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 17SEP2025 have been entered and considered.
Claims 1-15 are currently pending.
No claims have been amended, withdrawn, canceled, or added.
No new matter has been added.
Claims 1-15 are under examination.
Response to Arguments
Applicant's arguments filed 17SEP2025 regarding the rejections under 35 USC 102(a)(1) have been fully considered and are not persuasive. Parts deemed not persuasive discussed below:
Applicant states (see Page 3 of the Remarks):
“Specifically, Meftah et al. teaches that a typical ECG includes multiple electrodes, but does not teach that the sensor is arranged for directly or indirectly measuring the movements of the subject over time has a measurement axis in a predefined orientation with respect to the ECG electrode arrangement That is, a motion sensor is disclosed by Meftah et al. but it is not that sensor that is being calibrated by the orientation/position estimated from the ECG signal, Rather, the motion sensor provides complementary information in the calibration procedure; the sensor that is calibrated is located at a fixed position on the wearable device and has therefore a predefined orientation.”
The examiner is not persuaded since because the motion sensor has a fixed orientation due to being in the wearable device, this satisfies the limitation of “sensor is arranged for directly or indirectly measuring the movements of the subject over time has a measurement axis in a predefined orientation with respect to the ECG electrode arrangement”; Since the device contains the sensor, and as shown in Figure 2 is put in a predefined location of any orientation, the system can be correctly calibrated to any position because the sensed physiological characteristics are recorded with respect to the detected orientation. This is further shown in previously cited Meftah Page 8 Lines 56-69 through Page 9 Lines 1-2 “ In some embodiments, the at least one of the position and orientation of the wearable device on the subject is determined by comparing the one or more characteristics of the at least one physiological characteristic signal acquired from the subject to a plurality of predefined (or pre-programmed) characteristics. The plurality of predefined characteristics are each associated with at least one of a predefined position and orientation of the wearable device. In other words, the plurality of predefined characteristics are specific to a particular at least one of a predefined position and orientation of the wearable device. This shows the device calibrates orientation with respect to the sensor and ecg configuration.
“There is no disclosure of a measurement axis of the sensor, and hence there is also no disclosure of determining a relationship between said axis and the ECG electrode arrangement.”
The examiner is not persuaded since Meftah discloses the position and orientation are determined relative to the device and the physiological signals associated with it. There is no explicit measurement axis stated by Meftah but it can be determined that the measurement axis is the determined position of the device in Meftah since the physiological signals will be affected relative to the positioning, and therefore is calibrated around.
Applicant's arguments filed 17SEP2025 regarding the rejections under 35 USC 103(a) have been fully considered and are not persuasive. Parts deemed not persuasive discussed below:
Applicant states (see Page 4 of the Remarks):
“Lu does not overcome the deficiencies in the teachings of Meftah et al. alone discussed above. Therefore, any alleged/propose combination of Meftah et al. and Lu would not render obvious the subject matter of dependent claim 7.”
The examiner disagree per the reasons discussed above regarding reference Meftah.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-6 & 8-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Meftah et al. (WO Publication No. 2017191036; Previously Cited).
