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 .
Response to Arguments
Applicant’s arguments, see Remarks, filed 12/2/2025, with respect to the claims have been fully considered and are persuasive. The rejection of the claims has been withdrawn.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4, 5, 12-15, 21, 22, 24, 25, 27 and 35 is/are rejected under 35 U.S.C. 102(b) as being anticipated by Sels et al. U.S. PGPub 2019/0029563 (hereinafter “Sels”).
Regarding claims 1, 13 and 21, Sels discloses a gateway device operable in a system for monitoring a plurality of bio-signals (e.g. breathing, heart, muscle sounds) (e.g. ¶12-15, 18-22, 25-27 and 37; Fig. 1-2), the gateway device comprises: a receiver unit (e.g. microphone) configured to receive data and reconstruct the received data to obtain a digital sound signal representative of the plurality of bio-signals (e.g. ¶12-15, 18-22, 25-27 and 37; Fig. 1-2); a processing unit configured to determine at least one biometric (e.g. breathing rate, pattern) from the digital sound signal and form a digital signal representative of the plurality of bio-signals (i.e. digital sounds) and the determined at least one biometric, wherein the processing unit is further configured to reconstruct the digital signal into two or more data segments (e.g. inhalation/exhalation, 1st and 2nd portion of breathing pattern), and wherein each of the two or more data segments comprises a portion of the digital signal (e.g. ¶12-15, 18-22, 25-27 and 37; Fig. 1-2), the portion being representative of at least one of: at least one of the plurality of bio-signals, or the determined at least one biometric (e.g. ¶12-15, 18-22, 25-27 and 37; Fig. 1-2); and a transmitter unit configured to transmit information including the two or more data segments to an external processing module (e.g. breathing pattern detector/analyzer, user device(s)) for further processing (e.g. ¶26-28, 30-43 and 56-59); and a condenser microphone disposed within the gateway device, the condenser microphone is configured to detect ambient sound (e.g. environmental noise) surrounding the gateway device for noise cancelling (e.g. ¶14, 26-27, 38-39, 66 and 68), wherein the gateway device is configured to communicate with at least one external wearable acoustic device (e.g. 1st or 2nd microphone) of the system, the at least one external wearable acoustic device being configured to detect analogue sound signals representative of the plurality of bio-signals (e.g. ¶12-15, 18-22, 25-27 and 37; Fig. 1-2), and the gateway device is further operable in wireless communication with at least one user interfacing device within the system which is configured to alert multiple parties (via alert presentation devices) through the at least one user interfacing device on abnormalities (e.g. irregularities) detected based on the information (e.g. ¶15-16, 32, 46, 50, 53-54, 56, 58, 71 and 74; Fig. 1 and 3).
Regarding claims 13 and 21, Sels further discloses a wearable acoustic device configured to detect analogue sound signals representative of the plurality of bio-signals, and convert the detected analogue sound signals into data representative of the plurality of bio-signals (e.g. ¶15-16, 32, 46, 50, 53-54, 56, 58, 71 and 74; Fig. 1 and 3) and a processing module configured to receive the information, and process the received information for visual display and/or audio display to monitor the plurality of bio-signals and/or the determined at least one biometric (e.g. ¶15-16, 32, 46, 50, 53-54, 56, 58, 71 and 74; Fig. 1 and 3).
Regarding claims 2 and 22, Sels discloses the gateway device as claimed in claim 1, wherein each of the two or more data segments comprises at least three seconds of data (e.g. ¶36 and 54).
Regarding claims 4 and 24, Sels discloses the gateway device as claimed in claim 1, wherein the two or more data segments comprise a first segment (e.g. 1st breath) and a second segment (e.g. 2nd breath), wherein the first segment has a data length longer than the second segment (e.g. ¶2 and 54).
Regarding claims 5 and 25, Sels discloses the gateway device as claimed in claim 4, wherein the first segment (e.g. 1st breath) is representative of at least one of: the at least one of the plurality of bio-signals having an occurrence period between about 3 seconds to about 15 seconds (e.g. ¶36 and 54), or the determined at least one biometric having an occurrence period between about 3 seconds to about 15 seconds; and the second segment is representative of at least one of: the at least one of the plurality of bio-signals having an occurrence period between about 3 seconds to about 5 seconds (e.g. ¶36 and 54), or the determined at least one biometric having an occurrence period between about 3 seconds to about 5 seconds.
Regarding claim 12, Sels discloses the gateway device as claimed in claim 1, further comprising an analogue-to-digital converter configured to convert the ambient sound to a digital equivalent, wherein the processing unit is further configured to remove noise from the digital sound signal based on the digital equivalent of the ambient sound (e.g. ¶14, 26-27, 38-39, 66 and 68).
Regarding claim 14, Sels discloses the system as claimed in claim 13, wherein the processing module is in communication with the at least one user interfacing device configured to display the processed information (e.g. ¶15-16, 32, 46, 50, 53-54, 56, 58, 71 and 74; Fig. 1 and 3).
