DETAILED ACTION
Claims 1-20 filed May 13th 2025 are pending in the current 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 .
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 1-12, 14-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 7-9, and 13-16 of U.S. Patent No. 12,322,304. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the current application are broader in scope than the ‘304 patent.
Current Application
U.S. Patent No. 12,322,304
1. A wearable optical device comprising a ring configured to surround an appendage of a user and including a stationary section and a rotatable section rotatably coupled to the stationary section, the ring defining an outer surface and an inner surface opposite the outer surface adapted to face toward a skin surface of the appendage, and a plurality of sensor assemblies disposed circumferentially about the inner surface of the ring and configured to measure physiological signals of the user, wherein, in response to rotation of the rotatable section of the ring relative to the stationary section of the ring, the wearable optical device is configured to move between (i) an open configuration in which the plurality of sensor assemblies moves outwardly away from a centerpoint of the ring to be disposed proximal to the inner surface of the ring and (ii) a closed configuration in which the plurality of sensor assemblies moves inwardly toward the centerpoint of the ring.
1. A wearable optical device comprising: a ring configured to surround an appendage, the ring comprising an outer surface and an inner surface facing the appendage; a plurality of light sources disposed circumferentially about the inner surface and configured to direct light towards the appendage; a plurality of detectors disposed circumferentially about the inner surface, each detector configured to receive light from the appendage, the light being reflected from and/or transmitted through the appendage from at least one of the plurality of light sources; and a circuit board disposed within the ring and operatively connected to each of the plurality of light sources and each of the plurality of detectors, wherein the plurality of light sources and the plurality of detectors are configured to operate together to generate data suitable for conducting diffuse optical tomography on the appendage, wherein the ring includes a stationary section and a rotatable section rotatably coupled to the stationary section and configured to change the device between (i) an open configuration in which the plurality of light sources and the plurality of detectors move outwardly away from a centerpoint of the ring to be disposed proximal to the inner surface of the ring and (ii) a closed configuration in which the plurality of light sources and the plurality of detectors move inwardly toward the centerpoint of the ring to contact the appendage.
2. The wearable optical device of claim 1, wherein each of the plurality of sensor assemblies includes a sensor interface, a light source coupled to the sensor interface and configured to direct light toward the appendage, and a light detector coupled to the sensor interface and configured to receive light from the appendage.
2. The device of claim 1, wherein each of the plurality of light sources comprises a contact surface configured to contact the appendage and each of the plurality of detectors comprises a contact surface configured to contact the appendage, wherein the plurality of light sources and the plurality of detectors are arranged in pairs.
3. The wearable optical device of claim 2, wherein the light source of each of the plurality of sensor assemblies defines a contact surface configured to contact the skin surface of the appendage and the light detector of each of the plurality of sensor assemblies defines a contact surface configured to contact the skin surface of the appendage.
3. The device of claim 2, wherein each light source and detector of each pair is disposed within a common housing.
4. The wearable optical device of claim 2, wherein each of the plurality of sensor assemblies further includes a biasing mechanism coupled to the sensor interface and configured to bias the corresponding sensor assembly toward the skin surface of the appendage.
5. The device of claim 3, further comprising a plurality of biasing mechanisms each configured to bias a respective one of the common housings towards the appendage.
5. The wearable optical device of claim 2, wherein each of the plurality of sensor assemblies further includes a position sensor coupled to the sensor interface and configured to measure a radial distance between the corresponding sensor assembly and the centerpoint of the ring.
8. The device of claim 1, further comprising a plurality of position sensors, each position sensor configured to measure radial deflection of at least one of the plurality of light sources and the plurality of detectors by the appendage.
6. The wearable optical device of claim 2, wherein each of the plurality of sensor assemblies further includes a pressure transducer coupled to the sensor interface and configured to quantify a force of pressure between the skin surface and the sensor interface.
7. The device of claim 2, further comprising a plurality of pressure sensors, each pressure sensor configured to measure pressure of the appendage against the contact surfaces of at least one of a respective one of the plurality of light sources and the plurality of detectors.