Regarding claim 1, Meftah discloses an apparatus arranged for calibrating a sensor of a wearable device to a reference frame of a subject on which the wearable device is worn (Meftah Page 10 Lines 17-19 “At block 408, in some embodiments, the wearable device may be calibrated based on the determined at least one of the position and orientation of the wearable device on the subject. In some embodiments, the determined at least one of the position and orientation of the wearable device on the subject can be used to determine other parameters or information.”), the wearable device comprising an ECG electrode arrangement comprising three or more ECG electrodes that are in a predefined arrangement with respect to each other (Meftah Page 10 Lines 40-42 “The ECG sensor in this exemplary embodiment is in the form of two electrodes. However, it will be understood that any other number of electrodes can also be used. The more electrodes that are used, the more easily and accurately the at least one of the position and orientation of the wearable device on the subject can be determined.”; Page 4 Lines 30-32 “The wearable device can comprise at least one (and any number of) physiological characteristic sensor. The physiological characteristic sensors can be integrated in the wearable device or can be attached to the wearable device. In this exemplary embodiment, the wearable device 100 comprises two physiological characteristic sensors 102, 104 that are integrated into the wearable device 100. The wearable device 100 also comprises a marker 106 that can be used to distinguish between different orientations of the wearable device 100 when applied to a subject.”), and the sensor being arranged for directly or indirectly measuring the movements of the subject over time (Meftah Page 5 Lines 7-9 “A wearable device is positioned to make contact with the skin of the subject. In this way, any physiological characteristic sensors of the wearable device can acquire one or more physiological characteristic signals from the subject. A wearable device may comprise one or a plurality of physiological characteristic sensors.”) and having a measurement axis in a predefined orientation with respect to the ECG electrode arrangement (Meftah Page 8 Lines 56-69 through Page 9 Lines 1-2 “ In some embodiments, the at least one of the position and orientation of the wearable device on the subject is determined by comparing the one or more characteristics of the at least one physiological characteristic signal acquired from the subject to a plurality of predefined (or pre-programmed) characteristics. The plurality of predefined characteristics are each associated with at least one of a predefined position and orientation of the wearable device. In other words, the plurality of predefined characteristics are specific to a particular at least one of a predefined position and orientation of the wearable device.”), the apparatus comprising a processor (Meftah Page 3 Lines 20-23; Page 5 Lines 16-21)wherein the processor is configured to: process ECG signals obtained by respective pairs of the ECG electrodes to determine an orientation of the ECG electrode arrangement in the reference frame of the subject (Meftah Page 10 Lines 33-38 “FIG. 5 is an illustration of exemplary embodiment in which a wearable device is placed at different positions and orientations on a subject and an associated electrocardiogram (ECG) signal is acquired from an ECG sensor integrated in the wearable device. In this exemplary embodiment, the at least one of the position and orientation of the wearable device on the subject is determined based on the acquired ECG signal from a subject. In other words, the at least one of the position and orientation of the wearable device on the subject is extracted from an ECG signal acquired from a subject.”), wherein the reference frame of the subject includes a reference axis relating to the heart of the subject, wherein the reference axis is related to a predefined ECG signal characteristic (Meftah Page 12 Lines 50-52 “In one example, a near-field source localization technique may be used to determine a distance and an angle between the wearable device and parts of the heart in order to determine the position and orientation of the wearable device on the subject.” Showing that the positioning of the heart is the reference axis to base changes in orientation off of; Page 12 Lines 56-59 “In some embodiments, an electrocardiogram (ECG) signal may be used to identify the components of the heart sounds of a phonocardiography (PCG) signal. For example, an R peak of an ECG signal can be identified and used to identify the components of the heart sounds of a PCG signal since the R peak of an ECG signal corresponds to the first sound 802 at the beginning of the systole period of a PCG signal.” Showing the relationship of the sensor data to the ECG signals); programmed to process the determined orientation of the sensor arrangement in the reference frame of the subject and the predefined orientation of the measurement axis with respect to the sensor arrangement to determine a relationship between the measurement axis of the sensor and the reference frame of the subject (Meftah Page 2 Lines 39-44 “In some embodiments, determining the at least one of the position and orientation of the wearable device on the subject may comprise: comparing the one or more characteristics of the acquired at least one physiological characteristic signal from the subject to a plurality of predefined characteristics, each of the plurality of predefined characteristics associated with at least one of a predefined position and orientation of the wearable device; and determining the at least one of the position and orientation of the wearable device on the subject based on the comparison.”); programmed to calibrate the sensor to the reference frame of the subject, based on the determined relationship between the measurement axis of the sensor and the reference frame of the subject. (Meftah Page 3 Lines 15-18 “In some embodiments, the method may further comprise calibrating the wearable device based on the determined at least one of the position and orientation of the wearable device on the subject.”; Page 10 Lines 17-20 “At block 408, in some embodiments, the wearable device may be calibrated based on the determined at least one of the position and orientation of the wearable device on the subject. In some embodiments, the determined at least one of the position and orientation of the wearable device on the subject can be used to determine other parameters or information.”).
