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 .
Status of Claims
The amendments and remarks filed on 02APR2026 have been entered and considered.
Claims 1-4, 6, 8-15, 17, & 19-22 are currently pending.
Claim 1, 3-4, 10-11, 14-15 has been amended.
Claims 23-24 have been added.
Therefore, claims 1-4, 6, 8-15, 17, & 19-24 are under examination.
Response to Arguments
Applicant's amendments filed 02APR2026 regarding the claim objections have been fully considered and have been found to obviate the objection. Therefore, the claim objection has been withdrawn.
Applicant's arguments filed 02APR2026 regarding the rejections under 35 USC 112(a) have been fully considered and have been found to obviate the rejection. Therefore, the 112(a) rejection has been withdrawn.
Applicant's arguments filed 02APR2026 regarding the rejections under 35 USC 112(b) have been fully considered and have been fully considered and have been found to obviate the rejection. Therefore, the 112(b) rejection has been withdrawn.
Applicant's arguments/amendments filed 02APR2026 regarding the rejections under 35 USC 101 have been fully considered and have been found to be persuasive. Therefore, the 101 rejections have been withdrawn.
Applicant' s arguments with respect to claim(s) 3 and 14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed 02APR2026 regarding the rejections under 35 USC 103 have been fully considered and have been found to be not persuasive. Parts deemed not persuasive discussed below:
Regarding Claim 1, Applicant states (see Pages 16-21 of the Remarks):
FIG. 12 of Jia (reproduced below) shows that the HB-Phone prototype was attached to a board as shown in image (b) of FIG. 12, and the board was inserted between mattresses as shown in image (a) of FIG. 12. Jia does not disclose or suggest that the sensor was coupled to the bed frame structure, much less coupled to the bed frame structure on a side opposite the mattress.
However, the examiner is not persuaded because having the sensor wedged between a mattress and secondary mattress would still read on the mattress limitation as the sensor is positioned below a mattress in Jia Figure 12. Further, Figure 4 additionally shows the sensor coupled to the bedframe structure as being underneath the mattress. The examiner maintains that this reads on the limitation as well since the limitation does not define the details regarding the coupling of the sensor to the bedframe other than being below the mattress.
Para. 0054 of Sato recites that: While Sato discloses that the signals generated by the sensor pass through the band-pass filter 10 and are displayed on the monitor 14, Sato does not teach or suggest that the monitor 14 is a computing device or that the filters 10 are implanted in a computing device as alleged by the Office Action. In fact, the language of Sato ("the waveforms of the signals which have passed through respective band-pass filters") implies that the filters are analog filters which do not need a computing device to run.
However, the examiner maintains that Sato ¶0054 Shows that the device has a computing device (i.e. the filters (10) need to be implanted in a computing device to run) which displays processed data after collection and processing. The filters as a component may be an analog piece but the use of them in Sato shows that the system has a computing system such that the analog signals are processed and displayed digitally such as in Figure 1 of Sato, further showing component 120 where it is shown that data is being processed, or component 140 where the data is displayed.
Sato does not disclose or suggest determining the posture of the subject, where the posture is an actual body position of the subject when lying on the mattress supported by the bed frame structure.The addition of Halperin does not cure the deficiency of the rejection. However, while Halperin discloses that the control unit is configured to detect a change in posture of the subject (para. 0124), Halperin does not disclose or suggest determining posture of the subject on the mattress, where the posture is the actual body position of the subject when lying on the mattress.
The examiner maintains that Halperin teaches the posture limitation where “the posture of the subject the posture being an actual body position of the subject when lying on the mattress” (Halperin ¶0724 “The amplitude of the signal captured by the pressure sensor is proportional to the subject's weight (hereinbelow, the "weight signal"), and also depends on the subject's location and posture with respect to the sensor. The amplitude of the heart beat related signal captured by the vibration sensor (hereinbelow, the "heartbeat signal") depends on the subject's posture and position as well as the strength of the cardioballistic effect. As fluids build up in the body, the subject's weight increases and the cardioballistic effect is reduced”; ¶0725 “In an embodiment of the present invention, sensor 30 is placed under an area of the subject's legs. In this area body mass increases during events of edema, resulting in a reduced cardioballistic effect and an increased pressure due to body weight. Pattern analysis module 16 monitors a ratio of the weight signal to the heartbeat signal, and calculates a baseline value for the ratio. Upon detecting an increase in the ratio above baseline, which may indicate the onset of edema, system 10 notifies the subject and/or a healthcare professional, and/or integrates the change into the clinical score calculated by system 10. In an embodiment, the system averages this signal over a substantial portion of the night, such as in order to minimize the effects of a specific body posture and/or position.”)
