Patent Application 18214986 - HEALTH-MONITORING MEASUREMENT ANDOR MONITORING - Rejection

Patent Application 18214986 - HEALTH-MONITORING MEASUREMENT ANDOR MONITORING

Title: HEALTH-MONITORING MEASUREMENT AND/OR MONITORING WITH A SMARTWATCH THAT INCLUDES ONE OR MORE VCSEL'S

Application Information

• Invention Title: HEALTH-MONITORING MEASUREMENT AND/OR MONITORING WITH A SMARTWATCH THAT INCLUDES ONE OR MORE VCSEL'S
• Application Number: 18214986
• Submission Date: 2025-05-15T00:00:00.000Z
• Effective Filing Date: 2023-06-27T00:00:00.000Z
• Filing Date: 2023-06-27T00:00:00.000Z
• Examiner Employee Number: 87182
• Art Unit: 3791
• Tech Center: 3700

Rejection Summary

• 102 Rejections: 0
• 103 Rejections: 1

Cited Patents

The following patents were cited in the rejection:

• US 0152312🔗
• US 0280269🔗

Office Action Text

    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 .
Applicant’s preliminary amendments filed on 12/26/2024 are acknowledged.
Claims 1-4 and 6-20 (claims 1-4, 6-8 and renumbered claims 21-32) are pending for examination. Original claims 13-20 are cancelled. It is noted that claim 5 is NOT recited in the original claims filed on 06/27/2023 or the amended claims filed on 12/26/2024.

Claim Objections
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution.  When claims are canceled, the remaining claims must not be renumbered.  When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Misnumbered claims 9-20 have been renumbered 21-32, respectively. 
Claim 5 is missing.

Claims 1 and 25 are objected to because of the following informalities: In regard to claim 1, “confine” should be set forth “confined” and “an HCG” should be set forth “a HCG”. In regard to claim 25, “an” should be set forth before “indium”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b)  CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.


The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.


Claims 1-8 and 21-32 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA  35 U.S.C. 112, the applicant), regards as the invention. Claims that depend directly or indirectly from claim(s) 1 is/are also rejected due to said dependency.
In regard to claim 1, the claim contains conditional/ optional languages, “can” which do not positively claim the limitations (“Language that suggests or makes optional but does not require steps to be performed or does not limit a claim to a particular structure does not limit the scope of a claim or claim limitation”, see MPEP 2103 C and 2111.04). The conditional/ optional limitations are not given patentable weight. It is unclear whether the recited structure(s) is/ are included or not. Clarification is requested by amendments.
In regard to claim 1, the claim recites “…the one or more active regions can include (intended uses/ conditional/ optional languages, see above) a selected shape structure, one or more tunnel junctions (TJ), one or more apertures are provided with the selected shape structure, one or more buried tunnel junctions (BTJ) or oxide confine apertured, additional TJ's, planar structures and or additional BTJ's created during a regrowth process that is independent of a first growth process with a VCSEL output determined in response to a monitoring application of 	 VCSEL, the VCSEL having an HCG grating and a bottom DBR…”. First of all, the structure(s) of “one or more buried tunnel junctions (BTJ) or oxide confine apertured” are not clearly defined. It is unclear whether the one or more active regions include “one or more BTJ or (one or more) oxide confine aperture or oxide confine apertured tunnel or “BTJ being oxide confine apertured”. Clarification is requested by amendments. 
Secondly, claim 1 recites “… planar structures and or additional BTJ’s”. It is unclear whether the term “and or” is intended to recite “and”, “or” or “and/ or”. It is unclear what structure(s) should be interpreted. Clarification is requested by amendments.
Third, claim 1 recites “HCG grading and a bottom DBR”. It is unclear what “HCG” and “DBR” represent because “HCG or DBR” may be an abbreviation of different terms. If they stand for “High Contrast Grating or Distributed Bragg Reflector”, it is suggested “high contrast grating (HCG) or Distributed Bragg Reflector (DBR) should be set forth. Clarification is requested by amendments.
Fourth, claim 1 recites “additional TJ’s / additional BTJ’s”. The term “additional” implies that a “TJ/ BTJ” is required/ included in the one or more active regions. It is unclear what structure(s) the limitations is/are intended. Clarification is requested by amendments. 
Fifth, claim 1, line 8, recites “the VCSEL”, which lacks of sufficient antecedent basis. It is also unclear if “the VCSEL” refers to the recited “a VCSEL laser” or “a VCSEL output” or any additional VCSEL. Clarification is requested by amendments. Similar deficiencies, i.e. “the VCSEL”, can also be found in claims 2-4, 6-7 and 23. 
For the purpose of compact prosecution, any possible claim interpretation(s)/ similar structure(s) would meet the claim limitations of claim 1.
In regard to claim 3, the claim depends on itself. It is unclear what claim it depends. Clarification is requested by amendments. In additional, the claim recites “the electromagnetic energy”, which lacks of sufficient antecedent basis. Furthermore, the claim recites “, “ in the end of the claim. It is unclear whether any additional limitation(s) is missing or a period “ . “ should be set forth.
In regard to claim 4, “the electromagnetic radiation source” lacks of sufficient antecedent basis.
In regard to claim 7, ”the power of the output beam” lack of sufficient antecedent bases.
In regard to claim 21, the claim recites “a long wavelength”. It is unclear as to the metes and bounds of "long wavelength.” The specification does not provide any limitation definition(s) and one of ordinary skill in the art would recognize that the number of different “long wavelength” that can defined is boundless. For the remainder of this action, any wavelength will be regarded as meeting this requirement. Similar deficiency, i.e. “long wavelength”, can also be found in claim 25.
In regard to claim 22,  “the long wavelength” lacks of sufficient antecedent basis.
In regard to claim 24,  “the long wavelength” lacks of sufficient antecedent basis.
In regard to claim 25,  “the laser structure” lacks of sufficient antecedent basis.
In regard to claim 28, the claim recites “a bottom DBR”. It is unclear whether the term refers to “a bottom DBR” recited in claim 1 or it is an additional bottom DBR. Clarification is requested by amendments.
In regard to claim 32,  “the aperture” lacks of sufficient antecedent basis.