Regarding claim 2, Meftah further discloses wherein the processor is configured to determine the orientation of the ECG electrode arrangement by: identifying an ECG electrode pair in the ECG electrode arrangement for which the ECG signal obtained by the ECG electrode pair meets a criterion relating to the predefined ECG signal characteristic (Meftah Page 10 Lines 52-59 “In order to determine at least one of the position and orientation of a wearable device on a subject, one or more characteristics of at least one ECG signal acquired from the wearable device on the subject are compared to predefined characteristics of an ECG signal. The predefined characteristics of the ECG signal may be stored in a database (such as in the memory unit 304 of the apparatus 300). In some embodiments, the predefined characteristics may be stored in a database following an initial calibration procedure in which an ECG signal is acquired with the wearable device at each position and orientation on the body of a subject for subsequent comparison with acquired ECG signals.”); and determining the orientation of the ECG electrode arrangement with respect to the reference frame of the subject based on a first virtual axis defined by the ECG electrodes in the identified ECG electrode pair and the relation between the reference axis and the predefined ECG signal characteristic. (Meftah Page 11 Lines 3-6 through Page 11 Lines 21-25).
Regarding claim 3, Meftah further discloses wherein the processor is configured to determine the orientation of the ECG electrode arrangement by: identifying two adjacent ECG electrode pairs in the ECG electrode arrangement for which the ECG signals obtained by the two adjacent ECG electrode pairs best meet a criterion relating to the predefined ECG signal characteristic (Meftah Page 10 Lines 52-59 “In order to determine at least one of the position and orientation of a wearable device on a subject, one or more characteristics of at least one ECG signal acquired from the wearable device on the subject are compared to predefined characteristics of an ECG signal. The predefined characteristics of the ECG signal may be stored in a database (such as in the memory unit 304 of the apparatus 300). In some embodiments, the predefined characteristics may be stored in a database following an initial calibration procedure in which an ECG signal is acquired with the wearable device at each position and orientation on the body of a subject for subsequent comparison with acquired ECG signals.”; Page 4 Lines 39-41“Also, although an example number and arrangement of physiological characteristic sensors have been provided, it will be understood that other numbers and arrangements of physiological characteristic sensors are possible.”); determining a first virtual axis as a virtual axis between a virtual axis defined by the ECG electrodes in a first one of the identified ECG electrode pairs and a virtual axis defined by the ECG electrodes in the other one of the identified ECG electrode pairs (Meftah Page 10 Lines 42-44 “As illustrated in FIGS. 5A-5F, the ECG signals acquired for each of the six different ways in which the wearable device is applied to the subject are specific to the position and orientation of the wearable device on the subject for that ECG signal.”); and determining the orientation of the ECG electrode arrangement with respect to the reference frame of the subject based on the first virtual axis and the relation between the reference axis and the predefined ECG signal characteristic. (Meftah Page 11 Lines 3-6 through Page 11 Lines 21-25).
Regarding claim 4, Meftah further discloses wherein the predefined ECG signal characteristic is the QRS complex (Meftah Page 11 Lines 9-11 “In this embodiment, the locations of at least some of the ECG peaks shown in FIG. 6 (such as at least part of the PQRST pattern of the ECG signal) are detected in the acquired ECG signal. For example, the location of the Q, R and S peaks of FIG. 6 may be detected in the acquired ECG signal.”) and the criterion is met by the ECG signal that has the smallest QRS complex; or the smallest difference in maximum voltage amplitude and minimum voltage amplitude. (Meftah Page 11 Lines 16-18 “Then, the amplitudes of the detected ECG peaks are determined relative to a baseline value 600. The baseline value 600 may, for example, be determined using median filtering or any other technique suitable for determining an ECG baseline. A peak amplitude ratio of the acquired ECG signal may then be determined. For example, where the location of the Q, R and S peaks of FIG. 6 are detected in the acquired ECG signal and the amplitude of those peaks are determined, the peak amplitude ratio may be determined as follows:”).
