DETAILED ACTION
Notice of Pre-AIA or AIA Status
In the present application, filed on or after March 16, 2013, claims 21-40 have been considered and examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10/24/2025 is in compliance with the provision of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by Examiner, except for the foreign documents and NPL because Examiner was not able to locate the above documents.
Claim Rejections – 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 38-40 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites a method for improving biometric sensor function, comprising: obtaining a biometric signal from a biometric sensor disposed on a base plate, the base plate adapted to contact an extremity of a user while being worn by the user; determining a signal strength from the biometric sensor does not satisfy a threshold signal strength; and responsive to determining the signal strength does not satisfy the threshold signal strength, triggering a control routine comprising one or more control actions for altering the signal strength of the biometric signal.
The limitations of obtaining a biometric signal from a biometric sensor disposed on a base plate, the base plate adapted to contact an extremity of a user while being worn by the user; determining a signal strength from the biometric sensor does not satisfy a threshold signal strength; and responsive to determining the signal strength does not satisfy the threshold signal strength, triggering a control routine comprising one or more control actions for altering the signal strength of the biometric signal, as drafted, is a process performed by a biometric sensor that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “by a biometric sensor,” nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “by a biometric sensor” language, “obtaining a biometric signal from a biometric sensor disposed on a base plate, the base plate adapted to contact an extremity of a user while being worn by the user; determining a signal strength from the biometric sensor does not satisfy a threshold signal strength; and responsive to determining the signal strength does not satisfy the threshold signal strength, triggering a control routine comprising one or more control actions for altering the signal strength of the biometric signal” in the context of this claim encompasses the user manually determine signal strengths of biometric signals in order to activate control actions.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitations in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites one additional element – using a processor to perform the above steps. The processor in the steps is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of the above steps) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
The claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a processor to perform both the above steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
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 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.
Claims 21-27, 33-35, and 37-39 are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (Han – US 10,874,348 B1) in view of Aumer et al. (Aumer – US 2019/0320246 A1).
As to claim 21, Han discloses a wearable computing device comprising:
a housing (Han: Abstract, column 4 lines 40-56, column 8 lines 61-column 9 lines 18, FIG. 1 the housing 102 and FIG. 3 the housing 302: Coupled to the housing 302 can be one or more force sensors, such as force sensor 304a, force sensor 304b, force sensor 304c, and force sensor 304d, and a PPG sensor system 322. PPG sensor system 322 can include light emitters 306 and photodetectors 308. In some examples, force sensing can include one or more sensors located around the perimeter of device 300. For example, force sensor 304a and force sensor 304b can be located near light emitter LED 2 and photodetector PD 1, respectively, and force sensor 304 c and force sensor 304d can be located near light emitter LED 1 and photodetector PD 0, respectively);
a base plate coupled to the housing (Han: column 9 lines 19-42, column 10 lines 42-51, column 12 lines 6-31, column 15 lines 46-column 16 lines 27, FIG. 3 the back plate 310), the base plate defining a bottom surface of the housing (Han: column 9 lines 19-42, column 10 lines 42-51, column 12 lines 6-31, column 15 lines 46-column 16 lines 27, FIG. 3 the back plate 310: a back plate attached to the housing, wherein the one or more PPG sensors are located in the back plate, and the one or more force sensors are located between the back plate and the housing), the base plate configured to contact an extremity of a user wearing the wearable computing device (Han: column 9 lines 19-42, column 10 lines 42-51, column 12 lines 6-31, column 15 lines 46-column 16 lines 27, FIG. 3 the back plate 310: In some examples, the one or more force sensors can be located closer to skin 340 such that transfer of force through back plate can be avoided. FIG. 3C illustrates an exemplary device including force sensors located between the back plate and the user according to examples of the disclosure. Force sensor 304a, force sensor 304b, force sensor 304c, and force sensor 304d can be disposed on back plate 310. In some examples, the force sensors can form a protrusion from device 300. In some examples, the force sensors can be flush with the cover structures 318);
a display (Han: Abstract, column 7 lines 50-62, FIG. 1 the touchscreen 110: an exemplary wearable device 100 is shown. Device 100 can include a housing 102 and a touch-sensitive display screen, such as touch screen 110); and
a biometric sensor disposed on the base plate or within the housing (Han: column 8 lines 30-35, column 8 lines 61-column 10 lines 51, FIG. 1 the GPS 132, the directional sensor 140, the accelerometer 132, the gyroscope 136, the motion sensor 138, and the force sensor 104), the biometric sensor configured to transmit a biometric signal (Han: column 4 lines 57-67, column 8 lines 30-35, column 8 lines 61-column 10 lines 51, FIG. 1 the GPS 132, the directional sensor 140, the accelerometer 132, the gyroscope 136, the motion sensor 138, and the force sensor 104: he wearable device may be any electronic device suitable for contact with a user's skin, e.g., a phone, wrist-watch, arm or wrist band, headband, or any device for collecting biometric information, PPG signals, or other types of physiological signals); wherein
the wearable computing device (Han: FIG. 1 the wearable device 100) is configured to:
obtain the biometric signal (Han: column 1 lines 53 – column 2 lines 8, column 4 lines 57-67, column 8 lines 30-35, column 8 lines 61-column 10 lines 51, column 15 lines 46-column 16 lines 27, and FIG. 1: The wearable devices and methods may include a force sensor that provides input used for motion-noise filtering to obtain improved PPG signals. Feedback from the force sensor may also be used to indicate whether the amount of pressure exerted by the device should be adjusted, or whether the device should be switched to a locked state).
