DETAILED ACTION
Applicant’s arguments, filed on 12/17/2025, have been fully considered. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Applicants have amended their claims, filed on 12/17/2025, and therefore rejections newly made in the instant office action have been necessitated by amendment.
Claims 1-21 are the current claims hereby under examination.
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 .
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 following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 6-10, and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Rogers (WO 2019161277) in view of LV (CN 105997014) and Song (KR 102119805). Citations to CN 105997014 and KR 102119805 will refer to the English Machine Translations that accompany this Office Action.
Regarding independent claim 1, Rogers teaches a system for monitoring a sleep of a user ([0002]: “ Systems and methods are provided for mechano-acoustic electrophysiological sensing electronics derived from the body using a 3-axis high frequency accelerometer.”), the system comprising:
a plurality of patches (Fig. 1 and 2), each patch from the plurality of patches including an associated sensor from a plurality of sensors ([0136]: “FIG. 2 illustrates an example of a wearable (e.g., epidermally mounted) mechano-acoustic electrophysiological measurement device”; [0062]: “Differential measurement of separate areas of a patient’s body may also be useful in improving data collection and accuracy. In some cases a single device may measure two different areas by being positioned on a biological boundary, in some cases, multiple devices may be used.”);
a processor configured to process positional data generated by the plurality of sensors ([0013]: “The medical sensor may comprise a processor to provide a real-time metric”) when each patch from the plurality of patches is positioned adjacent to a surface of a body of the user ([0126]: “the sensor systems of the inventor are wearable, tissue mounted or implantable or in mechanical communication or direct mechanical communication with tissue of a subject.”) at a predefined location from a plurality of predefined locations ([0241]: “FIG. 30A provides a schematic illustrating potential mounting locations (schematically shown by superimposed boxes) on a subject”), the positional data including orientation data and motion data ([0278]: “The device captures body orientation by measuring quasistatic gravity projection in device frame, which is associated to the core-body frame”; [0017]: “The electronic devices described herein may comprise a stretchable electrical interconnect, a microprocessor, an accelerometer, a stimulator, a resistor and a capacitor in electronic communication to provide sensing of vibration or motion by the accelerometer”).
However, Rogers does not teach the plurality of predefined locations being determined based on a simulation of a plurality of virtual patches.
LV discloses a physical activity monitoring method. Specifically, LV teaches on a simulation of a plurality of virtual sensors (Abstract: “the monitoring terminal establishing a simulation model based on the collected data and the input basic physical characteristic data of the athlete, and completing the positioning of the athlete's location, movement status, and physical condition assessment; inserting virtual actuators and virtual sensors into a simulation model; and activating the simulation analysis module to perform simulation analysis and complete the plotting of motion curves”). Rogers and LV are analogous arts as they are both related to systems that use sensors to determine the position of a user.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the simulation of a plurality of virtual patches from LV into the system from Rogers as it allows the system to evaluate how the user’s body would move and determine sensor positions.
However, the Rogers/LV combination does not teach wherein the plurality of predefined locations being determined based on a simulation.
Song discloses a bio-information measurement system. Specifically, Song teaches wherein the plurality of predefined locations being determined based on a simulation ([0027]: “a controller provides information on whether the installation position of the non-contact sensor is appropriate by using a signal simulation device that simulates a signal generated from a monitored subject”). Rogers, LV, and Song are analogous arts as they are all related to systems that use sensors to monitor the position of a user.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include predefined locations being determined based on the simulation as it allows the sensors to be placed in locations that have been determined to provide sufficient measurements from the simulation, ensuring that the actual measurements provide an appropriate signal.
