6DETAILED ACTION
Notice of Reply
This communication is responsive to the amendment(s) and/or argument(s) filed 1/22/26. The previous ground(s) of objection and/or rejection is/are withdrawn. The following new and/or reiterated ground(s) of rejection is/are set forth hereinbelow.
Information Disclosure Statement
The accompanying annotated information disclosure statement (IDS) submission(s) is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/422,923. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claim 1 is effectively the equivalent of claim 1 of the copending Application. Both claims recite inter alia an optical sensing unit for detecting torso movement and outputting signals thereof, an electronic device requesting the user to breathe, and a processing device receiving signals and performing determination. The determined level of respiratory function in the instant Application may be equated to and is broader than the determined adherence metric in the claimed copending Application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Rahman et al. (US 2022/0054039, hereinafter Rahman).
For claim 1, Rahman discloses a system (Figs 10 & 11) for measuring respiratory function of a user ([0098-0129]), the system comprising:
an optical sensing unit (1030, 120, 104) configured to:
identify a torso of the user ([0057-0129], [especially 0104]);
detect movement of the torso with respect to the optical sensing unit ([0057-0129]); and
output one or more signals indicative of the movement of the torso ([0057-0129]);
an electronic device (1040) configured to provide a first request for the user to breathe at a first rate during a first time period (Fig 8) ([0057-0129]) and a second request for the user to breathe at a second rate during a second time period (Fig 8) ([0057-0129]); and
a processing unit (1004) programmed to:
receive first signals generated by the optical sensing unit during the first time period based on the movement of the torso and determine a first respiration parameter (Fig 8) using the first signals ([0057-0129]);
receive second signals generated by the optical sensing unit during the second time period based on the movement of the torso and determine a second respiration parameter (Fig 8) using the second signals ([0057-0129]); and
determine a level of respiratory function based on the first respiration parameter and the second respiration parameter (Fig 8) ([0057-0129]).
For claim 2, Rahman discloses the system of claim 1, wherein the optical sensing unit comprises:
a camera (1030) that is configured to identify the torso of the user ([0057-0129], especially [0104]);
a depth sensor (120) that is configured to detect changes in depth of the torso (Fig 8) ([0057-0129]); and
detecting the movement of the torso comprises detecting the changes in depth of the torso with respect to the optical sensing unit ([0057-0129]).
For claim 3, Rahman discloses the system of claim 1, wherein the optical sensing unit is further configured to:
identify one or more sampling regions along the torso of the user ([0057-0061]); and
detect movement at each of the one or more sampling regions ([0057-0061]).
For claim 4, Rahman discloses the system of claim 3, wherein the processing unit is configured to select at least one sampling region and determine the first respiration parameter and the second respiration parameter using signals of the one or more signals corresponding to the selected at least one sampling region (Fig 8) ([0057-0129]).
For claim 5, Rahman discloses the system of claim 1, wherein:
the first rate is slower than the second rate (Fig 8) ([0057-0129]);
the first and second respiration parameters each comprise a corresponding signal power (Fig 8) ([0057-0129]); and
the level of respiratory function is based on an amount of decrease in the corresponding signal power between the first rate and the second rate (Fig 8) ([0057-0129]).
For claim 6, Rahman discloses the system of claim 1, wherein the processing unit is further configured to:
determine a first breathing rate of the user in response to the first request, the first breathing rate based on the first signals generated during the first time period (Fig 8) ([0057-0129]); and
determine a second breathing rate of the user in response to the second request, the second breathing rate based on second signals generated during the second time period (Fig 8) ([0057-0129]);
wherein determining the level of respiratory function comprising using the first and second breathing rates (Fig 8) ([0057-0129]).
For claim 7, Rahman discloses the system of claim 1, wherein:
the electronic device comprises at least one of a display (1034) and a speaker (1010) (Fig 10) ([0057-0129]); and
the first and second requests each comprise at least one of visual output that is displayed on the display and an audio output from the speaker (Fig 8) ([0057-0129]).