Regarding claim 5, Meftah further discloses wherein the predefined ECG signal characteristic is the R-peak and the criterion is met by the ECG signal that has the largest R-peak; or the largest difference in maximum voltage amplitude and minimum voltage amplitude. (Meftah Page 11 Lines 16-18 “Then, the amplitudes of the detected ECG peaks are determined relative to a baseline value 600. The baseline value 600 may, for example, be determined using median filtering or any other technique suitable for determining an ECG baseline. A peak amplitude ratio of the acquired ECG signal may then be determined. For example, where the location of the Q, R and S peaks of FIG. 6 are detected in the acquired ECG signal and the amplitude of those peaks are determined, the peak amplitude ratio may be determined as follows:”).
Regarding claim 6, Meftah further discloses wherein the orientation of the reference axis in the reference frame of the subject is dependent on one or more physiological characteristics of the subject and/or clinical information on the subject. (Meftah Page 12 Lines 50-52 “In one example, a near-field source localization technique may be used to determine a distance and an angle between the wearable device and parts of the heart in order to determine the position and orientation of the wearable device on the subject.” Showing that the positioning of the heart is the reference axis to base changes in orientation off of; Page 12 Lines 56-59 “In some embodiments, an electrocardiogram (ECG) signal may be used to identify the components of the heart sounds of a phonocardiography (PCG) signal. For example, an R peak of an ECG signal can be identified and used to identify the components of the heart sounds of a PCG signal since the R peak of an ECG signal corresponds to the first sound 802 at the beginning of the systole period of a PCG signal.” Showing the relationship of the sensor data to the ECG signals).
Regarding claim 8, Meftah further discloses wherein the determined relationship between the measurement axis of the sensor and the reference frame of the subject is a rotation required to (i) rotate measurements obtained by the sensor in the reference frame of the sensor into the reference frame of the subject and/or (ii) rotate one or more parameters or rules defined in the reference frame of the subject into the reference frame of the sensor. (Meftah Page 10 Lines 20-29 “For example, the determined at least one of the position and orientation of the wearable device on the subject can be used in a posture algorithm (for example, to determine lying position such as for the prevention of decubitus), in an energy expenditure measurement, as a calibration constant in the measurement of arterial oxygen saturation (SpO2) adapted automatically to body location, to analyze the gait of the subject from trunk-accelerometry during shuffling or walking in different orthogonal directions (such as mediolateral, anterioposterior, vertical), as a calibration constant for temperature measurements, or in adapting an algorithm for extracting respiration signal”; Page 9 Lines 24-30).
Regarding claim 9, Meftah further discloses wherein the processing unit is configured to: acquire measurements from the sensor (Meftah Abstract); apply the rotation to the acquired measurements to rotate the acquired measurements into the reference frame of the subject and evaluate the rotated measurements to determine the posture of the subject using one or more parameters and/or rules defined with respect to the reference frame of the subject. (Meftah Page 10 Lines 20-29 “For example, the determined at least one of the position and orientation of the wearable device on the subject can be used in a posture algorithm (for example, to determine lying position such as for the prevention of decubitus), in an energy expenditure measurement, as a calibration constant in the measurement of arterial oxygen saturation (SpO2) adapted automatically to body location, to analyse the gait of the subject from trunk-accelerometry during shuffling or walking in different orthogonal directions (such as mediolateral, anterioposterior, vertical), as a calibration constant for temperature measurements, or in adapting an algorithm for extracting respiration signal”; Page 9 Lines 24-30).