Regarding Claim 11, Applicant states (see Pages 24-27 of the Remarks):
Applicant respectfully disagrees. FIG. 12 (reproduced below) shows that the HB-Phone prototype was attached to a board as shown in image (b) of FIG. 12, and the board was inserted between mattresses as shown in image (a) of FIG. 12. Jia does not disclose or suggest that the sensor was coupled to the bed frame structure, much less coupled to the bed frame structure on a side opposite the mattress.
The examiner maintains that the references teach the limitations as argued similar to that of claim 1 above.
Furthermore, while Sato discloses that the signals generated by the sensor pass through the band-pass filter 10 and are displayed on the monitor 14 (para. 0054), Sato does not teach or suggest that the monitor 14 is a computing device or that the filters 10 are implanted in a computing device as alleged by the Office Action. In fact, the language of Sato ("the waveforms of the signals which have passed through respective band-pass filters") implies that the filters are analog filters which do not need a computing device to run. The addition of Halperin and Jia does not cure the deficiency of the rejection, nor does the Office Action rely on Halperin and/or Jia to teach or suggest these features.
The examiner maintains that the references teach the limitations as argued similar to that of claim 1 above.
In addition, while Sato teaches that the mute signal 18 indicates when the body of a subject moves out of the detectable area, Sato does not disclose or suggest determining the posture of the subject, where the posture is an actual body position of the subject when lying on the mattress supported by the bed frame structure. The addition of Halperin does not cure the deficiency of the rejection. The Office Action alleges (pp. 24-25) that "Halperin in a similar field of patient monitoring teaches detecting an event associated with the subject based upon the heart rate, the respiratory rate (Halperin 0613 'In an embodiment of the present invention, system 10 is configured to monitor multiple clinical parameters of subject 12, such as respiration rate, heart rate, cough occurrence, body movement, deep inspirations, and/or expiration/inspiration ratio. Pattern analysis module 16 is configured to analyze the respective patterns in order to identify a change in the baseline pattern of the clinical parameters.'), posture of the subject (Halperin 0480 'detect a plurality of postures of the subject by analyzing the motion signal at a respective plurality of points in time'; 0124 'In an embodiment, the control unit is configured to detect a change in posture of the subject')." However, while Halperin discloses that the control unit is configured to detect a change in posture of the subject (para. 0124), Halperin does not disclose or suggest determining posture of the subject on the mattress, where the posture is the actual body position of the subject when lying on the mattress. The addition of Jia does not cure the deficiency of the rejection, nor does the Office Action rely on Jia to teach or suggest the feature. Thus, Sato in view of Halperin and Jia does not disclose, teach, or suggest "analyzing, via the at least one computing device, the real- time seismic sensor data to determine continuous and real-time measurements including a heart rate, a respiratory rate, a movement and a posture of the subject supported by the bed frame structure, the posture being an actual body position of the subject lying on the mattress," as recited in amended claim 11.
The examiner maintains that the references teach the limitations as argued similar to that of claim 1 above.
