Office Action 1: Non-Final Rejection (2024-08-27)
Rejection types: 102 - Lack of Novelty, 103 - Obviousness

CLAIMS:
WHAT IS CLAIMED IS:

1\. An optical physiological sensor integrated into a wearable device, the optical physiological sensor comprising:
a substrate having an optical center;
a first emitter group of light emitting diodes (LEDs) positioned adjacent to the optical center of the substrate and spaced at an offset from the optical center;
a second emitter group of LEDs positioned adjacent to the optical center of the substrate at an offset to the optical center and spaced at an offset from the optical center opposite the first emitter group of LEDs relative to the optical center; and
a plurality of detectors arranged in a spatial configuration that surrounds the first and the second emitter group, wherein each of the plurality of detectors are positioned on the substrate a same distance away from the optical center of the substrate.

2\. The sensor of Claim 1, wherein the spatial configuration includes an annulus.

3\. The sensor of Claim 1, further comprising a light barrier construct mounted on the substrate and configured to isolate the first emitter group, the second emitter group, and
the plurality of detectors, wherein the light barrier construct comprises a plurality of light barriers defining one or more chambers.

4\. The sensor of Claim 3, wherein the light barrier construct includes a maximum height extending away from the substrate at the optical center of the substrate.

5\. The sensor of Claim 3, wherein the light barrier construct comprises a light barrier configured to isolate the first emitter group, wherein the light barrier includes a width of less than a distance from an emitter chamber defined by the light barrier construct and housing the first emitter group to a detector chamber defined by the light barrier construct and housing a detector bisected by a centerline of the sensor.

6\. The sensor of Claim 5, wherein a distance from the first emitter chamber to the detector chamber extending along a length parallel to the centerline of the sensor is less than half a width of the first emitter chamber along a length parallel to the centerline of the sensor.
7\. The sensor of Claim 5, wherein a distance from the first emitter chamber to the detector chamber extending along a length parallel to the centerline of the sensor is greater than half a width of the first emitter chamber along a length parallel to the centerline of the sensor.
8\. The sensor of Claim 1, wherein the first emitter group is configured to emit a same plurality of light wavelengths as the second emitter group.
9\. The sensor of Claim 1, wherein an arrangement of the LEDs of the first emitter group on the substrate mirrors an arrangement of the LEDs of the second emitter group on the substrate across a centerline of the sensor that bisects the sensor.

10\. The sensor of Claim 9, wherein the centerline of the sensor bisects at least one of the plurality of detectors.

11\. The sensor of Claim 10, wherein a distance from the first emitter group to the at least one of the plurality of detectors is substantially similar to a distance from the second emitter group to the at least one of the plurality of detectors.

12\. The sensor of Claim 1, further comprising an ECG sensor, wherein the ECG sensor comprises a reference electrode, a negative electrode, and a positive electrode and wherein the reference and negative electrodes are located on the sensor and wherein the positive electrode is located on a housing of the wearable device.

13\. The sensor of Claim 12, wherein the reference and negative electrodes are releasably coupled to the substrate of the sensor via one or more springs configured to bias the reference and negative electrodes away from the substrate.

14\. The sensor of Claim 12, wherein the reference electrode is substantially semi- annular and wherein the negative electrode is substantially semi-annular.

15\. The sensor of Claim 14, wherein the reference and negative electrodes surround the plurality of detectors.

16\. The sensor of Claim 1, wherein the plurality of detectors includes a first detector group and a second detector group.

17\. The sensor of Claim 16, wherein the first detector group includes at least two detectors housed in respective detector chambers, and wherein the second detector group includes at least two detectors housed in respective detector chambers.

18\. The sensor of Claim 16, wherein a distance between the first emitter group and the first detector group is greater than a distance between the second emitter group and the first detector group.
19\. The sensor of Claim 1, wherein the substrate comprises a printed circuit board (PCB). -161- -162- -163-

