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 § 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 (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.
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.
Claims 1-5, 10-15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Peng et al. (US 2023/0355179 A1) in view of Cho (US 2020/0297223 A1).
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With respect to claim 1, Peng discloses a wearable electronic device, comprising: at least one Photoplethysmogram (PPG) sensor (see PPG sensor # 114 in Figures 1 and 2B provided herein), for sensing a physiological feature of a user by measuring at least one PPG signal by illuminating a user's skin and measuring changes in light absorption based on at least one light reflected from the user's skin (see paragraphs 0007 and 0019); at least one pressure sensor, located adjacent to the at least one PPG sensor with no other sensor disposed therebetween (see verification sensor #116 considered as the pressure sensor since paragraph 0019 indicates that said verification sensor #116 measures the contact pressure; see Figure 2B showing pressure/verification sensor #116 adjacent to the PPG sensor #114 with no other sensor disposed therebetween), for measuring at least one contact force between the user's skin and the electronic device (see paragraph 0019); an integration circuit, coupled to the at least one PPG sensor and the at least one pressure sensor (see analysis module #120 in Figure 1 or 120’ in Figure 2B), for determining at least one reliability level corresponding to the at least one PPG signal (see paragraph 0022) according to the at least one measured contact force (see paragraph 0023); and a microcontroller, coupled to the integration circuit, for determining whether to output information of the at least one PPG signal for the user according to the at least one determined reliability level (see paragraph 0026; see Figure 2B having microcontroller #122).
Furthermore, Peng discloses the claimed invention as stated above except for specifying the wearable electronic device is worn by the user. However, Cho discloses the wearable electronic device is worn by the user (as seen on Figure 9 showing electronic device #901 having a least a PPG sensor #930 as being warble in the user’s wrist). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the electronic device worn by the user as taught by Cho in combination with Peng’s electronic device for the purpose of enabling the possibility of periodically track blood flow changes of the user by outputting light of a specified wavelength through the light source unit to obtained the biometric information of the user due to the maintained contact to the user’s skin without requiring the user to constantly retrieve the device to make the measurements (see paragraph 0100). Therefore, making the device wearable allows a more versatile health tracking of the user’s health in a more effortless manner.
With respect to claims 2 and 12, Peng discloses when the at least one measured contact force is not within a default force range, the at least one determined reliability level is a low level, and the microcontroller determines not to output the information of the at least one PPG signal for the user; and, the default force range is a moderate force range (see paragraph 0031-0032 discussing the lack of output information by providing an indication that the finger needs repositioning, considered as the low level reliability, to attempt for an accurate reading).
With respect to claims 3 and 13, Peng discloses the microcontroller is arranged to inform the user of adjusting a tightness of the wearable electronic device and measuring the physiological feature of the user by measuring the at least one PPG signal again (see paragraph 0031 discussing if the PPG device is too loosely, hence tightness, advising the user to adjust due to insufficient or unstable contact, considered as inform the user of adjusting a tightness).
With respect to claims 4 and 14, Peng discloses when the at least one measured contact force is below the default force range, the microcontroller is arranged to inform the user of tightening the wearable electronic device and measuring the physiological feature of the user by measuring the at least one PPG signal again; and, when the at least one measured contact force is above the default force range, the microcontroller is arranged to inform the user of loosening the wearable electronic device and measuring the physiological feature of the user by measuring the at least one PPG signal again (see paragraph 0031 discussing if the PPG device is too loosely, hence tightness needs to be addressed for been to tight or too loose, advising the user to adjust due to insufficient or unstable contact, considered as inform the user of adjusting a tightness).
With respect to claims 5 and 15, Peng discloses the default force range is transmitted from a host device into the wearable electronic device via a wireless connection between the host device and the wearable electronic device, and the host device obtain the default force range from a cloud server through internet connection (see paragraph 0022-0025).
With respect to claims 10 and 20, Peng discloses the claimed invention as stated above except for specifying the wearable electronic device is worn by the user on the user's wrist. However, Cho discloses the wearable electronic device is worn by the user on the user's wrist user (as seen on Figure 9 showing electronic device #901 having a least a PPG sensor #930 as being warble in the user’s wrist). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have the electronic device worn by the user on the user's wrist user as taught by Cho in combination with Peng’s electronic device for the purpose of enabling the possibility of periodically track blood flow changes of the user by outputting light of a specified wavelength through the light source unit to obtained the biometric information of the user due to the maintained contact to the user’s skin without requiring the user to constantly retrieve the device to make the measurements (see paragraph 0100). Therefore, making the device wearable in a easily accessible body part, like the wrist, arm or chest etc., allows a more versatile health tracking of the user’s health in a more effortless manner.
With respect to claim 11, Peng discloses a method of a wearable electronic device, comprising: providing at least one Photoplethysmogram (PPG) sensor (see PPG sensor # 114 in Figures 1 and 2B provided herein) to sense a physiological feature of a user by measuring at least one PPG signal by illuminating a user's skin and measuring changes in light absorption based on at least one light reflected from the user's skin (see paragraphs 0007 and 0019); using at least one pressure sensor, located adjacent to the at least one PPG sensor with no other sensor disposed therebetween (see verification sensor #116 considered as the pressure sensor since paragraph 0019 indicates that said verification sensor #116 measures the contact pressure; see Figure 2B showing pressure/verification sensor #116 adjacent to the PPG sensor #114 with no other sensor disposed therebetween), to measure at least one contact force between the user's skin and the electronic device (see paragraph 0019); determining at least one reliability level corresponding to the at least one PPG signal (see paragraph 0022) according to the at least one measured contact force (see paragraph 0023); and determining whether to output information of the at least one PPG signal for the user according to the at least one determined reliability level (see paragraph 0026; see Figure 2B having microcontroller #122).
Allowable Subject Matter
Claims 6-9, and 16-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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 DIXOMARA VARGAS whose telephone number is (571)272-2252. The examiner can normally be reached Monday-Friday 8am-5pm.
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/DIXOMARA VARGAS/Primary Examiner, Art Unit 3798
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