Han does not explicitly disclose
determine a signal strength of the biometric signal does not satisfy a threshold signal strength; and
responsive to determining the signal strength of the biometric signal does not satisfy the threshold signal strength, triggering a control routing comprising one or more control actions for altering the signal strength of the biometric signal.
However, it has been known in the art of monitoring health conditions of a user to implement the method steps of determine a signal strength of the biometric signal does not satisfy a threshold signal strength; and
responsive to determining the signal strength of the biometric signal does not satisfy the threshold signal strength, triggering a control routing comprising one or more control actions for altering the signal strength of the biometric signal, as suggested by Aumer, which discloses the method steps of determine a signal strength of the biometric signal does not satisfy a threshold signal strength (Aumer: [0006], [0009], [0011], [0016]-[0017], [0092]-[0097], [0102], [0105], and FIG. 18-20: communicating information to the subject regarding the signal quality may include communicating instructions to the subject to adjust the biometric monitoring device relative to the body of the subject if the signal quality is below a threshold level. Communicating information to the subject regarding the signal quality also may include communicating information to the subject that the signal quality is above a threshold level); and
responsive to determining the signal strength of the biometric signal does not satisfy the threshold signal strength (Aumer: [0006], [0009], [0011], [0016]-[0017], [0092]-[0097], [0102], [0105], and FIG. 18-20: In some embodiments, the biometric monitoring device includes an actuator, and the method further comprises automatically adjusting the biometric monitoring device relative to the body of the subject via the actuator if the signal quality is below a threshold level), triggering a control routing comprising one or more control actions for altering the signal strength of the biometric signal (Aumer: [0073], [0075]-[0077], [0092]-[0097], [0102], [0105], and FIG. 18-20: Exemplary adjustment mechanisms 18 may include, but are not limited to, actuators, spacers, padding, straps, ear gel devices, ear stabilization pieces (such as pieces designed to fit within regions of the ear to stabilize an earbud within the ear), adjustment holes (such as the holes used to adjust a belt or wristband on the body via a bar or wedge that fits in the holes and secures the belt or band), ratcheting mechanism(s), spring mechanisms (such as structure that compresses a part of the housing or sensor region to the body of a subject), threaded mechanisms (such as a jackscrew, etc.), fluid compression mechanisms, air pumping mechanisms, etc. In some cases, the adjustment mechanism may be autonomous and may not require physical adjustment by the subject wearing the device).
Therefore, in view of teachings by Han and Aumer, it would have been obvious to one of the ordinary skill in the art before thee effective filing date of the claimed invention to implement in the wearable device of Han to include the method steps of determine a signal strength of the biometric signal does not satisfy a threshold signal strength; and
responsive to determining the signal strength of the biometric signal does not satisfy the threshold signal strength, triggering a control routing comprising one or more control actions for altering the signal strength of the biometric signal, as suggested by Aumer. The motivation for this is to accurately determine health conditions of a user based on received quality sensing information of sensing devices.