For claim 8, Rahman discloses the system of claim 1, wherein the processing unit is further programmed to:
generate a body model of the user (108) ([0057-0129]); and
use the body model to determine the first and second respiration parameters ([0057-0129]).
Response to Arguments
Applicant's arguments filed 1/22/26 have been fully considered but they are not persuasive. Applicant argues the following:
Rahman does not disclose an optical sensing unit configured to detect movement of the torso with respect to the optical sensing unit, as recited in claim 1. Rahman generally discusses that the system can include a camera, but does not discuss a camera that is used to detect movement of the torso. (See Rahman para. [0104] stating that "Camera subsystem 1030 and optical sensor can be used to facilitate camera functions, such as recording images and/or video clips."). Instead, Rahman discusses that IMUs can be configured to identify breathing motion by capturing the torso and head motion due to a user's breathing. (Rahman para. [0057] "In certain embodiments, the motion sensor-generated signals are generated by one or more IMUs embedded in a device (e.g., smartphone), which can be held against a subject's chest;" para. [0057] "The expansion and contraction of the user's lungs due to breathing also move the user's torso and head, and an earbud IMU captures the torso and head motion due to the user's breathing."). Other than generally stating that the system can include an optical sensor system, Rahman does not appear to discuss or even suggest that the optical system can be used to detect movement of the torso with respect to the optical sensing unit, as recited in claim 1.
Rahman does not disclose an electronic device configured to provide a first request for the user to breathe at a first rate during a first time period and a second request for the user to breathe at a second rate during a second time period, as recited in claim 1. Rahman is focused on passive sensing of breathing movements and nudging a user to breathe more deeply. (See Rahman para. [0067]). However, Rahman does not appear to specifically request a user to breathe at a first rate during a first time period and at a second rate during a second time period. That is, the cited portions of Rahman fail to disclose explicitly requesting a user to breath at multiple different breathing rates during different respective time periods.
Rahman does not disclose a processing unit programmed to determine a first respiration parameter using the first signals based on the movement of the torso and determine a second respiration parameter based on the movement of the torso, as recited in claim 1. The cited portions of Rahman generally discuss a breathing exercise. (Rahman paras. [0084]-[0085]). Rahman does not discuss determining a first respiration parameter that is based on determined breathing movements that occurred in response to the first requested breathing rate, and determining a second respiration parameter that is based on determined breathing movements that occurred in response to the second requested breathing rate. Figure 8 of Rahman appears to show a breathing report prior to a requested exercise and a breathing report after the breathing exercise. However, Rahman does not discuss that the exercise includes requesting different breathing rates or even that the reports are based on data that was collected during the exercise. That is, the breathing reports shown by Rahman show breathing data prior to or after the exercise, but not collected during the exercise. Accordingly, the breathing report data shown in FIG. 8, is passive data collected at a different time from the exercise (e.g., before or after). Accordingly, the breathing data shown in FIG. 8 is not data that was based on a specifically requested breathing rate.
Rahman does not disclose a processing unit programmed to determine a level of respiratory function based on the first respiration parameter and the second respiration parameter, as recited in claim 1. The cited portions of Rahman discuss outputting measured breathing information such as a breathing rate prior to a breathing exercise and a breathing rate after the breathing exercise. (Rahman paras. [0084]-[0085] and FIG. 8). However, Rahman does not appear to discuss determining a level of respiratory function based on first and second respiratory functions respectively determined from different request breathing rates.
In response the Examiner respectfully disagrees and notes the following:
As broadly as structurally and/or functionally claimed and absent any special definition in the instant Specification upon which Applicant does not appear to rely, Rahman is explicitly concerned with and discloses inter alia
an optical sensing unit (1030, 120, 104) configured to detect movement of the torso with respect to the optical sensing unit ([0057-0129]);
an electronic device (1040) configured to provide a first request for the user to breathe at a first rate during a first time period (Fig 8) ([0057-0129]) and a second request for the user to breathe at a second rate during a second time period (Fig 8) ([0057-0129]);
a processing unit (1004) programmed to determine a level of respiratory function based on the first respiration parameter and the second respiration parameter (Fig 8) ([0057-0129]).
