DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/04/2026 has been entered.
Applicant’s amendments and remarks filed on 08/04/2026 have been fully considered.
Claims 1-3 and 5-12 are pending for examination. Claim 4 is cancelled.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3 and 5-12 are rejected under 35 U.S.C. 103 as being unpatentable over von Badinski et al. (USPGPUB 2015/0220109 – applicant cited) in view of Vock et al. (USPGPUB 2003/0163287 - cited in previous action) and further in view of Banet et. al. (USPGPUB 2006/0122520 – cited in previous action). In regard to claims 1 and 12, von Badinski discloses a ring-type wearable device (Figs. 1-8 and 12-16 and associated descriptions) comprising: a cover (elements 112/410/412/610/612/812/1214/1412/1510/1514/1610/1614, Figs. 1-8 and 12-16 and associated descriptions); a ring member surrounded by the cover member (inner ring portion or a separated member of elements 412/612/812b/1212/1314/1414/1512, Figs. 1-8 and 12-16 and associated descriptions; and a circuit disposed between the cover and the ring member (elements 415/500/615/815/1240/1340/1440/1540, Figs. 4-8 and 12-15 and associated descriptions), the circuit including a PCB with a plurality of sections connected by flexible folding/ connecting portions (Figs. 4-5, 8, 12F, 14B, and 15B and associated descriptions), wherein the plurality of PCBs include a photo-plethysmography (PPG) sensor (element 220, Fig. 2 and associated descriptions; heart rate sensor/ pulse oximetry sensor, [0169]; [0189]) including a first light source configured to emit light to a finger surrounded by the ring-type wearable device (red LED 320b, Figs. 2 and 3B and associated descriptions), a second light source configured to emit light to the finger (IR LED 320d, Figs. 2 and 3B and associated descriptions), and a light receiver (light sensor 320c, Figs. 2 and 3B and associated descriptions), and wherein the light receiver is configured to receive light emitted from at least one of the first light source or the second light source and reflected by a blood vessel inside the finger surrounded by the ring-type wearable device (finger, abstract; heart rate sensor/ pulse oximetry sensor, [0169]; [0189]).
von Badinski does not specifically discloses a plurality of printed circuit boards (PCBs) and a flexible printed circuit board (FPCB) electrically connected with the plurality of PCBs.
Vock teaches a wearable device comprises activity sensors (Figs. 1-2, 7-8 and 48 and associated descriptions) comprises a flex circuit (element 684, Fig. 48 and associated descriptions; [0322]) including a battery (element 690, Fig. 48 and associated descriptions; [0322]), a plurality of mini PCBs (element 686, Fig. 48 and associated descriptions; [0322]) and a flexible printed circuit board (FPCB) electrically connected with the plurality of PCBs (Kapton flex circuit 688, Fig. 48 and associated descriptions; [0322]) and the wearable can be utilized to wrap about objects and persons ([0322]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the configuration of a PCB with a plurality of sections connected by flexible folding/ connecting portions (von Badinski) with the configuration of plurality of PCBs connected by a flexible printed circuit board as taught by Vock to yield predictable results, since both configurations are alternative equivalent configurations to provide electrical connections between electric components in a foldable/ bendable PCB device. The rationale would have been the simple substitution of one known, equivalent element for another to obtain predictable results (obvious to substitute elements, devices, etc.), KSR, 550, U.S. at 417.
von Badinski as modified by Vock discloses all the claimed limitations except the first light source comprises a plurality of first light emitters, a second light source comprises a plurality of second light emitters and a light receiver disposed at a first angular interval, measured about a center axis of the ring member, from the first light source and at a second, different angular interval, measured about the center axis of the ring, from the second light source/ wherein each of the first light source and the second light source includes at least two light emitting diodes (LEDs) disposed adjacent to one another and is exposed to the finger through the ring member and wherein the light receiver is configured to receive light emitted from the first light source and reflected by a blood vessel inside the finger surrounded by the ring-type wearable device and to receive light emitted from the second light source and reflected by the blood vessel inside the finger surrounded by the ring-type wearable device.
