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 .
Claim Objections
Claims 15 and 19 objected to because of the following informalities:
In claim 15, “the first body temperature data of the user according to the first cycle” should read “the first body temperature data of the user
In claim 19, “wherein the method comprises updating” should read “wherein the method comprises: updating.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 14, and 20 discusses the following claim limitations: “non-contact temperature sensor measuring at a first frequency; non-contact temperature sensor measuring at a second frequency distinct from the first frequency, wherein second frequency is lower than the first frequency.” In paragraphs 0053-0055, the specification discusses the wireless communication module containing high-frequency bands in order to achieve high data transfer rate, and fails to discuss the non-contact temperature sensor measuring at different frequencies. Therefore, Claims 1, 14, and 20 discuss new matter.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Each of Claims 1-20 has been analyzed to determine whether it is directed to any judicial exceptions.
Step 2A, Prong 1
Each of Claims 1-20 recites at least one step or instruction for identifying the user’s menstrual cycle and providing a service based on their menstrual cycle, which is grouped as a mental process under the 2019 PEG or a certain method of organizing human activity under the 2019 PEG. Accordingly, each of Claims 1-20 recites an abstract idea.
Specifically, Claims 1, 14, and 20 recite:
Claim 1 | “a wearable device comprising: a non-contact temperature sensor; a biometric sensor; a motion sensor; at least one processor comprising processing circuitry; and a memory comprising one or more storage media, storing instructions; and
Wherein the instructions, when executed by the at least one processor individually or
collectively, cause the wearable device to:
identify whether a user is in a stable state in a day cycle (Judgement);
based on the user being in the stable state, obtain, using the non-contact temperature sensor measuring at a first frequency, first body temperature data of the user (Observation);
based on the user being in an unstable state (Judgement);
obtain, using the motion sensor, values for indicating a change of motion of the user (Observation), and
in response to identifying that each of the values for indicating the change of motion of the user is less than a reference value (Judgement), obtain, using the non-contact temperature sensor measuring at a second frequency distinct from the first frequency (Judgement), second body temperature data, wherein second frequency is lower than the first frequency (Judgement);
obtain, based on the first body temperature data and the second body temperature data obtained in the day cycle, first information on a trend in which body temperature of the user changes in the day cycle (Judgement);
identify, based at least part on the first information, a menstrual cycle of the user; and provide a service according to the menstrual cycle of the user (Judgement).”
Claim 14 | “A method performed by a wearable device comprising:
identifying whether a user is in a stable state in a day cycle (Judgement);
based on the user being in the stable state, obtaining, using a non-contact temperature sensor measuring with the first frequency, first body temperature of the user (Observation);
based on the user being in an unstable state (Judgement);
obtaining, using a motion sensor, values for indication a change of motion of the user (Judgement), and
in response to identifying that each of the values for indicating the change of motion of the user is less than a reference value (Judgement), obtaining, using the non-contact temperature sensor measuring with a second frequency distinct from the first frequency (Judgement), second body temperature data (Observation), wherein the second frequency is lower than the first frequency (Judgement);
obtaining, based on the first body temperature data and the second body temperature data obtained in the day cycle, first information on a trend in which body temperature of the user changes in the day cycle (Judgement);
identifying, based at least part on the first information, a menstrual cycle of the user; and providing a service according to the menstrual cycle of the user (Judgement).”
Claim 20 | “a non-transitory computer readable storage medium storing one or more programs, the one or more programs including instructions, which, when being executed by at least one processor of a wearable device with a non-contact temperature sensor, a biometric sensor, a motion sensor, and a memory, cause the wearable device to:
identify whether a user is in a stable state in a day cycle (Judgement);
based on the user being in the stable state, obtain, using the non-contact temperature sensor measuring at a first frequency, first body temperature data of the user (Observation);
based on the user being in an unstable state (Judgement);
obtain, using the motion sensor, values for indicating a change of motion of the user (Judgement), and
in response to identifying that each of the values for indicating the change of motion of the user is less than a reference value (Judgement), obtain, using the non-contact temperature sensor measuring at a second frequency distinct from the first frequency (Judgement), second body temperature data (Observation), wherein second frequency is lower than the first frequency (Judgement);
obtain, based on the first body temperature data and the second body temperature data obtained in the day cycle, first information on a trend in which body temperature of the user changes in the day cycle (Judgement);
identify, based at least part on the first information, a menstrual cycle of the user; and provide a service according to the menstrual cycle of the user (Judgement).”
Regarding the dependent claims, the following dependent claims are directed to steps that are also abstract or organizing human activity:
These are a few examples, all applications will contain different bullets
Claims 2-7, 10-13, 15-19 include steps that are also abstract as a mental process through additional data gathering or analysis
Claim 8 identifies the designated states within the menstrual cycle.
Although the dependent claims are further limiting, they do not recite significantly more than the abstract idea. A narrowing idea is still an abstract idea and an abstract idea with additional well-known equipment/functions are not significantly more than the abstract idea.
Accordingly, as indicated above, each of the above-identified claims recites an abstract idea.
Step 2A, Prong 2
Regarding Claims 1, 14, and 20 (and their respective dependent claims), meets Step 2A, Prong 2 because the above-identified abstract idea in each of independent claims are not integrated into a practical application. The above-identified abstract ideas do not improve the following: function of a particular machine, manufacture or other technology; treatment or prophylaxis for a disease or medical condition; or transforming or reducing of a particular article to a different state or thing (MPEP 2106.04(d)).
