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 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 4, 5, 8, and 12 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. Claim 4 discloses obtaining a third, fourth, and fifth data measurement of biological information of the subject. Claim 12 discloses a first, second and third criterion detailing how obtaining the biological information is. However, both of these limitations are not adequately described in either the specification or the drawings. Therefore a 112 rejection is necessary.
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.
Claim(s) 1-2, 9-11, 14, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable by Suda(JP 2004073398 A) in view of Irikita(JP 2016101479 A).
Regarding claim 1, Suda discloses a biological information processor comprising: the first convergence value of the biological information is a first index to which the biological information of the subject converges based on a physical exercise of the subject in the first period; obtain first measurement data corresponding to a first parameter associated with the subject in the first period: obtain second measurement data corresponding to the first parameter associated with the subject in a second period, wherein the second period is subsequent to the first period ; and estimate the biological information of the subject in the second period based on: the second measurement data(Provide a method of measuring the moving speed of a player during the game, and estimating a physiological index such as a heart rate from the moving speed of the player during a game or training in real time, and feeding back the estimated physiological index to the game or training[0004]. Wear a heart rate monitor on the subject, warm up for the first 2 minutes, and increase the load from 100 W to 20 W every 2 minutes. The heart rate two minutes after the increase in the load was defined as the heart rate for the load[0028]). The first period of Suda is described as the warm up exercise for 2 minutes which is followed by a second period of regular exercise for 2 minutes or longer. Suda fails to disclose circuitry configured to: obtain a first convergence value of biological information of a subject in a first period, and a correlation between the first measurement data in the first period and the first convergence value of the biological information of the subject in the first period.
However, Irikita teaches “ Thereafter, the motion threshold is estimated again for the one point. Then, depending on the effect of the applied stimulus and the condition and symptoms of the patient, the exercise threshold value becomes higher or lower than the previously estimated value(see attached translation, page 19, paragraph 3)”, “A threshold value estimation device 101 is configured so that: a setting unit 102 sets an initial value of intensity to each electrode; a selection unit 103 selects an electrode to which a threshold value is not estimated, randomly; a stimulation unit 104 gives stimulation having the intensity with respect to the electrode, to a living body via the selected electrode; a detection unit 105 detects presence/absence of reaction which is induced by the stimulation; an update unit 106 increases or decreased the intensity corresponding to the selected electrode, based on presence/absence of detected reaction; an estimation unit 107 estimates a converged value as a threshold value corresponding to the electrode, when the updated intensity corresponding to each electrode satisfies a convergence condition. The threshold value estimation device 101 repeats processing on each unit, until all threshold values corresponding to each of electrodes are estimated. Based on whether the electrodes selected continuously are the same electrode or not, a time interval between previous stimulation and subsequent stimulation is adjusted(see attached translation, page 1, abstract)”, “it is necessary that the response is generated at a predetermined ratio or more (for example, 40%) with respect to the stimulus for the first convergence number(see attached translation, page 23, paragraph 5)”,”As can be seen from the figure, the threshold map obtained by the conventional example and the threshold map obtained by the present embodiment show a strong correlation(Fig. 9)(see attached translation, page 12, paragraph 3)”.
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the estimation method of Suda with the threshold value estimation device of Irikita. Doing so would allow the processing in the estimation system to incorporate a convergence value as a data metric for accurate estimation.
Regarding claim 2, Suda in view of Irikita teaches the biological information processor according to claim 1, wherein the biological information is a heart rate of the subject(Provide a method of measuring the moving speed of a player during the game, and estimating a physiological index such as a heart rate from the moving speed of the player during a game or training in real time, and feeding back the estimated physiological index to the game or training[0004]).
Regarding claim 9, Suda in view of Irikita teaches the biological information processor according to claim 1, wherein the first parameter is based on an acceleration of the physical exercise of the subject(Therefore, it is assumed that the heart rate H is expressed by a linear function H = αW + β (where α and β are constants) of the theoretical load W. Further, W = F × v = m × a × v = m Since there is a relation of × v / t × v = mv .sup.2 / t, it can be expressed as H = αmv .sup.2 / t + β. Here, F, a, and t represent force, acceleration, and time, respectively. Assuming that the heart rate H can be represented by a quadratic function of the speed v from this equation, an operation for estimating the heart rate from the speed is performed. Here, the values of α and β are constants appropriately determined according to the type of competition, the years of competition experience of the player to be measured, and the like. In the present embodiment, the data collected this time was analyzed, and a linear regression equation between the heart rate and the square of the moving speed was obtained[0029]).
