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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/24/26 has been entered.
Response to Arguments
The previous 112a regarding the steps of “determine whether network connectivity enables transmission of the plethysmogram; cache the plethysmogram in memory in response to a determination that network connectivity is insufficient for transmission of the plethysmogram; and transmit the plethysmogram to a server in response to a determination that network connectivity enables transmission of the plethysmogram;” in claims Claim 1, 5 and 14 are withdrawn in view of the amendments.
Applicant's arguments filed 4/24/26 have been fully considered but they are not persuasive or moot in view of the new rejection below.
With regards to the 103 rejection Applicants arguments are directed first to Tah then to the combination of Tah with Toth. Applicants first statement under “first”, is not persuasive. To start the claims as recited do not require the external sensor to be in wireless communication with second sensor module just that they are “configured to receive” the data. As such Applicant is improperly reading elements into the claim. Additionally, Tah does recite the peripheral modules having a plurality of wireless communication while the peripheral modules are not explicitly recited as interacting externally it does not say they can’t or don’t as Applicants imply. The third argument, is also not persuasive. Applicants appear to be arguing that since a request comes from the core module data can’t be transferred to the core module. The Tah reference discloses that the core module (aka first core module/first sensor module) has the applications governing the operation that does not mean that data can’t flow from a the second sensor module (aka second core module or peripheral module; or through it) to the first core module or even to another module. Examiner notes that the internet is a WAN thus anything transferred over the internet is via a WAN. Applicants are improperly narrowing the disclosure of the Tah reference.
The remaining arguments are directed to the combination of the Tah reference in view of the Toth reference, Toth is not currently applied thus these arguments are moot.
The discussion of the new references relies on the arguments discussed above and are not persuasive or moot for the same reasons.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “physiological inference module” in claims 23-24 see [0121], [0123] “hardware computing device suitably programmed to perform the functions described herein (e.g., a central processing unit executing instructions stored in the memory 380, a state machine, a field programmable array, etc.)”, [0129] “a physiological inference module 542 that makes physiological health inferences 580 based on those physiological signals 560.” (using the PG Pub for paragraph numbers). In view of the above the physical structure is the CPU and memory.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10, 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 10 recites “a first physiological sensor” claim 10 depends from claim 5 which recites “at least one physiological sensor for capturing physiological data of the user” its unclear if the “a first physiological sensor” in claim 10 is separate from the one or more or a subset of the at least one. This causes confusion and the claim does not clearly define the metes and bounds of the claim and is indefinite.
Claim 20 recites “the captured sensor data is captured by a physiological sensor” while claim 19 from which claim 20 depends recites “the first sensor module comprises a first physiological sensor” and claim 14 recites “capturing sensor data by the first sensor module”. Its unclear if the “a first physiological sensor” and the “a physiological sensor” (which is from the first sensor module based on claim 14) are the same sensor or different sensors. This causes confusion and the claim does not clearly define the metes and bounds of the claim and is indefinite. Examiner notes that this could be clarified by amending the dependency of claim 20 from claim 19 to claim 14.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 5, 10, 14, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20180008016 to Tahmasebzadeh et al. (hereinafter Tah) in view of US 20180199884 to Huppert et al. (hereinafter Huppert).
