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 Amendment
This application is responsive to applicant preliminary amendment received 01/12/2023. Claims 4-5, 7, 9, 11, 14, 16, 18-19, 33, 37, 51, 53, and 55 amended. Claims 3, 6, 8, 10, 12-13, 15, 17, 20, 23-32, 34-36, 38, 41-50, 52, 54, and 56-59 canceled. Claims 1-2, 4-5, 7, 9, 11, 14, 16, 18-19, 21-22, 33, 37, 39-40, 51, 53 and 55 pending.
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.
Claims 1-2, 4-5, 7, 9, 11, 14, 18-19, 21-22, 33, 37, 39-40, 51 and 55 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Longo (US Patent No. 20180130316 A1).
In re claim 1, Longo teaches A configurable sensor directed toward collection of user input data (Para [0029]: “The event tracker activates and transmits data with a single button press, multiple button press, or long press for immediate recording on a mobile device or mobile communications device having a mobile application software. The event tracker has a plurality of buttons, with common or universal symbol icon images relating to a specific event, that enable ease of use especially for those with limited computer and language skills. The buttons may be configurable in regards to what they are tracking.”), the sensor comprising:
a user operated configurable input (SEE FIG 2, User Interface 116 and Buttons 118, and para [0037]: “Pressing one of the plurality of buttons 118 immediately activates the event tracker 102 and sends associated event data to the datastore 132 (FIG. 1) though a telecommunications network 133… A single short press of any button 118 submits event ID, date, and time of that button press. An initial short press to send date and time may be subsequently followed with multiple subsequent presses of that same button 118 within an established threshold of time to submit amount/volume increments to equal a total amount/volume (duration) associated with the event. The amount/volume unit of measure and increments would be configured in the software application. A long press clears/resets the wireless connection credentials saved to the device.” and para [0049]: “The apparatus in accordance with the present invention may be customized by changing the events tracked by a respective button 118 on the device 100 and the application installed on the mobile device 130. The system thus can readily be reconfigured to track additional events other than the preconfigured events originally provided with the device and application. For example, a system may be preconfigured with infant care activities. After a first period, for example, a first year, the user may no longer need tracking of infant feedings, diapers, and sleep. The icons are readily changed to track altogether different events for example, toilet training, daily chores, pet animal care, medication, or other event.”);
a transceiver operable to communicate with an external device (Para [0039]: “FIG. 3 is a schematic diagram of the event tracker 102 of FIG. 1, according to an embodiment of the present disclosure. The event tracker 102 may include electronics or modules configured to enable its functionality, which may be, for example, mounted to and/or communicably coupled to an electronics board 120 internally mounted to the housing 110 (FIG. 2). As shown, the event tracker 102 may include a wireless communication radio 124…”); and
a controller coupled to the configurable input and the transceiver (Paras [0041]-[0042]: “The controller 126 may include an embedded processor 122. The controller 126 may be configured to communicate the event data over the wireless communication link 40 via the wireless communication radio 124.” “According to one embodiment, the user interface 116 and the controller 126 having an embedded processor 122 are configured to associate an input from each of the plurality of buttons 118.”), the controller operable to collect data from the configurable input and classify the data according to a configured data type (Para [0042]: “Activation of the event tracker 102 is initiated by pressing one of the plurality of buttons 118. Each subsequent pressing of the plurality of buttons 118 results in the activation of the event tracker 102 and the transmission of an event associated with the iconic symbol on the plurality of buttons 118 along with a time and date stamp. The transmitted data includes a time, a date, and at least one of a unique event and class of event as an event message, the events for the preferred embodiment including diaper changes, feedings, wake time, sleep time, and a user-configurable miscellaneous events, each associated with an icon symbol displayed on a respective one of the plurality of buttons 118. Events for alternate embodiments may include stable cleaning, watering, and feeding of livestock in a stable with associated iconic symbols for the plurality of buttons 118 and the phone application software screens 158 (FIGS. 4A-C).”).
