DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-3, 5-10, 12-16, 19-20, and 26-28 are currently pending. Claims 19-20 are withdrawn. Claims 4, 11, 17-18, and 21-25 are canceled. As per the amendments filed on 02/02/2026, claims 1, 16, and 27 are amended. Claims 1-3, 5-10, 12-16, and 26-28 are under examination.
Response to Arguments
Applicant’s arguments, see Remarks page 9 (Rejections under 35 U.S.C. § 112), filed 02/02/2026, with respect to the 35 U.S.C. § 112(d) rejection of claim 27 have been fully considered and are persuasive because claim 27 now depends on claim 26 rather than itself. Therefore, the rejection of claim 27 is withdrawn.
Applicant’s arguments, see Remarks pages 9-12 (Rejections Under 35 U.S.C. § 103), filed 02/02/2026, with respect to the 35 U.S.C. § 103 rejections of claims 1-3, 5-10, 12-16, and 26-28 have been fully considered.
Regarding Claim 1, Applicant argues:
The Office Action has alleged that Li discloses monitoring patient activity over a time interval and predicting energy availability based on historical user activity and environmental conditions. The Office Action has further alleged that the combination of Li and Mohammad renders obvious the claimed subject matter of claim 1. The rejection is respectfully traversed. The cited references, alone or in combination, fail to disclose or suggest the limitation wherein the time interval is determined based on a frequency of care associated with a treatment schedule for the patient, as recited by claim 1 as amended. (pages 9-10, 02/02/2026 Remarks)
In contrast, Li discloses that "[b]y quantifying subject's historical lifestyle pattern (energy expenditure pattern) as well as historical temperature data, such factors may be applied into a predictive regression model that outputs optimal power scheduling." Li, paragraph [0051]. Li's time intervals are based on general user activity patterns, such as a 24-hour energy expenditure cycle, not on a frequency of care associated with a treatment schedule for the patient. While Li discloses that "in the case the user-wearable device is used for sleep apnea monitoring/ diagnosing, the sensing mode is triggered when the device detects that the user is sleeping or when suspicious events are identified," this passage describes triggering sensing based on detected user states but does not disclose determining the time interval itself based on a frequency of care associated with a treatment schedule as recited by amended claim 1. Li, paragraph [0049]. (page 10, 02/02/2026 Remarks)
Li's approach is fundamentally different from the claimed invention because Li relies on general user activity patterns and environmental conditions to predict energy harvesting, whereas claim 1, as amended, requires that the time interval for monitoring patient activity is determined based on a frequency of care associated with a treatment schedule for the patient. Mohammad addresses energy combining and power management but does not address how time intervals for monitoring patient activity are determined and does not teach that such intervals are based on a frequency of care associated with a treatment schedule. By determining the time interval based on a frequency of care associated with a treatment schedule, claim 1 as amended tailors the energy harvesting prediction and sensor operation to the specific medical care needs of the patient. Neither Li nor Mohammad, alone or in combination, discloses or suggests this limitation. (pages 10-11, 02/02/2026 Remarks)
This argument is not persuasive. The instant specification was consulted to determine the scope of the limitation:
Referring now to FIG. 6B, the method 70 may be configured to forecast and predict an energy availability from the harvesting device 24 over an extended interval (94). The interval may correspond to a periodic interval of patient activity. The length of the interval may be dependent on the specific patient and may correspond to a daily interval, a periodic care or treatment interval (e.g. an exercise frequency, monitoring frequency), or other intervals of time-related to the care or behavior of the patient and the local environment. The length of the interval may be detected based on historical reporting information stored in the memory 56 of the controller 30 or the database 44 of the system 10. [0051]
In this case, examples of a treatment schedule to determine a monitoring time interval include exercise frequency and monitoring frequency. In addition to the treatment sensing schedule in Li [0049], Li also discloses “the user-wearable device of the present disclosure may be used for diagnosing or screening of health conditions, where the user-wearable device adjusts the sensing scheduling according to user needs” and provides an example of activating sensors for monitoring or diagnosing sleep apnea during a daily sleep interval ([0051]). Therefore, Li discloses wherein the time interval is determined by the controller based on a frequency of care determined from a treatment schedule of the patient. The prior art rejection of claim 1 is maintained.
