DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Arguments
Applicant’s amendments merit new grounds for rejection under 35 U.S.C. § 103 in view of Linder (U.S. Patent Application Publication No. 2007/0213619).
Linder teaches a non-invasive PPG technique for analysis of vascular waveforms including morphological features, wherein the one or more morphological features include at least one of a waveform width and a waveform volume (¶[0040], Fig. 1, ¶[0048] width and area).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the morphological analysis of Farringdon as modified to include waveform width and waveform volume, as taught by Linder, because Linder teaches early warning of impending cardiac episodes due to additional feature analysis (Linder ¶[0029]).
Applicant’s amendments merit new grounds for rejection further under 35 U.S.C. §§112, 1st paragraph and 2nd paragraph.
Applicant’s remarks dated 7/23/2026 have been fully considered but are not persuasive. With respect to Farringdon, on p. 10 Applicant states: “Farringdon discloses monitoring pulse transit time (PTT) based on pulse pressure waveforms (¶[0104]),” further characterizing Farringdon “does not involve analysis of vascular waveforms obtained using a light-based physiological monitor,” and characterizes the analysis of Farringdon as purely time-based.
This is not persuasive as a pulse oximeter is a light-based physiological monitor, a pulse pressure waveform from a pulse oximeter is a vascular waveform, and the examiner considers that deriving PTT and subsequently blood pressure from the pulse pressure waveform is therefore an analysis of a vascular waveform obtained using a light-based physiological monitor. Further, the pressure wave detection of Farringdon is specifically a morphological analysis, the timing of its arrival is detection of the shape of the pressure wave at a particular point in time, at least via amplitude. Lastly, the specifics of morphological analysis are taught by Linder, below.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-25 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
With respect to a light-based physiological monitor for collecting vascular waveforms for vascular waveform analysis, Applicant’s specification as filed discloses the following:
[0018] In various embodiments, the sensors 206 comprise one or more of any of the following: an infrared sensor, crystal technology sensor, sensors configured for use with augmented reality technology, auto-fluorescence sensors, or light-based physiological monitor; a blood pressure sensor; a pulse sensor; a respiratory rate sensor comprising, for example, one or more chest patches, wrist patches, and/or chest straps; a body temperature sensor; an oxygen absorption sensor; a carbon dioxide sensor; a nitric oxide sensor; a blood glucose sensor; a sensor of electrolytes, nutrients in the circulation, or other metrics; one or more contact lenses configured to measure capillary blood flow; a flow meter; a spirometer; a mouthpiece. In an embodiment, at least one of the sensors 206 is configured to sense and store at least one measurement relating to vascular structure, status or performance. Thus, as alternatives to using ultrasound as a form of energy for sensing, in some embodiments sensors that use infrared spectroscopy, auto-fluorescence, crystal technology, augmented reality technology, and other forms of energy or radiation may be used to obtain vascular waveforms for analysis.
Applicant’s specification discloses vascular waveform analysis throughout, however, the remaining disclosures are specific to Doppler ultrasound analysis techniques, and not any light-based sensor information. Applicant’s disclosure in ¶[0018] apparently equates Doppler ultrasound signals with any of infrared spectroscopy, auto-fluorescence, crystal technology, augmented reality technology, and, possibly, any other form of energy. The Examiner’s position is that these are not equivalent technologies, therefore Applicant’s disclosure of one single embodiment, Doppler ultrasound vascular waveform analysis, does not provide sufficient description so as to indicate that Applicant had possession of such an analysis using light-based sensing.
Applicant’s amendments are directed to specific features of the vascular waveform analysis, combined with a light-based physiological monitor. The Examiner concedes that these elements of the vascular waveform analysis are disclosed, however they are specifically disclosed steps for analysis of Doppler ultrasound vascular waveforms and are not disclosed as steps for analysis of any other type of vascular waveform. Therefore, the claimed combination of a vascular waveform analysis, comprising the specific claimed analytical steps, using vascular waveforms acquired by a light-based physiological monitor, is not supported by adequate written description and therefore appears to be new matter.