Regarding (a)-(c) and Figure 10 upon which elements 1030, 1040 and 1004 are described, Rahman explicitly states (emphasis added) inter alia:
[0025] Another aspect is identifying trigger modes of breathing by the user. The identifying can be based on acoustic data and/or motion data. The data can be created from sensor-based signals generated by one or more device sensors. In certain arrangements disclosed herein, the user's breathing can be passively monitored with a device during a predetermined time interval. One or more device sensors can generate sensor-generated signals. The sensor-generated signals can include acoustic signals and/or motion signals. One or more breathing modes of the user's breathing can be identified by processing data created from the sensor-generated signals using a machine learning model.
[0057] In some embodiments, features used by the ML model implemented by mode identifier 118 include features extracted from signals generated by one or more motion sensors 120. For example, with system 100 implemented in a pair of earbuds worn by the user, the motion signals can be obtained from one or both IMUs embedded in the earbuds. The expansion and contraction of the user's lungs due to breathing also move the user's torso and head, and an earbud IMU captures the torso and head motion due to the user's breathing. Mode identifier 118 is capable of extracting feature signals generated by motion sensor(s) 120 in response to the user's torso and head motion. The features can be used by the ML model implemented by mode identifier 118 to identify modes of the user's breathing. In some embodiments, feature input (e.g., tensors, matrices, vectors) to the ML model implemented by mode identifier 118 is extracted from both acoustic and motion signals generated, respectively, by acoustic sensors 102 and motion sensor(s) 120.
[0058] Shallow breathing is an example breathing mode that is recognized by mode identifier 118 and identified as a trigger mode. Shallow breathing can affect the user's blood pressure and/or heart rate, and also can disrupt the user's oxygen-carbon dioxide balance, thereby reducing the user's mental acuity or physical strength.
[0059] Mode identifier 118 can identify the user's shallow breathing based on movement of the user's torso and head sensed by motion sensor(s) 120. With system 100 implemented in earbuds worn by the user, for example, the motion sensor can be IMUs embedded in the earbuds. Mode identifier 118, using a ML model that has learned the baseline of the user's breathing depth, can detect shallow breathing by comparing the user's current breathing depth with the user's ML model-determined baseline. In certain embodiments, mode identifier 118 determines that the user's breathing is shallow if the depth is less than a predetermined threshold (e.g., fifty percent) of the user's baseline breathing depth.
[0026] In response to identifying a trigger mode of breathing, a nudge is conveyed to the user, via the device, the nudge prompting or instructing the user to engage in mindful breathing. As defined herein, a “trigger mode” is a breathing mode that is associated with an adverse health effect. Examples of a trigger mode include shallow breathing and mouth breathing or sympathetic nervous system excitation including psychosocial stress. A “nudge” is defined herein as a notification, instruction, or other audible or visual message that is conveyed to the user by a device in response to detecting a trigger mode. A nudge can make a user aware of an irregular or unhealthy breathing pattern. A nudge can provide an explicit instruction instructing the user to undertake a specific type of mindful breathing in a prescribed manner to correct unhealthy breathing. “Mindful breathing” is defined herein as controlled breathing consciously performed in a predetermined manner by the user.
[0098] FIG. 10 illustrates example device 1000 in which system 100 can be implemented in accordance with one or more embodiments described within this disclosure. Device 1000 can be a portable device that can be worn by the user (e.g., earbuds, smartwatch, smart glasses) or carried comfortably and conveniently (e.g., smartphone). Device 1000 can include memory 1002, one or more processors 1004 (e.g., image processors, digital signal processors, data processors), and interface circuitry 1006.
[0099] In one aspect, memory 1002, processor(s) 1004, and/or interface circuitry 1006 are implemented as separate components. In another aspect, memory 1002, processor(s) 1004, and/or interface circuitry 1006 are integrated in one or more integrated circuits. The various components of device 1000 can be coupled, for example, by one or more communication buses or signal lines (e.g., interconnects and/or wires). In one aspect, memory 1002 may be coupled to interface circuitry 1006 via a memory interface (not shown).
