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 .
DETAILED ACTION
Claim Rejections - 35 USC § 103
1. 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.
2. Claims 1-8, 13-14 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2016/0113517 (provided in the IDS)), in view of Hart et al. (US 2016/0103338), further in view of Baldwin (US 11,406,330) and Stevens et al. (US 2018/0108440).
3. Addressing claim 1, Lee discloses an infection or disease sensing system for determining whether a human user has one of a plurality of infection or disease conditions in response to a sensed condition of the human user, the infection or disease sensing system comprising (see [0075]):
a remote temperature measuring subsystem for remote body temperature measurement of a human user, the subsystem optionally comprising: a first imaging sensor to capture a first image of a body part of the human or animal user (see Fig. 2 and [0110]; 180a);
wherein the first imaging sensor and the thermal sensor have overlapping fields of view (see Fig. 2 and [0110]);
a first image processor to process the first image to identify when the body part is present in a field of view of the thermal sensor (see Fig. 2, [0128-0129], [0197] and [0200-0201]; display image of ear or forehead; adjust measurement to measure ear or forehead therefore identification is implicit; as see in Fig. 2, body part is in the field of view of thermal sensor; user identify body part is in the field of view of thermal sensor or using processor to perform identification only require routine skill in the art; In reVenner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958) (Appellant argued that claims to a permanent mold casting apparatus for molding trunk pistons were allowable over the prior art because the claimed invention combined “old permanent-mold structures together with a timer and solenoid which automatically actuates the known pressure valve system to release the inner core after a predetermined time has elapsed.” The court held that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art.));
a thermal measurement processing subsystem to process the thermal measurement to identify locations of one or more blood vessels in the thermal measurement (see Fig. 5, [0102] and [0125-0127]; the temperature is detected at the places with the highest infrared values that means where the blood vessels are located);
wherein the remote temperature measuring subsystem is configured to determine a body temperature of the human user from the thermal measurement of the blood vessels (see Fig. 5, [0101-0102] and [0125-0127]; take temperature where arteries/blood vessel are distributed);
wherein the body temperature of the human user is determined from the thermal measurement of the blood vessels in response to the identification of when the body part is present in the field of the thermal imaging camera (see Fig. 2, [0128-0129] and [0200-0201]);
wherein the infection or disease sensing system is further configured to determine one or more biomarker values for one or more further characteristics of the human or animal user (see [0246]; bio sensor, ECG, EMG and EEG sensor provide biomarker values for one or more further characteristics of the human or animal user);
a classifier, configured to process the body temperature of the human user determined from the thermal measurement of the blood vessels and the one or more further biomarker values, to provide a classification output for selecting one of the plurality of infection or disease conditions to assign to the human user (see [0074-0075]; obtain diagnostic result and information from server; the server classify certain medical condition based on user temperature).
Lee does not explicitly disclose thermal camera to measure temperature of blood vessel and the thermal image to map locations of a portion of one or more blood vessels in the thermal image by differentiating between regions in the thermal image indicative of the blood vessel and regions in the thermal image that do not indicate the presence of the blood vessel; selectively using pixels of the thermal image representing the blood vessels to determine the body temperature of the human user. Lee discloses thermal sensor, but does not indicate the sensor is a camera. Hart explicitly discloses thermal camera to measure temperature of arteries/blood vessel and the thermal image to map locations of a portion of one or more blood vessels in the thermal image by differentiating between regions in the thermal image indicative of the blood vessel and regions in the thermal image that do not indicate the presence of the blood vessel; selectively using pixels of the thermal image representing the blood vessels to determine the body temperature of the human user (see abstract, [0083] and [0100]; thermal images use algorithm to map locations of a portion of one or more blood vessels in the thermal image by differentiating between regions in the thermal image indicative of the blood vessel and regions in the thermal image that do not indicate the presence of the blood vessel (distinguish iris from pupil); thermal images use algorithm to determine blood vessel temperature to monitor body temperature; using thermal images to measure temperature is using it pixels or voxels to determine temperature; IR images capture by IR camera in the eyewear). Hart discloses thermal camera therefore Lee in view of Hart discloses a first image processor to process the first image to identify when the body part is present in a field of view of the thermal camera. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to use thermal camera to measure temperature of blood vessel and the thermal image to map locations of a portion of one or more blood vessels in the thermal image by differentiating between regions in the thermal image indicative of the blood vessel and regions in the thermal image that do not indicate the presence of the blood vessel as taught by Hart because thermal camera provides an accurate and robust way of measuring temperature remotely (see [0083]; in thermal image each pixel provide temperature information; infrared camera allow for characterizing a thermally distinguishable site in a human body).