Claim 25 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 25 requires obtaining any of the following from a light-based physiological monitor through morphological analysis of the light-based signal or the number of waveform features of the light-based signal: thickness of vascular walls, plaque formation, or a number of elastic responses of vascular walls during a heart pulse cycle. A review of Applicant’s specification as filed returns the following disclosure with respect to the light-based physiological sensor:
[0018] In various embodiments, the sensors 206 comprise one or more of any of the following: an infrared sensor, crystal technology sensor, sensors configured for use with augmented reality technology, auto-fluorescence sensors, or light-based physiological monitor; a blood pressure sensor; a pulse sensor; a respiratory rate sensor comprising, for example, one or more chest patches, wrist patches, and/or chest straps; a body temperature sensor; an oxygen absorption sensor; a carbon dioxide sensor; a nitric oxide sensor; a blood glucose sensor; a sensor of electrolytes, nutrients in the circulation, or other metrics; one or more contact lenses configured to measure capillary blood flow; a flow meter; a spirometer; a mouthpiece. In an embodiment, at least one of the sensors 206 is configured to sense and store at least one measurement relating to vascular structure, status or performance. Thus, as alternatives to using ultrasound as a form of energy for sensing, in some embodiments sensors that use infrared spectroscopy, auto-fluorescence, crystal technology, augmented reality technology, and other forms of energy or radiation may be used to obtain vascular waveforms for analysis.
The specific alternatives to Doppler ultrasound are disclosed as infrared spectroscopy, auto-fluorescence, crystal technology, augmented reality technology, and other forms of energy or radiation for obtaining vascular waveforms. Crystal technology, augmented reality and a broad disclosure of “other forms of energy or radiation” do not specifically obtain data of any kind, are not sensor or imaging types, and do not appear to be light-based. Upon review, infrared spectroscopy and auto-fluorescence further do not appear to obtain vascular waveforms that reflect a vascular condition that includes “thickness of vascular walls, plaque formation, or a number of elastic responses of vascular walls during a heart pulse cycle”. Instead, these measurements appear to be restricted to Doppler ultrasound as disclosed and in the state of the art. While the claims are broad enough to include all light-based physiological monitoring, the one working example disclosed appears to be directed solely to Doppler ultrasound.
The nature of the invention is imaging, a field comprising complex data analysis and technologies that differ in capability and function. Spectroscopy does not simply substitute for, specifically, Doppler ultrasound. Ultrasound may provide an image, and spectroscopy may provide an image, however, Doppler ultrasound is a specific time-based capture of speed and direction of blood flow in a vein. Doppler ultrasound may produce a spectral waveform for analysis of blood flow that represents changes in sound waves as reflected off red blood cells moving in a vein. The resultant waveform information and analysis is specific to Doppler ultrasound. Infrared spectroscopy and other light-based techniques rely on light scattering or absorption and the resultant data reflects light information, not sound. The Examiner’s position is that these resultant measured signals are not explicitly interchangeable, and the analysis performed on each is not on its face applicable to any other.
Next, a light-based physiological monitor with capacity for analyzing “thickness of vascular walls, plaque formation, or a number of elastic responses of vascular walls during a heart pulse cycle” based specifically on analysis of waveforms in a vascular signal including morphology or number of waveforms does not appear to correspond with the state of the art and the level of PHOSITA. Instead, the “thickness of vascular walls, plaque formation, or a number of elastic responses of vascular walls during a heart pulse cycle” from vascular waveform analysis appears to be exclusively derived from Doppler ultrasound.
The inventor, critically, has provided no direction on adapting the disclosed vascular waveform analysis techniques to any imaging or sensing technology other than Doppler ultrasound and, as noted above, has only provided one working example.
Therefore, claim 25 appears to lack enablement.
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 1-25 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “waveform” in the claims is used by the claim to mean “feature of a waveform,” (Applicant appears to disclose signal peaks and signal nadirs as “waveforms” while the accepted meaning is “data representing a wave signal as a function of time” The term is indefinite because the specification does not clearly redefine the term.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim 1-4, and 9-24 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Farringdon et al. (U.S. Patent Application Publication No. 2008/0171943) hereinafter referred to as Farringdon; in view of Castellanos (U.S. Patent Application Publication No. 2006/0229506) hereinafter referred to as Castellanos; in view of Linder (U.S. Patent Application Publication No. 2007/0213619) hereinafter referred to as Linder.
