DETAILED ACTION
This action is pursuant to the claims filed on 05/01/2026. Claims 7-10, 13-18, 21-30 are pending. A final action on the merits of claims 7-10, 13-18, 21-30 is as follows.
Response to Amendment
Applicant’s amendment to the claims are acknowledged and entered accordingly. As a result, the claim objections and 112a rejections of the previous office action are withdrawn.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 7, 15, 25-26, and 29-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaushansky (U.S. PGPub No. 2015/0335947).
Regarding claims 7, Kaushansky teaches A system for collecting biological information of a user (Fig 1 and [0015-0018]), comprising: a conductive element configured to be in contact with at least one limb of the user (Fig 4 [0035] textile sensor 1021 incorporated as a sock 44 or arm belt 42 on a limb of the user); a sensing device, electrically connected the conductive element, and configured to sense biological information of the user through a pathway including the conductive element when the at least one limb of the user is in contact with the conductive element (Fig 1 [0015-0016], signal processor 1022 is electrically connected to textile sensor of sock 44 or arm belt 42 for sensing and processing physiological signals when a user is in contact with the sensor 1021); a wearable device configured to be worn on a part of the user’s body and configured to store the biological information from the sensing device (Fig 1 and [0018] physiological signals transmitted from sensor 1021 to wearable electronic device, [0019] disclosing signals are stored at the mobile device before being transmitted to other devices), wherein the sensing device communicates with the wearable device through the pathway including the conductive element (Fig 1/4 and [0018] sensing device 1022, textile electrode 1021, and wearable device (i.e., smart watch) are all in communication with one another in a communication pathway); and a data server configured to collect the biological information from the wearable device (Fig 1, external device 16, cloud storage 18, computer 17 all define data servers for storing the collected information) and is configured to provide a report showing a health condition of the user based on the collected biological information ([0029-0030]).
Regarding claims 15, Kaushansky teaches A method of collecting biological information of a user (Fig 1 and [0015-0018]), comprising: sensing, at a sensing device electrically connected to a conductive element configured to be in contact with at least one limb of the user (Fig 4, [0015], [0035] textile sensor 1021 incorporated as a sock 44 or arm belt 42 on a limb of the user), biological information of the user through a pathway including the conductive element when the at least one limb of the user is in contact with the conductive element (Fig 4 [0015] sensing occurs when user is in contact with sensor 1021); storing, at a wearable device configured to be worn on a part of the user’s body (Fig 1 and [0018] physiological signals transmitted from sensor 1021 to wearable electronic device, [0019] disclosing signals are stored at the mobile device before being transmitted to other devices), the biological information from the sensing device (Fig 1 and [0015-0018]), wherein the sensing device communicates with the wearable device through the pathway including the conductive element (Fig 1/4 and [0018] sensing device 1022, textile electrode 1021, and wearable device (i.e., smart watch) are all in communication with one another in a communication pathway); collecting, at the data server, the biological information stored in the wearable device (Fig 1, external device 16, cloud storage 18, computer 17 all define data servers for storing the collected information); and providing, at a data server, a report showing a health condition of the user based on the collected biological information ([0029-0030] health report provided to computer 17 to external device 16 or cloud storage 18).
Regarding claims 25 and 29, in view of claims 7 and 15 above, Kaushansky further teaches wherein the wearable device and the sensing device are configured to establish a session between the wearable device and the sensing device ([0018] and Fig 1, wireless communication between textile sensor 1201 of sensing device and wearable device (e.g., smart watch) is interpreted as establishing a session between the two); establishing a session between the wearable device and the sensing device ([0018] and Fig 1, wireless communication between textile sensor 1201 of sensing device and wearable device (e.g., smart watch) is interpreted as establishing a session between the two).
Regarding claims 26 and 30, in view of claims 7 and 15 above, Kaushansky further teaches wherein the wearable device is configured to transmit the stored biological information to the data server when a battery of the wearable device is being charged ([0018-0019] mobile device 14 (disclosed as smart watch) transmits data to other devices such as computer 17 or cloud storage 18; disclosure that mobile device 14 transmits said is implicit that said data is capable of being transmitted while charging as the charging and data transmission circuitry is well-known to be simultaneously operated); transmitting, at the wearable device, the stored biological information to the data server when a battery of the wearable device is being charged ([0018-0019] mobile device 14 (disclosed as smart watch) transmits data to other devices such as computer 17 or cloud storage 18; disclosure that mobile device 14 transmits said is implicit that said data is capable of being transmitted while charging as the charging and data transmission circuitry is well-known to be simultaneously operated).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 8, 16, 24, and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaushansky (U.S. PGPub No. 2015/0335947) in view of Asano (U.S. PGPub No. 2008/0209545).
Regarding claims 8, Kaushansky teaches the system of claim 7 as stated above.
Kaushanksy fails to teach explicitly teach wherein the wearable device is configured to acquire the biological information from the sensing device through the user's body serving as a conductor.
