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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sundaram et al., (US 20190029566; hereinafter Sundaram) in view of Rapp et al., (US 20170100300; hereinafter Rapp).
Regarding claim 1, Sundaram (Figures 3-4b, 6, and 8) discloses a computing system (600) comprising: one or more processors (610); and one or more computer-readable storage media (620) having stored thereon computer-executable instructions that are executable by the one or more processors (610) to cause the computing system (600) to process generated sensor data of a mobile deep vein thrombosis (DVT) device (such as device 310+320 shown in Figure 4k), ([0074]-[0080]), the computer-executable instructions including instructions that are executable to cause the computing system (600) to perform at least the following: identify use of the mobile DVT device corresponding to a user ([0086]: Figure 8, step 810: use of the mobile DVT device is identified through movement sensing); generate sensor data associated with the user's identified use of the mobile DVT device ([0086]: Figure 8, step 820), wherein at least some of the generated sensor data comprises ambulation data associated with a duration of ambulation during use of the mobile DVT device by the user ([0062], [0086]: movement/ambulation data is represented by orientation/motion measurements); process a protocol associated with ambulation during use of the mobile DVT device ([0086]-[0088]: Figure 8, steps 810-820); correlate the generated ambulation data and the protocol associated with ambulation during use of the mobile DVT device ([0086]-[0088]: Figure 8, step 820); and based on correlating the generated ambulation data and the protocol, generate an alert associated with the generated ambulation data and the protocol ([0086]-[0089]: Figure 8, step 830); wherein use of the mobile DVT device is determined from the mobile DVT device being in an operative state and from skin temperature data from a temperature sensor indicating that the mobile DVT device is being worn by the user ([0062]: the mobile DVT must be in an operative state in order to obtain the appropriate measurements to determine use of the mobile DVT device, wherein a temperature sensor may be used in order to determine use of the mobile DVT device).
Sundaram fails to disclose that the mobile DVT device provides intermittent compression. However, Rapp (Figure 18) teaches a mobile device (550) which may be used for the prevention of DVT ([0038], [0126]), wherein the mobile DVT device (550) provides intermittent compression ([0125]: Rapp teaches that activation of the strap/compression may be serial, sequential, or intermittent in nature). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sundaram to include the mobile DVT device providing intermittent compression, as taught by Rapp, because the modification would provide an automatic compression function to prevent too tight or too loose fitting in order to maximize user compliance rates (Rapp; [0126]), effectively combining diagnostic and treatment functions into one device for easy use.
Regarding claim 2, Sundaram (Figures 3-4b, 6, and 8) further discloses wherein the generated sensor data also includes use data associated with a duration of use of the mobile DVT device by the user ([0053]: measurements are tracked over time and changes are analyzed).
Regarding claim 3, Sundaram (Figures 3-4b, 6, and 8) further discloses wherein the generated sensor data also includes skin temperature data ([0062]).
Regarding claim 4, Sundaram (Figures 3-4b, 6, and 8) further discloses wherein the protocol is generated based on an identification of a type of injury associated with the user ([0081]-[0082]).
Regarding claim 5, Sundaram (Figures 3-4b, 6, and 8) further discloses wherein the computer-executable instructions further include instructions that are executable to cause the computing system to: process the generated ambulation data, wherein processing the generated ambulation data includes determining an average amount of ambulation during use of the mobile DVT device per day by the user ([0053]-[0054]: orientation/motion measurements are tracked over time and analyzed for daily wellness ratings).
Regarding claim 6, Sundaram (Figures 3-4b, 6, and 8) further discloses wherein the generated alert is sent to at least one of a mobile device of the user or a computing system associated with a medical professional ([0086]: Figure 8, step 840).
Regarding claim 7, Sundaram (Figures 3-4b, 6, and 8) further discloses wherein the generated alert comprises at least one of an indication to walk while using the mobile DVT device more often and an indication to seek further medical attention ([0084]).