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 1-2, 6 and 21-32 are rejected under 35 U.S.C. 103 as being unpatentable over Connor (USPGPUB 2020/0152312), and further in view of Chang-Hasnain et al. (USPGPUB 2011/0280269 – applicant cited). It is noted that the claim is rejected as best understood, see the 35 USC 112(b) rejection above. In regard to claim 1, Connor discloses a glucose detection or monitoring system (Fig. 1 and associated descriptions; glucose, [0022]; [0110-0111]; [0115]), comprising: a VCSEL laser ([0460]), a smartwatch having a housing with an interior that houses the VCSEL laser (Fig. 1 and associated descriptions; [0024-0025]; [0039]; [0045]); and the smartwatch including one or more of a display, an optical sensor, one or more electrodes, SIM card slot, speaker, microphone, charging pins, and a band (camera 101, band, and display 106, Fig. 1 and associated descriptions; electrodes or electrodes in the sensors, [0022] and [0153]; microphone, [0022] and [0024]; speaker, [0201] and [0224]). 
Connor does not specifically discloses a VCSEL laser with one or more active regions having quantum wells and barriers, the active regions surrounded by one or more p-n junctions, the one or more active regions can include a selected shape structure, one or more tunnel junctions (TJ), one or more apertures are provided with the selected shape structure, one or more buried tunnel junctions (BTJ) or oxide confine apertured, additional TJ's, planar structures and or additional BTJ's created during a regrowth process that is independent of a first growth process with a VCSEL output determined in response to a monitoring application of the VCSEL, the VCSEL having an HCG grating and a bottom DBR.
Chang-Hasnain teaches a VCSEL laser (Figs. 1-12 and associated descriptions) with one or more active regions having quantum wells and barriers (element 14 and associated elements, Fig. 1 and associated descriptions), the active regions surrounded by one or more p-n junctions (Figs. 8A-C and associated descriptions), the one or more active regions can include a selected shape structure (Figs. 1, 4-5, 7-10, and 12 and associated descriptions), one or more tunnel junctions (TJ) (element 28, Fig. 1 and associated descriptions; abstract; [0018]; [0021]; [0029]), one or more apertures are provided with the selected shape structure (top apertures, Figs. 1, 4-5, 7-10, and 12 and associated descriptions; [0018]), one or more buried tunnel junctions (BTJ) or oxide confine apertured ([0011]), additional TJ's, planar structures and or additional BTJ's created during a regrowth process that is independent of a first growth process with a VCSEL output determined in response to a monitoring application of the VCSEL (planar structures, Figs. 1, 4-5, 7-10, and 12 and associated descriptions), the VCSEL having an HCG grating (HCG, Figs. 1, 4-5, 7-10, and 12 and associated descriptions) and a bottom DBR (lower DBR, Figs. 1, 7 and 12 and associated descriptions).
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 VCSEL (Connor) with the VCSEL and associated elements/functions as taught by Chang-Hasnain to yield predictable results, since both lasers are VCSEL and one of ordinary skill in the art would have recognized that the VCSEL as taught by Chang-Hasnain is an alternative equivalent VCSEL. 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 2, Connor as modified by Chang-Hasnain discloses the VCSEL produces an output beam of electromagnetic energy ([0460] of Connor; VCSEL, abstract and Figs. 1-12 and associated descriptions of Chang-Hasnain).
In regard to claim 6, Connor as modified by Chang-Hasnain discloses the VCSEL is coupled to or includes a first mirror (mirror, abstract and [0013-0014] of Chang-Hasnain).
In regard to claim 21, Connor as modified by Chang-Hasnain discloses the output of the VCSEL laser has a long wavelength (abstract; [0008-0009]; [0016-0018]; [0023] of Chang-Hasnain).
In regard to claim 22, Connor as modified by Chang-Hasnain discloses the long wavelength is from 1 micron to 1.7 microns (abstract; [0008-0009]; [0016-0018] ; [0023] of Chang-Hasnain).
In regard to claim 23, Connor as modified by Chang-Hasnain discloses the VCSEL produces a wavelength of 1550nm ([0016] of Chang-Hasnain).
In regard to claim 24, Connor as modified by Chang-Hasnain discloses the long wavelength is 1.365 microns (abstract; [0008-0009]; [0016-0018] ; [0023] of Chang-Hasnain).
In regard to claim 25, Connor as modified by Chang-Hasnain discloses the output of the VCSEL laser is a long wavelength, at least partially created from indium phosphide structure in the laser structure (InP, [0016-0018]; [0021]; [0023]; [0029]; Figs. 1, 7 and 12 and associated descriptions of Chang-Hasnain).
In regard to claim 26, Connor as modified by Chang-Hasnain discloses the VCSEL laser includes an indium phosphide substrate (InP, [0016-0018]; [0021]; [0023]; [0029]; Figs. 1, 7 and 12 and associated descriptions of Chang-Hasnain).
In regard to claim 27, Connor as modified by Chang-Hasnain discloses the VCSEL laser includes or is coupled to a top DBR or a high contrast grating (HCG) (DBR and HCG, Figs. 1, 7 and 12 and associated descriptions of Chang-Hasnain).
In regard to claim 28, Connor as modified by Chang-Hasnain discloses a bottom DBR is a semiconductor DBR or a combination of a semiconductor DBR with a dielectric coating (DBR, Figs. 1, 7 and 12 and associated descriptions of Chang-Hasnain).
In regard to claim 29, Connor as modified by Chang-Hasnain discloses the VCSEL laser includes a dielectric coating ([0011]; [0079] of Chang-Hasnain).
In regard to claim 30, Connor as modified by Chang-Hasnain discloses the VCSEL laser operates in a single mode or a multi- mode operation ([0017]; [0019]; [0021] of Chang-Hasnain).
In regard to claim 31, Connor as modified by Chang-Hasnain discloses the VCSEL laser operates in a single mode ([0017]; [0019]; [0021] of Chang-Hasnain).
In regard to claim 32, Connor as modified by Chang-Hasnain discloses dimensions of the aperture and HCG are contributing factors to a single mode operation (Figs. 1-12 and associated descriptions; [0017]; [0019]; [0021] of Chang-Hasnain).