Step 2B
Lastly, the claims as a whole are analyzed to determine whether any elements, or in combination, to ensure that they amount to significantly more than the judicial exception itself. However, these claims do not appear to recite additional elements that amount to significantly more than the judicial exception.
The recited additional elements, more specifically wearable device, a non-contact temperature sensor, a biometric sensor, a motion sensor, and PPG Sensor, are not significantly more because US Reference 20200359914 A1 provides evidence within Paragraph 0058 that they are well-known, routine, and conventional.
The above-identified additional elements, more specifically at least one processor comprising processing circuitry, a memory comprising one or more storage media, non-transitory computer readable storage medium, and display, are generically claimed computer components which enable the above-identified abstract idea(s) to be conducted by performing the basic functions of automating mental tasks. The courts have recognized such computer functions as well understood, routine, and conventional functions when claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity. See, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); and OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93.
Therefore, none of the Claims 1-20 amounts to significantly more than the abstract idea itself. Accordingly, Claims 1-20 are not patent eligible and rejected under 35 U.S.C. 101.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
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 and 3-12 are rejected under 35 U.S.C. 103 as being unpatentable over Pardey et al. (US 20190110692 A1) in view of Chien et al. (US 20170135600 A1) and Seo et al. (US 20160120048 A1).
Regarding Claim 1, Pardey discloses a wearable device (Figure 9; Paragraph 0427, The aural sensor of FIG. 9 is implemented in the form of an in-ear earphone or ear plug that fits within the ear of the user) comprising:
A non-contact temperature sensor (Paragraph 0428, the illustrated temperature sensor includes a thermometer, in particular a tympanic temperature sensor that uses infrared radiation and a thermopile detector to measure the tympanic temperature within the ear);
A biometric sensor (Paragraph 0429, The earphone of FIG. 9a also includes a heart rate sensor, which provides a further indication of the level of activity of a user, since the heart rate of the user will increase as a result of sustained activity);
A motion sensor (Paragraph 0429, The earphone further includes an accelerometer for measuring movement of the user, preferably in multiple planes. The accelerometer is preferably implemented as a multiple-axis micro electro-mechanical system (MEMS). The accelerometer can be used to determine whether a user is moving and, if so, their activity level);
At least one processor (Paragraph 0025); and
A memory comprising a storage media, (Paragraph 0434, The processor interfaces with the sensors and a memory to cause the sensors to transmit data to store in the memory; [Examiner’s note, Pardey teaches that memory stores data from various sensors, meaning a storage medium is required for data retention.]), storing instructions; and
Wherein the instructions, when executed by the at least one processor individually or collectively, cause the wearable device to (Paragraphs 0434, 0511):
Identify whether a user is in a stable state in a day cycle (Figure 4; Paragraph 0592; [Examiner’s note, the stable state is the overnight time period.]);
Based on the user being in the stable state, obtain, using the non-contact temperature sensor, first body temperature data of the user (Figure 2; [Examiner’s note, refer to annotated Figure 1 to see the difference between a first period and a second period]; Paragraph 0001, The basal body temperature can be most accurately measured while the user is asleep or immediately upon waking, before there is significant movement or activity by the user; Paragraph 0310, receiving a plurality of temperature readings obtained from the female human user during an extended period when the user is expected to be at rest or asleep);
Based on the user being in an unstable state (Figure 2; Paragraph 0582):
Obtain, using the motion sensor, values for indicating a change of motion of the user (Figure 2; [Examiner’s note, refer to annotated Figure 1 to see the difference between a first period and a second period]; Paragraph 0001, The basal body temperature can be most accurately measured while the user is asleep or immediately upon waking, before there is significant movement or activity by the user; Paragraph 0507, an accelerometer can be used in conjunction with a temperature sensor and data from the accelerometer used to determine which temperature readings were taken while the user was at rest, and which were taken during a period of activity for the user. Use of an accelerometer together with a temperature sensor can enable the system to disregard temperature readings that were not taken during a period of rest for the user. Readings may be disregarded as part of the data filtering method described above);
In response to identifying that each of the values for indicating the change of motion of the user is less than a reference value, obtain, using the non-contact temperature sensor, second body temperature data (Paragraph 0134-0139, 0168, 0508; [Examiner’s note, a plurality of temperature measurements are recorded over multiple extended periods (first period, second period, etc), when the movement indicator is indicates that there is a change in motion by the user that is greater than the reference value (threshold), then the corresponding temperature readings are discarded. However, if the movement indicator indicates the change in motion is less than the reference value then the plurality of temperature readings is recorded. One skill in the art can conclude the second plurality of temperature measurements are recorded]);
Obtain, based on the first body temperature data and the second body temperature data obtained in the day cycle, first information on a trend in which body temperature of the user changes in the day cycle (Figure 2; Paragraphs 0515-0516).
Identify, based at least part on the first information, a menstrual cycle of the user (Paragraphs 0081-0082; [Examiner’s note, the health condition may identify the menstrual cycle of the user. For example, it can detect when the user is ovulating within the menstrual cycle.]); and provide a service according to the menstrual cycle of the user (Paragraphs 0145-0165).
