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 .
Response to Amendment
In response to amendments, filed April 10, 2026, claims 1-2, 7, 11, and 19-20 have been amended. Claim 21 has been added. No claims have been cancelled. Claims 1-17 and 19-21 are pending.
Response to Arguments
Applicant’s arguments, see Remarks, filed April 10, 2026, with respect to the prior art rejections for claims 1, 4-17, and 19-20 have been considered but they are not persuasive.
In response to applicant’s argument that the combination of Rakshit/Bennett/Cline does not disclose all the features of amended independents claims 1, 19, and 20, particularly (1) a first set of targets and a first set of messages that are associated with one or more physiological metrics and that provide health-related guidance for a user in a non-pregnant state, (2) adjusting the first set of targets and the first set of messages into a second set of targets and a second set of messages that are associated with the physiological metrics and that provide health-related guidance for the user in a pregnant state, and (3) the second set of targets and the second set of messages are different from the first set of targets and the first set of messages, respectively, Examiner respectfully disagrees.
One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
The feature of a first set of targets and a first set of messages that are associated with one or more physiological metrics and that provide health-related guidance for a user in a non-pregnant state is provided for in Bennett [0173] -- describing evaluating targets associated with one or more physiological metrics via imaging and temperature sensing to track clinically relevant changes related to an ovulation event (first set of targets) and or the lack thereof to obtain and present a fertility profile (first set of messages). The presented fertility profile provides health-related guidance on the optimal time for a user in a non-pregnant state to attempt to become impregnated.
The feature of adjusting the first set of targets and the first set of messages into a second set of targets and a second set of messages that are associated with the physiological metrics and that provide health-related guidance for the user in a pregnant state is provided for in changing to a pregnancy mode of operation per Bennett [0047] and [0066-0068]. Bennett [0047] discloses selecting a user’s ability to select a pregnancy mode of operation. Bennett [0066-0068] describes counting and tracking the being in wombs movements, and their periodicity and or intensity (second set of targets, different from the first set of targets) and providing alerts if there is a significant deviation in an early pattern of movement to identify potential problems as well as providing birthing timelines (second set of messages, different from the first set of messages). The movement alerts and timelines provide health-related guidance on whether there is a pregnancy complication as well as help a user prepare for the birthing process.
Regarding the second set of targets and the second set of messages being different from the first set of targets and the first set of messages, respectively, the above description from Bennett clearly shows the required distinction per the claim language. Cline furthers describes in [0083] different devices states or modes of operation enabling different notifications.
Claims 2-3 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
Claim(s) 1, 4-14, 17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Rakshit (US 20200155058 A1) in view of Bennett (US 20110190595 A1) and Cline (US 20160331299 A1).
Regarding claim 1, Rakshit teaches a method ([0003] “computer-implemented method includes: monitoring, by a computing device, stimuli exposed to an unborn child based on sensor data”) comprising:
acquiring, via one or more sensors of a wearable ring device configured to be worn by a user, physiological data associated with the user ([0065] “gathering sensor data of participants (e.g., pregnant women) wearing various types of wearable sensor devices (e.g., smart watches/ring/eyewear, electronic tattoos, smart clothing, etc.)… smart ring devices”);
receiving, via a transceiver of a user device and from the wearable ring device, the physiological data associated with the user ([0064] “As shown in FIG. 4, movement/kick patterns of an unborn child are determined from sensor data (e.g., from sensor devices, such as those implemented in wearable computing devices worn by a mother of the unborn child). The sensor data, combined with data from a knowledge corpus, is used to make a health-related prediction regarding the unborn child (e.g., a prediction of possible hearing loss in the unborn child)”).
However, Rakshit fails to disclose physiological targets when a user is in a non-pregnant state. Bennett teaches intravaginal monitoring devices, supporting networks, web services, modes of operation of the devices and networks, and processing of data harvested by an intravaginal device and communication to the network.
The combination of Rakshit/Bennett discloses:
providing, to the user device and in accordance with a first operational mode of an application associated with the wearable ring device (Rakshit: [0065] “smart ring device;” Bennett: [0047] “server 173 or other network node includes a select service mode of operation, which provides various functionalities on device 115 … For example, the menu includes an STD detection mode of operation and or service, an ovulation detection mode of operation or service, a rhythm method (infertility) mode of operation or service, a precancerous tissue monitoring or service, a general cervix monitoring mode of operation, an infection mode of operation and or service),
a first set of targets associated with one or more physiological metrics acquired via the one or more sensors of the wearable ring device when the user is in a non-pregnant state and a first set of messages associated with the one or more physiological metrics, based at least in part on the physiological data acquired via the one or more sensors of the wearable ring device, wherein the first set of targets and the first set of messages provide health-related guidance for the user in the non-pregnant state (Rakshit: [0065] “smart ring device;” [0072] “The sensor devices 210 include one or more sensors (e.g., movement sensors, object sensors, biometric sensors, accelerometers, etc.), cameras, audio input devices, Internet of Things (IoT) devices, etc.” Bennett: Fig. 4; [0193] “a mode of operation for predicting and displaying an optimal time for impregnation;” [0173] “The Internet based system, geographically remote intravaginal monitoring devices [or rather the smart ring device per Rakshit] further consists of an imager for imaging and tracking clinically relevant changes related to an ovulation event and or the lack thereof to obtain imaged and tracked data, and temperature sensing and tracking capability to obtain sensed and tracked data, the image and tracked data being optionally correlated to the sensed and tracked data to obtain a fertility profile. … presenting the fertility profile on a remote device.” The health-related guidance is to attempt to become impregnated during the identified optimal time if pregnancy is desired.).
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 method of Rakshit to include physiological targets when a user is in a non-pregnant state as disclosed in Bennett to provide for a way for a woman to readily know about the status of her reproductive health and fertility from the comfort of her own home (Bennett [0019, 0173]).
While, the combination of Rakshit/Bennett includes the user selecting a pregnancy mode, may be interpreted to be an indication of pregnancy (Bennett: [0047] “the menu includes … a pregnancy mode of operation and or service”), Cline is incorporated to more explicitly disclose user input comprising an indication of the user being in a pregnant state. Cline teaches devices, systems and methods that enable and make assessments related to pregnancy.
