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 .
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.
Specification
The abstract of the disclosure is objected to because it contains more than 150 words. 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 7 is objected to because of the following informalities: “when” (line 6) appears that it should be “and when.”
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(s) 2-3, 7, and 9 is/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.
For claim 2, the claim language “when blood pressure of the user increases, the blood vessel of the finger deforms and expands to squeeze the skin, pressure generated through squeezing of the blood vessel is transmitted to the piezoelectric film sensor through the skin, the captured pressure is converted by the piezoelectric film sensor into an electric signal to generate the first information, and the first information is sent to the central processing unit” is ambiguous. The language is a run-on clause making it unclear what terms limit what phrases, thereby making the scope ambiguous. It appears that there needs to be some conjunctions inserted into the claim language to make it logically flow more smoothly.
For claim 2, the claim term “the captured pressure” (line 5) lacks antecedent basis. The claim is examined as this being a newly introduced claim term.
For claim 3, the claim language “when blood pressure of the user increases, an eddy and turbulence are generated when blood flows through the blood vessel, resulting in a louder blood flow sound in the blood vessel; the blood flow sound in the blood vessel of the finger is transmitted in a form of a mechanical wave to the bone conduction microphone through the skin, the captured sound intensity is converted by the bone conduction microphone into an electric signal to generate the second information, and the second information is sent to the central processing unit” is ambiguous. The language is a run-on clause making it unclear what terms limit what phrases, thereby making the scope ambiguous. It appears that there needs to be some conjunctions inserted into the claim language to make it logically flow more smoothly.
For claim 7, the para “R” is not defined. The claim is examined as depending from claim 6.
For claim 9, the claim language “when blood pressure of the user increases, the blood vessel of the finger deforms and expands to squeeze the skin, pressure generated through squeezing of the blood vessel is transmitted to the piezoelectric film sensor through the skin, the captured pressure is converted by the piezoelectric film sensor into an electric signal to generate the first information, and the first information is sent to the central processing unit” is ambiguous. The language is a run-on clause making it unclear what terms limit what phrases, thereby making the scope ambiguous. It appears that there needs to be some conjunctions inserted into the claim language to make it logically flow more smoothly.
For claim 9, the claim term “the captured pressure” (line 5) lacks antecedent basis. The claim is examined as this being a newly introduced claim term.
For claim 9, the claim language “when blood pressure of the user increases, an eddy and turbulence are generated when blood flows through the blood vessel, resulting in a louder blood flow sound in the blood vessel; the blood flow sound in the blood vessel of the finger is transmitted in a form of a mechanical wave to the bone conduction microphone through the skin, the captured sound intensity is converted by the bone conduction microphone into an electric signal to generate the second information, and the second information is sent to the central processing unit” is ambiguous. The language is a run-on clause making it unclear what terms limit what phrases, thereby making the scope ambiguous. It appears that there needs to be some conjunctions inserted into the claim language to make it logically flow more smoothly.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
For claim 1, the claim language “wherein the smart ring is worn on a finger of a user” encompasses a human organism because it requires the smart ring being worn on the user as part of the claim scope. The claim is examined as meaning “wherein the smart ring is configured to be worn on a finger of a user.
For claim 8, the claim language “wherein the smart ring is worn on a finger of a user” encompasses a human organism because it requires the smart ring being worn on the user as part of the claim scope. The claim is examined as meaning “wherein the smart ring is configured to be worn on a finger of a user.
Dependent claim(s) 2-7 and 9-10 fail to cure the deficiencies of independent claim(s) 1 and 8, thus claim(s) 1-10 is/are rejected under 35 U.S.C. 101.
Allowable Subject Matter
Claim(s) 1-10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) and 35 U.S.C. 101, set forth in this Office action.
U.S. Patent Application Publication No. 2017/0164876 to Hyde et al, discloses a smart ring (1000) (Fig. 15A) (para [0152]), wherein the smart ring is worn on a finger of a user (as can be seen in Fig. 15A), and the smart ring comprises: a ring structure (1604) (Fig. 15B) (para [0153]), a piezoelectric film sensor (“piezoelectric thin film sensor,” para [0191]) and a bone conduction microphone (“microphone,” para [0204]); a central processing unit (1608) (Fig. 15B) (para [0153]) disposed in the ring structure (as can be seen in Fig. 15B).
U.S. Patent Application Publication No. 2023/0247352 to Yuan et al. (hereinafter “Yuan”) discloses an acoustic transducer (520) (Fig. 5) (para [0130]) as a piezoelectric layer (para [0009]) and a bone conduction microphone (500) (Fig. 5) (para [0138}) that is in the inside of a ring shape (see Fig. 5)
U.S. Patent Application Publication No. 2023/0074056 to Sanchez teaches the smart ring further comprises a light (para [0041]).
U.S. Patent Application Publication No. 2015/0112199 to Nakamura discloses the piezoelectric film sensor (para [0053]) is configured to capture deformation of a blood vessel of the finger to generate first information (para [0059]).
U.S. Patent Application Publication No. 2019/0096000 to Boesen discloses a bone conduction microphone configured to capture sound intensity of blood flow (para [0074] and/or [0080]).
However, none of the prior art of record anticipates nor renders obvious the ordered combination of elements recited in the claim(s).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL LEE CERIONI whose telephone number is (313) 446-4818. The examiner can normally be reached M - F 8:00 AM - 5:00 PM PT.
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/DANIEL L CERIONI/Primary Examiner, Art Unit 3791
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