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 .
Amendment Entered
This Office action is responsive to the Amendment filed on December 3rd, 2025. The examiner acknowledges the amendments to claims 1, 2, 4, 5, 17, 18, 19, 20, 26, 27, 28, and 30. Claims 1-30 remain pending in the application.
Response to Arguments
Applicant’s arguments, filed December 3rd, 2025, with respect to the rejections under 35 USC 101 have been fully considered but are not persuasive.
At pages 12-14, Applicant argues that the claim as a whole integrates the alleged judicial exception into a practical application of determining a target breathing pattern appropriate for the current exercise performed by the user and improves exercise efficiency to allow the user to exercise more comfortable for longer periods of time. Examiner respectfully disagrees.
The judicial exception (abstract idea) in Claims 1-30 is not integrated into a practical application because the abstract idea amounts to simply implementing the abstract idea on a computer. For example, the recitations regarding the generic computing components for determining a target breathing pattern, and determining differences merely invoke a computer as a tool. Furthermore, the data-gathering step (receiving, monitoring) and the data-output step (providing) do not add a meaningful limitation to the method as they are insignificant extra-solution activity. The claims do not apply the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition. Rather, the abstract idea is utilized to determine a relationship among data to provide information to the user regarding determined differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user. The claims do not apply the abstract idea to a particular machine. "Use of a machine that contributes only nominally or insignificantly to the execution of the claimed method (e.g., in a data gathering step or in a field-of-use limitation) would not provide significantly more." MPEP 2106.05(b) III. The pending claims utilize a processor/computer for receiving, determining, monitoring, and providing. The claims do not apply the determined differences to a particular machine. Rather, the data is merely output in a post-solution step. Furthermore, the improvement cannot be found in the abstract idea itself. “[I]t is important to keep in mind that an improvement in the abstract idea itself ... is not an improvement in technology.” MPEP 2106.05(a) Il. The claims recite steps for an processing data. The claims do not integrate the processing into a practical application. Rather, the alleged improvement lies solely within the processing steps performed by the processor. “Merely adding generic computer components to perform the method is not sufficient. Thus, the claim must include more than mere instructions to perform the method on a generic component or machinery to qualify as an improvement to an existing technology." Id.
Applicant’s arguments, filed December 3rd, 2025, with respect to the rejections under 35 U.S.C. 102/103 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.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Such claim limitations are:
Means for receiving a sensor input from an exercise sensor is defined in para. [0055, 0117, 0157-0158] as a processor including interface circuitry for interfacing with peripheral devices/ receiving a sensor input from an exercise sensor;
means for determining a type of current exercise performed by the user based on the received sensor input in claim 30 is defined in para. [0066, 0110] as cameras, lidar, light sensors, microphones, IMUs, electromyograms, pressure sensors, and/or proximity/motion sensors, a processor coupled to memory, remote system, external resources using a transceiver.
means for determining a target breathing pattern appropriate for the current exercise performed by the user in claim 30 is defined in para. [0111] as a processor coupled to memory, remote system, external resources using a transceiver.
means for monitoring a current breathing pattern of the user while performing the current exercise based on inputs from a respiratory sensor in claim 30 is defined in para. [0066, 0089, 0112] as cameras, lidar, light sensors, microphones, IMUs, electromyograms, pressure sensors, and/or proximity/motion sensors, a respiratory sensor, a processor coupled to memory and one or more devices with sensors, remote system, external resources using a transceiver.
means for determining differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user in claim 30 is defined in para. [0113] as a processor coupled to memory, remote system, external resources using a transceiver.
means for providing information to the user regarding determined differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user in claim 30 is defined in para. [0114] as a processor coupled to the display, a speaker, a vibration device, memory, remote source/system, or external resources using a transceiver.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
Claims 1-30 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than an abstract idea. A streamlined analysis of claim 6 follows.
STEP 1
Regarding claims 1, 17, 26, and 30, the claims recites a series of structural elements and/or a series of steps or acts, including a device/user equipment. Thus, the claims are directed to a process and/or a machine, which is one of the statutory categories of invention.
STEP 2A, PRONG ONE
The claim is then analyzed to determine whether it is directed to any judicial exception. The steps of:
determining a type of current exercise performed by the user based on the received sensor input;
determining a target breathing pattern appropriate for the current exercise performed by the user;
determining differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user;
set forth a judicial exception. These steps describe a concept performed in the human mind (including an observation, evaluation, judgment, opinion). Thus, the claim is drawn to a Mental Process, which is an Abstract Idea.
STEP 2A, PRONG TWO
Next, the claim as a whole is analyzed to determine whether the claim recites additional elements that integrate the judicial exception into a practical application. The claim fails to recite an additional element or a combination of additional elements to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limitation on the judicial exception. Claims 1, 17, 26, and 30 recites receiving a sensor input from an exercise sensor and monitoring a currently breathing pattern of the user while performing the current exercise based on inputs from a respiratory sensor and providing information to the user regarding determined differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user, which is merely adding insignificant extra-solution activity to the judicial exception (MPEP 2106.05(g)). The providing information does not provide an improvement to the technological field, the method does not effect a particular treatment or effect a particular change based on the provided information, nor does the method use a particular machine to perform the Abstract Idea.
STEP 2B
Next, the claim as a whole is analyzed to determine whether any element, or combination of elements, is sufficient to ensure that the claim amounts to significantly more than the exception. Besides the Abstract Idea, the claim recites additional steps of:
user equipment;
a processor;
non-transitory processor-readable medium having stored thereon processor-executable instructions;
receiving a sensor input from an exercise sensor;
monitoring a current breathing pattern of the user while performing the current exercise based on inputs from a respiratory sensor;
providing information to the user regarding determined differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user.
The receiving, monitoring, and providing steps are well-understood, routine and conventional activities for those in the field of medical diagnostics. Further, the receiving, monitoring, and providing steps are each recited at a high level of generality such that it amounts to insignificant extra-solution activity, e.g., mere data gathering and data-outputting steps necessary to perform the Abstract Idea. When recited at this high level of generality, there is no meaningful limitation, such as a particular or unconventional step that distinguishes it from well-understood, routine, and conventional data gathering and data outputting and comparing activity engaged in by medical professionals prior to Applicant's invention. Furthermore, it is well established that the mere physical or tangible nature of additional elements such as the receiving, monitoring, and providing steps do not automatically confer eligibility on a claim directed to an abstract idea (see, e.g., Alice Corp. v. CLS Bank Int'l, 134 S.Ct. 2347, 2358-59 (2014)).