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Annotated Figure 1 | Figure 2 from Pardey is annotated to illustrate the difference between the two periods. The first period, illustrates when the user is asleep, while the second period represents when the user is awake.
Pardey does not explicitly teach the temperature sensor measuring at different frequencies; the processor comprising processing circuitry;
Chien teaches temperature sensor measuring at different frequencies (Chien | Paragraph 0114; [Examiner’s note, the frequency range allows flexibility when measuring the temperature of the user when they are in a stable versus an unstable state. Lowering the sampling frequency during motion, unstable state, serves a dual purpose: filtering noise from movement and conserving battery power. Whereas high-frequency sampling rate is used during a resting period, stable state, to measure noise free temperature data.]). One having an ordinary skill in the art the time the invention was filed would have found it obvious to modify the wearable device of Pardey to incorporate the teachings of a temperature sensor with a frequency range from Chien because the sampling rate allows for accurate data measurement when the user is in a stable versus unstable state and conserver battery power (Chien | Paragraph 0114).
Lastly, Seo teaches processor comprising processing circuitry (Seo | Paragraph 0071). One having an ordinary skill in the art the time the invention was filed would have found it obvious to modify the wearable device of Pardey in view of Chien to incorporate the teachings of a CPU and internal memory from Seo because the wearable device's CPU processes raw data using built-in algorithms (Seo | Paragraph 0072).
Regarding Claim 3, Pardey in view of Chien and Seo teaches the wearable device according to claim 1, wherein the first information on the trend includes first body temperature values obtained at a plurality of time points in the day (Pardey | Figure 2; [Examiner’s note, the first information can be interpreted as the trend from June 10th from Figure 2]), and
wherein the instructions (Pardey | Paragraph 0435), when executed by the at least one processor individually (Pardey | processor – element 11) or collectively [Examiner’s note, the claim comprises multiple limitations; however, only one of the alternatives needs to be supported by the prior art.], cause the wearable device to:
identify second information on a trend in which the body temperature of the user
changes in the day cycle (Pardey | Figure 2; [Examiner’s note, the second information can be interpreted as the trend from June 11th from Figure 2]), stored in the memory (Paragraph 0021, a memory for storing the series of representative temperature values),
identify, based on the second information, second body temperature values mapped to the plurality of time points (Pardey | Figure 2; Paragraph 0090, a temperature sensor arranged in or on the body of the user to obtain a second plurality of readings of the temperature of the user),
obtain, based on a difference between the first body temperature values and the second body temperature values mapped to the plurality of time points, third body temperature values mapped to the plurality of time points, by changing at least one of the first body temperature values (Pardey | Paragraph 0184-0186, 0348, 0539; [Examiner’s note, the representative temperature value is determined by using the filtered data from two extended time periods; the noise from the first and second body temperature measurements are removed. One skilled in the art can determine the representative temperature value for a third extended period (third body temperature value) is based on the first and second body temperature value.]),
obtain, based on the third body temperature values, third information on a trend in which the body temperature of the user changes in the day cycle (Pardey | Paragraph 0021-0022 and 0550-0556; Figure 2 and 4; [Examiner’s note, the apparatus has the ability to create multiple graph trends based off of the 10 24-hour readings, as shown in Figure 2. Therefore, there can be at least 10 trends. Thus, creating the possibility for 10 information created within the first cycle. Additionally, a cycle within this prior art refers to a menstrual cycle as shown in Figure 4.]), and
identify, based on the second information and the third information (Pardey | Figure 3; [Examiner’s note, the figure illustrates multiple trends collected from various sensors over the course of the user’s ovulatory cycle]), a state of the user from among designated states circulated along the menstrual cycle (Pardey | Figure 7a-b; Paragraph 0647).
Regarding Claim 4, Pardey in view of Chien and Seo teaches the wearable device according to claim 3, wherein the instructions (Pardey | Paragraph 0435), when executed by the at least one processor individually (Pardey | processor – element 11) or collectively [Examiner’s note, the claim comprises multiple limitations; however, only one of the alternatives needs to be supported by the prior art.], cause the wearable device to:
identify, based on the second information and the third information, fourth body temperature values that satisfy a designated condition according to the day cycle repeated in the menstrual cycle (Pardey | Paragraph 0021-0022),
obtain, based on the fourth body temperature values, fourth information on a trend in which the body temperature of the user changes in the menstrual cycle (Pardey | Figure 7a-b; Paragraph 0647),
identify, based on the fourth information, the state of the user from among the designated states circulated along the menstrual cycle (Pardey | Figure 3, Paragraph 0415, FIG. 3 shows processed data obtained from a woman over her complete ovulatory cycle (except for days 0 to 8 where menstruation took place); Figures 7a and 7b; Paragraph 0640, FIGS. 7a and 7b illustrate schematically two cycles of data obtained from a particular user; [Examiner’s note, Figure 3 illustrates the various trends based from the data collected from the user over the duration of the user’s menstrual cycle, but does not clearly identify the designated states. However, Figures 7a-b clearly identifies the designated states of the user.]).