Banet teaches a ring PPG/ pulse oximetry device (Figs. 1-5 and associated descriptions) comprises at least two/ a plurality optical modules (abstract; at least two optical modules, [0008]; modules 4-11, Figs. 1-5 and associated descriptions), wherein each of the optical modules including a plurality of light emitters (e.g. first light source of R6 and IR6 in the module 6/6A; second light source R5 and IR5 in the module 5/5A, Figs. 2-4 and associated descriptions)/ wherein each of the first light source and the second light source includes at least two light emitting diodes (LEDs) disposed adjacent to one another and is exposed to the finger through a ring member (e.g. R6 and IR6 in the module 6/6A; R5 and IR5 in the module 5/5A, Figs. 2-4 and associated descriptions) and a light receiver disposed at a first angular interval, measured about a center axis of the ring member, from the first light source and at a second, different angular interval, measured about the center axis of the ring, from the second light source (any light receiver of 4B-11B, Fig. 2 and associated descriptions; e.g. receiver 7B disposed between modules 5 and 6; at least two optical modules…each optical module typically features two light sources (red, infrared) and a photodetector, [0008], e.g. receiver 7B disposed at a first angular interval, measured about a center axis of the ring member, from the light source 7A and at a second, different angular interval, measured about the center axis of the ring, from light source 11A) and wherein the light receiver is configured to receive light emitted from the first light source and reflected by a blood vessel inside the finger surrounded by the ring-type wearable device and to receive light emitted from the second light source and reflected by the blood vessel inside the finger surrounded by the ring-type wearable device (arteries, Figs. 3-5 and associated descriptions; simultaneously or sequentially emission, [0021]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the ring-type device (von Badinski as modified by Vock) to incorporate the multiple optical modules configuration(s) and associated functions/elements as taught by Banet, since both devices are ring type PPG/ pulse oximetry systems and one of ordinary skill in the art would have recognized that the configuration(s) as taught by Banet facilitate reduce motion/ noise in the PPG signals (see Banet). The rationale would have been to obtain more accurate optical measurements.
In regard to claim 2, von Badinski as modified by Vock and Banet discloses each of the cover and the ring member includes a metallic material ([0179]; [0188]; [0194] of von Badinski).
In regard to claim 3, von Badinski as modified by Vock and Banet discloses the first light source is disposed between the second light source and the light receiver on the plurality of PCBs (referring to claim 1 above; at least one configuration(s) of Banet ).
In regard to claim 5, von Badinski as modified by Vock and Banet discloses the first angular interval is smaller than 90 degrees, and the angular interval is larger than 90 degrees ( any angular intervals can be defined in Figs. 2-4 and associated descriptions of Banet, e.g. angular intervals between 7B-7A and 7B-10A).
In regard to claim 6, von Badinski as modified by Vock and Banet discloses the ring member includes a groove, and at least a portion of the circuit is disposed in the groove along the inner surface of the ring member (element 812b/1212a-b/1412, Figs. 8, 12E and 14A and associated descriptions of von Badinski ).
In regard to claim 7, von Badinski as modified by Vock and Banet discloses a battery disposed between the ring member and the cover member such that the battery and the ring member have a same or a similar curvature (battery 480/680/1330/1430, Figs. 4, 6, 13, and 14A and associated descriptions; [0182] of von Badinski).
In regard to claim 8, von Badinski as modified by Vock and Banet discloses a charge terminal exposed through an opening and configured to charge the battery (optical charge terminal with an opening in the ring member, Figs. 17A-G and associated descriptions of von Badinski).
In regard to claim 9, von Badinski as modified by Vock and Banet discloses the first light source and the second light source include at least two red light emitting diodes (LEDs) and at least two infrared light emitting diodes (LEDs) (referring to claim 1 above).
In regard to claim 10, von Badinski as modified by Vock discloses an acceleration sensor disposed on a first surface of at least one of the PCBs (accelerometers, Fig. 2 and associated descriptions; [0167]; [0251]; the modules 210-270 (of FIG. 2) are formed on a PCB, [0187] of von Badinski) and the PPG sensor is disposed on at least one of the PCBs (Fig. 2 and 3B associated descriptions of von Badinski). von Badinski as modified by Vock and Banet does not specifically discloses the acceleration sensor disposed on an opposite of the at least one of the PCBs. However, von Badinski as modified by Vock and Banet further discloses electronic components can be disposed on both sides of the at least one of the PCBs (Figs. 3A-3B and associated descriptions of von Badinski). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the configuration with both/ two side mounting configuration to yield predictable result. Since both configurations are alternative equivalent ways for disposing electronic components on PCBs. The rationale would have been the simple substitution of one known, equivalent element for another to obtain predictable results (obvious to substitute elements, devices, etc.), KSR, 550, U.S. at 417.