Method claim 39 is rejected for the same reasons as sensor claim 1 for having similar limitations and being similar in scope.
System claim 21 is rejected for the same reasons as sensor claim 1 for having similar limitations and being similar in scope; where Longo further teaches the following limitations: a data server to receive the collected classified data from the transceiver (Para [0037]: “The datastore 132 is a remote database memory storage device for receiving and maintaining event data, which remote device is accessed by the application on the mobile device 130 for generating event reports as discussed below.”); and
an analysis module operable to determine a health condition of the user based on the collected classified data (Para [0030]: “The transmitted data may be stored in the cloud or in the mobile device via the immediate application of the application software. Advantageously, this may offer caretakers of infants, children, stable animals, elders, or pets an easy and efficient method for tracking and recording multiple occurrences of recurring events, such as feedings, diaper changings, and the like while keeping the event tracker simple without the complexity of storing data.” and para [0040]: “The wireless communication radio 124 communicates event data 40 to the datastore 132 via a telecommunications network. Subsequently, the mobile device 130 (FIG. 1) via the mobile application operating on the mobile device 130 accesses the datastore 132 for analysis and reporting on tracked events.”).
In re claim 2, Longo teaches wherein the configured data type is one of user medication, user dose, user emotion, user activity, or user trigger (Para [0042]: “According to one embodiment, the user interface 116 and the controller 126 having an embedded processor 122 are configured to associate an input from each of the plurality of buttons 118… Each subsequent pressing of the plurality of buttons 118 results in the activation of the event tracker 102 and the transmission of an event associated with the iconic symbol on the plurality of buttons 118 along with a time and date stamp. The transmitted data includes a time, a date, and at least one of a unique event and class of event as an event message, the events for the preferred embodiment including diaper changes, feedings, wake time, sleep time, and a user-configurable miscellaneous events, each associated with an icon symbol displayed on a respective one of the plurality of buttons 118. Events for alternate embodiments may include stable cleaning, watering, and feeding of livestock in a stable with associated iconic symbols for the plurality of buttons 118 and the phone application software screens 158 (FIGS. 4A-C).”).
System claim 22 and method claim 40 are rejected for the same reasons as sensor claim 2 for having similar limitations and being similar in scope.
In re claim 4, Longo teaches further comprising a housing holding the transceiver and controller (Para [0039]: “FIG. 3 is a schematic diagram of the event tracker 102 of FIG. 1, according to an embodiment of the present disclosure. The event tracker 102 may include electronics or modules configured to enable its functionality, which may be, for example, mounted to and/or communicably coupled to an electronics board 120 internally mounted to the housing 110 (FIG. 2).”, where FIG. 3 depicts wireless communication radio [or transceiver] 124 and controller 126.), the housing having a base exterior surface and an opposite open aperture, wherein the user operated configurable input is a push-button extending through the open aperture (Para [0035]: “FIG. 2 is a perspective view of the event tracker system of FIG. 1, according to an embodiment of the present disclosure. As above, the event tracker 102 may include the user interface 116. The user interface 116 may have plurality of buttons 118 configured for data entry. The buttons 118 may be backlit to facilitate use at night or in darkened rooms. The event tracker 102 may further include a housing 110, where the user interface 116 is coupled to the housing 110. The housing 110 may include a mount (e.g., a retention clip, a flat surface mount 111, etc.). Here, the mount of the housing 110 embodied as the flat surface mount 111.”).
In re claim 5, Longo teaches wherein the base exterior surface includes one of an adhesive for attachment to a flat surface or a loop structure for attaching a lanyard or strap (Para [0035]: “The housing 110 may include a mount (e.g., a retention clip, a flat surface mount 111, etc.). Here, the mount of the housing 110 embodied as the flat surface mount 111. Further, the mount of the housing 110 may be configured to connect the event tracker 102 to an object, such as the crib 10 (FIG. 1), a refrigerator, a kennel, or a stable.”).