Regarding claims dependent on claim 1, Applicant argues:
Accordingly, it is respectfully submitted that amended claim 1 is patentable over Li in view of Mohammad. Claims 2-3, 5-10, 12-15, and 26-28 depend from claim 1 and are patentable
for at least the same reasons as claim 1. Claim 25 has been canceled. (page 11, 02/02/2026 Remarks)
The prior art rejections of claims 2-3, 5-10, 12-15, and 26-28 are maintained because arguments for those claims depend on arguments for claim 1, whose rejection was maintained.
Regarding Claim 16, Applicant argues:
As noted above, Li's time intervals are based on general user activity patterns, not on a frequency of care associated with a treatment schedule for the patient as recited by amended claim 16. Li teaches quantifying user energy expenditure and activity level based on energy harvesting output, but this does not disclose determining the periodic time interval based on a frequency of care associated with a treatment schedule. Li, paragraph [0048]. Mohammad addresses energy combining and power management but does not address determining time intervals based on a frequency of care associated with a treatment schedule. Brown teaches power budgeting based on past patterns and predictable future opportunities to harvest energy from the environment, such as "weather and/or day/night/seasonal patterns on a photovoltaic device," but does not disclose determining the periodic time interval based on a frequency of care associated with a treatment schedule for the patient. Brown, Column 6, Lines 53-60. Brown further addresses communication power consumption but does not teach determining the periodic time interval based on a frequency of care associated with a treatment schedule. (pages 11-12, 02/02/2026 Remarks)
The combination of Li, Mohammad, and Brown does not disclose or suggest the limitation of amended claim 16 wherein the periodic time interval is determined based on a frequency of
care associated with a treatment schedule for the patient. None of the cited references addresses tailoring the monitoring time interval to the specific medical care needs of the patient based on a treatment schedule. Accordingly, it is respectfully submitted that amended claim 16 is patentable over Li in view of Mohammad and Brown, and withdrawal of the rejections under 35 U.S.C. § 103 is respectfully requested. (page 12, 02/02/2026 Remarks)
This argument is not persuasive for the same reason stated in the response to arguments for claim 1. The prior art rejection of claim 16 is maintained.
Summary: The 35 U.S.C. § 103 rejections of claims 1-3, 5-10, 12-16, and 26-28 are maintained.
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:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 1-3, 5-10, 12-15, and 26-28 are rejected under U.S.C 103 as being unpatentable over Li (US PG Pub 2019/0000332 A1, see previously cited) in view of Mohammad (US PG Pub 2016/0211742 A1, see previously cited).
