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 § 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, 5, 7-10, 12, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bushnell (US 20170086743) in view of Nothacker (US 20190290197) and Yao (US 20150148774).
Regarding claim 1 Bushnell teaches a composite device (fig. 2A-2B, fig. 11) comprising:
a sensor device (fig.11, 100) including a first communication portion (fig. 11, item 1155), a sensor portion (1154, 1152), and a display portion ([0058] touch display); and
an information processing device (fig.11, 1150) comprising a second communication portion (fig.11, 1156) and an image generation portion ([0099] FIG. 11 shows a block diagram illustrating example components that may be utilized in the wearable electronic device 100… cameras, i.e. image generation portion ),
Bushnell is silent on wherein the second communication portion is configured to output data included in the signal to the image generation portion and transmit the image signal to the sensor device, and wherein the image generation portion is configured to generate an image signal on the basis of the data included in the signal
wherein the display portion is configured to display an image on the basis of the image signal and
wherein the sensor device is capable of being worn on an eyeball.
However, Nothacker teaches wherein the second communication portion is configured to output data included in the signal to the image generation portion and transmit the image signal to the sensor device, and wherein the image generation portion is configured to generate an image signal on the basis of the data included in the signal
wherein the display portion is configured to display an image on the basis of the image signal (fig.1 and fig.6).
Therefore, it would have been obvious to one of the ordinary skilled in the art to combine Bushnell in light of Nothacker teaching so that it may include wherein the second communication portion is configured to output data included in the signal to the image generation portion and transmit the image signal to the sensor device, and wherein the image generation portion is configured to generate an image signal on the basis of the data included in the signal
wherein the display portion is configured to display an image on the basis of the image signal.
The motivation is to provide a method for monitoring health related information of a user.
Further Yao teaches wherein the sensor device is capable of being worn on an eyeball (0030] Configuring the reader to be frequently worn in proximity to one or more contact lenses enables the lenses to have a reliable external power source and/or storage for sensor data collection, processing of sensor data, and transmission of unprocessed and/or processed sensor data to additional devices; e.g., the above-mentioned display device. Thus, the herein-described reader can provide valuable support functionality, including but not limited to power, communication, and processing resources, to enhance use of contact lenses with embedded sensor).
Therefore, it would have been obvious to one of the ordinary skilled in the art to combine Bushnell in light of Yao teaching so that it may include wherein the sensor device is capable of being worn on an eyeball.
The motivation is to provide methods and systems for controlling analyte levels that may include receiving a sensor measurement relating to an eye-mountable device.
Claims 2-4. (Canceled)
Regarding claim 5 Bushnell in view of Nothacker teach wherein a user is capable to see an image displayed on the display portion in a state where the image is superimposed on a transmission image that is transmitted through the sensor device (fig.6, fig.1, [0024] method can include aggregating data (e.g., intoxication metric time series) at a database. Aggregated data can be used as a training dataset for building models of user intoxication state and/or related parameters in relation to a wide range of factors. Building models of breathalyzer sensor state based on training data can be performed using any suitable machine learning algorithm).
Regarding claim 7 Bushnell in view of Nothacker teach a control portion, wherein the control portion is configured to return from a resting state in accordance with the signal (Nothacker :fig. 9D, when user select N).
Regarding claim 8 Bushnell in view of Yao teach wherein the sensor device is used as a contact lens (Yoa: [0030]).
Regarding claim 9 Bushnell teaches a composite device (fig. 2A-2B, fig. 11) comprising:
a sensor device (fig.11, 100) including a sensor portion (fig.11, 1156) and a display portion ([0058] touch display); and
an information processing device (fig.11, 1150) comprising an image generation portion ([0099] FIG. 11 shows a block diagram illustrating example components that may be utilized in the wearable electronic device 100… cameras, i.e. image generation portion),
wherein the sensor device is capable of being worn on an eyeball (Yao: (0030] Configuring the reader to be frequently worn in proximity to one or more contact lenses enables the lenses to have a reliable external power source and/or storage for sensor data collection, processing of sensor data, and transmission of unprocessed and/or processed sensor data to additional devices; e.g., the above-mentioned display device. Thus, the herein-described reader can provide valuable support functionality, including but not limited to power, communication, and processing resources, to enhance use of contact lenses with embedded sensor),
wherein the sensor device is configured to transmit a signal including information obtained by the sensor portion (Nothacker :fig.2, 230) to the information processing device (Nothacker: fig.1, fig. 6),
wherein the information processing device is configured to generate an image signal on the basis of data included in the signal received from the sensor device(Nothacker :fig.2, 230), and wherein the display portion is configured to display an image on the basis of the image signal (Nothacker: fig.1, fig. 6).
Regarding claim 10 the limitations are similar to claim 5 so rejected same way.
Regarding claim 12 the limitations are similar to claim 7 so rejected same way.
Regarding claim 13 the limitations are similar to claim 8 so rejected same way.
Claim(s) 6, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bushnell (US 20170086743) in view of Nothacker (US 20190290197), Yao (US 20150148774) and further in view of Baranski (US 20160255944).
Regarding claim 6 Bushnell is silent on wherein the sensor portion is configured to detect one or more of a blood sugar level, a heart rate, a blood pressure, a body temperature, a degree of oxygen saturation, and a neutral fat concentration.
However, Baranski teaches wherein the sensor portion is configured to detect one or more of a blood sugar level, a heart rate, a blood pressure, a body temperature, a degree of oxygen saturation, and a neutral fat concentration ([0072]).
Therefore, it would have been obvious to one of the ordinary skilled in the art to combine Bushnell in light of Baranski teaching so that it may include wherein the sensor portion is configured to detect one or more of a blood sugar level, a heart rate, a blood pressure, a body temperature, a degree of oxygen saturation, and a neutral fat concentration.
The motivation is to provide a method of adjusting the fit of a wearable electronic device secured by a band to a user for fitness/health tracking.
Regarding claim 11 the limitations are similar to claim 6 so rejected same way.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any of the new reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Pletcher US 20140085600
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOWFIQ ELAHI whose telephone number is (571)270-1687. The examiner can normally be reached M-F: 10AM-3PM.
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, William Boddie can be reached at (571)272-0666. 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.
/TOWFIQ ELAHI/Primary Examiner, Art Unit 2625