Regarding Claim 5, Pardey in view of Chien and Seo teaches the wearable device according to claim 3, wherein a deviation value of the third body temperature values with respect to the second body temperature values is less than a deviation value of the first body temperature values with respect to the second body temperature values (Pardey | Paragraph 0184-0186 and 0539; Paragraph 0583, The conclusion drawn from FIG. 2 is reinforced by the data shown in the table below which compares the standard deviation (SD) of temperature readings taken every 5 minutes both during the day and during an overnight time period when the subject was asleep; [Examiner’s note, the third body temperature values remove the noise from the first body temperature values which therefore would have a lower standard deviation between second body temperature values.]).
Regarding Claim 6, Pardey in view of Chien and Seo teaches the wearable device according to claim 3, wherein the instructions (Pardey | Paragraph 0435), when executed by the at least one processor individually (Pardey | processor – element 11) or collectively [Examiner’s note, the claim comprises multiple limitations; however, only one of the alternatives needs to be supported by the prior art.], cause the wearable device to: update, based on the second information and the third information, the trend in which the body temperature of the user changes in the day cycle according to the second information (Pardey | Paragraphs 0610, 0562).
Regarding Claim 7, Pardey in view of Chien and Seo teaches the wearable device according to claim 3, wherein the instructions, wherein the instructions (Pardey | Paragraph 0435), when executed by the at least one processor individually (Pardey | processor – element 11) or collectively [Examiner’s note, the claim comprises multiple limitations; however, only one of the alternatives needs to be supported by the prior art.], cause the wearable device to: identify, based on the second information, a critical range for the body temperature of the user (Pardey | Paragraphs 0610; [Examiner’s note, the second information, according to claim 3, is on a trend in which the body temperature of the user changes within the first cycle. Within this cycle, the predetermined temperature threshold (critical range for the body temperature of the user) is based on the moving average from the second information.]), and identify at least one of the first body temperature values outside the identified critical range (Pardey | Paragraphs 0349-0353; [Examiner’s note, the first plurality of consecutive temperature readings and the second plurality of consecutive temperature readings are generic. These readings can be taken within any extending period within a cycle. For example, the data can be collected on Day 11 out of 28, where there is a plurality of temperature values recorded. During the duration of the extended period, the recorded temperature may exceed the predetermined temperature value (critical range).]).
Regarding Claim 8, Pardey in view of Chien and Seo teaches the wearable device according to claim 4, wherein the designated states include menstrual status, follicular status, ovulatory status, and luteal phase status (Pardey | Figure 3; Figure 7a-b; Paragraphs 0593-0600 and 0641-0646; [Examiner’s note, Figure 3 only illustrates the ovulatory cycle, which includes the follicular, ovulatory, and luteal phases/statuses on the graph. While as Figures 7a-b incorporates all 4 phases/statuses of the menstrual cycle, which is a 28-day cycle.]).
Regarding Claim 9, Pardey in view of Chien and Seo teaches the wearable device according to claim 4, wherein the wearable device comprises a display (Pardey | display screen – element 13), and
wherein the instructions (Pardey | Paragraph 0435), when executed by the at least one processor individually (Pardey | processor – element 11) or collectively [Examiner’s note, the claim comprises multiple limitations; however, only one of the alternatives needs to be supported by the prior art.], cause the wearable device to:
identify, based on the fourth information, a time point in which an event related to the user will occur (Pardey | Figures 2 and 7a-b; [Examiner’s note, the figures from 7a-b illustrates the full duration of a cycle, which consists with a plurality of extended periods (each day accounts for a specific period). Based upon the total cycle, the time point in which an event related to the user can be seen in better day within Figure 2. For example, the cycle contains data collected from June 1st through the 28th. However, an event occurred within June 10th and June 11th. The user has the ability to look into more specific data involved within a specific period within the whole cycle.]), and
display, using the display, a guide for the time point in which the event related to the user will be occurred (Pardey | Paragraph 0451) .
Regarding Claim 10, Pardey in view of Chien and Seo teaches the wearable device according to claim 4, wherein the instructions, wherein the instructions (Pardey | Paragraph 0435), when executed by the at least one processor individually (Pardey | processor – element 11) or collectively [Examiner’s note, the claim comprises multiple limitations; however, only one of the alternatives needs to be supported by the prior art.], cause the wearable device to:
identify, based on the fourth information, an abnormal symptom of the user (Pardey | Figure 7a-b; Paragraphs 0647, 0659), and
provide, based on the identified abnormal symptom of the user, a notification for the identified abnormal symptom of the user (Pardey | Paragraph 0660).
Regarding Claim 11, Pardey in view of Chien and Seo teaches the wearable device according to claim 10, wherein the wearable device comprises a display (Pardey | display screen – element 13), and wherein the instructions (Pardey | Paragraph 0435), when executed by the at least one processor individually (Pardey | processor – element 11) or collectively [Examiner’s note, the claim comprises multiple limitations; however, only one of the alternatives needs to be supported by the prior art.], cause the wearable device to:
display a visual object for performing a designated activity with the notification (Pardey | Paragraphs 0036, 0450, 0451, 0452), and
transmit, based on identifying an input to the visual object, a signal for performing the designated activity to an external device (Pardey | remote site – element 9) connected to the wearable device (Pardey | table top unit – element 4; Paragraphs 0446, 0448-0452).