In re claim 7, Longo teaches further comprising a faceplate having a plurality of button areas, wherein the configurable input is one of the plurality of button areas (Para [0035]: “The user interface 116 may have plurality of buttons 118 configured for data entry. The buttons 118 may be backlit to facilitate use at night or in darkened rooms.” and para [0049]: “Alternatively, as illustrated in FIG. 10B, the button 118 includes a detachable cap 464. An icon insert 466 seats in the detachable cap. The icon insert for the prior tracking event is removed and the icon insert for the new tracking event inserted. The cap 464 is then replaced on the button 118. The icon insert 466 may be selected from a plurality of graphic icon provided on a sheet or downloaded from a source file for printing.”).
In re claim 9, Longo teaches further comprising a decal overlaying the faceplate, wherein the decal includes identification information for the button areas associated with the configured data type, and wherein the decal includes icons on each of the button areas, wherein the icons correspond to the configured data type (Para [0049]: “The apparatus in accordance with the present invention may be customized by changing the events tracked by a respective button 118 on the device 100 and the application installed on the mobile device 130. The system thus can readily be reconfigured to track additional events other than the preconfigured events originally provided with the device and application. For example, a system may be preconfigured with infant care activities. After a first period, for example, a first year, the user may no longer need tracking of infant feedings, diapers, and sleep. The icons are readily changed to track altogether different events for example, toilet training, daily chores, pet animal care, medication, or other event. In a first embodiment shown in FIG. 10A, each button 118 includes an icon sticker 460. The graphic shown on the icon sticker 460 is representative of the particular event to be tracked. A new sticker 462 having an icon representative of the new event is selected from a supply of sticker icons (not illustrated). The sticker 462 has an adhesive backing which adheres the new sticker to the selected button. Alternatively, as illustrated in FIG. 10B, the button 118 includes a detachable cap 464. An icon insert 466 seats in the detachable cap. The icon insert for the prior tracking event is removed and the icon insert for the new tracking event inserted. The cap 464 is then replaced on the button 118. The icon insert 466 may be selected from a plurality of graphic icon provided on a sheet or downloaded from a source file for printing.”).
In re claim 11, Longo teaches wherein the configured data type includes a plurality of related data inputs, each data input corresponding to each one of the plurality of button areas (Para [0050]: “The user may selectively customize the buttons 118 as to event icon, label, and additional attributes on the mobile device 130. The customization feature is accessed through the button 480 which displays a matrix of the buttons 118 for selection. FIG. 8 illustrates a page 483 that displays the activities or events currently available through the respective icon button 118. The user selects one of the icon buttons 118 to edit or customize.”).
In re claim 14, Longo teaches wherein the external device is a mobile device, wherein the controller sends the collected data via the transceiver to the mobile device (Para [0040]: “The wireless communication radio 124 communicates event data 40 to the datastore 132 via a telecommunications network. Subsequently, the mobile device 130 (FIG. 1) via the mobile application operating on the mobile device 130 accesses the datastore 132 for analysis and reporting on tracked events. Data transmission may be initiated by pressing any of the plurality of buttons 118 which are configured to activate the event tracker 102 and immediately send the event information to the datastore 132 for access in real time by the application operating on the mobile device 130.” and para [0051]: “…and step three 503, pressing one of the plurality of buttons 118 on the event tracker 102 to activate event tracker 102 and send associated event data to the mobile device 130.”) when the mobile device is within transmission range of the configurable sensor (Para [0030]: “According to one embodiment, the wireless-enabled device may be configured to transmit the specific activity/event as well as a date and time stamp as an immediate transmission without resident memory storage (e.g., a datalogger) on the event tracker. The transmitted data may be stored in the cloud or in the mobile device via the immediate application of the application software.” and para [0031]: “The event tracker pairs with the software application which can be accessed via mobile device or computer, where users can login to view reports based on the data submitted from the device. Aspects of the present disclosure may offer trend analysis and reports for all events tracked with the mobile application software.”).
