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
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 1-19 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.
In re claim 1, the limitation, “the force” lacks antecedent basis.
In re claim 7, the limitation, “the support” is unclear. Specifically, it is unclear whether the limitation, “the support” is directed to a new limitation that lacks antecedent basis, or if it is directed to the earlier recited “deformable support”. For examination purposes, the limitation, “the support” is interpreted as being directed to the earlier recited “deformable support”.
In re claim 18, the limitation, “the basis of signals” lacks antecedent basis.
In re claim 19, the limitation, “the simultaneous measurement” lacks antecedent basis.
Appropriate correction is required.
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.
(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 1-11 and 13-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shemesh et al. (US 2021/0361237).
In re claim 1, Shemesh discloses a sensors assembly (fig. 8B: measuring system 880) for physiological measurements [0184-0185] comprising:
-an electrode ([0184-0185]: electric based biological sensor) comprising a contact surface (802’; [0184]: contact surface 802’ is a joint surface of various sensors) configured to be in contact with a user [0184],
- an optical unit ([0185]: combination of optical biological sensor and displacement sensor from sensors set 891) movable relative to the contact surface of the electrode ([0179]: optical sensor which is part of the optical unit is displaceable and would be relative to the contact surface of the electrical sensor; [0185]: sensors may have an independent sensing surface, for instance, the sensing surface of the optical sensor may move relative to the contact surface of the electrode) between a rest position and a displaced position ([0179]: optical sensor would be attached to a displaceable plate and is displaceable which would include a displaced position and a rest position),
the optical unit comprising:-
an interaction surface (802’’), the interaction surface being adjacent to the contact surface (fig. 8B),
- an optical sensor ([0185]: optical sensor),
- a force sensor ([0184-0185]: displacement sensor) configured to determine information relating to the force exerted on the optical unit in the displaced position [0174].
In re claim 2, Shemesh discloses wherein at least the interacting surface of the optical unit protrudes from the contact surface in the rest position ([0185]: ECG sensor would have an independent sensing surface that surrounds shared sensing surface; fig. 8B).
In re claim 3, Shemesh discloses wherein the contact surface of the electrode defines an aperture (fig. 8B: 802’ has a circular contact surface; [0185]), the optical unit being movable in the aperture ([0185]: sensor set 891 which includes the two circular discs would also have movable components for displacement sensor which has a shared sensing surface with the sensors set).
In re claim 4, Shemesh discloses wherein no mechanical parts are arranged between the contact surface and the interaction surface (fig. 8B).
In re claim 5, Shemesh discloses wherein the interaction surface extends in a plane parallel to a plane tangent to the contact surface (fig. 8B: top and bottom surface of the contact surface 802’’ extends in a plane which is tangent to the contact surface).
In re claim 6, Shemesh discloses wherein the optical unit is translatable in a direction orthogonal to the interaction surface ([0174]: skin contact surface and displacement sensor both displace together and displacement of the contact surface 1302 is along a vertical axis that is perpendicular to a plane spanned by the contact surface 1302; [0176]: displacement sensor from figs. 13A-13B is interpreted as being equivalent to displacement sensor form fig. 8B).
In re claim 7, Shemesh discloses wherein the optical unit is mounted on a deformable support ([0065]: displacement sensor must be placed on displaceable skin contact surface which would be deformable; fig. 8A and 8B: deformable support is interpreted as a combination of curved contact surface 802, 802’, and 802’’; [0182-0184]: wrist watch may include two displacement sensors), the force sensor being a deformation sensor of the support [0065-0067].
In re claim 8, Shemesh discloses wherein the deformable support is a printed circuit board [0075], the optical sensor being arranged on the printed circuit board [0075].
In re claim 9, Shemesh discloses wherein the electrode is an ECG electrode [0185].
In re claim 10, Shemesh discloses a device (882) comprising a housing (fig. 8B: outer portion of wrist watch 84) and the sensors assembly according to the sensors assembly being arranged on the housing (fig. 8B).
In re claim 11, Shemesh discloses wherein the device is configured to provide a user with information representative of the force exerted on the optical unit in the displaced position ([0174]: contact surface 1302 is responsive to force by pressure and will occur when the optical unit is in the displaced position based on the applied pressure to provide information; [0184]: 882 includes a displacement sensor).