In related prior art, Asano teaches a similar system wherein the wearable device is configured to acquire the biological information from the sensing device through the user's body serving as a conductor ([0011] body is used as a communication medium to transmit information between a sensor means and a mobile device). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kaushansky in view of Asano to incorporate the transmission technique disclosed by Asano to arrive at the system of claims 8. Doing so would be a simple substitution of one well-known transmission means (Kaushansky Fig 1 wireless transmission) for another well-known transmission means (Asano [0011] using body as conductor) to yield the predictable result of transmitting biological information from one device to another.
Regarding claims 16, Kaushansky teaches the method of claim 15 as stated above.
Kaushanksy fails to teach explicitly teach acquiring, at the wearable device, the biological information from the sensing device through the user's body serving as a conductor.
In related prior art, Asano teaches acquiring, at the wearable device, the biological information from the sensing device through the user's body serving as a conductor. ([0011] body is used as a communication medium to transmit information between a sensor means and a mobile device). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kaushansky in view of Asano to incorporate the transmission technique disclosed by Asano to arrive at the system of claim 16. Doing so would be a simple substitution of one well-known transmission means (Kaushansky Fig 1 wireless transmission) for another well-known transmission means (Asano [0011] using body as conductor) to yield the predictable result of transmitting biological information from one device to another.
Regarding claims 24 and 28, in view of claims 7 and 15 above,
Kaushansky fails to teach storing, at the wearable device, a digital certificate in a memory, the digital certificate including identification information for identifying the wearable device.
In related prior art, Asano teaches storing, at the wearable device, a digital certificate in a memory, the digital certificate including identification information for identifying the wearable device ([0085] [0090] Fig 5, mobile device stores a digital certificate including ID info for identifying the mobile device). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device of Kaushansky in view of Asano to incorporate the storing of a digital certificate including ID information for identifying the wearable device to arrive at claims 24 and 28 respectively. Providing a certificate with ID information advantageously enables the authentication of the device to other wireless devices before transmitting sensitive information wirelessly as is known in the art.
Claim(s) 9 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaushansky in view of Park (U.S. PGPub No. 2011/0154413).
Regarding claims 9 and 17, Kaushanksy teaches the device of claim 7 and the method of claim 15 as stated above. Kaushansky further discloses a system wherein the sensing device is capable of being arranged in public transportation.
Kaushansky fails to teach wherein the sensing device and conductive element are in at least one of a train or a bus.
However, in related prior art, Park wherein the sensing device and conductive element are in at least one of a train or a bus (Fig 1, handle 103 of a bus or train functions as sensing device in electrical communication with body communication device 200). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kaushansky in view of Park to incorporate the sensing device as part of a train or bus to arrive at claims 9 and 17 respectively. Doing so would advantageously allow for various users to have their physiological information recorded and transmitted to their wearable devices to alert the user of any detected health abnormalities.
Claim(s) 10 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaushansky in view of Hwang (U.S. PGPub No. 2017/0060298).
Regarding claims 10 and 18, Kaushansky teaches the system of claim 7 and the method of claim 15 as stated above. Kaushansky further teaches wherein the wearable device can be any of a variety of devices ([0018]).
Kaushansky fails to teach wherein the wearable device is mounted in shoes.
In related prior art, Hwang teaches a similar system wherein a similar wearable device is mounted in shoes (Fig 13). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device of Kaushansky in view of Hwang to incorporate the wearable smart shoe to arrive at the system of claim 10 and the method of claim 18 respectively. Doing so would be obvious to one of ordinary skill in the art as a simple selection of one well-known wearable device among a plurality of well-known wearable devices (Kaushansky [0018]; Hwang Fig 13) to yield the predictable result of a wearable device to be electrically connected to a sensing device for storing received information
Claim(s) 13-14 and 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaushansky in view of Wiedewilt (U.S. Patent No. 10,817,949).
Regarding claims 13-14, Kaushansky teaches the system of claim 7 as stated above.
Kaushansky fails to teach a computer, wherein: the data server is configured to associate, the collected biological information with identification information of a user from whom the biological information is collected; in response to an application for insurance from the user along with the identification information of the user, the computer transmits the identification information to the data server and receives biological information corresponding to the identification information; and the computer notifies the user of whether or not the application for insurance can be accepted.
In related prior art, Wieduwilt teaches a computer arranged at an insurance company (Fig 1 and Col 10 lines 7-49, insurance computing systems 16-1 through 16-N are located at various insurance providers), the data server is configured to associate, the collected biological information with identification information of a user from whom the biological information is collected (Col 8 ln 63- Col 9 ln 38 and Fig 1, health profile of each patient includes identification information to track said health profile and ensuing insurance processing with said patient); in response to an application for insurance from a user along with identification information of the user (Fig 5, step 502, Col 30 line 46 – Col 32 line 28), the computer transmits the identification information to the data server and receives biological information corresponding to the identification information (Fig 5 step 508); and the computer notifies the user of whether or not the applied insurance can be accepted (step 512); wherein the computer further notifies the user of an insurance premium when the applied insurance can be accepted (col 4 lines 18-29, insurance premium can be set as preferred parameter to prioritize when generating insurance; Col 32 lines 29-49, insurance premium is provided as prioritized quote, thus step 512 of Fig 5 would notify a user of said premium of accepted insurance application). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kaushansky in view of Wieduwilt to incorporate the insurance providers and insurance procurement system to arrive at the system of claims 13-14. Doing so would advantageously enable the patient to procure health insurance based on the physiological data collected by Kaushansky such that the patient can procure medical appointments, procedures, consultations, etc. as needed.
