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
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-7, drawn to reflective member disposed between the optical sensor and light source for reflecting incident light, classified in A61B5/6826.
II. Claims 8-14, drawn to a reflective layer disposed on an inner surface of a cover body, also classified in A61B5/6826.
The inventions are independent or distinct, each from the other because:
Inventions I and II are directed to related products. The related inventions are distinct if: (1) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants. See MPEP § 806.05(j). In the instant case, the inventions as claimed have materially different designs as illustrated in FIGS. 2 & 9, respectively; they do not overlap in scope because Invention I does not require a cover body; and they are not obvious variants because Invention I does not recite a cover body having a reflective layer. Furthermore, the inventions as claimed do not encompass overlapping subject matter and there is nothing of record to show them to be obvious variants.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
The inventions have acquired a separate status in the art due to their recognized divergent subject matter.
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
During a telephone conversation with NOLAN HUBBARD on 22 September 2025 a provisional election was made without traverse to prosecute Invention I of claims 1-7. Affirmation of this election must be made by applicant in replying to this Office action. Claims 8-14 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 12 May 2023. It is noted, however, that applicant has not filed a certified copy of the JP2022-080974 application as required by 37 CFR 1.55.
It should be appreciated that Applicant was notified that the Electronic Priority Document Exchange (PDX) Program failed to retrieve JP2022-080974 on 17 December 2024. According to Electronic Priority Document Exchange (PDX) Program, “[I]f retrieval fails applicants remain responsible for the submission of the certified copy of the foreign application.”1
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 13 November 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: WEARABLE RING FOR VEIN DETECTION WITH A REFLECTIVE MEMBER ADJACENT TO AN OPTICAL SENSOR.
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 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.
Claim(s) 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kita (JP2005242907A; see IDS of 13 November 2024).
With regards to Claim 1, a detection device (scattered light type ring-type vein reading device 10A; see Kita pg. 6, ¶ 17 cont. pg. 7, ¶ 1-5} & FIG. 6) comprising:
a housing (outer peripheral ring 12; see Kita FIG. 6);
a light source that is provided in the housing so as to be capable of irradiating an irradiation side outside the housing (illumination light source 14b dispose in the transparent inner ring 11 at a position facing the ring head; see Kita pg. 7, ¶ 3 & FIG. 6);
an optical sensor that is provided so as to be arranged alongside the light source in a first direction of the housing and is capable of detecting light incident from the irradiation side of the light source (image element 17; see Kita pg. 7, ¶ 3 & FIG. 6); and
a reflective member that is provided in the housing so as to be located between the light source and the optical sensor and is capable of reflecting the incident light toward the irradiation side of the light source (a plurality of reflective scattering plates m1, m2,… disposed about the transparent inner ring 11 to reflect incident light in the direction of imaging element 17; see Kita pg. 7, ¶ 3 & FIG. 6).
With regards to Claim 21, wherein a distance between the light source and the optical sensor is 5 mm or more (one of ordinary skill in the art would recognizes universally adopted ring sizing having the smallest size 3 having a diameter of 14mm would render the distance between the imaging element 17 & illumination light source 14b at least 14mm apart in distance2).
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 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 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Kita in further view of Conner (US PGPUB 20210379388).
With regards to Claim 32, while Kita discloses of reflective scattering plates m1, m2,… mx (see Kita pg. 7, ¶ 3 & FIG. 6), it appears that Kita may be silent to wherein the reflective member has reflectance of 50% or more.
However, Connor teaches of a wearable device such as finger ring that functions as a PPG deice (see Connor ¶ [0681]). In particular, Connor teaches of a mirror to guide light to a light receiver (see Connor ¶ [0687]; it should be appreciated that one of ordinary skill in the art would recognize Connor’s mirror has having high reflectivity3 ).
Kita and Connor are both considered to be analogous to the claimed invention because they are in the same field of smart rings. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kita to incorporate the above teachings of Connor to provide at least the reflective member has reflectance of 50% or more. Doing so would aid in directing the light to the light receiver (see Connor ¶ [0687]).
