DETAILED ACTION
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9/9/2025 has been entered.
Acknowledgements
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1, 3-8, 11-12, 14-15, 21-26, 28-32 are pending.
This action is Non-Final.
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, 3-8, 11-12, 14-15, 21-26, 28-32 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.
Claim 1 recites the limitation "the stress level" in line 15. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the resting…" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the stress level" in line 14. There is insufficient antecedent basis for this limitation in the claim.
Claim 22 recites the limitation "the resting…" in line 2. There is insufficient antecedent basis for this limitation in the claim.
The dependent claims are rejected for depending on a rejected claim.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3-8, 11-12, 14, 29 are rejected under 35 U.S.C. 103 as being unpatentable over Panther et al. (Panther, US 2014/0273858) in view of Bennett et al. (Bennett, US 2006/0094967).
Regarding claim 1, Panther teaches a non-transitory computer-readable medium storing a set of instructions, which when executed by a processor of a wearable device (see at least Figures 1-5, [0308]-[0311] “apps” on the wearable device, processor and wearable device are inferential to the medium), cause the processor to provide emotional conditioning, the set of instructions being executable to:
obtain measurements of physiological parameters related to a first user (see at least [0108]-[0110]);
track the first user emotional state by analyzing the measurements of the physiological parameters from the first user over a desired time period (see at least [0110] “In one example embodiment, the biometric monitoring device may include an optical sensor to detect, sense, sample and/or generate data that may be used to determine information representative of, for example, stress (or level thereof), blood pressure, and/or heart rate of a user. (See, for example, FIGS. 2A through 3C and 11A through KKG). In such embodiments, the biometric monitoring device may include an optical sensor having one or more light sources (LED, laser, etc.) to emit or output light into the user's body, as well as light detectors (photodiodes, phototransistors, etc.) to sample, measure and/or detect a response or reflection of such light from the user's body and provide data used to determine data that is representative of stress (or level thereof), blood pressure, and/or heart rate of a user (e.g., such as by using photoplethysmography).” [0129], [0101], [0134] track as desired when worn, [0270]);
continuously monitor whether any of the measurements of the physiological parameters of the first user has changed (see at least [0243], [0270], [0351]-[0353]);
generate a set of charts associated with the desired time period that is representative of the measurements of the physiological parameters, wherein a first chart of the set of charts shows an indication of the stress levels of the first user (see at least [0009], [0132]; [0108], [0110] “In one example embodiment, the biometric monitoring device may include an optical sensor to detect, sense, sample and/or generate data that may be used to determine information representative of, for example, stress (or level thereof), blood pressure, and/or heart rate of a user. (See, for example, FIGS. 2A through 3C and 11A through KKG). In such embodiments, the biometric monitoring device may include an optical sensor having one or more light sources (LED, laser, etc.) to emit or output light into the user's body, as well as light detectors (photodiodes, phototransistors, etc.) to sample, measure and/or detect a response or reflection of such light from the user's body and provide data used to determine data that is representative of stress (or level thereof), blood pressure, and/or heart rate of a user (e.g., such as by using photoplethysmography).” (emphasis added); [0220], [0240] various data collected by sensors are aggregated and stored in memory as charts, such data can then be recalled for display or transmission);
cause the wearable device to send the set of charts to a telecommunication device associated with a second user (see at least [0009], [0132], [0277] data collected by sensors are transmitted to other device and/or server);
receive, from the second user, an indication of which of the physiological parameters is to be altered by the first user to assist with managing stress (intended use/results of receiving data from second/remote device: see at least [0132], [0269], receive data from remote device, such as setting goals or limits).
generate a stimulation to assist the first user to alter the physiological parameters corresponding to the indication, wherein the stimulation indicates a set of breathing instructions reflecting the indication (see at least [0270] “Some embodiments of biometric monitoring devices of the present disclosure may be equipped with wireless and/or wired communication circuitry to display data on a secondary device in real time. For example, such biometric monitoring devices may be able to communicate with a mobile phone via Bluetooth Low Energy in order to give real-time feedback of heart rate, heart rate variability, and/or stress to the user. Such biometric monitoring devices may coach or grant "points" for the user to breathe in specific ways that alleviate stress (e.g. by taking slow, deep breaths). Stress may be quantified or evaluated through heart rate, heart rate variability, skin temperature, changes in motion-activity data and/or galvanic skin response.” [0311] apps include… stress meter, stress/relaxation biofeedback game (e.g., potentially in combination with a mobile phone that provides auditory and/or visual cues to train user breathing in relaxation exercises).
