DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 1, 16, and 19 are objected to because of the following informalities: “a second portion wherein” in line 9 of claim 1 for example, should recite –a second portion, wherein--. Appropriate correction is required.
Claims 1 and 19 are objected to because of the following informalities: “health monitor device positioned” in line 7 of claim 1 for example should recite –health monitor device is positioned—like claim 16. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: “pulse, a blood pressure and a temperature” in lines 3-4 should recite --a pulse, a blood pressure, and a temperature--. Appropriate correction is required.
Claims 1, 2, 4, 7, 14, 16, and 19 are objected to because of the following informalities: “having” is incorrect grammar. Appropriate correction is required.
Claims 10 and 19 are objected to because of the following informalities: “wherein monitored said vital signs are compared to a preset alarm condition” is incorrect grammar. Appropriate correction is required.
Claims 11 and 20 are objected to because of the following informalities: “said monitored said vital signs” should recite –said vital signs—for clarity. Appropriate correction is required.
Claim 12 objected to because of the following informalities: “vital signs further selected” should recite --vital signs are further selected--. Appropriate correction is required.
Claim 15 is objected to because of the following informalities: “further comprising communication mechanism” should recite -- further comprising a communication mechanism--. Appropriate correction is required.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
a plurality of electronic modules in claims 1, 16, and 19;
an attachment mechanism in claims 1, 2, 16, and 19;
a communication mechanism in claim 15; and
wireless module in claims 16 and 19.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
For a plurality of electronic modules in claims 1, 16, and 19, the claims recite “a plurality of electronic modules comprising said plurality of sensors” and “a plurality of sensors for monitoring vital signs selected from a group consisting of a pulse, a blood pressure, and a temperature.” The Examiner is interpreting the plurality of electronic modules to be sensors for measuring a pulse, a blood pressure, and a temperature.
For an attachment mechanism in claims 1, 2, 16, and 19, the specification recites “the first portion 102 are positioned on the adhesive bands 106, 108 to attach to the second portion 104 such that a portion of the strap 302 is overlapped by the device 100” (¶36). Therefore, the Examiner is interpreting the attachment mechanism to be adhesive bands.
For a communication mechanism in claim 15, the specification recites “the instructions stored in the memory 218 enables the processor to perform communication signals through the wireless module 216” (¶34). Therefore, the Examiner is interpreting the communication mechanism to be a processor.
For a wireless module in claims 16 and 19, the specification recites “a wireless module 216 is configured to establish a wireless, preferably Bluetooth channel for coupling the device 100 to a smartwatch thereby enabling the processor 212 of the device 100 to wirelessly transmit the vital and other biosignal information for display and further processing” (¶33). Therefore, the Examiner is interpreting the wireless module to be a Bluetooth channel.
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 § 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 1-20 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, 9, 12, 15, 16, and 19 recite ‘’selected from a group consisting of” and instead should recite –selected from the group consisting of—because initially it remains unclear if it is a closed group or how many groups there could be. See MPEP 2117.
Claims 5-6 recite the limitation "the skin". There is insufficient antecedent basis for this limitation in the claim.
Claims 8-9 and 17-18 recite the limitation "said temperature sensor" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recite the limitation "said processor" in line 16. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-20 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claims 1, 16, and 19 include the limitation of “a health monitor device worn by a user.” As such, the limitation requires that a health monitor device would encompass being in contact with a patient (human organism) under the broadest reasonable interpretation. Applicant should be recommended to change the claimed limitation to --a health monitor device configured to be worn by a user-- in order to overcome this 101 rejection.
Claims 1, 16, and 19 include the limitation of “a strap of the smartwatch to maintain contact with a radial artery of the user.” As such, the limitation requires that a strap of the smartwatch would encompass being in contact with a patient (human organism) under the broadest reasonable interpretation. Applicant should be recommended to change the claimed limitation to --a strap of the smartwatch configured to maintain contact with a radial artery of the user-- in order to overcome this 101 rejection.
Claim 5 includes the limitation of “said first portion touches the skin of the user including the radial artery of the user.” As such, the limitation requires that said first portion would encompass being in contact with a patient (human organism) under the broadest reasonable interpretation. Applicant should be recommended to change the claimed limitation to --said first portion is configured to touch the skin of the user including the radial artery of the user-- in order to overcome this 101 rejection.
Claims 19-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception, specifically an abstract idea.