Regarding Claims 4 & 15, Applicant states (see Pages 29-31 of the Remarks):
Para. 0106 of Larson recites that: There are other instances when a patient's vital signs are affected by position. For example, when patients with CHF lie flat they can develop respiratory distress that manifests as an increased respiratory rate. Similarly, patients with morbid obesity or obstructive sleep apnea can develop respiratory distress when they lie flat (the extra weight due to fat around the chest and neck can increase the work of breathing) and these patient's breathing patterns can change based on the postural changes. In one implementation, an accelerometer placed on the patient can measure both the patient's position/orientation and respiratory rate. When the sensing system detects changes in respiratory rate that are associated with changes in position/orientation, caregivers can be notified and further workup initiated. (Emphasis added).While Larson discloses a sensor on the patient that measures both position/orientation and respiratory rate, Larson does not teach or suggest extracting an instantaneous amplitude of respiration from seismic sensor data or detecting a posture of the patient according to the instantaneous amplitude of respiration. Rather, the position/orientation is simply measured directly.
However, the examiner is not persuaded because Larson establishes the relationship between posture changes and it’s affects on biometric data. The examiner maintains that the instantaneous amplitude of respiration at the broadest reasonable interpretation is a amplitude representing respiration at any given moment. Further, the limitation is not positively recited such that the device is extracting the instantaneous amplitudes for respiration . The limitations amount to only identifying a posture of the subject according to the amplitudes from seismic data. Under the broadest reasonable interpretation, the examiner maintains that since the relationship has been established in the reference, the computing device is already identifying postures for any given instantaneous amplitudes.
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 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.
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.
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, 8-13, 17, & 19-24 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (US Publication Number 20090054792; Previously Cited) in view of Halperin et al. (US Publication Number 20120132211; Previously Cited), and Jia et al. (Z. Jia et al., "HB-Phone: A Bed-Mounted Geophone-Based Heartbeat Monitoring System," 2016 15th ACM/IEEE International Conference on Information Processing in Sensor Networks (IPSN), Vienna, Austria, 2016, pp. 1-12, doi: 10.1109/IPSN.2016.7460676; Previously Cited).
Regarding claims 1 & 11, Sato discloses a system and method for monitoring a plurality of characteristics of a subject based on vibration signals of a structure supporting the subject, the system comprising: a sensor coupled to the structure supporting the subject (Sato Abstract “Heartbeat/respiration sensor 4 comprises flexible vibration transmitting plate 1 formed with a plurality of air vents 3, and piezoelectric transducer 2 mounted on vibration transmitting plate 1.”; ¶0055 “For example, with heartbeat/respiration sensor 4 placed below the body of a subject at bedtime, the subject can be monitored for heart rate and respiration rate, and simple analysis can be made on the subject's sleeping state and sleeping pattern”; ¶0060 “As further applications, heartbeat/respiration sensor 4 can be attached to a driver's seat in a variety of traveling means (car, train, aircraft and the like) to monitor the driver for a health condition, or heartbeat/respiration sensor 4 can be attached to the back of a patient chair in the examination room of a hospital to examine the patient without requiring the patient to take off clothes.” Which shows the sensors can be attached to furniture); where the sensor is a seismometer sensor configured to sense vibration of the structure (Sato ¶0020 “Also, since the piezoelectric transducer is sensitive enough to detect not only pressure and vibrations but also sound, the heartbeat/respiration sensor can sufficiently detect the heartbeat and respiration even when it is encased in the cover and placed below the body of the newborn infant.”; ¶0050); analyze the real time seismic sensor data in real time to determine continuous and real-time measurements of the plurality of characteristics of the subject, the plurality of characteristics comprising a heart rate, a respiratory rate (Sato ¶0034 “IG. 10 is a block diagram illustrating a body monitor which enables a heart rate, respiration rate and the like to be monitored based on a signal generated by the heartbeat/respiration sensor”; ¶0055; ¶0050), a movement of the subject (Sato ¶0057 “Mute signal 18 indicates that the body of the subject has largely moved out of the detectable area of heartbeat/respiration sensor 4, in which case it is thought that the subject has fallen down from the bed, or has left the bed and is moving about.”), at least one computing device in data communication with the sensor; and an application executable in the at least one computing device; generating a user interface comprising a display of the determined continuous and real time measurements of the plurality of characteristics and rendering the user interface via a display the determined continuous and real-time measurements displayed in the user interface (Sato Figure 10; ¶0054 “Therefore, when the signal (FIG. 11(a)) generated from heartbeat/respiration sensor 4 passes through band-pass filter 9, a cardiac sound signal (FIG. 11(b)) is separated therefrom, and when the signal passes through band-pass filter 10, a respiration signal (FIG. 11(c)) is separated therefrom. Monitor 14 displays the waveforms of these cardiac sound signal and respiration signal, together with the heart rate and respiration rate per unit time, derived from these waveforms. Since I-sound and II-sound can be clearly observed according to this cardiac sound signal, the body monitor can be applied to medical research through analysis of cardiac functions.” Showing that the device has a computing device (i.e. the filters (10) need to be implanted in a computing device to run) which displays processed data after collection and processing.).