System claim 33 and method claim 51 are rejected for the same reasons as sensor claim 14 for having similar limitations and being similar in scope.
In re claim 18, Longo teaches wherein the mobile device includes a configuration interface operable to configure the configured data type of the configurable sensor corresponding to the configurable input, wherein the mobile device is operable to send a configuration signal to the transceiver to configure the configurable input and the configurable data type (SEE para [0034], para [0053]: “The electronic application installs on the mobile device 130. Upon occurrence of an event for tracking, the appropriate button 118 indicated by the icon displayed thereon is selected. The event type, date, and time communicates 40 to the datastore 132 via the application operating on the mobile device. The wireless radio 124 communicates with the mobile device 130 which in turn communicates with the remote datastore 132.”, para [0055]: “The customize button 480 enables the user to customize the events buttons for tracking. Upon selection, the application presents (see FIG. 8), the buttons matrix for selecting the button 118 to customize. The customization screen shown in FIG. 9 enables entry 488 of a button label, selection 490 of an icon, and selection 492 of optional attributes. Upon customization, the information is saved 494.” and para [0056]: “As noted above, the buttons 118 may be selectively changed on both the device 102 and the application on the mobile device.”).
System claim 37 and method claim 55 are rejected for the same reasons as sensor claim 18 for having similar limitations and being similar in scope.
In re claim 19, Longo teaches wherein the user operated input is an actuator device coupled remotely from the transceiver and the controller (Para [0034]: “Alternatively, the user may gainfully use the mobile device 130 that executes software instructions in a mobile application. The mobile device 130 communicates the selected event button and the date and time information over a wireless communication link 40 to the datastore 132. For example, the recorded event may be a diaper change, a feeding, or a sleep state along with a time and date stamp. The event tracker 102 may include a user interface 116 configured allow the user 140 to interact with the mobile device 130.”).
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.
Claims 16 and 53 are rejected under 35 U.S.C. 103 as being unpatentable over Longo (US Patent No. 20180130316 A1), in view of Edwards (US Patent No. 20210257075 A1).
In re claim 16, Longo teaches all of the limitations of claim 14 stated above where Longo further teaches wherein the mobile device is paired with the configurable sensor for collecting the collected data (Para [0030]: “According to one embodiment, the wireless-enabled device may be configured to transmit the specific activity/event as well as a date and time stamp as an immediate transmission without resident memory storage (e.g., a datalogger) on the event tracker. The transmitted data may be stored in the cloud or in the mobile device via the immediate application of the application software.” and para [0031]: “The event tracker pairs with the software application which can be accessed via mobile device or computer, where users can login to view reports based on the data submitted from the device. Aspects of the present disclosure may offer trend analysis and reports for all events tracked with the mobile application software.”).
Longo fails to teach and wherein the mobile device is paired with a second configurable sensor comprising:
a user operated configurable input;
a transceiver operable to communicate with an external device; and
a controller coupled to the configurable input and the transceiver, the controller operable to collect data from the configurable input and classify the data according to a configured data type, wherein the controller sends the collected data via the transceiver to the mobile device when the mobile device is within transmission range of the second configurable sensor.
