DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1, 3-14, 16-20 are pending.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1, 4-14, 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shapiro et al. [US 20190208363] in view of Lim et al. [US 20170010669].
As to claim 1. Shapiro discloses A method comprising:
acquiring data, [fig. 3, 0157], via a wearable device associated with a user, [fig. 4, 0166] a monitoring device 1, the data comprising temperature data, [0161], acceleration data, [0159], photoplethysmogram (PPG) data, or any combination thereof;
determining a signal strength associated with a wireless connection between the wearable device and a user device, [0176, 0177] determine signal strength of the signal between the monitoring device 1 and a user device 600;
determining a distance between the wearable device and the user device based at least in part on the signal strength, [0117, 0176]; and
causing a graphical user interface of the user device to display a notification associated with the wearable device, [0168], based at least in part on the determination that the distance satisfying a threshold distance, [0168, 0198], wherein the notification comprises an indication of a last known location of the wearable device relative to the user device, [0208, 0209] display the last known location of the wearable device when an alarm is triggered, including a route from one device to the other is displayed, [0198] wherein the alarm can be triggered when the monitoring device leaves a pre-defined perimeter from the master device, the last known location corresponding to a location of the wearable device prior to the signal strength failing to satisfy a threshold signal strength, [0117, 0176] proximity distance determined by measuring the received signal strength between the monitoring device 1 and the user device 600; wherein the threshold distance is a predetermined threshold signal strength as the distance is calculated based on the measured signal strength.
Shapiro fails to disclose wherein the method further comprises determining that the user is not wearing the wearable device based at least in part on the data; wherein the signal strength is determined based at least in part on determining that the user is not wearing the wearable device; wherein the notification is displayed further based at least in part on the determination that the user is not wearing the device.
Lim teaches a system and method comprising a wearable device 20 having an electronic device 100, [fig. 1, 0055], and a second electronic device 101, [fig. 2, 0057]; wherein the electronic device 100 analyzes a sensor signal from sensor 170 to determine if the user is not wearing the wearable device, [0059], and send the determination to the second electronic device 101, [0059]; wherein when the system determines that the wearable device is not worn an, the system determines if the wearable device is spaced apart at a certain distance, [0093, 0130]; wherein the sensor 170 detects the PPG of the user, [0073].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Shapiro with that of Lim so that the system performs the distance determination when the wearable device is determined to be off to save processing power.
As to claim 4. Shapiro fails to disclose The method of claim 1, wherein determining that the user is not wearing the wearable device further comprises: determining the temperature data, motion data, the PPG data, electrocardiogram data, bioimpedance data, or any combination thereof, satisfy one or more threshold values, the one or more threshold values corresponding to the user not wearing the wearable device.
Lim teaches a system and method comprising a wearable device 20 having an electronic device 100, [fig. 1, 0055], and a second electronic device 101, [fig. 2, 0057]; wherein the electronic device 100 analyzes a sensor signal from sensor 170 to determine if the user is not wearing the wearable device, [0059], and send the determination to the second electronic device 101, [0059]; wherein reference signal of the physiological information is used to determine if the device is taken off, [0073, 0074, 0127].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Shapiro with that of Lim so that the system relies on the user’s physiological data presence as the lack of the physiological data is indicative that the device is not worn by the user.
As to claim 5. Shapiro fails to disclose The method of claim 1, wherein determining that the user is not wearing the wearable device further comprises: determining that a change in the acceleration data satisfies a threshold acceleration value, [0077, 0093].
Lim teaches a system and method comprising a wearable device 20 having an electronic device 100, [fig. 1, 0055], and a second electronic device 101, [fig. 2, 0057]; wherein the electronic device 100 analyzes a sensor signal from sensor 170 to determine if the user is not wearing the wearable device, [0059], and send the determination to the second electronic device 101, [0059]; wherein system uses acceleration data to confirm the wearable device is taken off, [0077, 0093].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Shapiro with that of Lim so that the system confirms the lost status of the device based on inertial data.
As to claim 6. Shapiro discloses The method of claim 1, further comprising: causing one or more components of the user device to emit a sound based at least in part on the signal strength failing to satisfy the threshold signal strength, [0168].