Sato does not discloses detecting an event associated with the subject based upon the continuous and real-time measurements including the determined heart rate, respiratory rate, posture of the subject the posture of the subject the posture being an actual body position of the subject when lying on the mattress, and movement of the subject; and generate an alert based upon the detected event, the generated alert initiating response to the detected event; the device further instructed to obtain real-time seismic sensor data from the sensor associated with the vibration of the bedframe structure from the sensor. Halperin in a similar field of patient monitoring teaches detecting an event associated with the subject based upon the determined continuous and real-time measurements including the heart rate, respiratory rate (Halperin ¶0613 “ In an embodiment of the present invention, system 10 is configured to monitor multiple clinical parameters of subject 12, such as respiration rate, heart rate, cough occurrence, body movement, deep inspirations, and/or expiration/inspiration ratio. Pattern analysis module 16 is configured to analyze the respective patterns in order to identify a change in the baseline pattern of the clinical parameters.”), posture of the subject (Halperin ¶0480 “detect a plurality of postures of the subject by analyzing the motion signal at a respective plurality of points in time”; ¶0124 “In an embodiment, the control unit is configured to detect a change in posture of the subject”), the posture of the subject the posture being an actual body position of the subject when lying on the mattress (Halperin ¶0724 “The amplitude of the signal captured by the pressure sensor is proportional to the subject's weight (hereinbelow, the "weight signal"), and also depends on the subject's location and posture with respect to the sensor. The amplitude of the heart beat related signal captured by the vibration sensor (hereinbelow, the "heartbeat signal") depends on the subject's posture and position as well as the strength of the cardioballistic effect. As fluids build up in the body, the subject's weight increases and the cardioballistic effect is reduced”; ¶0725 “In an embodiment of the present invention, sensor 30 is placed under an area of the subject's legs. In this area body mass increases during events of edema, resulting in a reduced cardioballistic effect and an increased pressure due to body weight. Pattern analysis module 16 monitors a ratio of the weight signal to the heartbeat signal, and calculates a baseline value for the ratio. Upon detecting an increase in the ratio above baseline, which may indicate the onset of edema, system 10 notifies the subject and/or a healthcare professional, and/or integrates the change into the clinical score calculated by system 10. In an embodiment, the system averages this signal over a substantial portion of the night, such as in order to minimize the effects of a specific body posture and/or position.”);and movement of the subject (Halperin ¶0613 “ In an embodiment of the present invention, system 10 is configured to monitor multiple clinical parameters of subject 12, such as respiration rate, heart rate, cough occurrence, body movement, deep inspirations, and/or expiration/inspiration ratio. Pattern analysis module 16 is configured to analyze the respective patterns in order to identify a change in the baseline pattern of the clinical parameters.”); and generate an alert based upon the detected event, the generated alert initiating response to the detected event (Halperin ¶0740 “In addition, the system continuously calculates the ratios of the signals detected by the different sensors and alerts upon a significant change in these ratios.”; ¶0699 “Upon detection of respiratory depression, the system records the event and optionally generates an alarm via user interface module 24. For some applications, the system is used for monitoring post-operative subjects, or subjects who have been treated with opioids, barbiturates, or other pain-relief drugs. In some instances, the use of such a monitoring system to detect and alarm upon respiratory depression enables the clinician to use such drugs where otherwise they would not be used”); the device further instructed to obtain real-time seismic sensor data from the sensor associated with the vibration of the sensor (Halperin ¶0789 “In an embodiment of the present invention, system 10 identifies the start of the large body movement event by detecting the initial movement phase, and the end of the movement event when the movement phase concludes. For some applications, the system performs real-time signal analysis by evaluating sliding overlapping windows”; ¶0796 showing the movement is detected based on vibration sensing.). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to configure a noninvasive system for monitoring patient vitals as disclosed by Sato with detecting an event associated with the subject based upon the determined continuous and real-time measurements including the heart rate, respiratory rate, posture of the subject the posture of the subject the posture being an actual body position of the subject when lying on the mattress, and movement of the subject; and generate an alert based upon the detected event, the generated alert initiating response to the detected event; the device further instructed to obtain real-time seismic sensor data from the sensor associated with the vibration of the bedframe structure from the sensor as taught by Halperin. The motivation to integrate the technology of Halperin with Sato was to configure a noninvasive system for monitoring a patient’s vitals noninvasively while additionally being able to have a smart system for event detection based on these recorded vitals with the added benefit of user accessibility. This is helpful for the practitioners as the system can be equipped to automatically detect a physiological event that would need intervention or special notice and recording, as the practitioners may not be around when such occurs to catch such an event (Sato ¶0022), where the practitioner may access this data remotely from a system.
