DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/23/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 16 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.
Applicant's arguments filed on 12/23/25 have been fully considered but they are not persuasive.
Rejections under 35 USC 101
Step 2A, Prong One
Applicant argues that the claims fail to recite a mental process because the human mind is incapable of adjusting a sampling rate and determining one or more deviations based at least in part on the comparison of the second physiological data to baseline data, the average data from the previous duration of time. Examiner respectfully disagrees as the human mind is fully capable of deciding to adjust a sampling rate at which data is gathered based on a comparison using evaluation, observation, and judgement. The recitation of adjusting the first sampling rate of the one or more light-emitting components amounts to a medical professional deciding to adjust a sampling rate and implementing the adjustment using a generic processing component. Further, Examiner maintains that the human mind is fully capable of comparing gathered data in order to determine if there are deviations in the data.
Claims can recite a mental process even if they are claimed as being performed on a computer. The Supreme Court recognized this in Benson, determining that a mathematical algorithm for converting binary coded decimal to pure binary within a computer’s shift register was an abstract idea. The Court concluded that the algorithm could be performed purely mentally even though the claimed procedures "can be carried out in existing computers long in use, no new machinery being necessary." 409 U.S at 67, 175 USPQ at 675 (MPEP 2106.04(a)(2)(III)).
Step 2A, Prong Two
Applicant argues that the claim as a whole integrates the abstract idea into a practical application by reciting particular improvements such as reducing power consumption associated with data collection and reducing the amount of data that is transferred. Examiner respectfully disagrees as the particular improvements are not reflected in the claim language. Examiner also maintains that collecting and transferring data amount to nothing more than the insignificant extra-solution activities of data gathering and providing results (MPEP 2106.05(g)).
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 an abstract idea (mental process of adjusting a measurement schedule based off of analyzed gathered data) without significantly more.
Step 1
The claimed invention in claims 1-20 are directed to statutory subject matter as the claims recite a method/system for adjusting a measurement schedule based off of analyzed gathered data.
Step 2A, Prong One
Regarding claims 1-20, the recited steps are directed to mental processes of performing concepts in a human mind or by a human using a pen and paper (See MPEP 2106.05(a)(2) subsection (III)).
Regarding claims 1 and 16, the limitations of:
“determining…one or more deviations…”
“determining…that the one or more deviations fails to satisfy a deviation threshold”
“determining…one or more additional deviations…”
“determining…that the one or more additional deviations in the second physiological data satisfy the deviation threshold”
“adjusting…the first sampling rate…”
are a process, as drafted, that can be performed by a human mind (including an observation, evaluation, and judgment) under the broadest reasonable interpretation but for the recitation of generic computer components. For example, these limitations recited in claims 1 and 16 are nothing more than a medical professional choosing to adjust a measurement schedule based off of gathered data.
Step 2A, Prong Two
For claims 1-20, the judicial exception is not integrated into a practical application. For claims 1 and 16, the additional limitation of “one or more processing components”, “one or more communication components”, and “a user device” are recited at a high level of generality and amount to nothing more than parts of a generic computer. Merely including instructions to implement an abstract idea on a computer does not integrate a judicial exception into a practical application.
Further, the limitation of “acquiring…physiological data” amount to nothing more than the pre-solution activity of data gathering while the limitation of “transmitting, using one or more communication components of the wearable device, a signal” amounts to nothing more than the post activity solution of providing results.
Step 2B
The claims do not include additional elements that are sufficient enough to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional limitations of “acquiring…physiological data” and “transmitting…a signal” amount to nothing more than insignificant extra solution activities which do not amount to an inventive concept (MPEP 2106.05(g)). In addition, “one or more light-emitting components and one or more light- receiving components” and “one or more sensors comprising one or more light-emitting components and one or more light- receiving components” are recited at a high level of generality and considered to be well known, routine, and conventional in the art. See Iyer (US 2014/0214330) [0024] and Huang (US 2019/0125259) [0021].
Dependent claims 2-4, 7-13, and 17-18 are further directed towards the abstract idea. The above mentioned claims do not introduce any additional elements which amount to significantly more under the Step 2A prong 2 and Step 2B analyses.
Dependent claims 5-6, 14, and 19-20 are further directed towards insignificant extra solution activities (MPEP 2106.05(g)). The above mentioned claims do not introduce any additional elements which amount to significantly more under the Step 2A prong 2 and Step 2B analyses.
