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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/06/2025, 05/23/2025, 06/18/2025, and 08/11/2025 are being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 9, and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 13, and 19 of U.S. Patent No. 12239462 in view of Scott et al. (U.S. 2020/0408615). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following:
Regarding claim 1 of the present application, claim 1 claims the same subject matter as claim 1 of Patent 12239462 in view of Scott et al..
Although the claims at issue are not identical, they are not patentably distinct from each other because they both recite a device comprising one or more electrodes configured to enable signal transmission through a skin contact; and a control mechanism comprising a solid arm coupled to the one or more electrodes and to a thermal actuator wherein the control mechanism is configured to adjust an electrode-to-skin impedance (ESI) using the thermal actuator. U.S. Patent No. 12239462 fails to disclose wherein the thermal actuator causes a first portion of the solid arm to rotate about a pivot and a second portion of the solid arm to move laterally through a structure of the device to cause movement in the one or more electrodes based on a change in length of the thermal actuator. However, Scott et al. discloses wherein the thermal actuator causes a first portion of the solid arm to rotate about a pivot and a second portion of the solid arm to move laterally through a structure of the device to cause movement in the one or more electrodes based on a change in length of the thermal actuator (lever arm 403 comprises multiple segments that are capable of moving vertically and/or horizontally, see Figure 4, Paragraphs [0046-0048], when using an electrically controlled muscle wire, such as the Nickel Titanium Alloy, Nitinol, for an actuator, electricity is applied to the wire and the wire mechanically shrinks in length (seen as applying heat to the wire in order to move the electrodes to obtain the optimal contact profile between the electrodes and the skin, evidence in argument above), Paragraph [0043], when current is applied to the muscle wire 410, the muscle wire 410 contracts and pulls lever arm 403 comprising multiple arms to move the electrode 401 and promotes contact between the electrode and the skin, see modified Figure 4, Paragraph [0048], wherein lever arm 403 is movably supported via horizontal slot 406 and the vertical slot 409 (seen as a pivot), see modified Figure 4, Paragraph [0046], wherein the stiffening of the wire can be controlled so as to apply a specific amount of pressure and adjust contact profile of the electrodes and the skin, Paragraph [0040]). At the time of filing of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of U.S. Patent No. 12239462 in order to provide the benefit of promoting contact between the electrode and skin by applying a specific amount of pressure as taught by Scott et al. (Paragraph [0043] and [0040]).
Regarding claim 9 of the present application, claim 9 claims the same subject matter as claim 13 of Patent 12239462 in view of Scott et al..
Although the claims at issue are not identical, they are not patentably distinct from each other because they both recite an apparatus comprising: a processor and one or more electrodes mounted on a device and coupled to a control mechanism, wherein the control mechanism is thermally actuated by the processor, and the control mechanism comprising a solid arm coupled to the one or more electrodes and to a thermal actuator wherein the control mechanism is configured to adjust an electrode-to-skin impedance (ESI) using the thermal actuator. U.S. Patent No. 12239462 fails to disclose wherein the thermal actuator causes a first portion of the solid arm to rotate about a pivot and a second portion of the solid arm to move laterally through a structure of the device to cause movement in the one or more electrodes based on a change in length of the thermal actuator. However, Scott et al. discloses wherein the thermal actuator causes a first portion of the solid arm to rotate about a pivot and a second portion of the solid arm to move laterally through a structure of the device to cause movement in the one or more electrodes based on a change in length of the thermal actuator (lever arm 403 comprises multiple segments that are capable of moving vertically and/or horizontally, see Figure 4, Paragraphs [0046-0048], when using an electrically controlled muscle wire, such as the Nickel Titanium Alloy, Nitinol, for an actuator, electricity is applied to the wire and the wire mechanically shrinks in length (seen as applying heat to the wire in order to move the electrodes to obtain the optimal contact profile between the electrodes and the skin, evidence in argument above), Paragraph [0043], when current is applied to the muscle wire 410, the muscle wire 410 contracts and pulls lever arm 403 comprising multiple arms to move the electrode 401 and promotes contact between the electrode and the skin, see modified Figure 4, Paragraph [0048], wherein lever arm 403 is movably supported via horizontal slot 406 and the vertical slot 409 (seen as a pivot), see modified Figure 4, Paragraph [0046], wherein the stiffening of the wire can be controlled so as to apply a specific amount of pressure and adjust contact profile of the electrodes and the skin, Paragraph [0040]). At the time of filing of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of U.S. Patent No. 12239462 in order to provide the benefit of promoting contact between the electrode and skin by applying a specific amount of pressure as taught by Scott et al. (Paragraph [0043] and [0040]).
