DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/23/2026 has been entered.
Status of Claims
Applicant's arguments, filed 04/23/2026, have been fully considered. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Applicants have amended their claims, filed 04/23/2026, and therefore rejections newly made in the instant office action have been necessitated by amendment.
Applicants have amended claims 1, 9, and 13.
Applicants have left claims 4-8, 11-12, and 15-20 as originally filed/previously presented.
Applicants have canceled/previously canceled claims 2-3, 10, and 14.
Claims 1, 4-9, 11-13, and 15-20 are the current claims hereby under examination.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections - Withdrawn
Response to Arguments
Applicant’s arguments, see page 1 of Remarks, filed 04/23/2026, with respect to claim 9 have been fully considered and are persuasive. Applicants have amended the claim rendering the objection moot. The claim objection of claim 9 has been withdrawn.
Claim Rejections - 35 USC § 103 - Newly Applied Necessitated by Applicant’s Amendments
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 4-9, 11-13, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wen et al. (US 20200170515 A1) (previously cited), hereinafter referred to as Wen, in view of Lazou et al. (US 20220087608 A1), hereinafter referred to as Lazou, in view of Schwartz et al. (US 20070219059 A1) (previously cited), hereinafter referred to as Schwartz, in view of Sazonov et al. (US 20110054359 A1) (previously cited), hereinafter referred to as Sazonov.
The claims are generally directed towards a sport and health cloud system comprising: a cloud server including an intelligent analysis module; a big data database electrically coupled to said cloud server, wherein said big data database employs a block chain technology as a communication mechanism; a wearable sensing circuit for collecting at least one of heart sound information, electrocardiograms, lung sound information, blood pressure, blood glucose level and blood oxygen saturation level; an insole-type sensing circuit for collecting at least foot information; and a mobile device, for connecting to said cloud server, wherein said wearable sensing circuit and said insole-type sensing circuit are for connecting to said mobile device to transmit collected data to said cloud service for being analyzed by said intelligent analysis module, in order to obtain health and exercise data for facilitating an assessment of health status and exercise intensity; wherein said wearable sensing circuit includes an internet of things wearable stethoscope for performing: in response to a connection to said mobile device, performing real-time monitoring online to said heart sound information; and in response to disconnection from said mobile device, recording said heart sound information offline; wherein said mobile device is set with an emergency contact person, and said mobile device is for displaying said heart sound information analyzed by said intelligent analysis module which is indicated with a normal state, an abnormal state or an emergency state, and is for issuing a warning for said abnormal state and said emergency state to said emergency contact person.
Regarding claim 1, Wen discloses a sport and health cloud system (Abstract, “system … for monitoring heart failure …”, Fig. 1, Fig. 2, Fig. 3, para. [0006]) comprising:
a cloud server including an intelligent analysis module (Fig. 1, element 124, para. [0051], “external system may include … a remote server-based patient management system …”, para. [0053], “remote device may include a centralized server acting as a central hub for collected patient data storage and analysis …”);
a big data database electrically coupled to said cloud server (Fig. 1, element 124, para. [0053], “remote device may include a centralized server acting as a central hub for collected patient data storage and analysis …”);
a wearable sensing circuit for collecting at least one of heart sound information, electrocardiograms, lung sound information, blood pressure, blood glucose level and blood oxygen saturation level (Fig. 2, element 210, para. [0048], para. [0057], “sensor circuit may be coupled to an implantable, wearable, or otherwise ambulatory sensor or electrodes associated with the patient … sense at least one physiologic or functional signal … electrocardiography … heart rate signal … arterial pressure signal … blood oxygen saturation signal … heart sound signal … glucose level …”);
an insole-type sensing circuit for collecting at least foot information (Fig. 3, element 303, para. [0074], “motion sensors may include … an apparel-mounted sensor … may be mounted on a garment, a footwear … include insole force sensor for placement inside a shoe or a boot …”, para. [0077], “extract one or more moto activity features … gait, balance, posture, physical activity, or range of motion …”); and
a mobile device, for connecting to said cloud server, wherein said wearable sensing circuit and said insole-type sensing circuit are for connecting to said mobile device to transmit collected data to said cloud server for being analyzed by said intelligent analysis module, in order to obtain health and exercise data for facilitating an assessment of health status and exercise intensity (Fig. 1, element 125, Fig. 2, Fig. 3, Fig. 8, para. [0052], “external system may include an external device … a remote device … in communication with the external device via a telecommunication network …”, para. [0066], “detect patient HF status … reduced walking capacity and poor exercise tolerance …”, para. [0069], “heart failure detector circuit may detected HF status … using a combination of the gait feature and the physiological signal metrics …”, para. [0096], “machine may be a … a mobile telephone …”);
wherein said mobile device is set with an emergency contact person, and said mobile device is for displaying said heart sound information analyzed by said intelligent analysis module which is indicated with a normal state, an abnormal state or an emergency state, and is for issuing a warning for said abnormal state and said emergency state to said emergency contact person (para. [0053-0054], “remote device may generate an alert notification … phone or pager call … output unit may generate alerts, alarms, emergency calls, or other forms of warnings to signal the system user about the WHF detection or WHF risk …”, para. [0094], “the detected HF status or the WHF risk indicator may be output to a user … displayed on a display screen of the user interface …”, para. [0096], “machine may be a … a mobile telephone …”).