Dependent claim 15 recites the additional limitation of, “a wearable ring device” which is recited at a high level of generality and considered to be well known, routine, and conventional in the art. See Jarvela et al (US 2019/0341918) [0082] and Kinnunen (US 10105095) Col. 6, lines 53-55.
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.
Claim(s) 1-5, 8-10, 14, and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Iyer et al (US 2014/0214330) hereinafter Iyer in view of Yuen et al (US 2014/0135612) hereinafter Yuen.
Regarding claim 1, Iyer discloses a method at a wearable device comprising:
determining, using one or more processing components of the wearable device, one or more deviations in first physiological data associated with a physiological parameter of a user throughout a first time interval (reconstructed waveform 98) based at least in part on comparison of the physiological data to baseline data (full dataset 94), average data from a previous duration of time, or both ([0038] reconstructed waveform may then be compared (100) to the interpolated waveform from the full dataset (at 94) to calculate an error between the two waveforms)
wherein the physiological data is collected via the wearable device ([0020] system 10 may emit light into a pulsatile tissue and detect with the detector 36, light has passed through or has been reflected by the pulsatile tissue), and
wherein the baseline data, the average data from the previous duration of time, or both, are associated with the physiological parameter of the user ([0036] fully sampled dataset is obtained by emitting light (90));
determining, using the one or more processing components of the wearable device, that the one or more deviations fails to satisfy a deviation threshold ([0038] process 82 may then include determining if the error is below an upper error threshold (102));
acquiring, via one or more light-emitting components and one or more light- receiving components of the wearable device, second physiological data associated with the physiological parameter of the user according to a first sampling rate associated with a first periodicity based at least in part on the one or more deviations in the first physiological data failing to satisfy the deviation threshold ([0038] process returns to take another subset of samples of the full dataset with a reduced average sampling interval);
determining, using the one or more processing components of the wearable device, one or more additional deviations based at least in part on comparison of the second physiological data to the baseline data, the average data from the previous duration of time, or both ([0038] reconstructed waveform may then be compared (100) to the interpolated waveform from the full dataset (at 94) to calculate an error between the two waveforms);
determining, using the one or more processing components of the wearable device, that the one or more additional deviations in the second physiological data satisfy the deviation threshold ([0038] determining if the error is below an upper error threshold (102));
adjusting, using the one or more processing components of the wearable device, the first sampling rate of the one or more light-emitting components based at least in part on the second physiological data satisfying the deviation threshold ([0039] If the error is below the lower threshold, then the process increases the average sampling interval (103));
acquiring, via the one or more light-emitting components and the one or more light-receiving components of the wearable device, third physiological data associated with the physiological parameter according to a second sampling rate associated with a second periodicity that is greater than the first periodicity based at least in part on adjusting the first sampling rate ([0039] the process increases the average sampling interval and returns to take another set of samples from the full dataset (96)); and
transmitting, using one or more communication components of the wearable device (wireless module 26), a signal comprising at least the third physiological data from the wearable device to a user device associated with the wearable device ([0017] monitor 12 that communicates wirelessly with a sensor 14) based at least in part on establishing a wireless connection between the wearable device and the user device ([0019] wireless module 26 includes a transmitter (such as an antenna) for transmitting wireless data).
Iyer discloses taking second and third subsets of data from a fully sampled data set as shown in Figure 5, and fails to disclose acquiring second and third physiological data associated with a second and third time interval respectively. However, Yuen discloses acquiring additional data at different intervals in order to determine if a sampling rate should be adjusted ([0057-0058] data indicative of user activity or motion may adjust or modify the sampling rate and/or resolution mode of sensors which acquire heart rate data; the biometric monitoring device may adjust or modify the sampling rate and/or resolution mode of the motion sensor(s) during such periods of user activity or motion). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the method as taught by Iyer with acquiring additional data at different intervals in order to determine if a sampling rate should be adjusted as taught by Yuen. Such a modification would provide the predictable results of conserving power when a lower sampling rate is adequate to measure a heart rate (Yuen, [0027]).
Regarding claim 2, Iyer discloses determining one or more data quality metrics associated with the first physiological data, the one or more data quality metrics associated with a relative quality or accuracy of the first physiological data ([0041] The system may use various signal quality metrics to evaluate the reconstructed waveform and determine if the waveform meets the minimum signal quality requirements); and
discarding the one or more data quality metrics based at least in part on the one or more deviations in the first physiological data failing to satisfy the deviation threshold ([0041] If the reconstructed waveform does not meet the quality requirements, then the process returns to emit light on the patient (90) and acquire a new full dataset (92)).