However, the limitations of the measurements of physiological parameters related to the first user comprising a pulse pressure of the first user, wherein analyzing the measurements of the physiological parameters from the first user over the desired time period comprises determining a standard deviation of the pulse pressure of the first user, and stress level is derived from the standard deviation of the pulse pressure of the first user are not directly taught.
Bennett teaches a related system for measuring physiological signals from sensors (see at least abstract, [0057]), and teaches a process for evaluating ANS status of individuals by averaging a number of different metrics, wherein the metrics can include standard deviation (STD) of pulse pressure (PP), which reasonably teaches the limitations the measurements of physiological parameters related to the first user comprising a pulse pressure of the first user, wherein analyzing the measurements of the physiological parameters from the first user over the desired time period comprises determining a standard deviation of the pulse pressure of the first user, and stress level is derived from the standard deviation of the pulse pressure of the first user (see at least [0045] “At step 160, multiple ANS-influenced variables are derived from the sensed signal(s). Variable values determined at step 160 may be derived over any selected interval of time. For example variable values may be determined from a signal acquired over one or several cardiac cycles, minutes, hours, or even days. Thus, a derived variable value determined at step 160 may represent an average or other statistical aspect of a series of variable values, e.g. a PP variable may be an average or standard deviation of pulse pressure obtained over a predetermined time interval or number of cardiac cycles.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine prior art elements according to known methods to yield predictable results of using STDPP with other known different metrics representing stress in order to form an aggregate/average index to be able to monitor stress levels in a user.
Regarding claim 3, the limitations are met by Panther in view of Bennett, where Panther teaches wherein the indication includes a resting, mental stress test and/or recovery (further limits intended use/results of receiving data from second/remote device: see at least [0132], [0269], receive data from remote device, such as setting goals or limits; [0270] “Some embodiments of biometric monitoring devices of the present disclosure may be equipped with wireless and/or wired communication circuitry to display data on a secondary device in real time. For example, such biometric monitoring devices may be able to communicate with a mobile phone via Bluetooth Low Energy in order to give real-time feedback of heart rate, heart rate variability, and/or stress to the user. Such biometric monitoring devices may coach or grant "points" for the user to breathe in specific ways that alleviate stress (e.g. by taking slow, deep breaths). Stress may be quantified or evaluated through heart rate, heart rate variability, skin temperature, changes in motion-activity data and/or galvanic skin response.” [0311] apps include… stress meter, stress/relaxation biofeedback game (e.g., potentially in combination with a mobile phone that provides auditory and/or visual cues to train user breathing in relaxation exercises).
Regarding claim 4, the limitations are met by Panther in view of Bennett, where Panther teaches wherein the set of charts having a resting, mental stress test and/or recovery (see at least [0131] resting HR or sleep data).
Regarding claim 5, the limitations are met by Panther in view of Bennett, where Panther teaches wherein the set of charts further includes a trend displayable on a display unit (see at least [0133], [0208], [0220], [0240] data gathered is capable of claimed intended use).
Regarding claim 6, the limitations are met by Panther in view of Bennett, where Panther teaches wherein the set of charts further includes a tracking of data over a time period representative of the first user (see at least [0208]-[0209], [0243], [0270], [0351]-[0353]).
Regarding claim 7, the limitations are met by Panther in view of Bennett, where Panther teaches wherein the tracking of data is presented in textual or graphical format (see at least [0208]-[0209], [0243], [0270], [0351]-[0353]).