Regarding claim 10, Suda in view of Irikita teaches the biological information processor according to claim 1, wherein the circuitry is further configured to store the correlation between the first measurement data in the first period and the first convergence value of the biological information of the subject in the first period in a correlation database(In the present embodiment, the heart rate is represented as a function related to the moving speed, but in addition to the moving speed, the acceleration, the total moving distance at the time of measuring the heart rate, the height, the weight, and the like are represented as functions having parameters(Table 2)[0037]. The values as calculated by time are recorded in table 2). Suda fails to disclose the first convergence value.
However, Irikita teaches “A threshold value estimation device 101 is configured so that: a setting unit 102 sets an initial value of intensity to each electrode; a selection unit 103 selects an electrode to which a threshold value is not estimated, randomly; a stimulation unit 104 gives stimulation having the intensity with respect to the electrode, to a living body via the selected electrode; a detection unit 105 detects presence/absence of reaction which is induced by the stimulation; an update unit 106 increases or decreased the intensity corresponding to the selected electrode, based on presence/absence of detected reaction; an estimation unit 107 estimates a converged value as a threshold value corresponding to the electrode, when the updated intensity corresponding to each electrode satisfies a convergence condition. The threshold value estimation device 101 repeats processing on each unit, until all threshold values corresponding to each of electrodes are estimated. Based on whether the electrodes selected continuously are the same electrode or not, a time interval between previous stimulation and subsequent stimulation is adjusted(see attached translation, page 1, abstract)”, “ it is necessary that the response is generated at a predetermined ratio or more (for example, 40%) with respect to the stimulus for the first convergence number(see attached translation, page 23, paragraph 5)”.
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the estimation method of Suda with the threshold value estimation device of Irikita. Doing so would allow the processing in the estimation system to incorporate a convergence value as a data metric for accurate estimation.
Regarding claim 11, Suda in view of Irikita teaches the biological information processor according to claim 10, wherein the circuitry is further configured to obtain the biological information in the first period, with reference to the correlation database, based on a basis of the first parameter(It has been known from past studies of exercise physiology that there is a correlation between a physiological index such as a heart rate and a moving speed during exercise. Therefore, in the method for estimating a physiological index during exercise by image processing according to the present invention, a physiological index such as a heart rate and a moving speed during exercise are obtained as a function to estimate a physiological index from the moving velocity. (Step 6). However, it is also conceivable to express the physiological index as a function using not only the moving speed but also the acceleration and the total moving distance[0012]).
Regarding claim 14, Suda in view of Irikita teaches the biological information processor according to claim 1, wherein the biological information in the first period based on a video of the subject(Further, the object of the present invention is to provide the image acquisition unit having one video camera and the position information estimating unit for estimating two-dimensional position information as the position information, or a plurality of video cameras[0006]).
Regarding claim 18, Suda discloses a biological information processing method, comprising: the convergence value of the biological information is an index to which the biological information of the subject converges based on a physical exercise of the subject in the first period; obtaining first measurement data corresponding to a first parameter associated with the subject in the first period: obtaining second measurement data corresponding to the first parameter associated with the subject in a second period, wherein the second period is subsequent to the first period ; and estimating the biological information of the subject in the second period based on: the second measurement data(Provide a method of measuring the moving speed of a player during the game, and estimating a physiological index such as a heart rate from the moving speed of the player during a game or training in real time, and feeding back the estimated physiological index to the game or training[0004]. Wear a heart rate monitor on the subject, warm up for the first 2 minutes, and increase the load from 100 W to 20 W every 2 minutes. The heart rate two minutes after the increase in the load was defined as the heart rate for the load[0028]). The first period of Suda is described as the warm up exercise for 2 minutes which is followed by a second period of regular exercise for 2 minutes or longer. Suda fails to disclose obtaining a convergence value of biological information of a subject in a first period, and a correlation between the first measurement data in the first period and the first convergence value of the biological information of the subject in the first period.