Regarding claim 1, Farringdon teaches a method comprising:
using one or more sensors (¶[0026]) of a mobile monitoring device (Abstract, wearable), monitoring a user while the user engages in a sedentary activity (p. 19, Table 3, ¶[0135]);
wherein monitoring includes periodically determining values for a plurality of physiologic variables based on the one or more sensors (¶[0026] physiological parameters) wherein periodically determining values comprises using a light-based physiological monitor (¶[0104] pulse oximeter) to obtain vascular waveforms (¶¶[0103-0105]);
wherein the physiologic variables include at least the vascular waveform (¶¶[0103-0105]);
wherein determining values comprises performing waveform vascular analysis of the vascular waveforms to provide vascular function information including data representing vascular condition based on the waveform vascular analysis (¶¶[0103-0105], PTT is a value derived from waveform vascular analysis of the vascular waveforms as it is dependent on the pulse wave data from a pulse oximeter and blood pressure represents vascular condition and is based on the waveform vascular analysis), wherein performing waveform vascular analysis comprises analyzing one or more waveform characteristics of the vascular waveforms (¶[0104] pressure wave arrival, the pressure wave is a peak in the PPG signal), wherein the analyzing comprises analyzing one or more morphological characteristics of the vascular waveforms (¶[0104] pressure wave arrival is a morphological characteristic of a PPG signal);
providing the values of the physiologic variables to a computing device (¶[0095]).
Farringdon does teach generally suggesting routines to the user (¶¶[0030-0031]) but does not specify that the report is based on the physiologic variables.
Attention is drawn to the Castellanos reference, which teaches based on physiology variables, the computing device generating a report that recommends a regimen of one or more actions for the user (¶¶[0057-0058]).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the mobile monitoring device of Farringdon to include recommendations to the user, as taught by Castellanos, because the recommendations improve personal lifestyle choices and habits (Castellanos ¶[0190]).
Farringdon as modified does not teach wherein the one or more morphological characteristics include at least one of a waveform width and a waveform volume.
Attention is drawn to the Linder reference, which teaches a non-invasive PPG technique for analysis of vascular waveforms including morphological features, wherein the one or more morphological features include at least one of a waveform width and a waveform volume (¶[0040], Fig. 1, ¶[0048] width and area).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the morphological analysis of Farringdon as modified to include waveform width and waveform volume, as taught by Linder, because Linder teaches early warning of impending cardiac episodes due to additional feature analysis (Linder ¶[0029]).
Regarding claim 2, Farringdon as modified teaches the method of Claim 1.
Farringdon further teaches wherein the physiologic variables also include metrics indicative of rate of change in heartbeat (¶[0008] heart beat rate, p. 19 Table 2, rise time).
Regarding claim 3, Farringdon as modified teaches the method of Claim 1.
Farringdon further teaches wherein the vascular function information includes an indication of a relative condition of endothelium of the user (¶[0104] the tension of the arterial walls, and blood pressure is an indication of relative condition of endothelium of the user) derived from the one or more morphological characteristics of the vascular waveforms (for example, the peak arrival is detected by analysis of the signal to determine a peak which is a morphological analysis).
Regarding claim 4, Farringdon as modified teaches the method of Claim 1.
Farringdon further teaches wherein: the computing device is separate from the mobile monitoring device; the method further includes operatively connecting the mobile monitoring device to the computing device to transfer the values of the physiologic variables to the computer device (¶[0095]).
Regarding claim 9, Farringdon as modified teaches the method of Claim 1.
Farringdon further teaches wherein the physiologic variables further include two or more selected from a group that consists of: blood pressure (¶[0106]), pulse (¶[0105]), respiration (¶[0119]), oxygenation (¶[0105] oximeter), and vascular waveform (¶¶[0103-0105]).
Regarding claim 10, Farringdon teaches a method comprising:
using one or more sensors (¶[0026]) of a mobile monitoring device (Abstract, wearable), monitoring a user while the user engages in a physical activity (p. 19, Table 3, ¶[0135]);
wherein monitoring includes periodically determining measurement values for a plurality of physiologic variables based on the one or more sensors (¶[0026] physiological parameters), wherein periodically determining values comprises using a light-based physiological monitor (¶[0104] pulse oximeter) to obtain vascular waveforms (¶¶[0103-0105]);
wherein the physiologic variables include at least the vascular waveforms (¶¶[0103-0105]);
wherein determining values comprises performing waveform vascular analysis of the vascular waveforms to provide vascular function information including data representing vascular condition based on the waveform vascular analysis (¶¶[0103-0105], PTT is a value derived from waveform vascular analysis of the vascular waveforms as it is dependent on the pulse wave data from a pulse oximeter and blood pressure represents vascular condition and is based on the waveform vascular analysis); and
providing measurement values to a computing device (¶[0095]).
Farringdon does not teach storing goal values, wherein the goal values include a goal value for each of the physiologic variables; providing the measurement values and the goal values to a computing device; based on the measurement values and the goal values, the computing device generating a report that indicates whether goals associated with the goal values have been realized.
