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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/29/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 6 is objected to because of the following informalities: the phrase “an output device” in line 7 should be amended to read –the output device--. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: the phrase “one or more of one or more of” in line 2 should be amended to read –one or more of--. Appropriate correction is required.
Claim 12 is objected to because of the following informalities: the phrase “a feature” in line 9 should be amended to read –the feature--. Appropriate correction is required.
Claim 17 is objected to because of the following informalities: the phrase “a notification” in line 3 should be amended to read –the notification--. Appropriate correction is required.
Claim 17 is objected to because of the following informalities: the phrase “a reproducing” in line 3 should be amended to read –the reproducing--. Appropriate correction is required.
Claim 18 is objected to because of the following informalities: the phrase “a user” in line 5 should be amended to read –the user--. Appropriate correction is required.
Claim 20 is objected to because of the following informalities: the phrase “movement data” in line 3 should be amended to read –the movement data--. Appropriate correction is required.
Claim 20 is objected to because of the following informalities: the phrase “a lower power mode” in line 10 should be amended to read –the lower power mode--. Appropriate correction is required.
Claim 29 is objected to because of the following informalities: the phrase “a heartbeat” in line 3 should be amended to read –the heartbeat--. Appropriate correction is required.
Claim 31 is objected to because of the following informalities: the phrase “a pregnant party” in line 5 should be amended to read –the pregnant party--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4, 6, 9-12, 16-18, 20, 24, 26, 29, 31, 38, 40 and 44 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 40 and 44, recite the limitation “movement data” this limitation is not defined by the claims which renders the claims indefinite. One with ordinary skill in the art would not be able to know if the movement data is for the pregnant mother or the fetus. The scope of the claim remains indeterminate because of the claimed “movement data”.
Claim 3 recite the limitation “amount of access” and claim 9 recite the limitation “access permissions” these limitations are not defined by the claims. One with ordinary skill in the art would not be able to know what is meant by access and/or access to which element. As broadly as claimed the scope of the claim is indeterminate with respect to the claimed limitations above.
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) 1-4, 6, 9-12, 16-18, 20, 24, 26, 29, 31, 38, 40 and 44 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Culpeper et al (US GB 2374716)
As to claims, 1, 38, 40 and 44, Culpeper teaches a method being computer implement and a sensor device comprising a processor for reproducing a movement occurring during a pregnancy (the system/device in fig.1 and 2, having two senor devices 4 and 26 wherein each sensor pad inherently having processing circuitry to reproduce fetal movement signals, page 4), the method comprising:
determining movement data relating to movements during pregnancy using a sensor
device (determining baby kicking/moving signals from the abdomen of the mother using sensing members 18 at each corner of pad 4, page4, fig.1-2);
transmitting the movement data from the sensor device to an external device (transmitting kicking/movement signal to controller 22, end of page 4 and page 5, as best seen in fig.1-2);
storing the movement data on the external device (controller 22 is programmed to compare the signals from each sensing member and triangulate the reading to accurately locate the location on the abdominal wall, page 5, lines 10-15, the Examiner respectfully notes the controller must store received signals in order to compare the received signals and process/triangulate signals); and
transmitting data relating to one or more movements of the movement data from the
external device to an output device that is arranged to reproduce the movements (transmitting processed kick/movement signals from controller 22 to transmitting members 28 is father’s pad 26, end of page 5 and page 6, lines 1-5, fig.1-2), wherein
said transmitting/outputting occurs substantially after the storing of the movement data (processed kick/movement signals must be stored in controller 22 to be transmitted to transmitting members 28 in pad 26, page 5 and page 6, lines 1-5, fig.1-2); and
reproducing the movements using the output device (the kick/movement signals sensed by mother’s pad are transmitted/reproduced to the father’s pad 26 with similar intensity at similar abdomen location, page 6) (Examiner notes, the claims does not recite storing signals for a prolong specific period of time and reproducing the movement after this prolong period of time, so instant signals storing for processing is considered storing data and reproducing movement signals after storing).
As to claim 2, Culpeper teaches the method, wherein the output device to which the data relating to one or more movements is transmitted is dependent on a property of the movement data (the kick/movement signals sensed by mother’s pad are transmitted/reproduced to the father’s pad 26 with similar intensity at similar abdomen location, page 6, so data transmitted to pad 26 depends on the property of kick/movement data sensed by pad 4).
As to claim 3, Culpeper teaches the method, wherein the output
device to which the data relating to one or more movements is transmitted is
dependent on an amount of access associated with one or more output devices (the kick/movement signals sensed by mother’s pad are transmitted/reproduced to the father’s pad 26 with similar intensity at similar abdomen location, page 6, so data transmitted to pad 26 depends on the amount of access to other pads and/or displaying data, page 7).
As to claim 4, Culpeper teaches the method, wherein transmitting
data relating to one or more movements of the movement data comprises one or
more transmitting the data at least one minute after the storing of the movement data (the kick/movement signals sensed by mother’s pad can be transmitted/reproduced to the father’s pad 26 within one minute, pages 5-6, as kick/movement signals are transmitted to the father instantly/right after being sensed by the mother),
preferably at least five minutes, more preferably at least thirty minutes, yet more
preferably at least one hour, still more preferably at least six hours and
transmitting a selected subset of the movement data and/or reproducing a
movement of the movement data.