Regarding claim 8, the limitations are met by Panther in view of Bennett, where Panther teaches wherein the stimulation comprises an audio output (see at least [0270] “Some embodiments of biometric monitoring devices of the present disclosure may be equipped with wireless and/or wired communication circuitry to display data on a secondary device in real time. For example, such biometric monitoring devices may be able to communicate with a mobile phone via Bluetooth Low Energy in order to give real-time feedback of heart rate, heart rate variability, and/or stress to the user. Such biometric monitoring devices may coach or grant "points" for the user to breathe in specific ways that alleviate stress (e.g. by taking slow, deep breaths). Stress may be quantified or evaluated through heart rate, heart rate variability, skin temperature, changes in motion-activity data and/or galvanic skin response.” [0311] apps include… stress meter, stress/relaxation biofeedback game (e.g., potentially in combination with a mobile phone that provides auditory and/or visual cues to train user breathing in relaxation exercises).
Regarding claim 11, the limitations are met by Panther in view of Bennett, where Panther teaches wherein the stimulation comprises an alert to the first user for prolonged stress exposure (see at least [0270] Some embodiments of biometric monitoring devices of the present disclosure may be equipped with wireless and/or wired communication circuitry to display data on a secondary device in real time. For example, such biometric monitoring devices may be able to communicate with a mobile phone via Bluetooth Low Energy in order to give real-time feedback of heart rate, heart rate variability, and/or stress to the user. Such biometric monitoring devices may coach or grant "points" for the user to breathe in specific ways that alleviate stress (e.g. by taking slow, deep breaths). Stress may be quantified or evaluated through heart rate, heart rate variability, skin temperature, changes in motion-activity data and/or galvanic skin response.” [0311] apps include… stress meter, stress/relaxation biofeedback game (e.g., potentially in combination with a mobile phone that provides auditory and/or visual cues to train user breathing in relaxation exercises).
Regarding claim 12, the limitations are met by Panther in view of Bennett, where Panther teaches wherein the set of charts is indicative of the first user emotional state over a period of time representative of an activity and sleep period (see at least [0009], [0132]; [0108]-[0110], [0129], [0220], [0240], [0441]-[0442] various data collected by sensors are aggregated and stored in memory as charts, such data can then be recalled for display or transmission)
Regarding claim 14, the limitations are met by Panther in view of Bennett, where Panther teaches wherein the desired time period is configurable (intended use of the programing, where programming can be changed or set including time such as [0273], [0441]-[0442]).
Regarding claim 29, the limitations are met by Panther in view of Bennett, where Panther teaches wherein a second chart of the set of charts shows an indication of a heart rate variability parameter of the first user (see at least [0009], [0132]; [0108], [0109]-[0110] HRV data generation; [0220], [0240] various data collected by sensors are aggregated and stored in memory as charts, such data can then be recalled for display or transmission).
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Panther et al. (Panther, US 2014/0273858) in view of Bennett et al. (Bennett, US 2006/0094967) as applied to claim 29 above, and further in view of Deshmukh et al. (Deshmukh, US 2015/0271329).
Regarding claim 30, the limitations are met by Panther in view of Bennett, except the limitations of wherein the heart rate variability parameter is one of the following: heart rate variability coherence, a low frequency to high frequency ratio of power spectral density of the heart rate variability of the first user, or an indication of a kurtosis value of the heart rate variability of the first user are not directly taught.
Deshmukh teaches a related system for measuring bio-signals such as by PPG (see [0029]), and teaches that stress may be analyzed by commonly known HRV (see [0030]), and that power spectral measurements of LF/HF ratio can be used as a stress indicator (see [0031], and that LF/HF can be used to estimate HRV [0040]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine prior art elements according to known methods to yield predictable results of using LF/HF ratio as a metric to determine stress as is known in the art.
Claims 15, 21-26, 28, 31 are rejected under 35 U.S.C. 103 as being unpatentable over Panther et al. (Panther, US 2014/0273858) in view of Bennett et al. (Bennett, US 2006/0094967) and Gavish et al. (Gavish, US 6,662,032).