7. The wearable optical device of claim 2, wherein each of the plurality of sensor assemblies further includes a temperature sensor coupled to the sensor interface and configured to measure a temperature of the appendage.
13. The device of claim 1, further comprising at least one of: a skin temperature sensor, an ambient temperature sensor, or a sensor configured to measure movement of the device.
8. The wearable optical device of claim 2, wherein the light source and the light detector of each of the plurality of sensor assemblies are configured to operate together to generate data suitable for conducting diffuse optical tomography on the appendage.
See claim 1
9. The wearable optical device of claim 1, wherein the inner surface of the ring is formed to define a recess that extends into the inner surface of the ring toward the outer surface of the ring.
4. The device of claim 3, further comprising a carrier disposed within a recess formed in the inner surface of the ring, the carrier configured to couple the plurality of light sources and the plurality of detectors to the ring.
10. The wearable optical device of claim 9, further comprising a carrier disposed within the recess, and wherein the plurality of sensor assemblies is coupled to the carrier.
4. The device of claim 3, further comprising a carrier disposed within a recess formed in the inner surface of the ring, the carrier configured to couple the plurality of light sources and the plurality of detectors to the ring.
11. The wearable optical device of claim 10, wherein the stationary section of the ring is fixed to the carrier and the rotatable section of the ring is configured to rotate around the carrier.
See claim 1
12. The wearable optical device of claim 10, wherein the carrier is formed to include a plurality of openings circumferentially spaced apart from one another about the carrier.
9. The device of claim 1, wherein the plurality of light sources comprises eight light sources disposed at equal intervals about the circumference of the inner surface, and wherein the plurality of detectors comprises eight detectors disposed at equal intervals about the circumference of the inner surface.
14. A method comprising providing a ring configured to surround an appendage of a user, the ring including a stationary section and a rotatable section rotatably coupled to the stationary section, coupling a plurality of sensor assemblies circumferentially about an inner surface of the ring, rotating the rotatable section of the ring relative to the stationary section of the ring in a first direction to cause the plurality of sensor assemblies to move outwardly away from a centerpoint of the ring to be disposed proximal to the inner surface of the ring, rotating the rotatable section of the ring relative to the stationary section of the ring in a second direction opposite the first direction to cause the plurality of sensor assemblies to move inwardly toward the centerpoint of the ring, and measuring physiological signals of the user with the plurality of sensor assemblies.
14. A method of obtaining a signal from a subject comprising: given a wearable optical device disposed around an appendage, the device comprising a plurality of light sources and a plurality of detectors disposed circumferentially around the appendage; rotating a rotatable section of the device relative to a stationary section of the device to cause the plurality of light sources and the plurality of detectors to move inwardly toward a centerpoint of the device; emitting light from one of the plurality of light sources individually; receiving signals from each of the plurality of detectors, repeating the emitting and receiving for each of the plurality of light sources; and generating data from the received signals, the data being suitable for conducting 2D or 3D diffuse optical tomography on the appendage.
15. The method of claim 14, wherein the step of rotating the rotatable section of the ring relative to the stationary section of the ring in a second direction includes contacting a skin surface of the appendage with the plurality of sensor assemblies.
15. The method of claim 14, wherein the step of rotating includes moving the plurality of light sources and the plurality of detectors towards the appendage until they contact the appendage.
16. The method of claim 14, wherein each of the plurality of sensor assemblies includes a light source and a light detector.
See claim 14
17. The method of claim 16, further comprising emitting light from the light source of one of the plurality of sensor assemblies individually.
See claim 14
18. The method of claim 17, further comprising, after the step of emitting light, receiving signals from the light detector of each of the plurality of sensor assemblies.
16. The method of claim 14, wherein the signals are received from two or more of the plurality of detectors at a time.
19. The method of claim 18, further comprising repeating the steps of emitting and receiving for the light source of each of the plurality of sensor assemblies.
See claim 14
20. The method of claim 19, further comprising generating data from the received signals, the data being suitable for conducting 2D or 3D diffuse optical tomography on the appendage.
See claim 14
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)(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.