Regarding Claim 1, Li discloses a sensor apparatus configured to detect physiological parameters of a subject (Abstract), the apparatus comprising:
•at least one sensor configured to detect the at least one physiological parameter of the subject as sensor data ([0056] – “The wearable device includes a low power sensor includes at least one or more of, but is not limited to, a PPG sensor, a MEMS sensor, an ECG sensor, a bioimpedence sensor, a GSR sensor, and a piezoelectric sensor, and where the biometrics extraction includes one or more of, but is not limited to, PPG, ECG, BCG, and SCG”);
•a wireless communication circuit configured to wirelessly communicate the sensor data ([0027] – the processor receives monitored signals from the sensor module, where sensor data can be sent to the communication module to be wirelessly transmitted);
•an energy harvesting circuit comprising:
-an energy harvesting device configured to harvest ambient energy, wherein the energy harvesting device generates power at a voltage potential level from the ambient energy ([0020] - the energy harvesting module can make use of any number of harvesting modalities to generate and store energy for a self-powered device);
-at least one conditioning circuit configured to adjust the voltage potential level to a bus voltage supplied to a supply bus ([0021]); and
-a controller that receives operating power via the supply bus ([0022] – a processor controls operation of the device and is part of the elements and circuitry powered by the power bus in [0021]), wherein the controller is configured to:
- monitor patient activity of a patient over a time interval ([0048] - User energy expenditure and activity levels are quantified based on energy harvesting rates; Fig 3, [0051] – the user energy expenditure is stored for a specified time interval (given as 24 hrs)) wherein the time interval is determined by the controller based on a frequency of care determined from a treatment schedule of the patient ([0051] – “the user-wearable device of the present disclosure may be used for diagnosing or screening of health conditions, where the user-wearable device adjusts the sensing scheduling according to user needs” and provides an example of activating sensors for monitoring or diagnosing sleep apnea during a daily sleep interval);
- predict an energy availability of the power generated by the energy harvesting device over the time interval ([0051] - The past user activity and environmental conditions are used to predict future power generation);
-control an activation of the at least one sensor ([0043] – sensing vs. inactive/sleep mode);
- wherein an operating scheme for the at least one sensor is adjusted based on the energy availability predicted over the time interval ([0051] - The past user activity and environmental conditions are used to predict future power generation to adjust sensor operation), wherein the operating scheme comprises at least one of a read frequency ([0057] – sampling frequency is adjusted based on management of stored power), a communication frequency ([0027] – communication interface included but frequency is not disclosed, note only one option is necessary based on the claim language), and an awake time ([0049] – example provided for monitoring sleep apnea where some sensors only activate when patient is sleeping or when an event is detected; [0054] – example provided for monitoring abnormal heart rhythms where abnormal events trigger an ECG sensor to record). These examples would suggest the awake time for the sensors is being directed by the need to monitor specific medical conditions;
-control the wireless communication of the sensor data ([0027] – processor controls wireless communication of sensor data).
Li establishes a number of different types of energy harvesters are envisioned for use in Li’s device ([0020]). However, Li does not disclose a plurality of energy harvesting devices to be used at the same time and a conditioning circuit to regulate a plurality of voltages from each device.
Mohammad, in the same field of endeavor of regulating power to sensors from energy harvesters [0001], teaches an energy combiner to regulate the use of a plurality of energy harvesters ([0024]), where the energy harvesters have different input voltages ([0007, 0010]).
Mohammad teaches “the harvesting system 1 can be used in a wide range of applications including but not limited to health monitoring, industrial automation, smart buildings, and in remote location, where battery replacement is challenging or impossible” ([0058]) and “three types of energy harvesters will be illustrated in this application, knowingly thermal, solar and vibration, however it should be understood that other types of energy sources can be used” ([0059]). This establishes health monitoring sensor applications and the use of a variety of energy harvesters for Mohammad’s device. Mohammad also teaches challenges with existing systems related to the variable energy generation of different types of energy harvesters ([0004]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to alter Li’s power regulation system for energy harvesting by incorporating the energy combiner in Mohammad to regulate energy use and storage from multiple energy harvesting modalities. This would have been obvious because both Li and Mohammad discuss power regulation involving multiple types of energy harvesters and Mohammad provides a solution/improvement to regulating multiple energy harvesters (with time-varying outputs) for higher power generating ability and efficiency. Therefore, a person of ordinary skill in the art would be motivated to improve the system of Li by incorporating the energy combiner for multiple energy harvesters in Mohammad.
Therefore, Claim 1 is obvious over Li in view of Mohammad.
Regarding Claim 2, the sensor apparatus in Claim 1 is obvious over Li in view of Mohammad, as indicated hereinabove. Li further discloses the sensor apparatus operates exclusively on power harvested by the energy harvesting device ([0014], Claim 10 – “The user-wearable device of claim 1, wherein the power consumed by the sensor operation and the signal processing operation is supplied by the energy harvesting module only”). However, Li does not disclose a plurality of energy harvesting devices to be used at the same time.
