perform measurements.
van Dinther’s invention relates to an optical vital signs sensor for monitoring vital signs of a user (¶[0002]). It is an object of the embodiment to provide an optical vital signs sensor which is able to reliably detect when the sensor is not in contact with a skin of a user (¶[0011]). The optical vital signs sensor comprises an off-skin detection unit configured to detect whether the contact surface is in contact with the skin of the user based on output signals from the photo detector unit at the at least two wavelengths (¶[0012]). The optical vital signs sensor is a photoplethysmographic sensor PPG and has a contact surface. Light at the at least two wavelengths is generated and is directed towards a skin of the user. Light at the at least two wavelengths is detected. The light is indicative of a reflection of light emitted in or from the skin of the user. The reflected light is light at the at least two wavelengths. An off-skin detection unit is provided to detect whether the sensor (its contact surface) is in contact with the skin of a user based on output signals at the two wavelengths (¶[0017]). If a PPG sensor which is designed to operate in direct contact with the skin of the user is not in direct contact with the skin of the user anymore, the output of the photo detectors will include artifacts such that a detection of vital signs of a user is not possible anymore. If an off-skin condition is detected, the output signals of the photo detector can be ignored. Furthermore, the PPG sensor can be put into a stand-by mode or the light units can be switched off in order to reduce the power consumption (¶[0020]).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing to automatically configure the operation of the optical sensor, wherein the contextual information is indicative of whether the optical sensor has line of sight with a skin surface of the user, and wherein when the contextual information indicates that the optical sensor has line of sight with the skin surface of the user, the controller is arranged to control the optical sensor to perform measurements as taught by van Dinther in the electronics module and method of Wright in order to put the device in stand-by mode or turn off the lights when the skin is not in view to reduce power consumption. There is a reasonable expectation of success in configuring the electronics module and method of Wright according to the teachings of van Dinther since Wright’s device has the capability of controlling the operation of the optical sensor.
Regarding claim 28, Wright teaches wherein the controller is arranged to use the contextual information to automatically switch the electronics module between performing measurements using the electrical sensor and the optical sensor (“the ECG sensor is only able to collect ECG measurements when the wearable device is attached to the user's chest by the chest strap. The ECG sensor may be arranged to automatically collect ECG measurements when the wearable device is attached to the user's chest by the chest strap, e.g. by detecting the contact between the terminal pins of the ECG sensor and the external ECG skin contacts... in order to switch the wearable device into the ECG only mode, the user can simply attach the wearable device to their chest using the chest strap (and therefore electrically contact the external ECG contact(s) on the chest strap with the terminal pin(s) of the ECG sensor in the wearable device)” ¶[0030]-[0031] therefore, the device automatically switches from optical to electrical when attached to the chest sensor).
Regarding claim 29, Wright teaches wherein the controller is arranged to automatically switch the electronics module between a first measurement mode, in which the electrical sensor is used to perform measurements and the optical sensor is not used to perform measurements, and a second measurement mode, in which the electrical sensor is not used to perform measurements and the optical sensor is used to perform measurements (see claim 28 rejection and “Switching the wearable device between operating in an ECG only mode, such that only ECG measurements are initiated, when the wearable device is attached to the user's chest by the chest strap, and a PPG only mode, such that only PPG measurements are initiated, when the wearable device is attached to the user's arm or wrist by the wrist strap, therefore results in improved accuracy of the measurements, compared to devices in which there is no function to switch off the respective sensor.” ¶[0019]).
Regarding claim 30, Wright teaches wherein the contextual information comprises motion data for the electronics module (“The wearable device 10 may comprise a movement detection unit, such as an accelerometer and/or a gyroscope, for detecting movement of the wearable device 10” ¶[0088]); wherein the motion data identifies the orientation of the electronics module (“determining/estimating the user's step count, altitude climbed, and/or distance travelled based on the detected movement” ¶[0088] and therefore inherently identifies the orientation of the electronic module).
Regarding claim 46, Wright teaches an electronics module (Fig. 1 “wearable activity monitoring device 10” ¶[0079]) for monitoring physical activity of a user (“FIG. 1 is a perspective view of a wearable device for monitoring physical activity of a user” ¶[0074]), the electronics module is arranged to be removably coupled to any of a single wearable article at a plurality of locations or a plurality of different wearable articles (Fig.’s 1-3 “Wearable device 10 is interchangeable between wrist strap 50 and chest strap 60, and thus can be worn on both the user's wrist and chest.” ¶[0086]), the electronics module comprising: an optical sensor arranged to perform optical measurements of the user depending on the particular location at which the electronics module is coupled to the single wearable article or the particular wearable article of the plurality of different wearable articles the electronics module is coupled to (“FIG. 1 shows a wearable activity monitoring device 10 comprising a PPG sensor and an ECG sensor for collecting PPG measurements and ECG measurements from a user, respectively” ¶[0079]); an electrical sensor arranged to perform electrical measurements of the user depending on the particular location at which the electronics module is coupled to the single wearable article or the particular wearable article of the plurality of different wearable articles the electronics module is coupled to (“FIG. 1 shows a wearable activity monitoring device 10 comprising a PPG sensor and an ECG sensor for collecting PPG measurements and ECG measurements from a user, respectively” ¶[0079]); a controller (“control circuitry arranged to switch the wearable device between an ECG only mode and a PPG only mode” ¶[0013]) arranged to obtain contextual information from one or more sensors of the electronics module when the electronics module couples to the single wearable article at one of the plurality of locations or couples to one of the plurality of different wearable articles, the contextual information is indicative of whether the electrical sensor is connected to an electrode of the wearable article, wherein, when the contextual information indicates that the electrical sensor is connected to the electrode, the controller is arranged to control the electrical sensor to perform measurements (“the ECG sensor is only able to collect ECG measurements when the wearable device is attached to the user's chest by the chest strap. The ECG sensor may be arranged to automatically collect ECG measurements when the wearable device is attached to the user's chest by the chest strap, e.g. by detecting the contact between the terminal pins of the ECG sensor and the external ECG skin contacts” ¶[0030]).