Cline discloses receiving, via the user device, a user input comprising an indication of the user being in a pregnant state (Cline: [0079] "The pregnancy monitoring system may integrate clinical data, such as gestational age, number of fetuses, body mass index of the mother, parity of the mother, whether the mother has had previous preterm deliveries, cervical remodeling [including measures of cervical length, softness, ripening, and/or effacement], maternal respiration rate, maternal heart rate, and/or fetal heart rate into the assessment of the likelihood of labor and/or delivery within a specified length of time or before a specified gestational age. For example, a patient, patient's physician, or other person may enter said clinical data into an electronic interface, such as a smartphone 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 combination of Rakshit/Bennett to include user input indicating the user being pregnant as disclosed in Cline to adjust pregnancy assessment parameters for more accurate tracking and notification of pregnancy and labor-related status (Cline [0079, 0083]).).
The combination of Rakshit/Bennett/Cline discloses:
identifying a trigger to transition from the first operational mode to a second operational mode of the application based at least in part on receiving the indication (Rakshit: [0065] “smart ring device;” Bennett: [0193] “a mode of operation for predicting and displaying an optimal time for impregnation;” [0047] “The menu is provided to a medical professional, purchaser of the intravaginal device or user of the intravaginal device for the individual to select device functionality. For example, the menu includes … a pregnancy mode of operation and or service.” Cline: [0079] “a patient, patient's physician, or other person may enter said clinical data into an electronic interface, such as a smartphone application”); and
in response to identifying the trigger, adjusting the first set of targets and the first set of messages into a second set of targets associated with the one or more physiological metrics and a second set of messages associated with the one or more physiological metrics, respectively, based at least in part on the second operational mode, and providing, to the user device, the second set of targets and the second set of messages, wherein the second set of targets and the second set of messages provide health-related guidance for the user in the pregnant state, and wherein the second set of targets and the second set of messages are different from the first set of targets and the first set of messages, respectively (Bennett: [0066] “By way of example, beginning at week 28 (or earlier or later), the intravaginal device enters a mode of operation that counts and tracks the being in wombs movements, and their periodicity and or intensity. This data is used by one or more nodes of the network or the device identify potential problems. One or more nodes on the network present a kick or movement count chart, which is optionally printed.” [0067] “In the event of a pregnancy complication, the device, nodes on the network are used to track and provide alerts if there is a significant deviation in an early pattern of movement, or if there has been no movement at all. For example, there is an alert sent where the movements of the being in womb decrease to fewer than 10 movements within a two hour period of time.” [0068] “Various forms of data are harvested automatically by the intravaginal device or entered onto one or more nodes of the network in one mode of operation, and processed to provide a prebirth timeline, and to provide a prediction as to the timing of the birthing event.” Cline: [0083] “Transitioning to the active monitoring state may involve enabling notifications that were not enabled in the baseline assessment state. In some embodiments, when the pregnancy monitoring system is operating in the active monitoring state and detects a contraction, the pregnancy monitoring system may determine the likelihood of a labor-related status based on comparison of the contraction to one or more contraction detected in the baseline assessment state; if the likelihood is determined to be above a threshold, a notification may be delivered. The term baseline assessment mode may be used to describe the baseline assessment state; the term active monitoring mode may be used to describe the active monitoring state.”).
Regarding claim 4, the combination of Rakshit/Bennett/Cline discloses the method of claim 1, further comprising:
identifying a second trigger to transition away from the second operational mode (Bennett: [0156] “The program and operational logic 1993 [of the memory 1981] consist of operating instructions that direct the processing circuitry 1941 in carrying out the various independent and dependent modes of operation. Moreover, the program and operation logic 1993 defines processes for the selection from the plurality of modes and switching there between… responding to the user input devices 1965 and to incoming control signals from external supporting computing devices.”);
transitioning from the second operational mode to a third operational mode of the application associated with the wearable ring device that is associated with the user based at least in part on the second trigger (Rakshit: [0065] “smart ring device;” Bennett: [0193] “a pregnancy mode of operation and or service [Cline’s [0083] “active monitoring mode”] being the second operational mode; [0192] “a mode of operation effected once a threshold of a value has been met;” [0193] “a mode of operation for monitoring and/or logging impregnation, a birthing process, and/or a post birthing process” being the third operational mode), wherein the third operational mode comprises an intermediary mode for transitioning from the second operational mode to the first operational mode (Cline: [0069] “In some cases, said device wakes from said sleep mode to check for said predetermined input and/or trigger; in some cases, said predetermined input and/or trigger triggers waking from sleep mode. After said predetermined sensor input is obtained, said device in some cases automatically enters the mode for monitoring the patient's pregnancy, and/or in some cases enters a mode of preparation and/or readiness for calibration and/or syncing with other components of the pregnancy monitoring system, and/or in some cases enters a different state in a state machine [including Bennett’s non-pregnant mode [0193] “a mode of operation for predicting and displaying an optimal time for impregnation”].”);
and providing, to the user device based at least in part on transitioning to the third operational mode, a third set of targets associated with the one or more physiological metrics and a third set of messages associated with the one or more physiological metrics that are adjusted for postpartum and different from the second set of targets and the second set of messages associated with the one or more physiological metrics based at least in part on the third operational mode (Bennett: [0183] The abovementioned Internet based system further consists of a an event monitoring mode of operation, which may include … a post birth event;” [0193] “a mode of operation for monitoring and/or logging impregnation, a birthing process, and/or a post birthing process” [0192] “intravaginal monitoring devices, each of the devices consisting of a data capture system; the data capture system consists of one or more the following, alone or in combination; … (2) a system for determining a change in volume of blood flow; … (8) a mode of operation effected once a threshold of a value has been met; … (11) a warning concerning a gynecological abnormality; … (14) a warning concerning an event associated with an infection.” [0071] “Post labor the network and modes of operation provide for a management system for post partum depression through the social network site established during the pregnancy, which may optionally include friends and a support group, during the birth, or post birth. In another variant, one or more nodes on the network include social network functionality, e.g. a link or group on Facebook.TM., a link to Twitter.TM., Skye.TM. or other type of Internet based portal. It is also appreciated that these portals are used in another variant of the invention to communicate data collected by the intravaginal device, and or reports or associated documentation or data, including images to groups on these portals.”).