As to claim 22, Han and Aumer disclose the limitations of claim 21 further comprising the wearable computing device of claim 21, wherein the one or more control actions comprises displaying a notification prompting the user to manually adjust placement of the wearable computing device on the extremity of the user (Han: column 1 lines 53-column 2 lines 8, column 13 lines 15-35, and FIG. 1: Likewise, if the detected force signal is above a maximum force threshold, the wearable device can indicate to the user to decrease the pressure from the wearable device against the user's skin. Any suitable alert may be used as an indicator. For example, the alert may be a visual, audible, or mechanical (e.g., vibration) indicator. Feedback from the force sensor can be obtained in real-time. When the wearable device is a wrist-watch having a band, the force signal may indicate or suggest that the watch be moved to a different location (e.g., in a location on the forearm other than the wrist) or that the band be tightening or loosened to increase or decrease the pressure, respectively, against the user's skin. The methods for operating wearable devices are generally performed to obtain a PPG signal that provides data related to heart rate of a user and Aumer: Abstract, [0089], and FIG. 1: In some cases, determining that the subject is wearing the monitoring device 10 appropriately may involve audio-visual feedback from the monitoring device 10 and/or a remote device 40. For example, a prompt may notify a user to wear a wristband with the sensor region 34 located at a certain spot along the wrist. The processor(s) 14 may then determine whether the device is being worn appropriately in accordance with the audio-visual instructions ).
As to claim 23, Han and Aumer disclose the limitations of claim 21 further comprising the wearable computing device of claim 21, wherein the one or more control actions comprises displaying a real-time value for the signal strength of the biometric signal (Han: column 1 lines 53-column 2 lines 8, column 13 lines 15-35, and FIG. 1: Likewise, if the detected force signal is above a maximum force threshold, the wearable device can indicate to the user to decrease the pressure from the wearable device against the user's skin. Any suitable alert may be used as an indicator. For example, the alert may be a visual, audible, or mechanical (e.g., vibration) indicator. Feedback from the force sensor can be obtained in real-time. When the wearable device is a wrist-watch having a band, the force signal may indicate or suggest that the watch be moved to a different location (e.g., in a location on the forearm other than the wrist) or that the band be tightening or loosened to increase or decrease the pressure, respectively, against the user's skin. The methods for operating wearable devices are generally performed to obtain a PPG signal that provides data related to heart rate of a user and Aumer: [0073], [0075]-[0077], [0090]-[0097], [0102], [0105], and FIG. 12-20: FIG. 12 is an exemplary plot 500 of signal quality Qs (as may be determined by methods described earlier as well as other methods) over time for an exemplary run by a user wearing a biometric monitoring device 10. The dotted line 502 represents the minimum signal quality Qs that is acceptable for producing accurate physiological information. The signal quality Qs may dip below the minimum acceptable quality during certain aspects of the run, such as during erratic running motion or high ambient light interference. The processor(s) 14 may determine that the signal quality Qs is too low for the measured biometric to be accurate, preventing the errant biometric reading from being applied towards a physiological assessment.).
As to claim 24, Han and Aumer disclose the limitations of claim 21 further comprising the wearable computing device of claim 21, wherein the one or more control actions comprises providing a notification to the user once the threshold signal strength is achieved (Han: column 1 lines 53-column 2 lines 8, column 13 lines 15-35, and FIG. 1: Likewise, if the detected force signal is above a maximum force threshold, the wearable device can indicate to the user to decrease the pressure from the wearable device against the user's skin. Any suitable alert may be used as an indicator. For example, the alert may be a visual, audible, or mechanical (e.g., vibration) indicator. Feedback from the force sensor can be obtained in real-time. When the wearable device is a wrist-watch having a band, the force signal may indicate or suggest that the watch be moved to a different location (e.g., in a location on the forearm other than the wrist) or that the band be tightening or loosened to increase or decrease the pressure, respectively, against the user's skin. The methods for operating wearable devices are generally performed to obtain a PPG signal that provides data related to heart rate of a user and Aumer: [0073], [0075]-[0077], [0090]-[0099], [0102], [0105], and FIG. 12-20: if an assessment is taken over the course of time, then a notification may be given to the user when the assessment was calculated with 100% confidence and less than 100% confidence, such as the case for FIG. 17, where a plot 800 of HRR (Heart Rate Recovery) vs. time is presented for a user along with information about the confidence of that HRR score for each data point. For example, data points 802 represent 100% confidence in HRR and data points 804 represent less than 100% confidence in HRR).