Regarding the use of a plurality of energy harvesting devices over Li in view of Mohammad in claim 1, Mohammad teaches an energy combiner to regulate the use of a plurality of energy harvesters ([0024]) where the energy harvesters have different input voltages ([0007, 0010]).
Therefore, Claim 2 is obvious over Li in view of Mohammad.
Regarding Claim 3, the sensor apparatus in Claim 1 is obvious over Li in view of Mohammad, as indicated hereinabove. Li further discloses a raw storage unit in connection with the energy harvesting module, wherein the raw storage module accumulates energy at the voltage potential level output from the connected energy harvesting device ([0020] – raw energy storage is in the energy harvester and transferred to the energy harvesting module), wherein the conditioning circuit periodically converts the energy accumulated in the raw storage unit to the bus voltage and conducts the energy into a bulk storage unit or battery storage cell conductively connected to the supply bus ([0021] – harvested energy stored in energy storage module). Li also discloses a variety of energy storage units ([0033] – “The energy storage module may be implemented using various types of energy storage, including but not limit to, chemical storage elements (such as rechargeable batteries), electrical storage elements (such as capacitors or supercapacitors), and mechanical storage elements (such as springs or flywheels)”). Li does not disclose a plurality of energy harvesting devices and raw storage modules for each energy harvesting device.
Regarding the use of a plurality of energy harvesting devices over Li in view of Mohammad in claim 1, Mohammad teaches an energy combiner to regulate the use of a plurality of energy harvesters ([0024]) where the energy harvesters have different input voltages ([0007, 0010]).
Therefore, Claim 3 is obvious over Li in view of Mohammad.
Regarding Claim 5, the sensor apparatus in Claim 1 is obvious over Li in view of Mohammad, as indicated hereinabove. Li further discloses a power bus powering the elements and circuitry as part of a conditioning circuit ([0021] – “The harvested energy is provided through a power line 215 to be stored in an energy storage module 220. The energy stored in the energy storage module 220 is used to supply the remaining elements and circuitry of the user-wearable device 200, through power bus 225” with the power optimization circuit described in [0042] the equivalent of the conditioning circuit). However, Li does not disclose the conditioning circuit is in communication with a supply bus via a decoupling circuit.
Regarding the use of a plurality of energy harvesting devices over Li in view of Mohammad in claim 1, Mohammad further teaches a switching control logic circuit and switch matrix circuit for decoupling energy harvesters based on harvester output ([0026-0027]).
Therefore, Claim 5 is obvious over Li in view of Mohammad.
Regarding Claim 6, the sensor apparatus in Claim 1 is obvious over Li in view of Mohammad, as indicated hereinabove. Li further discloses an energy harvesting device harvests energy recovered from motion of the apparatus in connection with the subject ([0031] – “the energy harvesting module 210 is implemented as a kinetic energy harvester arranged to capture energy generated by body movements and to convert the captured kinetic energy into power for powering the wearable device”). However, Li does not disclose a plurality of energy harvesting devices.
Regarding the use of a plurality of energy harvesting devices over Li in view of Mohammad in claim 1, Mohammad teaches an energy combiner to regulate the use of a plurality of energy harvesters ([0024]) where the energy harvesters have different input voltages ([0007, 0010]).
Therefore, Claim 6 is obvious over Li in view of Mohammad.
Regarding Claim 7, the sensor apparatus in Claim 1 is obvious over Li in view of Mohammad, as indicated hereinabove. Li further discloses the controller is further configured to: detect a harvesting rate of the plurality of energy harvesting device ([0042] – the power generated by the energy harvesting module is measured). However, Li does not disclose a plurality of energy harvesting devices where the controller detects a cumulative rate between the energy harvesters.
Regarding the use of a plurality of energy harvesting devices over Li in view of Mohammad in claim 1, Mohammad further teaches a plurality of energy harvesters where the controller detects a cumulative or global power harvesting rate ([0027] – the power dynamics of both local and global storages are monitored).
