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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “first LED disposed in the upper half of the housing” of claims 4 and 15 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 (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 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) 5 and 14-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kangas US 20240000328.
Regarding claim 5, Kangas US 20240000328 discloses a wearable device comprising:
a printed circuit board (505 in Fig. 5) comprising a first portion (portion of 505 with 315-a in Fig. 5) and a second portion (portion of 505 with 315-b);
a first LED (520-a in Fig. 5) disposed on the first portion (portion of 505 with 315-a) of the printed circuit board (505), the first LED (520-a) configured to output green light;
a second LED (510-a in Fig. 5) disposed on the first portion (portion of 505 with 315-a) of the printed circuit board (505);
a third LED (510-b in Fig. 5) disposed on the second portion (portion of 505 with 315-b) of the printed circuit board (505), the third LED (510-b) configured to output red light; and
a photodiode (PD1 in Fig. 5) disposed on the first portion of the printed circuit board (505), the photodiode (PD1) configured to detect light output from at least one of the first LED (520-a), the second LED (510-a), or the third LED (510-b);
wherein the first LED (520-a), the second LED (510-a), and the third LED (510-b) are directly attached to the printed circuit board (505).
Regarding claim 14, Kangas discloses the wearable device of claim 5, wherein the first LED (520-a), the second LED (510-a), and the third LED (510-b) are chip-level LEDs (as depicted in Fig. 5).
Regarding claim 15, Kangas discloses the wearable device of claim 5, further comprising:
a housing (415 in Fig. 4) comprising an upper half (half of 415 having most of battery 210 and 315a in Fig. 4) and a lower half (other half of 415 in Fig. 4);
wherein the first LED (520-a) is disposed in the upper half of the housing (415), and the third LED (510-b of Kangas) is disposed in the lower half of the housing (415).
Regarding claim 16, Kangas discloses the wearable device of claim 15, further comprising:
a curved battery (210 not numbered in Fig. 4; with curved geometry see [0061]) disposed in the upper half of the housing (415).
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 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kangas US 20240000328 in view of von Badinski US 20200401183.
Regarding claim 1, Kangas US 20240000328 discloses a finger-worn wearable ring device (104 in Fig. 4) comprising:
a housing (415 in Fig. 4) having an interior diameter between 12 mm and 24 mm and an exterior diameter between 18 mm and 30 mm for at least a portion of the finger-worn wearable ring device,
the housing comprising:
a curved battery (210 in Fig. 2 see [0061]);
a printed circuit board (505 in Fig. 5) comprising a first rigid portion (portion of 505 with 315-a in Fig. 5), a second rigid portion (portion of 505 with PD2 in Fig. 5), a third rigid portion (portion of 505 with 315-b in Fig. 5), a first flexible portion separating the second rigid portion (portion of 505 with PD2) from the first rigid portion (portion of 505 with 315-a), and a second flexible portion separating the third rigid portion from the second rigid portion;
a first light emitting diode (LED) (520-a in Fig. 5) disposed on the first rigid portion of the printed circuit board (505),
the first LED (520-a) configured to output green light (as depicted in Fig. 5);
a second LED (510-a) disposed on the first rigid portion of the printed circuit board (505),
the second LED (510-a) configured to output yellow light (see [0137]);
a third LED (510-b in Fig. 5) disposed on the third rigid portion of the printed circuit board (505),
the third LED (510-b) configured to output red light (as depicted in Fig. 5); and
a first photodiode (PD1 in Fig. 5) disposed on the first rigid portion of the printed circuit board (505), the first photodiode (PD1) configured to detect light output from at least one of the first LED (520-a), the second LED (510-a), or the third LED (510-b);
wherein the first LED (520-a), the second LED (510-a), and the third LED (510-b) are directly attached to the printed circuit board (505).
Kangas does not explicitly discloses the housing having an interior diameter between 12 mm and 24 mm and an exterior diameter between 18 mm and 30 mm.
However, von Badinski US 20200401183 a housing having an interior diameter between 12 mm and 24 mm and an exterior diameter between 18 mm and 30 mm for at least a portion of the finger-worn wearable ring device (see [0127]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have the housing of Kangas have an interior diameter between 12 mm and 24 mm and an exterior diameter between 18 mm and 30 mm for at least a portion of the finger-worn wearable ring device, as taught by von Badinski (see [0126-0127]), in order to accommodate any finger size with also accommodating the internal components.
Regarding claim 4, Kangas in view of von Badinski discloses the finger-worn wearable ring device of claim 1, wherein the housing (415 of Kangas) comprises an upper half (half of 415 having most of battery 210 and 315a in Fig. 4 of Kangas) and a lower half (other half of 415 of Kangas);
wherein the first LED (520-a of Kangas) is disposed in the upper half of the housing (415 of Kangas), and the third LED (510-b of Kangas) is disposed in the lower half of the housing (415 of Kangas); and
wherein the battery (210 of Kangas not numbered in Fig. 4/ 480 in Fig. 4 of von Badinski) is disposed in the upper half of the housing (415 of Kangas).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kangas in view of von Badinski as applied to claim 1 above, and further in view of Makinen US 20240241541.