As to claim 25, Han and Aumer disclose the limitations of claim 21 further comprising the wearable computing device of claim 21, wherein the one or more control actions comprises continually displaying a notification on the display until the threshold signal strength is achieved (Han: column 1 lines 53-column 2 lines 8, column 13 lines 15-35, and FIG. 1: Likewise, if the detected force signal is above a maximum force threshold, the wearable device can indicate to the user to decrease the pressure from the wearable device against the user's skin. Any suitable alert may be used as an indicator. For example, the alert may be a visual, audible, or mechanical (e.g., vibration) indicator. Feedback from the force sensor can be obtained in real-time. When the wearable device is a wrist-watch having a band, the force signal may indicate or suggest that the watch be moved to a different location (e.g., in a location on the forearm other than the wrist) or that the band be tightening or loosened to increase or decrease the pressure, respectively, against the user's skin. The methods for operating wearable devices are generally performed to obtain a PPG signal that provides data related to heart rate of a user and Aumer: Abstract, [0073], [0075]-[0077], [0089]-[0099], [0102], [0105], FIG. 1 and FIG. 12-20: In some cases, determining that the subject is wearing the monitoring device 10 appropriately may involve audio-visual feedback from the monitoring device 10 and/or a remote device 40. For example, a prompt may notify a user to wear a wristband with the sensor region 34 located at a certain spot along the wrist. The processor(s) 14 may then determine whether the device is being worn appropriately in accordance with the audio-visual instructions).
As to claim 26, Han and Aumer disclose the limitations of claim 21 further comprising the wearable computing device of claim 21, wherein the one or more control actions comprises providing a notification to the user when the threshold signal strength is not satisfied (Han: column 1 lines 53-column 2 lines 8, column 13 lines 15-35, and FIG. 1: Likewise, if the detected force signal is above a maximum force threshold, the wearable device can indicate to the user to decrease the pressure from the wearable device against the user's skin. Any suitable alert may be used as an indicator. For example, the alert may be a visual, audible, or mechanical (e.g., vibration) indicator. Feedback from the force sensor can be obtained in real-time. When the wearable device is a wrist-watch having a band, the force signal may indicate or suggest that the watch be moved to a different location (e.g., in a location on the forearm other than the wrist) or that the band be tightening or loosened to increase or decrease the pressure, respectively, against the user's skin. The methods for operating wearable devices are generally performed to obtain a PPG signal that provides data related to heart rate of a user and Aumer: [0073], [0075]-[0077], [0090]-[0099], [0102], [0105], and FIG. 12-20: if an assessment is taken over the course of time, then a notification may be given to the user when the assessment was calculated with 100% confidence and less than 100% confidence, such as the case for FIG. 17, where a plot 800 of HRR (Heart Rate Recovery) vs. time is presented for a user along with information about the confidence of that HRR score for each data point. For example, data points 802 represent 100% confidence in HRR and data points 804 represent less than 100% confidence in HRR).
As to claim 27, Han and Aumer disclose the limitations of claim 21 further comprising the wearable computing device of claim 21, wherein the wearable computing device is configured to detect an on-extremity condition (Han: column 3 lines 36-45, column 4 lines 40-56, column 11 lines 34-55, column 12 lines 44-column 13 lines 3, and FIG. 1: In further variations, feedback from the force sensor may be used to determine whether the device is not being worn, e.g., the device is off wrist, and is being switched to a locked state. An audible or visible indicator may be provided by the wearable device upon a change in state, e.g., worn to unworn and/or unworn to worn).
As to claim 33, Han and Aumer disclose the limitations of claim 21 further comprising the wearable computing device of claim 21, wherein the biometric sensor comprises an electrocardiogram (ECG) sensor, a photoplethysmography (PPG) sensor, a bioimpedance sensor, an electrodermal activity sensor (EDA), or combinations thereof (Han: column 1 lines 53 – column 2 lines 8, column 4 lines 57-67, column 8 lines 30-35, column 8 lines 61-column 10 lines 51, column 15 lines 46-column 16 lines 27, and FIG. 1: The wearable devices and methods may include a force sensor that provides input used for motion-noise filtering to obtain improved PPG signals. Feedback from the force sensor may also be used to indicate whether the amount of pressure exerted by the device should be adjusted, or whether the device should be switched to a locked state).
As to claim 34, Han and Aumer disclose the limitations of claim 21 further comprising the wearable computing device of claim 21, further comprising:
one or more bands configured to attach the wearable computing device to the extremity of the user (Han: Abstract, column 7 lines 63-column 8 lines 14, column 8 lines 61-column 9 lines 18, column 11 lines 6-33, column 13 lines 15-35, and FIG. 2 the band or strap 202: For example, referring to FIG. 2, a wearable device 200 is shown including a band or strap 202 for attaching device 200 to a body area (e.g., a wrist) of a user).
As to claim 35, Han and Aumer disclose the limitations of claim 34 further comprising the wearable computing device of claim 34, comprising a spring-loaded clasp coupled to the one or more bands for adjusting a tightness of the one or more bands against the extremity of the user (Han: column 7 lines 63-column 8 lines 14).