Attention is brought to the Castellanos reference, which teaches storing goal values (¶[0056], ¶[0076], ¶[0085]), wherein the goal values include a goal value for each of the physiologic variables (¶¶[0093-0094] normal vs abnormal physiology including for vascular waveforms); providing the measurement values and the goal values to a computing device (¶[0128]); based on the measurement values and the goal values, the computing device generating a report that indicates whether goals associated with the goal values have been realized (Fig. 2, ¶[0129]).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the mobile monitoring device of Farringdon to include goal setting and evaluation, as taught by Castellanos, because Castellanos teaches that goal setting can save time and money in the course of treatment, and increase the skills and effectiveness of the user in reversing or preventing cardiovascular disease (Castellanos ¶[0100]).
Regarding claim 11, Farringdon as modified teaches the method of Claim 10.
Farringdon further teaches wherein the physiologic variables also include metrics indicative of rate of change in heartbeat (¶[0008] heart beat rate).
Regarding claim 12, Farringdon as modified teaches the method of Claim 10.
Farringdon further teaches wherein physiologic variables also include metrics indicative of relative condition of endothelium of the user (¶[0104] the tension of the arterial walls, and blood pressure is indicative of relative condition of endothelium of the user).
Regarding claim 13, Farringdon as modified teaches the method of Claim 10.
Farringdon further teaches wherein the physiologic variables further include two or more selected from a group that consists of: blood pressure (¶[0106]), pulse (¶[0105]), respiration (¶[0119]), oxygenation (¶[0105] oximeter), and vascular waveform (¶¶[0103-0105]).
Regarding claim 14, Farringdon teaches a method comprising:
using one or more sensors (¶[0026]) of a mobile monitoring device (Abstract, wearable), monitoring a user while the user engages in a physical activity (p. 19, Table 3, ¶[0135]);
wherein monitoring includes periodically determining measurement values for a plurality of physiologic variables based on the one or more sensors (¶[0026] physiological parameters), wherein periodically determining values comprises using a light-based physiological monitor (¶[0104] pulse oximeter) to obtain vascular waveforms (¶¶[0103-0105]);
wherein the physiologic variables include at least the vascular waveforms (¶¶[0103-0105]);
wherein determining values comprises performing waveform vascular analysis of the vascular waveforms to provide vascular function information including data representing vascular condition based on the waveform vascular analysis (¶¶[0103-0105], PTT is a value derived from waveform vascular analysis of the vascular waveforms as it is dependent on the pulse wave data from a pulse oximeter and blood pressure represents vascular condition and is based on the waveform vascular analysis); and
while the user engages in the physical activity (¶[0095] in real time), the mobile monitoring device wirelessly transmitting the measurement values to a computing device (¶[0095]);
based on the measurement values, the computing device generating a report that indicates a state of the person at various points in time during the user's participation in the physical activity (¶[0158]).
Farringdon does not teach the state of the person is a health status of the user.
Attention is brought to the Castellanos reference, which teaches a health status of the user (¶[0058] vascular health analysis).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the mobile monitoring device of Farringdon to include vascular health status of the user, as taught by Castellanos, because it’s useful in achieving stress reduction, addressing weight problems, smoking cessation, and improving personal lifestyle choices and habits (Castellanos ¶[0020]).
Regarding claim 15, Farringdon as modified teaches the method of Claim 14.
Farringdon further teaches wherein the physiologic variables also include metrics indicative of rate of change in heartbeat (¶[0008] heart beat rate).
Regarding claim 16, Farringdon as modified teaches the method of Claim 14.
Farringdon further teaches wherein physiologic variables also include metrics indicative of relative condition of endothelium of the user (¶[0104] the tension of the arterial walls, and blood pressure is indicative of relative condition of endothelium of the user).
Regarding claim 17, Farringdon as modified teaches the method of Claim 14.
Castellanos further teaches wherein the report includes recommendations of actions that the user may take during the physical activity to improve health status (¶[0058], ¶¶[0101-0102] and ¶¶[0115-0116]).
Regarding claim 18, Farringdon as modified teaches the method of Claim 17.
Castellanos teaches further comprising causing the mobile monitoring device to display the recommendations (¶[0116]).
Regarding claim 19, Farringdon as modified teaches the method of Claim 14.
Farringdon teaches wherein the physiologic variables further include two or more selected from a group that consists of: blood pressure (¶[0106]), pulse (¶[0105]), respiration (¶[0119]), oxygenation (¶[0105] oximeter), and vascular waveform (¶¶[0103-0105]).