Regarding claim 5, the combination of Rakshit/Bennett/Cline discloses the method of claim 4, wherein identifying the second trigger comprises: receiving, via the user device, a user input comprising an indication that the user is in a postpartum state (Bennett: [0156] “selection from the plurality of modes and switching there between… responding to the user input devices 1965 and to incoming control signals from external supporting computing devices”; [0071] “Post labor the network and modes of operation provide for a management system for post partum depression through the social network site established during the pregnancy”).
Regarding claim 6, the combination of Rakshit/Bennett/Cline discloses the method of claim 4, further comprising:
identifying a third trigger (Bennett: [0053] “As miscarriage involves a process and stages all of these are monitored using the device and network of the present invention in one mode of operation. For example, in threatened miscarriage, the device harvests data and the network processes data … An alert is sent that miscarriage may be inevitable when there is harvesting of dilation data and or effacement of the cervix data, and/or data indicative of a rupture of the membranes [trigger]”) to transition from the third operational mode ([0193] “a mode of operation for monitoring and/or logging impregnation, a birthing process, and/or a post birthing process) to the first operational mode (Bennett: [0193] “a mode of operation for predicting and displaying an optimal time for impregnation;” Cline: [0083] “baseline assessment state”); transitioning from the third operational mode to the first operational mode based at least in part on the third trigger (Cline: [0069] “After said predetermined sensor input is obtained, said device in some cases automatically enters the mode for monitoring the patient's pregnancy, and/or in some cases enters a mode of preparation and/or readiness for calibration and/or syncing with other components of the pregnancy monitoring system, and/or in some cases enters a different state in a state machine.” Bennett: [0193] “a mode of operation for predicting and displaying an optimal time for impregnation;” [0192] “a mode of operation effected once a threshold of a value has been met”);
and providing, to the user device based at least in part on transitioning to the first operational mode, the first set of targets and the first set of messages based at least in part on the first operational mode (Bennett: [0193] “a mode of operation for predicting and displaying an optimal time for impregnation;” [0173] “The Internet based system, geographically remote intravaginal monitoring devices further consists of an imager for imaging and tracking clinically relevant changes related to an ovulation event and or the lack thereof to obtain imaged and tracked data, and temperature sensing and tracking capability to obtain sensed and tracked data, the image and tracked data being optionally correlated to the sensed and tracked data to obtain a fertility profile.” Cline: [0083] “the pregnancy monitoring system may initially gather data regarding uterine activity as part of a baseline assessment state;” [0084] “a notification delivery system in a first notification mode [baseline assessment state], and a notification manager configured to compare received uterine activity data to a threshold”).
Regarding claim 7, the combination of Rakshit/Bennett/Cline discloses the method of claim 6, wherein identifying the third trigger is based at least in part on measured physiological parameters included within the physiological data that indicate the user is no longer in the pregnant state (Bennett: [0053] “As miscarriage involves a process and stages all of these are monitored using the device and network of the present invention in one mode of operation. For example, in threatened miscarriage, the device harvests data and the network processes data … An alert is sent that miscarriage may be inevitable when there is harvesting of dilation data and or effacement of the cervix data, and/or data indicative of a rupture of the membranes”).
Regarding claim 8, the combination of Rakshit/Bennett/Cline discloses the method of claim 4, wherein the first operational mode comprises a non-pregnant mode (Bennett: [0193] “a mode of operation for predicting and displaying an optimal time for impregnation”), the second operational mode comprises a pregnancy mode (Bennett: [0193] “a pregnancy mode of operation and or service”; Cline: [0083] “active monitoring mode”), and the third operational mode comprises a postpartum mode (Bennett: [0193] “a mode of operation for monitoring and/or logging impregnation, a birthing process, and/or a post birthing process”).
Regarding claim 9, the combination of Rakshit/Bennett/Cline discloses the method of claim 1, further comprising:
identifying a second trigger to transition away from the second operational mode; transitioning from the second operational mode to the first operational mode based at least in part on the second trigger (Cline: [0129] “one of said components may identify whether the other component is available for communication by periodically transmitting a preset signal and wait a predetermined time for a predetermined response sequence. If a said response is received, communications may begin; otherwise, said initiating component may enter a sleep mode”; [0069] temperature, removal of an adhesive backer, removal from a sealed pouch, impedance between electrodes, insertion of a battery, and/or presence of a cardiac signal, or another predetermined input and/or trigger … [results in] waking from sleep mode. After said predetermined sensor input is obtained, said device in some cases automatically enters the mode for monitoring the patient's pregnancy, and/or in some cases enters a mode of preparation and/or readiness for calibration and/or syncing with other components of the pregnancy monitoring system, and/or in some cases enters a different state in a state machine.” Bennett: [0192] “a mode of operation effected once a threshold of a value has been met”);
and providing, to the user device based at least in part on transitioning to the first operational mode, the first set of targets and the first set of messages based at least in part on the first operational mode (Bennet: [0193] “a mode of operation for predicting and displaying an optimal time for impregnation;” [0173] “The Internet based system, geographically remote intravaginal monitoring devices further consists of an imager for imaging and tracking clinically relevant changes related to an ovulation event and or the lack thereof to obtain imaged and tracked data, and temperature sensing and tracking capability to obtain sensed and tracked data, the image and tracked data being optionally correlated to the sensed and tracked data to obtain a fertility profile.”). Cline: [0083] “the pregnancy monitoring system may initially gather data regarding uterine activity as part of a baseline assessment state”; [0084] a notification delivery system in a first notification mode [baseline assessment state], and a notification manager configured to compare received uterine activity data to a threshold).