Regarding claim 17 of the present application, claim 17 claims the same subject matter as claim 19 of Patent 12239462 in view of Scott et al..
Although the claims at issue are not identical, they are not patentably distinct from each other because they both recite a system comprising: a portable communication device, and a derive communicatively coupled to the portable communication device, wherein the device includes one or more electrodes and a control mechanism, wherein the control mechanism is thermally actuated by the processor, and the control mechanism comprising a solid arm coupled to the one or more electrodes and to a thermal actuator wherein the control mechanism is configured to adjust an electrode-to-skin impedance (ESI) using the thermal actuator. U.S. Patent No. 12239462 fails to disclose wherein the thermal actuator causes a first portion of the solid arm to rotate about a pivot and a second portion of the solid arm to move laterally through a structure of the device to cause movement in the one or more electrodes based on a change in length of the thermal actuator. However, Scott et al. discloses wherein the thermal actuator causes a first portion of the solid arm to rotate about a pivot and a second portion of the solid arm to move laterally through a structure of the device to cause movement in the one or more electrodes based on a change in length of the thermal actuator (lever arm 403 comprises multiple segments that are capable of moving vertically and/or horizontally, see Figure 4, Paragraphs [0046-0048], when using an electrically controlled muscle wire, such as the Nickel Titanium Alloy, Nitinol, for an actuator, electricity is applied to the wire and the wire mechanically shrinks in length (seen as applying heat to the wire in order to move the electrodes to obtain the optimal contact profile between the electrodes and the skin, evidence in argument above), Paragraph [0043], when current is applied to the muscle wire 410, the muscle wire 410 contracts and pulls lever arm 403 comprising multiple arms to move the electrode 401 and promotes contact between the electrode and the skin, see modified Figure 4, Paragraph [0048], wherein lever arm 403 is movably supported via horizontal slot 406 and the vertical slot 409 (seen as a pivot), see modified Figure 4, Paragraph [0046], wherein the stiffening of the wire can be controlled so as to apply a specific amount of pressure and adjust contact profile of the electrodes and the skin, Paragraph [0040]). At the time of filing of the invention, it would have been obvious to one of ordinary skill in the art to modify the invention of U.S. Patent No. 12239462 in order to provide the benefit of promoting contact between the electrode and skin by applying a specific amount of pressure as taught by Scott et al. (Paragraph [0043] and [0040]).
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, 4-5, 7, 9, 12, 13 and 15 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Scott et al. (US 2020/0408615) herein referred to as “Scott”.