Regarding claim 20, Farringdon teaches a method comprising:
using one or more sensors (¶[0026]) of a mobile monitoring device (Abstract, wearable), monitoring a user (p. 19, Table 3, ¶[0135]);
wherein monitoring includes periodically determining measurement values for a plurality of physiologic variables based on the one or more sensors (¶[0026] physiological parameters), wherein periodically determining values comprises using a light-based physiological monitor (¶[0104] pulse oximeter) to obtain vascular waveforms (¶¶[0103-0105]);
wherein periodically determining measurement values include determining measurement values for at least:
a first time that is prior to admission to a medical facility (¶[0173]); and
a second time that is at or near time of admission to the medical facility (¶[0173], ¶[0177]);
wherein the physiologic variables include at least the vascular waveforms (¶¶[0103-0105]); and
wherein determining values comprises performing waveform vascular analysis of the vascular waveforms to provide vascular function information including data representing vascular condition based on the waveform vascular analysis (¶¶[0103-0105], PTT is a value derived from waveform vascular analysis of the vascular waveforms as it is dependent on the pulse wave data from a pulse oximeter and blood pressure represents vascular condition and is based on the waveform vascular analysis); and
providing, to a computing device, the measurement values obtained for the first time and the measurement values obtained for the second time (¶[0095], ¶[0174]);
Farringdon teaches a broadly recited diagnosis based on user parameters over time (¶[0174], ¶[0176], ¶[0177]), but does not teach generating a report that includes a diagnosis of an ailment.
Attention is brought to the Castellanos reference, which teaches generating a report that includes a diagnosis of an ailment (¶¶[0017-0020] evaluating a patient for vascular disease and giving a report with a treatment plan having an indication of vascular disease state).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the mobile monitoring device of Farringdon to include vascular health status of the user, as taught by Castellanos, because it’s useful in achieving stress reduction, addressing weight problems, smoking cessation, and improving personal lifestyle choices and habits (Castellanos ¶[0020]).
Regarding claim 21, Farringdon as modified teaches the method of Claim 20.
Farringdon further teaches wherein the physiologic variables also include metrics indicative of rate of change in heartbeat (¶[0008] heart beat rate).
Regarding claim 22, Farringdon as modified teaches the method of Claim 20.
Farringdon further teaches wherein physiologic variables also include metrics indicative of relative condition of endothelium of the user (¶[0104] the tension of the arterial walls, and blood pressure is indicative of relative condition of endothelium of the user).
Regarding claim 23, Farringdon as modified teaches the method of Claim 20.
Castellanos further teaches wherein the report further includes a list of one or more proposed actions to treat the ailment (¶[0094]).
Regarding claim 24, Farringdon as modified teaches the method of Claim 20.
Farringdon further teaches wherein the physiologic variables further include two or more selected from a group that consists of: blood pressure (¶[0106]), pulse (¶[0105]), respiration (¶[0119]), oxygenation (¶[0105] oximeter), and vascular waveform (¶¶[0103-0105]).
Claims 5-8 rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Farringdon, Castellanos, and Linder and as applied to claim 1 above, and further in view of Ellis et al. (U.S. Patent Application Publication No. 2004/0102931) hereinafter referred to as Ellis.
Regarding claims 5-8, Farringdon as modified teaches the method of Claim 1.
Farringdon as modified does not teach wherein the one or more actions includes an action that specifies a physical activity and a suggested duration of the physical activity; wherein the one or more actions includes an action that specifies an amount of water to consume; wherein the one or more actions includes an action that specifies an amount of a medication to consume; or wherein the one or more actions includes an action that specifies usage of a medical device.
Attention is drawn to the Ellis reference, which teaches wherein the one or more actions includes an action that specifies a physical activity and a suggested duration of the physical activity (¶[0334]);
wherein the one or more actions includes an action that specifies an amount of water to consume (¶[0064], ¶[0382]);
wherein the one or more actions includes an action that specifies an amount of a medication to consume (¶¶[0400-0401]); and
wherein the one or more actions includes an action that specifies usage of a medical device (¶[0400]).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the mobile monitoring device of Farringdon as modified to include additional recommendations to the user, as taught by Ellis, to improve the convenience of user activities (Ellis ¶[0003]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Application Publication No. 2006/0258924 to Al-Ali et al. teaches a non-invasive PPG technique including analysis of peak width and volume.
U.S. Patent Application Publication No. 2011/0009755 to Wenzel et al. teaches PPG waveform analysis techniques and discloses typical waveforms in Figs 1A-B (the term waveform as typically used in the art).
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 AMANDA L STEINBERG whose telephone number is (303)297-4783. The examiner can normally be reached Mon-Fri 8-4.
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/AMANDA L STEINBERG/ Examiner, Art Unit 3792
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