Regarding claim 10, Meftah further discloses wherein the processor is configured to: acquire measurements from the sensor (Meftah Abstract); apply the rotation to one or more parameters and/or rules defined with respect to the reference frame of the subject to rotate the one or more parameters and/or rules into the reference frame of the sensor; and evaluate the acquired measurements to determine the posture of the subject using the rotated one or more parameters and/or rules. (Meftah Page 10 Lines 20-29 “For example, the determined at least one of the position and orientation of the wearable device on the subject can be used in a posture algorithm (for example, to determine lying position such as for the prevention of decubitus), in an energy expenditure measurement, as a calibration constant in the measurement of arterial oxygen saturation (SpO2) adapted automatically to body location, to analyse the gait of the subject from trunk-accelerometry during shuffling or walking in different orthogonal directions (such as mediolateral, anterioposterior, vertical), as a calibration constant for temperature measurements, or in adapting an algorithm for extracting respiration signal”; Page 9 Lines 24-30).
Regarding claim 11, Meftah further discloses a system arranged for calibrating a sensor of a wearable device to a reference frame of a subject on which the wearable device is worn (Meftah Page 10 Lines 17-20 “At block 408, in some embodiments, the wearable device may be calibrated based on the determined at least one of the position and orientation of the wearable device on the subject. In some embodiments, the determined at least one of the position and orientation of the wearable device on the subject can be used to determine other parameters or information.”), the system comprising: the wearable device comprising the ECG electrode arrangement, comprising three or more ECG electrodes that are in a predefined arrangement with respect to each other (Meftah Page 10 Lines 40-42 “The ECG sensor in this exemplary embodiment is in the form of two electrodes. However, it will be understood that any other number of electrodes can also be used. The more electrodes that are used, the more easily and accurately the at least one of the position and orientation of the wearable device on the subject can be determined.”; Page 4 Lines 30-32 “The wearable device can comprise at least one (and any number of) physiological characteristic sensor. The physiological characteristic sensors can be integrated in the wearable device or can be attached to the wearable device. In this exemplary embodiment, the wearable device 100 comprises two physiological characteristic sensors 102, 104 that are integrated into the wearable device 100. The wearable device 100 also comprises a marker 106 that can be used to distinguish between different orientations of the wearable device 100 when applied to a subject.”); and the sensor arranged for directly or indirectly measuring the movements of the subject over time (Meftah Page 5 Lines 7-9 “A wearable device is positioned to make contact with the skin of the subject. In this way, any physiological characteristic sensors of the wearable device can acquire one or more physiological characteristic signals from the subject. A wearable device may comprise one or a plurality of physiological characteristic sensors.”) and having the measurement axis in the predefined orientation with respect to the ECG electrode arrangement. (Meftah Page 8 Lines 56-69 through Page 9 Lines 1-2 “ In some embodiments, the at least one of the position and orientation of the wearable device on the subject is determined by comparing the one or more characteristics of the at least one physiological characteristic signal acquired from the subject to a plurality of predefined (or pre-programmed) characteristics. The plurality of predefined characteristics are each associated with at least one of a predefined position and orientation of the wearable device. In other words, the plurality of predefined characteristics are specific to a particular at least one of a predefined position and orientation of the wearable device.”).