Regarding claim 10, the combination of Rakshit/Bennett/Cline discloses the method of claim 1, wherein the physiological data comprises temperature data (Cline: [0081] “the pregnancy monitoring system may collect and use one or more of the following: … maternal skin temperature … The system may deliver said data to the patient and/or the patient's physician, as well as derived metrics including frequency and trends in occurrence.”), the method further comprising:
identifying that the temperature data satisfies a temperature threshold for the user, wherein identifying the trigger is based at least in part on the temperature data satisfying the temperature threshold for the user (Cline: [0069] “temperature, … or another predetermined input and/or trigger is used to determine whether said device has been placed on the patient's belly and/or will soon be put into use. In some cases, said device wakes from said sleep mode to check for said predetermined input and/or trigger; in some cases, said predetermined input and/or trigger triggers waking from sleep mode. After said predetermined sensor input is obtained, said device in some cases automatically enters the mode for monitoring the patient's pregnancy, and/or in some cases enters a mode of preparation and/or readiness for calibration and/or syncing with other components of the pregnancy monitoring system, and/or in some cases enters a different state in a state machine.” Bennett: [0192] “a mode of operation effected once a threshold of a value has been met”).
Regarding claim 11, the combination of Rakshit/Bennett/Cline discloses the method of claim 1, wherein the first operational mode comprises a non-pregnant mode and the second operational mode comprises a pregnancy mode (Bennet: [0193] “a mode of operation for predicting and displaying an optimal time for impregnation;” [0047] “the menu includes an STD detection mode of operation and or service, an ovulation detection mode of operation or service, a rhythm method (infertility) mode of operation or service, a precancerous tissue monitoring or service, a general cervix monitoring mode of operation, an infection mode of operation and or service, a pregnancy mode of operation and or service.” Cline: “[0083] The term baseline assessment mode may be used to describe the baseline assessment state; the term active monitoring mode may be used to describe the active monitoring state.), the first set of targets comprise targets associated with the user when the user is in the non-pregnant state (Bennett: [0173] “The Internet based system, geographically remote intravaginal monitoring devices further consists of an imager for imaging and tracking clinically relevant changes related to an ovulation event and or the lack thereof to obtain imaged and tracked data, and temperature sensing and tracking capability to obtain sensed and tracked data, the image and tracked data being optionally correlated to the sensed and tracked data to obtain a fertility profile.”), the second set of targets comprise a set of adjusted targets associated with the user when the user is in the pregnant state, and the second set of messages are configured to promote the set of adjusted targets (Cline: [0083] “Transitioning to the active monitoring state may involve enabling notifications that were not enabled in the baseline assessment state. In some embodiments, when the pregnancy monitoring system is operating in the active monitoring state and detects a contraction, the pregnancy monitoring system may determine the likelihood of a labor-related status based on comparison of the contraction to one or more contraction detected in the baseline assessment state; if the likelihood is determined to be above a threshold, a notification may be delivered.” Bennett: [0066] “By way of example, beginning at week 28 (or earlier or later), the intravaginal device enters a mode of operation that counts and tracks the being in wombs movements, and their periodicity and or intensity. This data is used by one or more nodes of the network or the device identify potential problems. One or more nodes on the network present a kick or movement count chart, which is optionally printed.” [0067] “In the event of a pregnancy complication, the device, nodes on the network are used to track and provide alerts if there is a significant deviation in an early pattern of movement, or if there has been no movement at all. For example, there is an alert sent where the movements of the being in womb decrease to fewer than 10 movements within a two hour period of time.”).
Regarding claim 12, the combination of Rakshit/Bennett/Cline discloses the method of claim 1, further comprising:
receiving, via the user device, a user input comprising a date of a user's last menstrual cycle, an estimated date of conception, a date of a first positive pregnancy test, an estimated due date, an actual birth date, or a combination thereof, wherein identifying the trigger is based at least in part on receiving the user input (Cline: [0079] “The pregnancy monitoring system may integrate clinical data, such as gestational age [inherently based on the date of the last menstrual cycle and is directly related to estimated date of conception, a date of a first positive pregnancy test, an estimated due date/projected birth date] … into the assessment of the likelihood of labor and/or delivery within a specified length of time or before a specified gestational age. For example, a patient, patient's physician, or other person may enter said clinical data into an electronic interface, such as a smartphone application.”).
Regarding claim 13, the combination of Rakshit/Bennett/Cline discloses the method of claim 1, further comprising:
causing a graphical user interface of the user device to display pregnancy symptom tags based at least in part on the second operational mode (Cline: [0079] “the pregnancy monitoring system may contain means for assessing parameters such as maternal respiration rate … maternal heart rate … fetal heart rate … maternal stress …, maternal temperature …, maternal posture …, maternal activity …, maternal steps taken … and/or maternal fluid status. Parameters such as these may displayed to the pregnant woman and/or to another user, and/or status regarding parameters such as these may be reported via a notification. For example, a daily step count of the pregnant woman may be derived from data collected with an accelerometer that is part of the data acquisition device, and the daily step count may be displayed to the pregnant woman on the patient interface device.”).
Regarding claim 14, the combination of Rakshit/Bennett/Cline discloses the method of claim 1, further comprising:
causing a graphical user interface of the user device to display the second set of targets and the second set of messages that are adjusted for pregnancy based at least in part on the second operational mode (Cline: [0007] “the labor-related status may comprise one or more of the following: absence of true labor, presence of true labor, onset of true labor, predicted amount of time until onset of true labor, predicted amount of time until the delivery of an infant, and delivery of an infant. In some embodiments, delivery of the notification may be automated. … the notification may comprise one or more of the following: a text message, an electronic mail, a message within a smartphone application, a social media notification, and a phone call. [0047] Said patient interface device may comprise the pregnant woman's cellular telephone [0049] Assessment of data (for example to determine the likelihood of delivery) and determination of whether notification (for example of the pregnant woman and/or her physician) is necessary may be performed by the data acquisition device, and/or the patient interface device. Said assessment and determination to generate a notification may be conducted in an automated of semi-automated process).