Step 1
The claimed invention in claims 19-20 are directed to statutory subject matter as the claims recite a multipurpose health monitor device for wirelessly coupling with a smartwatch.
Step 2A, Prong One
Regarding claim 19, the recited steps are directed to a mental process of performing concepts in a human mind or by a human using a pen and paper (see MPEP 2106.04(a)(2) subsection (III)).
Regarding claim 19, the limitations of “wherein monitored said vital signs are compared to a preset alarm condition” is a process, as drafted, covers performance of the limitation that can be performed by a human mind (including an observation, evaluation, judgment, opinion) under the broadest reasonable standard. For example, these limitations are nothing more than a medical professional analyzing print outs of vital signs and comparing them to a preset alarm condition.
Step 2A, Prong Two
For claim 19, the judicial exception is not integrated into a practical application. In particular, claim 19 recites “a health monitor device worn by a user having a plurality of sensors, a battery source, wherein said health monitor device positioned around a strap of the smartwatch to maintain contact with a radial artery of the user, wherein said health monitor device having a first portion and a second portion wherein said first portion and said second portion are releasably attached to one another, wherein said first portion having a plurality of electronic modules comprising said plurality of sensors for monitoring said vital signs, wherein said first portion and said second portion having an attachment mechanism for securing said health monitor device to the strap of the smartwatch, a wireless module, and a processor.” The health monitor device and a plurality of electronic modules comprising said plurality of sensors with the attachment mechanism and positioning around a strap of the smartwatch amount to pre-solution activity of data gathering. The battery source, wireless module, and processor are recited at a high-level of generality and amount to nothing more than parts of a generic computer. Merely including instructions to implement an abstract idea on a computer does not integrate a judicial exception into practical application.
Step 2B
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into
a practical application, the additional elements of the health monitor device and a plurality of electronic modules comprising said plurality of sensors with the attachment mechanism and positioning around a strap of the smartwatch amount to nothing more than mere pre-solution activity of data gathering, which does not amount to an inventive concept. Moreover, the “health monitor device worn by a user having a plurality of sensors, wherein said health monitor device positioned around a strap of the smartwatch to maintain contact with a radial artery of the user, wherein said health monitor device having a first portion and a second portion wherein said first portion and said second portion are releasably attached to one another, wherein said first portion having a plurality of electronic modules comprising said plurality of sensors for monitoring said vital signs, wherein said first portion and said second portion having an attachment mechanism for securing said health monitor device to the strap of the smartwatch” are well-understood, routine, and conventional activity as evidenced by US 20210290120 (¶3; ¶11; ¶203; ¶218), US 20220128951 (¶77-¶79; Fig. 9B), and US 20160287102 (¶4; ¶18; ¶22; ¶24). Further, simply appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, e.g., a claim to an abstract idea requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry, as discussed in Alice Corp., 573 U.S. at 225, 110 USPQ2d at 1984 (see MPEP § 2106.05(d)).
Regarding dependent claim 20, the limitations of claim 19 further define the limitations already indicated as being directed to the abstract idea.
Claim 20 further defines the abstract idea.
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.
Claims 1, 16-17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lurie (US 20170020444 filed on 7/25/16) in view of Magi (US 20150182128 filed on 12/28/13).
Regarding claim 1, Lurie teaches a multipurpose health monitor device for wirelessly coupling with a smartwatch, the multipurpose health monitor device comprising: a health monitor device worn by a user having a plurality of sensors for monitoring vital signs selected from a group consisting of a pulse, a blood pressure and a temperature (¶60-a “smart watch” worn by an individual that communicates with integrated physiological sensors; ¶87-one or more sensors selected from an integrated heart rate sensor, a temperature sensor, a pulse oximetry sensor, a galvanic skin response sensor, a blood pressure sensor); a battery source for independently powering said health monitor device (¶48-a built in battery to power the computing device; ¶50); wherein said vital signs are wirelessly transmitted to a smartwatch (¶23-the smart watch can also be configure to communicate wirelessly; ¶132-the physiological monitoring sensors are wearable and wirelessly communicate with the smart watch; ¶82). However, Lurie does not teach wherein said health monitor device positioned around a strap of the smartwatch to maintain contact with a radial artery of the user; wherein said health monitor device having a first portion and a second portion wherein said first portion and said second portion are releasably attached to one another; wherein said first portion having a plurality of electronic modules comprising said plurality of sensors for monitoring said vital signs; and further wherein said first portion and said second portion having an attachment mechanism for securing said health monitor device to the strap of the smartwatch.