[0100] Subsystems, sensors, devices, and/or input/output (I/O) devices can be coupled to interface circuitry 1006 to facilitate the functions and/or operations described herein, including the generation of sensor data. The various sensors, devices, subsystems, and/or I/O devices may be coupled to interface circuitry 1006 directly or through one or more intervening I/O controllers (not shown).
[0101] Device 1000 illustratively includes audio subsystem 1008. Audio subsystem 1008 can be operatively coupled to speaker 1010 and microphone 1012 to facilitate voice-enabled functions, such as voice recognition, voice replication, digital recording, audio processing, and telephony functions. Audio subsystem 1000 is able to generate acoustic sensor data. In one or more embodiments, microphone 1012 is utilized as an acoustic sensor. As an acoustic sensor, microphone 1012 can capture acoustic signals generated in response to the user's breathing.
[0102] Sensors embedded in device 1000 include accelerometer 1014, gyroscope 1016, and magnetometer 1018. Accelerometer 1014 can be connected to interface circuitry 1006 to provide sensor data that can be used to determine change of speed and direction of movement of a device in three dimensions. Gyroscope 1016 can be connected to interface circuitry 1006 to provide sensor data that can be used to determine orientation and angular velocity. Magnetometer 1018 can be connected to interface circuitry 1006 to provide sensor data that can be used to determine the direction of magnetic North for purposes of directional navigation. In some embodiments, accelerometer 1014, gyroscope 1016, and magnetometer 1018 are integrated as an IMU (e.g., embedded in an earbud and/or other portable device).
[0103] Other sensors embedded in device 1000 can include location sensor 1020, light sensor 1022, and proximity sensor 1024 operatively coupled to interface circuitry 1006 to facilitate orientation, lighting, and proximity functions, respectively, of device 1000. Altimeter 1026 can be connected to interface circuitry 1006 to provide sensor data that can be used to determine altitude. Sound recorder 1024 can be connected to interface circuitry 1006 to store recorded sounds.
[0104] Camera subsystem 1030 can be coupled to an optical sensor (not shown) that is implemented using any of a variety of technologies. Examples include a charged coupled device (CCD), a complementary metal-oxide semiconductor (CMOS) optical sensor, and the like. Camera subsystem 1030 and optical sensor can be used to facilitate camera functions, such as recording images and/or video clips. In one aspect, image data is a subset of sensor data.
[0105] Communication functions can be facilitated through one or more wireless communication subsystems 1032 connected to interface circuitry 1006. Wireless communications subsystem(s) 1033 can include radio frequency receivers and transmitters, optical (e.g., infrared) receivers and transmitters, and so forth. The specific design and implementation of wireless communication subsystem(s) 1032 can depend on the specific type of device 1000 implemented and/or the communication network(s) over which device 1000 is intended to operate.
[0106] For purposes of illustration, wireless communication subsystem(s) 1032 can be designed to operate over one or more mobile networks (e.g., GSM, GPRS, EDGE), a Wi-Fi network that may include a WiMax network, a short-range wireless network (e.g., a Bluetooth network), and/or any combination of the foregoing. Wireless communication subsystem(s) 1032 can implement hosting protocols such that device 1000 can be configured as a base station for other wireless devices.
[0107] I/O devices 1034 can be coupled to interface circuitry 1006. Examples of I/O devices 1034 include, for example, display devices, touch-sensitive display devices, track pads, keyboards, pointing devices, communication ports (e.g., USB ports), network adapters, buttons, or other physical controls, and so forth. A touch-sensitive device such as a display screen and/or a pad is configured to detect contact, movement, breaks in contact, and the like using any of a variety of touch sensitivity technologies. Example touch-sensitive technologies include capacitive, resistive, infrared, and surface acoustic wave technologies, other proximity sensor arrays or other elements for determining one or more points of contact with a touch-sensitive device, and the like. One or more of I/O devices 1034 can be adapted to control functions of sensors, subsystems, and such of device 1000.