Sato in view of Halperin further does not teach a seismometer that is attached to a bedframe structure supporting the patient coupled to a side of the bed frame structure opposite the mattress. Jia in a similar field of patient monitoring teaches a seismometer that is attached to a bedframe structure supporting the patient coupled to a side of the bed frame structure opposite the mattress (Jia Figure 4 Showing the attachment of the seismometer to the bedframe structure that the patient will use.; Introduction Paragraph 3 “Our solution involves the use of a commercial off-the-shelf analog geophone under the mattress to detect and monitor the user's heartbeats during sleep. Just like a geophone can detect pressure waves (i.e. “sounds”) in the earth (e.g., [27], [24]) our system can detect the sounds of heartbeats that are propagated through a mattress. Therefore, we refer to our system as heartbeat-phone, or HB-Phone in short.”). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to configure a noninvasive system for monitoring patient vitals as disclosed by Sato and Halperin with a seismometer that is attached to a bedframe structure supporting the patient coupled to a side of the bed frame structure opposite the mattress, as taught by Jia for the purposes of creating a noninvasive system such that the sensors are not disturbing the patient while sleeping (Jia Introduction Paragraph 3).
Regarding claim 12, Sato combined with Halperin and Jia teaches the limitations of claim 11. Neither Sato or Jia teaches updating the user interface to include at least one of: an updated heart rate an updated respiratory rate , and an updated movement detection, an updated alert or an updated postureHalperin further teaches updating the user interface to include at least one of: an updated heart rate (Halperin ¶0670 “Module 16 calculates an amplitude of the change in the blood pressure change signal over a full inspiration/expiration cycle, and compares the amplitude to a threshold, such as 10 mmHg, or to a baseline value, either previously measured for the subject or based on a population average. Module 16 interprets amplitudes greater than the threshold as indicative of pulsus paradoxus.”), an updated respiratory rate (Halperin ¶0608 “For example, in order to identify the slow change in average respiration rate in sleep for a child caused by growth, the system calculates a monthly average of the respiration rate during sleep. System 10 then calculates the rate of change in average respiration rate from one month to the next month, and displays this rate of change to the subject, subject's parent, or healthcare professional.”), an updated movement detection, an updated alert or an updated posture. (Halperin ¶0741). The motivation to integrate the technology of Halperin into the invention of Sato, Halperin, and Jia as modified was to configure a noninvasive system for monitoring a patient’s vitals noninvasively while additionally being able to have a smart system for event detection based on these recorded vitals. This is helpful for the practitioners as the system can be equipped to automatically detect a physiological event and where the practitioner may access this data remotely from a system to be alerted to such an event (Sato ¶0022; ¶0012). By updating the monitoring displays frequently, the practitioner is able to remain up to date on the current status of the patient.