The Rogers/LV/Song combination teaches a data communication system configured to transmit the positional data to the processor (Rogers, [0002]: “The devices are referred herein as soft, flexible, and wearable with advanced power conservation functions and wireless communication capabilities,”; [0013]: “The medical sensor may comprise a processor to provide a real-time metric. The processor may be on-board with the electronic device or is positioned in an external device that is located at a distance from the medical sensor and in wireless communication with the wireless communication system”);
the processing of the positional data including:
determining a first position of the body of the user at a first time;
determining a first image based on the first position of the body of the user at the first time;
detecting a change in position of the body of the user based on a measure function and a threshold value;
in response to detecting the change in position of the body of the user:
determining a second position of the body of the user at a second time subsequent to the first time, and
determining a second image based on the second position of the body of the user at the second time; and
generating, based on the first image and the second image, an animation of a movement of the body from the first position of the body of the user at the first time to the second position of the body of the user at the second time (Rogers, [0191]: “Another novel feature of this aspect of the invention is recapitulating sleep position and/or motion using the sensor across time. This allows using the accelerometer on the sensor to reconstruct movement and body position.”); [0027]: “The medical sensors described herein may be capable of reproducing an avatar or video representation of body position and movement of a subject across time”. The sensors are used to gather positional data and motion data and reconstruct a video with an avatar based on this data, therefore it is inherent that the system creates a first image based on the position of the body, then creates another image of the body using the data when a change of position is detected.).
Regarding claim 2, the Rogers/LV/Song combination teaches the system of claim 1, wherein at least one sensor from the plurality of sensors includes at least one of an accelerometer or a micro-electromechanical gyroscope (Rogers, [0017]: “The electronic devices described herein may comprise a stretchable electrical interconnect, a microprocessor, an accelerometer”; [0045]: “The medical sensors described herein may comprise a gyroscope, for example, a 3-axis gyroscope”).
Regarding claim 6, the Rogers/LV/Song combination teaches the system of claim 1, wherein each patch from the plurality of patches further includes a pressure sensor for generating pressure data (Rogers, [0050]: “The sensor system may comprise one or more sensors selected from the group consisting of a pressure sensor”).
Regarding claim 7, the Rogers/LV/Song combination teaches the system of claim 1, wherein each patch from the plurality of patches further includes a sensor for generating data related to a respiratory effort (Rogers, [0003]: “Mechano-acoustic signals are known to contain essential information for clinical diagnosis and healthcare applications. Specifically, mechanical waves that propagate through the tissues and fluids of the body as a result of natural physiological activity reveal characteristic signatures of individual events, such as the closure of heart valves, the contraction of skeletal muscles, the vibration of the vocal folds, the cycle of respiration, the movement and sound of scratching, and movement in the gastrointestinal tract”).
Regarding claim 8, the Rogers/LV/Song combination teaches the system of claim 1, wherein each patch from the plurality of patches further includes a pulse sensor for generating pulse data (Rogers, [0050]: “The sensor system may comprise one or more sensors selected from the group consisting of a pressure sensor, an electrophysiological sensor, a thermocouple, a heart rate sensor, a pulse oximetry sensor”).
Regarding claim 9, the Rogers/LV/Song combination teaches the system of claim 1, wherein each patch from the plurality of patches further includes an oximeter for generating blood oxygen level data (Rogers, [0050]: “The sensor system may comprise one or more sensors selected from the group consisting of a pressure sensor, an electrophysiological sensor, a thermocouple, a heart rate sensor, a pulse oximetry sensor”).
Regarding claim 10, the Rogers/LV/Song combination teaches the system of claim 1, wherein each patch from the plurality of patches further includes a temperature sensor for detecting a body temperature of the user (Rogers, [0050]: “The sensor system may comprise one or more sensors selected from the group consisting of a pressure sensor, an electrophysiological sensor, a thermocouple, a heart rate sensor, a pulse oximetry sensor”).
Regarding claim 14, the Rogers/LV/Song combination teaches the system of claim 1, wherein each patch from the plurality of patches further includes one of an audio sensor, a nasal pressure sensor, or a vibrational sensor (Rogers, [0186]: “the system is configured to provide a sensor that detects one or more parameters which are used as the basis of input for a feedback loop involving a signaling device component that provides one or more signals to a subject (e.g., patient), such as a vibrational signal (e.g. electromechanical motor), and electrical signal, a thermal signal (e.g. heater), a visual signal (either LED or a full graphical user interface), an audio signal”).