Regarding Claim 5, an interpretation of Tah further discloses a modular wristband and sensor system comprising:
a wristband comprising a first wristband segment and a second wristband segment ([0066], [0096]-[0097], [0141], Figs. 11, 32-35 see also [0060]-[0061], [0081], [0085], [0125], [0137], [0139], Figs. 4-9; first and second “wristband segments” respectively could be a either the module 1100 of fig. 11 or a set peripheral modules (which may or may not be “pass-through” modules), either option provides for electrical/data communication.);
a first sensor module configured to be removably connected to the first wristband segment and the second wristband segment ([0060]-[0061], [0137]-[0139] Figs. 11-12, 32A-C see also [0096]-[0097]; Core module has processing, wireless transmitter for connecting with external devices and sensors including accelerometer, microphone etc.), comprising:
a power source ([0139]-[0140], [0146]; core module is disclosed as including both sensors and an integrated battery);
at least one physiological sensor for capturing physiological data of the user ([0137]-[0139]; to the extent “for . . .” is an intended use, the prior art device disclosed is structurally capable of performing the intended use.); and
a remote communications module for outputting the physiological via a wide area network ([0138]-[0139] including “wireless communication technologies, such as Bluetooth that enables connectivity to other compatible devices . . . and/or Wi-Fi that enables connectivity to a wireless network for internet access”, [0140], [0143] see also [0065]; to the extent “for . . .” is an intended use, the prior art device disclosed is structurally capable of performing the intended use. Examiner notes that the internet is a WAN); and
a second sensor module configured to be removably connected to the first wristband segment and the second wristband segment ([0065]-[0066], [0097]-[0098], [0106], [0129] including “peripheral module 2600 can be a heart rate monitor 2602, with an opening in the lower part for taking biometric measurements from the user”, [0149] see also [0060]; can be a second core module or a peripheral module with sensors. Peripheral modules are recited as being one or more of various sensors including temperature, heart rate, GPS, microphone etc.) and output sensor data for transmittal via the first sensor module ([0006], [0138]-[0140]; data can be gathered by second sensor module, that data is transferred to the first module with the processor and transmitted through the communications elements in the first sensor module to external devices); and
wires, embedded within the wristband, that provide power from the power source to the second sensor module and enable communication between the first sensor module and the second sensor module ([0060]-[0061], [0096]-[0098], [0129], [0137], [0140] including “The core module and connected peripheral modules of the device transfer data, clock signals and power to each other.”, [0146], Figs. 11-12, 2 32-35 see also [0085], [0087], [0090], [0125], [0139]);
An interpretation of Tah may not explicitly disclose the wearable configured to receive sensor data from one or more external sensors; the data received from the external sensors is outputted to a server.
However, in the same field of endeavor (medical diagnostic systems), Huppert teaches wearable configured to receive sensor data from one or more external sensors ([0073]-[0075], [0081] including “a re-usable connector 716 to mechanically and electrically couple the ECG electrodes with a main portion/body of the conformal cardiac sensor device 716”, [0082]-[0083], Figs. 6, 7B, 8A-C see also [0045], [0139]; the additional electrodes are “external sensors” which attach to the device arranged in a “island” format the reusable connectors are on an island in the device); the various sensed physiological data including the data received from the external sensors is outputted to a server ([0049] including “the example systems, methods, and apparatuses described herein can be configured to store the measured data values to a memory of the system and/or communicate (transmit) the measured data values to an external memory or other storage device, a network, and/or an off-board computing device. In any example herein, the external storage device can be a server, including a server in a data center.”, [0073]-[0075], Fig. 6 see also [0045], [0061], [0139]).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the second sensor module of Tah (second core module or a peripheral module with sensors)as discussed above to include a reusable mechanical/electrical connector which can be attached to disposable external sensors as disclosed by Huppert because the reusable connector (with associated external sensors) provides for the connection to additional disposable external sensors that are separately located from the device expanding its data gathering while keeping the main wearable device reusable ([0081]-[0082]).
Regarding Claim 10, an interpretation of Tah further discloses wherein the first sensor module comprises a first physiological sensor ([0060]-[0061], [0137], [0139] Figs. 11-12, 32A-C see also [0096]-[0097]; Core module has sensors such as accelerometer, microphone etc.) and the second sensor module comprises a second physiological sensor which is different than the first physiological sensor ([0065]-[0066] including “one or more temperature sensors”, [0129] including “peripheral module 2600 can be a heart rate monitor 2602, with an opening in the lower part for taking biometric measurements from the user”, [0149]; peripheral modules are recited as being various sensors including temperature, heart rate, GPS).