Claim(s) 1-4, 6-7, 9-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Huttunen (US2023/0190197).
Consider claim 1, where Huttunen teaches a wearable optical device comprising a ring configured to surround an appendage of a user and including a stationary section and a rotatable section rotatably coupled to the stationary section, (See Huttunen Fig. 3 and ¶95-97, 148 the mechanism 335 may be configured to move the sensor component(s) 330 by applying force to the sensor component(s) 330 in response to movement by the mechanism 335. For example, the mechanism 335 may be configured to apply force to the sensor component(s) 330 in response to rotational movement by the mechanism 335, which a user may cause by twisting the mechanism 335. the wearable device may include an outer surface coupled with the sensor adjustment mechanism, wherein the outer surface and the contact surface are each configured to remain stationary when the sensor adjustment mechanism moves the sensor component.) the ring defining an outer surface and an inner surface opposite the outer surface adapted to face toward a skin surface of the appendage, (See Huttunen Fig. 3 and ¶91, 94 the ring comprises an inner housing 305 may include a contact surface 315 that is configured to interface with the skin of a user, and the outer housing 310 may include an outer surface 320 that is configured to interface with the air or surrounding medium.) and a plurality of sensor assemblies disposed circumferentially about the inner surface of the ring and configured to measure physiological signals of the user, (See Huttunen Fig. 3 and ¶92 where the wearable device 300 may include a quantity of sensor components 330, where one or more of the sensor components 330 may be or include an optical transmitter (e.g., an LED), an optical receiver (e.g., a photodiode), a temperature sensor, a galvanic sensor, or an ECG sensor, among other examples) wherein, in response to rotation of the rotatable section of the ring relative to the stationary section of the ring, (See Huttunen Fig. 3 and ¶95-97 the mechanism 335 may be configured to apply force to the sensor component(s) 330 in response to rotational movement by the mechanism 335, which a user may cause by twisting the mechanism 335. As another example, the mechanism 335 may be configured to apply force to the sensor component(s) in response to translational movement by the mechanism 335, which a user may cause by sliding the mechanism 335 across the outer surface 320.) the wearable optical device is configured to move between (i) an open configuration in which the plurality of sensor assemblies moves outwardly away from a centerpoint of the ring to be disposed proximal to the inner surface of the ring and (ii) a closed configuration in which the plurality of sensor assemblies moves inwardly toward the centerpoint of the ring. (See Huttunen Fig. 3 and ¶90-96 the ring 104 may include a sensor adjustment mechanism that is configured to move a sensor with respect to the inner housing 205-a (e.g., along an axis that extends radially from the center of the ring 104). The sensor components 330 may be recessed within the inner housing 305. Thus, an open configuration when the sensors components 330 are recessed within the inner housing 305 and a closed configuration when the sensor components 330 are extended radially towards the center of the ring to contact the user’s finger)
Consider claim 2, where Huttunen discloses the wearable optical device of claim 1, wherein each of the plurality of sensor assemblies includes a sensor interface, a light source coupled to the sensor interface and configured to direct light toward the appendage, and a light detector coupled to the sensor interface and configured to receive light from the appendage. (See Huttunen ¶67-70, 92 where a sensor component 330 may be or include both an optical transmitter and an optical receiver)
Consider claim 3, where Huttunen discloses the wearable optical device of claim 2, wherein the light source of each of the plurality of sensor assemblies defines a contact surface configured to contact the skin surface of the appendage and the light detector of each of the plurality of sensor assemblies defines a contact surface configured to contact the skin surface of the appendage. (See Huttunen Fig. 3 and ¶92-94 where the quality of the data measured by the sensor components 330 may be a function of the contact level between the sensor components 330 and the skin of a user. The quality of the data measured by the sensor components 330 may deteriorate below a threshold level if the contact level between the user's skin and the sensor components 330 falls outside of a threshold range. To enable maintenance of a proper contact level for the sensor components 330 despite changes in finger size (or ring rotation), the wearable device 300 may include one or more sensor adjustment mechanisms, such as mechanism 335, that are configured to reposition the sensor components 330.)