Regarding claim 17, the combination of Rakshit/Bennett/Cline discloses the method of claim 1, wherein the one or more physiological metrics comprise one or more sleep metrics (Cline: [0081] “the pregnancy monitoring system may collect and use one or more of the following: fetal sleep or wakefulness status; maternal sleep or wakefulness status… The system may deliver said data to the patient and/or the patient's physician, as well as derived metrics including frequency and trends in occurrence.”).
Regarding claim 19, Rakshit teaches an apparatus (Fig. 1; Fig. 5, sensor devices 210; [0065] “smart ring device”), comprising: a processor; memory coupled with the processor; and instructions stored in the memory and executable by the processor ([0005] “a system includes: a processor, a computer readable memory and a computer readable storage medium associated with a computing device; program instructions to determine, based on sensor data gathered by one or more sensor devices”) to cause the apparatus to:
acquire, via one or more sensors of a wearable ring device configured to be worn by a user, physiological data associated with the user ([0065] “gathering sensor data of participants (e.g., pregnant women) wearing various types of wearable sensor devices (e.g., smart watches/ring/eyewear, electronic tattoos, smart clothing, etc.)… smart ring devices”);
receive, via a transceiver of a user device and from the wearable ring device, physiological data associated with the user ([0064] “As shown in FIG. 4, movement/kick patterns of an unborn child are determined from sensor data (e.g., from sensor devices, such as those implemented in wearable computing devices worn by a mother of the unborn child). The sensor data, combined with data from a knowledge corpus, is used to make a health-related prediction regarding the unborn child (e.g., a prediction of possible hearing loss in the unborn child)”).
However, Rakshit fails to disclose physiological targets when a user is in a non-pregnant state. Bennett teaches intravaginal monitoring devices, supporting networks, web services, modes of operation of the devices and networks, and processing of data harvested by an intravaginal device and communication to the network.
The combination of Rakshit/Bennett discloses:
provide, to the user device and in accordance with a first operational mode of an application associated with the wearable ring device (Rakshit: [0065] “smart ring device;” Bennett: [0047] “server 173 or other network node includes a select service mode of operation, which provides various functionalities on device 115 … For example, the menu includes an STD detection mode of operation and or service, an ovulation detection mode of operation or service, a rhythm method (infertility) mode of operation or service, a precancerous tissue monitoring or service, a general cervix monitoring mode of operation, an infection mode of operation and or service),
a first set of targets associated with one or more physiological metrics acquired via the one or more sensors of the wearable ring device when the user is in a non-pregnant state and a first set of messages associated with the one or more physiological metrics, based at least in part on the physiological data acquired via the one or more sensors of the wearable ring device, wherein the first set of targets and the first set of messages provide health-related guidance for the user in the non-pregnant state (Rakshit: [0065] “smart ring device;” [0072] “The sensor devices 210 include one or more sensors (e.g., movement sensors, object sensors, biometric sensors, accelerometers, etc.), cameras, audio input devices, Internet of Things (IoT) devices, etc.” Bennett: Fig. 4; [0193] “a mode of operation for predicting and displaying an optimal time for impregnation;” [0173] “The Internet based system, geographically remote intravaginal monitoring devices [or rather the smart ring device per Rakshit] further consists of an imager for imaging and tracking clinically relevant changes related to an ovulation event and or the lack thereof to obtain imaged and tracked data, and temperature sensing and tracking capability to obtain sensed and tracked data, the image and tracked data being optionally correlated to the sensed and tracked data to obtain a fertility profile. … presenting the fertility profile on a remote device.” The health-related guidance is to attempt to become impregnated during the identified optimal time if pregnancy is desired”).
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 method of Rakshit to include physiological targets when a user is in a non-pregnant state as disclosed in Bennett to provide for a way for a woman to readily know about the status of her reproductive health and fertility from the comfort of her own home (Bennett [0019, 0173]).
While, the combination of Rakshit/Bennett includes the user selecting a pregnancy mode, may be interpreted to be an indication of pregnancy (Bennett: [0047] “the menu includes … a pregnancy mode of operation and or service”), Cline is incorporated to more explicitly disclose user input comprising an indication of the user being in a pregnant state. Cline teaches devices, systems and methods that enable and make assessments related to pregnancy.
Cline discloses receive, via the user device, a user input comprising an indication of the user being in a pregnant state ([0079] “The pregnancy monitoring system may integrate clinical data, such as gestational age, number of fetuses, body mass index of the mother, parity of the mother, whether the mother has had previous preterm deliveries, cervical remodeling [including measures of cervical length, softness, ripening, and/or effacement], maternal respiration rate, maternal heart rate, and/or fetal heart rate into the assessment of the likelihood of labor and/or delivery within a specified length of time or before a specified gestational age. For example, a patient, patient's physician, or other person may enter said clinical data into an electronic interface, such as a smartphone 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 combination of Rakshit/Bennett to include user input indicating the user being pregnant as disclosed in Cline to adjust pregnancy assessment parameters for more accurate tracking and notification of pregnancy and labor-related status (Cline [0079, 0083]).