OFFICE ACTION:
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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA  35 U.S.C. 102 and 103 (or as subject to pre-AIA  35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA  to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7, 9-11, 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Block et al. (US 20190090766).
Regarding claim 1, Block discloses An optical physiological sensor integrated into a wearable device 200 (Fig. 2A), the optical physiological sensor comprising: a substrate 203 having an optical center 209 (Fig. 2B); a first emitter group of light emitting diodes (LEDs) 206 positioned adjacent to the optical center (area of 242a in fig. 2H) of the substrate and spaced at an offset from the optical center (Fig. 2A); a second emitter group of LEDs 208 positioned adjacent to the optical center of the substrate at an offset to the optical center and spaced at an offset from the optical center opposite the first emitter group of LEDs relative to the optical center (Fig. 2A); and a plurality of detectors 204A-H arranged in a spatial configuration that surrounds the first and the second emitter group (Fig. 2A), wherein each of the plurality of detectors 204A-h are positioned on the substrate a same distance away from the optical center of the substrate (Fig. 2A).
Regarding claim 2, Block discloses the spatial configuration includes an annulus (Fig. 2A).
Regarding claim 3, Block discloses a light barrier 216 construct mounted on the substrate and configured to isolate the first emitter group, the second emitter group, and the plurality of detectors, wherein the light barrier construct comprises a plurality of light barriers defining one or more chambers (Fig. 2B, Section 0037, To prevent or reduce optical crosstalk between the plurality of light detectors and the plurality of first light emitters, optical isolation can be a wall located between the plurality of light detectors and the plurality of first light emitters).
Regarding claim 4, Block discloses the light barrier construct 216 includes a maximum height extending away from the substrate at the optical center of the substrate (Fig. 2B, Section 0037, To prevent or reduce optical crosstalk between the plurality of light detectors and the plurality of first light emitters, optical isolation can be a wall located between the plurality of light detectors and the plurality of first light emitters).
Regarding claim 5, Block discloses  the light barrier construct 216 comprises a light barrier configured to isolate the first emitter group, wherein the light barrier includes a width of less than a distance from an emitter chamber defined by the light barrier construct and housing the first emitter group to a detector chamber defined by the light barrier construct and housing a detector bisected by a centerline of the sensor (Fig. 2B, section 0037).
Regarding claim 6, Block discloses a distance from the first emitter chamber 206 to the detector chamber 204A-H extending along a length parallel to the centerline of the sensor is less than half a width of the first emitter chamber along a length parallel to the centerline of the sensor (Fig 2B).
Regarding claim 7, Block discloses a distance from the first emitter chamber 206 to the detector chamber 204A-H extending along a length parallel to the centerline of the sensor is greater than half a width of the first emitter chamber along a length parallel to the centerline of the sensor (Fig. 2B).
Regarding claim 9, Block discloses an arrangement of the LEDs of the first emitter group on the substrate mirrors an arrangement of the LEDs of the second emitter group on the substrate across a centerline of the sensor that bisects the sensor (Fig. 2A).
Regarding claim 10, Block discloses the centerline of the sensor bisects at least one of the plurality of detectors (Fig. 2A).
Regarding claim 11, Block discloses a distance from the first emitter group 206 to the at least one of the plurality of detectors 204A-H is substantially similar to a distance from the second emitter group 208 to the at least one of the plurality of detectors  204A-H (Fig. 2A).
Regarding claim 16, Block discloses plurality of detectors includes a first detector group and a second detector group (Fig. 2A, detectors above line I-II and detectors below line I-II).
Regarding claim 17, Block discloses the first detector group includes at least two detectors housed in respective detector chambers, and wherein the second detector group includes at least two detectors housed in respective detector chambers (Fig. 2A, detectors above line I-II and detectors below line I-II).
Regarding claim 18, Block discloses a distance between the first emitter group and the first detector group is greater than a distance between the second emitter group and the first detector group (Fig. 2A).
Regarding claim 19, Block discloses the substrate comprises a printed circuit board (PCB) 215 (Fig. 2C, section 0041).
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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Block et al. (US 20190090766) as applied to claim 1 above, and further in view of Allee (US 11857298).
Regarding claim 8, Block discloses the invention substantially as claimed however does not show the first emitter group is configured to emit a same plurality of light wavelengths as the second emitter group. Allee discloses the first emitter group is configured to emit a same plurality of light wavelengths as the second emitter group (column 16 lines 63-67, column 17 lines 1-26). This increases the optical power and/or improve the detectability of that wavelength. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the device of Block by adding first emitter group is configured to emit a same plurality of light wavelengths as the second emitter group in order to increases the optical power and/or improve the detectability of that wavelength.
Claim(s) 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Block et al. (US 20190090766) as applied to claim 1 above, and further in view of Pandya (US 10987054).
Regarding claim 12, Block discloses the invention substantially as claimed however does not show an ECG sensor, wherein the ECG sensor comprises a reference electrode, a negative electrode, and a positive electrode and wherein the reference and negative electrodes are located on the sensor and wherein the positive electrode is located on a housing of the wearable device. Pandya discloses an ECG sensor, wherein the ECG sensor comprises a reference electrode, a negative electrode, and a positive electrode and wherein the reference and negative electrodes are located on the sensor and wherein the positive electrode is located on a housing of the wearable device (column 5 lines 5-25). This allows for electrodes be used to sense or determine biological parameters of a user that wears the wearable electronic device. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the device of Block by adding ECG sensor electrodes as taught by Pandya in order to facilitate electrodes be used to sense or determine biological parameters of a user that wears the wearable electronic device.
Regarding claim 13, Block discloses the invention substantially as claimed however does not show the reference and negative electrodes are releasably coupled to the substrate of the sensor via one or more springs configured to bias the reference and negative electrodes away from the substrate. Pandya discloses show the reference and negative electrodes are releasably coupled to the substrate of the sensor via one or more springs configured to bias the reference and negative electrodes away from the substrate (column 6 lines 38-48). This allows for proper electrical connection contact of the electrodes to the wearer of the wearable electronic device. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the device of Block by adding electrodes coupled to the substrate as taught by Pandya in order to facilitate proper electrical connection contact of the electrodes to the wearer of the wearable electronic device.
Regarding claim 14, Block discloses the invention substantially as claimed however does not show the reference electrode is substantially semi- annular and wherein the negative electrode is substantially semi-annular. Pandya discloses the reference electrode is substantially semi- annular and wherein the negative electrode is substantially semi-annular (Fig. 2A, column 9 lines 63-65). This allows for proper electrical connection contact of the electrodes to the wearer of the wearable electronic device. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the device of Block by adding semi-annular electrodes as taught by Pandya in order to facilitate proper electrical connection contact of the electrodes to the wearer of the wearable electronic device.
Regarding claim 15, Block discloses the invention substantially as claimed however does not show the reference and negative electrodes surround the plurality of detectors. Pandya discloses the reference and negative electrodes surround the plurality of detectors (column 9 lines 60-63). This allows for proper electrical connection contact of the electrodes to the wearer of the wearable electronic device. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the device of Block by adding electrodes surround the plurality of detectors as taught by Pandya in order to facilitate proper electrical connection contact of the electrodes to the wearer of the wearable electronic device.
Conclusion