Regarding claim 3, Iyer discloses determining one or more additional data quality metrics associated with the third physiological data, the one or more additional data quality metrics associated with a relative quality or accuracy of the third physiological data ([0041] The system may use various signal quality metrics to evaluate the reconstructed waveform and determine if the waveform meets the minimum signal quality requirements; Examiner notes that Figure 7 teaches a loop where each set of data (additional or original) is evaluated regarding quality);
storing the one or more additional data quality metrics in a memory at the wearable device ([0028] RAM 42 may store the past or last known values for one or more physiological parameters); and
transferring the one or more additional data quality metrics to the user device based at least in part on storing the one or more additional data quality metrics in the memory ([0023] the processor 38 may encode processed sensor data before transmission of the data to the patient monitor 12).
Regarding claim 4, Iyer discloses updating a physiological metric, a score, or both, associated with the physiological parameter based at least in part on the third physiological data and the one or more additional data quality metrics, and based at least in part on transferring the third physiological data and the one or more additional data quality metrics to the user device ([0034] The system 10 may then reconstruct a PPG waveform (88) based on the data samples. The system 10 may then estimate (89) a physiological parameter from the reconstructed waveform); and
causing a graphical user interface of the user device to display information associated with the physiological metric, the score, or both, based at least in part on the updating ([0018] Based on data received from the wireless sensor 14, the patient monitor 12 may display patient measurements and perform various measurement or processing algorithms; The multi-parameter patient module 20 may process and/or display physiological parameters from other sensors in addition to the data from the monitor 12 and sensor 14).
Regarding claim 5, Iyer discloses storing the first physiological data in a memory at the wearable device based at least in part on the first periodicity ([0028] nonvolatile memory 66 and/or RAM 42 may store the past or last known values for one or more physiological parameters);
storing the third physiological data in the memory based at least in part on the second periodicity ([0028] nonvolatile memory 66 and/or RAM 42 may store the past or last known values for one or more physiological parameters); and
transferring the first physiological data and the third physiological data to the user device ([0023] transmission of the data to the patient monitor 12) based at least in part on storing the first physiological data and the third physiological data in the memory ([0028] RAM 42 may store the past or last known values for one or more physiological parameters).
Regarding claim 8, Iyer discloses determining a duration of the second time interval based at least in part on the first physiological data acquired using the wearable device ([0042] the system continues reconstructive sensing (104) until either the signal quality decreases (106) or a timer expires (108)).
Regarding claim 9, Iyer discloses wherein the deviation threshold is based at least in part on the physiological parameter ([0038] The reconstructed waveform may then be compared (100) to the interpolated waveform from the full dataset (at 94) to calculate an error between the two waveforms; [0039] the system may operate with an upper and lower threshold, and may calibrate via process 82 until the error threshold is between the upper and lower allowable amounts).
Regarding claim 10, Iyer discloses wherein the physiological parameter comprises a blood oxygen saturation metric, a bioimpedance metric, or both ([0018] when the system 10 is configured for pulse oximetry, the patient monitor 12 may perform blood oxygen saturation calculations, pulse measurements, and other measurements based on the data received from the wireless sensor 14).
Regarding claim 14, Iyer discloses causing a graphical user interface of the user device to display information associated with the first physiological data, the third physiological data, or both ([0018] Based on data received from the wireless sensor 14, the patient monitor 12 may display patient measurements and perform various measurement or processing algorithms; The multi-parameter patient module 20 may process and/or display physiological parameters from other sensors in addition to the data from the monitor 12 and sensor 14).