Regarding Claim 14, an interpretation of Tah further discloses a method for capturing sensor data by a modular wristband and sensor system, the method comprising:
providing a modular wristband and sensor system comprising
a first wristband segment ([0066], [0096]-[0097], [0141], Figs. 11, 32-35 see also [0060]-[0061], [0081], [0085], [0125], [0137], [0139], Figs. 4-9; first and second “wristband segments” respectively could be a either the module 1100 of fig. 11 or a set peripheral modules (which may or may not be “pass-through” modules), either option provides for electrical/data communication),
a first sensor module ([0060]-[0061], [0137]-[0139] Figs. 11-12, 32A-C see also [0096]-[0097]; Core module (first core module) has sensors including accelerometer, microphone etc.); and
a second wristband segment ([0066], [0096]-[0097], [0141], Figs. 11, 32-35 see also [0060]-[0061], [0081], [0085], [0125], [0137], [0139], Figs. 4-9; first and second “wristband segments” respectively could be a either the module 1100 of fig. 11 or a set peripheral modules (which may or may not be “pass-through” modules), either option provides for electrical/data communication.),
a second sensor module ([0065]-[0066], [0098], [0106], [0129] including “peripheral module 2600 can be a heart rate monitor 2602, with an opening in the lower part for taking biometric measurements from the user”, [0149] see also [0060]; can be a second core module or a peripheral module with sensors. Peripheral modules are recited as being various sensors including temperature, heart rate, GPS, microphone etc.);
wherein the first sensor module is removably and communicatively connected the first wristband segment and the second wristband segment ([0060]-[0061], [0067] including “Modules can be interchanged at any time”, [0096]-[0098], [0106] including “The communicative coupling is configured to allow modules to be coupled in any order or arrangement and be interchangeable amongst other modules.”, [0137], [0140], [0146], Figs. 11-12, 2 32-35 see also [0125], [0139]); and
the second sensor module is removably and communicatively connected the first wristband segment and the second wristband segment opposite the first sensor module ([0060]-[0061], [0067], [0096]-[0098], [0106], [0137], [0140], [0146], Figs. 11-12, 2 32-35 see also [0125], [0139]; First core module is above the wrist and peripheral module (or second core module) is below the wrist the two are removably attached at opposite ends of two wristband segments);
providing power from the first sensor module to the second sensor module via wires embedded in the first wristband segment or the second wristband segment ([0060]-[0061], [0096]-[0098], [0129], [0137], [0139]-[0140], [0146], Figs. 11-12, 2 32-35 see also [0085], [0087], [0090], [0125]);
receiving sensor data by the second sensor module ([0065]-[0066], [0097]-[0098], [0106], [0129], [0149] see also [0060]; the second core module or peripheral module can gather sensor data. Peripheral modules are recited as being one or more of various sensors including temperature, heart rate, GPS, microphone etc.);
transmitting the sensor data from the second sensor module to the first sensor module ([0006], [0138]-[0140]; data can be gathered by second sensor module, that data is transferred to the first module with the processor and transmitted through the communications elements in the first sensor module to external devices) via the wires embedded in the first wristband segment or the second wristband segment ([0060]-[0061], [0096]-[0098], [0137], [0140] including “The core module and connected peripheral modules of the device transfer data, clock signals and power to each other.”, [0146], Figs. 11-12, 2 32-35 see also [0125], [0139]); and
transmitting the captured sensor data to an external device, by the first sensor module, via a wide area network ([0138]-[0139] including “wireless communication technologies, such as Bluetooth that enables connectivity to other compatible devices . . . and/or Wi-Fi that enables connectivity to a wireless network for internet access”, [0140], [0143] see also [0065]; to the extent “for . . .” is an intended use, the prior art device disclosed is structurally capable of performing the intended use. Examiner notes that the internet is a WAN).
An interpretation of Tah may not explicitly disclose the wearable receiving external sensor data from one or more external sensors; the data received from the external sensors is outputted to a server.