Therefore, Claim 7 is obvious over Li in view of Mohammad.
Regarding Claim 8, the sensor apparatus in Claim 7 is obvious over Li in view of Mohammad, as indicated hereinabove. Li further discloses the at least one sensor comprises a plurality of sensors ([0037-0040]); and the controller is further configured to deactivate one of the sensors ([0045] – “to achieve the power balancing, the duty cycle for the sensing mode is adjusted so as to set the desired level of power consumption for the amount of energy being generated. For example, the duty cycle θ can be reduced to reduce the time spent on sampling and increase the time in sleep mode so as to conserve energy”)
in response to the cumulative power harvesting rate being less than a threshold rate ([0042] – “More specifically, in one embodiment, the adaptive power control module is configured to adaptively adjust the sensing duty cycle and the signal processing run schedule based on user needs while balancing the energy generation versus consumption,” where the balancing equation is further defined in equation 1 in [0043]. The threshold rate is the energy generated where consumed energy should be less than this threshold).
Therefore, Claim 8 is obvious over Li in view of Mohammad.
Regarding Claim 9, the sensor apparatus in Claim 7 is obvious over Li in view of Mohammad, as indicated hereinabove. Li further discloses the controller is further configured to: control at least one of an activation of the at least one sensor, a read frequency of the sensor data, and an awake time of the controller in response to changes in the cumulative power harvesting rate ([0057] – “The device adjusts a sensing sampling frequency based on user needs and power balance. The device adjusts the balance between sensor operation and duty cycle and sensor and processing activation based on the power produced by the energy harvesting system,” where duty cycle refers to the percentage of time where the device is active [0043]).
Therefore, Claim 9 is obvious over Li in view of Mohammad.
Regarding Claim 10, the sensor apparatus in Claim 1 is obvious over Li in view of Mohammad, as indicated hereinabove. Li further discloses the controller is further configured to: monitor variations in a supplied energy harvested by the energy harvesting device ([0043] – the parameters EEH and Estored are monitored for dynamic power balancing where “EEH is power generated in a given time duration, and Estored is the initial energy stored in the energy storage module”); and adjust the power consumption of the sensor apparatus in response to the variations in the supplied energy ([0057] – altering operation of sensors and processor to balance power consumption with produced/stored energy via current or projected user needs). However, Li does not disclose a plurality of energy harvesting devices where the controller monitors the energy harvesters.
Regarding the use of a plurality of energy harvesting devices over Li in view of Mohammad in claim 1, Mohammad further teaches a plurality of energy harvesters where the controller detects a cumulative or global power harvesting rate ([0027] – the power dynamics of both local and global storages are monitored).
Therefore, Claim 10 is obvious over Li in view of Mohammad.
Regarding Claim 12, the sensor apparatus in Claim 10 is obvious over Li in view of Mohammad, as indicated hereinabove. Li further discloses the controller is further configured to:
•record the supplied energy harvested by the energy harvesting device ([0022] – “The processor 230 may further communicate with the energy storage module 220 over the data bus 135 to obtain stored energy level and other data”);
•identify power harvested from the energy harvesting device over a periodic harvesting period ([0052] – Statistical methods are used to predict future energy balancing trends). While not explicitly disclosed as measuring average power, present average power generated would represent the most basic statistical measurement to predict future power generation.
However, Li does not disclose a plurality of energy harvesting devices.
Regarding the use of a plurality of energy harvesting devices over Li in view of Mohammad in claim 1, Mohammad teaches a plurality of energy harvesters where the controller detects a cumulative or global power harvesting rate ([0027] – the power dynamics of both local and global storages are monitored).
Therefore, Claim 12 is obvious over Li in view of Mohammad.