Regarding claim 15, the Rogers/LV/Song combination teaches the system of claim 1, wherein the animation includes a representation of at least one of: pressure data, respiratory effort, pulse data, blood oxygen level data, temperature data, or a snoring condition of the user (Rogers, [0191]: “ the sensor can detect a subject having altered vital signs (aberrant vital signs) that may include a combination of elevated or depressed heart rate, cessation of respiratory rate, decrease in pulse oximetry, or snoring (aberrant respiratory sounds).”; [0191]: “Another novel feature of this aspect of the invention is recapitulating sleep position and/or motion using the sensor across time. This allows using the accelerometer on the sensor to reconstruct movement and body position. This may allow for direct video feedback to the user and the ability to tie body position with vital signs or respiratory sounds (e.g., snoring) visually. FIG. 41 provides example sensor data for use of multimodal sensors of the inventor for sleep therapy, for example, for determination of body position and correlation of body position with vital signs and/or respiratory sounds.”).
Regarding claim 16, the Rogers/LV/Song combination teaches the system of claim 1, wherein the processor is configured to estimate a sleep stage of the user based on movement of the body of the user (Rogers, [0278]: “ FIG. 47F shows the inference of the sleep stages from machine learning the accelerometer data in comparison with the clinical-inspected sleep stages”).
Regarding claim 17, the Rogers/LV/Song combination teaches the system of claim 1, wherein the processor is further configured to detect a significant change in sensed data, the sensed data including one of pressure data, respiratory effort, pulse data, blood oxygen level data, temperature data, or snoring data, based on a predefined threshold (Rogers, [0191]: “the sensor can detect a subject having altered vital signs (aberrant vital signs) that may include a combination of elevated or depressed heart rate, cessation of respiratory rate, decrease in pulse oximetry, or snoring (aberrant respiratory sounds).”.
Regarding claim 18, the Rogers/LV/Song combination teaches the system of claim 1, further comprising a display, wherein the processor is further configured to present the animation via the display (Rogers, [0226]: “The system may use Bluetooth to communicate with the smartphone, although the smartphone largely serves as a visual display”).
Regarding claim 19, the Rogers/LV/Song combination teaches the system of claim 1, wherein the animation is an accelerated time-lapse animation (Rogers, [0027]: “The medical sensors described herein may be capable of reproducing an avatar or video representation of body position and movement of a subject across time”. This video representation of the body position and movement of a subject over time can encompass any type of video, which can include an accelerated time-lapse animation.).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over the Rogers/LV/Song combination as applied to claim 1 above, and further in view of Ren (US 20200281508).
Regarding claim 3, the Rogers/LV/Song combination teaches the system of claim 1, wherein the animation includes a prefix video that shows a sleep parameter of the user (Rogers, [0193]: “Another novel feature of this aspect of the invention is recapitulating sleep position and/or motion using the sensor across time. This allows using the accelerometer on the sensor to reconstruct movement and body position. This may allow for direct video feedback to the user and the ability to tie body position with vital signs or respiratory sounds (e.g. snoring) visually. FIG. 41 provides example sensor data for use of multimodal sensors of the inventor for sleep therapy, for example, for determination of body position and correlation of body position with vital signs and/or respiratory sounds.”).
However, the Rogers/LV/Song combination does not teach the prefix video appearing in the animation before the movement of the body from the first position of the body of the user to the second position of the body of the user.
Ren discloses sensors used for motion analysis of a user. Specifically, Ren teaches the prefix video appearing in the animation before the movement of the body from the first position of the body of the user to the second position of the body of the user (Fig. 1, “display motion” and “display animation” references). Rogers, LV, Song, and Ren are analogous arts as they are all related to systems that monitor a user’s motions and provides an analysis.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the video being shown before the animation from Ren into the system from the Rogers/LV/Song combination as it allows the user to see the sleep parameters before the animation, so they are aware of their information while viewing the animation of their movement.
Claims 4-5 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over the Rogers/LV/Song combination as applied to claim 1 above, and further in view of Young (US 11504013).
Regarding claim 4, the Rogers/LV/Song combination teaches the system of claim 1. However, the Rogers/LV/Song combination does not disclose wherein the processor is further configured to determine whether the user is in a vertical position, a seated position, or a horizontal position.