Regarding claim 1, Scott discloses a device (sensor system 300 which is wearable on the wrist , Figure 3, Paragraph [0035]) comprising: one or more electrodes configured to enable signal transmission through a skin contact (the transmitting electrodes 302 are adapted to be proximate to a user’s skin when the wearable is being worn, Figure 3, Paragraph [0035]); and a control mechanism comprising a solid arm (actuator 405 comprises lever arm 403, Figure 4, Paragraph [0046]) and coupled to the one or more electrodes and to a thermal actuator (pressure actuator 305 receives commands from the processor in response to the measurements made (i.e. impedance measurements), Figure 3, Paragraph [0039]), wherein the control mechanism is configured to adjust an electrode-to-skin impedance using the thermal actuator (pressure actuator 305 receives commands from the processor in response to the measurements made (i.e. impedance measurements, electronic impedance tomography (EIT), provides a measure of the impedance path between skin and an electrode, Paragraph [0034]) and actuates so as to place the pressure adaptive system to obtain the optimal profile, Figure 3, Paragraph [0039], pressure actuator is a thermal actuator made from a muscle wire made from a nickel titanium alloy, Paragraph [0040]) that causes a first portion of the solid arm to rotate about a pivot and a second portion of the solid arm to move laterally through a structure of the device to cause movement in the one or more electrodes based on a change in length of the thermal actuator (lever arm 403 comprises multiple segments that are capable of moving vertically and/or horizontally, see Figure 4, Paragraphs [0046-0048], when using an electrically controlled muscle wire, such as the Nickel Titanium Alloy, Nitinol, for an actuator, electricity is applied to the wire and the wire mechanically shrinks in length (seen as applying heat to the wire in order to move the electrodes to obtain the optimal contact profile between the electrodes and the skin, evidence in argument above), Paragraph [0043], when current is applied to the muscle wire 410, the muscle wire 410 contracts and pulls lever arm 403 comprising multiple arms to move the electrode 401 and promotes contact between the electrode and the skin, see modified Figure 4, Paragraph [0048], wherein lever arm 403 is movably supported via horizontal slot 406 and the vertical slot 409 (seen as a pivot), see modified Figure 4, Paragraph [0046], wherein the stiffening of the wire can be controlled so as to apply a specific amount of pressure and adjust contact profile of the electrodes and the skin, Paragraph [0040]).
Regarding claim 4, Scott discloses the device of claim 1, wherein the thermal actuator is embedded in a support material that forms at least part of the structure of the device (thermal actuator 110 is comprised with a support material of the structure of the device, Figure 4).
Regarding claim 5, Scott discloses the device of claim 1, wherein the thermal actuator comprises a thermal expansion-contraction-based actuator (pressure actuator is a thermal actuator made from a muscle wire made from a nickel titanium alloy which is a thermal expansion-contraction-based actuator, when current is applied to the muscle wire 803 it contracts to 5% of its length, Figure 8, Paragraph [0040] and Paragraph [0060]).
Regarding claim 7, Scott discloses the device of claim 1, wherein the thermal actuator comprises a shape memory alloy, wherein the shape memory alloy comprises a nickel-titanium alloy (pressure actuator is a thermal actuator made from a muscle wire made from a nickel titanium alloy that is superelastic and retains shape memory, Paragraph [0040]).
Regarding claim 9, Scott discloses an apparatus comprising: a processor (processor (not shown) is operably connected to the pressure actuator 305, Paragraph [0039]); and one or more electrodes mounted on a device and coupled to a control mechanism (the pressure adaptive sensor system 300 is able to ascertain the amount of contact between the transmitting electrodes 302 and the user’s skin base on the measurements of signals received by the receiving electrodes 304, Paragraph [0035]), wherein: the control mechanism is thermally actuated by the processor (pressure actuator 305 receives commands from the processor in response to the measurements made (i.e. impedance measurements) and actuates so as to place the pressure adaptive system to obtain the optimal profile, Figure 3, Paragraph [0039]), and the control mechanism comprising a solid arm and coupled to the one or more electrodes and to a thermal actuator,
wherein the control mechanism is configured to adjust an electrode-to-skin impedance using the thermal actuator that causes a first portion of the solid arm to rotate about a pivot and a second portion of the solid arm to move laterally through a structure of the device to cause movement in the one or more electrodes based on a change in length of the thermal actuator (pressure actuator 305 receives commands from the processor in response to the measurements made (i.e. impedance measurements) and actuates so as to place the pressure adaptive system to obtain the optimal profile, Figure 3, Paragraph [0039], the curvature of the skin is complex and features hills and valleys of varying dimension, the electrodes themselves are adapted to change their surface area or profile in order to better fit with and maintain pressure with a given portion of the skin, Paragraph [0029], when using an electrically controlled muscle wire, such as the Nickel Titanium Alloy, Nitinol, for an actuator, electricity is applied to the wire and the wire mechanically shrinks in length (seen as applying heat to the wire in order to move the electrodes to obtain the optimal contact profile between the electrodes and the skin, evidence in argument above), Paragraph [0043], when current is applied to the muscle wire 410, the muscle wire 410 contracts and pulls lever arm 403 comprising multiple arms to move the electrode 401 and promotes contact between the electrode and the skin, see modified Figure 4, Paragraph [0048], wherein lever arm 403 is movably supported via horizontal slot 406 and the vertical slot 409 (seen as a pivot), see modified Figure 4, Paragraph [0046], wherein the stiffening of the wire can be controlled so as to apply a specific amount of pressure and adjust contact profile of the electrodes and the skin, Paragraph [0040]).