Regarding Claim 13, the sensor apparatus in Claim 12 is obvious over Li in view of Mohammad, as indicated hereinabove. Li further discloses the variations in energy supplied from the harvesting device changes in response to at least one of a movement of the subject ([0031] – a kinetic energy harvester is dependent on body motions and would cause variations in power generation based on how much the patient is moving, [0048] – user energy expenditure and activity level can be derived from a thermal energy harvester) and the environmental conditions proximate to the subject ([0051] –ambient temperature change). Note that these ambient temperature measurements are part of the thermoelectric generator ([0048]). However, Li does not disclose a plurality of energy harvesting devices.
Regarding the use of a plurality of energy harvesting devices over Li in view of Mohammad in claim 1, Mohammad teaches an energy combiner to regulate the use of a plurality of energy harvesters ([0024]) where the energy harvesters have different input voltages ([0007, 0010]).
Therefore, Claim 13 is obvious over Li in view of Mohammad.
Regarding Claim 14, the sensor apparatus in Claim 12 is obvious over Li in view of Mohammad, as indicated hereinabove. Li further discloses the controller is further configured to: control the operating scheme for the at least one of a sensor reading in response to the average power harvested ([0052] – the current statistical rate (average) is used to predict the future rate; [0057] - “The device adjusts a sensing sampling frequency based on user needs and power balance. The device adjusts the balance between sensor operation and duty cycle and sensor and processing activation based on the power produced by the energy harvesting system” where duty cycle refers to the percentage of time where the device is active [0043]).
Therefore, Claim 14 is obvious over Li in view of Mohammad.
Regarding Claim 15, the sensor apparatus in Claim 1 is obvious over Li in view of Mohammad, as indicated hereinabove. Li further discloses an ECG sensor ([0038]), acoustic sensor ([0053] – “The tri-axial accelerometer continuously samples the user's body vibration and further ballistocardiogram (BCG) or seismocardiogram (SCG) and respiratory signal can be extracted from raw motion signal”), a pulse oximeter ([0039] - photoplethysmogram or PPG), temperature sensor ([0019]), and movement detection sensor ([0058] – accelerometer).
Therefore, Claim 15 is obvious over Li in view of Mohammad.
Regarding Claim 26, the sensor apparatus in Claim 1 is obvious over Li in view of Mohammad, as indicated hereinabove. Li further discloses wherein the energy availability is determined based on historical activity of the patient including at least one of physical activity and changes in a local environmental detected during the time interval ([0048] – changes in ambient temperature and user temperature (which is disclosed as being dependent on user physical activity) determine the rate of energy harvesting; [0051] – “By quantifying subject's historical lifestyle pattern (energy expenditure pattern) as well as historical temperature data, such factors may be applied into a predictive regression model that outputs optimal power scheduling”).
Therefore, Claim 26 is obvious over Li in view of Mohammad.
Regarding Claim 27, the sensor apparatus in Claim 26 is obvious over Li in view of Mohammad, as indicated hereinabove. Li further discloses wherein the historical activity ([0051]) information is stored in a memory of the controller or a database communicatively coupled to the controller ([0022], [0026]).
Therefore, Claim 27 is obvious over Li in view of Mohammad.
Regarding Claim 28, the sensor apparatus in Claim 1 is obvious over Li in view of Mohammad, as indicated hereinabove. Li further discloses wherein the changes in local environment and physical activity over the time interval are identified in response to variations in the harvesting rate of the energy harvesting device over the time interval ([0048] – In this example changes in user energy expenditure and ambient temperature changes are reflected in the energy harvesting rates and changes to energy harvesting rates can be used to determine factors such as user activity). However, Li does not disclose a plurality of energy harvesting devices to be used at the same time and a conditioning circuit to regulate a plurality of voltages from each device.
Regarding the use of a plurality of energy harvesting devices over Li in view of Mohammad in claim 1, Mohammad further teaches an energy combiner to regulate the use of a plurality of energy harvesters ([0024]), where the energy harvesters have different input voltages ([0007, 0010]). Mohammad is able to monitor the stored energy from each energy harvester source separately ([0072]), meaning the changes to a thermal energy harvesting rate (such as that described in Li) could be evaluated separately from another energy harvester.