Lee does not disclose image of a part of the body between the radius and ulna, wherein the system is configured to align the part of the body of the human user between the radius and ulna for viewing by the imaging camera. Lee’s system is capable of imaging any part of the body. Hart discloses thermal camera. Baldwin explicitly discloses image of a part of the body between the radius and ulna, wherein the system is configured to align the part of the body of the human user between the radius and ulna for viewing by the imaging camera and wherein the blood vessels include one or both of the radial and ulna arteries (see Fig. 4, abstract and col. 1, lines 20-23; the IR camera takes images of ulnar artery and the surrounding region (part of the body) between radial artery and ulnar artery; the camera field of view cover the ulnar artery and the surrounding region (part of the body) between radial artery and ulnar artery; the device wear on the wrist of the user align the part of the body of the human user between the radius and ulna for viewing by the IR imaging camera). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to have image of a part of the body between the radius and ulna, wherein the system is configured to align the part of the body of the human user between the radius and ulna for viewing by the imaging camera as taught by Baldwin because this allows view/physician to determine, analyze blood vessel to determine blood pressure (see abstract and col. 1, lines 20-23).
Lee does not disclose machine learning. Stevens discloses machine learning (see [0005], [0027], [0056], [0082] and [0092]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to have machine learning as taught by Stevens because help determine cardiac, pulmonary and respiratory disease (see [0082] and [0092]).
4. Addressing claims 2-6, 13-14 and 17, Hart discloses:
addressing claim 2, wherein the thermal image processing subsystem is configured to determine one or more of the biomarker values from one or more of the thermal images, and wherein the one or more biomarker values include the one or more biomarker values from one or more of the thermal images (see [0062] and [0100]; detect temperature change is a biomarker values; thermal signature, oxygen level is biomarker).
addressing claims 3-6, Hart discloses taking a series of infrared/thermal images and one of ordinary skill in the art know that varies in temperature or thermal images provide information regarding heart rate, blood pressure and nitric oxide (see the prior art made of record and not relied upon is considered pertinent to applicant's disclosure in the conclusion section).
addressing claim 13, wherein the one or more biomarker values include a biomarker value for a point temperature at a target location on the surface of the body part, and further comprising a point temperature sensing system to remotely sense a temperature at a point location, and wherein the infection or disease sensing system is further configured to determine a biomarker value for the point temperature at a target location on the surface of the body part (see [0100]; each pixel/point in the thermal images provide temperature information; Lee discloses diagnostic information provided when receive temperature information (see [0075])).
addressing claim 14, a system to detect a position of the target location in relation to a position of the point location, and to provide feedback to a user to enable the user to move the body part in relation to the point location so that the point location and target location coincide (see Lee’s paragraphs [0123], [0200-0201]; examiner interpret the claim as adjust body part to align with temperature sensor/camera (see applicant’s specification paragraph [0103]; Lee identify how close or far they should bring the electronic device 101 to/from the forehead of the infant 400; this basically detect a position of the target location in relation to a position of the point location; then Lee make distance adjustment (instructs the user to adjust the distance from the object whose temperature is to be measured) which is move the body part in relation to the point location so that the point location and target location coincide).
addressing claim 17, wherein the body part comprises a wrist and/or forearm of the user (see Lee’s Fig. 2, the device is capable of take temperature of wrist and/or forearm; this is just a designer choice that only require routine skill in the art).