Consideration of the additional elements as a combination also adds no other meaningful limitations to the exception not already present when the elements are considered separately. Unlike the eligible claim in Diehr in which the elements limiting the exception are individually conventional, but taken together act in concert to improve a technical field, the claim here does not provide an improvement to the technical field. Even when viewed as a combination, the additional elements fail to transform the exception into a patent-eligible application of that exception. Thus, the claim as a whole does not amount to significantly more than the exception itself. The claim is therefore drawn to non-statutory subject matter.
Regarding claims 1, 17, 26, and 30, the device recited in the claim is a generic device comprising generic components configured to perform the abstract idea. The recited exercise sensor and respiration sensor are generic sensors configured to perform pre-solutional data gathering activity, the processor is configured to perform insignificant extra-solution activity and to perform the Abstract Idea. According to section 2106.05(f) of the MPEP, merely using a computer as a tool to perform an abstract idea does not integrate the Abstract Idea into a practical application. See the non-patent literature of record; W. Qi and A. Aliverti, "A Multimodal Wearable System for Continuous and Real-Time Breathing Pattern Monitoring During Daily Activity," in IEEE Journal of Biomedical and Health Informatics, vol. 24, no. 8, pp. 2199-2207, Aug. 2020, doi: 10.1109/JBHI.2019.2963048.
The dependent claims also fail to add something more to the abstract independent claims. Claims 2-16, 18-25, and 27-29 are directed to more abstract ideas, which does not add anything significantly more. The steps recited in the independent claims maintain a high level of generality even when considered in combination with the dependent claims.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 6-7, 13-15, 17-18, 21-22, 25, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Wu (US 20160007911 A1) in view of Niehaus (US 20180043210 A1).
Regarding claim 1, Wu discloses a method executed by a processor (processing device 12, para. [0016]) of user equipment (breathing guidance system 1, para. [0016]) for providing information regarding breathing patterns of a user during exercise (“breathing waveform”, Abstract), comprising: receiving a sensor input from an exercise sensor (“gravity sensor”, para. [0017-0018, 0021], fig. 1); determining a current exercise performed by the user (“instant physiological status information 11 … body movement … direction and a distance of the body movement”, para. [0017-0018], step 302, fig. 3) based on the received sensor input (“instant physiological status information 11”, para. [0017-0018, 0021]); determining a target breathing pattern appropriate for the current exercise performed by the user (“generate a target breathing waveform … default breathing waveform … exercising … breathing frequency”, para. [0022-0024], step 306, fig. 3); monitoring a current breathing pattern (“instant breathing status information 17 … breathing frequency”, para. [0033-0035, 0051]) of the user while performing the current exercise based on inputs from a respiratory sensor (instant breathing detection module 16, para. [0033-0034, 0051], fig. 1) (step 307, fig. 3, para. [0051]); determining differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user (“breathing waveform difference”, para. [0037, 0052-0053], step 308, fig. 3); and providing information to the user regarding determined differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user (“breathing indication device 14 generates a breathing indication signal 15”; “breathing condition indication signal 19 … displayed”, para. [0025-0029, 0031, 0036], steps 310-311, fig. 3).
Wu further discloses that the physiological status detection device 10 can be such as, but not limited to a gravity sensor, an oxygen saturation measuring device or a heartbeat rate measuring device (para. [0017]).
Wu does not disclose determining a type of current exercise performed by the user based on the received sensor input.
However, Niehaus directed to automatic detection and quantification of user activities such and tracking of an exercise performed by a user (para. [0002, 0033]) discloses an exercise sensor (“sensors … inertial sensor(s) (e.g., accelerometer(s) and gyroscope(s))”; “gravity sensors”, para. [0033-0034, 0052, 109]) and determining a type of current exercise performed by the user based on the received sensor input (“motion signature … sensors … identify the type of exercise that the user has started based on comparing the output of the sensors … provide … activity metrics specific to the identified type of exercise”; “activity identifier 194 may use the peaks extracted from the motion signature … determine the activity … walking, running, biking”, para. [0033-0034, 0052]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu such that the method further comprises determining a type of current exercise performed by the user based on the received sensor input, in view of the teachings of Niehaus, as this would aid in providing activity metrics indicative of the user’s performance with respect to the specific type of exercise identified from the output of the sensors (para. [0006, 0034]).
Regarding claim 2, Wu, as modified by Niehaus hereinabove, discloses the method of claim 1, wherein the sensor input provides information regarding user body movements (“gravity sensor … body movement information”, para. [0017-0018, 0021]), wherein determining the type of the current exercise is based on the sensor input received from the exercise senor (“instant physiological status information 11”, para. [0017-0018, 0021] & Niehaus, para. [0033-0034, 0052]).
Regarding claim 3, Wu, as modified by Niehaus hereinabove, discloses the method of claim 2, wherein the target breathing pattern is based on the sensor input received from the exercise sensor indicating how the user is moving during the exercise (“receive instant physiological status information 11 … to generate a target breathing waveform … default breathing waveform … exercising … breathing frequency”, para. [0022-0023]).
Regarding claim 6, Wu, as modified by Niehaus hereinabove, discloses the method of claim 1, further comprising: receiving a manual user input regarding at least one of the current exercise or the target breathing pattern (“default breathing waveform … exercising … options … user to select … selection command … generate the default breathing waveform”, para. [0022, 0045]), wherein determining the target breathing pattern is further based on the received manual user input (“generate a target breathing waveform … default breathing waveform … exercising … breathing frequency”, para. [0022-0023]).
Regarding claim 7, Wu, as modified by Niehaus hereinabove, discloses the method of claim 1, further comprising: receiving contextual information indicating a context in which the user is performing the current exercise (“actual environment status”, para. [0040]), wherein determining the target breathing pattern is further based on the received contextual information (“target breathing waveform according to the instant physiological status information 11 and a pre-stored default breathing waveform”; “generates the default breathing waveform … according to … 21 … 11”, para. [0022, 0040]).
Regarding claim 13, Wu, as modified by Niehaus hereinabove, discloses the method of claim 1, further comprising: determining a first extent of body movements by the user attributed to the determined current exercise apart from breathing (“physiological status information … body movement information … gravity sensor … direction and a distance of body movement … watch-like contacting device”, para. [0017-0018, 0021-0022]), wherein the current breathing pattern of the user is associated with a second extent of body movement by the user attributed to breathing and distinct from the first extent of body movements (“radar wave transceiver module …body portions that displace according to the breathing … distance of expansion and contraction of the chest and the stomach”, para. [0033]).
Regarding claim 14, Wu, as modified by Niehaus hereinabove, discloses the method of claim 1, wherein the current breathing pattern of the user includes at least one of a rate, rhythm, or quality of respiratory movement (“strength of the breathing sound … a breathing depth, a breathing frequency”, para. [0033-0035]).
Regarding claim 15, Wu, as modified by Niehaus hereinabove, discloses the method of claim 1, wherein providing information to the user regarding the determined differences includes notifying the user through at least one of a visual, audible, or haptic alert (“14 … light generation device”; “14 … sound generati0n device”; “breathing condition … display module”, para. [0025-0026, 0028, 0036]).