Therefore, Claim 28 is obvious over Li in view of Mohammad.
Claim 16 is rejected under U.S.C 103 as being unpatentable over Li (US PG Pub 2019/0000332 A1, see previously cited) in view of Mohammad (US PG Pub 2016/0211742 A1, see previously cited) and Brown (US 9,874,923 B1, see previously cited).
Regarding Claim 16, Li discloses a system for a sensor apparatus configured to detect at least one physiological parameter of a subject ([0057 – “the device extracts biometrics including, but are not limited to, heart rate, heart rate variability, arrhythmia detection, activity level, sleep, snoring, and respiration”) the system comprising:
•a plurality of sensors disposed in the sensor apparatus configured to detect the at least one physiological parameter of the subject as sensor data ([0056] – “The wearable device includes a low power sensor includes at least one or more of” the sensors from the list in [0056]);
•a wireless communication circuit disposed in the sensor apparatus configured to wirelessly communicate the sensor data to a computerized device ([0027] – the processor receives monitored signals from the sensor module, where sensor data can be sent to the communication module to be wirelessly transmitted);
•an energy harvesting circuit disposed in the sensor apparatus and configured to exclusively supply power to the sensor apparatus ([0020] – The energy harvesting module 110 collects energy from an ambient energy source where the harvested energy is applied to power the wearable device 100), the harvesting circuit comprising an energy harvesting device that harvests energy from ambient kinetic energy ([0020] – “In the present description, energy harvesting refers to the technique of capturing ambient energy, such as electromagnetic energy, solar energy, magnetic energy, kinetic energy, and thermal energy”). Note the instant specification provides a definition of ambient kinetic energy being “the harvesting devices 24 may be configured to harvest various forms of ambient kinetic energy (e.g., radiant energy, thermal energy, motion energy, etc.). Some examples of the harvesting devices 24 include photovoltaic sources, magnetic induction sources, piezoelectric sources, thermoelectric sources, radio frequency sources, electromagnetic energy sources, etc” ([0033]).
•at least one controller of the system ([0012] – processor disclosed) configured to:
-monitor the energy harvested by the harvesting device over a periodic time interval ([0042]) wherein the time interval is determined by the at least one controller based on a frequency of care determined from a treatment schedule of the patient ([0051] – “the user-wearable device of the present disclosure may be used for diagnosing or screening of health conditions, where the user-wearable device adjusts the sensing scheduling according to user needs” and provides an example of activating sensors for monitoring or diagnosing sleep apnea during a daily sleep interval);
-predict an energy availability for the energy harvesting device over the periodic interval ([0052]), wherein the energy availability is determined in response to periodic activity of the patient including changes in local environment and physical activity over the time interval ([0048] - Li provides an example of a thermal energy harvester which depends on the flux between ambient temperature and user temperature, where user temperature is related to activity level; [0051] - past user activity and ambient historical temperatures are used to predict future power generation); and
- calculate a control scheme comprising a read frequency of the plurality of sensors ([0057] – sampling frequency is adjusted based on management of stored power), and a communication circuit ([0027] – communication interface), wherein the control scheme is updated in response to the energy availability predicted over the time interval ([0052] – “Based on the predicted energy generation trend, the predictive model determines the duty cycle to use. For example, in the event that the current energy harvesting level is too low, the prediction model reduces the duty cycle to conserve energy in anticipation of reduced harvested energy in the future”; [0057] – “The device adjusts a sensing sampling frequency based on user needs and power balance. The device adjusts the balance between sensor operation and duty cycle and sensor and processing activation based on the power produced by the energy harvesting system”); and
- control the system based on the control scheme ([0062-0063] – control scheme implemented by processor).
Li establishes a number of different types of energy harvesters are envisioned for use in Li’s device ([0020]). However, Li does not disclose the harvesting circuit comprising a plurality of energy harvesting devices that harvest energy from at least two different forms of ambient kinetic energy. Additionally, Li only discloses the measurement of ambient energy for a thermal energy harvester and does not explicitly disclose measurement of an ambient energy for a second form of energy harvesting. Finally, Li does not disclose calculate a control scheme comprising a communication frequency of the communication circuit.