The combination of Rakshit/Bennett/Cline discloses:
identify a trigger to transition from the first operational mode to a second operational mode of the application, based at least in part on receiving the indication (Rakshit: [0065] “smart ring device;” Bennett: [0193] “a mode of operation for predicting and displaying an optimal time for impregnation;” [0047] “The menu is provided to a medical professional, purchaser of the intravaginal device or user of the intravaginal device for the individual to select device functionality. For example, the menu includes an STD detection mode of operation and or service, an ovulation detection mode of operation or service, a rhythm method (infertility) mode of operation or service, a precancerous tissue monitoring or service, a general cervix monitoring mode of operation, an infection mode of operation and or service, a pregnancy mode of operation and or service.” Cline: [0083] “In some embodiments, the pregnancy monitoring system makes at least one transition between states as part of operation … the pregnancy monitoring system may initially gather data regarding uterine activity as part of a baseline assessment state. After gathering a sufficient amount of baseline data, the system may transition to an active monitoring state.” [0079] “The pregnancy monitoring system may integrate clinical data, … [via] a smartphone application.”); and
in response to identifying the trigger, adjusting the first set of targets and the first set of messages into a second set of targets associated with the one or more physiological metrics and a second set of messages associated with the one or more physiological metrics, respectively, based at least in part on the second operational mode, and providing, to the user device, the second set of targets and the second set of messages, wherein the second set of targets and the second set of messages provide health-related guidance for the user in the pregnant state, and wherein the second set of targets and the second set of messages are different from the first set of targets and the first set of messages, respectively (Bennett: [0066] “By way of example, beginning at week 28 (or earlier or later), the intravaginal device enters a mode of operation that counts and tracks the being in wombs movements, and their periodicity and or intensity. This data is used by one or more nodes of the network or the device identify potential problems. One or more nodes on the network present a kick or movement count chart, which is optionally printed.” [0067] “In the event of a pregnancy complication, the device, nodes on the network are used to track and provide alerts if there is a significant deviation in an early pattern of movement, or if there has been no movement at all. For example, there is an alert sent where the movements of the being in womb decrease to fewer than 10 movements within a two hour period of time.” [0068] “Various forms of data are harvested automatically by the intravaginal device or entered onto one or more nodes of the network in one mode of operation, and processed to provide a prebirth timeline, and to provide a prediction as to the timing of the birthing event.” Cline: [0083] “Transitioning to the active monitoring state may involve enabling notifications that were not enabled in the baseline assessment state. In some embodiments, when the pregnancy monitoring system is operating in the active monitoring state and detects a contraction, the pregnancy monitoring system may determine the likelihood of a labor-related status based on comparison of the contraction to one or more contraction detected in the baseline assessment state; if the likelihood is determined to be above a threshold, a notification may be delivered. The term baseline assessment mode may be used to describe the baseline assessment state; the term active monitoring mode may be used to describe the active monitoring state.”).
Regarding claim 20, Cline teaches a non-transitory computer-readable medium storing code, the code comprising instructions executable by a processor ([0005] “a system includes: a processor, a computer readable memory and a computer readable storage medium associated with a computing device; program instructions to determine, based on sensor data gathered by one or more sensor devices;” Fig. 1; Fig. 5) to:
acquire, via one or more sensors of a wearable ring device configured to be worn by a user, physiological data associated with the user ([0065] “gathering sensor data of participants (e.g., pregnant women) wearing various types of wearable sensor devices (e.g., smart watches/ring/eyewear, electronic tattoos, smart clothing, etc.)… smart ring devices”);
receive, via a transceiver of a user device and from the wearable ring device, physiological data associated with the user ([0064] “As shown in FIG. 4, movement/kick patterns of an unborn child are determined from sensor data (e.g., from sensor devices, such as those implemented in wearable computing devices worn by a mother of the unborn child). The sensor data, combined with data from a knowledge corpus, is used to make a health-related prediction regarding the unborn child (e.g., a prediction of possible hearing loss in the unborn child)”).
However, Rakshit fails to disclose physiological targets when a user is in a non-pregnant state. Bennett teaches intravaginal monitoring devices, supporting networks, web services, modes of operation of the devices and networks, and processing of data harvested by an intravaginal device and communication to the network.
The combination of Rakshit/Bennett discloses:
provide, to the user device and in accordance with a first operational mode of an application associated with the wearable ring device (Rakshit: [0065] “smart ring device;” Bennett: [0047] “server 173 or other network node includes a select service mode of operation, which provides various functionalities on device 115 … For example, the menu includes an STD detection mode of operation and or service, an ovulation detection mode of operation or service, a rhythm method (infertility) mode of operation or service, a precancerous tissue monitoring or service, a general cervix monitoring mode of operation, an infection mode of operation and or service),
a first set of targets associated with one or more physiological metrics acquired via the one or more sensors of the wearable ring device when the user is in a non-pregnant state and a first set of messages associated with the one or more physiological metrics, based at least in part on the physiological data acquired via the one or more sensors of the wearable ring device, wherein the first set of targets and the first set of messages provide health-related guidance for the user in the non-pregnant state (Rakshit: [0065] “smart ring device;” [0072] “The sensor devices 210 include one or more sensors (e.g., movement sensors, object sensors, biometric sensors, accelerometers, etc.), cameras, audio input devices, Internet of Things (IoT) devices, etc.” Bennett: Fig. 4; [0193] “a mode of operation for predicting and displaying an optimal time for impregnation;” [0173] “The Internet based system, geographically remote intravaginal monitoring devices [or rather the smart ring device per Rakshit] further consists of an imager for imaging and tracking clinically relevant changes related to an ovulation event and or the lack thereof to obtain imaged and tracked data, and temperature sensing and tracking capability to obtain sensed and tracked data, the image and tracked data being optionally correlated to the sensed and tracked data to obtain a fertility profile. … presenting the fertility profile on a remote device.” The health-related guidance is to attempt to become impregnated during the identified optimal time if pregnancy is desired”).
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 method of Rakshit to include physiological targets when a user is in a non-pregnant state as disclosed in Bennett to provide for a way for a woman to readily know about the status of her reproductive health and fertility from the comfort of her own home (Bennett [0019, 0173]).
While, the combination of Rakshit/Bennett includes the user selecting a pregnancy mode, may be interpreted to be an indication of pregnancy (Bennett: [0047] “the menu includes … a pregnancy mode of operation and or service”), Cline is incorporated to more explicitly disclose user input comprising an indication of the user being in a pregnant state. Cline teaches devices, systems and methods that enable and make assessments related to pregnancy.
Cline discloses receive, via the user device, a user input comprising an indication of the user being in a pregnant state ([0079] “The pregnancy monitoring system may integrate clinical data, such as gestational age, number of fetuses, body mass index of the mother, parity of the mother, whether the mother has had previous preterm deliveries, cervical remodeling [including measures of cervical length, softness, ripening, and/or effacement], maternal respiration rate, maternal heart rate, and/or fetal heart rate into the assessment of the likelihood of labor and/or delivery within a specified length of time or before a specified gestational age. For example, a patient, patient's physician, or other person may enter said clinical data into an electronic interface, such as a smartphone 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 combination of Rakshit/Bennett to include user input indicating the user being pregnant as disclosed in Cline to adjust pregnancy assessment parameters for more accurate tracking and notification of pregnancy and labor-related status (Cline [0079, 0083]).