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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent Nos. 12,224,559; 12,272,924; 12,294,199; and 12,278,462, in view of Connor. In regard to claim 1 of present application, claims 1 of 12,224,559; 12,272,924; 12,294,199; and 12,278,462 recite all the claimed limitations except a system, comprising: a VCSEL laser, a smartwatch having a housing with an interior that houses the VCSEL laser; and the smartwatch including one or more of a display, an optical sensor, one or more electrodes, SIM card slot, speaker, microphone, charging pins, and a band. Connor teaches a glucose detection or monitoring system, comprising: a VCSEL laser a smartwatch having a housing with an interior that houses the VCSEL laser; and the smartwatch including one or more of a display, an optical sensor, one or more electrodes, SIM card slot, speaker, microphone, charging pins, and a band (see claim 1 above). 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 VCSEL laser of claims 1 of 12,224,559; 12,272,924; 12,294,199; and 12,278,462 to incorporate the smartwatch and associated configurations as taught by Connor, since both devices utilize VCSEL lasers and one of ordinary skill in the art would have recognized that wearable/ portable configuration(s) as taught by Connor facilitates the utilization of the VCSEL later in other applications/ filed. The rationale would have been to expand the applications of VCSEL laser in the same or other fields.


The followings are provisional nonstatutory double patenting rejections.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of copending Application Nos. 18/207,804;  18/207,818; 18/207,826; 18/207,857; 18/207,864; 18/223,535; 18/224,867; 18/224,926; 18/536,323; and 18/536,345 in view of Connor. In regard to claim 1 of present application, claims 1 of 18/207,804;  18/207,818; 18/207,826; 18/207,857; 18/207,864; 18/223,535; 18/224,867; 18/224,926; 18/536,323; and 18/536,345 recite all the claimed limitations except a system, comprising: a VCSEL laser, a smartwatch having a housing with an interior that houses the VCSEL laser; and the smartwatch including one or more of a display, an optical sensor, one or more electrodes, SIM card slot, speaker, microphone, charging pins, and a band. Connor teaches a glucose detection or monitoring system, comprising: a VCSEL laser a smartwatch having a housing with an interior that houses the VCSEL laser; and the smartwatch including one or more of a display, an optical sensor, one or more electrodes, SIM card slot, speaker, microphone, charging pins, and a band (see claim 1 above). 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 VCSEL laser of claims 1 of 18/207,804;  18/207,818; 18/207,826; 18/207,857; 18/207,864; 18/223,535; 18/224,867; 18/224,926; 18/536,323; and 18/536,345 to incorporate the smartwatch and associated configurations as taught by Connor, since both devices utilize VCSEL lasers and one of ordinary skill in the art would have recognized that wearable/ portable configuration(s) as taught by Connor facilitates the utilization of the VCSEL later in other applications/ filed. The rationale would have been to expand the applications of VCSEL laser in the same or other fields. 
Conclusion
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/CHU CHUAN LIU/           Primary Examiner, Art Unit 3791