Regarding Claim 12, Pardey in view of Chien and Seo teaches the wearable device according to claim 4, wherein the instructions (Pardey | Paragraph 0435), when executed by the at least one processor individually (Pardey | processor – element 11) or collectively [Examiner’s note, the claim comprises multiple limitations; however, only one of the alternatives needs to be supported by the prior art.], cause the wearable device to:
identify fifth information on a trend in which the body temperature of the user changes within the menstrual cycle (Pardey | Figure 2 and 7a-b; Paragraph 0021-0022, 0595, 0598; [Examiner’s note, the figures are generic to any cycle. The apparatus can track multiple different cycles with a plurality of periods thus allowing for accurate predications regarding the user’s menstrual cycle]), stored in the memory (Pardey | Paragraph 0021, a memory for storing the series of representative temperature values),
identify that a shape of a first trend according to the fifth information is distinct from a shape of a second trend according to the fourth information, and start identifying the state of the user as one of the designated states, based on identifying that the shape of the first trend is distinct from the shape of the second trend (Pardey | Figures 7a-b; Paragraph 0647).
Claims 2 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Pardey in view of Chien, Seo, and Tholen et al. (US 10779802 B2).
Regarding Claim 2, Pardey in view of Chien and Seo teaches the wearable device according to claim 1, wherein the biometric sensor,
wherein the stable state includes a sleep state (Pardey | Paragraph 0310, receiving a plurality of temperature readings obtained from the female human user during an extended period when the user is expected to be at rest or asleep,
wherein the unstable state includes a non-sleep state (Pardey | Paragraph 0507, Use of an accelerometer together with a temperature sensor can enable the system to disregard temperature readings that were not taken during a period of rest for the user), and
wherein the instructions (Pardey | Paragraph 0435), when executed by the at least one processor individually (Pardey | processor – element 11) or collectively [Examiner’s note, the claim comprises multiple limitations; however, only one of the alternatives needs to be supported by the prior art.], cause the wearable device to:
while identifying, in the day cycle, that the user is in the sleep state, obtain, using the non-contact temperature sensor operating with the first frequency, the first body temperature data of the user (Pardey | Paragraph 0508, A heart rate monitor may be used in a similar way in conjunction with the temperature sensor to ensure that temperature readings are only used if they were taken during a period of rest) , and
while identifying, in the day cycle, that the user is in the non-sleep state within the first cycle, obtain values for indicating the change of motion of the user using the motion sensor according period different the period (Pardey | Paragraph 0141, A heart rate monitor may be used in a similar way in conjunction with the temperature sensor to ensure that temperature readings are only used if they were taken during a period of rest; Paragraph 0508, A heart rate monitor may be used in a similar way in conjunction with the temperature sensor to ensure that temperature readings are only used if they were taken during a period of rest).
Pardey in view of Chien and Seo is silent on teaching the biometric sensor to include a photoplethysmography (PPG) sensor;
Tholen teaches the biometric sensor includes photoplethysmography (PPG) sensor (Tholen | sensor system – element 101; Column 6 lines 8-10, sensor system 101 comprises a PPG-based sensor system for measuring heart rate and heart rate variability). One having an ordinary skill in the art the time the invention was filed would have found it obvious to substitute the heart sensor of Pardey in view of Chien and Seo to incorporate the PPG sensor from Tholen because the PPG sensor is specific type of sensor that measures heart rate and therefore it would only require the routine skill of simple substitution of one known element for another to obtain predictable results (MPEP 2143 I. B.).
Regarding Claim 13, Pardey in view of Chien, Seo, and Tholen teaches the wearable device according to claim 2. Pardey in view of Chien and Seo teaches the instructions (Pardey | Paragraph 0435), when executed by the at least one processor individually (Pardey | processor – element 11) or collectively [Examiner’s note, the claim comprises multiple limitations; however, only one of the alternatives needs to be supported by the prior art.], cause the wearable device to:
identify a user input during identifying (Pardey | Paragraph 0448, According to certain preferred embodiments the woman is instructed to press a button (either on the indwelling unit or more preferably on the base unit) to register when she is about to place the indwelling unit and go to bed. Additional input buttons may be provided, for example, for the woman to enter “fever days” to be discounted from calculation or for the woman to signal the start of her cycle (i.e. the first day of menstruation)), that the user is within a non-sleep state in the day cycle (Pardey | Paragraph 0508, A heart rate monitor may be used in a similar way in conjunction with the temperature sensor to ensure that temperature readings are only used if they were taken during a period of rest), and
obtain, based on the user input (Pardey | Paragraph 0448, According to certain preferred embodiments the woman is instructed to press a button (either on the indwelling unit or more preferably on the base unit) to register when she is about to place the indwelling unit and go to bed. Additional input buttons may be provided, for example, for the woman to enter “fever days” to be discounted from calculation or for the woman to signal the start of her cycle (i.e. the first day of menstruation)), third body temperature data using the non-contact temperature sensor (Pardey | Paragraph 0021-0022, the method for analyzing being arranged to identify at least one characteristic in a change in BBT for the user, the system comprising: a receiver for receiving a series of representative temperature values comprising at least one representative temperature value for each of a plurality of at least ten 24 hour periods, the at least one representative temperature value being derived from a set of at least 10 stabilized readings of the temperature of the female human user).