Regarding claim 16, Iyer discloses a wearable device comprising:
one or more sensors (sensor 14) configured to acquire physiological data from a user ([0020] sensor 14, which may be configured to obtain, for example, a plethysmographic signal from patient tissue), the one or more sensors comprising one or more light-emitting components ([0020] emitter 32) and one or more light- receiving components ([0020] detector 36;);
a communication component ([0019] wireless module 26); and
one or more processing components (microprocessor 38) communicatively coupled with the one or more sensors and the communication component ([0021] sensor 14 may include a microprocessor 38 connected to an internal bus 40; Fig. 2 shows wireless module 26 also being connected to the internal bus 40),
wherein the one or more processing components are configured to:
determine, using the one or more processing components of the wearable device, one or more deviations in first physiological data associated with a physiological parameter of a user throughout a first time interval based (reconstructed waveform 98) at least in part on comparison of the physiological data to baseline data (full dataset 94), average data from a previous duration of time, or both ([0038] reconstructed waveform may then be compared (100) to the interpolated waveform from the full dataset (at 94) to calculate an error between the two waveforms),
wherein the physiological data is collected via the wearable device ([0020] system 10 may emit light into a pulsatile tissue and detect with the detector 36, light has passed through or has been reflected by the pulsatile tissue), and
wherein the baseline data, the average data from the previous duration of time, or both, are associated with the physiological parameter of the user ([0036] fully sampled dataset is obtained by emitting light (90));
determine, using the one or more processing components of the wearable device, that the one or more deviations fails to satisfy a deviation threshold ([0038] process 82 may then include determining if the error is below an upper error threshold (102));
acquire, via the one or more light-emitting components and the one or more light-receiving components, second physiological data associated with the physiological parameter of the user according to a first sampling rate associated with a first periodicity based at least in part on the one or more deviations in the first physiological data failing to satisfy the deviation threshold ([0038] process returns to take another subset of samples of the full dataset with a reduced average sampling interval);
determine, using the one or more processing components of the wearable device, one or more additional deviations based at least in part on comparison of the second physiological data to the baseline data, the average data from the previous duration of time, or both ([0038] reconstructed waveform may then be compared (100) to the interpolated waveform from the full dataset (at 94) to calculate an error between the two waveforms);
determine, using the one or more processing components of the wearable device, that the one or more additional deviations in the second physiological data satisfy the deviation threshold ([0038] determining if the error is below an upper error threshold (102));
adjusting, using the one or more processing components of the wearable device, the first sampling rate of the one or more light-emitting components based at least in part on the second physiological data satisfying the deviation threshold ([0039] If the error is below the lower threshold, then the process increases the average sampling interval (103));
acquire, via the one or more light-emitting components and the one or more light-receiving components of the wearable device, third physiological data associated with the physiological parameter according to a second sampling rate associated with a second periodicity that is greater than the first periodicity based at least in part on adjusting the first sampling rate ([0039] the process increases the average sampling interval and returns to take another set of samples from the full dataset (96));
and transmit, using the communication component, a signal comprising at least the third physiological data to a user device using the communication component ([0017] monitor 12 that communicates wirelessly with a sensor 14),
wherein the signal is transmitted based at least in part on establishing a wireless connection between the communication component and the user device ([0019] wireless module 26 includes a transmitter (such as an antenna) for transmitting wireless data).
Iyer discloses taking second and third subsets of data from a fully sampled data set as shown in Figure 5, and fails to disclose acquiring second and third physiological data associated with a second and third time interval respectively. However, Yuen discloses acquiring additional data at different intervals in order to determine if a sampling rate should be adjusted ([0057-0058] data indicative of user activity or motion may adjust or modify the sampling rate and/or resolution mode of sensors which acquire heart rate data; the biometric monitoring device may adjust or modify the sampling rate and/or resolution mode of the motion sensor(s) during such periods of user activity or motion). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system as taught by Iyer with acquiring additional data at different intervals in order to determine if a sampling rate should be adjusted as taught by Yuen. Such a modification would provide the predictable results of conserving power when a lower sampling rate is adequate to measure a heart rate (Yuen, [0027]).
Regarding claim 17, Iyer discloses wherein the one or more processing components are further configured to:
determine one or more data quality metrics associated with the first physiological data, the one or more data quality metrics associated with a relative quality or accuracy of the first physiological data ([0041] The system may use various signal quality metrics to evaluate the reconstructed waveform and determine if the waveform meets the minimum signal quality requirements); and
discard the one or more data quality metrics based at least in part on the one or more deviations in the first physiological data failing to satisfy the deviation threshold ([0041] If the reconstructed waveform does not meet the quality requirements, then the process returns to emit light on the patient (90) and acquire a new full dataset (92)).