Consider claim 4, where Huttunen discloses the wearable optical device of claim 2, wherein each of the plurality of sensor assemblies further includes a biasing mechanism coupled to the sensor interface and configured to bias the corresponding sensor assembly toward the skin surface of the appendage. (See Huttunen Fig. 3 and ¶93-94 where the quality of the data measured by the sensor components 330 may be a function of the contact level between the sensor components 330 and the skin of a user. To enable maintenance of a proper contact level for the sensor components 330 despite changes in finger size (or ring rotation), the wearable device 300 may include one or more sensor adjustment mechanisms, such as mechanism 335, that are configured to reposition the sensor components 330.)
Consider claim 6, where Huttunen discloses the wearable optical device of claim 2, wherein each of the plurality of sensor assemblies further includes a pressure transducer coupled to the sensor interface and configured to quantify a force of pressure between the skin surface and the sensor interface. (See Huttunen ¶100 where the wearable device 300 may include a pressure sensor. The pressure sensor may be coupled with the sensor component 330-a and may be configured to collect pressure information associated with the sensor component 330-a. Pressure information may refer to information about the pressure exerted on or experienced by a sensor component 330.)
Consider claim 7, where Huttunen discloses the wearable optical device of claim 2, wherein each of the plurality of sensor assemblies further includes a temperature sensor coupled to the sensor interface and configured to measure a temperature of the appendage. (See Huttunen ¶57 where in the ring 104, temperature data generated by the temperature sensor 240 may indicate a temperature of a user at the user's finger (e.g., skin temperature). In some implementations, the temperature sensor 240 may contact the user's skin)
Consider claim 9, where Huttunen discloses the wearable optical device of claim 1, wherein the inner surface of the ring is formed to define a recess that extends into the inner surface of the ring toward the outer surface of the ring. (See Huttunen ¶46 where the inner housing 205-a component may be molded onto the outer housing 205-a. For example, the inner housing 205-a may include a polymer that is molded (e.g., injection molded) to fit into an outer housing 205-b metallic shell. Thus, the metallic shell forms a recess that extends into the inner surface where the inner housing is formed)
Consider claim 10, where Huttunen discloses the wearable optical device of claim 9, further comprising a carrier disposed within the recess, and wherein the plurality of sensor assemblies is coupled to the carrier. (See Huttunen Fig. 3 and ¶91-98 where the wearable device 300 may also include one or more substrates, such as PCB 325, that are disposed within the outer housing 310, within the inner housing 305, or both. Thus, disposed in the metallic shell of the outer housing. The PCB 325 may include logic or circuitry that is configured to control operations of the wearable device 300. The contact points 334 may be coupled with flexible connectors 340 that may conduct electrical signals between the sensor component 330 and the PCB 325. The flexible connectors 340 may be configured to bend, extend, or otherwise adapt to the movement of the sensor component 330 so that an electrical connection is maintained between the sensor component 330 and the PCB 325. Thus, the PCB and inner housing form a carrier for the sensor assemblies)
Consider claim 11, where Huttunen discloses the wearable optical device of claim 10, wherein the stationary section of the ring is fixed to the carrier and the rotatable section of the ring is configured to rotate around the carrier. (See Huttunen Fig. 3 and ¶95-97 the mechanism 335 may be configured to apply force to the sensor component(s) in response to translational movement by the mechanism 335, which a user may cause by sliding the mechanism 335 across the outer surface 320. Thus, rotating around the carrier)
Consider claim 12, where Huttunen discloses the wearable optical device of claim 10, wherein the carrier is formed to include a plurality of openings circumferentially spaced apart from one another about the carrier. (See Huttunen Fig.3 and ¶92 where the sensor components 330 may be recessed within the inner housing 305. Thus, the sensors are placed within openings in the inner housing to allow for movement radially inward)
Consider claim 13, where Huttunen discloses the wearable optical device of claim 12, wherein each of the plurality of sensor assemblies includes a sensor interface and a retainer coupled to the sensor interface to extend toward the inner surface of the ring, and wherein the retainer of each of the plurality of sensor assemblies is received in a corresponding one of the plurality of openings of the carrier to couple each of the plurality of sensor assemblies to the carrier. (See Huttunen Fig.3 and ¶92 where a sensor components 330-a, 330-b, and 330-c may include a protective shell 333 (e.g., an epoxy) that shields the sensor sub-component 331 from physical elements (e.g., water) while propagating and/or focusing various signals (e.g., light signals) thus, the protective shell forms a sensor interface and the base substrate forms a retainer)