Magi relates to a wearable electronic device for determining user health status (¶1). Magi further teaches the invention using the following steps:
wherein said health monitor device positioned around a strap of the smartwatch to maintain contact with a radial artery of the user (¶21-strap portion 12 includes a sensor array 20 disposed upon a bottom surface thereof; ¶24-sensor array 20 is shown on a bottom surface of strap portion 12 so that it may be in contact with a portion of the skin of the user when wearable electronic device 10 is being worn by the user; Fig. 2); wherein said health monitor device having a first portion and a second portion wherein said first portion and said second portion are releasably attached to one another (¶21-first clasp portion 14a and second clasp portion 14b are configured coupled together to allow wearable electronic device 10 to be worn around a wrist of a user; ¶51; Fig. 1A; Fig. 2); wherein said first portion having a plurality of electronic modules comprising said plurality of sensors for monitoring said vital signs (¶21-strap portion 12 includes a sensor array 20 disposed upon a bottom surface thereof; ¶26-sensor array 20 to be utilized to measure one or more health parameters and/or biometric parameters; Fig. 2); and further wherein said first portion and said second portion having an attachment mechanism for securing said health monitor device to the strap of the smartwatch (¶21-first clasp portion 14a and second clasp portion 14b are configured coupled together to allow wearable electronic device 10 to be worn around a wrist of a user; ¶51; Fig. 1A; Fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Lurie to include wherein said health monitor device positioned around a strap of the smartwatch to maintain contact with a radial artery of the user; wherein said health monitor device having a first portion and a second portion wherein said first portion and said second portion are releasably attached to one another; wherein said first portion having a plurality of electronic modules comprising said plurality of sensors for monitoring said vital signs; and further wherein said first portion and said second portion having an attachment mechanism for securing said health monitor device to the strap of the smartwatch of Magi in order to improve the accuracy of a determined health parameter (Magi, ¶27).
Regarding claim 16, Lurie teaches a multipurpose health monitor device for wirelessly coupling with a smartwatch, the multipurpose health monitor device comprising: a health monitor device worn by a user having a plurality of sensors for monitoring vital signs selected from a group consisting of a pulse, a blood pressure, and a temperature (¶60-a “smart watch” worn by an individual that communicates with integrated physiological sensors; ¶87-one or more sensors selected from an integrated heart rate sensor, a temperature sensor, a pulse oximetry sensor, a galvanic skin response sensor, a blood pressure sensor); a battery source for independently powering said health monitor device (¶48-a built in battery to power the computing device; ¶50); a battery source for independently powering said health monitor device (¶48-a built in battery to power the computing device; ¶50); wherein said vital signs are wirelessly transmitted to a smartwatch (¶23-the smart watch can also be configure to communicate wirelessly; ¶132-the physiological monitoring sensors are wearable and wirelessly communicate with the smart watch; ¶82); and a wireless module configured to establish a wireless channel for coupling said health monitor device to the smartwatch enabling a processor of said health monitor device to wirelessly transmit said vital signs (¶23-the smart watch can also be configure to communicate wirelessly to the smart tablet, the smart phone, or similar devices that can display readings from the first physiological device, the second physiological device, and the smart watch, which enables users to keep track of blood pressure readings and other vital sign data allowing for self-monitoring). However, Lurie does not teach wherein said health monitor device is positioned around a strap of the smartwatch to maintain contact with a radial artery of the user; wherein said health monitor device having a first portion and a second portion wherein said first portion and said second portion are releasably attached to one another; wherein said first portion having a plurality of electronic modules comprising said plurality of sensors for monitoring said vital signs ; and wherein said first portion and said second portion having an attachment mechanism for securing said health monitor device to the strap of the smartwatch.