Regarding claim 12, Scott discloses the apparatus of claim 9, wherein the thermal actuator is embedded in a support material that forms at least part of the structure of the device (thermal actuator 110 is comprised with a support material of the structure of the device, Figure 4).
Regarding claim 13, Scott discloses the device of claim 9, wherein the thermal actuator comprises a thermal expansion-contraction-based actuator (pressure actuator is a thermal actuator made from a muscle wire made from a nickel titanium alloy which is a thermal expansion-contraction-based actuator, when current is applied to the muscle wire 803 it contracts to 5% of its length, Figure 8, Paragraph [0040] and Paragraph [0060], pressure actuator 305 receives commands from the processor in response to the measurements made (i.e. impedance measurements) and actuates so as to place the pressure adaptive system to obtain the optimal profile, Figure 3, Paragraph [0039], pressure actuator is a thermal actuator made from a muscle wire made from a nickel titanium alloy, Paragraph [0040]).
Regarding claim 15, Scott discloses the apparatus of claim 9, wherein the thermal actuator comprises a shape memory alloy, wherein the shape memory alloy comprises a nickel-titanium alloy (pressure actuator is a thermal actuator made from a muscle wire made from a nickel titanium alloy that is superelastic and retains shape memory, Paragraph [0040]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 2-3, 10-11 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Scott in view of Llinas et al. (US 20110098719 A1) herein referred to as “Llinas”.
Regarding claim 2, Scott discloses the device of claim 1.
However Scott wherein the thermal actuator is coupled to a supply voltage at a first point via a first wire and a ground potential at a second point via a second wire.
Llinas discloses a cochlear implant device comprising a multi-joint thermal actuator (Abstract) wherein the thermal actuator is coupled to a supply voltage at a first point via a first wire (For the micro multi-joint actuator units 801, the processor 900 may cause current to be applied to one or two of the three shape memory alloy wires in each actuator unit 801 in order to heat and thereby contract the wires, Paragraph [0054], Figure 11) and a ground potential at a second point via a second wire (a multi-joint robot 800 having a common ground connection shared by all multi-joint actuator units 801, e.g., via an electrical connection between the center columns of the actuator units 801, Paragraph [0054], Figure 11).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Scott to incorporate
the teachings of Llinas by including wherein the thermal actuator is coupled to a supply voltage at a first point via a first wire and a ground potential at a second point via a second wire. The motivation to do so being to heat and thereby contract the wires for movement and further ground the actuator as known in the art for safety reasons (Llinas, Paragraph [0054]).
It would have been an obvious matter of design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the connections of the supply voltage and the ground wire to the thermal actuator of Scoot, since applicant has not disclosed that the specificity of the connection at the first and second points solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the connections all on the same side of the device as disclosed by Llinas.
Regarding claim 3, Scott in view of Llinas discloses the device of claim 2.
Scott further discloses wherein the thermal actuator is coupled to the solid arm at a third point (muscle wire 410 is connected to solid lever arm at a third point, Figure 4, Paragraph [0048]).
