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:
receiving, via a user device associated with a user, a user input indicating a threshold distance, [fig. 4, 0109] threshold distance between a health status monitoring device 1 and a control/master device 600 is user-configurable set by the user through a user interface of a controlling device, for triggering alerts based at least in part on a distance between the user device, [fig. 4, 0167] master device 600, and a wearable device, [fig. 4, 0164] health monitoring device 1, associated with the user, [0168] alarm is set-off when the device 1 exceeds the distance from the master device 600;
acquiring data via the wearable device associated with the user, [fig. 3, 0157], 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 the user device, [0176];
determining the 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 the threshold distance, [0168].
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, the user device, or both based at least in part on the signal strength failing to satisfy a threshold signal strength; and causing the graphical user interface to display an indication of the geographical location, [0190, 0192] geographical data indicating alarm conditions stored.
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 a 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 a 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 with respect to claim(s) 1, 3-14, 16-20 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.
Conclusion
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..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached at (571)270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Benyam Haile/Primary Examiner, Art Unit 2688