Regarding claim 12, Meftah discloses a method of calibrating a sensor of a wearable device to a reference frame of a subject on which the wearable device is worn (Meftah Page 10 Lines 17-20 “At block 408, in some embodiments, the wearable device may be calibrated based on the determined at least one of the position and orientation of the wearable device on the subject. In some embodiments, the determined at least one of the position and orientation of the wearable device on the subject can be used to determine other parameters or information.”), the wearable device comprising an ECG electrode arrangement comprising three or more ECG electrodes that are in a predefined arrangement with respect to each other (Meftah Page 10 Lines 40-42 “The ECG sensor in this exemplary embodiment is in the form of two electrodes. However, it will be understood that any other number of electrodes can also be used. The more electrodes that are used, the more easily and accurately the at least one of the position and orientation of the wearable device on the subject can be determined.”; Page 4 Lines 30-32 “The wearable device can comprise at least one (and any number of) physiological characteristic sensor. The physiological characteristic sensors can be integrated in the wearable device or can be attached to the wearable device. In this exemplary embodiment, the wearable device 100 comprises two physiological characteristic sensors 102, 104 that are integrated into the wearable device 100. The wearable device 100 also comprises a marker 106 that can be used to distinguish between different orientations of the wearable device 100 when applied to a subject.”), and the sensor arranged for directly or indirectly measuring the movements of the subject over time (Meftah Page 5 Lines 7-9 “A wearable device is positioned to make contact with the skin of the subject. In this way, any physiological characteristic sensors of the wearable device can acquire one or more physiological characteristic signals from the subject. A wearable device may comprise one or a plurality of physiological characteristic sensors.”) and having a measurement axis in a predefined orientation with respect to the ECG electrode arrangement (Meftah Page 8 Lines 56-69 through Page 9 Lines 1-2 “ In some embodiments, the at least one of the position and orientation of the wearable device on the subject is determined by comparing the one or more characteristics of the at least one physiological characteristic signal acquired from the subject to a plurality of predefined (or pre-programmed) characteristics. The plurality of predefined characteristics are each associated with at least one of a predefined position and orientation of the wearable device. In other words, the plurality of predefined characteristics are specific to a particular at least one of a predefined position and orientation of the wearable device.”), the method comprising: processing ECG signals obtained by respective pairs of the ECG electrodes to determine an orientation of the ECG electrode arrangement in the reference frame of the subject (Meftah Page 10 Lines 33-38 “FIG. 5 is an illustration of exemplary embodiment in which a wearable device is placed at different positions and orientations on a subject and an associated electrocardiogram (ECG) signal is acquired from an ECG sensor integrated in the wearable device. In this exemplary embodiment, the at least one of the position and orientation of the wearable device on the subject is determined based on the acquired ECG signal from a subject. In other words, the at least one of the position and orientation of the wearable device on the subject is extracted from an ECG signal acquired from a subject.”), wherein the reference frame of the subject includes a reference axis relating to the heart of the subject, wherein the reference axis is related to a predefined ECG signal characteristic (Meftah Page 12 Lines 50-52 “In one example, a near-field source localization technique may be used to determine a distance and an angle between the wearable device and parts of the heart in order to determine the position and orientation of the wearable device on the subject.”; Page 12 Lines 56-59 “In some embodiments, an electrocardiogram (ECG) signal may be used to identify the components of the heart sounds of a phonocardiography (PCG) signal. For example, an R peak of an ECG signal can be identified and used to identify the components of the heart sounds of a PCG signal since the R peak of an ECG signal corresponds to the first sound 802 at the beginning of the systole period of a PCG signal.”); including processing the determined orientation of the sensor arrangement in the reference frame of the subject and the predefined orientation of the measurement axis with respect to the sensor arrangement to determine a relationship between the measurement axis of the sensor and the reference frame of the subject (Meftah Page 2 Lines 39-44 “In some embodiments, determining the at least one of the position and orientation of the wearable device on the subject may comprise: comparing the one or more characteristics of the acquired at least one physiological characteristic signal from the subject to a plurality of predefined characteristics, each of the plurality of predefined characteristics associated with at least one of a predefined position and orientation of the wearable device; and determining the at least one of the position and orientation of the wearable device on the subject based on the comparison.”); and calibrating the sensor to the reference frame of the subject, based on the determined relationship between the measurement axis of the sensor and the reference frame of the subject (Meftah Page 3 Lines 15-18 “In some embodiments, the method may further comprise calibrating the wearable device based on the determined at least one of the position and orientation of the wearable device on the subject.”; Page 10 Lines 17-20 “At block 408, in some embodiments, the wearable device may be calibrated based on the determined at least one of the position and orientation of the wearable device on the subject. In some embodiments, the determined at least one of the position and orientation of the wearable device on the subject can be used to determine other parameters or information.”).