Addressing claims 7-8 and 18, Stevens discloses machine learning to process the sound to determine biomarker value for the respiratory infection/disease and detect cardiac condition (heart disease) (see [0005], [0027], [0056], [0082] and [0092]; also disclose microphone to capture sound; determine biomarker value (abnormal sound) to determine cardiac, pulmonary and respiratory disease).
5. Claims 9 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2016/0113517 (provided in the IDS)), in view of Hart et al. (US 2016/0103338), further in view of Baldwin (US 11,406,330), Stevens et al. (US 2018/0108440) and Bevan et al. (WO 2018/229498 (provided in the IDS)).
6. Addressing claims 9 and 11-12, Lee does not disclose gas sensor; wherein the one or more biomarker values include a biomarker value for a level of sweat on the surface of the body part, and further comprising a moisture sensor to sense moisture on a surface of the body part, and wherein the infection or disease sensing system is further configured to determine the biomarker value for a level of sweat on the surface of the body part and wherein the moisture sensor comprises an optical reflectivity sensor to remotely sense moisture on the surface of the body part. Bevan discloses gas sensor; wherein the one or more biomarker values include a biomarker value for a level of sweat on the surface of the body part, and further comprising a moisture sensor to sense moisture on a surface of the body part, and wherein the infection or disease sensing system is further configured to determine the biomarker value for a level of sweat on the surface of the body part and wherein the moisture sensor comprises an optical reflectivity sensor to remotely sense moisture on the surface of the body part (see Fig. 1a and page 2, last paragraph; 128 moisture sensor sense sweat; 123 and 125 are chemical and gas sensor; Bevan disclose many biomarker such as temperature, heart rate, moisture level; using optical sensor or any other sensor is just a designer choice that only require routine skill in the art and does not change operation principle). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to use gas sensor and moisture sensor as taught by Bevan because this help determine disease state (see page 2, first paragraph).
7. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2016/0113517 (provided in the IDS)), in view of Hart et al. (US 2016/0103338), further in view of Baldwin (US 11,406,330), Stevens et al. (US 2018/0108440), Mault et al. (US 2003/0130567) and Shedrinsky (US 2012/0233679).
8. Addressing claim 15, Lee does not disclose a user identification system with token reader to allow transmit/store or access information. However, this is well-known in the art. It just an identification system. Mault discloses using token reader to determine a user ID and allow server to transmit diagnostic information to user (see [0091], [0099] and [0100]). Shedrinsky discloses transmit user id with temperature, etc. (see [0074]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to have a user identification system using token reader as taught by Mault and Shedrinsky because this allows safe access/transmit of patient data. The phone device discloses by Lee is capable of taking image and temperature of the wrist of the person holding token/card.
9. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2016/0113517 (provided in the IDS)), in view of Hart et al. (US 2016/0103338), further in view of Baldwin (US 11,406,330), Stevens et al. (US 2018/0108440), Mault et al. (US 2003/0130567), Shedrinsky (US 2012/0233679) and Ropel et al. (US 2020/0388091).
10. Addressing claim 16, Lee does not disclose cryptographic blockchain with user ID/identification and timestamp. However, this is a well-known method of secure communication. Ropel explicitly discloses cryptographic blockchain with user ID/identification and timestamp (see [0029]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to have cryptographic blockchain with user ID/identification and timestamp as taught by Ropel because the use of blockchain technology ensures that the data is immutable and valid throughout the cycle (see [0024]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-9,11-16 and 18 and 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2021/0307621 (see [0113]; detect heart rate based on thermal images); US 2021/0113093 (see [0024] and [0243]; determine blood pressure base on thermal images); US 2006/0159726 (see [0030]; detect production of nitric oxide by measuring temperature changes); US 4,956,859 (see Fig. 1, image radius and ulnar) and US 2003/0204144 (see [0067] and claims 12-13; image radial artery).
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 HIEN NGOC NGUYEN whose telephone number is (571)270-7031. The examiner can normally be reached Monday-Thursday 8:30am-6:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Raymond can be reached at (571)270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HIEN N NGUYEN/
Primary Examiner
Art Unit 3793