DETAILED ACTION
This action is pursuant to the claims filed on 11/19/2025. Claims 7-10, 13-18, and 21-30 are pending. A first action on the merits of claims 7-10, 13-18, and 21-30 is as follows.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/19/2025 has been entered.
Claim Objections
Claim 13 is/are objected to because of the following informalities:
Claim 13 line 4 “in configured to associate” should read “is configured to associate”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 7-10, 13-18, and 21-30 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 7 and 15 each recite “wherein the sensing device communicates with the wearable device through the conductive element”. Figures 1 and 5 of applicant’s disclosure show the sensing device 8 communicating with the wearable device 100 through the user’s body. Paragraph [0073] of applicant’s PGPub No. 2022/0265153 states “a conduction path is formed between the sensing device 8 and the user 2. In addition, a conduction path is formed between the smart shoes 100 and the user 2. Therefore, a conduction path can also be formed between the sensing device 8 and the smart shoes 100 worn by the user 2”. This disclosure does not support the sensing device communicating with the wearable device through the conductive element. While the disclosure has support for the conductive element being a part of the conductive pathway between the sensing device and wearable device. The Examiner finds no support for the communication being “through the conductive element”. Such a limitation introduces a broad scope in which the conductive element can be interpreted to be directly connected between the sensing device and wearable device, to which the examiner finds no support as stated above. Claims 8-10, 13-14, 16-18, and 21-30 inherit this deficiency.
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.
Claim(s) 7-8, 15-16, 24-26, and 28-30 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 7-8, 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 the user (Fig 1 [0015] textile sensor 1021 configured to contact chest of user);a sensing device, electrically connected the conductive element, and configured to sense biological information of the user when the user is in contact with the conductive element (Fig 1 [0015-0016], signal processor 1022 is electrically connected to textile sensor 1021 for sensing and processing physiological signals when a user is in contact with the sensor 1021); and 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 conductive element (Fig 1 and [0018] sensing device 1022, textile electrode 1021, and wearable device (i.e., smart watch) are all in communication with one another); 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]).
Kaushanksy fails to teach explicitly teach wherein the sensing device communicates with the wearable device through the conductive element; 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 7-8. 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 15-16, 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 the user (Fig 1 [0015] textile sensor 1021 configured to contact chest of user is connected with signal processor 1022 for processing physiological information), biological information of the user when the user is in contact with the conductive element (Fig 1 [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 conductive element (Fig 1 and [0018] sensing device 1022, textile electrode 1021, and wearable device (i.e., smart watch) are all in communication with one another); 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).
Kaushanksy fails to teach explicitly teach wherein the sensing device communicates with the wearable device through the conductive element; 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 7-8. 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 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.
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(s) 9 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kaushansky, Asano, and in further view of Park (U.S. PGPub No. 2011/0154413).
Regarding claims 9 and 17, Kaushanksy/Asano 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 Asano, and in further view of Hwang (U.S. PGPub No. 2017/0060298).
Regarding claims 10 and 18, Kaushansky/Asano 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 Asano, and further in view of Wiedewilt (U.S. Patent No. 10,817,949).
Regarding claims 13-14, Kaushansky/Asano 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 19 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 Asano, and in further 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 11/19/2025 have been fully considered but they are not persuasive.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Applicant argues Kaushansky fails to disclose a conductive element configured to be in contact with the user. Paragraph [0015] of Kaushansky explicitly states “The textile sensor 1021 contains conductive fiber woven interleaved within insulation material fiber. The conductive fiber has a plurality of contact parts capable of contacting chest of a user when the user wears the shirt”. As such, these arguments are unpersuasive.
Conclusion
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