As to claim 6, Culpeper teaches the method, wherein the
transmitting depends on one or more of: a user input (transmitting kick/movement signal to pad 26 must be based on user/father input/choice to wear transmitting pad 26 and listen to baby heartbeat, pages 4-7, fig.1-2),
a time period and/or a movement selected by a user
a user and/or output device authorization; and
a request from a user and/or an output device.
As to claim 9, Culpeper teaches the method, comprising;
reproducing the movements using the output device (the kick/movement signals sensed by mother’s pad are transmitted/reproduced to the father’s pad 26 with similar intensity at similar abdomen location, page 6); and/or
outputting the movement data to a plurality of output devices and/or
determining a distribution list and/or access permissions relating to the
movement data
As to claim 10, Culpeper teaches the method, wherein
determining movement data comprises detecting a movement that exceeds a
threshold, and/or wherein determining movement data comprises
detecting a movement that exceeds at least one of: a force
threshold (sensed kick/movement signal has specific intensity to be able to be transmitted to pad 26, page 6) and a duration threshold.
As to claim 11, Culpeper teaches the method, wherein the movement
data comprises one or more of one or more of: a movement direction; a movement
location; a movement force; a movement duration; a period of interest; one or more
movements within the movement data; a peak in movement; a peak force; and a
period of high movement (movement/kick signal intensity, end of page 5 to page 6).
As to claim 12, Culpeper teaches the method, further comprising one
or more of:
processing the movement data to determine a feature of the movement data
and/or to determine the movements (processing and triangulation movement/kick signal location and intensity, pages 5-6)
identifying or selecting a period of interest;
identifying or selecting one or more movements within the movement data:
identifying a peak in movement:
identifying a beak force;
identifying a feature of the movement:
identifying or selecting a period of high movement;
littering the movement data to remove noise and/or movements not caused by
a fetus:
determining one or more parties to whom the movement data is to be
transmitted: and
processing the data at the external device.
As to claim 16, Culpeper teaches the method, wherein the sensor
device is arranged to store at least one minute of movement data (the kick/movement signals sensed by mother’s pad can processed/compared and triangulate within one minute, pages 5-6, as kick/movement signals are transmitted to the father instantly/right after being sensed by the mother), at least five
minutes of movement data, at least thirty minutes of movement data, at least one
hour of movement data, at least six hours of movement data, and/or at least twelve
hours of movement data.
As to claim 17, Culpeper teaches the method, further comprising
outputting a notification following the transmission of the movement data to the
external device and/or outputting a notification following reproducing of the movement (using loudspeaker to notify the father of moving/kicking sound and to hear baby’s heartbeat, page7).
As to claim 18, Culpeper teaches the method, wherein the output
device to which the feature is transmitted is dependent on one or more of
a property of the movement data (sensed kick/movement signal has specific intensity to be able to be transmitted to pad 26, page 6);
a user selection; and
a user selection by a pregnant party related to the movement data.
As to claim 20, Culpeper teaches the method, wherein:
transmitting the movement data to the external device comprises transmitting
movement data periodically (sensed kick/movement signal has specific intensity to be able to be transmitted to pad 26, thus, the signals are transmitted when only sensed by pad 4, pages 4-6) and/or infrequently and/or
the movement data is transmitted when a period of low movement is detected:
and/or
the movement data is transmitted no more than: once every minute. once every
hour, once every six hours, once every twelve hours. and/or once every twenty-four hours: and/or
the sensor device is arranged to enter a low power mode: and/or
the sensor device is arranged to enter a low power mode during periods of low
movement.
As to claim 24, Culpeper teaches the method, comprising combining
a plurality of movement data to provide a movement history (controller 22 is programmed to compare the signals from each sensing member and triangulate the reading to accurately locate the location on the abdominal wall, page 5, lines 10-15, the Examiner respectfully notes the controller must store received signals in order to compare the received signals and process/triangulate signals), preferably wherein the
movement history relates to movement data for at least one day, at least one week,
at least one month, and/or at least six months.
As to claim 26, Culpeper teaches the method, wherein the sensor
device is arranged to be integrated with and/or removably attached to an item of
clothing and/or wherein the sensor device comprises a belt and/or a shell and/or
wherein the sensor device is portable (pads 4 and 16 comprises belt straps 6 that goes around the user’s waist/abdomen, page4, fig.1-2).
As to claim 29, Culpeper teaches the method, comprising
monitoring a heartbeat using the sensor device (monitoring the baby’s heart beats, page7), and/or outputting and/or reproducing a heartbeat monitored using the sensor device
As to claim 31, Culpeper teaches the method, further comprising
receiving and/or outputting further information relating to the pregnancy, preferably
wherein the further information comprises one or more of: a progress of the
pregnancy, an approximate date of inception, an expected date of delivery, an
experience of a pregnant party, and medical information relating to a pregnant
party (monitoring baby’s heart beats and baby’s movement are indication of pregnancy status and the heath of the baby, page 7).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAY A ABOUELELA whose telephone number is (571)270-7917. The examiner can normally be reached 8-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JACQUELINE CHENG can be reached at 5712725596. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MAY A ABOUELELA/Primary Examiner, Art Unit 3791