Regarding claim 17, Wu discloses a user equipment (UE) (breathing guidance system 1, fig. 1), comprising: a user interface (“smartphone or a tablet PC”, para. [0022]); and a processor coupled to the user interface (processing device 12, para. [0022]) and configured with processor-executable instructions (“smartphone”; breathing guidance method 300, fig. 3, para. [0022, 0044]) to: receive a sensor input from an exercise sensor (“gravity sensor”, para. [0017-0018, 0021], fig. 1); determine a current exercise performed by a user (“instant physiological status information 11 … body movement … direction and a distance of the body movement”, para. [0017-0018], step 302, fig. 3) based on the received sensor input (“instant physiological status information 11”, para. [0017-0018, 0021]); determine a target breathing pattern appropriate for the current exercise performed by the user (“generate a target breathing waveform … default breathing waveform … exercising … breathing frequency”, para. [0022-0024], step 306, fig. 3); monitor a current breathing pattern (“instant breathing status information 17 … breathing frequency”, para. [0033-0035, 0051]) of the user while performing the current exercise based on inputs from a respiratory sensor (instant breathing detection module 16, para. [0033-0034, 0051], fig. 1) (step 307, fig. 3, para. [0051]); determine differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user (“breathing waveform difference”, para. [0037, 0052-0053], step 308, fig. 3); and provide information to the user through the user interface regarding determined differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user (“breathing indication device 14 generates a breathing indication signal 15”; “breathing condition indication signal 19 … displayed”, para. [0025-0029, 0031, 0036], steps 310-311, fig. 3).
Wu further discloses that the physiological status detection device 10 can be such as, but not limited to a gravity sensor, an oxygen saturation measuring device or a heartbeat rate measuring device (para. [0017]).
Wu does not disclose determining a type of current exercise performed by a user based on the received sensor input.
However, Niehaus directed to automatic detection and quantification of user activities such and tracking of an exercise performed by a user (para. [0002, 0033]) discloses an exercise sensor (“sensors … inertial sensor(s) (e.g., accelerometer(s) and gyroscope(s))”; “gravity sensors”, para. [0033-0034, 0052, 109]) and determining a type of current exercise performed by the user based on the received sensor input (“motion signature … sensors … identify the type of exercise that the user has started based on comparing the output of the sensors … provide … activity metrics specific to the identified type of exercise”; “activity identifier 194 may use the peaks extracted from the motion signature … determine the activity … walking, running, biking”, para. [0033-0034, 0052]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu such that the processor is further configured to determine a type of current exercise performed by the user based on the received sensor input, in view of the teachings of Niehaus, as this would aid in providing activity metrics indicative of the user’s performance with respect to the specific type of exercise identified from the output of the sensors (para. [0006, 0034]).
Regarding claim 18, Wu, as modified by Niehaus hereinabove, discloses the UE of claim 17, wherein the processor is further configured with processor-executable instructions (“smartphone”; breathing guidance method 300, fig. 3, para. [0022, 0044]) to: receive information regarding user body movements from the exercise sensor (“gravity sensor … body movement information”, para. [0017-0018, 0021], fig. 1); and determine the type of the current exercise based on the sensor input received from the exercise sensor (“instant physiological status information 11”, para. [0017-0018, 0021] & Niehaus, para. [0033-0034, 0052]).
Regarding claim 21, Wu, as modified by Niehaus hereinabove, discloses the UE of claim 17, wherein the processor is further configured with processor-executable instructions (“smartphone”; breathing guidance method 300, fig. 3, para. [0022, 0044]) to: receive a manual user input regarding at least one of the current exercise or the target breathing pattern (“default breathing waveform … exercising … options … user to select … selection command … generate the default breathing waveform”, para. [0022, 0045]); and determine the target breathing pattern further based on the received manual user input (“generate a target breathing waveform … default breathing waveform … exercising … breathing frequency”, para. [0022-0023]).
Regarding claim 22, Wu, as modified by Niehaus hereinabove, discloses the UE of claim 17, wherein the processor is further configured with processor-executable instructions (“smartphone”; breathing guidance method 300, fig. 3, para. [0022, 0044]) to: receive contextual information indicating a context in which the user is performing the current exercise (“actual environment status”, para. [0040]); and determine the target breathing pattern further based on the received contextual information (“target breathing waveform according to the instant physiological status information 11 and a pre-stored default breathing waveform”; “generates the default breathing waveform … according to … 21 … 11”, para. [0022, 0040]).
Regarding claim 25, Wu, as modified by Niehaus hereinabove, discloses the UE of claim 17, wherein the processor is further configured with processor-executable instructions (“smartphone”; breathing guidance method 300, fig. 3, para. [0022, 0044]) to: determine a first extent of body movements by the user attributed to the determined current exercise apart from breathing (“physiological status information … body movement information … gravity sensor … direction and a distance of body movement … watch-like contacting device”, para. [0017-0018, 0021-0022]), wherein the current breathing pattern of the user is associated with a second extent of body movement by the user attributed to breathing and distinct from the first extent of body movements (“radar wave transceiver module …body portions that displace according to the breathing … distance of expansion and contraction of the chest and the stomach”, para. [0033]).
Regarding claim 30, Wu discloses a user equipment (breathing guidance system 1, para. [0016]), comprising: means for receiving a sensor input from an exercise sensor (“gravity sensor”, para. [0017-0018, 0021], fig. 1); means for determining a current exercise performed by a user (processing device 12; “instant physiological status information 11 … body movement … direction and a distance of the body movement”, para. [0016-0018], step 302, fig. 3) based on the received sensor input (“instant physiological status information 11”, para. [0017-0018, 0021]); means for determining a target breathing pattern appropriate for the current exercise performed by the user (“ processing device 12 … generate a target breathing waveform … default breathing waveform … exercising … breathing frequency”, para. [0022-0024], step 306, fig. 3); means for monitoring a current breathing pattern (“instant breathing status information 17 … breathing frequency … processing device 12”, para. [0033-0035, 0051]) of the user while performing the current exercise based on inputs from a respiratory sensor (instant breathing detection module 16, para. [0033-0034, 0051], fig. 1) (step 307, fig. 3, para. [0051]); means for determining differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user (“processing device 12 … breathing waveform difference”, para. [0037, 0052-0053], step 308, fig. 3); and means for providing information to the user regarding determined differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user (“breathing indication device 14 generates a breathing indication signal 15”; “speaker”; “breathing condition indication signal 19 … displayed”, para. [0025-0029, 0031, 0036], steps 310-311, fig. 3).
Wu does not disclose means for determining a type of current exercise performed by the user based on the received sensor input.