Mohammad, in the same field of endeavor of regulating power to sensors from energy harvesters ([0001]), teaches an energy combiner to regulate the use of a plurality of energy harvesters working together ([0024] – “an energy combiner … for determining availability of the first and second electrical energy based on the monitoring, for extracting any available electrical energy among the first and second electrical energy from the first and second local storage units based on the energy availability determination, and for directing the extracted electrical energy for storage inside the global energy storage unit”), where the energy harvesters have different input voltages ([0007, 0010]). Mohammad further teaches a plurality of energy harvesters where the controller detects a cumulative power harvesting rate ([0027] – the power dynamics of both local and global storages are monitored).
Mohammad discloses “the harvesting system 1 can be used in a wide range of applications including but not limited to health monitoring, industrial automation, smart buildings, and in remote location, where battery replacement is challenging or impossible” ([0058]) and “three types of energy harvesters will be illustrated in this application, knowingly thermal, solar and vibration, however it should be understood that other types of energy sources can be used” ([0059]). This establishes health monitoring sensor applications and the use of a variety of energy harvesters for Mohammad’s device, such as the two forms of kinetic energy discussed in Li ([0055]). Mohammad also discloses challenges with existing systems related to the variable energy generation of different types of energy harvesters ([0004]).
It would have been obvious to a person of ordinary skill in the art to alter Li’s power regulation system for energy harvesting by incorporating the energy combiner to regulate energy use and storage from multiple energy harvesting modalities in Mohammad. This would have been obvious because both Li and Mohammad discuss power regulation involving multiple types of energy harvesters and Mohammad provides a solution/improvement to regulating multiple energy harvesters (with time-varying outputs) for higher power generating efficiency. Therefore, a person of ordinary skill in the art would be motivated to improve the system of Li by incorporating the energy combiner for multiple energy harvesters in Mohammad.
Brown, in the same field of endeavor of regulating power from an energy harvester to devices or systems (Col 3, Lines 57-67; Col 4, Lines 1-3), teaches a prediction of energy harvesting opportunities for budgeting power to sensors (Col 6, Lines 53-59). In this case, the example provided pertains to a solar energy harvester where the light level is used to predict energy harvesting over time. This complements the thermal energy harvester in Li and demonstrates that prediction can be applied to another form of ambient energy.
Additionally, Brown teaches a communications subsystem with communications protocols to adjust power consumption (Col 17, Lines 4-14). Brown teaches the operating frequency of a subsystem (where communications was previously identified as a subsystem) can be adjusted to reduce power consumption (Col 25, Lines 41-60).
It would have been obvious to a person of ordinary skill in the art to alter Li’s power regulation system for energy harvesting by incorporating the prediction of ambient energy collection opportunities for a non-thermal energy source and the adjustment of communication frequency based on power management in Brown. This would have been obvious because both Li and Brown discuss power regulation of an energy harvester and prediction of available ambient energy and Brown provides a solution/improvement of energy prediction for ambient light which could be used to predict energy harvesting in the photovoltaic harvester in Li. Additionally, Brown provides a solution/improvement of adjusting the operating frequency of a communications sub-system in order to further increase power efficiency. Therefore, a person of ordinary skill in the art would be motivated to improve the system of Li by incorporating the prediction of ambient energy collection opportunities for a non-thermal energy source and the adjustment of communication frequency based on power management in Brown.
Therefore, Claim 16 is obvious over Li in view of Mohammad and Brown.
Conclusions
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Benjamin Schmitt, whose telephone number is 703-756-1345. The examiner can normally be reached on Monday-Friday from 9:00 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer McDonald can be reached on 571-270-3061. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Benjamin A. Schmitt/
Examiner
Art Unit 3796
/William J Levicky/Primary Examiner, Art Unit 3796
Prosecution Insights