Magi teaches wherein said health monitor device is positioned around a strap of the smartwatch to maintain contact with a radial artery of the user (¶21-strap portion 12 includes a sensor array 20 disposed upon a bottom surface thereof; ¶24-sensor array 20 is shown on a bottom surface of strap portion 12 so that it may be in contact with a portion of the skin of the user when wearable electronic device 10 is being worn by the user; Fig. 2); wherein said health monitor device having a first portion and a second portion wherein said first portion and said second portion are releasably attached to one another (¶21-first clasp portion 14a and second clasp portion 14b are configured coupled together to allow wearable electronic device 10 to be worn around a wrist of a user; ¶51; Fig. 1A; Fig. 2); wherein said first portion having a plurality of electronic modules comprising said plurality of sensors for monitoring said vital signs (¶21-strap portion 12 includes a sensor array 20 disposed upon a bottom surface thereof; ¶26-sensor array 20 to be utilized to measure one or more health parameters and/or biometric parameters; Fig. 2); and wherein said first portion and said second portion having an attachment mechanism for securing said health monitor device to the strap of the smartwatch (¶21-first clasp portion 14a and second clasp portion 14b are configured coupled together to allow wearable electronic device 10 to be worn around a wrist of a user; ¶51; Fig. 1A; Fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Lurie to include wherein said health monitor device is positioned around a strap of the smartwatch to maintain contact with a radial artery of the user; wherein said health monitor device having a first portion and a second portion wherein said first portion and said second portion are releasably attached to one another; wherein said first portion having a plurality of electronic modules comprising said plurality of sensors for monitoring said vital signs ; and wherein said first portion and said second portion having an attachment mechanism for securing said health monitor device to the strap of the smartwatch of Magi in order to improve the accuracy of a determined health parameter (Magi, ¶27).
Regarding claim 17, the combination of Lurie and Magi teaches the multipurpose health monitor device of claim 16, wherein said temperature sensor measures skin temperature of the user (Lurie, ¶87-physiological sensors can include one or more sensors selected from an integrated heart rate sensor, a temperature sensor; ¶203).
Regarding claim 19, Lurie teaches a multipurpose health monitor device for wirelessly coupling with a smartwatch, the multipurpose health monitor device comprising: a health monitor device worn by a user having a plurality of sensors for monitoring vital signs selected from a group consisting of a pulse, a blood pressure, and a temperature (¶60-a “smart watch” worn by an individual that communicates with integrated physiological sensors; ¶87-one or more sensors selected from an integrated heart rate sensor, a temperature sensor, a pulse oximetry sensor, a galvanic skin response sensor, a blood pressure sensor); a battery source for independently powering said health monitor device (¶48-a built in battery to power the computing device; ¶50); wherein said vital signs are wirelessly transmitted to a smartwatch (¶23-the smart watch can also be configure to communicate wirelessly; ¶132-the physiological monitoring sensors are wearable and wirelessly communicate with the smart watch; ¶82); a wireless module configured to establish a wireless channel for coupling said health monitor device to the smartwatch enabling said processor of said health monitor device to wirelessly transmit said vital signs (¶23-the smart watch can also be configure to communicate wirelessly to the smart tablet, the smart phone, or similar devices that can display readings from the first physiological device, the second physiological device, and the smart watch, which enables users to keep track of blood pressure readings and other vital sign data allowing for self-monitoring); and further wherein monitored said vital signs are compared to a preset alarm condition (¶4-monitoring a physiological parameter corresponding to the physiological threshold value; and notifying the user with a notification when the user exceeds the physiological threshold value in an event). However, Lurie does not teach wherein said health monitor device positioned around a strap of the smartwatch to maintain contact with a radial artery of the user; wherein said health monitor device having a first portion and a second portion wherein said first portion and said second portion are releasably attached to one another; wherein said first portion having a plurality of electronic modules comprising said plurality of sensors for monitoring said vital signs; wherein said first portion and said second portion having an attachment mechanism for securing said health monitor device to the strap of the smartwatch.
Magi teaches wherein said health monitor device positioned around a strap of the smartwatch to maintain contact with a radial artery of the user (¶21-strap portion 12 includes a sensor array 20 disposed upon a bottom surface thereof; ¶24-sensor array 20 is shown on a bottom surface of strap portion 12 so that it may be in contact with a portion of the skin of the user when wearable electronic device 10 is being worn by the user; Fig. 2); wherein said health monitor device having a first portion and a second portion wherein said first portion and said second portion are releasably attached to one another (¶21-first clasp portion 14a and second clasp portion 14b are configured coupled together to allow wearable electronic device 10 to be worn around a wrist of a user; ¶51; Fig. 1A; Fig. 2); wherein said first portion having a plurality of electronic modules comprising said plurality of sensors for monitoring said vital signs (¶21-strap portion 12 includes a sensor array 20 disposed upon a bottom surface thereof; ¶26-sensor array 20 to be utilized to measure one or more health parameters and/or biometric parameters; Fig. 2); wherein said first portion and said second portion having an attachment mechanism for securing said health monitor device to the strap of the smartwatch (¶21-first clasp portion 14a and second clasp portion 14b are configured coupled together to allow wearable electronic device 10 to be worn around a wrist of a user; ¶51; Fig. 1A; Fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Lurie to include wherein said health monitor device positioned around a strap of the smartwatch to maintain contact with a radial artery of the user; wherein said health monitor device having a first portion and a second portion wherein said first portion and said second portion are releasably attached to one another; wherein said first portion having a plurality of electronic modules comprising said plurality of sensors for monitoring said vital signs; wherein said first portion and said second portion having an attachment mechanism for securing said health monitor device to the strap of the smartwatch of Magi in order to improve the accuracy of a determined health parameter (Magi, ¶27).