APPLICANT REBUTTAL: REMARKS
This paper is filed in response to the Office Action mailed August 27, 2024 (hereinafter "Office Action") in connection with the above-referenced application. By way of summary, claims 1-19 were pending in this application. In this paper, Applicant has canceled claims without prejudice or disclaimer, amended claims without prejudice or disclaimer to their previously presented versions, and added a claim. No new matter is added. Applicant reserves the right to pursue the previously pending claims and/or subject matter of the previously pending claims in this or another application. Accordingly, claims 1-2, 4-5, and 8-20 are pending for consideration.
Discussion of
Claim
Re
jections
-
5 U
S.C.
?
Claims 1-7, 9-11, and 16-19 stand rejected under 35 U.S.C. @ 102(a)(1) as being allegedly anticipated by U.S. Publication No. 2019/0090766 to Block et al. ("Block"). Applicant respectfully traverses each rejection, each finding of fact, including each assertion regarding what the references show or teach, and any rationales for modifying or combining the references, and Applicant does not acquiesce in the validity of the rejections. To expedite allowance of this application, however, Applicant has amended the claims as set forth herein.
Amended independent claim 1 recites the following (emphasis added for discussion purposes only):
An optical physiological sensor integrated into a wearable device, the optical physiological sensor comprising: a substrate having an optical center;
a first emitter group of light emitting diodes (LEDs) positioned adjacent to the optical center of the substrate and spaced at an offset from
the optical center;
a second emitter group of LEDs positioned adjacent to the optical center of the substrate at an offset to the optical center and spaced at an offset from the optical center opposite the first emitter group of LEDs
relative to the optical center; and
a plurality of detectors arranged in a spatial configuration that surrounds the first and the second emitter group, wherein each of the plurality of detectors are positioned on the substrate a same distance away
from the optical center of the substrate; and
a light barrier construct mounted on the substrate and defining a first emitter chamber that houses the first emitter group of LEDs, and a second emitter chamber that houses the second emitter group of LEDs, wherein the light barrier construct is configured to optically isolate the
first emitter group of LEDs from the second emitter group of LEDs.
For at least the reasons discussed during the interview on October 2, 2024 and because Block fails to expressly or inherently disclose at least the above-emphasized features of amended independent claim 1, Applicant respectfully submits that claim 1 is not anticipated by Block.
FIGS. 27A and 27E of the present application (reproduced below) illustrate a nonlimiting implementation of the sensor recited in claim 1. As shown, a first emitter chamber 2736a houses a first emitter group of LEDS and a second emitter chamber 2736b houses a second emitter group of LEDS. The first and second emitter chambers are separated by a light barrier construct 2720. Accordingly, the light barrier construct as recited in claim 1 isolates entire groups of LEDS. FIGS. 27A and 27E also show detectors 2706 surrounding both the first and second emitter groups such that each detector 2706 is equal distance away from the center C1.
FIG. 27E
The dependent claims are also allowable over the cited references for all of the reasons discussed above with respect to claim 1 and also because each of these claims recites a unique combination of features not expressly or inherently disclosed, or taught or suggested by the cited references, alone or in combination. Accordingly, Applicant respectfully requests reconsideration and withdrawal of the rejection under 35 U.S.C. §102.
Discussion of Claim Re
j
ections - 3
U.
S.
C.
$
Claim 8 stands rejected under 35 U.S.C. § 103 as being allegedly unpatentable over Block as applied to claim 1, and further in view of U.S. Patent No. 11,857,298 to Allee ("Allee").
Claims 12-15 stand rejected under 35 U.S.C. § 103 as being allegedly unpatentable over Block as applied to claim 1, and further in view of U.S. Patent No. 10,987,054 to Pandya ("Pandya").
Applicant respectfully traverses each rejection, each finding of fact, including each assertion regarding what the references show or teach, and any rationales for modifying or combining the references, and Applicant does not acquiesce in the validity of the rejections. To
expedite allowance of this application, however, Applicant has amended the claims as set forth herein. Applicant respectfully requests reconsideration and withdrawal of each rejection.
Dependent claims 8 and 12-15 are also allowable over the cited references at least because the features discussed above with regard to the § 102 rejection with respect to claim 1 are not taught or suggested by the art cited in the rejection of the claims as obvious and also because each of these dependent claims recites a unique combination of features not taught or suggested by the cited references, alone or in combination. Accordingly, Applicant respectfully requests reconsideration and withdrawal of the rejection under 35 U.S.C. § 103.
No Disclaimers or Disavowals
Although the present communication may include alterations to the application or claims, or characterizations of claim scope or referenced art, Applicant is not conceding in this application that previously pending claims are not patentable. Rather, any alterations or characterizations are being made to facilitate expeditious prosecution of this application. Applicant reserves the right to pursue at a later date any previously pending or other broader or narrower claims that capture any subject matter supported by the present disclosure, including subject matter found to be specifically disclaimed herein or by any prior prosecution. Accordingly, reviewers of this or any parent, child or related prosecution history shall not reasonably infer that Applicant has made any disclaimers or disavowals of any subject matter supported by the present application.
Please charge any additional fees, including any fees for additional extension of time, or credit overpayment to Deposit Account No. 11-1410.
Respectfully submitted,