With regards to Claim 43, wherein the light source is configured to emit any one of near-infrared light, red light, and green light (an illumination light source 14a using a visible light or infrared light LED; see Kita pg. 5, ¶ 3).
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kita in view of Connor as applied to claim 4 above, and further in view of Lim et al. (US PGPUB 20210305320; hereinafter "Lim").
With regards to Claim 54, while modified Kita discloses that the image sensor is a one line image sensor with a CCD (see Kita pg. 4, ¶ 15), it appears that Kita is silent to wherein the optical sensor is an organic photodiode comprising a sensor substrate, a lower electrode, a lower buffer layer, an active layer, an upper buffer layer, and an upper electrode.
However, Lim teaches of an organic photodiode image sensor (see Lim Abstract). In particular, Lim teaches of wherein the optical sensor is an organic photodiode comprising a sensor substrate (a flexible substrate 500; see Kita ¶ [0164]), a lower electrode (electrode 230; see Lim FIG. 3 & ¶ [0097]), a lower buffer layer (buffer layer 215; see Lim FIG. 3 & ¶ [0143]), an active layer (organic photoelectric conversion layer 120; see Lim ¶ [0096] & FIG. 3), an upper buffer layer (buffer layer 125; see Lim FIG. 3 & ¶ [0143]), and an upper electrode (electrode 110; see Lim FIG. 3 & ¶ [0143]).
Lim also teaches of:
wiring for connecting lower electrode 230 (see Lim ¶ [0102]; it should be appreciated that pixel circuits 510 can also be interpreted as wiring); and
insulating layer 712 (see Lim FIG. 3 & ¶ [0167]).
Modified Kita and Lim are both considered to be analogous to the claimed invention because they are in the same field of imaging sensors. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Kita to incorporate the above teachings of Lim to provide at least an organic photodiode with the abovementioned layers. Doing so would aid in performance, efficiency, compactness, or a combination thereof (see Lim ¶ [0085]).
With regards to Claim 65, modified Kita teaches of wherein
the light source and the optical sensor are provided on a flexible printed circuit board (a flexible substrate 500; see Kita ¶ [0164]),
the optical sensor has a configuration in which wiring (wiring for connecting lower electrode 230; see Lim ¶ [0102]; it should be appreciated that pixel circuits 510 can also be interpreted as wiring), an insulating layer (insulating layer 712; see Lim FIG. 3 & ¶ [0167]), the lower electrode (electrode 230; see Lim FIG. 3 & ¶ [0097]), the lower buffer layer (buffer layer 215; see Lim FIG. 3 & ¶ [0143]), the active layer (organic photoelectric conversion layer 120; see Lim ¶ [0096] & FIG. 3), the upper buffer layer (buffer layer 125; see Lim FIG. 3 & ¶ [0143]), and the upper electrode (electrode 110; see Lim FIG. 3 & ¶ [0143]) are stacked on the sensor substrate in the order as listed (see Lim FIG. 3 for stacking order), and
the lower electrode is electrically coupled to the wiring, and the wiring is electrically coupled to the flexible printed circuit board (wiring for connecting lower electrode 230; see Lim ¶ [0102]; a flexible substrate 500; see Kita ¶ [0164] & FIG. 3).
With regards to Claim 76, modified Kita teaches of the housing is formed in a ring shape (FIG. 6 of Kita clearly illustrates a ring shaped housing).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHISH S. JASANI whose telephone number is (571) 272-6402. The examiner can normally be reached M-F 9:00 am - 5:00 pm (CST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Raymond can be reached on (571) 270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ASHISH S JASANI/Examiner, Art Unit 3798
/KEITH M RAYMOND/Supervisory Patent Examiner, Art Unit 3798
1 <https://www.uspto.gov/patents/basics/international-protection/electronic-priority-document-exchange-pdx>
2 <https://en.wikipedia.org/wiki/Ring_size>
3 https://en.wikipedia.org/w/index.php?title=Mirror&oldid=1085248043
Prosecution Insights