Regarding claim 20, the combination of Lurie and Magi teaches the multipurpose health monitor device of claim 19, wherein said health monitor device providing an indication of said preset alarm condition when said monitored said vital signs are above said preset alarm condition (Lurie, ¶4-monitoring a physiological parameter corresponding to the physiological threshold value; and notifying the user with a notification when the user exceeds the physiological threshold value in an event, the notification can be provided through a vibrator, a speaker, or a display screen of the first electronic device or a second network-connected electronic device).
Claims 2-8 are rejected under 35 U.S.C. 103 as being unpatentable over Lurie in view of Magi as applied to claim 1 above, and further in view of Saponas (US 20160287102 filed on 6/25/15).
Regarding claim 2, the combination of Lurie and Magi teaches the multipurpose health monitor device of claim 1. However, the combination of Lurie and Magi does not teach wherein said attachment mechanism having adhesive layers disposed on said second portion for releasable attachment to said first portion and for securing said strap of the smartwatch between said first portion and said second portion.
Saponas teaches wherein said attachment mechanism having adhesive layers disposed on said second portion for releasable attachment to said first portion and for securing said strap of the smartwatch between said first portion and said second portion (¶18-a wrist-wearable device in a watch-like format may place a pressure sensor adjacent to the radial artery; ¶61-pressure transducing pad 705 may then be secured in place with a temporary adhesive. In this example, an adhesive tape 725 adheres the pressure transducing pad in place, but in some examples, the pressure transducing pad may be self-adhering, for example, with an adhesive on the base of the pad, or integrated into a bandage-style form).
Saponas relates to a system for transducing arterial pressure (¶4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Lurie to include wherein said attachment mechanism having adhesive layers disposed on said second portion for releasable attachment to said first portion and for securing said strap of the smartwatch between said first portion and said second portion of Saponas in order to offer a non-invasive means to extract vital cardiovascular parameters, such as heart rate, arterial blood pressure, augmentation index, and pulse wave velocity (Saponas, ¶15).
Regarding claim 3, the combination of Lurie, Magi, and Saponas teaches the multipurpose health monitor device of claim 2, wherein the smartwatch is a wireless blood pressure cuff (Lurie, ¶22-a blood pressure device to take blood pressure measurements. The blood pressure device can be a smart blood pressure device configured to communicate using Wi-Fi, Bluetooth®, and/or a cellular network protocol to transmit blood pressure results to a secure database or directly to another electronic device selected from a smart watch 120, a smart tablet 130, a phone 140, and a second physiological sensor device 150).
Regarding claim 4, the combination of Lurie, Magi, and Saponas teaches the multipurpose health monitor device of claim 2, wherein said vital signs having biophysical parameters (Lurie, ¶203-monitoring a physiological parameter of the user, group consisting of an electroencephalogram (EEG) sensor, electromyography (EMG) sensor, an electrocardiography (ECG) sensor, a heart rate variability (HRV) sensor, a respiratory sinus arrhythmia (RSA) sensor, a respiration sensor, a blood pressure sensor, a temperature sensor, a peripheral saturation of oxygen (SpO2 ) sensor, weight sensor, and a skin conductance/resistance sensor).