Regarding claim 15, Panther teaches a method of providing emotional conditioning of a subject, comprising:
obtaining measurements of physiological parameters related to a first user (see at least [0108]-[0110]);
tracking the first user emotional state by analyzing the measurements of the physiological parameters from the first user over a desired time period (see at least [0110] “In one example embodiment, the biometric monitoring device may include an optical sensor to detect, sense, sample and/or generate data that may be used to determine information representative of, for example, stress (or level thereof), blood pressure, and/or heart rate of a user. (See, for example, FIGS. 2A through 3C and 11A through KKG). In such embodiments, the biometric monitoring device may include an optical sensor having one or more light sources (LED, laser, etc.) to emit or output light into the user's body, as well as light detectors (photodiodes, phototransistors, etc.) to sample, measure and/or detect a response or reflection of such light from the user's body and provide data used to determine data that is representative of stress (or level thereof), blood pressure, and/or heart rate of a user (e.g., such as by using photoplethysmography).” [0129], [0101], [0134] track as desired when worn, [0270]);
continuously monitoring whether any of the measurements of the physiological parameters of the first user has changed (see at least [0243], [0270], [0351]-[0353]);
generating a set of charts associated with the desired time period that is representative of the measurements of the physiological parameters, wherein a first chart of the set of charts shows an indication of the stress level of the first user (see at least [0009], [0132]; [0108], [0110] “In one example embodiment, the biometric monitoring device may include an optical sensor to detect, sense, sample and/or generate data that may be used to determine information representative of, for example, stress (or level thereof), blood pressure, and/or heart rate of a user. (See, for example, FIGS. 2A through 3C and 11A through KKG). In such embodiments, the biometric monitoring device may include an optical sensor having one or more light sources (LED, laser, etc.) to emit or output light into the user's body, as well as light detectors (photodiodes, phototransistors, etc.) to sample, measure and/or detect a response or reflection of such light from the user's body and provide data used to determine data that is representative of stress (or level thereof), blood pressure, and/or heart rate of a user (e.g., such as by using photoplethysmography).” (emphasis added); [0220], [0240] various data collected by sensors are aggregated and stored in memory as charts, such data can then be recalled for display or transmission);
sending the set of charts to a telecommunication device associated with a second user (see at least [0009], [0132], [0277] data collected by sensors are transmitted to other device and/or server);
receiving an indication of which of the physiological parameters is to be altered by the first user to assist with managing stress (results of receiving data from second/remote device: see at least [0132], [0269], receive data from remote device, such as setting goals or limits).
generating a stimulation to assist the first user to alter the physiological parameters corresponding to the indication, wherein the stimulation indicates a set of breathing instructions reflecting the indication (see at least [0270] “Some embodiments of biometric monitoring devices of the present disclosure may be equipped with wireless and/or wired communication circuitry to display data on a secondary device in real time. For example, such biometric monitoring devices may be able to communicate with a mobile phone via Bluetooth Low Energy in order to give real-time feedback of heart rate, heart rate variability, and/or stress to the user. Such biometric monitoring devices may coach or grant "points" for the user to breathe in specific ways that alleviate stress (e.g. by taking slow, deep breaths). Stress may be quantified or evaluated through heart rate, heart rate variability, skin temperature, changes in motion-activity data and/or galvanic skin response.” [0311] apps include… stress meter, stress/relaxation biofeedback game (e.g., potentially in combination with a mobile phone that provides auditory and/or visual cues to train user breathing in relaxation exercises).
However, the limitations of the measurements of physiological parameters related to the first user comprising a pulse pressure of the first user, and wherein analyzing the measurements of the physiological parameters from the first user over the desired time period comprises determining a standard deviation of the pulse pressure of the first user, the receiving the indication is from the second user, and stress level is derived from the standard deviation of the pulse pressure of the first user are not directly taught.
Bennett teaches a related system for measuring physiological signals from sensors (see entire document, especially abstract, [0057]), and teaches a process for evaluating ANS status of individuals by averaging a number of different metrics, wherein the metrics can include standard deviation (STD) of pulse pressure (PP), which reasonably teaches the limitations the measurements of physiological parameters related to the first user comprising a pulse pressure of the first user, and wherein analyzing the measurements of the physiological parameters from the first user over the desired time period comprises determining a standard deviation of the pulse pressure of the first user, and stress level is derived from the standard deviation of the pulse pressure of the first user (see at least [0045] “At step 160, multiple ANS-influenced variables are derived from the sensed signal(s). Variable values determined at step 160 may be derived over any selected interval of time. For example variable values may be determined from a signal acquired over one or several cardiac cycles, minutes, hours, or even days. Thus, a derived variable value determined at step 160 may represent an average or other statistical aspect of a series of variable values, e.g. a PP variable may be an average or standard deviation of pulse pressure obtained over a predetermined time interval or number of cardiac cycles.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine prior art elements according to known methods to yield predictable results of using STDPP with other known different metrics representing stress in order to form an aggregate/average index to be able to monitor stress levels in a user.