Pardey in view of Chien and Seo is silent on teaching the biometric sensor to include a photoplethysmography (PPG) sensor;
Tholen teaches the biometric sensor includes photoplethysmography (PPG) sensor (Tholen | sensor system – element 101; Column 6 lines 8-10, sensor system 101 comprises a PPG-based sensor system for measuring heart rate and heart rate variability). One having an ordinary skill in the art the time the invention was filed would have found it obvious to substitute the heart sensor of Pardey in view of Chien and Seo to incorporate the PPG sensor from Tholen because the PPG sensor is specific type of sensor that measures heart rate and therefore it would only require the routine skill of simple substitution of one known element for another to obtain predictable results (MPEP 2143 I. B.).
Claims 14 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Pardey in view of Chien.
Regarding Claim 14, Pardey discloses a method performed by a wearable device (Figure 9; Paragraph 0427, The aural sensor of FIG. 9 is implemented in the form of an in-ear earphone or ear plug that fits within the ear of the user) comprising:
identifying whether a user is in a stable state in a day cycle (Figure 4; Paragraph 0592; [Examiner’s note, the stable state is the overnight time period.]);
based on the user being in the stable state, obtaining, using a non-contact temperature sensor, first body temperature data of the user (Figure 2; [Examiner’s note, refer to annotated Figure 1 to see the difference between a first period and a second period]; Paragraph 0001, The basal body temperature can be most accurately measured while the user is asleep or immediately upon waking, before there is significant movement or activity by the user; Paragraph 0310, receiving a plurality of temperature readings obtained from the female human user during an extended period when the user is expected to be at rest or asleep);
based on the user being in an unstable state (Figure 2; Paragraph 0582) :
obtaining, using a motion sensor, values for indicating a change of motion of the user (Figure 2; [Examiner’s note, refer to annotated Figure 1 to see the difference between a first period and a second period]; Paragraph 0001, The basal body temperature can be most accurately measured while the user is asleep or immediately upon waking, before there is significant movement or activity by the user; Paragraph 0507, an accelerometer can be used in conjunction with a temperature sensor and data from the accelerometer used to determine which temperature readings were taken while the user was at rest, and which were taken during a period of activity for the user. Use of an accelerometer together with a temperature sensor can enable the system to disregard temperature readings that were not taken during a period of rest for the user. Readings may be disregarded as part of the data filtering method described above), and
in response to identifying that each of the values for indicating the change of motion of the user is less than a reference value, obtaining, using the non-contract temperature sensor, second body temperature data (Paragraph 0134-0139, 0168, 0508; [Examiner’s note, a plurality of temperature measurements are recorded over multiple extended periods (first period, second period, etc), when the movement indicator is indicates that there is a change in motion by the user that is greater than the reference value (threshold), then the corresponding temperature readings are discarded. However, if the movement indicator indicates the change in motion is less than the reference value then the plurality of temperature readings is recorded. One skill in the art can conclude the second plurality of temperature measurements are recorded]);
obtaining, based on the first body temperature data and the second body temperature data obtained in the day cycle, first information on a trend in which body temperature of the user changes in the day cycle (Figure 2; Paragraphs 0515-0516);
identifying, based at least part on the first information, a menstrual cycle of the user: and providing a service according to the menstrual cycle of the user (Figure 2; Paragraphs 0515-0516).
Pardey is silent in teaching the temperature sensor measuring at different frequencies;
Chien teaches temperature sensor measuring at different frequencies (Chien | Paragraph 0114; [Examiner’s note, the frequency range allows flexibility when measuring the temperature of the user when they are in a stable versus an unstable state. Lowering the sampling frequency during motion, unstable state, serves a dual purpose: filtering noise from movement and conserving battery power. Whereas high-frequency sampling rate is used during a resting period, stable state, to measure noise free temperature data.]). One having an ordinary skill in the art the time the invention was filed would have found it obvious to modify the wearable device of Pardey to incorporate the teachings of a temperature sensor with a frequency range from Chien because the sampling rate allows for accurate data measurement when the user is in a stable versus unstable state and conserver battery power (Chien | Paragraph 0114).
Regarding Claim 16, Pardey in view of Chien teaches the method according to claim 14, wherein the first information on the trend includes first body temperature values obtained at a plurality of time in the day cycle (Pardey | Figure 2; [Examiner’s note, the first information can be interpreted as the trend from June 10th from Figure 2]), and
wherein the method comprises:
identifying second information on a trend in which the body temperature of the user changes in the day cycle (Pardey | Figure 2; [Examiner’s note, the second information can be interpreted as the trend from June 11th from Figure 2]), stored in the memory (Paragraph 0021, a memory for storing the series of representative temperature values),
identifying, based on the second information, second body temperature values mapped to the plurality of time points (Pardey | Figure 2; Paragraph 0090, a temperature sensor arranged in or on the body of the user to obtain a second plurality of readings of the temperature of the user),
obtaining, based on a difference between the first body temperature values and the second body temperature values mapped to the plurality of time points, third body temperature values mapped to the plurality of time points, by changing at least one of the first body temperature values (Pardey | Paragraph 0184-0186, 0348, 0539; [Examiner’s note, the representative temperature value is determined by using the filtered data from two extended time periods; the noise from the first and second body temperature measurements are removed. One skilled in the art can determine the representative temperature value for a third extended period (third body temperature value) is based on the first and second body temperature value.]),
obtaining, based on the third body temperature values, third information on a trend in which the body temperature of the user changes in the day cycle (Pardey | Paragraph 0021-0022 and 0550-0556; Figure 2 and 4; [Examiner’s note, the apparatus has the ability to create multiple graph trends based off of the 10 24-hour readings, as shown in Figure 2. Therefore, there can be at least 10 trends. Thus, creating the possibility for 10 information created within the first cycle. Additionally, a cycle within this prior art refers to a menstrual cycle as shown in Figure 4.]), and
identifying, based on the second information and the third information (Pardey | Figure 3; [Examiner’s note, the figure illustrates multiple trends collected from various sensors over the course of the user’s ovulatory cycle]), a state of the user from among designated states circulated along the menstrual cycle (Pardey | Figure 7a-b; Paragraph 0647).