As to claim 37, Han and Aumer disclose the limitations of claim 34 further comprising the wearable computing device of claim 34, wherein each of the one or more bands comprise an aperture configured to mate with a ratchet mechanism, the ratchet mechanism configured to tighten or loosen the one or more bands (Han: Abstract, column 7 lines 63-column 8 lines 14, column 8 lines 61-column 9 lines 18, column 11 lines 6-33, column 13 lines 15-35, and FIG. 2 the band or strap 202: These attachment mechanisms can permit device 100 to be worn by a user. Exemplary attachment mechanisms include without limitation, bands that may be secured to the user through the use of hooks and loops (e.g., Velcro), a clasp, and/or a band having memory of its shape, e.g., through the use of a spring metal band. For example, referring to FIG. 2, a wearable device 200 is shown including a band or strap 202 for attaching device 200 to a body area (e.g., a wrist) of a user and Aumer: [0073]: Exemplary adjustment mechanisms 18 may include, but are not limited to, actuators, spacers, padding, straps, ear gel devices, ear stabilization pieces (such as pieces designed to fit within regions of the ear to stabilize an earbud within the ear), adjustment holes (such as the holes used to adjust a belt or wristband on the body via a bar or wedge that fits in the holes and secures the belt or band), ratcheting mechanism(s), spring mechanisms (such as structure that compresses a part of the housing or sensor region to the body of a subject), threaded mechanisms (such as a jackscrew, etc.), fluid compression mechanisms, air pumping mechanisms, etc).
As to claim 38, Han discloses a method for improving biometric sensor function, comprising:
obtaining a biometric signal (Han: column 1 lines 53 – column 2 lines 8, column 4 lines 57-67, column 8 lines 30-35, column 8 lines 61-column 10 lines 51, column 15 lines 46-column 16 lines 27, and FIG. 1: The wearable devices and methods may include a force sensor that provides input used for motion-noise filtering to obtain improved PPG signals. Feedback from the force sensor may also be used to indicate whether the amount of pressure exerted by the device should be adjusted, or whether the device should be switched to a locked state) from a biometric sensor disposed on a base plate (Han: column 4 lines 57-67, column 8 lines 30-35, column 8 lines 61-column 10 lines 51, FIG. 1 the GPS 132, the directional sensor 140, the accelerometer 132, the gyroscope 136, the motion sensor 138, and the force sensor 104: he wearable device may be any electronic device suitable for contact with a user's skin, e.g., a phone, wrist-watch, arm or wrist band, headband, or any device for collecting biometric information, PPG signals, or other types of physiological signals), the base plate (Han: column 9 lines 19-42, column 10 lines 42-51, column 12 lines 6-31, column 15 lines 46-column 16 lines 27, FIG. 3 the back plate 310) adapted to contact an extremity of a user while being worn by the user; (Han: column 9 lines 19-42, column 10 lines 42-51, column 12 lines 6-31, column 15 lines 46-column 16 lines 27, FIG. 3 the back plate 310: In some examples, the one or more force sensors can be located closer to skin 340 such that transfer of force through back plate can be avoided. FIG. 3C illustrates an exemplary device including force sensors located between the back plate and the user according to examples of the disclosure. Force sensor 304a, force sensor 304b, force sensor 304c, and force sensor 304d can be disposed on back plate 310. In some examples, the force sensors can form a protrusion from device 300. In some examples, the force sensors can be flush with the cover structures 318).
Han does not explicitly disclose the method steps of
determining a signal strength from the biometric sensor does not satisfy a threshold signal strength; and
responsive to determining the signal strength does not satisfy the threshold signal strength, triggering a control routine comprising one or more control actions for altering the signal strength of the biometric signal.