While Scott does not explicitly disclose wherein the current is applied to the muscle wire 410 by actuator 405 (which is opposite the connection of the muscle wire 410 to the lever arm 403), it would have been an obvious matter of design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the connections of the supply voltage and the ground wire to be opposite of the third point where the thermal actuator is coupled to the solid arm, since applicant has not disclosed that the specificity of the connection of the thermal actuator to the solid arm at a third point opposite the first and second points solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the connections all being on the same side of the device as disclosed by Llinas.
Regarding claim 10, Scott discloses the apparatus of claim 9.
However Scott wherein the thermal actuator is coupled to a supply voltage at a first point via a first wire and a ground potential at a second point via a second wire.
Llinas discloses a cochlear implant device comprising a multi-joint thermal actuator (Abstract) wherein the thermal actuator is coupled to a supply voltage at a first point via a first wire (For the micro multi-joint actuator units 801, the processor 900 may cause current to be applied to one or two of the three shape memory alloy wires in each actuator unit 801 in order to heat and thereby contract the wires, Paragraph [0054], Figure 11) and a ground potential at a second point via a second wire (a multi-joint robot 800 having a common ground connection shared by all multi-joint actuator units 801, e.g., via an electrical connection between the center columns of the actuator units 801, Paragraph [0054], Figure 11).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Scott to incorporate
the teachings of Llinas by including wherein the thermal actuator is coupled to a supply voltage at a first point via a first wire and a ground potential at a second point via a second wire. The motivation to do so being to heat and thereby contract the wires for movement and further ground the actuator as known in the art for safety reasons (Llinas, Paragraph [0054]).
It would have been an obvious matter of design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the connections of the supply voltage and the ground wire to the thermal actuator of Scoot, since applicant has not disclosed that the specificity of the connection at the first and second points solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the connections all on the same side of the device as disclosed by Llinas.
Regarding claim 11, Scott in view of Llinas discloses the apparatus of claim 10.
Scott further discloses wherein the thermal actuator is coupled to the solid arm at a third point (muscle wire 410 is connected to solid lever arm at a third point, Figure 4, Paragraph [0048]).
While Scott does not explicitly disclose wherein the current is applied to the muscle wire 410 by actuator 405 (which is opposite the connection of the muscle wire 410 to the lever arm 403), it would have been an obvious matter of design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the connections of the supply voltage and the ground wire to be opposite of the third point where the thermal actuator is coupled to the solid arm, since applicant has not disclosed that the specificity of the connection of the thermal actuator to the solid arm at a third point opposite the first and second points solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the connections all being on the same side of the device as disclosed by Llinas.
Regarding claim 18, Scott discloses the system of claim 17.
However Scott wherein the thermal actuator is coupled to a supply voltage at a first point via a first wire and a ground potential at a second point via a second wire.
Llinas discloses a cochlear implant device comprising a multi-joint thermal actuator (Abstract) wherein the thermal actuator is coupled to a supply voltage at a first point via a first wire (For the micro multi-joint actuator units 801, the processor 900 may cause current to be applied to one or two of the three shape memory alloy wires in each actuator unit 801 in order to heat and thereby contract the wires, Paragraph [0054], Figure 11) and a ground potential at a second point via a second wire (a multi-joint robot 800 having a common ground connection shared by all multi-joint actuator units 801, e.g., via an electrical connection between the center columns of the actuator units 801, Paragraph [0054], Figure 11).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Scott to incorporate
the teachings of Llinas by including wherein the thermal actuator is coupled to a supply voltage at a first point via a first wire and a ground potential at a second point via a second wire. The motivation to do so being to heat and thereby contract the wires for movement and further ground the actuator as known in the art for safety reasons (Llinas, Paragraph [0054]).
It would have been an obvious matter of design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the connections of the supply voltage and the ground wire to the thermal actuator of Scoot, since applicant has not disclosed that the specificity of the connection at the first and second points solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the connections all on the same side of the device as disclosed by Llinas.
Regarding claim 19, Scott in view of Llinas discloses the system of claim 18.