However, in the same field of endeavor (medical diagnostic systems), Huppert teaches wearable receiving external sensor data from one or more external sensors ([0073]-[0075], [0081] including “a re-usable connector 716 to mechanically and electrically couple the ECG electrodes with a main portion/body of the conformal cardiac sensor device 716”, [0082]-[0083], Figs. 6, 7B, 8A-C see also [0045], [0139]; the additional electrodes are “external sensors” which attach to the device arranged in a “island” format the reusable connectors are on an island in the device); the various sensed physiological data including the data received from the external sensors is outputted to a server ([0049] including “the example systems, methods, and apparatuses described herein can be configured to store the measured data values to a memory of the system and/or communicate (transmit) the measured data values to an external memory or other storage device, a network, and/or an off-board computing device. In any example herein, the external storage device can be a server, including a server in a data center.”, [0073]-[0075], Fig. 6 see also [0045], [0061], [0139]).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the second sensor module of Tah (second core module or a peripheral module with sensors)as discussed above to include a reusable mechanical/electrical connector which can be attached to disposable external sensors as disclosed by Huppert because the reusable connector (with associated external sensors) provides for the connection to additional disposable external sensors that are separately located from the device expanding its data gathering while keeping the main wearable device reusable ([0081]-[0082]).
Regarding Claim 19, an interpretation of Tah further discloses wherein the first sensor module comprises a first physiological sensor ([0060]-[0061], [0137], [0139] Figs. 11-12, 32A-C see also [0096]- [0097]; Core module has sensors including accelerometer, microphone etc.) and the second sensor module comprises a second physiological sensor that is different than the first physiological sensor ([0065]-[0066] including “one or more temperature sensors”, [0129] including “peripheral module 2600 can be a heart rate monitor 2602, with an opening in the lower part for taking biometric measurements from the user”, [0149]; peripheral modules are recited as being various sensors including temperature, heart rate, GPS).
Claim Rejections - 35 USC § 103
Claim(s) 11, 20, 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tah in view of Huppert in further view of US 20140276119 to Venkatraman et al. (hereinafter Ven).
Regarding Claim 11, an interpretation of Tah discloses wherein the at least one physiological sensor comprises a physiological sensor ([0137]-[0139]).
an interpretation of Tah may not explicitly disclose the physiological sensor is selected from the group consisting of an electrocardiogram (ECG) sensor, a Photoplethysmography (PPG) sensor, a galvanic skin response (GSR) sensor and a skin temperature sensor.
However, in the same field of endeavor (medical diagnostic systems), Ven teaches a physiological sensor of an electrocardiogram (ECG) sensor ([0127] including “cardiac activities or signals can be measured by ECG to obtain the heartbeat waveform.”, [0282] see also [0122]-[0123] including Table, [0252] see also [0479]), a Photoplethysmography (PPG) sensor ([0124] including “the biometric monitoring device may include an optical sensor to detect, sense, sample and/or generate data that may be used to determine information representative of, for example, stress (or level thereof), blood pressure, and/or heart rate of a user.”, [0126]-[0127] including “Photoplethysmogram (PPG) signal can be recorded on the body using a light source (e.g., an LED) and a corresponding light detector (e.g., a photodiode).” see also [0122]-[0123], [0252], [0479]), a galvanic skin response (GSR) sensor ([0201], [0233] see also [0122]-[0123], [0252], [0479]) and a skin temperature sensor ([0201], [0233] see also [0122]-[0123], [0252], [0479]).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the core module with a sensor as disclosed by Tah in view of Huppert to the have the core modules sensor to more specifically be one of the enumerate sensors (such as an PPG or ECG) as recited by Ven because the specifics sensors sense particular information providing awareness of the issues, for PPG/ECG that include cardiac information (such as heartbeat waveform information, frequency of the cardiac cycle etc.) and performing analysis such as early detection of heart problems or diabetic conditions using the PPG/ECG information ([0127], [0287] with table, [0423]). Alternatively, it would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the core module with a sensor as disclosed by Tah in view of Huppert to the have the core modules sensor to more specifically be one of the enumerate sensors (such as an PPG or ECG) as recited by Ven because it is merely combining prior art elements (core module with sensors from Tah in view of Huppert with the particular sensor of Ven) according to known methods to yield predictable results.