However, Niehaus directed to automatic detection and quantification of user activities such and tracking of an exercise performed by a user (para. [0002, 0033]) discloses an exercise sensor (“sensors … inertial sensor(s) (e.g., accelerometer(s) and gyroscope(s))”; “gravity sensors”, para. [0033-0034, 0052, 109]) and means for determining a type of current exercise performed by the user based on the received sensor input (“motion signature … sensors … identify the type of exercise that the user has started based on comparing the output of the sensors … provide … activity metrics specific to the identified type of exercise”; “activity identifier 194 may use the peaks extracted from the motion signature … determine the activity … walking, running, biking”, para. [0033-0034, 0052]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu such that the user equipment further comprises a means for determining a type of current exercise performed by the user based on the received sensor input, in view of the teachings of Niehaus, as this would aid in providing activity metrics indicative of the user’s performance with respect to the specific type of exercise identified from the output of the sensors (para. [0006, 0034]).
Claims 4, 16, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view Niehaus, as applied to claims 1 and 17, and further in view of Jayalth (US 20140135593 A1).
Regarding claim 4, Wu, as modified by Niehaus hereinabove, discloses the method of claim 1. Wu, as modified by Niehaus hereinabove, does not disclose wherein the exercise sensor is associated with exercise equipment used by the user to perform the current exercise.
However, Jayalth having to a form-fitting sensor garment 102 and an equipment detector (ED) 116 for obtaining information from exercise equipment communicating device 110 (fig. 1A) discloses receiving a sensor input from an exercise sensor (equipment detector 116 & exercise equipment communicating device 110, fig. 1A) providing exercise information regarding the current exercise (“information regarding the exercise equipment … or types of exercises”; “system schema”, para. [0053, 0056-0057]), wherein the exercise sensor is associated with exercise equipment used by the user to perform the current exercise (as seen in fig. 1A, para. [0053, 0056-0057]). Jayalth further discloses that a system schema (combination of workout and/or exercise parameters) associated with a particular exercise may be automatically obtained in a user-friendly manner (e.g., wirelessly) without requiring data entry by the human subject (para. [0056-0057]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu, as modified by Niehaus hereinabove, such that the exercise sensor is associated with exercise equipment used by the user to perform the current exercise, in view of the teachings of Jayalth, as this would aid in automatically obtaining a system schema (combination of workout and/or exercise parameters) associated with a particular exercise in a user-friendly manner.
Regarding claim 16, Wu, as modified by Niehaus hereinabove, discloses the method of claim 1, wherein the information regarding the determined differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user is provided to the user through feedback (“breathing indication device 14 generates a breathing indication signal 15”; “breathing condition indication signal 19 … displayed”, para. [0025-0029, 0031, 0036], steps 310-311, fig. 3).
Wu, as modified by Niehaus hereinabove, does not expressly disclose wherein the current exercise is determined based on exercise equipment used by the user and the information regarding the determined differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user is provided to the user through feedback from the exercise equipment.
However, Jayalth having to a form-fitting sensor garment 102 and an equipment detector (ED) 116 for obtaining information from exercise equipment communicating device 110 (fig. 1A) discloses wherein the current exercise is determined based on exercise equipment used by the user (“exercise equipment communicating devices 110 may be read by equipment detector 116 … information … types of exercises”, para. [0053, 0057-0058]) and information is provided to the user through feedback from the exercise equipment (“biopotential sensors … respiration”; “provided as instant feedback to the user and/or to adjust the exercise the equipment (e.g., in real time) to optimize the exercise session … sensors provide information”, para. [0029, 0038, 0109]). Jayalth further discloses that the use of different types of sensors together (e.g., … respiration …) to monitor a human subject performance on a particular exercise routine greatly improves the accuracy and richness of the performance data acquired as well as improving the type of analysis and/or recommendation/coaching that can be provided (para. [0109]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu, as modified by Niehaus hereinabove, such that the current exercise is determined based on exercise equipment used by the user and the current breathing pattern of the user is provided to the user through feedback from the exercise equipment, in view of the teachings of Jayalth, as this would aid in determining the type of exercise that may be performed based on the equipment detector and providing instant feedback to the user and/or adjusting the exercise equipment to improve the accuracy and richness of the performance data acquired as well as improving the type of analysis and/or recommendation/coaching (Jayalth, para. [0109]).
Regarding claim 19, Wu, as modified by Niehaus hereinabove, discloses the UE of claim 17. Wu, as modified by Niehaus hereinabove, does not expressly disclose wherein the exercise sensor is associated with exercise equipment used by the user to perform the current exercise.
However, Jayalth having to a form-fitting sensor garment 102 and an equipment detector (ED) 116 for obtaining information from exercise equipment communicating device 110 (fig. 1A) discloses wherein the processor is further configured with processor-executable instructions (para. [0052]) to: receive a sensor input from an exercise sensor (equipment detector 116 & exercise equipment communicating device 110, fig. 1A) providing exercise information regarding the current exercise (“information regarding the exercise equipment … or types of exercises”; “system schema”, para. [0053, 0056-0057]), wherein the exercise sensor is associated with exercise equipment used by the user to perform the current exercise (as seen in fig. 1A, para. [0053, 0056-0057]). Jayalth further discloses that a system schema (combination of workout and/or exercise parameters) associated with a particular exercise may be automatically obtained in a user-friendly manner (e.g., wirelessly) without requiring data entry by the human subject (para. [0056-0057]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu, as modified by Niehaus hereinabove, such that the exercise sensor is associated with exercise equipment used by the user to perform the current exercise, in view of the teachings of Jayalth, as this would aid in automatically obtaining a system schema (combination of workout and/or exercise parameters) associated with a particular exercise in a user-friendly manner.
Claims 5 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Niehaus, as applied to claims 1 and 20, and further in view of Bullens (US 20080161657 A1).
Regarding claim 5, Wu, as modified by Niehaus hereinabove, discloses the method of claim 1. Wu, as modified by Niehaus hereinabove, does not disclose the method further comprising receiving user body movement information from the exercise sensor indicating which of a first and a second part of the current exercise the user is currently performing, wherein: the target breathing pattern includes a first breathing pattern associated with the first part of the current exercise and a second breathing pattern different from the first breathing pattern and associated with the second part of the current exercise; determining differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user comprises determining differences between the target breathing pattern appropriate for the first and second parts of the current exercise and the current breathing pattern of the user during the first and second parts of the current exercise; and providing information to the user includes providing information to the user regarding differences between the target breathing pattern appropriate for the first and second parts of the current exercise and the current breathing pattern of the user during the first and second parts of the current exercise.