However, it has been known in the art of monitoring health conditions of a user to implement the method steps of determining a signal strength from the biometric sensor does not satisfy a threshold signal strength; and
responsive to determining the signal strength does not satisfy the threshold signal strength, triggering a control routine comprising one or more control actions for altering the signal strength of the biometric signal, as suggested by Aumer, which discloses the method steps of
determining a signal strength from the biometric sensor does not satisfy a threshold signal strength (Aumer: [0006], [0009], [0011], [0016]-[0017], [0092]-[0097], [0102], [0105], and FIG. 18-20: communicating information to the subject regarding the signal quality may include communicating instructions to the subject to adjust the biometric monitoring device relative to the body of the subject if the signal quality is below a threshold level. Communicating information to the subject regarding the signal quality also may include communicating information to the subject that the signal quality is above a threshold level); and
responsive to determining the signal strength does not satisfy the threshold signal strength (Aumer: [0006], [0009], [0011], [0016]-[0017], [0092]-[0097], [0102], [0105], and FIG. 18-20: In some embodiments, the biometric monitoring device includes an actuator, and the method further comprises automatically adjusting the biometric monitoring device relative to the body of the subject via the actuator if the signal quality is below a threshold level), triggering a control routine comprising one or more control actions for altering the signal strength of the biometric signal (Aumer: [0073], [0075]-[0077], [0092]-[0097], [0102], [0105], and FIG. 18-20: Exemplary adjustment mechanisms 18 may include, but are not limited to, actuators, spacers, padding, straps, ear gel devices, ear stabilization pieces (such as pieces designed to fit within regions of the ear to stabilize an earbud within the ear), adjustment holes (such as the holes used to adjust a belt or wristband on the body via a bar or wedge that fits in the holes and secures the belt or band), ratcheting mechanism(s), spring mechanisms (such as structure that compresses a part of the housing or sensor region to the body of a subject), threaded mechanisms (such as a jackscrew, etc.), fluid compression mechanisms, air pumping mechanisms, etc. In some cases, the adjustment mechanism may be autonomous and may not require physical adjustment by the subject wearing the device).
Therefore, in view of teachings by Han and Aumer, it would have been obvious to one of the ordinary skill in the art before thee effective filing date of the claimed invention to implement in the wearable device of Han to include the method steps of determining a signal strength from the biometric sensor does not satisfy a threshold signal strength; and
responsive to determining the signal strength does not satisfy the threshold signal strength, triggering a control routine comprising one or more control actions for altering the signal strength of the biometric signal, as suggested by Aumer. The motivation for this is to accurately determine health conditions of a user based on received quality sensing information of sensing devices.
As to claim 39, Han and Aumer disclose the limitations of claim 38 further comprising the method of claim 38, wherein performing the one or more control actions comprises continuously displaying a notification on the display until the signal strength of the biometric signal from the biometric sensor satisfies the threshold signal strength (Han: column 1 lines 53-column 2 lines 8, column 13 lines 15-35, and FIG. 1: Likewise, if the detected force signal is above a maximum force threshold, the wearable device can indicate to the user to decrease the pressure from the wearable device against the user's skin. Any suitable alert may be used as an indicator. For example, the alert may be a visual, audible, or mechanical (e.g., vibration) indicator. Feedback from the force sensor can be obtained in real-time. When the wearable device is a wrist-watch having a band, the force signal may indicate or suggest that the watch be moved to a different location (e.g., in a location on the forearm other than the wrist) or that the band be tightening or loosened to increase or decrease the pressure, respectively, against the user's skin. The methods for operating wearable devices are generally performed to obtain a PPG signal that provides data related to heart rate of a user and Aumer: Abstract, [0073], [0075]-[0077], [0089]-[0099], [0102], [0105], FIG. 1 and FIG. 12-20: In some cases, determining that the subject is wearing the monitoring device 10 appropriately may involve audio-visual feedback from the monitoring device 10 and/or a remote device 40. For example, a prompt may notify a user to wear a wristband with the sensor region 34 located at a certain spot along the wrist. The processor(s) 14 may then determine whether the device is being worn appropriately in accordance with the audio-visual instructions).
Claims 28-32, 36, and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (Han – US 10,874,348 B1) in view of Aumer et al. (Aumer – US 2019/0320246 A1) and further in view of Bushnell et al. (Bushnell – US 2017/0086743 A1).
As to claim 28, Han and Aumer disclose the limitations of claim 21 except for the claimed limitations of the wearable computing device of claim 21, wherein a user input is required for the wearable computing device to perform the one or more control actions.
However, it has been known in the art of wearable devices to implement wherein a user input is required for the wearable computing device to perform the one or more control actions, as suggested by Bushnell, which discloses wherein a user input is required for the wearable computing device to perform the one or more control actions (Bushnell: Abstract, [0014]-[0017], [0038], [0042]-[0046], [0058], [0073]-[0075], [0080], [0082]-[0083], and FIG. 8: In some implementations of such an example, the example method 800 may include the additional operation of causing the band to be adjusted if the band tightness is not within the tightness range. In some cases, the user may be notified prior to adjustment of the band. In such cases, the user may be able to override band adjustment in response to such a notification).
Therefore, in view of teachings by Han, Aumer, and Bushnell, it would have been obvious to one of the ordinary skill in the art before thee effective filing date of the claimed invention to implement in the wearable device of Han and Aumer to include wherein a user input is required for the wearable computing device to perform the one or more control actions, as suggested by Bushnell. The motivation for this is to implement a known alternative mechanism for controlling operations of a wearable device.