Regarding claim 13, Meftah further discloses wherein the determined relationship between the measurement axis of the sensor and the reference frame of the subject is a rotation required to rotate measurements obtained by the sensor in the reference frame of the sensor into the reference frame of the subject, and the method further comprises: acquiring measurements from the sensor;applying the rotation to the acquired measurements to rotate the acquired measurements into the reference frame of the subject and evaluating the rotated measurements to determine the posture of the subject using one or more parameters and/or rules defined with respect to the reference frame of the subject (Meftah Page 10 Lines 20-29 “For example, the determined at least one of the position and orientation of the wearable device on the subject can be used in a posture algorithm (for example, to determine lying position such as for the prevention of decubitus), in an energy expenditure measurement, as a calibration constant in the measurement of arterial oxygen saturation (SpO2) adapted automatically to body location, to analyse the gait of the subject from trunk-accelerometry during shuffling or walking in different orthogonal directions (such as mediolateral, anterioposterior, vertical), as a calibration constant for temperature measurements, or in adapting an algorithm for extracting respiration signal”; Page 9 Lines 24-30).
Regarding claim 14, Meftah further discloses wherein the determined relationship between the measurement axis of the sensor and the reference frame of the subject is a rotation required to rotate one or more parameters or rules defined in the reference frame of the subject into the reference frame of the sensor, and the method further comprises: acquiring measurements from the sensor; applying the rotation to one or more parameters and/or rules defined with respect to the reference frame of the subject to rotate the one or more parameters and/or rules into the reference frame of the sensor; and evaluating the acquired measurements to determine the posture of the subject using the rotated one or more parameters and/or rules. (Meftah Page 10 Lines 20-29 “For example, the determined at least one of the position and orientation of the wearable device on the subject can be used in a posture algorithm (for example, to determine lying position such as for the prevention of decubitus), in an energy expenditure measurement, as a calibration constant in the measurement of arterial oxygen saturation (SpO2) adapted automatically to body location, to analyse the gait of the subject from trunk-accelerometry during shuffling or walking in different orthogonal directions (such as mediolateral, anterioposterior, vertical), as a calibration constant for temperature measurements, or in adapting an algorithm for extracting respiration signal”; Page 9 Lines 24-30).
Regarding claim 15, Meftah further discloses a non-transitory computer readable medium, the computer readable medium that stores a computer program product, that when executed by a processor causes the method as claimed in claim 12 to be performed. (Meftah Page 3 Lines 20-23).
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) (C) for any potential 35 U.S.C. 102(a) 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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Meftah et al. (WO Publication No. 2017191036; Previously Cited) in view of Lu. (US Publication Number 20190150795; Previously Cited).
Regarding claim 7, Meftah does not disclose wherein the processor is further configured to determine the relationship between the measurement axis of the sensor and the reference frame of the subject based on a shape of the part of the body of the subject on which the wearable device is to be worn. Lu in a similar endeavor of sensor calibration teaches wherein the processor is further configured to determine the relationship between the measurement axis of the sensor and the reference frame of the subject based on a shape of the part of the body of the subject on which the wearable device is to be worn. (Lu ¶0008 “Initial calibration of each user's system is done while standing, erect, and initializing a calibration function. Once calibrated, any angular displacement due to body shape differences are factored into any baseline reference value.”; ¶0019). Before the effective filing date, it would have been obvious to a person of skill in the art to modify Meftah in view of Lu by combining the system of Meftah with Lu’s the processor is further configured to determine the relationship between the measurement axis of the sensor and the reference frame of the subject based on a shape of the part of the body of the subject on which the wearable device is to be worn. The motivation to integrate this device of Lu with Meftah’s sensor device is because it removes the device from being an invasive implant to just a wearable version of said device. Lu shows the concept for the calibration device as a wearable item, and with the combination Meftah can account for the processing steps needed to determine posture changes based on cardiac signals through a wearable device, including the necessary accommodations such as the body part wearing the device. The wearable aspect allows for a better patient experience, lowered cost of the device & maintenance, and broadens the range of patients the device is accessible to.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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/MEGAN T FEDORKY/
Examiner, Art Unit 3796
/ALLEN PORTER/Primary Examiner, Art Unit 3796