However, Wen does not explicitly disclose wherein said big data database employs a block chain technology as a communication mechanism.
Lazou teaches an analogous sport and health cloud system (Abstract, Fig. 1, para. [0010]), including a cloud server including an intelligent analysis module and a big data database electrically coupled to said cloud server (Fig. 1, para. [0059-0065]), a wearable sensing circuit for collecting at least one of heart sound information, electrocardiograms, lung sound information, blood pressure, blood glucose and blood oxygen saturation level; and an insole-type sensing circuit for collecting at least foot information (Fig. 2A, para. [0066-0068]). Lazou further teaches the big data database employs a block chain technology as a communication mechanism (Fig. 1, element 170, para. [0059-0060], para. [0065], para. [0087], para. [0108]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the big data database disclosed by Wen to additionally employ a block chain technology as a communication mechanism, as taught by Lazou. This is because Lazou teaches utilizing block chain technology as a communication mechanism allows for data to be securely stored as unfalsifiable, traceable, and time-stamped permanent records, ensuring patient data is secure (para. [0059-0060], para. [0065], para. [0087], para. [0108]).
Wen suggests, but does not explicitly disclose wherein said wearable sensing circuit includes an internet of things wearable stethoscope. Wen suggests this because in at least para. [0048] and [0057] it is disclosed that the ambulatory device, which is connected to an external system, includes a sensor circuit to measure a physiologic or functional signal from the patient including a heart sound signal.
However, modified Wen does not explicitly disclose wherein said wearable sensing circuit includes an internet of things wearable stethoscope for performing real-time monitoring online to said heart sound information.
Schwartz teaches an analogous system including a wearable sensing device and a device for collecting foot information (Abstract, Fig. 2A, Fig. 3A, para. [0002], para. [0005-0006], para. [0075]). Schwartz further teaches the wearable sensing circuit includes an internet of things wearable stethoscope for performing real-time monitoring online to said heart sound information (para. [0048], “real-time diagnosis”, para. [0072], para. [0122], para. [0129], “acoustic sensors can be … electronic stethoscopes … outputs will be connected to the data acquisition unit …”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system and wearable sensing device taught by modified Wen to additionally include an internet of things wearable stethoscope for performing real-time monitoring online to said heart sound information, as taught by Schwartz. This is because Schwartz teaches acoustic sensors, including electronic stethoscopes, are sufficiently sensitive to acquire body sounds, including heart and lung sounds (para. [0129]).
However, modified Wen does not explicitly disclose in response to a connection to said mobile device, performing the real-time monitoring online; and in response to disconnection from said mobile device, recording said heart sound information offline.
Sazonov teaches an analogous sport and health cloud system (Abstract, Fig. 1C) comprising a wearable sensing circuit for collecting physiological information (Fig. 1C, element 121, para. [0041]) and an insole-type sensing device for collecting foot information (Fig. 1C, element 101, 201, 103, 203, para. [0037-0040]). Sazonov further teaches in response to a connection to said mobile device, performing real-time monitoring online; and in response to disconnection from said mobile device, recording information offline (Fig. 6, para. [0078], “connected to the processing device … transmitter may transmit the pressure and acceleration data … determines that the transmitter is not connected to the processor device … store the data in a storage device for later transmission …”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the wearable sensing circuit taught by modified Wen to additionally in response to a connection to said mobile device, performing the real-time monitoring online; and in response to disconnection from said mobile device, recording said heart sound information offline, as taught by Sazonov. This is because Sazonov teaches storing information for later transmission even though the device is not connected to the processing device allows for health information to still be obtained, and processing and transmission to occur at a later time (para. [0078]), thereby improving health monitoring and the wearable sensing circuit in the same way.
