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 Rejections - 35 USC § 112
Claims 9-36 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 9 recites the limitation "the gel layer" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claims 10-18 are rejected for the same reasons because of the dependency.
Claim 19 recites the limitation "the biosensors" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claims 20-26 are rejected for the same reasons because of the dependency.
Claim 27 recites the limitation "the biosensor" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claims 28-36 are rejected for the same reasons because of the dependency.
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) 1-7, 9-17, 19-25, and 27-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Olivero (US 2021/0052171) in view of Busin (US 2022/0155157).
Regarding claim 1, Olivero discloses a biometric monitor device comprising:
an adhesive mechanism (adhesive layer, paragraph 25);
an interim layer 22;
a processor (p. 19, p. 21);
two or more biosensors 20 positioned within the interim layer adjacent the adhesive mechanism (figure 1, p. 25) in communication with the processor (p. 19, p. 21, figure 1);
at least one indicator light in communication with the processor (p. 20); and
a speaker in communication with the processor (p. 20),
wherein processor is operable to obtain biometric data from the two or more biosensors and control an operation of the at least one indicator light in response to the biometric data received from the two or more biosensors (p. 17, p. 21).
Olivero does not disclose an upper layer. Busin teaches the use of an adhesive mechanism 102; an interim layer 115; an upper layer 104. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an upper layer to the monitor device of Olivero as taught by Busin for the purpose of effectively protecting the monitor device.
Regarding claim 9, Olivero discloses a biometric monitoring system comprising: a biometric monitor device having an adhesive mechanism (adhesive layer, paragraph 25), an interim layer 22, a processor (p. 19, p. 21), two or more biosensors 20 positioned within the interim layer adjacent the adhesive mechanism (p. 25) in communication with the processor (p. 19, p. 20, figure 1) wherein the processor is operable to obtain biometric data from the two or more biosensors (p. 19, p. 21), at least one indicator light in communication with the processor (p. 20); and a speaker in communication with the processor (p. 20), wherein the processor is operable to obtain biometric data from the two or more biosensors and control an operation of the at least one indicator light in response to the biometric data received from the two or more biosensors (p. 17, p. 21); and an electronic device 50 in communication with the biometric monitor device (figure 1).
Olivero does not disclose an upper layer. Busin teaches the use of an adhesive mechanism 102; an interim layer 115; an upper layer 104. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an upper layer to the monitor system of Olivero as taught by Busin for the purpose of effectively protecting the monitor device.
Regarding claim 19, Olivero discloses a biometric monitor device comprising:
an adhesive mechanism (adhesive layer, p. 25);
an interim layer 22;
a processor operable to obtain biometric data from biosensors (p. 19, p. 21);
a biosensor configured to detect two or more bio parameters (p. 26) positioned within the interim layer adjacent the adhesive mechanism (p. 25) in communication with the processor (figure 1, p. 19, p. 21);
at least one indicator light in communication with the processor (p. 20); and
a speaker in communication with the processor (p. 20),
wherein processor is configured to control an operation of the at least one indicator light in response to the biometric data received from the biosensor (p. 17, p. 21).
Olivero does not disclose an upper layer. Busin teaches the use of an adhesive mechanism 102; an interim layer 115; an upper layer 104. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an upper layer to the monitor system of Olivero as taught by Busin for the purpose of effectively protecting the monitor device.
Regarding claim 27, Olivero discloses a biometric monitoring system comprising: a biometric monitor device having an adhesive mechanism (adhesive layer, p. 25), an interim layer 22, a processor operable to obtain biometric data from a biosensor 20 (p. 19, p.21), the biosensor configured to detect two or more bio parameters (p. 26) positioned within the interim layer adjacent the adhesive mechanism (p. 25) in communication with the processor (p. 19, p.21, figure 1), at least one indicator light in communication with the processor (p. 20); and a speaker in communication with the processor (p. 20), wherein processor is configured to control an operation of the at least one indicator light in response to the biometric data received from the biosensor (p. 17, p. 21); and an electronic device 50 in communication with the biometric monitor device (figure 1).
Olivero does not disclose an upper layer. Busin teaches the use of an adhesive mechanism 102; an interim layer 115; an upper layer 104. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an upper layer to the monitor system of Olivero as taught by Busin for the purpose of effectively protecting the monitor device.
Regarding claims 2-3, 7, 12-13, 17, 20-21, 25, 30-31, and 35, Olivero (modified by Busin) discloses all the claimed subject matter as set forth above in the rejection of claim 1, but does not disclose a power supply (claims 2, 12, 20, and 30); the interim layer comprising an electronic flex circuit and an integrated connector circuit (claims 3, 13, 21, 31); the processor being configured to control an operation of the speaker (claims 7, 17, 25, and 35). Busin further discloses a power supply 112; the interim layer comprising an electronic flex circuit (paragraph 55) and an integrated connector circuit 111; a processor being configured to control an operation of a speaker (p. 58). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a power supply; the interim layer comprising an electronic flex circuit and an integrated connector circuit; the processor being configured to control an operation of the speaker to the monitor device of Olivero as taught by Busin for the purpose of effectively providing power supply and signaling indicators.
Regarding claims 4, 14, 22, and 32, Olivero discloses wherein the processor is configured to control an operation of the at least one indicator light (p. 19, p. 20).
Regarding claims 5, 15, 23, and 33, Olivero discloses wherein the at least one indicator light is operable to display two or more colors (p. 32).
Regarding claims 6, 16, 24, and 34, Olivero discloses wherein the two or more colors are selected from red, green and yellow (p. 32).
Regarding claims 10 and 28, Olivero discloses wherein the electronic device is at least one of a mobile device 50 and a central station 24 (figure 1).
Regarding claims 11 and 29 , Olivero discloses wherein the electronic device communicates with the biometric monitor device via at least one of near-field communication, Bluetooth and wi-fi (p. 32).
Claim(s) 8, 18, 26, and 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Olivero and Busin as applied to claim 1 above, and further in view of Rogers (US 2021/0393155).
Regarding claims 8, 18, 26, and 36, Olivero (modified by Busin) discloses all the claimed subject matter as set forth above in the rejection of claim 1, but does not disclose at least one of the two or more biosensors being pre-gelled. Rogers teaches the use of at least one of two or more biosensors being pre-gelled (p. 147). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include at least one of the two or more biosensors being pre-gelled to the monitor device of Olivero (modified by Busin) as taught by Rogers for the purpose of effectively attaching to skin surface.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sieja, Solomon, and Gottesman disclose systems for physiological monitoring.
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/ANH V LA/ Primary Examiner, Art Unit 2685
ANH V. LA
Primary Examiner
Art Unit 2685
Al
April 3, 2026