In re claim 13, regarding the limitations, “wherein the optical unit is mounted on a deformable support, the force sensor being a deformation sensor of the support”, see in re claim 7 above.
In re claim 14, Shemesh discloses wherein the deformable support is attached at both ends to the housing (fig. 8A – 8B).
In re claim 15, Shemesh discloses wherein the housing has an elongated shape along an extension direction (fig. 8A: outer portion of the wrist watch extends in an elongated shape i.e. wraps around as a circle), wherein the deformable support is attached to the housing at two opposite ends along the extension direction (fig. 8A-8B).
In re claim 16, Shemesh discloses wherein the optical sensor comprises a light source ([0170]: displacement sensor 700 is similar to displacement sensor 800 and includes both a light detector and a light source; [0022-0023]: biological sensor may be accommodated within contact surface of the displacement sensor and would include a light source and light detector; [0185]) and a light receiver [0170, 0023], the device comprising an optical module configured to generate instructions enabling the light source to emit light and configured to receive signals from the light receiver [0170].
In re claim 17, Shemesh discloses wherein the optical module is configured to determine a heart rate [0023] or a blood oxygen saturation of the user [0077-0079].
In re claim 18, Shemesh discloses wherein the device comprises a pressure module configured to calculate a blood pressure of the user on the basis of signals received by the optical module and the force sensor ([0072]: biological sensor measures blood response; [0074]: displacement sensor used to determine artifacts while measuring biological parameters; [0173]: biological parameters includes blood pressure and can be determined using signal comparison).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Shemesh et al. (US 2021/0361237) in view of Choi et al. (US 2022/0015706).
In re claim 12, Shemesh fails to disclose
wherein the device comprises a screen,
the screen showing a recommended range of force exerted on the optical unit.
Choi teaches an electronic device ([0006]; fig. 1A: 101) for obtaining constant skin condition measurements [0006] and teaches
wherein the electronic device comprises a screen (130),
the screen showing a recommended range of force exerted ([0037-0038]: pressure sensor measures contact pressure value and provides a recommended pressure value via display 130).
Choi further teaches that a recommended pressure value is provided to ensure that a current contact pressure is a proper contact pressure [0038], which includes receiving measurement from a specific point [0035].
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the sensors assembly taught Shemesh, to provide wherein the device comprises a screen, the screen showing a recommended range of force exerted on the optical unit, as taught by the pressure sensor of Choi, because a recommended pressure value is provided to ensure that a current contact pressure is a proper contact pressure, for instance, confirming that measurement is received from a specific point.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Shemesh et al. (US 2021/0361237) in view of Lin et al. (US 2006/0224073).
In re claim 19, regarding the limitation, “wherein the electrode is an ECG electrode,” see in re claim 9 above.
Shemesh fails to disclose wherein the device comprising a control unit configured to control the simultaneous measurement of an ECG measurement and an optical measurement.
Lin teaches an analogous integrated physiological signal assessing device [0013] for evaluating cardiovascular functions [0013] and teaches
wherein an electrode [0017] is an ECG electrode [0017],
the integrated physiological signal assessing device comprising a control unit [0063] configured to control a simultaneous measurement of an ECG measurement and an optical measurement [0012-0013, 0017].
Lin further teaches that simultaneously measuring ECG signals and optical signals ([0017]: ECG and PPG signals) provides a convenient and time saving way to analyze cardiovascular parameters [0011-0012].
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the sensors assembly taught Shemesh, to provide wherein the device comprising a control unit configured to control the simultaneous measurement of an ECG measurement and an optical measurement, as taught by Lin, because simultaneously measuring ECG signals and optical signals provides a convenient and time saving way to analyze cardiovascular parameters
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
Wallois et al. (US 20170367650) discloses a device (abstract) for measuring brain activity signals of an individual (abstract) and teaches comprising a sensor support portion [0052] with a movable part [0052] movable with respect to a fixed part [0052].
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUMAISA R BAIG whose telephone number is (571)270-0175. The examiner can normally be reached Mon-Fri: 8am- 5pm.
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, David Hamaoui can be reached at (571) 270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RUMAISA RASHID BAIG/Examiner, Art Unit 3796
/DAVID HAMAOUI/SPE, Art Unit 3796
Prosecution Insights