Young teaches a wearable monitoring system that can measure a user’s health related parameters while in a certain state, such as a sleep state. Specifically, Young teaches wherein the processor is further configured to determine whether the user is in a vertical position, a seated position, or a horizontal position (Column 6, lines 1-3: “ the portable device 114 can include one or more motion sensors, such as an accelerometer, to determine the user's body movement, position, and/or posture of the user during sleep”. Since Young discloses determining the user’s position and posture, that includes a vertical, seated, or horizontal position). Rogers, LV, Song, and Young are analogous arts as they all disclose a wearable device used to measure health parameters.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the determination of the user’s position as it allows for more information to be provided that can help the system determine whether the user is asleep or not. By knowing the position the user is sitting in, it can be easier for the system to determine the sleep state.
Regarding claim 5, the Rogers/LV/Song/Young combination teaches the system of claim 4.
However, the Rogers/LV/Song/Young combination does not teach wherein the processor is configured not to process positional data when the user is in the vertical position.
Young teaches wherein the processor is configured not to process the positional data when the user is in the vertical position (Column 15, lines 7-14: “the one or more first user parameters includes one or more of a body movement, a body position, and a body posture of the user, the determination of the state of the user includes generating body motion signals, body posture signals, or both, and the determination of whether the state of the user meets the one or more criteria includes determining whether the body motion signals, the body posture signals, or both meet one or more motion or posture thresholds”; Young, Column 8, lines 36-40: “The monitoring system can use the user's parameters to determine whether one or more criteria (e.g., sleep state) are met (step 258 of process 250). Once the one or more criteria are met, the monitoring system can measure the user's blood pressure (step 260 of process 250).”).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the step of not processing positional data when the user is in a vertical position from Young into the Rogers/LV/Song/Young combination as it allows the combination to only perform the processing when the user is in a sleeping position, which ensures data is only processed when the user is in the state that is meant to be analyzed.
Regarding claim 11, the Rogers/LV/Song combination teaches the system of claim 1.
However, the Rogers/LV/Song combination does not disclose wherein the processor is further configured to determine whether the user is in a vertical position, a seated position, or a horizontal position.
Young teaches wherein the processor is configured to determine whether the user is sleeping based on (1) the determination as to whether the user is in a vertical position, a seated position, or a horizontal position (Young, Column 15, lines 7-14: “the one or more first user parameters includes one or more of a body movement, a body position, and a body posture of the user, the determination of the state of the user includes generating body motion signals, body posture signals, or both, and the determination of whether the state of the user meets the one or more criteria includes determining whether the body motion signals, the body posture signals, or both meet one or more motion or posture thresholds”) and wherein the processor is configured to determine whether the user is sleeping based on (2) at least one of respiratory effort or pulse data determined for a first predefined time period (Column 14, lines 63-67: “the one or more first user parameters include breathing intervals, breathing amplitudes, or both, the determination of the state of the user includes generating one or more respiratory rate signals, one or more heart rate variability signals, or both from the breathing intervals, the breathing amplitudes, or both, and the determination of whether the state of the user meets the one or more criteria includes determining whether the one or more respiratory rate signals, the one or more heart rate variability signals, or both meet one or more respiratory thresholds.”; Column 4, lines 7-11: “The sensors can include one or more functionalities such as measuring the user's respiration rate and/or heart rate to determine, alone or in combination with signals from other components, the user's state”; Column 1, line 43-49: “Disclosed herein is a monitoring system configured to take a cuff-based measurement of the user's blood pressure and/or other health metrics while the user is in a certain sleep state, or in other user states. The monitoring system can include one or more sensors configured to measure the user's parameter(s) while lying in bed and/or sleeping, or while in other user states or conditions”; Column 51-59: “Based on whether the user is in the certain state and/or one or more criteria being met, the monitoring system can perform a physiological measurement such as a blood pressure measurement. The monitoring system can be capable of dynamically adjusting the measurement parameters, criteria, and acquired information based one or more scalers such as the user's parameters. The criteria can be based on user states or conditions (e.g., the user's sleep state”).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the determination of the user’s position and respiratory signals as it allows for more information to be provided that can help the system determine whether the user is asleep or not. By knowing the position the user is sitting in and their respiratory effort, it can be easier for the system to determine the sleep state.