[0108] Device 1000 further includes a power source 1036. Power source 1036 is able to provide electrical power to various elements of device 1000. In one embodiment, power source 1036 is implemented as one or more batteries. The batteries may be implemented using any of a variety of different battery technologies, whether disposable (e.g., replaceable) or rechargeable. In another embodiment, power source 1036 is configured to obtain electrical power from an external source and provide power (e.g., DC power) to the elements of device 1000. In the case of a rechargeable battery, power source 1036 further may include circuitry that is able to charge the battery or batteries when coupled to an external power source.
[0109] Memory 1002 can include random access memory (e.g., volatile memory) and/or non-volatile memory, such as one or more magnetic disk storage devices, one or more optical storage devices, flash memory, and so forth. Memory 1002 can store operating system 1038, such as LINUX, UNIX, a mobile operating system, an embedded operating system, and the like. Operating system 1038 may include instructions for handling system services and for performing hardware-dependent tasks.
[0110] Memory 1002 may store additional program code 1040. Examples of other program code 1040 may include instructions to facilitate communicating with one or more additional devices, one or more computers, and/or one or more servers; graphic user interface processing; processing instructions to facilitate sensor-related functions; phone-related functions; electronic messaging-related functions; Web browsing-related functions; media processing-related functions; GPS and navigation-related functions; security functions; camera-related functions, including Web camera and/or Web video functions; and so forth. Memory 1002 can store instructions and/or program code for implemented a system for determining a user's breathing faces and additional functions the same or similar to those described with respect to example system 100. Memory 1002 can also store one or more other applications 1042.
[0111] The various types of instructions and/or program code described are provided for purposes of illustration and not limitation. The program code may be implemented as separate software programs, procedures, or modules. Memory 1002 can include additional instructions or fewer instructions. Moreover, various functions of device 1000 may be implemented in hardware and/or software, including in one or more signal processing and/or application-specific integrated circuits.
[0112] Program code stored within memory 1002 and any data used, generated, and/or operated on by device 1000 are functional data structures that impart functionality to a device when employed as part of the device. Further examples of functional data structures include, for example, sensor data, data obtained via user input, data obtained via querying external data sources, baseline information, and so forth. The term “data structure” refers to a physical implementation of a data model's organization of data within a physical memory. As such, a data structure is formed of specific electrical or magnetic structural elements within a memory. A data structure imposes physical organization on the data stored in the memory that is used by a processor.
[0113] Device 1000 can include fewer components than those shown or include additional components other than those shown in FIG. 10 depending on the specific type of system that is implemented. Additionally, the particular operating system and/or application(s) and/or other program code included may also vary according to system type. Moreover, one or more of the illustrative components can be incorporated into, or otherwise form a portion of, another component. For example, a processor may include at least some memory.
[0114] Device 1000 is provided for purposes of illustration and not limitation. A device and/or system configured to perform the operations described herein may have a different architecture than illustrated in FIG. 10. The architecture may be a simplified version of device 1000 and may include a processor and memory storing instructions. The architecture may include one or more sensors as described herein. Device 1000, or a similar system, can collect data using the various sensors of the device or sensors coupled thereto. It should be appreciated, however, that device 1000 may include fewer sensors or other additional sensors. More generally, not all devices will include each of the components described herein. For example, earbuds will not include a camera subsystem, certain I/O devices, or other components.
[0115] Example implementations of device 1000 include, for example, a smartphone or other mobile device or phone, a wearable computing device (e.g., smartwatch, earbuds), a dedicated medical device or other suitable handheld, wearable, or comfortably carriable electronic device capable of sensing and processing sensor-detected signals and data. It will be appreciated that embodiments can be deployed as a standalone device or deployed as multiple devices in a distributed client-server networked system. For example, in certain embodiments, a mobile device (e.g., earbuds) smartwatch can operatively couple to another mobile device (e.g., smartphone). The mobile device may or may not be configured to interact with a remote server and/or computer system.