Scott further discloses wherein the thermal actuator is coupled to the solid arm at a third point (muscle wire 410 is connected to solid lever arm at a third point, Figure 4, Paragraph [0048]).
While Scott does not explicitly disclose wherein the current is applied to the muscle wire 410 by actuator 405 (which is opposite the connection of the muscle wire 410 to the lever arm 403), it would have been an obvious matter of design choice to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the connections of the supply voltage and the ground wire to be opposite of the third point where the thermal actuator is coupled to the solid arm, since applicant has not disclosed that the specificity of the connection of the thermal actuator to the solid arm at a third point opposite the first and second points solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the connections all being on the same side of the device as disclosed by Llinas.
Claims 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Scott in view of Najafi et al. (US 2012/0310067) herein referred to as “Najafi”.
Regarding claim 6, Scott discloses the device of claim 1.
Scott does disclose wherein the thermal actuator comprises a lever arm controlled by the shrinking of the muscle wire (thermal actuator comprises a muscle wire 410 that contracts and pulls the lever arm 403, Figure 4, Paragraph [0046]-[0048]). However, Scott does not explicitly disclose wherein the thermal actuator comprises a hot-and-cold- arm actuator.
Najafi discloses a thermal actuator comprising a hot-and-cold-arm actuator (hot-cold actuator 770, thermal expansion or contraction causes the actuator 770 to warp, thereby deploying the comb into the tissue, Paragraph [0060]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Scott to incorporate
the teachings of Najafi by including a thermal actuator that comprises a hot-and-cold arm actuator. The motivation to do so being to do a simple substitution of a shape-memory alloy thermal actuator for a hot-and-cold-arm actuator to obtain predictable results of moving a part closer to biological tissue as evidenced by Najafi (Najafi, Paragraph [0060]).
Regarding claim 14, Scott discloses the device of claim 9.
Scott does disclose wherein the thermal actuator comprises a lever arm controlled by the shrinking of the muscle wire (thermal actuator comprises a muscle wire 410 that contracts and pulls the lever arm 403, Figure 4, Paragraph [0046]-[0048]). However, Scott does not explicitly disclose wherein the thermal actuator comprises a hot-and-cold- arm actuator.
Najafi discloses a thermal actuator comprising a hot-and-cold-arm actuator (hot-cold actuator 770, thermal expansion or contraction causes the actuator 770 to warp, thereby deploying the comb into the tissue, Paragraph [0060]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Scott to incorporate
the teachings of Najafi by including a thermal actuator that comprises a hot-and-cold arm actuator. The motivation to do so being to do a simple substitution of a shape-memory alloy thermal actuator for a hot-and-cold-arm actuator to obtain predictable results of moving a part closer to biological tissue as evidenced by Najafi (Najafi, Paragraph [0060]).
Claims 8 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Scott in view of Just et al. (US 20170119314 A1) herein referred to as “Just”.
Regarding claim 8, Scott discloses the device of claim 1.
However Scott does not explicitly disclose wherein the thermal actuator comprises a bimorph actuator.
Just discloses a monitoring device (Abstract) comprising a thermal actuator wherein the thermal actuator comprises a bimorph actuator (a piezoelectric actuator (also known as a bimorph actuator) 26 is located within the stabilizer arm, Paragraphs [0087]-[0088], Figures 2A-2H).
It would have been to one having ordinary skill in the art before the effective filing date of the claimed invention to use a bimorph actuator, since applicant has not disclosed that the bimorph actuator solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with a thermal actuator wire, as thermal actuators and bimorph actuators are equivalent in the art as taught by Just (Paragraph [0140]-[0141]).
Regarding claim 16, Scott discloses the device of claim 9.
However Scott does not explicitly disclose wherein the thermal actuator comprises a bimorph actuator.
Just discloses a monitoring device (Abstract) comprising a thermal actuator wherein the thermal actuator comprises a bimorph actuator (a piezoelectric actuator (also known as a bimorph actuator) 26 is located within the stabilizer arm, Paragraphs [0087]-[0088], Figures 2A-2H).