NEXT OFFICE 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 .
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) 1-7, 9-11, 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Block et al. (US 20190090766), cited previously, in view of Han (US 20160058309 A1).
Regarding claim 1, Block discloses An optical physiological sensor integrated into a wearable device 200 (Fig. 2A), the optical physiological sensor comprising: a substrate 203 having an optical center 209 (Fig. 2B); a first emitter group of light emitting diodes (LEDs) 206 positioned adjacent to the optical center (area of 242a in fig. 2H) of the substrate and spaced at an offset from the optical center (Fig. 2A); a second emitter group of LEDs 208 positioned adjacent to the optical center of the substrate at an offset to the optical center and spaced at an offset from the optical center opposite the first emitter group of LEDs relative to the optical center (Fig. 2A); and a plurality of detectors 204A-H arranged in a spatial configuration that surrounds the first and the second emitter group (Fig. 2A), wherein each of the plurality of detectors 204A-h are positioned on the substrate a same distance away from the optical center of the substrate (Fig. 2A).
However, Block does not specifically show a light barrier construct mounted on the substrate and defining a first emitter chamber that houses the first emitter group of LEDs, and a second emitter chamber that houses the second emitter group of LEDs, wherein the light barrier construct is configured to optically isolate the first emitter group of LEDs from the second emitter group of LEDs. Han discloses a light barrier construct  519, 719 mounted on the substrate (Fig. 6A) and defining a first emitter chamber 606 (emitter on left side of Fig. 6) that houses the first emitter group of LEDs, and a second emitter chamber 606 (emitter on right side of Fig. 6) that houses the second emitter group of LEDs, wherein the light barrier construct is configured to optically isolate the first emitter group of LEDs from the second emitter group of LEDs (Fig. 6-7A-C, light emitters are separated from each other as seen in figures). This allows for the improved signal strength and reduced noise. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the device of Block by adding light barrier as taught by Han in order to facilitate improved signal strength and reduced noise.
Regarding claim 2, Block discloses the spatial configuration is annular (Fig. 2A).
Regarding claim 3, Block discloses a light barrier 216 construct mounted on the substrate and configured to isolate the first emitter group, the second emitter group, and the plurality of detectors, wherein the light barrier construct comprises a plurality of light barriers defining one or more chambers (Fig. 2B, Section 0037, To prevent or reduce optical crosstalk between the plurality of light detectors and the plurality of first light emitters, optical isolation can be a wall located between the plurality of light detectors and the plurality of first light emitters).
Regarding claim 4, Block discloses the light barrier construct 216 includes a maximum height extending away from the substrate at the optical center of the substrate (Fig. 2B, Section 0037, To prevent or reduce optical crosstalk between the plurality of light detectors and the plurality of first light emitters, optical isolation can be a wall located between the plurality of light detectors and the plurality of first light emitters).
Regarding claim 9, Block discloses an arrangement of the LEDs of the first emitter group on the substrate mirrors an arrangement of the LEDs of the second emitter group on the substrate across a centerline of the sensor that bisects the sensor (Fig. 2A).
Regarding claim 10, Block discloses the centerline of the sensor bisects at least one of the plurality of detectors (Fig. 2A).
Regarding claim 11, Block discloses a distance from the first emitter group 206 to the at least one of the plurality of detectors 204A-H is substantially similar to a distance from the second emitter group 208 to the at least one of the plurality of detectors  204A-H (Fig. 2A).
Regarding claim 16, Block discloses plurality of detectors includes a first detector group and a second detector group (Fig. 2A, detectors above line I-II and detectors below line I-II).
Regarding claim 17, Block discloses the first detector group includes at least two detectors housed in respective detector chambers, and wherein the second detector group includes at least two detectors housed in respective detector chambers (Fig. 2A, detectors above line I-II and detectors below line I-II).
Regarding claim 18, Block discloses a distance between the first emitter group and the first detector group is greater than a distance between the second emitter group and the first detector group (Fig. 2A).
Regarding claim 19, Block discloses the substrate comprises a printed circuit board (PCB) 215 (Fig. 2C, section 0041).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Block et al. (US 20190090766), cited previously in view of Han (US 20160058309 A1) as applied to claim 1 above, and further in view of Allee (US 11857298), cited previously.
Regarding claim 8, Block in view of Han discloses the invention substantially as claimed however does not show the first emitter group is configured to emit optical radiation having a same wavelength as optical radiation emitted from the second emitter group. Allee discloses the first emitter group is configured to emit optical radiation having a same wavelength as optical radiation emitted from the second emitter group (column 16 lines 63-67, column 17 lines 1-26). This increases the optical power and/or improve the detectability of that wavelength. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the device of Block by adding first emitter group is configured to emit a same plurality of light wavelengths as the second emitter group in order to increases the optical power and/or improve the detectability of that wavelength.