Thus, Rahman explicitly discloses the use of a camera as an optical sensing for monitoring a torso movement, particularly when relying on all sensor data to determine motion data, including torso presence/detection and movement thereof, for evaluating respiratory function based on respiratory parameters measured during multiple guided breathing sessions at multiple time periods.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “requesting different breathing rates”, ) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Regarding (b) and (c), Rahman’s disclosure is explicitly concerned with inter alia an electronic device (1040) configured to provide a first request for the user to breathe at a first rate during a first time period (Fig 8) ([0057-0129]) and a second request for the user to breathe at a second rate during a second time period (Fig 8) ([0057-0129]); and a processing unit (1004) programmed to determine a level of respiratory function based on the first respiration parameter and the second respiration parameter (Fig 8) ([0057-0129]). The Examiner reproduces Figs 8 of Rahman hereinbelow, explicitly showing smartphone guided breathing exercise information displayed over various time periods and over various respiratory parameter instructions, including active live guidance on altering breathing rates. Regarding Figure 8 and upon which requesting at least two breathing rates during two time periods are concerned, Rahman states (emphasis added) inter alia:
[0084] FIG. 8 illustrates a series of GUIs 802, 804, 806, 808, and 810 generated by system 100, for example, on a touchscreen display of the device in which system 100 is implemented. GUIs 802-810 are progressively presented to the user on the touchscreen display to assist in managing the user's breathing. Initially, using acoustic and/or motion data as described above, system 100 determines characteristics of the user's current mode of breathing. GUI 802 presents windows 812, 814, 816, 818, and 820 indicating the characteristics. Window 812 displays the user's current breathing rate. Windows 814 display on one side the user's already-determined (as described above) baseline breathing rate and on the other side a change in breathing depth. Window 816 displays the user's current breathing symmetry (e.g., ratio of breathing phases), and window 818 displays the cyclical pattern of the user's breathing. Window 820 provides a touch-responsive prompt that the user can touch to initiate a “live guidance breathing exercises” program implemented with system 100.
[0085] GUI 804 provides a visually displayed nudge to the user. The nudge both notifies the user that user's current breathing mode corresponds to a shallow breathing trigger mode, and instructs the user to take a deep breath. Touch-responsive prompt 822 allows the user to start system 100's “live guidance breathing exercises” program with an appropriate breathing exercise. GUI 806 allows the user to set a target breathing pattern (e.g., breathing rate of 5 bpm) and initiate with touch-responsive prompt 824 the monitoring of the user's breathing while engaging in the breathing exercise. GUI 808 enables the user to stop breathing monitoring using touch-responsive prompt 826. System 100 in response to the user's cessation of the breathing exercises generates a breathing exercise report, which is displayed by GUI 810. Window 828 of GUI 810 displays a summary of the user's pre-exercise breathing characteristics, and window 830 displays a summary of the user's breathing characteristics at the conclusion of the breathing exercise. System 100 can determine from a comparison of the pre- and post-exercises breathing characteristics the quality of the user's exercise performance and the efficacy of the exercises in improving the user's breathing.
PNG
media_image1.png
591
743
media_image1.png
Greyscale
PNG
media_image2.png
567
816
media_image2.png
Greyscale
In an effort to promote compact prosecution, the Examiner respectfully notes that Rahman would not appear to meet the disclosed limitation(s) [instant Specification 0068-0070] of performing “image analysis techniques to identify the user”, “identifying a torso based on image analysis”, “real-time image analysis to identify user position, posture, or orientation changes”, or the like.
Conclusion
THIS ACTION IS MADE FINAL. 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 Jeffrey G. Hoekstra whose telephone number is (571)272-7232. The examiner can normally be reached Monday through Thursday from 5am-3pm EST.
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, Charles A. Marmor II can be reached at (571)272-4730. 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.
Jeffrey G. Hoekstra
Primary Examiner
Art Unit 3791
/JEFFREY G. HOEKSTRA/ Primary Examiner, Art Unit 3791
Prosecution Insights