CTNF 19/219,543 CTNF 93365 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement As an initial matter, Applicant is reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this application. An IDS for all the references cited in the IDSs for the parent applications should be filed. Drawings The drawings filed on May 27, 2025 are accepted. Claim Objections 07-29-01 AIA Claim 17 is objected to because of the following informalities: Claim 17 recites in the preamble: “An optical sensing unit for a wearable electronic device comprising:” that should be corrected to –An optical sensing unit for a wearable electronic device, comprising:-- in order to clearly recite that the components in the claim body are comprised in the optical sensing unit. For the purpose of clarify the scope of the claim , appropriate correction is required. Double Patenting 08-30 AIA A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co. , 151 U.S. 186 (1894); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert , 245 F.2d 467, 114 USPQ 330 (CCPA 1957). A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101. 08-31 AIA Claim s 1-16 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim s 1-16 of prior U.S. Patent No. 12,064,224 . This is a statutory double patenting rejection. 08-33 AIA 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp. 08-34 AIA Claim s 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 17-20 of U.S. Patent No. 12,064,224 . Although the claims at issue are not identical, they are not patentably distinct from each other because both applications appear to disclose substantially identical subject matter with the instant claims being simply broader than the patent claims . Both the instant application and the ‘224 patent disclose an optical sensing unit for a wearable electronic device. Examiner’s Notes Claims 1-20 are not rejected under prior arts. The limitations recited in claim 1 in regard to the features of “a selective transparent layer positioned in the peripheral region and comprising: a first section positioned over a light detector of the set of light detectors and transparent to the second wavelength range; and a second section surrounding the first section, the second section at least partially transparent to the first wavelength range and opaque to the second wavelength range”, in combination with the other claimed elements, is/are not taught or disclosed in the prior arts. The limitations recited in claim 10 in regard to the features of “a selective transparent layer positioned between the set of light detectors and the window and comprising: a set of first sections, each of the set of first sections positioned over a respective light detector of the set of light detectors and at least partially transparent to the second wavelength range; and a second section surrounding each of the set of first sections, the second section transparent to the first wavelength range and at least partially non-transparent to the second wavelength range.”, in combination with the other claimed elements, is/are not taught or disclosed in the prior arts. The limitations recited in claim 17 in regard to the features of “a selective transparent layer positioned over the second cavity at least partially defined to be between the first wall and the second wall, wherein a set of light detectors are positioned in the second cavity, and comprising: a first section that is transparent to the second wavelength range; and a second section surrounding the first section, the second section at least partially transparent to the first wavelength range and opaque to the second wavelength range”, in combination with the other claimed elements, is/are not taught or disclosed in the prior arts. The dependent claims of the above claims are not rejected under prior arts at least due to their dependency . 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Han et al., US 2016/0310027 A1. This reference teaches a wearable device that comprises a device housing, a strap configured to retain the device housing on a user’s wrist, a processor positioned within the housing, and a optical sensing unit. The optical sensing unit comprises a first and a second light emitter, a set of light detectors, and a selective transparent layer positioned in the peripheral region. Fine et al., US 6,031,603. This reference teaches an optical sensing unit that comprises a central region with a first light emitter and a second light emitter positioned within, and a set of light detectors positioned in the peripheral region surrounding the light emitters. Kim et al., US 2019/0018173. Kim teaches a material that is transparent to one wavelength range. Shedletsky et al., US 2014/0183342 A1. Shedletsky teaches another material that is transparent to another wavelength range but opaque to the one wavelength range. However, none of the above cited references, individually or combined, teaches the above identified claim limitations recited in claims 1, 11 and 17. In particular, Neither Han nor Fine teaches a need for an additional material such as a transparent layer. Neither Kim nor Shedletsky teaches an application of using the taught material for a wearable device. Further, the two distinct materials that Kim and Shedletsky each teaches would not provide the relative configuration to cover the particular light detectors as required in the claim . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to YI-SHAN YANG whose telephone number is (408) 918-7628. The examiner can normally be reached Monday-Friday 8am-4pm PST. 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, Pascal M 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. 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. /YI-SHAN YANG/ Primary Examiner, Art Unit 3798 Application/Control Number: 19/219,543 Page 2 Art Unit: 3798 Application/Control Number: 19/219,543 Page 3 Art Unit: 3798 Application/Control Number: 19/219,543 Page 4 Art Unit: 3798 Application/Control Number: 19/219,543 Page 5 Art Unit: 3798 Application/Control Number: 19/219,543 Page 6 Art Unit: 3798 Application/Control Number: 19/219,543 Page 7 Art Unit: 3798 Application/Control Number: 19/219,543 Page 8 Art Unit: 3798
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