Regarding claim 18, Iyer discloses wherein the one or more processing components are further configured to:
determine one or more additional data quality metrics associated with the third physiological data, the one or more additional data quality metrics associated with a relative quality or accuracy of the third physiological data ([0041] The system may use various signal quality metrics to evaluate the reconstructed waveform and determine if the waveform meets the minimum signal quality requirements; Examiner notes that Figure 7 teaches a loop where each set of data (additional or original) is evaluated regarding quality);
store the one or more additional data quality metrics in a memory at the wearable device ([0028] RAM 42 may store the past or last known values for one or more physiological parameters); and
transmit the one or more additional data quality metrics to the user device using the communication component based at least in part on storing the one or more additional data quality metrics in the memory ([0023] the processor 38 may encode processed sensor data before transmission of the data to the patient monitor 12).
Regarding claim 19, Iyer discloses wherein the one or more processing components are further configured to:
store the first physiological data in a memory at the wearable device based at least in part on the first periodicity ([0028] nonvolatile memory 66 and/or RAM 42 may store the past or last known values for one or more physiological parameters);
store the third physiological data in the memory based at least in part on the second periodicity ([0028] nonvolatile memory 66 and/or RAM 42 may store the past or last known values for one or more physiological parameters); and
transmit the first physiological data and the third physiological data to the user device using the communication component ([0023] transmission of the data to the patient monitor 12) based at least in part on storing the firs physiological data and the third physiological data in the memory ([0028] RAM 42 may store the past or last known values for one or more physiological parameters).
Claim(s) 6, 15, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Iyer (US 2014/0214330) in view of Yuen (US 2014/0135612) and further in view of Kinnunen (US 10105095).
Regarding claims 6 and 20, Iyer discloses the method of claim 1 and system of claim 16 as discussed above, but fails to disclose transmitting, from the wearable device to the user device, an indication that the one or more deviations in the first physiological data fail to satisfy the deviation threshold. However, Kinnunen discloses transmitting, from the wearable device to the user device, an indication (Col. 14-15, lines 65-5: As shown, the wearable electronic device 104 is communicably coupled to an external device 108 using a communication network 110, such as Wi-Fi or Bluetooth; Col. 15, lines 19-24: The user 102 can access the calculated activity-rest score thereof on a display of the external device 108. The display of the external device 108 renders graphical representations of the activity-rest score and performance of the associated activity-rest parameters). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the method as taught by Iyer with transmitting, from the wearable device to the user device, an indication as taught by Kinnunen. Such a modification would provide the predictable results of calculating score representative of the collected data and providing it to the user (Col. 15, lines 19-24).
Regarding claim 15, Iyer discloses the method of claim 1 as discussed above, but fails to disclose wherein the wearable device comprises a wearable ring device. However, Kinnunen discloses wherein the wearable device comprises a wearable ring device (Col. 6, lines 53-55: the wearable electronic device may be a ring configured to be suitably worn at a finger). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the method as taught by Iyer with wherein the wearable device comprises a wearable ring device as taught by Kinnunen. Such a modification would provide the predictable results of remote monitoring which allows the user to freely move.
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Iyer (US 2014/0214330) in view of Yuen (US 2014/0135612) and further in view of Jeung et al (US Publication 2004/0005088) hereinafter Jeung.
Regarding claim 7, Iyer discloses the method of claim 1 as discussed above, but fails to disclose determining, after an expiration of the second time interval, that a third set of one or more deviations in the third physiological data fail to satisfy the deviation threshold; and acquiring fourth physiological data of the user via the wearable device throughout a fourth time interval, wherein the fourth physiological data is acquired according to the first periodicity based at least in part on the third set of one or more deviations in the third physiological data failing to satisfy the deviation threshold.
However, Jeung discloses determining, after an expiration of the second time interval, that a third set of one or more deviations in the third physiological data fail to satisfy the deviation threshold ([0071] If a comparison of the predicted and actual data sample values fall within the defined threshold range, then repetitiveness is confirmed, and deviation is not detected for that data sample range (516)); and
acquiring fourth physiological data of the user via the wearable device throughout a fourth time interval, wherein the fourth physiological data is acquired according to the first periodicity based at least in part on the third set of one or more deviations in the third physiological data failing to satisfy the deviation threshold ([0071] Accordingly, variable DEVIATION will be set to zero, and the process returns to process action 502 to measure new data signal).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the method as taught by Iyer with determining, after an expiration of the second time interval, that a third set of one or more deviations in the third physiological data fail to satisfy the deviation threshold; and acquiring fourth physiological data of the user via the wearable device throughout a fourth time interval, wherein the fourth physiological data is acquired according to the first periodicity based at least in part on the third set of one or more deviations in the third physiological data failing to satisfy the deviation threshold as taught by Jeung. Such a modification would provide the predictable results of detecting and predictably estimating regular cycles (Abstract).