Regarding claim 12, the Rogers/LV/Song/Young combination teaches the system of claim 11, wherein the processor is further configured to determine whether the user is sleeping further based on a change in respiratory effort or a change in pulse data during a second predefined period of time subsequent to the first predefined time period (Young, Column 14, lines 63-67: “the one or more first user parameters include breathing intervals, breathing amplitudes, or both, the determination of the state of the user includes generating one or more respiratory rate signals, one or more heart rate variability signals, or both from the breathing intervals, the breathing amplitudes, or both, and the determination of whether the state of the user meets the one or more criteria includes determining whether the one or more respiratory rate signals, the one or more heart rate variability signals, or both meet one or more respiratory thresholds.”; Column 4, lines 7-11: “The sensors can include one or more functionalities such as measuring the user's respiration rate and/or heart rate to determine, alone or in combination with signals from other components, the user's state”; Column 1, line 43-49: “Disclosed herein is a monitoring system configured to take a cuff-based measurement of the user's blood pressure and/or other health metrics while the user is in a certain sleep state, or in other user states. The monitoring system can include one or more sensors configured to measure the user's parameter(s) while lying in bed and/or sleeping, or while in other user states or conditions”; Column 51-59: “Based on whether the user is in the certain state and/or one or more criteria being met, the monitoring system can perform a physiological measurement such as a blood pressure measurement. The monitoring system can be capable of dynamically adjusting the measurement parameters, criteria, and acquired information based one or more scalers such as the user's parameters. The criteria can be based on user states or conditions (e.g., the user's sleep state”).
Regarding claim 13, the Rogers/LV/Song/Young combination teaches the system of claim 11.
However, the Rogers/LV/Song/Young combination does not teach wherein the processor is configured not to process positional data when the user is in the vertical position.
Young teaches wherein the processor is configured not to process positional data when the processor determines that the user is not sleeping (Column 8, lines 36-40: “The monitoring system can use the user's parameters to determine whether one or more criteria (e.g., sleep state) are met (step 258 of process 250). Once the one or more criteria are met, the monitoring system can measure the user's blood pressure (step 260 of process 250).”; Column 1, lines 50-62: “The user's parameter(s) can be used to determine whether the user is in a certain state. Based on whether the user is in the certain state and/or one or more criteria being met, the monitoring system can perform a physiological measurement such as a blood pressure measurement. The monitoring system can be capable of dynamically adjusting the measurement parameters, criteria, and acquired information based one or more scalers such as the user's parameters. The criteria can be based on user states or conditions (e.g., the user's sleep state, posture, the number of successful measurements, etc.) such that user disruptions such as sleep disruption can be reduced and the measurement accuracy and/or efficiency can be enhanced”; Column 3, lines 1-5: “detecting the health condition can be more accurate when the physiological measurement such as a blood pressure measurement is taken while the user is sleeping or in some other state or condition”).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the step of not processing positional data when the user is not sleeping from Young into the Rogers/LV/Song/Young combination as it allows the combination to only perform the processing when the user is in a sleeping position, which ensures data is only processed when the user is in the state that is meant to be analyzed.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Rogers in view of LV, Song, and Karvonen (US 20140372097).
Regarding independent claim 20, Rogers teaches a method for monitoring a sleep of a user ([0002]: “ Systems and methods are provided for mechano-acoustic electrophysiological sensing electronics derived from the body using a 3-axis high frequency accelerometer.”), the method comprising:
positioning a plurality of patches adjacent to a surface of a body of the user ([0126]: “the sensor systems of the inventor are wearable, tissue mounted or implantable or in mechanical communication or direct mechanical communication with tissue of a subject.”), each patch from the plurality of patches including an associated sensor from a plurality of sensors ([0136]: “FIG. 2 illustrates an example of a wearable (e.g., epidermally mounted) mechano-acoustic electrophysiological measurement device”; [0062]: “Differential measurement of separate areas of a patient’s body may also be useful in improving data collection and accuracy. In some cases a single device may measure two different areas by being positioned on a biological boundary, in some cases, multiple devices may be used.”).