However, Bullens directed to a device and method for automatically setting a threshold for detecting a physiological event discloses receiving user body movement information from the exercise sensor (sensors 70, fig. 2) indicating which of a first and a second part of the current exercise the user is currently performing (“sensors 70 include an activity sensor for monitoring the physical activity of the patient”; “activity signal will immediately …resting state … active state”, para. [0021, 0030-0032]), wherein: the target breathing pattern (normal respiration rate response template 325, para. [0036]) includes a first breathing pattern associated with the first part of the current exercise (“respiration rate at a first activity level 315 … lower activity level … walking”, para. [0036], fig. 4) and a second breathing pattern different from the first breathing pattern and associated with the second part of the current exercise (“respiration rate at … second activity level 320 … higher activity level … jogging or cycling … substantially different”, para. [0036], fig. 4); determining differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user (as seen in fig. 4) comprises determining differences between the target breathing pattern appropriate for the first and second parts of the current exercise and the current breathing pattern of the user during the first and second parts of the current exercise (“detection of a deviation from the normal respiration rate response template 325 … increase in the respiration response … falls outside a predetermined range 335”; “measured respiration rate is determined to deviate from the stored template”, para. [0036-0038, 0041-0043], as seen in figs. 4-5); and providing information to the user includes providing information to the user regarding differences between the target breathing pattern appropriate for the first and second parts of the current exercise and the current breathing pattern of the user during the first and second parts of the current exercise (“physiological events or changes in monitored physiological conditions may be defined as triggering conditions for a patient alarm to be generated by IMD 10”; “thresholds … triggering a patient alarm”, para. [0020, 0023]). Bullens further discloses that the respiration rate response to an increase in activity level is used in setting a thoracic impedance measurement threshold for detecting a worsening pulmonary edema condition, that the deviation from this normal response may correspond to abnormal breathing associated with heart failure, and that the increase in the respiration rate response to activity may reflect shortness of breath due to increased thoracic congestion (para. [0021, 0035-0037]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu, as modified by Niehaus hereinabove, such that the method further comprises receiving user body movement information from the exercise sensor indicating which of a first and a second part of the current exercise the user is currently performing, wherein: the target breathing pattern includes a first breathing pattern associated with the first part of the current exercise and a second breathing pattern different from the first breathing pattern and associated with the second part of the current exercise; determining differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user comprises determining differences between the target breathing pattern appropriate for the first and second parts of the current exercise and the current breathing pattern of the user during the first and second parts of the current exercise; and providing information to the user includes providing information to the user regarding differences between the target breathing pattern appropriate for the first and second parts of the current exercise and the current breathing pattern of the user during the first and second parts of the current exercise, in view of the teachings of Bullens, in order to detect abnormal breathing and a worsening pulmonary edema condition based on the respiration rate response to exercise.
Regarding claim 20, Wu, as modified by Niehaus hereinabove, discloses the UE of claim 17. Wu, as modified by Niehaus hereinabove, does not expressly disclose wherein: the target breathing pattern for the current exercise includes a first breathing pattern associated with the first part of the current exercise and a second breathing pattern different from the first breathing pattern and associated with the second part of the current exercise; and the processor is further configured with processor-executable instructions to: receive user body movement information from the exercise sensor indicating which of the first or second part of the current exercise the user is performing; determine differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user by determining differences between the target breathing pattern appropriate for the first and second parts of the current exercise and the current breathing pattern of the user during the first and second parts of the current exercise; and provide information to the user through the user interface regarding determined differences between the target breathing pattern appropriate for the first and second parts of the current exercise and the current breathing pattern of the user during the first and second parts of the current exercise.
However, Bullens discloses wherein: the target breathing pattern for the current exercise (normal respiration rate response template 325, para. [0036], as see in fig. 4) includes a first breathing pattern associated with the first part of the current exercise (“respiration rate at a first activity level 315 … lower activity level … walking”, para. [0036], fig. 4) and a second breathing pattern different from the first breathing pattern and associated with the second part of the current exercise (“respiration rate at … second activity level 320 … higher activity level … jogging or cycling … substantially different”, para. [0036], fig. 4); and the processor is further configured with processor-executable instructions (microprocessor 54 and signal processor 60, fig. 2, para. [0028]) to: receive user body movement information from the exercise sensor (sensors 70, fig. 2) indicating which of the first or second part of the current exercise the user is performing (“sensors 70 include an activity sensor for monitoring the physical activity of the patient”; “activity signal will immediately …resting state … active state”, para. [0021, 0030-0032]); determine differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user (as seen in fig. 4) by determining differences between the target breathing pattern appropriate for the first and second parts of the current exercise and the current breathing pattern of the user during the first and second parts of the current exercise (“detection of a deviation from the normal respiration rate response template 325 … increase in the respiration response … falls outside a predetermined range 335”; “measured respiration rate is determined to deviate from the stored template”, para. [0036-0038, 0041-0043], as seen in figs. 4-5); and provide information to the user through the user interface regarding determined differences between the target breathing pattern appropriate for the first and second parts of the current exercise and the current breathing pattern of the user during the first and second parts of the current exercise (“physiological events or changes in monitored physiological conditions may be defined as triggering conditions for a patient alarm to be generated by IMD 10”; “thresholds … triggering a patient alarm”, para. [0020, 0023]). Bullens further discloses that the respiration rate response to an increase in activity level is used in setting a thoracic impedance measurement threshold for detecting a worsening pulmonary edema condition, that the deviation from this normal response may correspond to abnormal breathing associated with heart failure, and that the increase in the respiration rate response to activity may reflect shortness of breath due to increased thoracic congestion (para. [0021, 0035-0037]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu, as modified by Niehaus hereinabove, such that the target breathing pattern for the current exercise includes a first breathing pattern associated with the first part of the current exercise and a second breathing pattern different from the first breathing pattern and associated with the second part of the current exercise; and the processor is further configured with processor-executable instructions to: receive user body movement information from the exercise sensor indicating which of the first or second part of the current exercise the user is performing; determine differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user by determining differences between the target breathing pattern appropriate for the first and second parts of the current exercise and the current breathing pattern of the user during the first and second parts of the current exercise; and provide information to the user through the user interface regarding determined differences between the target breathing pattern appropriate for the first and second parts of the current exercise and the current breathing pattern of the user during the first and second parts of the current exercise, in view of the teachings of Bullens, in order to detect abnormal breathing and a worsening pulmonary edema condition based on the respiration rate response to exercise.
Claims 8-9 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Niehaus, as applied to claims 1 and 17, and further in view of Iliffe-Moon (US 20210257080 A1).
Regarding claim 8, Wu, as modified by Niehaus hereinabove, discloses the method of claim 1. Wu does not expressly disclose wherein the target breathing pattern is based on at least one of a user’s body type, health goals, or experience level performing the current exercise.