Regarding Claim 20, an interpretation of Tah discloses wherein captured sensor data is captured by a physiological sensor ([0137]-[0139]).
an interpretation of Tah may not explicitly disclose the physiological sensor is selected from the group consisting of an electrocardiogram (ECG) sensor, a Photoplethysmography (PPG) sensor, a galvanic skin response (GSR) sensor and a skin temperature sensor.
However, in the same field of endeavor (medical diagnostic systems), Ven teaches a physiological sensor of an electrocardiogram (ECG) sensor ([0127] including “cardiac activities or signals can be measured by ECG to obtain the heartbeat waveform.”, [0282] see also [0122]-[0123] including Table, [0252] see also [0479]), a Photoplethysmography (PPG) sensor ([0124] including “the biometric monitoring device may include an optical sensor to detect, sense, sample and/or generate data that may be used to determine information representative of, for example, stress (or level thereof), blood pressure, and/or heart rate of a user.”, [0126]-[0127] including “Photoplethysmogram (PPG) signal can be recorded on the body using a light source (e.g., an LED) and a corresponding light detector (e.g., a photodiode).” see also [0122]-[0123], [0252], [0479]), a galvanic skin response (GSR) sensor ([0201], [0233] see also [0122]-[0123], [0252], [0479]) and a skin temperature sensor ([0201], [0233] see also [0122]-[0123], [0252], [0479]).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the core module with a sensor as disclosed by Tah in view of Huppert to the have the core modules sensor to more specifically be one of the enumerate sensors (such as an PPG or ECG) as recited by Ven because the specifics sensors sense particular information providing awareness of the issues, for PPG/ECG that include cardiac information (such as heartbeat waveform information, frequency of the cardiac cycle etc.) and performing analysis such as early detection of heart problems or diabetic conditions using the PPG/ECG information ([0127], [0287] with table, [0423]). Alternatively, it would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the core module (smart watch) with a sensor as disclosed by Tah in view of Huppert to the have the core modules sensor to more specifically be one of the enumerate sensors (such as an PPG or ECG) as recited by Ven because it is merely combining prior art elements (core module with sensors from Tah in view of Huppert with the particular sensor of Ven) according to known methods to yield predictable results.
Regarding Claim 23, an interpretation of Tah in view of Huppert discloses the external sensor (such as ECG, EMG, EEG data) data being transferred to the first sensor module from the second sensor module (see rejection of claim 5 above), Tah further discloses the first sensor module including applications/instructions, memory and processing ([0139]-[0140], [0143], [0145]).
An interpretation of Tah may not explicitly disclose a physiological inference module that generates physiological health inferences based at least in part on the sensor data received from the one or more external sensors.
However, in the same field of endeavor (medical diagnostic systems), Ven teaches a physiological inference module that generates physiological health inferences based at least in part on the sensor data received from the one or more external sensors ([0020], [0116] including “a biometric monitoring device may leverage other devices external to the biometric monitoring device, e.g., an external heart rate monitor in the form of an EKG sensor on a chest strap may be used to obtain heart rate data”, [0119]-[0120] including “a processor may be controlled by computer-executable instructions stored in memory so as to provide functionality such as is described herein.”, [0127], [0202]-[0203], [0282] including “For example, if the device uses ECG, EMG, or is connected to a device which performs either of these, it may provide feedback to the user regarding the waveform from those sensors.”, [0287] with Table including “Early detection of heart problems: Cardiac Arrhythmia, Cardiac Arrest” see also [0479]; discloses the hardware processor and memory making inferences using data from external sensors such as ECG to make “inferences” such as heart problems and sleep staging).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the core module with applications/instructions, memory and processing which receives data from the external sensors through the secondary sensor module (second core module or peripheral module) as disclosed by Tah in view of Huppert to the have the applications of the core module include generating inferences as recited by Ven because the use of the external sensor data (such as for ECG) includes cardiac information (such as heartbeat waveform information, frequency of the cardiac cycle etc.) and performing analysis generates inferences such as early detection of heart problems or diabetic conditions using the ECG information providing awareness and remedial steps to be taken ([0287] with table, [0423], [0433]).