In regard to claim 11, von Badinski as modified by Vock and Banet discloses an antenna disposed within the housing (element 2720, Fig. 27A and associated descriptions of von Badinski) but does not specifically disclose the antenna is disposed on an inner surface of the cover. However, von Badinski as modified by Vock and Banet further discloses an embodiment which electronic components can be disposed on an inner surface of the cover member via intermediate components (elements 1450/1440 are disposed on an inner surface of the external housing 1412 via element 1442 or 1430, Figs. 14A, 14D and 14E and associated descriptions of von Badinski). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the location of the antenna with the configuration of the additional embodiment as taught by von Badinski to yield predictable result, since both configurations are alternative equivalent configurations for disposing an electronic component within the wearable ring device. The rationale would have been the simple substitution of one known, equivalent element for another to obtain predictable results (obvious to substitute elements, devices, etc.), KSR, 550, U.S. at 417.
Response to Arguments
It is noted that the amendments filed on 08/04/2026 overcome the 35 USC 112(b) rejections. The 35 USC 112(b) rejections of claims 1-3 and 5-12 has been withdrawn.
Applicant's arguments filed on 08/04/2026 have been fully considered but they are not persuasive. In regard to claims 1 and 12, applicant alleged “Banet does not identify a first source and a second source held at two particular, different angular intervals from a receiver that receives light from those sources. Selecting three modules out of the ring and assigning them first-source, second-source, and receiver roles with the claimed differing angular offsets is the applicant's construct”. In response, Banet teaches “at least two optical modules…each optical module typically features two light sources (red, infrared) and a photodetector” ([0008]) and “in one embodiment, for example, the LEDs 4A-11A within each optical module simultaneously emit red, and then infrared, radiation. Radiation from the LEDs 4A-11A forms a symmetrical `optical field` that surrounds the finger and is partially absorbed by pulsing blood in the underlying arteries. Each photodetector 4B-11B detects a portion of the optical field” ([0021]) and “In another embodiment, LEDs 4A-11A within each optical module sequentially emit radiation in a strobe-like manner. In this case, each photodiode 4B-11B sequentially detects a signal”, ([0021]). In short, a detector in the at least two modules receives light emitted from the same module and the other one of the at least two modules or a detector in one module receives light emitted from the other two modules in a three-modules configuration in both simultaneously and sequentially emissions embodiments. Furthermore, it is noted that the claims recite transitional phrase “comprising” which is inclusive or open-ended and does not exclude additional, unrecited elements or method steps (see MPEP 2111.03). Banet teaches at least two optical modules ([0008]), which indicating multiple modules which can be formed in a symmetric configuration are possible, e.g. modules of two, three, four, five…etc. The configurations as taught by Banet satisfies the structural configurations that are required for claims 1 and 12 of present application. If the invention is directed to contain “only” a configuration of a first-source, a second-source, and a receiver with particular structural configurations, it is suggested that “consist of” should be set forth. In addition, applicant alleged that “Importing Banet's ring of independent modules into von Badinski is not the simple substitution the Office Action characterizes”. In response, the combination of Banet and von Badinski are made by “modification”, see the 35 USC 103 rejections above. von Badinski discloses the device has PCBs disposed around the ring device (“…The PCB 1240 can extend around at least a portion, or up to an entire circumference, of the internal surface 1212a, Fig. 12F and [0200]), therefore there are enough spaces to incorporate the configuration(s) of at least two optical modules as taught by Banet. And adding corresponding openings in the inner ring for the optical modules are considered within the ordinary skill in the art when incorporating the teachings of Banet. Therefore, the rejections are maintained for the similar reasons for the record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHU CHUAN LIU whose telephone number is (571)270-5507. The examiner can normally be reached M-Th (6am-6pm).
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/CHU CHUAN LIU/Primary Examiner, Art Unit 3791
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