The combination of Rakshit/Bennett/Cline discloses:
identify a trigger to transition from the first operational mode to a second operational mode of the application, based at least in part on receiving the indication (Rakshit: [0065] “smart ring device;” Bennett: [0193] “a mode of operation for predicting and displaying an optimal time for impregnation;” [0047] “The menu is provided to a medical professional, purchaser of the intravaginal device or user of the intravaginal device for the individual to select device functionality. For example, the menu includes an STD detection mode of operation and or service, an ovulation detection mode of operation or service, a rhythm method (infertility) mode of operation or service, a precancerous tissue monitoring or service, a general cervix monitoring mode of operation, an infection mode of operation and or service, a pregnancy mode of operation and or service.” Cline: [0083] “In some embodiments, the pregnancy monitoring system makes at least one transition between states as part of operation … the pregnancy monitoring system may initially gather data regarding uterine activity as part of a baseline assessment state. After gathering a sufficient amount of baseline data, the system may transition to an active monitoring state.” [0079] “The pregnancy monitoring system may integrate clinical data, … [via] a smartphone application.”); and
in response to identifying the trigger, adjust the first set of targets and the first set of messages into a second set of targets associated with the one or more physiological metrics and a second set of messages associated with the one or more physiological metrics, respectively, based at least in part on the second operational mode, and provide, to the user device, the second set of targets and the second set of messages, wherein the second set of targets and the second set of messages provide health-related guidance for the user in the pregnant state, and wherein the second set of targets and the second set of messages are different from the first set of targets and the first set of messages, respectively (Bennett: [0066] “By way of example, beginning at week 28 (or earlier or later), the intravaginal device enters a mode of operation that counts and tracks the being in wombs movements, and their periodicity and or intensity. This data is used by one or more nodes of the network or the device identify potential problems. One or more nodes on the network present a kick or movement count chart, which is optionally printed.” [0067] “In the event of a pregnancy complication, the device, nodes on the network are used to track and provide alerts if there is a significant deviation in an early pattern of movement, or if there has been no movement at all. For example, there is an alert sent where the movements of the being in womb decrease to fewer than 10 movements within a two hour period of time.” [0068] “Various forms of data are harvested automatically by the intravaginal device or entered onto one or more nodes of the network in one mode of operation, and processed to provide a prebirth timeline, and to provide a prediction as to the timing of the birthing event.” Cline: [0083] “Transitioning to the active monitoring state may involve enabling notifications that were not enabled in the baseline assessment state. In some embodiments, when the pregnancy monitoring system is operating in the active monitoring state and detects a contraction, the pregnancy monitoring system may determine the likelihood of a labor-related status based on comparison of the contraction to one or more contraction detected in the baseline assessment state; if the likelihood is determined to be above a threshold, a notification may be delivered. The term baseline assessment mode may be used to describe the baseline assessment state; the term active monitoring mode may be used to describe the active monitoring state.”).
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Rakshit (US 20200155058 A1) in view of Cline (US 20160331299 A1) and Bennett (US 20110190595 A1), and in further view of Neumann (US 20210241133 A1).
Regarding claim 15, the combination of Rakshit/Bennett/Cline discloses the method of claim 14, wherein the second set of messages (Cline: [0003] notifying one or more persons on the register may involve delivering to one or more persons on the register, one or more of the following: a text message, an electronic mail, a message within a smartphone application, a social media notification, a phone call).
However the combination of Rakshit/Bennett/Cline fails to disclose recommendations and educational content associated with pregnancy.
Neumann teaches a system for physiologically informed gestational inquiries. Neumann discloses further comprise trimester-specific physiological insights associated with pregnancy, a recommended wake time during which the user wakes up, a recommended bedtime during which the user goes to sleep, a recommended sleep duration, a recommended time of day during with the user rests, a request to input symptoms associated with pregnancy, educational content associated with pregnancy, or a combination thereof ([0021] “A ‘gestational inquiry,’ as used in this disclosure, is data containing any advice sought and/or question relating to any gestational phase. A gestational inquiry 128 may contain an inquiry related to any gestational phase including advice sought [educational content associated with pregnancy] regarding medications including both prescription and non-prescription medications, vitamins, and supplements; pets; household products; fitness; chemicals; food consumption and food recommendations; alcohol consumption and alcohol recommendations; use of cosmetics; building materials such as paint; activities such as sports, leisure time activities [sleep/wake/rest recommendations]; medical treatments; exposure to environmental toxins; travel including travel by cars, planes, trains, boats, and the like. … In yet another non-limiting example a gestational inquiry 128 may seek advice about what types of medical treatments are safe to be performed during a user's third trimester [trimester-specific physiological insights associated with pregnancy”]; [0088] “For instance and without limitation, computing device 104 may determine that hair dye is not suitable for a user in the first trimester or the second trimester but is suitable in the third trimester and in the postpartum phase”; [0047] “With continuing reference to FIG. 1, physiological state data may include one or more user-entered descriptions of a person's physiological state. One or more user-entered descriptions may include, without limitation, user descriptions of symptoms [request to input symptoms associated with pregnancy”]).
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 method of Cline to include insights and symptoms associated with pregnancy as disclosed in Neumann to provide users with the ability to determine if products and services are safe/compatible with the user based on the gestational phase of the user (Neumann [0002]).
Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over Rakshit (US 20200155058 A1) in view of Bennett (US 20110190595 A1) and Cline (US 20160331299 A1), and in further view of Altini (US 20170224268 A1).
Regarding claim 16, the combination of Rakshit/Bennett/Cline discloses the method of claim 1. However, the combination of Rakshit/Bennett/Cline fails to disclose a machine learning classifier.