Regarding claims 2 & 13, Sato combined with Halperin and Jia teaches the limitations of claims 1&11. Neither Sato, or Jia teaches wherein when executed, the application further causes the at least one computing device to at least determine the heart rate based at least in part on a local maxima statistics method. Halperin further teaches wherein, when executed, the application further causes the at least one computing device to at least determine the heart rate based at least in part on a local maxima statistics method (Halperin ¶0670 “Alternatively, for some applications, the module identifies the peaks in the heartbeat signals, and calculates time differences between the signal peaks”). The motivation to integrate the technology of Halperin into the invention of Sato, Halperin, and Jia as modified was to configure a noninvasive system for monitoring a patient’s vitals noninvasively while additionally being able to have a smart system for event detection based on these recorded vitals (Sato ¶0012). The additional parameters of determining heart rates based on local maxima statistics give the invention a threshold for calculations to help regulate the monitoring capabilities.
Regarding claims 6 & 17, Sato combined with Halperin and Jia teaches the limitations of claims 1 & 11. Neither Sato or Jia teaches wherein the event comprises at least one of a fall of the subject, the heart rate being outside a predefined range, the respiratory rate being outside a predefined range, or a change in the posture. Halperin further teaches wherein the event comprises at least one of the heart rate being outside a predefined range, the respiratory rate being outside a predefined range (Halperin ¶0492 “In an embodiment, the clinical parameter is heart rate or respiration rate.”; ¶0692 “System 10 identifies changes in vital signs (e.g. increase in heart rate and respiration rate or reduction in sleep quality) that indicate that a subject may need dialysis treatment or other intervention.”; ¶0844 “system 10 combines two or more changes in clinical parameters. For example, the system may sum the percentage change in representative value of the heart rate and respiration rate over the last 10 minutes, and compare the sum to a threshold. The system generates an alarm upon finding that the sum is greater than the threshold.”), or a change in the posture (Halperin ¶0124 “In an embodiment, the control unit is configured to detect a change in posture of the subject”). The motivation to integrate the technology of Halperin into the invention of Sato, Halperin, and Jia as modified was to configure a noninvasive system for monitoring a patient’s vitals while additionally being able to have a smart system for event detection based on these recorded vitals and changes outside of a threshold to indicate the events occurring. This is helpful for the practitioners as the system can be equipped to automatically detect a physiological event outside of a normal and expected variation, and where the practitioner may access this data remotely from a system to be alerted to such an event, or actively notified when an event occurs (Sato ¶0022; ¶0012).
Regarding claims 8 & 19, Sato combined with Halperin and Jia teaches the limitations of claims 1 & 11. Neither Sato or Halperin teaches wherein the alert is at least one of an auditory or visual alert. Halperin further teaches wherein the alert is at least one of an auditory or visual alert (Halperin ¶0699 “Upon detection of respiratory depression, the system records the event and optionally generates an alarm via user interface module 24.”; ¶0797 “For some applications, upon receiving the message, the wireless communication device sounds an audible alert, e.g., including an automatically generated voice message that includes the subject's name or number, room number, and/or alert type.”; ¶0618 “Alternatively, user interface 24 provides a visual or audio indication of the taps, and the healthcare worker verifies that his or her taps are correctly displayed before approving the pairing of the sensor to the control unit.”). The motivation to integrate the technology of Halperin into the invention of Sato, Halperin, and Jia as modified was to configure a noninvasive system for monitoring a patient’s vitals noninvasively while additionally being able to have a smart system for event detection based on these recorded vitals. This is helpful for the practitioners as the system can be equipped to automatically detect a physiological event (Sato ¶0022; ¶0012) and where the practitioner may access this data remotely from a system to be alerted to such an event, or actively notified when an event occurs with the use of auditory and visual signals to grab their attention (Halperin ¶0745).