Claim(s) 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Block et al. (US 20190090766), cited previously in view of Han (US 20160058309 A1) as applied to claim 1 above, and further in view of Pandya (US 10987054), cited previously.
Regarding claim 12, Block in view of Han discloses the invention substantially as claimed however does not show an ECG sensor, wherein the ECG sensor comprises a reference electrode, a negative electrode, and a positive electrode and wherein the reference and negative electrodes are located on the sensor and wherein the positive electrode is located on a housing of the wearable device. Pandya discloses an ECG sensor, wherein the ECG sensor comprises a reference electrode, a negative electrode, and a positive electrode and wherein the reference and negative electrodes are located on the sensor and wherein the positive electrode is located on a housing of the wearable device (column 5 lines 5-25). This allows for electrodes be used to sense or determine biological parameters of a user that wears the wearable electronic device. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the device of Block by adding ECG sensor electrodes as taught by Pandya in order to facilitate electrodes be used to sense or determine biological parameters of a user that wears the wearable electronic device.
Regarding claim 13, Block in view of Han discloses the invention substantially as claimed however does not show the reference and negative electrodes are releasably coupled to the substrate of the sensor via one or more springs configured to bias the reference and negative electrodes away from the substrate. Pandya discloses show the reference and negative electrodes are releasably coupled to the substrate of the sensor via one or more springs configured to bias the reference and negative electrodes away from the substrate (column 6 lines 38-48). This allows for proper electrical connection contact of the electrodes to the wearer of the wearable electronic device. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the device of Block by adding electrodes coupled to the substrate as taught by Pandya in order to facilitate proper electrical connection contact of the electrodes to the wearer of the wearable electronic device.
Regarding claim 14, Block in view of Han discloses the invention substantially as claimed however does not show the reference electrode is substantially semi- annular and wherein the negative electrode is substantially semi-annular. Pandya discloses the reference electrode is substantially semi- annular and wherein the negative electrode is substantially semi-annular (Fig. 2A, column 9 lines 63-65). This allows for proper electrical connection contact of the electrodes to the wearer of the wearable electronic device. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the device of Block by adding semi-annular electrodes as taught by Pandya in order to facilitate proper electrical connection contact of the electrodes to the wearer of the wearable electronic device.
Regarding claim 15, Block in view of Han discloses the invention substantially as claimed however does not show the reference and negative electrodes surround the plurality of detectors. Pandya discloses the reference and negative electrodes surround the plurality of detectors (column 9 lines 60-63). This allows for proper electrical connection contact of the electrodes to the wearer of the wearable electronic device. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the device of Block by adding electrodes surround the plurality of detectors as taught by Pandya in order to facilitate proper electrical connection contact of the electrodes to the wearer of the wearable electronic device.
Claim Objections
Claims 5, 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.
Response to Arguments
Applicant's arguments filed 10/18/2024 have been fully considered but they are not persuasive. Examiner does find that Block does not specifically show a light barrier construct mounted on the substrate and defining a first emitter chamber that houses the first emitter group of LEDs, and a second emitter chamber that houses the second emitter group of LEDs, wherein the light barrier construct is configured to optically isolate the first emitter group of LEDs from the second emitter group of LEDs. Han discloses a light barrier construct  519, 719 mounted on the substrate (Fig. 6A) and defining a first emitter chamber 606 (emitter on left side of Fig. 6) that houses the first emitter group of LEDs, and a second emitter chamber 606 (emitter on right side of Fig. 6) that houses the second emitter group of LEDs, wherein the light barrier construct is configured to optically isolate the first emitter group of LEDs from the second emitter group of LEDs (Fig. 6-7A-C, light emitters are separated from each other as seen in figures). This allows for the improved signal strength and reduced noise. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the device of Block by adding light barrier as taught by Han in order to facilitate improved signal strength and reduced noise.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action.  Accordingly, THIS ACTION IS MADE FINAL.  See MPEP § 706.07(a).  Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action.  In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action.  In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action.  In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action.  In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.