Although the control circuitry of Wright configures the operation of the optical sensor, Wright does not explicitly teach the contextual information is indicative of whether the optical sensor has line of sight with a skin surface of the user, wherein, when the contextual information indicates that the optical sensor has line of sight with a skin surface of the user, the controller is arranged to control the optical sensor to perform measurements.
van Dinther’s invention relates to an optical vital signs sensor for monitoring vital signs of a user (¶[0002]). It is an object of the embodiment to provide an optical vital signs sensor which is able to reliably detect when the sensor is not in contact with a skin of a user (¶[0011]). The optical vital signs sensor comprises an off-skin detection unit configured to detect whether the contact surface is in contact with the skin of the user based on output signals from the photo detector unit at the at least two wavelengths (¶[0012]). The optical vital signs sensor is a photoplethysmographic sensor PPG and has a contact surface. Light at the at least two wavelengths is generated and is directed towards a skin of the user. Light at the at least two wavelengths is detected. The light is indicative of a reflection of light emitted in or from the skin of the user. The reflected light is light at the at least two wavelengths. An off-skin detection unit is provided to detect whether the sensor (its contact surface) is in contact with the skin of a user based on output signals at the two wavelengths (¶[0017]). If a PPG sensor which is designed to operate in direct contact with the skin of the user is not in direct contact with the skin of the user anymore, the output of the photo detectors will include artifacts such that a detection of vital signs of a user is not possible anymore. If an off-skin condition is detected, the output signals of the photo detector can be ignored. Furthermore, the PPG sensor can be put into a stand-by mode or the light units can be switched off in order to reduce the power consumption (¶[0020]).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing to automatically configure the operation of the optical sensor, wherein the contextual information is indicative of whether the optical sensor has line of sight with a skin surface of the user, and wherein when the contextual information indicates that the optical sensor has line of sight with the skin surface of the user, the controller is arranged to control the optical sensor to perform measurements as taught by van Dinther in the electronics module and method of Wright in order to put the device in stand-by mode or turn off the lights when the skin is not in view to reduce power consumption. There is a reasonable expectation of success in configuring the electronics module and method of Wright according to the teachings of van Dinther since Wright’s device has the capability of controlling the operation of the optical sensor.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Wright in view of van Dinther (hereinafter “Wright and van Dinther”), as applied to claim 30 above, in further view of Griffin et al. (US 20110216093 A1, published Sept. 8, 2011, hereinafter referred to as “Griffin”).
Regarding claim 31, Wright and van Dinther teach the electronics module of claim 30.
Although Wright and van Dinther teach identifying when the electrical and optical sensors are properly attached and capable of switching between the two methods when properly attached, they do not explicitly teach wherein the motion data indicates that the electrical sensor is connected to an electrode of the wearable article when the motion data identifies the electronics module as being in a first orientation, and wherein the motion data indicates that the optical sensor has line of sight with the skin surface of the user when the motion data identifies the electronics module as being in a second orientation different to the first orientation.
Griffin’s invention is concerned with the common goal of activating components on an electronic device. In particular, the disclosure relates to analyzing orientation data relating to the device and activating components based on an orientation of the device determined from the orientation data (¶[0001]). Referring to FIG. 3, flow chart 300 provides an exemplary progression of activities that an activation system according to an embodiment device 10 transits in, to and through as it receives orientation data and processes it to determine what components, if any, to activate (¶[0050]). The sensors may be any type of sensor that detects a physical condition, which may be used to indicate an orientation of device 10. For example, a sensor may be a gyroscope, accelerometer, motion sensor, mercury switch, pressure switch, light sensor, microphone, altimeter etc (¶[0052]). At process 308, once an orientation of device 10 is determined, then selected elements in device 10 may be activated and/or deactivated based on the determined orientation of device 10 (¶[0053]).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing indicate when one sensor should be activated versus the other based on two different orientations and therefore would be able to identify which connection is present at taught by Griffin in the electronics module of Wright and van Dinther in order to activate or deactivate the corresponding function.