Regarding claims 21-22, Kaushansky teaches the method of claim 15 as stated above.
Kaushansky fails to teach providing a computer; associating, at the data server, the collected biological information with identification information for identifying a user from whom the biological information is collected; transmitting, at the computer, the identification information to the data server in response to an application for insurance from a user along with identification information of the user; receiving, at the computer, biological information corresponding to the identification information; and notifying, at the computer, the user of whether or not the application for insurance can be accepted; notifying, at the computer, the user of insurance premium when the application for insurance can be accepted .
In related prior art, Wieduwilt teaches providing a computer arranged at an insurance company (Fig 1 and Col 10 lines 7-49, insurance computing systems 16-1 through 16-N are located at various insurance providers), associating, at the data server, the collected biological information with identification information of a user from whom the biological information is collected (Col 8 ln 63- Col 9 ln 38 and Fig 1, health profile of each patient includes identification information to track said health profile and ensuing insurance processing with said patient); transmitting, at the computer, the identification information to the data server in response to an application for insurance from a user along with identification information of the user (Fig 5, step 502, Col 30 line 46 – Col 32 line 28), transmitting, at the computer, the identification information to the data server in response to an application for insurance from a user along with identification information of the user (Fig 5 step 508); and notifying, at the computer, the user of whether or not the applied insurance can be accepted (step 512); notifying, at the computer, the user of insurance premium when the applied insurance can be accepted (col 4 lines 18-29, insurance premium can be set as preferred parameter to prioritize when generating insurance; Col 32 lines 29-49, insurance premium is provided as prioritized quote, thus step 512 of Fig 5 would notify a user of said premium of accepted insurance application). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Kaushansky in view of Wieduwilt to incorporate the insurance providers and insurance procurement system to arrive at the method of claims 21-22. Doing so would advantageously enable the patient to procure health insurance based on the physiological data collected by Kaushansky such that the patient can procure medical appointments, procedures, consultations, etc. as needed.
Claim(s) 23 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaushansky in view of Lee (U.S. PGPub No. 2013/0261405).
Regarding claims 23 and 27, in view of claims 7 and 15 above, Kaushansky further teaches wherein: the wearable device is configured to store second biological information without using the sensing device ([0018] wearable device disclosed as smart watch or mobile phone; both of which are typically capable of storing second biological information independent from the sensing device).
Kaushansky fails to explicitly teach the wearable device is configured to store second biological information without using the sensing device and the data server is configured to provide the report indicating an amount of exercise of the user based on the second biological information.
In related prior art, Lee teaches a device comprising a smart watch configured to store second biological information without using the sensing device and the data server is configured to provide the report indicating an amount of exercise of the user based on the second biological information (Fig 1, [0012] [0034] device records biological information to give reports on exercise). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable device of Kaushansky in view of Lee to incorporate the wearable device as a smart watch configured to store second biological information without using the sensing device such that the data server provides a report showing an amount of exercise based on the second biological information to arrive at claims 23 and 27 respectively. Doing so would be obvious to one of ordinary skill in the art as the use of smart watches to monitor physiological signals relating to an amount of exercise are well-known in the art to yield the predictable result of monitoring and recording physiological signals during exercising for both safety and training purposes.
Response to Arguments
Applicant's arguments filed 05/01/2026 have been fully considered but they are not persuasive.
Applicant alleges Kaushansky fails to teach the sensing device is configured to sense biological information of the user through a pathway including the conductive element, and that the sensing device communicates with the wearable device through the pathway including the conductive element.
However, Kaushansky teaches sensing biological information of the user through a pathway including the conductive element (arm 42 or sock 44 sensor of Fig 4 senses information which is transmitted to processor 1022 which is then transmitted to a wearable device (e.g., smart watch); this defines “a pathway including the conductive element”), and that the sensing device communicates with the wearable device through the pathway including the conductive element (Fig 1/4 and [0018] sensing device 1022, textile electrode 1021, and wearable device (i.e., smart watch) are all in communication with one another in the same communication pathway to transmit data from the conductive element to the sensing device to the wearable device). Based on the above teachings applicant’s arguments are held as unpersuasive.
On page 10 of the remarks, the applicant highlights Fig 5 of their specification and states “the sensing device 8 senses biological information of the user through a pathway including conductive material on the strap 6 and the sensing device 8 communicates with the wearable device (e.g., the smart shoes 100) through the same pathway including the conductive element via which the sensing device 8 sensed biological information.”
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the specific configuration of the pathway in Fig 5) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
As such, these arguments are unpersuasive.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam Z Minchella whose telephone number is (571)272-8644. The examiner can normally be reached M-Fri 7-3 EST.
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/ADAM Z MINCHELLA/Primary Examiner, Art Unit 3794
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