Regarding claim 27, Sels discloses the method as claimed in claim 21, wherein the plurality of bio-signals comprises signals derived from bodily sounds, and the determined at least one biometric is selected from the group consisting of a heart rate, a heart rate variability, a respiratory rate, a respiratory rate variability and any combination thereof (e.g. ¶12-15, 18-22, 25-27 and 37; Fig. 1-2).
Regarding claim 35, Sels discloses the method as claimed in claim 21, further comprising detecting ambient sound; converting the ambient sound to a digital equivalent; and removing noise from the digital sound signal based on the digital equivalent of the ambient sound (e.g. ¶12-15, 18-22, 25-27 and 37; Fig. 1-2), prior to the step of reconstructing the digital signal to obtain the two or more data segments (e.g. ¶12-15, 18-22, 25-27 and 37; Fig. 1-2).
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) 9 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sels as applied to the claims above, and further in view of Young et al. U.S. PGPub 2021/0306103 (hereinafter “Young”).
Regarding claim 9, Sels discloses a gateway device as claimed in claim 1, wherein the receiver unit is configured to receive the data via a wireless communication protocol (e.g. ¶30 and 48); and wherein the transmitter unit is configured to transmit the information to the external processing module in an external server or a cloud-based platform (e.g. ¶76 and 85), but does not explicitly disclose the wireless communication protocol being a wireless low-energy communication protocol utilizing Low Complexity Communications Codec.
Young discloses a wireless body sound detecting device that utilizes Low Complexity Communications Codec (e.g. ¶4, 50 and 54).
At the time the invention was filed, it would have been obvious to a person of ordinary skill in the art to use a Low Complexity Communication Code to wirelessly transmit data. One of ordinary skill in the art would have been motivated to do this since it provides for higher audio quality at lower bitrates.
Therefore, it would have been obvious to modify Sels with Young to obtain the invention as specified in claims 9 and 29.
Claim(s) 15, 19, 32 and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sels as applied to the claims above, and further in view of Hussain U.S. PGPub 2016/0100817 (hereinafter “Hussain”).
Regarding claim 15, Sels discloses a system wherein the wearable acoustic device comprises at least one sensing unit configured to detect the analogue sound signals (e.g. ¶12-15, 18-22, 25-27 and 37; Fig. 1-2); a converter configured to convert the detected analogue sound signals into the data (e.g. ¶12-15, 18-22, 25-27 and 37; Fig. 1-2); a transmitter configured to transmit the data to the gateway device; and optionally at least one of a conditioning and filtering analogue circuit for removing noise in the analogue sound signals (e.g. ¶14, 26-27, 38-39, 66 and 68), but does not explicitly disclose the wearable acoustic device being adapted to reconstruct the data into a form of a plurality of data trenches prior to transmission to the gateway device. Regarding claims 19 and 33, Sels does not disclose a plurality of data trenches being a 0.5 second trench. Regarding claim 32, Sels does not disclose reconstructing data into a plurality of data trenches.
Regarding claim 15, Hussain discloses the wearable acoustic device being adapted to reconstruct the data into a form of a plurality of data trenches (e.g. heart murmurs) prior to transmission to the gateway device (e.g. ¶201-206). Regarding claims 19 and 33, Hussain discloses the system as claimed in claim 15, wherein each of the plurality of data trenches is a 0.5-second trench (e.g. ¶201-206; Fig. 30 and 38). Regarding claim 32, Hussain discloses reconstructing the data into a form of a plurality of data trenches (e.g. heart murmurs) for transmission to the gateway device (e.g. ¶201-206; Fig. 30 and 38).
At the time the invention was filed, it would have been obvious to a person of ordinary skill in the art to detect irregularities that occur identified by a 0.5 second trench. One of ordinary skill in the art would have been motivated to do this in order to identify an abnormal body condition such as a heart murmur.
Therefore, it would have been obvious to modify Hussain with Young to obtain the invention as specified in claims 15, 19, 32 and 33.
Claim(s) 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sels as applied to the claims above, and further in view of Bukkapatnam et al. U.S. PGPub 2014/0180036 (hereinafter “Bukkapatnam”).
Regarding claim 36, Sels discloses a method wherein the step of converting the detected analogue sound signals into the data is based on a sampling rate of at least 1 KHz (e.g. ¶205), but does not explicitly disclose obtaining the data with resolution of at least 16-bits and above.
Bukkapatnam discloses sampling sound signals with resolution of at least 16-bits and above (e.g. ¶41, 48 and 52).
At the time the invention was filed, it would have been obvious to a person of ordinary skill in the art to obtain sampled data at 16-bit or higher resolution. One of ordinary skill in the art would have been motivated to do this to provide higher quality sampled data.
Therefore, it would have been obvious to modify Sels with Bukkapatnam to obtain the invention as specified in claim 36.
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 CHARLES R KASENGE whose telephone number is (571)272-3743. The examiner can normally be reached Monday - Friday 7:30am to 4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Lo can be reached at (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CK
March 3, 2026
/CHARLES R KASENGE/Primary Examiner, Art Unit 2116