However, Iliffe-Moon directed to system and method for entrainment of a user based on bio rhythm of the user discloses wherein the target breathing pattern is based on at least one of a user’s body type, health goals, or experience level performing the current exercise (“bio-rhythm … targets … based on experience or aspirational goals of the user … numerical value for a bio-rhythm (e.g. a breathing rate) or choose a mode or level (e.g. relaxation or meditation level) or type of experience, for example via a graphical user interface”; “sets an entraining target”, para. [0040-0042, 0058-0061]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu, as modified by Niehaus hereinabove, such that the target breathing pattern is based on at least one of a user’s body type, health goals, or experience level performing the current exercise, in view of the teachings of Iliffe-Moon, in order to set an entraining target bio rhythm/breathing rate based on the user’s experience or aspirational goals.
Regarding claim 9, Wu, as modified by Niehaus hereinabove, discloses the method of claim 1, and determining a target breathing pattern for the user to achieve in response to the current breathing pattern exceeding a normal breathing pattern threshold (“breathing waveform difference is not smaller than the threshold … target breathing waveform is generated”, para. [0052-0053]). Wu, as modified by Niehaus hereinabove, does not disclose the method further comprising determining another target breathing pattern for the user to achieve in response to the current breathing pattern exceeding a normal breathing pattern threshold; and providing additional information to the user regarding the other target breathing pattern. However, Iliffe-Moon directed to system and method for entrainment of a user based on bio rhythm of the user discloses determining another target breathing pattern for the user to achieve in response to the user successfully reaching each incremental/decremental entraining target (“entraining target … breathing rate … reduced or increased progressively”; “target breathing rate … progressively updated or changed according to the actual breathing rate”, para. [0025, 0032, 0077, 0086]); and providing additional information to the user regarding the other target breathing pattern (“provide bio-feedback 160”; “feedback on the status of the … difference”, para. [0032, 068, 0075-0077, 0086]). Iliffe-Moon further discloses that bio-feedback 160 functions as a feedback loop to adapt the entraining rhythm and the entrainment experience and breathing exercises may then be conducted where the breathing rate is altered dynamically for exercise training and/or provide variations to maintain user engagement, interest and/or prevent fatigue (para. [0075, 0086]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu, as modified by Niehaus hereinabove, such that the method further comprises determining another target breathing pattern for the user to achieve in response to the current breathing pattern exceeding a normal breathing pattern threshold; and providing additional information to the user regarding the other target breathing pattern, in view of the teachings of Iliffe-Moon, as this would aid in adapting the entraining rhythm and the entrainment experience in order to dynamically alter the breathing rate for exercise training and/or provide variations to maintain user engagement, interest and/or prevent fatigue.
Regarding claim 23, Wu, as modified by Niehaus hereinabove, discloses the UE of claim 17, and wherein the processor is further configured with processor-executable instructions to: determine a target breathing pattern for the user to achieve in response to the current breathing pattern exceeding a normal breathing pattern threshold (“breathing waveform difference is not smaller than the threshold … target breathing waveform is generated”, para. [0052-0053]). Wu, as modified by Niehaus hereinabove, does not expressly disclose wherein the processor is further configured with processor-executable instructions to: determine another target breathing pattern for the user to achieve in response to the current breathing pattern exceeding a normal breathing pattern threshold; and provide additional information to the user regarding the other target breathing pattern.
However, Iliffe-Moon directed to system and method for entrainment of a user based on bio rhythm of the user discloses wherein the processor is further configured with processor-executable instructions (para. [0118]) to: determine another target breathing pattern for the user to achieve in response to the user successfully reaching each incremental/decremental entraining target (“entraining target … breathing rate … reduced or increased progressively”; “target breathing rate … progressively updated or changed according to the actual breathing rate”, para. [0025, 0032, 0077, 0086]); and provide additional information to the user regarding the other target breathing pattern (“provide bio-feedback 160”; “feedback on the status of the … difference”, para. [0032, 068, 0075-0077, 0086]). Iliffe-Moon further discloses that bio-feedback 160 functions as a feedback loop to adapt the entraining rhythm and the entrainment experience and breathing exercises may then be conducted where the breathing rate is altered dynamically for exercise training and/or provide variations to maintain user engagement, interest and/or prevent fatigue (para. [0075, 0086]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu, as modified by Niehaus hereinabove, such that the processor is further configured with processor-executable instructions to: determine another target breathing pattern for the user to achieve in response to the current breathing pattern exceeding a normal breathing pattern threshold; and provide additional information to the user regarding the other target breathing pattern, in view of the teachings of Iliffe-Moon, as this would aid in adapting the entraining rhythm and the entrainment experience in order to dynamically alter the breathing rate for exercise training and/or provide variations to maintain user engagement, interest and/or prevent fatigue.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Niehaus, as applied to claim 1 above, and further in view of Cronin (US 20180078181 A1).
Regarding claim 10, Wu, as modified by Niehaus hereinabove, discloses the method of claim 1. Wu, as modified by Niehaus hereinabove, does not disclose the method further comprising: activating the respiratory sensor, configured to monitor the current breathing pattern of the user while performing the current exercise, in response to determining the current exercise is being performed by the user.
However, Cronin directed to a health wearable device having a microphone to measure respiratory rate and an accelerometer to measure exercise (para. [0042, 0074]) discloses activating the respiratory sensor, configured to monitor the current breathing pattern of the user while performing the current exercise (“sensors 110 … measuring … respiratory rate”, para. [0042]), in response to determining the current exercise is being performed by the user (“user priority setting list … determining which sensors should remain on during the activity … during activity … turn on temperature sensor and respiratory rate to detect over exertion or adjust exercise coaching advice”, para. [0074]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu, as modified by Niehaus hereinabove, such that the method further comprises activating the respiratory sensor, configured to monitor the current breathing pattern of the user while performing the current exercise, in response to determining the current exercise is being performed by the user, in view of the teachings of Cronin, as this would aid in of detecting over exertion during exercise and adjusting exercise coaching advice.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Niehaus, as applied to claim 1 above, and further in view of Sels (US 20190029563 A1).
Regarding claim 11, Wu, as modified by Niehaus hereinabove, discloses the method of claim 1. Wu, as modified by Niehaus hereinabove, does not expressly disclose wherein determining differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user comprises comparing the current breathing pattern of the user to at least one of a previously determined respiratory rate, rhythm, or quality of the user when the user performed the current exercise.