While Panther discusses device operation and changes via interactions with a server in setting goals/alarms (see [0269]), there is no teaching that such is based on the second user. Gavish teaches a related system for monitoring user health (see title and abstract), and teaches that in addition to a server initiating control of device features a second user can perform the same tasks such as a case manager, which reasonably teaches the receiving the indication is from the second user (see at least col. 29 line 54- col. 30 line 7 “It will be appreciated that although many functions of device 120 are described with respect to the device operating in a stand-alone mode, particular advantages can nevertheless be obtained by transferring data and instructions, through a data port 140 of the device, to and from a remote server, as described hereinabove. Typically, device 120 accesses through the Internet a Web page maintained by the server, and displays on a screen 128 recommendations which are generated by the server or by a case manager who intermittently reviews data sent by device 120 to the server. The server or the case manager preferably analyzes the data to determine the efficacy of the therapy provided by device 120, to change operating settings of the device, and/or to identify the onset of a developing abnormal or dangerous condition of user 100. The data preferably comprise diagnostic variables measured by device 120, as well as data keyed-in by the user. Further preferably, the analysis includes a review of these data, of other treatments administered to the user (e.g., pharmaceutical treatments), as well as of the user's compliance with these treatments. Still further preferably, a report is periodically generated by the server, and is sent to the user's physician and/or to the user.”)”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine prior art elements according to known methods to yield predictable results of having a case manager adjust stimulation settings/goals/alarms in place of automatic setting by a server in order to allow for individualized setting that are appropriate for each user based on expert advice.
Regarding claims 21, the limitations are met by Panther in view of Bennett and Gavish, where Panther teaches wherein the indication includes a resting, mental stress test and/or recovery (see at least [0132], [0269], receive data from remote device, such as setting goals or limits; [0270] “Some embodiments of biometric monitoring devices of the present disclosure may be equipped with wireless and/or wired communication circuitry to display data on a secondary device in real time. For example, such biometric monitoring devices may be able to communicate with a mobile phone via Bluetooth Low Energy in order to give real-time feedback of heart rate, heart rate variability, and/or stress to the user. Such biometric monitoring devices may coach or grant "points" for the user to breathe in specific ways that alleviate stress (e.g. by taking slow, deep breaths). Stress may be quantified or evaluated through heart rate, heart rate variability, skin temperature, changes in motion-activity data and/or galvanic skin response.” [0311] apps include… stress meter, stress/relaxation biofeedback game (e.g., potentially in combination with a mobile phone that provides auditory and/or visual cues to train user breathing in relaxation exercises).
Regarding claims 22, the limitations are met by Panther in view of Bennett and Gavish, where Panther teaches wherein the set of charts having a resting, mental stress test and/or recovery (see at least [0131] resting HR or sleep data).
Regarding claims 23, the limitations are met by Panther in view of Bennett and Gavish, where Panther teaches wherein the set of charts further includes a trend displayable on a display unit (see at least [0133], [0208], [0220], [0240] data gathered is capable of claimed intended use).
Regarding claims 24, the limitations are met by Panther in view of Bennett and Gavish, where Panther teaches wherein the set of charts further includes a tracking of data over a time period representative of the first user (see at least [0208]-[0209], [0243], [0270], [0351]-[0353]).
Regarding claims 25, the limitations are met by Panther in view of Bennett and Gavish, where Panther teaches wherein the tracking of data is presented in textual or graphical format (see at least [0208]-[0209], [0243], [0270], [0351]-[0353]).
Regarding claims 26, the limitations are met by Panther in view of Bennett and Gavish, where Panther teaches wherein the stimulation comprises an audio output (see at least [0270] “Some embodiments of biometric monitoring devices of the present disclosure may be equipped with wireless and/or wired communication circuitry to display data on a secondary device in real time. For example, such biometric monitoring devices may be able to communicate with a mobile phone via Bluetooth Low Energy in order to give real-time feedback of heart rate, heart rate variability, and/or stress to the user. Such biometric monitoring devices may coach or grant "points" for the user to breathe in specific ways that alleviate stress (e.g. by taking slow, deep breaths). Stress may be quantified or evaluated through heart rate, heart rate variability, skin temperature, changes in motion-activity data and/or galvanic skin response.” [0311] apps include… stress meter, stress/relaxation biofeedback game (e.g., potentially in combination with a mobile phone that provides auditory and/or visual cues to train user breathing in relaxation exercises).