Claim(s) 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Iyer (US 2014/0214330) in view of Yuen (US 2014/0135612) and Huang (US Publication 2019/0125259) and further in view of Sawchuk (US Publication 2009/0299421).
Regarding claim 11, Iyer discloses the method of claim 1 as discussed above, but fails to disclose wherein the second physiological data is associated with the physiological parameter and an additional physiological parameter that are both sampled throughout the second time interval, the method further comprising: acquiring the second physiological data associated with the additional physiological parameter using the wearable device throughout the second time interval according to the second periodicity, a third periodicity, or both, the second periodicity, the third periodicity, or both, being determined prior to the second time interval.
However, Huang discloses wherein the second physiological data is associated with the physiological parameter and an additional physiological parameter that are both sampled throughout the second time interval, the method further comprising: acquiring the second physiological data associated with the additional physiological parameter using the wearable device throughout the second time interval ([0018] Therefore, by means of measuring the change of the blood flow of a specific part of the body, the pulse rate can be obtained from the periodicity of the measured signal).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the method as taught by Iyer with wherein the second physiological data is associated with the physiological parameter and an additional physiological parameter that are both sampled throughout the second time interval, the method further comprising: acquiring the second physiological data associated with the additional physiological parameter using the wearable device throughout the second time interval as taught by Huang. Such a modification would provide the predictable results of obtaining a pulse rate based on the periodicity of a measured blood oxygen saturation [0018].
Sawchuk discloses acquiring physiological data according to a second periodicity, a third periodicity, or both, the second periodicity, the third periodicity, or both, being determined prior to the second time interval ([0167] increasing a sampling rate when a trend deviation is detected). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to further modify the method as taught by Iyer acquiring physiological data according to a second periodicity, a third periodicity, or both, the second periodicity, the third periodicity, or both, being determined prior to the second time interval as taught by Sawchuk. Such a modification would provide the predictable results of quickly collecting additional data to investigate a possible loss in sensing integrity [0167].
Regarding claim 12, Iyer discloses the method of claim 1 as discussed above, but fails to disclose wherein the second physiological data associated with the additional physiological parameter is acquired according to the second periodicity, the third periodicity, or both, regardless of whether deviations in the second physiological data associated with the additional physiological parameter satisfy the deviation threshold, an additional deviation threshold, or both. However, Sawchuk discloses acquiring physiological data according to a second periodicity, a third periodicity, or both ([0167] increasing a sampling rate when a trend deviation is detected) in order to investigate a possible loss in sensing integrity [0167]. Therefore, it would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to further modify the method as taught by Iyer with acquiring physiological data according to a second periodicity, a third periodicity, or both regardless of whether deviations in the second physiological data associated with the additional physiological parameter satisfy the deviation threshold, an additional deviation threshold, or both as taught by Sawchuk. Such a modification would provide the predictable results of quickly collecting additional data to investigate a possible loss in sensing integrity [0167].
Regarding claim 13, Iyer discloses the method of claim 1 as discussed above, but fails to disclose wherein the physiological parameter comprises a blood oxygen saturation metric, and wherein the additional physiological parameter comprises a heart rate metric, a heart rate variability metric, or both. However, Huang discloses wherein the physiological parameter comprises a blood oxygen saturation metric, and wherein the additional physiological parameter comprises a heart rate metric, a heart rate variability metric, or both ([0018] a sensor capable of emitting green light is used to measure the pulse rate and a sensor capable of emitting red light is used to measure the blood oxygen saturation; [0018] Therefore, by means of measuring the change of the blood flow of a specific part of the body, the pulse rate can be obtained from the periodicity of the measured signal). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to further modify the method as taught by Iyer with wherein the physiological parameter comprises a blood oxygen saturation metric, and wherein the additional physiological parameter comprises a heart rate metric, a heart rate variability metric, or both as taught by Huang. Such a modification would provide the predictable results of obtaining a pulse rate based on the periodicity of a measured blood oxygen saturation [0018].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLOW GRACE WELCH whose telephone number is (703)756-1596. The examiner can normally be reached Usually M-F 8:00am - 4:00pm.
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/WILLOW GRACE WELCH/Examiner, Art Unit 3792
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792