Altini teaches systems and methods for monitoring the onset or occurrence of labor contractions and detecting or estimating labor in a pregnant female. Altini discloses further comprising: inputting the physiological data into a machine learning classifier ([0070] “analyzing the parameter of interest includes feeding the parameter into a machine learning model or algorithm trained to detect labor. The machine learning model or algorithm may be trained to detect labor based on past physiological data and recorded experiences provided by past users of the system”).
The combination of Rakshit/Bennett/Cline/Altini further discloses wherein providing, to the user device, the second set of targets and the second set of messages (Bennett: [0066] “counts and tracks the being in wombs movements, and their periodicity and or intensity. This data is used by one or more nodes of the network or the device identify potential problems. One or more nodes on the network present a kick or movement count chart, which is optionally printed.” [0068] “Various forms of data are harvested automatically by the intravaginal device or entered onto one or more nodes of the network in one mode of operation, and processed to provide a prebirth timeline, and to provide a prediction as to the timing of the birthing event.” Cline: [0083] “when the pregnancy monitoring system is operating in the active monitoring state and detects a contraction, the pregnancy monitoring system may determine the likelihood of a labor-related status based on comparison of the contraction to one or more contraction detected in the baseline assessment state; if the likelihood is determined to be above a threshold, a notification may be delivered”) is based at least in part on inputting the physiological data into the machine learning classifier (Altini: [0070] “analyzing the parameter of interest includes feeding the parameter into a machine learning model or algorithm trained to detect labor”).
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 combination of Rakshit/Bennett/Cline to include a machine learning classifier as disclosed in Altini to mine through vast quantities of data to identify common trends, rules, or correlations and compare recorded data to observed outcomes to identify patterns that can be used to predict or identify labor (Altini [0070]).
Claim(s) 21 is rejected under 35 U.S.C. 103 as being unpatentable over Rakshit (US 20200155058 A1) in view of Bennett (US 20110190595 A1) and Cline (US 20160331299 A1), and in further view of Karchmer (US 20200043609 A1) and Dugan (US 20210077010 A1).
Regarding claim 21, the combination of Rakshit/Bennett/Cline discloses the method of claim 1. However, the combination of Rakshit/Bennett/Cline fails to disclose sleep guidance or activity guidance for the user in the non-pregnant or pregnant states.
Karchmer teaches discloses software programs, systems and methods for increasing the chances of users conception by maximizing the user's fertility potential. Karchmer discloses wherein the health-related guidance for the user in the non-pregnant state comprises at least one of sleep guidance or activity guidance for the user in the non-pregnant state (Karchmer: [0088] “The Conceivable Software Program may also have the ability to take the aggregated data and makes a customized wellness program that includes sleep, hydration, and nutrition specifically designed according to the users underlying causes or issues around their infertility.”).
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 combination of Rakshit/Bennett/Cline to include sleep guidance as disclosed in Karchmer because factors like hydration, sleep and diet are the most important things user can control to improve their fertility (Karchmer [0012]). However, the combination of Rakshit/Bennett/Cline/Karchmer fails to disclose sleep or activity guidance for the user in the pregnant state.
Dugan teaches systems and methods relate to tracking abdominal orientation and activity for purposes of preventing or treating conditions of pregnancy. Dugan discloses and wherein the health-related guidance for the user in the pregnant state comprises at least one of sleep guidance, activity guidance, or rest and recovery guidance for the user in the pregnant state (Dugan: [0235] “For example, a display may display risk scores, orientations, activity levels, etc. to a user. Optionally, the device could provide specific verbal advice regarding body orientation or medication needs, for example, “don't lean back so far.” Additionally or alternatively, light indicators may provide feedback. For example, light indicators may be a row of five lights that progressively light up to provide a warning to a user. Optionally, the light indicators 24 may provide various color outputs for different degrees of warning (e.g., green, yellow, red, etc.), or may signal power status, battery status or connectivity status. A variety of vibration intensities or audio volumes might be used depending on user position.” [0400] “As shown in FIGS. 17-19, in certain embodiments, the signal data is analyzed over days, weeks or months to capture the dynamic changes in sleep disordered breathing rather than the absolute values. In one embodiment, risk scores or alerts are generated when either the changes become significant, the absolute values become significant, or a combination of both. In one example, the absolute snoring values may not reach a critical threshold level; however, since they have increased dramatically from the original values, a warning may be generated. In some conditions, especially pregnancy, sleep disordered breathing prevalence increases dramatically compared to pre-pregnancy levels. In one embodiment, the system analyzes the change in sleep disordered breathing levels in order to identify users that are likely to soon cross the critical threshold level that is considered clinically significant and requires some intervention.”).
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 combination of Rakshit/Bennett/Cline/Karchmer to include sleep, activity, and rest guidance as disclosed in Dugan because sleep disordered breathing, snoring, and sleep apnea are highly correlated to hypertensive diseases of pregnancy such as preeclampsia, gestational diabetes, and premature birth; additionally numerous studies have now shown that women who spend significant time in reclined and supine positions have much higher rates of stillbirth and intrauterine growth restriction (Dugan [0010]).
Allowable Subject Matter
Claims 2-3 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 2 would be allowable for disclosing determining, during a first time interval corresponding to the first operational mode, one or more scores associated with the user using a first algorithm and based at least in part on the physiological data; and determining, during a second time interval corresponding to the second operational mode, the one or more scores associated with the user being in the pregnant state and using a second algorithm different from the first algorithm and based at least in part on the physiological data.
Cline describes adapting an algorithm and pregnancy assessment parameters based on input data for a specific patient; for example, updating the algorithm for a subsequent active monitoring phase based on a training phase. Dugan describes adjusting calculation of the risk and activity scores for a pregnant user based on the gestational age. However, the references fail to disclose using different algorithms to determine the one or more scores associated with the user based on whether the user is in a non-pregnant versus pregnant state.
Claim 3 would be allowable due to being dependent on claim 2.
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 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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/M.H./Examiner, Art Unit 3791
/DEVIN B HENSON/Primary Examiner, Art Unit 3791
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