However, Irikita teaches “ Thereafter, the motion threshold is estimated again for the one point. Then, depending on the effect of the applied stimulus and the condition and symptoms of the patient, the exercise threshold value becomes higher or lower than the previously estimated value(see attached translation, page 19, paragraph 3)”, “A threshold value estimation device 101 is configured so that: a setting unit 102 sets an initial value of intensity to each electrode; a selection unit 103 selects an electrode to which a threshold value is not estimated, randomly; a stimulation unit 104 gives stimulation having the intensity with respect to the electrode, to a living body via the selected electrode; a detection unit 105 detects presence/absence of reaction which is induced by the stimulation; an update unit 106 increases or decreased the intensity corresponding to the selected electrode, based on presence/absence of detected reaction; an estimation unit 107 estimates a converged value as a threshold value corresponding to the electrode, when the updated intensity corresponding to each electrode satisfies a convergence condition. The threshold value estimation device 101 repeats processing on each unit, until all threshold values corresponding to each of electrodes are estimated. Based on whether the electrodes selected continuously are the same electrode or not, a time interval between previous stimulation and subsequent stimulation is adjusted(see attached translation, page 1, abstract)”, “it is necessary that the response is generated at a predetermined ratio or more (for example, 40%) with respect to the stimulus for the first convergence number(see attached translation, page 23, paragraph 5)”,”As can be seen from the figure, the threshold map obtained by the conventional example and the threshold map obtained by the present embodiment show a strong correlation(Fig. 9)(see attached translation, page 12, paragraph 3)”.
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the estimation method of Suda with the threshold value estimation device of Irikita. Doing so would allow the processing in the estimation system to incorporate a convergence value as a data metric for accurate estimation.
Regarding claim 19, Suda discloses the convergence value of the biological information is an index to which the biological information of the subject converges based on a physical exercise of the subject in the first period; obtaining first measurement data corresponding to a first parameter associated with the subject in the first period: obtaining second measurement data corresponding to the first parameter associated with the subject in a second period, wherein the second period is subsequent to the first period ; and estimating the biological information of the subject in the second period based on: the second measurement data(Provide a method of measuring the moving speed of a player during the game, and estimating a physiological index such as a heart rate from the moving speed of the player during a game or training in real time, and feeding back the estimated physiological index to the game or training[0004]. Wear a heart rate monitor on the subject, warm up for the first 2 minutes, and increase the load from 100 W to 20 W every 2 minutes. The heart rate two minutes after the increase in the load was defined as the heart rate for the load[0028]). The first period of Suda is described as the warm up exercise for 2 minutes which is followed by a second period of regular exercise for 2 minutes or longer. Suda fails to disclose a nontransitory computer readable medium having stored thereon, computer executable instructions, which when executed by a computer, cause the computer to execute operations, the operations comprising: obtaining a convergence value of biological information of a subject in a first period, and a correlation between the first measurement data in the first period and the first convergence value of the biological information of the subject in the first period.
However, Irikita teaches “The program is installed in a non-transitory information recording medium such as a hard disk, a solid state drive, a flash memory, an EEPROM, or the like included in the computer. Then, the information processing apparatus in the present embodiment is realized by the computer”, “ Thereafter, the motion threshold is estimated again for the one point. Then, depending on the effect of the applied stimulus and the condition and symptoms of the patient, the exercise threshold value becomes higher or lower than the previously estimated value(see attached translation, page 19, paragraph 3)”, “A threshold value estimation device 101 is configured so that: a setting unit 102 sets an initial value of intensity to each electrode; a selection unit 103 selects an electrode to which a threshold value is not estimated, randomly; a stimulation unit 104 gives stimulation having the intensity with respect to the electrode, to a living body via the selected electrode; a detection unit 105 detects presence/absence of reaction which is induced by the stimulation; an update unit 106 increases or decreased the intensity corresponding to the selected electrode, based on presence/absence of detected reaction; an estimation unit 107 estimates a converged value as a threshold value corresponding to the electrode, when the updated intensity corresponding to each electrode satisfies a convergence condition. The threshold value estimation device 101 repeats processing on each unit, until all threshold values corresponding to each of electrodes are estimated. Based on whether the electrodes selected continuously are the same electrode or not, a time interval between previous stimulation and subsequent stimulation is adjusted(see attached translation, page 1, abstract)”, “ it is necessary that the response is generated at a predetermined ratio or more (for example, 40%) with respect to the stimulus for the first convergence number(see attached translation, page 23, paragraph 5)”,” As can be seen from the figure, the threshold map obtained by the conventional example and the threshold map obtained by the present embodiment show a strong correlation(Fig. 9)( see attached translation, page 12, paragraph 3)”.
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the estimation method of Suda with the threshold value estimation device of Irikita. Doing so would allow the processing in the estimation system to incorporate a convergence value as a data metric for accurate estimation.
Claim(s) 13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Suda in view of Irikita and further in view of Ref B(KR 20100083348 A).