Consider claim 14, where Huttunen discloses a method comprising providing a ring configured to surround an appendage of a user, the ring including a stationary section and a rotatable section rotatably coupled to the stationary section, (See Huttunen Fig. 3 and ¶95-97, 148 the mechanism 335 may be configured to move the sensor component(s) 330 by applying force to the sensor component(s) 330 in response to movement by the mechanism 335. For example, the mechanism 335 may be configured to apply force to the sensor component(s) 330 in response to rotational movement by the mechanism 335, which a user may cause by twisting the mechanism 335. the wearable device may include an outer surface coupled with the sensor adjustment mechanism, wherein the outer surface and the contact surface are each configured to remain stationary when the sensor adjustment mechanism moves the sensor component.) coupling a plurality of sensor assemblies circumferentially about an inner surface of the ring, (See Huttunen Fig. 3 and ¶91, 94 the ring comprises an inner housing 305 may include a contact surface 315 that is configured to interface with the skin of a user) rotating the rotatable section of the ring relative to the stationary section of the ring in a first direction to cause the plurality of sensor assemblies to move outwardly away from a centerpoint of the ring to be disposed proximal to the inner surface of the ring, (See Huttunen Fig. 3 and ¶95-97 the mechanism 335 may be configured to apply force to the sensor component(s) 330 in response to rotational movement by the mechanism 335, which a user may cause by twisting the mechanism 335. As another example, the mechanism 335 may be configured to apply force to the sensor component(s) in response to translational movement by the mechanism 335, which a user may cause by sliding the mechanism 335 across the outer surface 320.) rotating the rotatable section of the ring relative to the stationary section of the ring in a second direction opposite the first direction to cause the plurality of sensor assemblies to move inwardly toward the centerpoint of the ring, (See Huttunen Fig. 3 and ¶90-96 the ring 104 may include a sensor adjustment mechanism that is configured to move a sensor with respect to the inner housing 205-a (e.g., along an axis that extends radially from the center of the ring 104). The sensor components 330 may be recessed within the inner housing 305. Thus, an open configuration when the sensors components 330 are recessed within the inner housing 305 and a closed configuration when the sensor components 330 are extended radially towards the center of the ring to contact the user’s finger) and measuring physiological signals of the user with the plurality of sensor assemblies. (See Huttunen Fig. 3 and ¶92 where the wearable device 300 may include a quantity of sensor components 330, where one or more of the sensor components 330 may be or include an optical transmitter (e.g., an LED), an optical receiver (e.g., a photodiode), a temperature sensor, a galvanic sensor, or an ECG sensor, among other examples)
Consider claim 15, where Huttunen discloses the method of claim 14, wherein the step of rotating the rotatable section of the ring relative to the stationary section of the ring in a second direction includes contacting a skin surface of the appendage with the plurality of sensor assemblies. (See Huttunen Fig. 3 and ¶90-96 the ring 104 may include a sensor adjustment mechanism that is configured to move a sensor with respect to the inner housing 205-a (e.g., along an axis that extends radially from the center of the ring 104). The sensor components 330 may be recessed within the inner housing 305. Thus, an open configuration when the sensors components 330 are recessed within the inner housing 305 and a closed configuration when the sensor components 330 are extended radially towards the center of the ring to contact the user’s finger)
Consider claim 16, where Huttunen discloses the method of claim 14, wherein each of the plurality of sensor assemblies includes a light source and a light detector. (See Huttunen ¶67-70, 92 where a sensor component 330 may be or include both an optical transmitter and an optical receiver)
Consider claim 17, where Huttunen discloses the method of claim 16, further comprising emitting light from the light source of one of the plurality of sensor assemblies individually. (See Huttunen ¶69-71 where The processing module 230-a may control one or both of the optical transmitters to transmit light while sampling the PPG signal generated by the optical receiver.)