CITED REFERENCE SUMMARIES: Ref US20190090766A1: Claims:
A device comprising: an optical sensing unit comprising: a center region including: a plurality of first light emitters configured to emit first light paths having first wavelengths; one or more second light emitters configured to emit second light paths having second wavelengths, different from the first wavelengths, wherein the plurality of first light emitters is located closer to a peripheral region than the one or more second light emitters; and the peripheral region located around the center region, the peripheral region including: a plurality of light detectors configured to detect the first light paths and the second light paths, wherein the plurality of light detectors is oriented in a concentric arrangement.
an optical sensing unit comprising: a center region including: a plurality of first light emitters configured to emit first light paths having first wavelengths; one or more second light emitters configured to emit second light paths having second wavelengths, different from the first wavelengths, wherein the plurality of first light emitters is located closer to a peripheral region than the one or more second light emitters; and the peripheral region located around the center region, the peripheral region including: a plurality of light detectors configured to detect the first light paths and the second light paths, wherein the plurality of light detectors is oriented in a concentric arrangement.
a center region including: a plurality of first light emitters configured to emit first light paths having first wavelengths; one or more second light emitters configured to emit second light paths having second wavelengths, different from the first wavelengths, wherein the plurality of first light emitters is located closer to a peripheral region than the one or more second light emitters; and
a plurality of first light emitters configured to emit first light paths having first wavelengths;
one or more second light emitters configured to emit second light paths having second wavelengths, different from the first wavelengths,
wherein the plurality of first light emitters is located closer to a peripheral region than the one or more second light emitters; and
the peripheral region located around the center region, the peripheral region including: a plurality of light detectors configured to detect the first light paths and the second light paths, wherein the plurality of light detectors is oriented in a concentric arrangement.
a plurality of light detectors configured to detect the first light paths and the second light paths, wherein the plurality of light detectors is oriented in a concentric arrangement.
The device of claim 1 , further comprising: a lens including a plurality of regions, the plurality of regions including: a first region overlaying the plurality of first light emitters; and a second region overlying the one or more second light emitters, wherein optical properties of the first region differ from optical properties of the second region.
a lens including a plurality of regions, the plurality of regions including: a first region overlaying the plurality of first light emitters; and a second region overlying the one or more second light emitters, wherein optical properties of the first region differ from optical properties of the second region.
a first region overlaying the plurality of first light emitters; and
a second region overlying the one or more second light emitters, wherein optical properties of the first region differ from optical properties of the second region.
The device of claim 1 , wherein each of the plurality of first light emitters has a center located at a radial angle relative to a center of the center region, and centers of two of the plurality of light detectors are located at the radial angle relative to the center of the center region.
The device of claim 1 , wherein each of the first light emitters is located such that a separation distance between the respective first light emitter and one of the plurality of light detectors is less than separation distances between the respective first light emitter and others of the plurality of light detectors.
The device of claim 1 , further comprising: an optical isolation located between the plurality of first light emitters and the plurality of light detectors, wherein walls of the optical isolation define one or more cavities, wherein the plurality of first light emitters and the one or more second light emitters are located in a cavity separate from the plurality of light detectors.
an optical isolation located between the plurality of first light emitters and the plurality of light detectors,
wherein walls of the optical isolation define one or more cavities, wherein the plurality of first light emitters and the one or more second light emitters are located in a cavity separate from the plurality of light detectors.
The device of claim 1 , further comprising: a retroreflector located between the center region and the peripheral region, wherein the retroreflector is configured to reflect light in a direction away from at least one of the plurality of light detectors.
a retroreflector located between the center region and the peripheral region, wherein the retroreflector is configured to reflect light in a direction away from at least one of the plurality of light detectors.
The device of claim 1 , further comprising: one or more windows located proximate to the center region and the peripheral region; and an opaque mask located between the center region and the peripheral region, wherein the opaque mask is configured to absorb light reflecting off an interface of the one or more windows.
one or more windows located proximate to the center region and the peripheral region; and
an opaque mask located between the center region and the peripheral region, wherein the opaque mask is configured to absorb light reflecting off an interface of the one or more windows.
The device of claim 1 , further comprising: a selective transparent layer located in the peripheral region, the selective transparent layer including a plurality of first sections and a plurality of second sections, wherein the plurality of first sections overlays one or more first portions of the peripheral region and the plurality of second sections overlays one or more second portions of the peripheral region, the one or more second portions overlay the plurality of light detectors.