However, Sels directed to methods and apparatus for detecting breathing patterns and gathering breathing data while the user is performing one or more activities (para. [0001, 0013]) discloses wherein determining differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user (“determine … the breathing pattern data 126 satisfies a threshold … breathing rate”, para. [0054]) comprises comparing the current breathing pattern of the user to at least one of a previously determined respiratory rate, rhythm, or quality of the user when the user performed the current exercise (“breathing rate … change detected in the breathing pattern data 126 … relative to historical breathing pattern data stored in the database 300 (e.g., more than a threshold increase in breathing rate over time)”, para. [0054]). Sels further discloses breathing data is processed in substantially real-time to provide the user with notifications during user activities and the alert(s) include warnings about potential health conditions detected based on the breathing data (para. [0015]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu, as modified by Niehaus hereinabove, such that determining differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user comprises comparing the current breathing pattern of the user to at least one of a previously determined respiratory rate, rhythm, or quality of the user when the user performed the current exercise, in view of the teachings of Sels, as this would aid in detecting changes in the breathing patterns relative to historical breathing patterns and provide the user with notifications/alerts during user activities based on the breathing data.
Regarding claim 12, Wu, as modified by Niehaus hereinabove, discloses the method of claim 1. Wu further discloses that the breathing detection module 16 includes a sound-receiving module to receive a breathing sound of the user 18 (para. [0034]).
Wu, as modified by Niehaus hereinabove, does not disclose activating an additional sensor in response to the current breathing pattern of the user exceeding a normal breathing pattern threshold.
However, Sels directed to methods and apparatus for detecting breathing patterns and gathering breathing data while the user is performing one or more activities (para. [0001, 0013]) discloses activating an additional sensor in response to the current breathing pattern of the user exceeding a normal breathing pattern threshold (“microphone rules(s) 314 … threshold(s) … based on one or more other characteristics of the breathing sounds, such as pattern(s) of the sound(s) … microphone(s) 106, 118 are not “always on” but instead are activated for audio collection only when certain conditions are met”, para. [0060]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu, as modified by Niehaus hereinabove, such that the method further comprises activating an additional sensor in response to the current breathing pattern of the user exceeding a normal breathing pattern threshold, in view of the teachings of Sels, as such a modification would have been merely a substitution of the instant breathing detection module of Wu for the microphones of Sels, and would aid in detect breathing sounds of the user by activating the second microphone in response to microphone rules being met.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Cronin, and further in view of Sels.
Regarding claim 24, Wu, as modified by Niehaus hereinabove, discloses The UE of claim 17. Wu, as modified by Niehaus hereinabove, does not disclose wherein the processor is further configured with processor-executable instructions to: activate the respiratory sensor in response to determining the current exercise is being performed by the user.
However, Cronin directed to a health wearable device having a microphone to measure respiratory rate and an accelerometer to measure exercise (para. [0042, 0074]) discloses wherein the processor is further configured with processor-executable instructions (para. [0014]) to: activate the respiratory sensor in response to determining the current exercise is being performed by the user (“user priority setting list … determining which sensors should remain on during the activity … during activity … turn on temperature sensor and respiratory rate to detect over exertion or adjust exercise coaching advice”, para. [0074]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu, as modified by Niehaus hereinabove, such that the processor is further configured with processor-executable instructions to: activate the respiratory sensor in response to determining the current exercise is being performed by the user, in view of the teachings of Cronin, as this would aid in detecting over exertion during exercise and adjusting exercise coaching advice.
Wu further discloses that the breathing detection module 16 includes a sound-receiving module to receive a breathing sound of the user 18 (para. [0034]).
Wu, as modified by Niehaus and Cronin hereinabove, does not disclose wherein the processor is further configured with processor-executable instructions to: activate an additional sensor in response to the current breathing pattern of the user exceeding a normal breathing pattern threshold.
However, Sels directed to methods and apparatus for detecting breathing patterns and gathering breathing data while the user is performing one or more activities (para. [0001, 0013]) discloses wherein the processor is further configured with processor-executable instructions (“microphone manager 312 … programmable processor(s)” para. [0062]) to: activate an additional sensor in response to the current breathing pattern of the user exceeding a normal breathing pattern threshold (“microphone rules(s) 314 … threshold(s) … based on one or more other characteristics of the breathing sounds, such as pattern(s) of the sound(s) … microphone(s) 106, 118 are not “always on” but instead are activated for audio collection only when certain conditions are met”, para. [0060]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu, as modified by Niehaus and Cronin hereinabove, such that the processor is further configured with processor-executable instructions to: activate an additional sensor in response to the current breathing pattern of the user exceeding a normal breathing pattern threshold, in view of the teachings of Sels, as such a modification would have been merely a substitution of the instant breathing detection module of Wu for the microphones of Sels, and would aid in detect breathing sounds of the user by activating the second microphone in response to microphone rules being met.
Claims 26-27 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Wu in view of Lu (US 20170086730 A1), and further in view of Niehaus.
Regarding claim 26, Wu discloses a processor (processing device 12, fig. 1) of a user equipment (UE) (breathing guidance system 1, fig. 1) to provide information regarding breathing patterns of a user during exercise by performing operations (Abstract) comprising: receiving a sensor input from an exercise sensor (“gravity sensor”, para. [0017-0018, 0021], fig. 1); determining a current exercise performed by the user (“instant physiological status information 11 … body movement … direction and a distance of the body movement”, para. [0017-0018], step 302, fig. 3) based on the received sensor input(“instant physiological status information 11”, para. [0017-0018, 0021]); determining a target breathing pattern appropriate for the current exercise performed by the user (“generate a target breathing waveform … default breathing waveform … exercising … breathing frequency”, para. [0022-0024], step 306, fig. 3); monitoring a current breathing pattern (“instant breathing status information 17 … breathing frequency”, para. [0033-0035, 0051]) of the user while performing the current exercise based on inputs from a respiratory sensor (instant breathing detection module 16, para. [0033-0034, 0051], fig. 1) (step 307, fig. 3, para. [0051]); determining differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user (“breathing waveform difference”, para. [0037, 0052-0053], step 308, fig. 3); and providing information to the user regarding determined differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user (“breathing indication device 14 generates a breathing indication signal 15”; “breathing condition indication signal 19 … displayed”, para. [0025-0029, 0031, 0036], steps 310-311, fig. 3).
Wu does not expressly disclose a non-transitory processor-readable medium having stored thereon processor-executable instructions configured to cause a processor of a user equipment (UE) to provide information regarding breathing patterns of a user during exercise by performing operations.
However, discloses Lu directed to sports training based wearable devices discloses a non-transitory processor-readable medium having stored thereon processor-executable instructions (“machine-readable medium … RAMS … machine-executable instructions”, para. [0050]) configured to cause a processor (“processor”; “computer”, para. [0018, 0050]) of a user equipment (UE) (computing device 100 (e.g. wearable device), fig. 2, para. [0016]) to provide information regarding breathing patterns of a user during exercise (fig. 4, “assists in achieving an optimal breathing during a user workout by coordinating body movement”, para. [0014, 0034]) by performing operations (process 400, fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu to further comprise a non-transitory processor-readable medium having stored thereon processor-executable instructions configured to cause a processor of a user equipment (UE) to provide information regarding breathing patterns of a user during exercise by performing operations, in view of the teachings of Lu, as such a modification would have been merely a substitution of the processing device of Wu for the wearable computing device of Lu as this would aid in providing a sports training based wearable device.