However, Edwards teaches and wherein the mobile device is paired with a second configurable sensor comprising:
a user operated configurable input (Para [0239]: “In other embodiments, the electronic configuration of the electronic circuit system 7900 can facilitate methods of updating an instruction script and/or voice prompt stored in the memory 7999 of the electronic circuit system 7900. For example, in some embodiments, the electronic circuit system 7900 can receive signals from the computing device 7801 that include information associated with an instruction script and/or voice prompt of the types described herein. This information can then be written to the memory 7999, thus allowing the voice prompts to be updated using the wireless communications capabilities described herein. These methods avoid the need to have the voice prompts contained in a ROM mask, which can be difficult to update. Moreover, these methods allow for the user to customize their voice prompts (e.g., with a specific user's voice, with customized content or the like).”);
a transceiver operable to communicate with an external device (SEE FIG 44, Radio 7951); and
a controller coupled to the configurable input and the transceiver (SEE FIG 44, Processor 7980), the controller operable to collect data from the configurable input and classify the data according to a configured data type, wherein the controller sends the collected data via the transceiver to the mobile device (Para [0238]: “Referring to FIG. 47, the method 30 includes receiving, in response to an input prompt, a user input selecting an output script associated with a medicament delivery device, at 32. A communications link is established between a mobile computing device and the medicament delivery device via a short-range wireless protocol, at 33. The method further includes transmitting, from the mobile computing device, a wireless signal providing instructions to an electronic circuit system of the medicament delivery device to execute the output script when the electronic circuit system of the medicament delivery device is actuated, at 34.”) when the mobile device is within transmission range of the second configurable sensor (Para [0179]: “Such devices can, for example, retain the data and/or information transmitted by the medicament delivery device 5000 until such time as the user is within range of a mobile phone or other more sophisticated computing device.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Longo to incorporate the teachings of Edwards to provide and wherein the mobile device is paired with a second configurable sensor comprising: a user operated configurable input; a transceiver operable to communicate with an external device; and a controller coupled to the configurable input and the transceiver, the controller operable to collect data from the configurable input and classify the data according to a configured data type, wherein the controller sends the collected data via the transceiver to the mobile device when the mobile device is within transmission range of the second configurable sensor with the Event Tracker System And Method of Longo. Doing so allows voice prompts to be updated using the wireless communications capabilities described herein and avoids the need to have the voice prompts contained in a ROM mask, which can be difficult to update, ultimately allowing for the user to customize their voice prompts (e.g., with a specific user's voice, with customized content or the like, as recognized by Edwards (Para [0239]).
Method claim 53 is rejected for the same reasons as sensor claim 16 for having similar limitations and being similar in scope.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 9973899 B1 teaches various systems are provided comprising: a building including one or more facilities each including at least one broadcast short-range communications unit having a fixed location, an application/computer code configured for execution by at least one of a plurality of mobile devices, and at least one server, that, together, are configured to cooperate to trigger one or more mobile device actions including causing to be output visual information, based on particular location-relevant information that is, in turn, based on at least one value.
US 20210001061 A1 teaches A system may limit the number of times an inhalation device transmits inhalation data to a single time to reduce the battery usage of the inhalation device. The system may include an inhalation device that has medicament and an electronics module. The system may limit the number of times the inhalation device transmits new inhalation data to any mobile device to a single time by causing the server to receive the new inhalation data from one of the mobile devices and causing the server to transmit the new inhalation data to other of the mobile devices prior to the other mobile devices transmitting a request for the new inhalation data to the inhalation device. The inhalation device may include a Quick Response (QR) code, and a mobile application may determine at least one of a medication type or a number of doses of the inhalation device from the QR code.
US 10420623 B2 teaches a method of using an emergency medicament device. The method includes reading an ID tag from the medicament device using a mobile device; automatically requesting instructions for using the medicament device based on the ID tag; and displaying a video to a user of the mobile device, the video providing instructions for using the medicament device in accordance with approved labeling of the medicament device. Various exemplary embodiments relate to an electronic medicament device including: a reservoir configured to store an amount of medication for treating anaphylaxis; an administration component for administering the medication to a patient; a processor communicatively connected to a memory storing medicament device information; and an identification tag configured to be read by another device, the identification tag providing the medicament device information including identification of instructions for using the medicament device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES EDWARD MUNION whose telephone number is (571)270-0437. The examiner can normally be reached Monday-Friday 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached at 571-270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES E MUNION/Examiner, Art Unit 2688 06/10/2026
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