a selective transparent layer located in the peripheral region, the selective transparent layer including a plurality of first sections and a plurality of second sections, wherein the plurality of first sections overlays one or more first portions of the peripheral region and the plurality of second sections overlays one or more second portions of the peripheral region, the one or more second portions overlay the plurality of light detectors.
The device of claim 8 , wherein the plurality of first sections includes material that is partially transparent to the first wavelengths and transparent to the second wavelengths.
The device of claim 8 , wherein the plurality of second sections excludes material.
The device of claim 1 , wherein the first wavelengths include one or more visible wavelengths, and the second wavelengths include one or more infrared wavelengths.
The device of claim 1 , wherein the first region of the lens is a Fresnel lens, and the second region of the lens includes a plurality of prisms.
A method for operating a device, the method comprising: associating a plurality of light detectors to a plurality of channels during a first time; for each light emitter: emitting light from the respective light emitter; measuring at least a portion of the emitted light using at least one of the plurality of channels; and selecting and changing to another association such that at least one of the plurality of light detectors is associated with a different channel during a second time, the selected another association based on one or more of the measurements.
associating a plurality of light detectors to a plurality of channels during a first time;
for each light emitter: emitting light from the respective light emitter; measuring at least a portion of the emitted light using at least one of the plurality of channels; and
emitting light from the respective light emitter;
measuring at least a portion of the emitted light using at least one of the plurality of channels; and
selecting and changing to another association such that at least one of the plurality of light detectors is associated with a different channel during a second time, the selected another association based on one or more of the measurements.
The method of claim 13 , wherein the association during the first time or the second time includes each channel having adjacent light detectors.
The method of claim 13 , wherein the association during the first time or the second time includes each channel having a first set of one or more of the plurality of light detectors and a second set of one or more of the plurality of light detectors, the first set spatially separated from the second set.
The method of claim 15 , the method further comprises: determining a physiological information using the measurement from the first set when one light emitter is emitting and using the measurement from the second set when another light emitter is emitting.
determining a physiological information using the measurement from the first set when one light emitter is emitting and using the measurement from the second set when another light emitter is emitting.
The method of claim 13 , wherein one association includes a single channel including all of the plurality of light detectors and another association includes multiple channels.
The method of claim 17 , wherein signals from the one association are used for primary measurement information, and signals from the another association are used for secondary measurement information.
The method of claim 13 , wherein the association during the first time includes two sets of adjacent light detectors, the two sets being non-adjacent from each other.
The method of claim 13 , wherein at least one of the plurality of light detectors is included in one of the plurality of channels during the first time is included in the same one of the plurality of channels during the second time.
Ref US10987054B2: Claims:
An electronic watch comprising: a housing member; a display at least partially enclosed by the housing member; a carrier assembly coupled to the housing member and comprising: a carrier member formed from a transparent material; a first electrode positioned on the carrier member, operably coupled to a processor and configured to detect a first voltage; and a second electrode positioned on the carrier member, operably coupled to the processor and configured to detect a second voltage, the first and second electrodes at least partially surrounding a first region of the carrier member and a second region of the carrier member; a light emitter positioned below the first region of the carrier member; a light receiver positioned below the second region of the carrier member and configured to receive light reflected from a wrist; a third electrode coupled to the housing member, operably coupled to the processor, and configured to detect a third voltage; and the processor positioned within the electronic watch and configured to determine an electrocardiogram using the first voltage, the second voltage, and the third voltage.
a housing member;
a display at least partially enclosed by the housing member;
a carrier assembly coupled to the housing member and comprising: a carrier member formed from a transparent material; a first electrode positioned on the carrier member, operably coupled to a processor and configured to detect a first voltage; and a second electrode positioned on the carrier member, operably coupled to the processor and configured to detect a second voltage, the first and second electrodes at least partially surrounding a first region of the carrier member and a second region of the carrier member;
a carrier member formed from a transparent material;
a first electrode positioned on the carrier member, operably coupled to a processor and configured to detect a first voltage; and
a second electrode positioned on the carrier member, operably coupled to the processor and configured to detect a second voltage, the first and second electrodes at least partially surrounding a first region of the carrier member and a second region of the carrier member;
a light emitter positioned below the first region of the carrier member;
a light receiver positioned below the second region of the carrier member and configured to receive light reflected from a wrist;
a third electrode coupled to the housing member, operably coupled to the processor, and configured to detect a third voltage; and
the processor positioned within the electronic watch and configured to determine an electrocardiogram using the first voltage, the second voltage, and the third voltage.
The electronic watch of claim 1 , wherein: the light receiver is a first light receiver; the electronic watch further comprises a second light receiver; and the first and second light receivers are configured to measure a heart rate using the light reflected from the wrist.