However, Rogers does not teach a quantity of patches in the plurality of patches determined based on a simulation of a plurality of virtual patches.
LV discloses a physical activity monitoring method. Specifically, LV teaches on a simulation of a plurality of virtual sensors (Abstract: “the monitoring terminal establishing a simulation model based on the collected data and the input basic physical characteristic data of the athlete, and completing the positioning of the athlete's location, movement status, and physical condition assessment; inserting virtual actuators and virtual sensors into a simulation model; and activating the simulation analysis module to perform simulation analysis and complete the plotting of motion curves”). Rogers and LV are analogous arts as they are both related to systems that use sensors to determine the position of a user.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the simulation of a plurality of virtual patches from LV into the system from Rogers as it allows the system to evaluate how the user’s body would move and determine sensor positions.
However, the Rogers/LV combination does not teach wherein the plurality of predefined locations being determined based on a simulation.
Song discloses a bio-information measurement system. Specifically, Song teaches wherein the plurality of predefined locations being determined based on a simulation ([0027]: “a controller provides information on whether the installation position of the non-contact sensor is appropriate by using a signal simulation device that simulates a signal generated from a monitored subject”). Rogers, LV, and Song are analogous arts as they are all related to systems that use sensors to monitor the position of a user.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include predefined locations being determined based on the simulation as it allows the sensors to be placed in locations that have been determined to provide sufficient measurements from the simulation, ensuring that the actual measurements provide an appropriate signal.
However, the Rogers/LV/Song combination does not teach determining a quantity of patches based on the simulation.
Karvonen discloses a method for simulating a sensor device. Specifically, Karvonen teaches a quantity of patches ([0026]: “The number of established links may depend on the number of sensor devices simulated by the personal computer, e.g. the number of established links may be equal to the number of simulated sensor devices”. The combination of Karvonen into the Rogers/LV/Song combination teaches on this limitation, as Karvonen discloses determining a quantity of virtual patches, and Song discloses the virtual patches being used to determine the plurality of real patches, therefore the combination teaches the simulation determining the quantity of patches.). Rogers, LV, Song, and Karvonen are analogous arts as they are all related to systems that use sensors to monitor the position of a user.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the quantity of patches from Karvonen as the combination is silent on a number of patches, and Karvonen discloses using a specific number of patches in an analogous device.
The Rogers/LV/Song/Karvonen combination teaches causing positional data generated by the plurality of sensors to be transmitted to a processor (Rogers, [0013]: “The medical sensor may comprise a processor to provide a real-time metric”), the positional data including orientation data and motion data (Rogers, [0278]: “The device captures body orientation by measuring quasistatic gravity projection in device frame, which is associated to the core-body frame”; [0017]: “The electronic devices described herein may comprise a stretchable electrical interconnect, a microprocessor, an accelerometer, a stimulator, a resistor and a capacitor in electronic communication to provide sensing of vibration or motion by the accelerometer”);
processing the positional data via the processor by:
determining a first position of the body of the user at a first time;
determining a first image based on the first position of the body of the user at the first time;
detecting a change in position of the body of the user based on a measure function and a threshold value;
in response to detecting the change in position of the body of the user, determining a second position of the body of the user at a second time subsequent to the first time;
determining a second image based on the second position of the body of the user at the second time; and
generating, based on the first image and the second image, an animation of a movement of the body from the first position of the body of the user at the first time to the second position of the body of the user at the second time (Rogers, [0191]: “Another novel feature of this aspect of the invention is recapitulating sleep position and/or motion using the sensor across time. This allows using the accelerometer on the sensor to reconstruct movement and body position.”); [0027]: “The medical sensors described herein may be capable of reproducing an avatar or video representation of body position and movement of a subject across time”. The sensors are used to gather positional data and motion data and reconstruct a video with an avatar based on this data, therefore it is inherent that the system creates a first image based on the position of the body, then creates another image of the body using the data when a change of position is detected.).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Rogers in view of Toth (WO 2014197822).
