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 .
Election/Restrictions
Claims 7-12 and 14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/21/2026.
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.
(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, 6, and 13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Moody et al. (US20250160747, hereafter Moody).
Regarding claim 1, Moody discloses a medical sensor, comprising:
at least one light emitter (emitters 22) configured to emit light (Moody, Para 31; “The sensor 14 includes optical components in the form of one or more emitters 22 (referred to herein as an emitter for convenience) […] The emitter 22 includes at least two light emitting diodes (LEDs) that are configured to emit at least two wavelengths of light”);
at least one light detector (detectors 24) configured to output a signal corresponding to an amount of incident light (Moody, Para 31; “The sensor 14 includes […] one or more detectors 24 (referred to herein as a detector for convenience).”) (Moody, Para 33; “The emitter 22 emits light that passes through blood perfused tissue, and the detector 24 detects the light as reflected or transmitted by the tissue. The emitter 22 and the detector 24 may be arranged in a transmission configuration or a reflectance configuration with respect to one another. In the transmission configuration, the light enters the detector 24 after passing through the tissue of the patient. In the reflectance configuration, the light is reflected by elements in the tissue of the patient to enter the detector 24. In any case, the detector 24 may generate a signal (e.g., PPG signal) indicative of an intensity of the light received at the detector 24, and the detector 24 may send the signal to the monitor 12”); and
a supporting member adapted to be attached to a body of a subject (Moody, Para 41; “The first adhesive 66 facilitates application and re-positioning on the patient by attaching the first bandage 60 to itself via the first adhesive portion. For example, the first bandage 60 may wrap around a finger of the patient and attach to itself via the first adhesive portion. The first bandage 60 may adapt (e.g., conform) closely to the finger of the patient upon self-adherence. Indeed, the first bandage 60 may adhere to itself upon contact between a respective second surface (e.g., top surface) and the first adhesive portion. In this manner, the first bandage 60 may securely stick to itself without additional fasteners (e.g., without separate tape, clips, or wraps).”),
wherein the supporting member includes: a first supporting portion supporting and covering the light emitter; a second supporting portion supporting and covering the light detector; and a third supporting portion located between the first supporting portion and the second supporting portion (Moody, Annotated Figure 4 showing this); and
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wherein at least one of the first supporting portion, the second supporting portion and the third supporting portion includes a portion with higher flexibility than an adjacent portion thereof (Moody, Figures 3-4, showing that second bandage does not extend fully into the second supporting portion”) (Moody, Para 39; “The sensor 14 includes the sensor body 15, which includes a first bandage 60 (e.g., a top bandage) that couples to a second bandage 62 (e.g., a bottom bandage). The first bandage 60 and the second bandage 62 are coupled together via any suitable adhesive.”) (Moody, Para 46; “The first light blocking layer 72 includes the tear prevention portion 74 extending along the lateral axis 52. […] Moreover, the tear prevention portion 74 may include a first portion of metallized tape and a second portion of metallized tape. In some embodiments, the first portion of the metallized tape may be placed along a first side (e.g., a left side along the lateral axis 52) of the first light blocking layer 72 and the second portion of the metallized tape may be placed along a second side (e.g., a right side along the lateral axis 52) of the first light blocking layer 72”).
A person having ordinary skill would understand that the addition of second bandage 62 and metallized tape 74 would make the first and third supporting portions more rigid than the second supporting portion.
Regarding claim 2, Moody discloses all of the limitations of claim 1 as discussed above.
Moody further discloses wherein the supporting member includes:
a substrate (backing 68); and
a first surface-treated layer (first light blocking layer 72) formed on a surface of the substrate and having a different physical property from the substrate (Moody, Para 45; “The first light blocking layer 72 extends along the longitudinal axis 50 and the lateral axis 52 and obstructs (e.g., blocks, suppresses) light (e.g., blocks ambient light from reaching the detector 24). With reference to FIG. 3 , a covered portion of the backing 68 that is positioned over the first light blocking layer 72 may include openings (e.g., the through holes 78 covered by the first light blocking layer 72; as a result of manufacturing techniques for the backing 68)”),
wherein the first surface-treated layer is not formed at the portion with higher flexibility (Moody, Figures 3-4 showing this) (Moody, Para 43; “at least the first adhesive portion of the first bandage 60 (e.g., defined by or including the first adhesive 66 on an exposed portion of the respective first surface of the backing 68 that does not overlap with or is not covered by the first light blocking layer 72)”).
Regarding claim 3, Moody discloses all of the limitations of claim 2 as discussed above.
Moody further discloses wherein the first surface-treated layer is so formed as to exhibit a different appearance from the substrate (Moody, Para 45; “The first light blocking layer 72 extends along the longitudinal axis 50 and the lateral axis 52 and obstructs (e.g., blocks, suppresses) light (e.g., blocks ambient light from reaching the detector 24). With reference to FIG. 3 , a covered portion of the backing 68 that is positioned over the first light blocking layer 72 may include openings (e.g., the through holes 78 covered by the first light blocking layer 72; as a result of manufacturing techniques for the backing 68)”) (Moody, Para 46; “The first light blocking layer 72 includes the tear prevention portion 74 extending along the lateral axis 52. […] Moreover, the tear prevention portion 74 may include a first portion of metallized tape and a second portion of metallized tape. In some embodiments, the first portion of the metallized tape may be placed along a first side (e.g., a left side along the lateral axis 52) of the first light blocking layer 72 and the second portion of the metallized tape may be placed along a second side (e.g., a right side along the lateral axis 52) of the first light blocking layer 72”).