Claims 32-33 are rejected under 35 U.S.C. 103 as being unpatentable over Wright and van Dinther, as applied to claim 30 above, in further view of Visweswara et al. (US 20200305792 A1, published Dec. 1, 2020, hereinafter referred to as “Visweswara”).
Regarding claim 32, Wright and van Dinther teach the electronics module of claim 30.
Although Wright teaches that the electrical sensor is detecting being attached to electrodes, Wright does not explicitly say how. Therefore, Wright and van Dinther do not explicitly teach wherein the contextual information further comprises an electrical measurement performed by the electrical sensor.
Visweswara’s invention relates to the field of devices and, in particular, to determining an orientation of a wearable device when placed on a body (¶[0001]). FIG. 1 illustrates an example of a wearable device 100 operable to determine an orientation of the wearable device 100, when placed on a body (¶[0044]). one or more of the plurality of electrode pairs 1021, 1022, 1023, 1024 may be located in (for example, integrated in or embedded in) the wearable device 100 (¶[0045]). Briefly, the processor 104 of the wearable device 100 is configured to determine a property associated with the signal received at the at least two electrode pairs 1021, 1022, 1023, 1024 and compare the determined property to a corresponding reference property. The processor 104 of the wearable device 100 is also configured to determine, from the comparison, whether the wearable device 100 is in the predetermined orientation on the body (¶[0049]).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing to have the contextual information include electrical measurements performed by the electrical sensor as taught by Visweswara in the electronics module of Wright and van Dinther in order to determine if the device is in the predetermined orientation.
Regarding claim 33, Wright and van Dinther do not disclose wherein the electrical measurement indicates that the electrical sensor is connected to an electrode of the wearable article when the electrical measurement has a first value, and wherein the electrical measurement indicates that the optical sensor has line of sight with the skin surface of the user when the electrical measurement has a second value different to the first value.
Visweswara teaches that the processor 104 of the wearable device 100 is configured to determine a property associated with the signal received at the at least two electrode pairs 1021, 1022, 1023, 1024 and compare the determined property to a corresponding reference property. The processor 104 of the wearable device 100 is also configured to determine, from the comparison, whether the wearable device 100 is in the predetermined orientation on the body (¶[0049]). Placement of a wearable device at a correct orientation on the body of a subject is often key for the performance and/or the proper operation of the wearable devices (¶[0004]).
Different orientations and placements correspond to different signal readings and therefore, can be associated with different preset orientations. Therefore, it would have been obvious to a person having ordinary skill in the art at the time of filing to compare the signal obtained from the sensor with the known signal for different orientations to determine the placement of the sensor and indicate that the sensor is in the predetermined orientation as taught by Visweswara in the electronics module of Wright and van Dinther in order to ensure good performance and proper orientation of the wearable.
Allowable Subject Matter
Claims 34-44 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 34, prior art does not teach or fairly suggest the limitation of wherein the electrical measurement indicates that the electrical sensor is connected to an electrode of the wearable article when the electrical measurement has a signal quality above a threshold value, and wherein the electrical measurement indicates that the optical sensor has line of sight with the skin surface of the user when the electrical measurement has a signal quality below the threshold value.
In the closest prior art, Aumer et al. (US 20160094899 A1, published Mar. 31, 2016, hereinafter referred to as “Aumer”) discloses that a variety of methods may be used to determine whether a device 10 is being worn. For example, the signal quality may be assessed by processing sensor readings to see if they are within an acceptable range. For example, the output of a photodetector in a wearable PPG sensor may be processed to determine if the DC (i.e., the DC component of a PPG signal) background is above or below a certain threshold associated with being worn or not worn. In many optical configurations, the DC background will be lower than a certain threshold when a PPG sensor is away from the body (¶[0102]). Therefore, in the event the electrical signal threshold is high, the electrical sensor is connected to an electrode, and if it is low, the device is not connected to an electrode. Aumer does not disclose the device indicating attachment in a different mode, in this case with a line of sight to the skin, when the signal quality is below the threshold value.
Therefore, it would not have been obvious to a person having ordinary skill in the art at the time of filing to have incorporated this limitation because the references taken solely, or in combination, fail to provide the required limitations and modifications of any combination of the references of record would not provide any advantages over the present application. Further, none of the references uncovered disclosed the nuances of the instant claim in a cumulative manner while still allowing for a plausible motivation to combine said references.
Claims 35-44 depend from claim 34 and therefore would be allowable for the same reason as indicated for claim 34.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Meftah et al. (WO 2017191036 A1) – determine the orientation of a device;
Stirling et al. (US 20080214360 A1) – capable of determining activity based on device orientation;
Lee et al. (US 20160192716 A1) – wearable sensor pod that selectively attaches to clothing; and
Dua et al. (US 12635958 B1) – senses optical signal and determines to record or not from the signal quality.
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/E.N.C./ Patent Examiner, Art Unit 3792
/UNSU JUNG/ Supervisory Patent Examiner, Art Unit 3792
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