Regarding claim 8, Sundaram (Figures 3-4b, 6, and 8) discloses a method (800), implemented at a computing system (600) that includes one or more processors (610), for processing generated sensor data of a mobile deep vein thrombosis (DVT) device (such as device 310+320 shown in Figure 4k), ([0074]-[0080]), comprising: identifying use of the mobile DVT device corresponding to a user ([0086]: Figure 8, step 810: use of the mobile DVT device is identified through movement sensing); generating sensor data associated with the user's identified use of the mobile DVT device ([0086]: Figure 8, step 820), wherein at least some of the generated sensor data comprises ambulation data associated with a duration of ambulation during use of the mobile DVT device by the user ([0062], [0086]: movement/ambulation data is represented by orientation/motion measurements); processing a protocol associated with ambulation during use of the mobile DVT device ([0086]-[0088]: Figure 8, steps 810-820); correlating the generated ambulation data and the protocol associated with ambulation during use of the mobile DVT device ([0086]-[0088]: Figure 8, step 820); and based on correlating the generated ambulation data and the protocol, generating an alert associated with the generated ambulation data and the protocol ([0086]-[0089]: Figure 8, step 830); wherein use of the mobile DVT device is determined from the mobile DVT device being in an operative state and from skin temperature data from a temperature sensor indicating that the mobile DVT device is being worn by the user ([0062]: the mobile DVT must be in an operative state in order to obtain the appropriate measurements to determine use of the mobile DVT device, wherein a temperature sensor may be used in order to determine use of the mobile DVT device).
Sundaram fails to disclose that the mobile DVT device provides intermittent compression. However, Rapp (Figure 18) teaches a mobile device (550) which may be used for the prevention of DVT ([0038], [0126]), wherein the mobile DVT device (550) provides intermittent compression ([0125]: Rapp teaches that activation of the strap/compression may be serial, sequential, or intermittent in nature). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sundaram to include the mobile DVT device providing intermittent compression, as taught by Rapp, because the modification would provide an automatic compression function to prevent too tight or too loose fitting in order to maximize user compliance rates (Rapp; [0126]), effectively combining diagnostic and treatment functions into one device for easy use.
Regarding claim 9, Sundaram (Figures 3-4b, 6, and 8) further discloses wherein the generated sensor data also includes use data associated with a duration of use of the mobile DVT device by the user ([0053]: measurements are tracked over time and changes are analyzed).
Regarding claim 11, Sundaram (Figures 3-4b, 6, and 8) further discloses wherein the protocol is generated based on an identification of a type of injury associated with the user ([0081]-[0082]).
Regarding claim 12, Sundaram (Figures 3-4b, 6, and 8) further discloses processing the generated ambulation data, wherein processing the generated ambulation data includes determining an average amount of ambulation per day during use of the mobile DVT device by the user ([0053]-[0054]: orientation/motion measurements are tracked over time and analyzed for daily wellness ratings).
Regarding claim 13, Sundaram (Figures 3-4b, 6, and 8) further discloses wherein the generated alert is sent to at least one of a mobile device of the user or a computing system associated with a medical professional ([0086]: Figure 8, step 840).
Regarding claim 14, Sundaram (Figures 3-4b, 6, and 8) further discloses wherein the generated alert comprises at least one of an indication to walk while using the mobile DVT device more often and an indication to seek further medical attention ([0084]).
Regarding claim 15, Sundaram (Figures 3-4b, 6, and 8) discloses a computer program product (600) comprising one or more computer readable media (620) having stored thereon computer-executable instructions that are executable by one or more processors (610) of a computing system to cause the computing system to process generated sensor data of a mobile deep vein thrombosis (DVT) device ([0074]-[0080]), the computer-executable instructions including instructions that are executable to cause the computing system to perform at least the following: identify use of the mobile DVT device corresponding to a user ([0086]: Figure 8, step 810: use of the mobile DVT device is identified through movement sensing); generate sensor data associated with the user's identified use of the mobile DVT device ([0086]: Figure 8, step 820), wherein at least some of the generated sensor data comprises ambulation data associated with a duration of ambulation during use of the mobile DVT device by the user ([0062], [0086]: movement/ambulation data is represented by orientation/motion measurements); process a protocol associated with ambulation during use of the mobile DVT device ([0086]-[0088]: Figure 8, steps 810-820); correlate the generated ambulation data and the protocol associated with ambulation during use of the mobile DVT device ([0086]-[0088]: Figure 8, step 820); and based on correlating the generated ambulation data and the protocol, generate an alert associated with the generated ambulation data and the protocol ([0086]-[0089]: Figure 8, step 830); wherein use of the mobile DVT device is determined from the mobile DVT device being in an operative state and from skin temperature data from a temperature sensor indicating that the mobile DVT device is being worn by the user ([0062]: the mobile DVT must be in an operative state in order to obtain the appropriate measurements to determine use of the mobile DVT device, wherein a temperature sensor may be used in order to determine use of the mobile DVT device).