Regarding claim 5, the combination of Lurie, Magi, and Saponas teaches the multipurpose health monitor device of claim 4, wherein said first portion touches the skin of the user including the radial artery of the user for measuring said vital signs (Magi, ¶21-strap portion 12 includes a sensor array 20 disposed upon a bottom surface thereof; ¶24-sensor array 20 is shown on a bottom surface of strap portion 12 so that it may be in contact with a portion of the skin of the user when wearable electronic device 10 is being worn by the user; Fig. 2) and transmitting said vital signs to the smartwatch (Magi, ¶21-sensor array 20 includes a plurality of skin sensors configured to measure one or more health parameters of a user via contact or proximity of to a skin surface of the user while being worn, a control module 22 having components, circuitry, and/or logic configured to receive the measured one or more health parameters).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Lurie to include wherein said first portion touches the skin of the user including the radial artery of the user for measuring said vital signs and transmitting said vital signs to the smartwatch of Magi in order to improve the accuracy of a determined health parameter (Magi, ¶27).
Regarding claim 6, the combination of Lurie, Magi, and Saponas teaches the multipurpose health monitor device of claim 5, wherein said plurality of sensors positioned on a top surface of said first portion when in a mounted orientation for touching the skin of the user (Magi, ¶21-strap portion 12 includes a sensor array 20 disposed upon a bottom surface thereof; ¶24-sensor array 20 is shown on a bottom surface of strap portion 12 so that it may be in contact with a portion of the skin of the user when wearable electronic device 10 is being worn by the user; Fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Lurie to include wherein said plurality of sensors positioned on a top surface of said first portion when in a mounted orientation for touching the skin of the user of Magi in order to improve the accuracy of a determined health parameter (Magi, ¶27).
Regarding claim 7, the combination of Lurie, Magi, and Saponas teaches the multipurpose health monitor device of claim 6, wherein said first portion and said second portion when attached having a cavity between said first portion and said second portion to secure said strap of the smartwatch therein (Saponas, ¶45-mounting holes 225a and 225b, which may be used to secure the pressure transducer assembly to a housing or other components).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Lurie to include wherein said first portion and said second portion when attached having a cavity between said first portion and said second portion to secure said strap of the smartwatch therein of Saponas in order for the accuracy of measuring pulse pressure wave transduction being dependent on the placement of the transduction componentry relative to the wearer's skin and underlying tissue and vasculature (Saponas, ¶21).
Regarding claim 8, the combination of Lurie, Magi, and Saponas teaches the multipurpose health monitor device of claim 7, wherein said temperature sensor measures skin temperature of the user (Lurie, ¶87-physiological sensors can include one or more sensors selected from an integrated heart rate sensor, a temperature sensor; ¶203).
Claims 9-15 are rejected under 35 U.S.C. 103 as being unpatentable over Lurie in view of Magi and further in view of Saponas as applied to claim 8 above, and further in view of Strasser (US 20210106238 filed on 10/14/20).
Regarding claim 9, the combination of Lurie, Magi, and Saponas teaches the multipurpose health monitor device of claim 8. However, the combination of Lurie, Magi, and Saponas does not teach wherein said temperature sensor is selected from a group consisting of a thermocouple and a thermistor mounted in said first portion of said health monitor device.
Strasser teaches wherein said temperature sensor is selected from a group consisting of a thermocouple and a thermistor mounted in said first portion of said health monitor device (¶154-one or more temperature sensors (through a thermistor or optical radiation-based detectors; ¶149-a skin temperature sensor 414).
Strasser relates generally to the field of disease detection and, more specifically, to stroke detection (¶2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Lurie to include wherein said temperature sensor is selected from a group consisting of a thermocouple and a thermistor mounted in said first portion of said health monitor device of Strasser in order for detecting an anomalous biologic event in a person (Strasser, ¶13).
Regarding claim 10, the combination of Lurie, Magi, Saponas, and Strasser teaches the multipurpose health monitor device of claim 9, wherein monitored said vital signs are compared to a preset alarm condition (Lurie, ¶4-monitoring a physiological parameter corresponding to the physiological threshold value; and notifying the user with a notification when the user exceeds the physiological threshold value in an event).
Regarding claim 11, the combination of Lurie, Magi, Saponas, and Strasser teaches the multipurpose health monitor device of claim 10, wherein said health monitor device providing an indication of said preset alarm condition when said monitored said vital signs are above said preset alarm condition (Lurie, ¶4-monitoring a physiological parameter corresponding to the physiological threshold value; and notifying the user with a notification when the user exceeds the physiological threshold value in an event, the notification can be provided through a vibrator, a speaker, or a display screen of the first electronic device or a second network-connected electronic device).