Regarding claims 28, the limitations are met by Panther in view of Bennett and Gavish, where Panther teaches wherein the stimulation comprises an alert to the first user for prolonged stress exposure (see at least [0270] Some embodiments of biometric monitoring devices of the present disclosure may be equipped with wireless and/or wired communication circuitry to display data on a secondary device in real time. For example, such biometric monitoring devices may be able to communicate with a mobile phone via Bluetooth Low Energy in order to give real-time feedback of heart rate, heart rate variability, and/or stress to the user. Such biometric monitoring devices may coach or grant "points" for the user to breathe in specific ways that alleviate stress (e.g. by taking slow, deep breaths). Stress may be quantified or evaluated through heart rate, heart rate variability, skin temperature, changes in motion-activity data and/or galvanic skin response.” [0311] apps include… stress meter, stress/relaxation biofeedback game (e.g., potentially in combination with a mobile phone that provides auditory and/or visual cues to train user breathing in relaxation exercises).
Regarding claim 31, the limitations are met by Panther in view of Bennett and Gavish, where Panther teaches wherein a second chart of the set of charts shows an indication of a heart rate variability parameter of the first user (see at least [0009], [0132]; [0108], [0109]-[0110] HRV data generation; [0220], [0240] various data collected by sensors are aggregated and stored in memory as charts, such data can then be recalled for display or transmission).
Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Panther et al. (Panther, US 2014/0273858) in view of Bennett et al. (Bennett, US 2006/0094967) and Gavish et al. (Gavish, US 6,662,032) as applied to claim 31 above, and further in view of Deshmukh et al. (Deshmukh, US 2015/0271329).
Regarding claim 32, the limitations are met by Panther in view of Bennett and Gavish, except the limitations of wherein the heart rate variability parameter is one of the following: heart rate variability coherence, a low frequency to high frequency ratio of power spectral density of the heart rate variability of the first user, or an indication of a kurtosis value of the heart rate variability of the first user are not directly taught.
Deshmukh teaches a related system for measuring bio-signals such as by PPG (see [0029]), and teaches that stress may be analyzed by commonly known HRV (see [0030]), and that power spectral measurements of LF/HF ratio can be used as a stress indicator (see [0031], and that LF/HF can be used to estimate HRV [0040]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine prior art elements according to known methods to yield predictable results of using LF/HF ratio as a metric to determine stress as is known in the art.
Response to Arguments
The examiner acknowledges applicant’s submission of amendments to the claims filed 9/9/2025.
Applicant’s arguments regarding the rejections of the claims under 35 U.S.C. 101 have been fully considered and the amendments are sufficient to overcome the rejections as being more likely patent eligible than not with such scope being claimed; the rejections are withdrawn.
Applicant’s arguments regarding the rejections of the claims in view of prior art have been fully considered but are not persuasive. Applicant argues that the combination does not teach that the set of charts generated include stress level derived from the standard deviation of pulse pressure. The examiner respectfully disagrees. Panther clearly teaches measuring multiple parameters, and each parameter aggregated constitutes a chart set of the specific data whether individually or combined or processed, which is stored and then can be recalled to generate such data for transmission or display which reasonably teaches the claimed features as Bennet teaches such derivation of stress level by using, at least partly, standard deviation of pulse pressure, which is known to be related to stress. The rejections are respectfully maintained as updated above to account for the amendments to the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2003/0078505 teaches a related system for measuring bio-signals, and teaches that LF/HF ratio is a parameter known to be used to measure emotional state. US 2009/0099424 teaches a monitor which plots pulse pressure variance from mean.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL R BLOCH whose telephone number is (571)270-3252. The examiner can normally be reached M-F 11-8 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert (Tse) Chen can be reached at (571)272-3672. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL R BLOCH/Primary Examiner, Art Unit 3791