Sundaram fails to disclose that the mobile DVT device provides intermittent compression, wherein use of the mobile DVT device is determined by the mobile DVT device actively providing intermittent compression. However, Rapp (Figure 18) teaches a mobile device (550) which may be used for the prevention of DVT ([0038], [0126]), wherein the mobile DVT device (550) provides intermittent compression ([0125]: Rapp teaches that activation of the strap/compression may be serial, sequential, or intermittent in nature). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Sundaram to include the mobile DVT device providing intermittent compression, as taught by Rapp, because the modification would provide an automatic compression function to prevent too tight or too loose fitting in order to maximize user compliance rates (Rapp; [0126]), effectively combining diagnostic and treatment functions into one device for easy use. In the modified device, the mobile DVT device, which actively provides intermittent compression, determines use of the mobile DVT device.
Regarding claim 16, Sundaram (Figures 3-4b, 6, and 8) further discloses wherein the generated sensor data also includes use data associated with a duration of use of the mobile DVT device by the user ([0053]: measurements are tracked over time and changes are analyzed).
Regarding claim 17, Sundaram (Figures 3-4b, 6, and 8) further discloses wherein the generated sensor data also includes skin temperature data ([0062]).
Regarding claim 18, Sundaram (Figures 3-4b, 6, and 8) further discloses wherein the protocol is generated based on an identification of a type of injury associated with the user ([0081]-[0082]).
Regarding claim 19, Sundaram (Figures 3-4b, 6, and 8) further discloses wherein the computer-executable instructions further include instructions that are executable to cause the computing system to: process the generated ambulation data, wherein processing the generated ambulation data includes determining an average amount of ambulation per day during use of the mobile DVT device by the user ([0053]-[0054]: orientation/motion measurements are tracked over time and analyzed for daily wellness ratings).
Regarding claim 20, Sundaram (Figures 3-4b, 6, and 8) further discloses wherein the generated alert is sent to at least one of a mobile device of the user or a computing system associated with a medical professional ([0086]: Figure 8, step 840).
Response to Arguments
Applicant's arguments filed 01/05/2026 have been fully considered but they are not persuasive. With regard to Applicant’s argument that the proposed modification of Sundaram and Rapp would render Sundaram unsatisfactory for its intended purpose, Examiner respectfully disagrees. The Sundaram/Rapp combination teaches incorporating intermittent compression, as taught by Rapp, into the base DVT device of Sundaram. Accordingly, the compression is not applied continually, but intermittently based on an interpretation of readings observed by the sensors of the garment; so the intermittent compression occurs in a separate time after the sensor readings require it. Therefore, the use of the mobile DVT is identified by the sensors in a separate time from the intermittent compression required after the necessary sensor readings. As such, Examiner maintains that the proposed modification of Sundaram and Rapp would not render Sundaram unsatisfactory for its intended purpose.
With regard to Applicant’s argument that the proposed combination fails to disclose or suggest the newly amended limitations “wherein use of the mobile DVT device is determined from the mobile DVT device being in an operative state and from skin temperature data from a temperature sensor indicating that the mobile DVT device is actively being worn by the user,” particularly the limitation “from skin temperature data from a temperature sensor indicating that the mobile DVT device is actively being worn by the user,” Examiner respectfully disagrees. Although Sundaram does not disclose that the skin temperature data is directly used in some algorithm/calculation to directly determine use of the mobile DVT device, the mobile DVT must be in an operative state in order to obtain the appropriate measurements to determine use of the mobile DVT device, wherein the temperature sensor must be obtaining skin temperature data in order for the mobile DVT to be in a operative state. Accordingly, the fact that the temperature sensor is obtaining skin temperature data at all would mean that the mobile DVT is in an operative state, determining that the mobile DVT device is in use. Therefore, Examiner maintains that the Sundaram/Rapp combination teaches the limitations “wherein use of the mobile DVT device is determined from the mobile DVT device being in an operative state and from skin temperature data from a temperature sensor indicating that the mobile DVT device is actively being worn by the user,” as required by independent claims 1, 8, and 15.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/C.C.P./Examiner, Art Unit 3794
/EUN HWA KIM/Primary Examiner, Art Unit 3794
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