Regarding Claim 24, an interpretation of Tah in view of Huppert discloses the external sensor (such as ECG, EMG, EEG data) data being transferred to the first sensor module from the second sensor module (see rejection of claim 5 above), Tah further discloses the first sensor module including applications/instructions, memory and processing ([0139]-[0140], [0143], [0145]).
An interpretation of Tah may not explicitly disclose generating a physiological health inference based at least in part on the sensor data received from the external sensor.
However, in the same field of endeavor (medical diagnostic systems), Ven teaches a generating a physiological health inference based at least in part on the sensor data received from the external sensor ([0020], [0116] including “a biometric monitoring device may leverage other devices external to the biometric monitoring device, e.g., an external heart rate monitor in the form of an EKG sensor on a chest strap may be used to obtain heart rate data”, [0119]-[0120] including “a processor may be controlled by computer-executable instructions stored in memory so as to provide functionality such as is described herein.”, [0127], [0202]-[0203], [0282] including “For example, if the device uses ECG, EMG, or is connected to a device which performs either of these, it may provide feedback to the user regarding the waveform from those sensors.”, [0287] with Table including “Early detection of heart problems: Cardiac Arrhythmia, Cardiac Arrest” see also [0479]; discloses the hardware processor and memory making inferences using data from external sensors such as ECG to make “inferences” such as heart problems and sleep staging).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified the core module with applications/instructions, memory and processing which receives data from the external sensors through the secondary sensor module (second core module or peripheral module) as disclosed by Tah in view of Huppert to the have the applications of the core module include generating inferences as recited by Ven because the use of the external sensor data (such as for ECG) includes cardiac information (such as heartbeat waveform information, frequency of the cardiac cycle etc.) and performing analysis generates inferences such as early detection of heart problems or diabetic conditions using the ECG information providing awareness and remedial steps to be taken ([0287] with table, [0423]. [0433]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20160094259 to Hatanaka et al. see NF Rejection dated 7/30/25 for citations
US 20150351690 to Toth et al. see NF Rejection dated 7/30/25 for citations
US 11207025 to Martin et al. see NF Rejection dated 7/30/25 for citations
US 20070279852 to Daniel et al. discloses band with a plurality of nodes to which various modules (with various functions including sensing) are attached to the nodes. Examiner notes that each module which is not incorporated into the band itself could be interpreted as an external device thus a sensing module would be an external sensing device connected to a secondary node and using transmission of a primary mode to send data see [0032]-[0033], Figs. 1a-2d
US 20200077951 to Nallathambi et al. see [0023] discusses handling intermittent connectivity
John Allen. Photoplethysmography and its application in clinical physiological measurement. Physiol Meas. 2007 Mar;28(3):R1-39. doi: 10.1088/0967-3334/28/3/R01. Epub 2007 Feb 20. PMID: 17322588. https://pubmed.ncbi.nlm.nih.gov/17322588/ Viewed on 12/22/24 – See Abstract and History of PPG Sections
US 20170242805 - see Figs. 4-5, 7
US 20140334083 – see Fig. 1
US 20150109723 – see Figs. 1-6
US 20180095430 – see Figs. 1, 3A
US 8764654 – see Fig. 5
US 20130271355 – see Figs. 3-6
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