Consider claim 18, where Huttunen discloses the method of claim 17, further comprising, after the step of emitting light, receiving signals from the light detector of each of the plurality of sensor assemblies. (See Huttunen ¶69-71 where The processing module 230-a may control one or both of the optical transmitters to transmit light while sampling the PPG signal generated by the optical receiver.)
Consider claim 19, where Huttunen discloses the method of claim 18, further comprising repeating the steps of emitting and receiving for the light source of each of the plurality of sensor assemblies. (See Huttunen ¶69-71 where The processing module 230-a may control one or both of the optical transmitters to transmit light while sampling the PPG signal generated by the optical receiver. for example, the selected optical transmitter may continuously emit light while the PPG signal is sampled at a sampling rate (e.g., 250 Hz))
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(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huttunen as applied to claim 1 above, in further view of Connor (US2016/0317060)
Consider claim 5, where Huttunen discloses the wearable optical device of claim 2, wherein each of the plurality of sensor assemblies further includes a position sensor coupled to the sensor interface (See Huttunen ¶26 where The physiological data may include any physiological data known in the art including, but not limited to, temperature data, accelerometer data (e.g., movement/motion data), heart rate data, HRV data, blood oxygen level data, or any combination thereof.)
Huttunen teaches motion data; however Huttunen does not explicitly teach configured to measure a radial distance between the corresponding sensor assembly and the centerpoint of the ring. However, in an analogous field of endeavor Connor teaches configured to measure a radial distance between the corresponding sensor assembly and the centerpoint of the ring. (See Connor ¶542-548 where in an example, a plurality of wearable glucose-monitoring sensors on a finger ring can be distributed within a three-dimensional array or matrix along two (polar) coordinate dimensions: radial compass degree or clock-hour position around the circumference of the finger; and distance from the cross-sectional center of the finger. An actuator can automatically adjust the position of a wearable glucose-monitoring microwave sensor to maintain proximity to specific anatomical structures and/or landmarks (such as specific portions of body vasculature) for more accurate and/or consistent measurement of intra-body glucose levels). Therefore, it would have been obvious for one of ordinary skill in the art to modify the mechanism of Huttunen to measure the distance from the cross-sectional center of the finger in order to maintain proximity to specific anatomical structures as taught by Connor. One of ordinary skill in the art would have been motivated to perform the modification for the advantage of/ benefit of using known techniques to compensate for movement in a user’s body and get a more accurate measurement. (See Connor ¶546)
Allowable Subject Matter
Claims 8 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The overarching reason for allowance of claims 8 and 20 are similar to the reasoning found in the parent application 18/418,887 (now US Pat # 12,322,204). The inclusion of diffuse optical tomography (DOT) sensors into a wearable ring format is a non-trivial undertaking. While Huttunen does teach an optical transmitter and an optical receiver, these are photoplethysmogram (PPG) sensors. PPG sensors are commonly clipped onto a finger to measure blood oxygen levels. DOT techniques are known to work on a finger (See Niendre et al. (US2014/0350394) Fig. 1), however, they usually require the user to remain still. See Niendre ¶31 where “Solving the system defined by x can also potentially be made simpler by assuming one or more of the following: (i) that the position of fluorescent cells does not move significantly during any single sampling interval; (ii) that the fluorescent signals arise from point sources; and (iii) that all fluorescent light that emerges at the surface of the limb is collected at an adjacent detector.” Thus, the DOT sensors do not easily convert to a wearable format and the substitution of the PPG sensors for DOT sensors is non-obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM LU whose telephone number is (571)270-1809. The examiner can normally be reached 10am-6:30pm.
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, Matthew Eason can be reached at 571-270-7230. 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.
WILLIAM LU
Primary Examiner
Art Unit 2624
/WILLIAM LU/Primary Examiner, Art Unit 2624