Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This office action is in response to the amendment filed on 12/11/2025. Currently claims 1-17 are pending.
Response to Arguments
Applicant’s arguments, see pg. 5, filed 12/11/2025, with respect to the previous objection of claim 1 have been fully considered and are persuasive based on the amendment to claim 1. The previous objection of claim 1 has been withdrawn.
Applicant's arguments, see pg. 5 filed 12/11/2025 with respect to the double patenting rejection of claims 1-16 in view of co-pending AP 17/891063 have been fully considered but they are not persuasive. Applicant has not provided any arguments as to why they believe the double patenting rejection is wrong or a terminal disclaimer to overcome the current double patenting rejection of claim 1-16 in view of co-pending AP 17/891063 (now patent 12515057). Therefore, the rejection is maintained. However, the rejection has been updated to reflect the change from a provisional double patenting rejection to a double patenting rejection based on the change of status of the application into a patent.
Applicant’s arguments, see pg. 5, filed 12/11/2025, with respect to the rejection of claims 1-16 under 35 USC 101 as being directed to an abstract idea without substantially more have been fully considered and are persuasive. The previous 101 rejection of claims 1-16 has been withdrawn.
Double Patenting
Claims 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12515057 (previously AP 17891063) hereafter known as Pat ‘057. Although the claims at issue are not identical, they are not patentably distinct from each other because Pat ‘057 anticipates all the limitations as outlined below.
Claim in this application
Where the limitations can be found in Pat ‘057
Further clarification if needed
Claim 1
See claim 1
Please note that Claim 1 of this application states: “wherein the multiple modes of automated analysis includes processing video data and physiological sensor data by a trained neural network” while AP ‘063 recites “wherein the multiple modes of automated analysis includes processing video data and patient movement sensor data by a trained neural network”
Patient movement sensor data is understood to be a type of physiological data under broadest reasonable interpretation.
Claim 2
See claim 2
Claim 3
See claim 3
Claim 4
See claim 4
Claim 5
See claim 5
Claim 6
See claim 6
Claim 7
See claim 7
Claim 8
See claim 8
Claim 9
See claim 9
Claim 10
See claim 10
Claim 11
See claim 11
Claim 12
See claim 12
Claim 13
See claim 13
Claim 14
See claim 14
Claim 15
See claim 15
Claim 16
See claim 16
“Accelerometers” recited in AP ‘063 are interpreted as this application’s claimed “one or more sensors”.
Claim 17 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 16 of US Pat ‘057 in view of Lafon et al (WO-2022035646) hereafter known as Lafon because US Pat ‘057 in view of Lafon obviate all the limitations as outlined below.
US pat ‘057 in view of Lafon discloses the invention substantially as claimed including all the limitations of claims 1 and 16 as outlined above which includes a patient controller (PC), sensors and smartwatch.
However, US pat ‘057 is silent as to how the PC, sensors and smartwatch communicate. Therefore, US pat ‘057 fails to disclose “receiving, at the CP and using a wireless communication network, the physiological sensor data from the smartwatch”.
Lafon discloses in the analogous art of physiological diagnostics [see para 19… “In an aspect, the present disclosure is directed to a method for assessing the presence of or likelihood of developing a medical condition of a user of a wearable computing device. The method includes receiving, from a first sensor on the wearable computing device, first temperature data relating to a first temperature measurement of the user.”] that a wireless network is a known way to communicate physiological information between different components of a system (i.e. including receiving, at the CP and using a wireless communication network, the physiological sensor data from the smartwatch) [see para 34… “For many of these devices there will be at least some amount of wireless connectivity, enabling data transfer between a networked device or computing device and the wearable device. This might take the form of a BLUETOOTH® connection enabling specified data to be synchronized between a user computing device and the wearable device, or a cellular or Wi-Fi connection enabling data to be transmitted across at least one network such as the Internet or a cellular network.” and see para 36… “The smart watch may be able to communicate with the service provider 308 through at least one network 310, such as the Internet or a cellular network, or may communicate over a wireless connection such as Bluetooth® to one of the individual devices, which can then communicate over the at least one network.”]
Since US pat ‘057 is silent as to how the smartwatch and CP communicate and Lafon discloses using a wireless communication network to communicate information between different components, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify US pat ‘057 by including a wireless communication and the transmit physiological sensor data from the smartwatch to the CP (i.e. receiving, at the CP and using a wireless communication network, the physiological sensor data from the smartwatch) because this is a known way in physiological diagnostics to transmit physiological data.
Examiner Note
The only prior art found to demonstrate the features of claims 1-17 are US pat 12515057 under non-statutory double patenting and/or US pat 12515057 in view of Lafon under non-statutory double patenting as outlined above. Therefore, if applicant is able to overcome these rejections, claims 1-17 would be allowed.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEBASTIAN X LUKJAN whose telephone number is (571)270-7305. The examiner can normally be reached Monday - Friday 9:30AM-6PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NIKETA PATEL can be reached at 571-272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
SEBASTIAN X LUKJAN
/SXL/Examiner, Art Unit 3792
/NIKETA PATEL/Supervisory Patent Examiner, Art Unit 3792
Prosecution Insights