As to claim 29, Han and Aumer disclose the limitations of claim 21 except for the claimed limitations of the wearable computing device of claim 21, wherein the one or more control actions comprises utilizing one or more actuators to adjust the base plate against the extremity of the user.
However, it has been known in the art of wearable devices to implement wherein the one or more control actions comprises utilizing one or more actuators to adjust the base plate against the extremity of the user, as suggested by Bushnell, which discloses wherein the one or more control actions comprises utilizing one or more actuators to adjust the base plate against the extremity of the user (Bushnell: Abstract, [0014]-[0017], [0038], [0042]-[0046], [0058], [0073]-[0075], [0080], [0082]-[0083], and FIG. 8-10: the determined force on the cover glass may be adjusted using the second force signal. For example, the second force signal may be subtracted from the determined force on the cover glass. This may allow a determined force on the cover glass to be obtained that is free of influence from forces exerted on the housing component).
Therefore, in view of teachings by Han, Aumer, and Bushnell, it would have been obvious to one of the ordinary skill in the art before thee effective filing date of the claimed invention to implement in the wearable device of Han and Aumer to include wherein the one or more control actions comprises utilizing one or more actuators to adjust the base plate against the extremity of the user, as suggested by Bushnell. The motivation for this is to implement a known alternative mechanism for controlling operations of a wearable device.
As to claim 30, Han, Aumer, and Bushnell discloses the limitations of claim 29 further comprising the wearable computing device of claim 29, wherein the one or more actuators are configured to move the base plate towards the extremity of the user in a first direction and away from the extremity of the user in a second direction that is opposite from the first direction (Bushnell: Abstract, [0014]-[0017], [0038], [0042]-[0046], [0058], [0072]-[0075], [0080], [0082]-[0083], and FIG. 8-10: An exertion of force on the housing component 504 may bring the first and second electrodes 536 and 537 closer together, changing the capacitance of a capacitor formed by the first and second electrodes 536 and 537. The processing unit 518 may monitor force signals from the first and/or second electrodes 536 and 537 and correlate the capacitance changes to an amount of force exerted on the housing component 504).
As to claim 31, Han, Aumer, and Bushnell discloses the limitations of claim 21 further comprising the wearable computing device of claim 21, wherein the one or more control actions comprises utilizing an input device disposed on the housing configured to control one or more actuators to adjust contact of the base plate against the extremity of the user (Bushnell: Abstract, [0014]-[0017], [0038], [0042]-[0046], [0058], [0072]-[0075], [0080], [0082]-[0083], and FIG. 8-10: An exertion of force on the housing component 504 may bring the first and second electrodes 536 and 537 closer together, changing the capacitance of a capacitor formed by the first and second electrodes 536 and 537. The processing unit 518 may monitor force signals from the first and/or second electrodes 536 and 537 and correlate the capacitance changes to an amount of force exerted on the housing component 504) until the threshold signal strength is achieved (Han: column 1 lines 53-column 2 lines 8, column 13 lines 15-35, and FIG. 1: Likewise, if the detected force signal is above a maximum force threshold, the wearable device can indicate to the user to decrease the pressure from the wearable device against the user's skin. Any suitable alert may be used as an indicator. For example, the alert may be a visual, audible, or mechanical (e.g., vibration) indicator. Feedback from the force sensor can be obtained in real-time. When the wearable device is a wrist-watch having a band, the force signal may indicate or suggest that the watch be moved to a different location (e.g., in a location on the forearm other than the wrist) or that the band be tightening or loosened to increase or decrease the pressure, respectively, against the user's skin. The methods for operating wearable devices are generally performed to obtain a PPG signal that provides data related to heart rate of a user and Aumer: Abstract, [0073], [0075]-[0077], [0089]-[0099], [0102], [0105], FIG. 1 and FIG. 12-20: In some cases, determining that the subject is wearing the monitoring device 10 appropriately may involve audio-visual feedback from the monitoring device 10 and/or a remote device 40. For example, a prompt may notify a user to wear a wristband with the sensor region 34 located at a certain spot along the wrist. The processor(s) 14 may then determine whether the device is being worn appropriately in accordance with the audio-visual instructions).
As to claim 32, Han and Aumer disclose the limitations of claim 21 except for the claimed limitations of the wearable computing device of claim 21, wherein the base plate is spring-mounted to the housing.