Wu, as modified by Lu hereinabove, does not disclose determining a type of current exercise performed by the user based on the received sensor input.
However, Niehaus directed to automatic detection and quantification of user activities such and tracking of an exercise performed by a user (para. [0002, 0033]) discloses an exercise sensor (“sensors … inertial sensor(s) (e.g., accelerometer(s) and gyroscope(s))”; “gravity sensors”, para. [0033-0034, 0052, 109]) and determining a type of current exercise performed by the user based on the received sensor input (“motion signature … sensors … identify the type of exercise that the user has started based on comparing the output of the sensors … provide … activity metrics specific to the identified type of exercise”; “activity identifier 194 may use the peaks extracted from the motion signature … determine the activity … walking, running, biking”, para. [0033-0034, 0052]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu, as modified by Lu hereinabove, such that the operations further comprise determining a type of current exercise performed by the user based on the received sensor input, in view of the teachings of Niehaus, as this would aid in providing activity metrics indicative of the user’s performance with respect to the specific type of exercise identified from the output of the sensors (para. [0006, 0034]).
Regarding claim 27, Wu, as modified by Lu and Niehaus hereinabove, discloses the non-transitory processor-readable medium of claim 26, wherein the sensor input provides information regarding user body movements (“gravity sensor … body movement information”, para. [0017-0018, 0021]), wherein determining the type of the current exercise is based on the received sensor input from the exercise sensor (“instant physiological status information 11”, para. [0017-0018, 0021] & Niehaus, para. [0033-0034, 0052]).
Regarding claim 29, Wu, as modified by Lu and Niehaus hereinabove, discloses the non-transitory processor-readable medium of claim 26, wherein the stored processor-executable instructions are configured to cause a processor of the UE to perform operations further comprising: receiving contextual information indicating a context in which the user is performing the current exercise (“actual environment status”, para. [0040]); and determine the target breathing pattern further based on the received contextual information (“target breathing waveform according to the instant physiological status information 11 and a pre-stored default breathing waveform”; “generates the default breathing waveform … according to … 21 … 11”, para. [0022, 0040]).
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Wu in view Lu and Niehaus, as applied to claim 26 above, and further in view of Bullens.
Regarding claim 28, Wu, as modified by Lu and Niehaus hereinabove, discloses the non-transitory processor-readable medium of claim 26. Wu, as modified by Lu and Niehaus hereinabove, does not disclose wherein: the stored processor-executable instructions are configured to cause a processor of the UE to perform operations further comprising receiving user body movement information from the exercise sensor indicating which of a first and a second part of the current exercise the user is currently performing; and the stored processor-executable instructions are configured to cause a processor of the UE to perform operations such that: the target breathing pattern includes a first breathing pattern associated with the first part of the current exercise and a second breathing pattern different from the first breathing pattern and associated with the second part of the current exercise; determining differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user comprises determining differences between the target breathing pattern appropriate for the first and second parts of the current exercise and the current breathing pattern of the user during the first and second parts of the current exercise; and providing information to the user comprises providing information to the user regarding differences between the target breathing pattern appropriate for the first and second parts of the current exercise and the current breathing pattern of the user during the first and second parts of the current exercise.
However, Bullens directed to a device and method for automatically setting a threshold for detecting a physiological event discloses wherein: the stored processor-executable instructions are configured to cause a processor (microprocessor 54 and signal processor 60, fig. 2) of the UE (10, fig. 2) to perform operations (para. [0028]) further comprising receiving user body movement information from the exercise sensor (sensors 70, fig. 2) indicating which of a first and a second part of the current exercise the user is currently performing (“sensors 70 include an activity sensor for monitoring the physical activity of the patient”; “activity signal will immediately …resting state … active state”, para. [0021, 0030-0032]); and the stored processor-executable instructions are configured to cause a processor of the UE to perform operations (para. [0028]) such that: the target breathing pattern (normal respiration rate response template 325, para. [0036], as seen in fig. 4) includes a first breathing pattern associated with the first part of the current exercise (“respiration rate at a first activity level 315 … lower activity level … walking”, para. [0036], fig. 4) and a second breathing pattern different from the first breathing pattern and associated with the second part of the current exercise (“respiration rate at … second activity level 320 … higher activity level … jogging or cycling … substantially different”, para. [0036], fig. 4); determining differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user (as seen in fig. 4) comprises determining differences between the target breathing pattern appropriate for the first and second parts of the current exercise and the current breathing pattern of the user during the first and second parts of the current exercise (“detection of a deviation from the normal respiration rate response template 325 … increase in the respiration response … falls outside a predetermined range 335”; “measured respiration rate is determined to deviate from the stored template”, para. [0036-0038, 0041-0043], as seen in figs. 4-5); and providing information to the user comprises providing information to the user regarding differences between the target breathing pattern appropriate for the first and second parts of the current exercise and the current breathing pattern of the user during the first and second parts of the current exercise (“physiological events or changes in monitored physiological conditions may be defined as triggering conditions for a patient alarm to be generated by IMD 10”; “thresholds … triggering a patient alarm”, para. [0020, 0023]). Bullens further discloses that the respiration rate response to an increase in activity level is used in setting a thoracic impedance measurement threshold for detecting a worsening pulmonary edema condition, that the deviation from this normal response may correspond to abnormal breathing associated with heart failure, and that the increase in the respiration rate response to activity may reflect shortness of breath due to increased thoracic congestion (para. [0021, 0035-0037]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu, as modified by Lu and Niehaus hereinabove, such that the stored processor-executable instructions are configured to cause a processor of the UE to perform operations further comprising receiving user body movement information from the exercise sensor indicating which of a first and a second part of the current exercise the user is currently performing; and the stored processor-executable instructions are configured to cause a processor of the UE to perform operations such that: the target breathing pattern includes a first breathing pattern associated with the first part of the current exercise and a second breathing pattern different from the first breathing pattern and associated with the second part of the current exercise; determining differences between the target breathing pattern appropriate for the current exercise performed by the user and the current breathing pattern of the user comprises determining differences between the target breathing pattern appropriate for the first and second parts of the current exercise and the current breathing pattern of the user during the first and second parts of the current exercise; and providing information to the user comprises providing information to the user regarding differences between the target breathing pattern appropriate for the first and second parts of the current exercise and the current breathing pattern of the user during the first and second parts of the current exercise, in view of the teachings of Bullens, as this would aid in detecting abnormal breathing and a worsening pulmonary edema condition based on the respiration rate response to exercise.
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.
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/A.E.H./Examiner, Art Unit 3791
/AURELIE H TU/Primary Examiner, Art Unit 3791