Regarding claim 13, Suda in view of Irikita teaches the biological information processor according to claim 1, but fails to explicitly teach wherein the circuitry is further configured to obtain the first measurement data corresponding to the first parameter from an acceleration sensor. However, Ref B teaches the activity sensor unit 126 is equipped with an acceleration sensor to detect activity according to movement(see attached translation, page 5, paragraph 5).
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the heart rate estimation system during exercise of Suda with the acceleration sensor of the exercise system of Ref B. Doing so would incorporate the use of an acceleration sensor to record the acceleration during exercise in order to use the obtained value to estimate an accurate heart rate for the subject.
Regarding claim 17, Suda in view of Irikita teaches the biological information processor according to claim 1, but fails to disclose wherein the biological information is at least one of an electrocardiogram associated with the subject or a pulse waveform associated with the subject. However, Ref B teaches the present invention is coupled to a chest belt (chest) and is worn on the chest and received from the user terminal and the user terminal having a slave module for detecting a biosignal of the user's electrocardiogram, light volume pulse wave (PPG), activity, and body temperature The exercise device terminal and personal basic information and basic fitness information are stored by determining the exercise prescription using the obtained biosignal, past exercise prescription data, personal basic information, and basic fitness information, and controlling the exercise equipment according to the exercise prescription[abstract].
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the heart rate estimation system during exercise of Suda with the biological information of the exercise system of Ref B. Doing so would incorporate an electrocardiogram as a metric of biological information to get a more complete view of the health of the subject.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Suda in view of Irikita and further in view of Hasegawa(JP 2012045259 A).
Regarding claim 15, Suda in view of Irikita teaches the biological information processor according to claim 1, but fails to specify wherein the biological information comprises blood sugar level of the subject. However, Hasegawa teaches the physical condition estimation means 15 uses a calculation formula described later from language information including a blood sugar level obtained by the syntax analysis of the syntax analysis means 14, a wording determined to be related to the physical condition, the number and frequency of use of the language, and the like. Quantify the user's physical condition and predict blood sugar level. Then, electronic information including information related to the blood glucose level from the predicted blood glucose level is output to the blood glucose level output means 17(see attached translation, page 3, paragraph 6).
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the heart rate estimation system during exercise of Suda with the predicting biological information device and method of Hasegawa. Doing so would incorporate blood sugar level as a metric of biological information to get a more complete view of the health of the subject.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Suda in view of Irikita and further in view of Eguchi(JP 2012218480 A).
Regarding claim 16, Suda in view of Irikita teaches the biological information processor according to claim 1, but fails to specify wherein the biological information comprises a blood alcohol concentration of the subject. However, Eguchi teaches in addition, when the identification unit 24 identifies the user as a registrant, the drunk state determination unit 26 uses the measured absorbance and the first biological information for verification corresponding to the user. The blood alcohol concentration of the user is estimated based on the difference from the associated extinction coefficient (an example of a reference value), and the user's alcoholic state is determined based on the estimated blood alcohol concentration. Here, the blood alcohol concentration is the amount of ethyl alcohol contained in a unit amount of blood. In addition, when the identification unit 24 identifies the user as a registrant, the alcoholic state determination unit 26 compares the blood alcohol concentration estimated from the measured absorbance and the matching corresponding to the user. The user's alcoholic state may be determined based on a difference from a blood alcohol concentration (an example of a reference value) associated with the first biological information(see attached translation, page 3, paragraphs 6 and 7).
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the heart rate estimation system during exercise of Suda with the predicting biological information device and method of Eguchi. Doing so would incorporate blood alcohol level as a metric of biological information to get a more complete view of the health of the subject.
Allowable Subject Matter
Claims 4-8 and 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 4, 5, 7, and 12 are rejected under 112(a) for failure to comply with the written description requirement so the specification would also need to be amended for the claims to become allowable.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2 and 5, 7, 9-11, and 13-19 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 against previous 101, 112b, and 102 rejections have been withdrawn due to amendments to the claims. Applicant’s arguments against the previous 103 rejections have been rendered moot due to new art Irikita. Applicant argues previous art fails disclose a convergence value of biological information. However, Irikita discloses a convergence value based on biological information as shown in arguments under claims 1, 18, and 19. Therefore the 103 rejections stand for all claims.
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 MARIA CATHERINE ANTHONY whose telephone number is (703)756-4514. The examiner can normally be reached 7:30 am - 4:30 pm, EST, M-F.
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/MARIA CATHERINE ANTHONY/Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796