It would have been to one having ordinary skill in the art before the effective filing date of the claimed invention to use a bimorph actuator, since applicant has not disclosed that the bimorph actuator solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with a thermal actuator wire, as thermal actuator wires and bimorph actuators are equivalent in the art as taught by Just (Paragraph [0140]-[0141]).
Claims 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Scott in view of Ghaffari et al. (US 2017/0095670) herein referred to as “Ghaffari”.
Regarding claim 17, Scott discloses a device including:
one or more electrodes (the transmitting electrodes 302 are adapted to be proximate to a user’s skin when the wearable is being worn, Figure 3, Paragraph [0035]);
and the control mechanism comprising a solid arm (actuator 405 comprises lever arm 403, Figure 4, Paragraph [0046]) and coupled to the one or more electrodes and to a thermal actuator (pressure actuator 305 receives commands from the processor in response to the measurements made (i.e. impedance measurements), Figure 3, Paragraph [0039], when current is applied to the muscle wire 410, the muscle wire 410 contracts and pulls lever arm 403 comprising multiple arms to move the electrode 401 and promotes contact between the electrode and the skin, see modified Figure 4, Paragraph [0048]),
wherein the control mechanism is configured to adjust an electrode-to-skin impedance using the thermal actuator that causes a first portion of the solid arm to rotate about a pivot and a second portion of the solid arm to move laterally through a structure of the device to cause movement in the one or more electrodes based on a change in length of the thermal actuator (pressure actuator 305 receives commands from the processor in response to the measurements made (i.e. impedance measurements) and actuates so as to place the pressure adaptive system to obtain the optimal profile, Figure 3, Paragraph [0039], the curvature of the skin is complex and features hills and valleys of varying dimension, the electrodes themselves are adapted to change their surface area or profile in order to better fit with and maintain pressure with a given portion of the skin, Paragraph [0029], when using an electrically controlled muscle wire, such as the Nickel Titanium Alloy, Nitinol, for an actuator, electricity is applied to the wire and the wire mechanically shrinks in length (seen as applying heat to the wire in order to move the electrodes to obtain the optimal contact profile between the electrodes and the skin, evidence in argument above), Paragraph [0043], when current is applied to the muscle wire 410, the muscle wire 410 contracts and pulls lever arm 403 comprising multiple arms to move the electrode 401 and promotes contact between the electrode and the skin, see Figure 4, Paragraph [0048], wherein lever arm 403 is movably supported via horizontal slot 406 and the vertical slot 409 (seen as a pivot), see modified Figure 4, Paragraph [0046], wherein the stiffening of the wire can be controlled so as to apply a specific amount of pressure and adjust contact profile of the electrodes and the skin, Paragraph [0040]).
However, Scott does not explicitly disclose a portable communication device; and a device communicatively coupled to the portable communication device.
Ghaffari discloses a portable communication device; and a device communicatively coupled to the portable communication device (the wearable sensing device 110 can communicate with one or more therapeutic devices 170 through an intermediate device such as an external hub 130 which can be a smart phone or other computerized device that can communicate with the sensing device 110 using any wired or wireless communication band, Paragraphs [0042]-[0043]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Scott to incorporate
the teachings of Ghaffari by including a portable communication device where the wearable device is communicatively coupled to the portable communication device. The motivation to do so being to analyze the sensor data and as a function of at least the sensor data, indirectly communicate with another device through an interface such as a separate control system in order to control the device (Ghaffari, Paragraph [0044]).
Regarding claim 20, Scott in view of Ghaffari discloses the device of claim 17.
Scott further discloses wherein the thermal actuator is embedded in a support material that forms at least part of the structure of the device (thermal actuator 110 is comprised with a support material of the structure of the device, Figure 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dana Stumpfoll whose telephone number is (703)756-4669. The examiner can normally be reached 9-5 pm (CT), M-F.
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, Joanne Rodden can be reached on (303) 297-4276. 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.
/DANA STUMPFOLL/Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
Prosecution Insights