Regarding claims 9 & 20, Sato combined with Halperin and Jia teaches the limitations of claims 1 & 11. Neither Sato or Jia teaches wherein the at least one computing device is in communication with a smart device configured to communicate with a third party, and generating the alert further comprises instructing the smart device to send a communication with the third party. Halperin further teaches wherein the at least one computing device is in communication with a smart device configured to communicate with a third party, and generating the alert further comprises instructing the smart device to send a communication with the third party (Halperin ¶0599 “User interface 24 typically comprises a dedicated display unit, such as an LCD or CRT monitor. Alternatively or additionally, the user interface 24 comprises a wireless or wired communication port for relaying the acquired raw data and/or processed data to a remote site for further analysis, interpretation, expert review, and/or clinical follow-up. For example, the data may be transferred over a telephone line, and/or over the Internet or another wide-area network, either wirelessly or via wires.”; ¶0672; ¶0797 “For some applications, upon receiving the message, the wireless communication device sounds an audible alert, e.g., including an automatically generated voice message that includes the subject's name or number, room number, and/or alert type.”; ¶0618 “Alternatively, user interface 24 provides a visual or audio indication of the taps, and the healthcare worker verifies that his or her taps are correctly displayed before approving the pairing of the sensor to the control unit.”). The motivation to integrate the technology of Halperin into the invention of Sato, Halperin, and Jia as modified was to configure a noninvasive system for monitoring a patient’s vitals noninvasively while additionally being able to have a smart system for event detection based on these recorded vitals. This is helpful for the practitioners as the system can be equipped to automatically detect a physiological event and where the practitioner may access this data remotely from a system to be alerted to such an event, or actively notified when an event occurs (Sato ¶0022; ¶0012) (Halperin ¶0745).
Regarding claim 10, Sato combined with Halperin and Jia teaches the limitations of claim 1. Sato further discloses wherein the sensor is not in direct contact with the subject when in use. (Sato ¶0014 “Also, since the heartbeat/respiration sensor of the present invention is configured such that the vibration transmitting plate receives the vital signal emitted from the subject, the heartbeat/respiration sensor need not be necessarily installed and used on a rigid base, unlike the conventional sensor seat and the like. Therefore, the heartbeat/respiration sensor can highly sensitively detect the vital signal even if it is installed on a soft comforter, or even it is wrapped with a towel or the like, or even the subject remains with his/her clothes on.”; ¶0060 “As further applications, heartbeat/respiration sensor 4 can be attached to a driver's seat in a variety of traveling means (car, train, aircraft and the like) to monitor the driver for a health condition, or heartbeat/respiration sensor 4 can be attached to the back of a patient chair in the examination room of a hospital to examine the patient without requiring the patient to take off clothes.”).
Regarding Claims 21-22, Sato combined with Halperin and Jia teaches the limitations of claims 11 & 1. Neither Sato or Halperin teaches wherein the seismometer sensor is a geophone. Jia further teaches wherein the seismometer sensor is a geophone (Jia Abstract.). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to configure a noninvasive system for monitoring patient vitals as disclosed by Sato, Halperin, and Jia with wherein the seismometer sensor is a geophone, as taught by Jia for the purposes of creating a system with reduced noise detection.
Regarding Claims 23-24, Sato combined with Halperin and Jia teaches the limitations of claims 1 & 11. Neither Sato or Jia teach wherein the posture is identified as right, left, back or chest. Halperin teaches wherein the posture can be traced based on the sensor signals to identify posture of the patient (Halperin ¶0724 “The amplitude of the signal captured by the pressure sensor is proportional to the subject's weight (hereinbelow, the "weight signal"), and also depends on the subject's location and posture with respect to the sensor. The amplitude of the heart beat related signal captured by the vibration sensor (hereinbelow, the "heartbeat signal") depends on the subject's posture and position as well as the strength of the cardioballistic effect. As fluids build up in the body, the subject's weight increases and the cardioballistic effect is reduced”; ¶0725 “Pattern analysis module 16 monitors a ratio of the weight signal to the heartbeat signal, and calculates a baseline value for the ratio. Upon detecting an increase in the ratio above baseline, which may indicate the onset of edema, system 10 notifies the subject and/or a healthcare professional, and/or integrates the change into the clinical score calculated by system 10. In an embodiment, the system averages this signal over a substantial portion of the night, such as in order to minimize the effects of a specific body posture and/or position.”). Halperin does not explicitly disclose where the posture is identified as right, left, back or chest. One of ordinary skill in the art would understand that detecting patterns in signal data as a function of patient weight can be indicative of certain posture positions since Halperin has established in ¶0724-¶0725 that patterns for the sleeping user can be detected and addressed. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to configure a noninvasive system for monitoring patient vitals as disclosed by Sato in combinations with Halperin and Jia with posture can be traced based on the sensor signals to identify posture of the patient, as taught by Halperin. The motivation to integrate the technology of Halperin with Sato, Halperin, and Jia was to configure a noninvasive system for monitoring a patient’s vitals where the system can be equipped to automatically detect a physiological event that would need intervention or special notice and recording, as the practitioners may not be around when such occurs to catch such an event (Sato ¶0022).