Regarding claim 2, Kangas in view of von Badinski discloses the finger-worn wearable ring device of claim 1; (wherein one or more LED may be used to collect physiological data see [0031]).
Kangas in view of von Badinski do not explicitly disclose a vertical cavity surface emitting laser assembly;
wherein the vertical cavity surface emitting laser assembly is disposed on the second rigid portion of the printed circuit board (505).
However, Makinen US 20240241541 discloses (in Fig. 8)
a vertical cavity surface emitting laser assembly (820a; see [0164] and [0035] laser diodes LDs e.g., vertical cavity surface-emitting lasers);
wherein the vertical cavity surface emitting laser assembly (820a) is disposed on a second rigid portion (portion of 812 having 820a) of a printed circuit board (812).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have a vertical cavity surface emitting laser assembly; wherein the vertical cavity surface emitting laser assembly is disposed on the second rigid portion of the printed circuit board of Kangas in view of Badinski, as taught by Makinen (see [0165]), for the purpose of physiological data measurements.
Claim(s) 6-8 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kangas as applied to claim 5 above, and further in view of Lee US 20250390140.
Regarding claim 6, Kangas discloses the wearable device of claim 5, wherein the first portion of the printed circuit board (505) is a first rigid portion (portion of 505 with 315-a in Fig. 5) and the second portion is a second rigid portion (portion of 505 with 315-b), the printed circuit board (505) further comprising:
a third rigid portion (portion of 505 with PD2 in Fig. 5) disposed between the first rigid portion (portion of 505 with 315-a) and the second rigid portion (portion of 505 with 3015-b).
Kangas does not explicitly disclose a first flexible portion separating the third rigid portion from the first rigid portion; and
a second flexible portion separating the third rigid portion from the second rigid portion.
However, Lee US 20250390140 discloses a first flexible portion (flexible part not numbered separating 141 from 143 see [0047]) separating a third rigid portion (143) from a first rigid portion (141); and
a second flexible portion (flexible part not numbered separating 142 from 143 see [0047]) separating the third rigid portion (143) from a second rigid portion (142).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have a first flexible portion separating the third rigid portion from the first rigid portion; and a second flexible portion separating the third rigid portion from the second rigid portion of Kangas, as taught by Lee, in order to separate the portions while providing connection.
Regarding claim 7, Kangas in view of Lee discloses the wearable device of claim 6.
Kangas does not explicitly discloses at least one of: a laser diode assembly, or a vertical cavity surface emitting laser assembly.
However, Lee discloses at least one of: a laser diode assembly (150_t2 in Fig. 2; see [0143]), or a vertical cavity surface emitting laser assembly (150_t2 in Fig. 2; see [0143]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have the wearable device of Kangas further comprising at least one of: a laser diode assembly, or a vertical cavity surface emitting laser assembly, as taught by Lee, in order to collect more physiological data.
Regarding claim 8, Kangas in view of Lee discloses the wearable device of claim 7, wherein the laser diode assembly (150_t2 of Lee) is disposed on the third rigid portion (143 in Fig. 2 of Lee) of the printed circuit board (505 of Kangas as modified by Lee).
Regarding claim 13, Kangas US 20240000328 discloses the wearable device of claim 5, further comprising:
a housing (415 in Fig. 4) comprising an optically clear portion (transparent or translucent portion of 415 see [0128]), the optically clear portion having a raised protrusion forming a dome;
wherein light output from the third LED propagates through the dome.
Kangas does not explicitly disclose the optically clear portion having a raised protrusion forming a dome;
wherein light output from the third LED propagates through the dome.
However, Lee discloses an optically clear portion (120 see [0042]) having a raised protrusion (132 in Fig. 2) forming a dome (dome of 132 in Fig. 2);
wherein light output from a third LED (152_t1 in Fig. 2) propagates through the dome (dome of 132).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have the optically clear portion of Kangas have a raised protrusion forming a dome; wherein light output from the third LED propagates through the dome, as taught by Lee, in order to cover the third LED.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kangas as applied to claim 5 above, and further in view of von Badinski US 20200401183.
Regarding claim 17, Kangas discloses the wearable device of claim 5, wherein the device is a finger-worn wearable device (104), the finger-worn wearable device further comprising:
a housing (415 in Fig. 4) having an interior diameter (as depicted in Fig. 4) and an exterior diameter (as depicted in Fig. 4) for at least a portion of the finger-worn wearable ring device (104).
Kangas does not explicitly disclose the housing having an interior diameter between 12 mm and 24 mm and an exterior diameter between 18 mm and 30 mm for at least a portion of the finger-worn wearable ring device.
However, von Badinski US 20200401183 a housing having an interior diameter between 12 mm and 24 mm and an exterior diameter between 18 mm and 30 mm for at least a portion of the finger-worn wearable ring device (see [0127]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have the housing of Kangas have an interior diameter between 12 mm and 24 mm and an exterior diameter between 18 mm and 30 mm for at least a portion of the finger-worn wearable ring device, as taught by von Badinski (see [0126-0127]), in order to accommodate any finger size with also accommodating the internal components.
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kangas US 20240000328 in view of Lee US 20250390140.