However, it has been known in the art of wearable devices to implement wherein the base plate is spring-mounted to the housing, as suggested by Bushnell, which discloses wherein the base plate is spring-mounted to the housing (Bushnell: Abstract, [0040], and FIG. 2 the housing component 104: The housing component 104 may be coupled to the main body 101 via a housing component force sensor 210 (such as via one or more adhesives, springs, and/or other attachment mechanisms). The housing component force sensor 210 may include one or more first electrodes 211 separated from one or more second electrodes 213 by a deformable material 212 (such as silicone, an air gap, and so on). For example, the first and second electrodes 211 and 213 may be discrete electrodes or sets of electrodes).
Therefore, in view of teachings by Han, Aumer, and Bushnell, it would have been obvious to one of the ordinary skill in the art before thee effective filing date of the claimed invention to implement in the wearable device of Han and Aumer to include wherein the base plate is spring-mounted to the housing, as suggested by Bushnell. The motivation for this is to implement a known alternative mechanism for housing a base plate to a housing of a wearable device .
As to claim 36, Han, Aumer, and Bushnell discloses the limitations of claim 34 further comprising the wearable computing device of claim 34, wherein the one or more bands comprise one or more end attachments configured to be coupled to the housing, wherein the one or more end attachments comprises an elastic prong configured to be received in a groove in the housing (Bushnell: Abstract, [0014]-[0017], [0037]-[0038], [0042]-[0046], [0058], [0072]-[0075], [0080], [0082]-[0083], and FIG. 2-10: the wearable electronic device 100 may include a main body 101 that is operable to be coupled to the body part of a user (such as a wrist) via the band 102 or other attachment mechanism. For example, the band 102 may be operable to attach to the main body 101 and to the body part of the user, thus attaching the main body 101 to the body part of the user. A housing component 104 (such as a plate, a curved plate, or other surface component) may be coupled to the main body 101 in such a way that the wearable electronic device 100 may determine the amount of force exerted by the user's body part contacting the housing component 104 when the band 102 is attached to user).
As to claim 40, Han, Aumer, and Bushnell discloses the limitations of claim 38 further comprising the method of claim 38, wherein performing one or more control actions comprises adjusting one or more actuators configured to adjust the base plate in a first direction against the extremity of the user or in a second direction away from the extremity of the user (Bushnell: Abstract, [0014]-[0017], [0038], [0042]-[0046], [0058], [0072]-[0075], [0080], [0082]-[0083], and FIG. 8-10: An exertion of force on the housing component 504 may bring the first and second electrodes 536 and 537 closer together, changing the capacitance of a capacitor formed by the first and second electrodes 536 and 537. The processing unit 518 may monitor force signals from the first and/or second electrodes 536 and 537 and correlate the capacitance changes to an amount of force exerted on the housing component 504) until the threshold signal strength is achieved (Han: column 1 lines 53-column 2 lines 8, column 13 lines 15-35, and FIG. 1: Likewise, if the detected force signal is above a maximum force threshold, the wearable device can indicate to the user to decrease the pressure from the wearable device against the user's skin. Any suitable alert may be used as an indicator. For example, the alert may be a visual, audible, or mechanical (e.g., vibration) indicator. Feedback from the force sensor can be obtained in real-time. When the wearable device is a wrist-watch having a band, the force signal may indicate or suggest that the watch be moved to a different location (e.g., in a location on the forearm other than the wrist) or that the band be tightening or loosened to increase or decrease the pressure, respectively, against the user's skin. The methods for operating wearable devices are generally performed to obtain a PPG signal that provides data related to heart rate of a user and Aumer: Abstract, [0073], [0075]-[0077], [0089]-[0099], [0102], [0105], FIG. 1 and FIG. 12-20: In some cases, determining that the subject is wearing the monitoring device 10 appropriately may involve audio-visual feedback from the monitoring device 10 and/or a remote device 40. For example, a prompt may notify a user to wear a wristband with the sensor region 34 located at a certain spot along the wrist. The processor(s) 14 may then determine whether the device is being worn appropriately in accordance with the audio-visual instructions).
Citation of Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
Schlagenhauf et al., US 2023/0005354 A1, discloses integrated sensing and actuation module for wristband enabling identification and/or compensation for band tightness.
English, US 2024/0023820 A1, discloses wearable devices and methods for providing therapy to a user and/or for measuring physiological parameters of the user.
Jung et al., US 12,588,871 B2, discloses method for calibrating external light for bio-signal measurement, and electronic device and storage medium therefor.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUANG PHAM whose telephone number is (571)-270-3668. The examiner can normally be reached 09:00 AM - 05:00 PM.
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, QUAN-ZHEN WANG can be reached at (571)-272-3114. 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.
/QUANG PHAM/Primary Examiner, Art Unit 2685