Claims 3 & 14 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (US Publication Number 20090054792; Previously Cited) in view of Halperin et al. (US Publication Number 20120132211; Previously Cited), and Jia et al. (Z. Jia et al., "HB-Phone: A Bed-Mounted Geophone-Based Heartbeat Monitoring System," 2016 15th ACM/IEEE International Conference on Information Processing in Sensor Networks (IPSN), Vienna, Austria, 2016, pp. 1-12, doi: 10.1109/IPSN.2016.7460676; Previously Cited) as applied to claims 1 and 11 above, and further in view of Li et al “Nonintrusive and non-contact sleep monitopring with seismometer” 2018 IEEE global conference in signal and information processing.
Regarding claims 3 & 14, Sato combined with Halperin and Jia teaches the limitations of claims 1 & 11. Neither Sato, Halperin, or Jia disclose wherein the application further causes the at least one computing device to at least determine the respiratory rate by estimating an amplitude, frequency, and phase associated with the real-time seismic sensor data. Li in a similar field of endeavor teaches wherein the application further causes at least one computing device to at least determine the respiratory rate by estimating an amplitude, frequency, and phase associated with the real-time seismic sensor data (Li Pages 449-453; Page 450 Section 2.2).
The motivation to integrate the technology of Li into the invention of Sato, Halperin, and Jia as modified would be to configure the system to determine respiratory rate from seismic sensor data using instantaneous amplitude, frequency, and phase information to provide a more robust and stable technique for respirator rate estimation. Li specifically teaches that the seismometer is attached to a bed frame structure, and the seismic data is processed in real time.
Claims 4 & 15 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (US Publication Number 20090054792; Previously Cited) in view of Halperin et al. (US Publication Number 20120132211; Previously Cited), Jia et al. (Z. Jia et al., "HB-Phone: A Bed-Mounted Geophone-Based Heartbeat Monitoring System," 2016 15th ACM/IEEE International Conference on Information Processing in Sensor Networks (IPSN), Vienna, Austria, 2016, pp. 1-12, doi: 10.1109/IPSN.2016.7460676.; Previously Cited) as applied to claims 1 and 11 above, and further in view of Larson et al (US Publication No. 20110263950; Previously Cited)
Regarding claims 4 & 15, Sato in combination with Halperin and Jia discloses the limitations of claims 1 & 11 but does not disclose wherein the application further causes the at least one computing device to at least detect the posture of the subject according to an instantaneous amplitude of respiration extracted from the real time sensor data. Larson in a similar field of endeavor teaches wherein a posture of the subject is determined according to an instantaneous amplitude of respiration extracted from the real time sensor data (Larson ¶0106 “Similarly, patients with morbid obesity or obstructive sleep apnea can develop respiratory distress when they lie flat (the extra weight due to fat around the chest and neck can increase the work of breathing) and these patient's breathing patterns can change based on the postural changes.” Where the instantaneous amplitude of respiration at the broadest reasonable interpretation is a amplitude representing respiration at any given moment). Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to configure a noninvasive system for monitoring patient vitals as disclosed by Sato, Halperin, and Jia with wherein a posture of the subject is determined according to an instantaneous amplitude of respiration extracted from the real time sensor data, as taught by Larson for the purposes of increased patient monitoring personalization.
Conclusion
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/MEGAN T FEDORKY/
Examiner, Art Unit 3796
/UNSU JUNG/Supervisory Patent Examiner, Art Unit 3792