Regarding independent claim 21, Rogers teaches a non-transitory computer readable medium storing instructions that, when executed by a processor, cause the processor to perform operations ([0132]: “embodiment may include a machine-readable medium having stored thereon instructions which may be used to program a computer (or other electronic devices) to perform a process”) comprising:
determining a first position of a body of a user at a first time and based on a patch ([0126]: “the sensor systems of the inventor are wearable, tissue mounted or implantable or in mechanical communication or direct mechanical communication with tissue of a subject.”; [0136]: “FIG. 2 illustrates an example of a wearable (e.g., epidermally mounted) mechano-acoustic electrophysiological measurement device”; [0062]: “Differential measurement of separate areas of a patient’s body may also be useful in improving data collection and accuracy. In some cases a single device may measure two different areas by being positioned on a biological boundary, in some cases, multiple devices may be used.”) that includes at least one of a first temperature sensor or a first humidity sensor ([0037]: “The medical sensors described herein may continuously monitor and generate a real-time metric. The real-time metric may be a social metric or a clinical metric. The clinical metric may be selected from the group consisting of … a temperature”).
However, Rogers does not teach the first temperature sensor or first humidity sensor at an inner-facing surface of the patch and at least one of a second temperature sensor or a second humidity sensor at an outer-facing surface of the patch.
Toth discloses a physiological monitoring system. Specifically, Toth teaches a first temperature sensor or a first humidity sensor at an inner-facing surface of the patch and at least one of a second temperature sensor or a second humidity sensor at an outer-facing surface of the patch ([00158]: “one approach for forming a core temperature estimating sensor in accordance with the present disclosure includes providing a patch in accordance with the present disclosure, the patch including at least one temperature sensor (e.g. a microcircuit based temperature sensor, a thermocouple, a bimetal strip, etc.), the patch configured so as to mate with a corresponding module, the module including one or more additional temperature sensors. The combination patch/module pair thus includes a plurality of temperature sensors (e.g. included in the patch, included in the module, etc.). Heat transfer from the adjacent tissues past the plurality of temperature sensors and into the surrounding environment will follow different pathways. The patch and/or module may include a plurality of controlled pathways with known heat transfer coefficients (e.g. such that the ratio of heat transfer coefficients between the pathways can be reasonably predicted). In aspects, the heat transfer coefficient along the pathway between the skin and each sensor may be known, and the heat transfer coefficient between each sensor and the surrounding environment may be known (e.g. to within a ratio). In aspects, the patch/module pair may include an additional temperature sensor, positioned so as to monitor a temperature near that of the surrounding environment (e.g. such as exposed on the surface of the module, on the surface of the patch pointing way from the body, collected from a local hub, from a smartphone, from a local weather report, or the like)”). Rogers and Toth are analogous arts as they are both related to systems that monitor a user’s sleep using patches.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the temperature sensors from Toth into the system from Rogers as it allows the system to measure temperature parameters of the user as well as the environment, which can provide important information about the user’s state which can be useful for analysis in the user’s sleep.
The Rogers/Toth combination teaches determining a first image based on the first position of the body of the user at the first time;
detecting a change in position of the body of the user based on a measure function and a threshold value;
in response to detecting the change in position of the body of the user, determining a second position of the body of the user at a second time subsequent to the first time;
determining a second image based on the second position of the body of the user at the second time; and
generating, based on the first image and the second image, an animation of a movement of the body from the first position of the body of the user at the first time to the second position of the body of the user at the second time (Rogers, [0191]: “Another novel feature of this aspect of the invention is recapitulating sleep position and/or motion using the sensor across time. This allows using the accelerometer on the sensor to reconstruct movement and body position.”); [0027]: “The medical sensors described herein may be capable of reproducing an avatar or video representation of body position and movement of a subject across time”. The sensors are used to gather positional data and motion data and reconstruct a video with an avatar based on this data, therefore it is inherent that the system creates a first image based on the position of the body, then creates another image of the body using the data when a change of position is detected.).
Response to Arguments
Applicant’s arguments with respect to claims 1-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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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/E.K.M./Examiner, Art Unit 3791
/MATTHEW KREMER/Primary Examiner, Art Unit 3791