Regarding Claim 17, Pardey in view of Chien teaches the method according to claim 14, wherein the method comprises:
identifying, based on a second information and a third information, fourth body temperature values that satisfy a designated condition according to the day cycle repeated in the menstrual cycle (Pardey | Paragraph 0021-0022),
obtaining, based on the fourth body temperature values, fourth information on a trend in which the body temperature of the user changes in the menstrual cycle (Pardey | Figure 7a-b; Paragraph 0647), and
identifying, based on the fourth information, a state of the user from among the designated states circulated along the menstrual cycles (Pardey | Figure 3, Paragraph 0415, FIG. 3 shows processed data obtained from a woman over her complete ovulatory cycle (except for days 0 to 8 where menstruation took place); Figures 7a and 7b; Paragraph 0640, FIGS. 7a and 7b illustrate schematically two cycles of data obtained from a particular user; [Examiner’s note, Figure 3 illustrates the various trends based from the data collected from the user over the duration of the user’s menstrual cycle, but does not clearly identify the designated states. However, Figures 7a-b clearly identifies the designated states of the user.]).
Regarding Claim 18, Pardey in view of Chien teaches the method according to claim 16, wherein a deviation value of the third body temperature values with respect to the second body temperature values is less than a deviation value of the first body temperature values with respect to the second body temperature values (Pardey | Paragraph 0184-0186 and 0539; Paragraph 0583, The conclusion drawn from FIG. 2 is reinforced by the data shown in the table below which compares the standard deviation (SD) of temperature readings taken every 5 minutes both during the day and during an overnight time period when the subject was asleep; [Examiner’s note, the third body temperature values remove the noise from the first body temperature values which therefore would have a lower standard deviation between second body temperature values.]).
Regarding Claim 19, Pardey in view of Chien teaches the method according to claim 16, wherein the method comprises updating, based on the second information and the third information, the trend in which the body temperature of the user changes in the day cycle, according to the second information (Pardey | Paragraphs 0610, 0562).
Regarding Claim 20, Pardey discloses a non-transitory computer readable storage medium (Paragraph 0083, A computer program product, computer program or computer readable medium is also provided for implementing the system described above, in particular, a computer program for implementing the method at the central processing unit) storing one or more programs (Paragraph 0435, The function of the memory within the earphone is to store both programs that encode the operation of the earphone device and data collected by the sensors), the one or more programs including instructions, which, when being executed by at least one processor (Paragraph 0434, The processor interfaces with the sensors and a memory to cause the sensors to transmit data to store in the memory) of a wearable device (Figure 9; Paragraph 0427, The aural sensor of FIG. 9 is implemented in the form of an in-ear earphone or ear plug that fits within the ear of the user) with a non-contact temperature sensor (Paragraph 0428, the illustrated temperature sensor includes a thermometer, in particular a tympanic temperature sensor that uses infrared radiation and a thermopile detector to measure the tympanic temperature within the ear), a biometric sensor (Paragraph 0429, The earphone of FIG. 9a also includes a heart rate sensor, which provides a further indication of the level of activity of a user, since the heart rate of the user will increase as a result of sustained activity), a motion sensor (Paragraph 0429, The earphone further includes an accelerometer for measuring movement of the user, preferably in multiple planes. The accelerometer is preferably implemented as a multiple-axis micro electro-mechanical system (MEMS). The accelerometer can be used to determine whether a user is moving and, if so, their activity level), and a memory (Paragraph 0434, The processor interfaces with the sensors and a memory to cause the sensors to transmit data to store in the memory), cause the wearable device to:
identify whether a user is in a stable state in a day cycle (Figure 4; Paragraph 0592; [Examiner’s note, the stable state is the overnight time period.]);
based on the user being in the stable state, obtain, using the non-contact temperature sensor, first body temperature data of the user (Figure 2; [Examiner’s note, refer to annotated Figure 1 to see the difference between a first period and a second period]; Paragraph 0001, The basal body temperature can be most accurately measured while the user is asleep or immediately upon waking, before there is significant movement or activity by the user; Paragraph 0310, receiving a plurality of temperature readings obtained from the female human user during an extended period when the user is expected to be at rest or asleep);
based on the user being in an unstable state (Figure 2; Paragraph 0582):
obtain, using the motion sensor, values for indicating a change of motion of the user (Figure 2; [Examiner’s note, refer to annotated Figure 1 to see the difference between a first period and a second period]; Paragraph 0001, The basal body temperature can be most accurately measured while the user is asleep or immediately upon waking, before there is significant movement or activity by the user; Paragraph 0507, an accelerometer can be used in conjunction with a temperature sensor and data from the accelerometer used to determine which temperature readings were taken while the user was at rest, and which were taken during a period of activity for the user. Use of an accelerometer together with a temperature sensor can enable the system to disregard temperature readings that were not taken during a period of rest for the user. Readings may be disregarded as part of the data filtering method described above), and
in response to identifying that each of the values for indicating the change of motion of the user is less than a reference value, obtain, using the non-contract temperature sensor, second body temperature data (Paragraph 0134-0139, 0168, 0508; [Examiner’s note, a plurality of temperature measurements are recorded over multiple extended periods (first period, second period, etc), when the movement indicator is indicates that there is a change in motion by the user that is greater than the reference value (threshold), then the corresponding temperature readings are discarded. However, if the movement indicator indicates the change in motion is less than the reference value then the plurality of temperature readings is recorded. One skill in the art can conclude the second plurality of temperature measurements are recorded]);
obtain, based on the first body temperature data and the second body temperature data obtained in the day cycle, first information on & trend in which body temperature of the user changes in the day cycle (Figure 2; Paragraphs 0515-0516);
identify, based at least part on the first information, a menstrual cycle of the user (Paragraphs 0081-0082; [Examiner’s note, the health condition may identify the menstrual cycle of the user. For example, it can detect when the user is ovulating within the menstrual cycle.]) ; and provide a service according to the menstrual cycle of the user (Paragraphs 0145-0165).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Pardey in view of Chien and Tholen et al. (US 10779802 B2).