As to claim 7. Shapiro discloses The method of claim 6, further comprising: selectively adjusting one or more parameters associated with the sound based at least in part on the distance between the user device and the wearable device, a power level of the wearable device, or both, wherein the distance is associated with the signal strength, [0168] alarm intensity changed based on the distance, and wherein the one or more parameters comprise a volume of the sound, a frequency of the sound, a pattern of the sound, or any combination thereof, [0168].
As to claim 8. Shapiro discloses The method of claim 1, further comprising: storing location data associated with a geographical location of the wearable device, [0190, 0192] geographical data indicating alarm conditions stored, based at least in part on the signal strength failing to satisfy the threshold signal strength, [0089, 0117, 0176] signal strength measurement used to determine the distance threshold, [0204] wherein the signal strength can be displayed.
As to claim 9. Shapiro discloses The method of claim 1, further comprising: causing one or more components of the wearable device to emit a visible light based at least in part on the signal strength failing to satisfy the threshold signal strength, [0168].
As to claim 10. Shapiro discloses The method of claim 9, further comprising: selectively adjusting one or more parameters associated with the visible light based at least in part on a distance between the user device and the wearable device, [0168], a power level of the wearable device, or both, wherein the distance is associated with the signal strength, [0176], and wherein the one or more parameters comprise an intensity of the visible light, a wavelength associated with the visible light, a blinking pattern associated with the visible light, a periodicity of the blinking pattern, or any combination thereof, [0168].
As to claim 11. Shapiro discloses The method of claim 9, wherein causing the one or more components of the wearable device to emit the visible light comprises: determining the distance between the user device and the wearable device satisfies the threshold distance, [0168] based at least in part on the signal strength, [0176].
As to claim 12. Lim discloses The method of claim 1, wherein the wireless connection comprises a Bluetooth connection, [0177].
As to claim 13. Lim discloses The method of claim 1, wherein the wearable device comprises a wearable ring device, [0126, 0165].
As to claim 14. Lim discloses An apparatus, comprising: a processor, [fig. 1A, 0061] processing unit 12; memory coupled with the processor, [fig. 1A, 0061] memory 14; and instructions stored in the memory and executable by the processor, [0283] to cause the apparatus to: perform the steps of claim 1 that are rejected using the same prior arts and reasoning as to that of claim 1.
As to claims 17-19, are rejected using the same prior arts and reasoning as to that of claims 4-6, respectively.
As to claim 20 is rejected using the same prior arts and reasoning as to that of claim 14.
Claim(s) 3, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shapiro in view of Lim as applied to claims 1, and 14 above, further in view of Heo et al. [US 20150358778].
As to claim 3. The combination of Shapiro and Lim fails to disclose The method of claim 1, further comprising: causing the graphical user interface of the user device to display a second notification based at least in part on the signal strength satisfying the threshold signal strength.
Heo teaches a method and apparatus for providing location information comprising a wearable device 103/203 and a user device 101/201, [fig. 1, 2A, 0039, 0042]; wherein the user device 201 outputs a notification on the display 223, [fig. 2A, 0040], based on the signal strength between the two devices being above a threshold, [fig. 5A, 0040]; wherein the method implements a plurality of thresholds defining a plurality of areas based on the signal strength, [fig. 5A, 0107], and provide notification based on the device being past the second region, and a continuous notification indicating the path of the device, [fig. 8, 0129].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of the combination of Shapiro and Lim with that of Heo so that the system can use the connection signal for confirming if the device is still being worn by the user.
As to claim 16 is rejected using the same prior arts and reasoning as to that of claim 3.
Response to Arguments
Applicant's arguments filed 4/22/2026 have been fully considered but they are not persuasive.
Argument 1: The prior arts do not teach the newly amended limitations of claim 1, 14, 20.
Response 1: The Office Action has been amended to consider the newly added limitations as detailed above.
Argument 2: Shapiro does not teach or suggest “a last known location of the wearable device”.
Response 2: Shapiro, [0208] taches displaying the last known location of the user wearing the monitoring device 1 based on a triggered alert condition.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENYAM HAILE whose telephone number is (571)272-2080. The examiner can normally be reached 7:00 AM - 5:30 PM Mon. - Thur..
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached at (571)270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Benyam Haile/Primary Examiner, Art Unit 2688
Prosecution Insights