Regarding claim 18, Kangas discloses a wearable device comprising:
a printed circuit board (505 in Fig. 5) comprising a first portion (portion of 505 with 315-a in Fig. 5), a second portion (portion of 505 with PD2 in Fig. 5), and a third portion (portion of 505 with 315-b as depicted in Fig. 5),
wherein the second portion (portion of 505 with PD2) is disposed between the first portion (portion of 505 with 315-a) and the third portion (portion of 505 with 315-b);
a first light emitting chip (520-a in Fig. 5) disposed on the first portion of the printed circuit board (505);
a second light emitting chip (510-a in Fig. 5) disposed on the first portion of the printed circuit board (505); (wherein one or more LED may be used to collect physiological data see [0031])
and
a first photodiode (PD1) disposed on the first portion of the printed circuit board (505),
the photodiode (PD1) configured to detect light output from at least one of the first light emitting chip (520a) or the second light emitting chip (510a);
wherein the first light emitting chip (520a) and the second light emitting chip (510a) are directly attached to the printed circuit board (505 as depicted in Fig. 5).
Kangas does not explicitly disclose at least one of: a laser diode assembly configured to output infrared light, or a vertical cavity surface emitting laser assembly,
the at least one of the laser diode assembly or the vertical cavity surface emitting laser assembly disposed on the second portion of the printed circuit board.
However, Lee discloses at least one of: a laser diode assembly (150_t2 in Fig. 2; see [0143]) configured to output infrared light, or a vertical cavity surface emitting laser assembly (150_t2 in Fig. 2; see [0143]), the at least one of the laser diode assembly (150_t2) or the vertical cavity surface emitting laser assembly (150_t2) disposed on a second portion (143 in Fig. 2) of a printed circuit board (140 in Fig. 2).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have the wearable device of Kangas further comprising at least one of: a laser diode assembly configured to output infrared light, or a vertical cavity surface emitting laser assembly, the at least one of the laser diode assembly or the vertical cavity surface emitting laser assembly disposed on the second portion of the printed circuit board, as taught by Lee, in order to collect more physiological data.
Regarding claim 19, Kangas in view of Lee discloses the wearable device of claim 18.
Kangas does not explicitly disclose a first flexible portion separating the second portion from the first portion; and
a second flexible portion separating the third portion from the second portion.
However, Lee discloses a first flexible portion (flexible part not numbered separating 141 from 143 see [0047]) separating a second portion (143) from a first portion (141); and
a second flexible portion (flexible part not numbered separating 142 from 143 see [0047]) separating a third rigid portion (142) from the second rigid portion (143).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have a first flexible portion separating the second portion from the first portion; and a second flexible portion separating the third portion from the second portion of Kangas, as taught by Lee, in order to separate the portions while providing connection.
Allowable Subject Matter
Claims 3, 9-12 and 20 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 3, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations recited in claim 1, a combination of limitations that “further comprising:
a fourth LED disposed on the printed circuit board adjacent to the third LED, the fourth LED configured to output red light;
a first reflective structure disposed on the printed circuit board between the third LED and the fourth LED; and
a second reflective structure disposed on the printed circuit board between the first LED and the second LED;
wherein both the first reflective structure and the second reflective structure comprise a substantially triangular cross-sectional geometry, and wherein both the first reflective structure and the second reflective structure are formed at least partially of metal”.
None of the reference art of record discloses or renders obvious such a combination.
Regarding claim 9, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations recited in claim 5, a combination of limitations that “wherein the second LED is configured to output yellow light, the wearable device further comprising:
a fourth LED disposed on the printed circuit board adjacent to the third LED, the fourth LED configured to output red light; and
a first reflective structure disposed on the printed circuit board between the third LED and the fourth LED”.
None of the reference art of record discloses or renders obvious such a combination.
Claims 10-12 depending from claim 9 are therefore also allowable.
Regarding claim 20, the prior art of record, taken alone or in combination, fails to teach or fairly suggest, in combining with other limitations recited in claim 18, a combination of limitations that “further comprising:
a third light emitting chip disposed on the third portion of the printed circuit board;
a fourth light emitting chip disposed adjacent to the third light emitting chip;
a first reflective structure disposed between the third light emitting chip and the fourth light emitting chip; and
a second reflective structure disposed between the first light emitting chip and the second light emitting chip;
wherein both the first reflective structure and the second reflective structure comprise a substantially triangular cross-sectional geometry, and
wherein both the first reflective structure and the second reflective structure are formed at least partially of metal”.
None of the reference art of record discloses or renders obvious such a combination.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kim US 20250089862 Fig. 2a-2b; Lee US 20250085743 Fig. 4b; Vallius US 20240364420 Fig. 3-9; Realubit US 20240324957 Fig. 1-8a; Mars US 11850069 Fig. 1a-h disclose finger-worn wearable ring devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER L AUGUSTIN whose telephone number is (571)270-7659. The examiner can normally be reached Monday - Friday 8 am - 3 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen L Parker can be reached at 303-297-4722. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER L AUGUSTIN/Examiner, Art Unit 2841
/JAMES WU/Primary Examiner, Art Unit 2841
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