Regarding Claim 15, Pardey in view of Chien and Seo teaches the method according to claim 14, wherein the biometric sensor,
wherein the stable state includes a sleep state (Pardey | Paragraph 0310, receiving a plurality of temperature readings obtained from the female human user during an extended period when the user is expected to be at rest or asleep),
wherein the unstable state includes a non-sleep state (Pardey | Paragraph 0507, Use of an accelerometer together with a temperature sensor can enable the system to disregard temperature readings that were not taken during a period of rest for the user), and
wherein the method comprises:
while identifying, in the day cycle, that the user is in the sleep state within the first cycle, obtaining, using the non-contact temperature sensor measuring with first frequency, the first body temperature data of the user according to the first cycle (Pardey | Paragraph 0508, A heart rate monitor may be used in a similar way in conjunction with the temperature sensor to ensure that temperature readings are only used if they were taken during a period of rest), and
while identifying, using the PPG sensor, in the day cycle, that the user is in the non- sleep state within the first cycle, obtaining values for indicating the change of motion of the user using the motion sensor (Pardey | Paragraph 0141, A heart rate monitor may be used in a similar way in conjunction with the temperature sensor to ensure that temperature readings are only used if they were taken during a period of rest; Paragraph 0508, A heart rate monitor may be used in a similar way in conjunction with the temperature sensor to ensure that temperature readings are only used if they were taken during a period of rest).
Pardey in view of Chien and Seo is silent on teaching the biometric sensor to include a photoplethysmography (PPG) sensor;
Tholen teaches the biometric sensor includes photoplethysmography (PPG) sensor (Tholen | sensor system – element 101; Column 6 lines 8-10, sensor system 101 comprises a PPG-based sensor system for measuring heart rate and heart rate variability). One having an ordinary skill in the art the time the invention was filed would have found it obvious to substitute the heart sensor of Pardey in view of Chien and Seo to incorporate the PPG sensor from Tholen because the PPG sensor is specific type of sensor that measures heart rate and therefore it would only require the routine skill of simple substitution of one known element for another to obtain predictable results (MPEP 2143 I. B.).
Response to Arguments
Applicant’s arguments and amendments filed 10/31/2025 have been fully considered.
Regarding the Claim Objections, the applicant’s arguments have overcome the objections.
Regarding the 35 U.S.C 112(b) Rejection, the applicant’s arguments have overcome the rejections.
Regarding the 35 U.S.C 101 Rejection, the amendments to the claims do not overcome the rejection because the claims meet Step 2A Prong 1, Step 2B Prong 2, and Step 2B. The amended claims meet Step 2A Prong 1 because the claims discuss instructions to determine the menstrual cycle of the user and provide a service based on the cycle; the claims are read as a mental process. The amended claims meet Step 2A Prong 2 because the abstract idea in each of independent claims are not integrated into a practical application, refer to Step 2A, Prong 2 for further clarification. Lastly, the amended claims meet Step 2B because the additional elements of wearable device, a non-contact temperature sensor, a biometric sensor, a motion sensor, and PPG Sensor are well-known, routine, and conventional as taught in US Reference 20200359914 A1; the additional elements of at least one processor comprising processing circuitry, a memory comprising one or more storage media, non-transitory computer readable storage medium, and display are generically claimed computer components.
Regarding the 35 U.S.C. 103 Rejection, the examiner agrees that Pardey does not teach the claim limitations found in the amended claims. Due to the scope changes from the amended claims, further search and consideration was required. New references, Chien et al. (US 20170135600 A1) and Seo et al. (US 20160120048 A1), are used to modify the wearable device of Pardey. Please refer to the 35 U.S.C 103 Rejection for further clarification.
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 SRISTI DIVINA GOMES whose telephone number is (571)272-1356. The examiner can normally be reached Monday-Friday: 9AM to 5PM EST.
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/SRISTI DIVINA GOMES/Examiner, Art Unit 3791
/DANIEL L CERIONI/Primary Examiner, Art Unit 3791
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