the light receiver is a first light receiver;
the electronic watch further comprises a second light receiver; and
the first and second light receivers are configured to measure a heart rate using the light reflected from the wrist.
The electronic watch of claim 1 , wherein: the housing member defines a rectangular outer housing profile; the display is a rectangular display; and the carrier member defines a circular outer carrier profile.
the housing member defines a rectangular outer housing profile;
the display is a rectangular display; and
the carrier member defines a circular outer carrier profile.
The electronic watch of claim 1 , wherein: the first electrode includes a first conductive coating deposited on the carrier member; and the second electrode includes a second conductive coating deposited on the carrier member.
the first electrode includes a first conductive coating deposited on the carrier member; and
the second electrode includes a second conductive coating deposited on the carrier member.
The electronic watch of claim 4 , wherein the first and second conductive coatings include one or more of an aluminum titanium nitride material, a chromium silicon carbon nitride material, or a diamond like carbon material.
The electronic watch of claim 4 , wherein: the first conductive coating is deposited along an exterior surface of the carrier member, an edge of the carrier member, and an interior surface of the carrier member; and the processor is operably coupled to the first electrode along a portion of the first conductive coating positioned along the interior surface of the carrier member.
the first conductive coating is deposited along an exterior surface of the carrier member, an edge of the carrier member, and an interior surface of the carrier member; and
the processor is operably coupled to the first electrode along a portion of the first conductive coating positioned along the interior surface of the carrier member.
The electronic watch of claim 1 , wherein: the electronic watch further comprises a button having a conductive button cap; and the conductive button cap defines the third electrode.
the electronic watch further comprises a button having a conductive button cap; and
the conductive button cap defines the third electrode.
The electronic watch of claim 1 , wherein: the carrier member includes an opaque ink mask deposited along an inner surface of the carrier member surrounding the first and second regions; the first and second electrodes are positioned along an exterior surface of the carrier member that is over the opaque ink mask; and the exterior surface of the carrier member protrudes outward from an external surface of the housing member.
the carrier member includes an opaque ink mask deposited along an inner surface of the carrier member surrounding the first and second regions;
the first and second electrodes are positioned along an exterior surface of the carrier member that is over the opaque ink mask; and
the exterior surface of the carrier member protrudes outward from an external surface of the housing member.
A wearable electronic device comprising: a rectangular housing member defining a rectangular front opening and a circular rear opening; a cover having a rectangular cover profile and positioned over the rectangular front opening; a display positioned below the cover; a carrier assembly coupled to the rectangular housing member and comprising: a carrier member having a circular carrier profile and positioned over the circular rear opening; a rear electrode positioned on the carrier member and configured to receive a first voltage signal from a wrist of a user; an optical sensor system comprising: an optical emitter positioned below a first region of the carrier member; and an optical receiver positioned below a second region of the carrier member; a side electrode positioned along an exterior of the rectangular housing member and configured to receive a second voltage signal from a finger of the user; and a processor positioned within the wearable electronic device and configured to determine a biological parameter using the first and second voltage signals.
a rectangular housing member defining a rectangular front opening and a circular rear opening;
a cover having a rectangular cover profile and positioned over the rectangular front opening;
a display positioned below the cover;
a carrier assembly coupled to the rectangular housing member and comprising: a carrier member having a circular carrier profile and positioned over the circular rear opening; a rear electrode positioned on the carrier member and configured to receive a first voltage signal from a wrist of a user;
a carrier member having a circular carrier profile and positioned over the circular rear opening;
a rear electrode positioned on the carrier member and configured to receive a first voltage signal from a wrist of a user;
an optical sensor system comprising: an optical emitter positioned below a first region of the carrier member; and an optical receiver positioned below a second region of the carrier member;
an optical emitter positioned below a first region of the carrier member; and
an optical receiver positioned below a second region of the carrier member;
a side electrode positioned along an exterior of the rectangular housing member and configured to receive a second voltage signal from a finger of the user; and
a processor positioned within the wearable electronic device and configured to determine a biological parameter using the first and second voltage signals.
The wearable electronic device of claim 9 , wherein: the rear electrode is a first rear electrode; and the wearable electronic device further comprises a second rear electrode positioned on the carrier member and configured to ground the wearable electronic device to the user.
the rear electrode is a first rear electrode; and
the wearable electronic device further comprises a second rear electrode positioned on the carrier member and configured to ground the wearable electronic device to the user.
The wearable electronic device of claim 10 , wherein: the first rear electrode defines a first arc that partially surrounds the optical sensor system; and the second rear electrode defines a second arc that partially surrounds the optical sensor system.
the first rear electrode defines a first arc that partially surrounds the optical sensor system; and
the second rear electrode defines a second arc that partially surrounds the optical sensor system.
The wearable electronic device of claim 9 , wher
[Truncated to input limit]