Regarding claim 12, the combination of Lurie, Magi, Saponas, and Strasser teaches the multipurpose health monitor device of claim 11, wherein said plurality of sensors for monitoring vital signs further selected from a group consisting of an electrocardiogram (ECG) sensor, a photoplethysmography (PPG) sensor, and a Sp02 sensor (Lurie, ¶145-the physiological sensors include electroencephalograms (EEG), electromyography (EMG), electrocardiography (ECG), heart rate variability (HRV), respiratory sinus arrhythmia (RSA), respiration, blood pressure, temperature, peripheral saturation of oxygen (SpO2), weight, and skin conductance/resistance).
Regarding claim 13, the combination of Lurie, Magi, Saponas, and Strasser teaches the multipurpose health monitor device of claim 12, wherein said plurality of sensors further comprising a 3-axis accelerometer for detecting wrist movement of the user for tracking sleep patterns (Strasser, ¶52-accelerometer to track the change of plane and accordingly adjust the movement in three dimensions; ¶178-tremor data may be collected for a number of hours, including wake cycles and sleep cycles. The statistical modeling of a tremor then becomes a signature for each patient. This signature also allows a baseline to be set for each patient. Again, this baseline behavior may be unique to an individual, and even to the ‘awake’ and ‘sleep cycles’ of the individual; ¶194).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Lurie to include wherein said plurality of sensors further comprising a 3-axis accelerometer for detecting wrist movement of the user for tracking sleep patterns of Strasser in order for the best stroke detection including detection when the patient is sleeping (Strasser, ¶181).
Regarding claim 14, the combination of Lurie, Magi, Saponas, and Strasser teaches the multipurpose health monitor device of claim 13, wherein said plurality of sensors further comprising a plurality of micro points having a blood glucose sensor for monitoring a glucose level of the user (Strasser, ¶124-a wearable device for detecting stroke may comprise a wristband or patch with a combination of micro-needles that are configured to measure the fluid sub-dermally or interstitial fluid (e.g., similar to continuous glucose monitors)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Lurie to include wherein said plurality of sensors further comprising a plurality of micro points having a blood glucose sensor for monitoring a glucose level of the user of Strasser in order for detecting a stroke (Strasser, ¶124).
Regarding claim 15, the combination of Lurie, Magi, Saponas, and Strasser teaches the multipurpose health monitor device of claim 14 further comprising communication mechanism for communicating between said plurality of sensors and a processor, wherein said processor is selected from a group consisting of a general purpose processor, a specific-purpose processor, a microprocessor, a microcontroller, a Digital Signal Processor (DSP), an Application Specific Integrated Circuit (ASIC), a Field Programmable Gate Array (FPGA), a Programmable Logic Device (PLD), a controller, a state machine, and a gated logic (Magi, ¶66-embedded logic provided in an application-specific integrated circuit (ASIC), in digital signal processor (DSP) instructions, a field programmable gate array (FPGA)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Lurie to include the communication mechanism for communicating between said plurality of sensors and a processor, wherein said processor is selected from a group consisting of a general purpose processor, a specific-purpose processor, a microprocessor, a microcontroller, a Digital Signal Processor (DSP), an Application Specific Integrated Circuit (ASIC), a Field Programmable Gate Array (FPGA), a Programmable Logic Device (PLD), a controller, a state machine, and a gated logic of Magi in order to execute any type of instructions associated with the data to achieve the operations (Magi, ¶66).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Lurie in view of Magi as applied to claim 17 above, and further in view of Strasser.
Regarding claim 18, the combination of Lurie and Magi teaches the multipurpose health monitor device of claim 17. However, the combination of Lurie and Magi does not teach wherein said temperature sensor is selected from a group consisting of a thermocouple and a thermistor mounted in said first portion of said health monitor device.
Strasser teaches wherein said temperature sensor is selected from a group consisting of a thermocouple and a thermistor mounted in said first portion of said health monitor device (Strasser, ¶154-one or more temperature sensors (through a thermistor or optical radiation-based detectors; ¶149-a skin temperature sensor 414).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Lurie to include wherein said temperature sensor is selected from a group consisting of a thermocouple and a thermistor mounted in said first portion of said health monitor device of Strasser in order for detecting an anomalous biologic event in a person (Strasser, ¶13).
Conclusion
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/L.N.H./Examiner, Art Unit 3792
/UNSU JUNG/Supervisory Patent Examiner, Art Unit 3792