Regarding claim 4, Moody discloses all of the limitations of claim 2 as discussed above.
Moody further discloses wherein the supporting member includes a second surface-treated layer formed on a surface of at least one of the substrate and the first surface-treated layer so as to provide information for assisting attachment to the body of the subject (Moody, Para 44; “, the backing 68, the first light blocking layer 72, and/or the tear prevention portion 74 includes markers 70 (e.g., a first marker 70A and a second marker 70B) […] The markers 70 may be distinct in color (e.g., a contrasting color relative to a remainder or at least adjacent portions of the backing 68), shape, length, width, and/or location to enable the identification or recognition. Thus, the identification or recognition of the one or more edges of the backing 68 enables (e.g., by an operator, such as the patient or a medical professional) an initiation of a process of pulling the backing 68 apart after the self-adherence. It should be noted that although FIG. 3 illustrates two markers, any suitable number of markers may be included in the backing 68 to enable the identification or recognition of the edges of the backing 68.”).
Regarding claim 6, Moody discloses all of the limitations of claim 1 as discussed above.
Moody further discloses wherein the supporting member exhibits an axisymmetric shape relative to a straight line connecting the light emitter and the light detector (Moody, Figure 2 showing this).
Regarding claim 13, Moody discloses sensor supporting member adapted to attach to a body of a subject (Moody, Para 41; “The first adhesive 66 facilitates application and re-positioning on the patient by attaching the first bandage 60 to itself via the first adhesive portion. For example, the first bandage 60 may wrap around a finger of the patient and attach to itself via the first adhesive portion. The first bandage 60 may adapt (e.g., conform) closely to the finger of the patient upon self-adherence. Indeed, the first bandage 60 may adhere to itself upon contact between a respective second surface (e.g., top surface) and the first adhesive portion. In this manner, the first bandage 60 may securely stick to itself without additional fasteners (e.g., without separate tape, clips, or wraps).”), a medical sensor provided with at least one light emitter (emitters 22) configured to emit light (Moody, Para 31; “The sensor 14 includes optical components in the form of one or more emitters 22 (referred to herein as an emitter for convenience) […] The emitter 22 includes at least two light emitting diodes (LEDs) that are configured to emit at least two wavelengths of light”) and at least one light detector (detectors 24) configured to output a signal corresponding to an amount of incident light (Moody, Para 31; “The sensor 14 includes […] one or more detectors 24 (referred to herein as a detector for convenience).”) (Moody, Para 33; “The emitter 22 emits light that passes through blood perfused tissue, and the detector 24 detects the light as reflected or transmitted by the tissue. The emitter 22 and the detector 24 may be arranged in a transmission configuration or a reflectance configuration with respect to one another. In the transmission configuration, the light enters the detector 24 after passing through the tissue of the patient. In the reflectance configuration, the light is reflected by elements in the tissue of the patient to enter the detector 24. In any case, the detector 24 may generate a signal (e.g., PPG signal) indicative of an intensity of the light received at the detector 24, and the detector 24 may send the signal to the monitor 12”); the sensor supporting member comprising:
a first supporting portion supporting and covering the light emitter; a second supporting portion supporting and covering the light detector; and a third supporting portion located between the first supporting portion and the second supporting portion (Moody, Annotated Figure 4 showing this); and
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wherein at least one of the first supporting portion, the second supporting portion and the third supporting portion includes a portion with higher flexibility than an adjacent portion thereof (Moody, Figures 3-4, showing that second bandage does not extend fully into the second supporting portion”) (Moody, Para 39; “The sensor 14 includes the sensor body 15, which includes a first bandage 60 (e.g., a top bandage) that couples to a second bandage 62 (e.g., a bottom bandage). The first bandage 60 and the second bandage 62 are coupled together via any suitable adhesive.”) (Moody, Para 46; “The first light blocking layer 72 includes the tear prevention portion 74 extending along the lateral axis 52. […] Moreover, the tear prevention portion 74 may include a first portion of metallized tape and a second portion of metallized tape. In some embodiments, the first portion of the metallized tape may be placed along a first side (e.g., a left side along the lateral axis 52) of the first light blocking layer 72 and the second portion of the metallized tape may be placed along a second side (e.g., a right side along the lateral axis 52) of the first light blocking layer 72”).
A person having ordinary skill would understand that the addition of second bandage 62 and metallized tape 74 would make the first and third supporting portions more rigid than the second supporting portion.
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Moody and Sawada et al. (US20230086296, hereafter Sawada).
Regarding claim 5, Moody discloses all of the limitations of claim 2 as discussed above.
Moody does not clearly and explicitly disclose wherein the substrate is formed with nonwoven fabric.
In an analogous wearable detection device field of endeavor Sawada discloses wherein a substrate is formed with nonwoven fabric (Sawada, Para 49; “With the water-absorbing layer 134, the wearable device 100 can reduce influence on a human body (skin), such as cell toxicity, sensitization (allergy reaction), and irritation. In particular, the influence on a human body can be further reduced when non-woven fabric is employed as the water-absorbing layer 134.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Moody wherein the substrate is formed with nonwoven fabric in order to reduce influence on a human body (skin), such as cell toxicity, sensitization (allergy reaction), and irritation as taught by Sawada (Sawada, Para 49).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John Li whose telephone number is (313)446-4916. The examiner can normally be reached Monday to Thursday; 5:30 AM to 3:30 PM Eastern.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pascal Bui-Pho can be reached at (571) 272-2714. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN D LI/Primary Examiner, Art Unit 3798
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