Regarding claim 4, modified Wen discloses the system of claim 3, wherein said mobile device is further set with an ambulance service, a police department or an insurance company for designating a medical service unit, an emergency rescue or a rescue network in advance (para. [0045], “portions of the system may be disposed in … a hospital …”, para. [0053-0054], “alert notifications … to emergency services and to the clinician … WFH risk to … a clinician”).
Regarding claim 5, modified Wen discloses the system of claim 1, wherein said foot information is displayed in real time by said mobile device to analyze a personal movement or exercise, and establish a relationship between said exercise and a foot pressure (Fig. 1, Fig. 3, para. [0051], “external system may include real-time … physiological data from the patient …”, para. [0070], “user interface may include a display unit and a user input device … display unit may be configured to display sensed gait or balance signal or other moto activity signals or physiologic signals …”, para. [0074], “insole force sensor for placement inside a shoe or a boot …”, para. [0077], “extract one or more motor activity features, such as gait, balance, posture, physical activity, or range of motion …”, para. [0078-0080]).
Regarding claim 6, modified Wen discloses the system of claim 1, wherein said insole-type sensing circuit includes a pressure sensor, an infrared sensor, an accelerometer, a gyroscope, a GPS or any combination thereof (para. [0058], para. [0074], “insole force sensor for placement inside a shoe or a boot … insole force sensor may take the form of a strain gauge, piezoelectric sensor, or capacitive sensor, among others …”, para. [0075]).
Regarding claim 7, modified Wen discloses the system of claim 6, wherein said analyzed data includes one or any combination of following: a foot pressure distribution, a weight ratio of feet, a gait, a stride frequency and a pressure center (para. [0077], “motor activity feature generator may extract one or more motor activity features, such as gait, balance, posture, physical activity, or range of motion …”).
Regarding claim 8, modified Wen discloses the system of claim 1, wherein said collected data stored in said mobile device or said big data database is used for health management or used by a third party (para. [0045], para. [0051], para. [0053], “generate an alert … to a clinician”, para. [0054], para. [0069], “heart failure detector circuit may detected HF status … using a combination of the gait feature and the physiological signal metrics …”).
Regarding claim 9, modified Wen discloses the system of claim 8, wherein said third party includes a hospital, an insurance company, a senior person center or a brand manufacture (para. [0045], “portions of the system may be disposed in … a hospital …”, para. [0053-0054], “alert notifications … to emergency services and to the clinician … WFH risk to … a clinician”).
Regarding claim 11, modified Wen discloses the system of claim 1, wherein said collected data is analyzed by said intelligent analysis module to obtain accurate sport and health information which is used by an insurance company or a hospital to facilitate insurance risk analysis, or hospital treatment evaluation (para. [0053-0054], “alert notifications … emergency services and to the clinician … clinician may review, perform further analysis …”, para. [0066], “heart failure detector circuit, coupled to the gait analyzer circuit, may be configured to detect patient HF status …”).
Regarding claim 12, modified Wen discloses the system of claim 1, wherein said wearable sensing circuit or said insole-type sensing circuit is further configured to collect information of at least one of foot exercise, ankle exercise, knee exercise or hand exercise (para. [0061-0065], “gait, balance, posture, physical activity, range of motion … walking speed trend, stride length trend, stride width trend, swing time trend, cadence trend …”).
Regarding claim 13, Wen discloses a sport and health cloud system (Abstract, “system … for monitoring heart failure …”, Fig. 1, Fig. 2, Fig. 3, para. [0006]) comprising:
a cloud server including an intelligent analysis module (Fig. 1, element 124, para. [0051], “external system may include … a remote server-based patient management system …”, para. [0053], “remote device may include a centralized server acting as a central hub for collected patient data storage and analysis …”);
a big data database electrically coupled to said cloud server (Fig. 1, element 124, para. [0053], “remote device may include a centralized server acting as a central hub for collected patient data storage and analysis …”);
a wearable sensing circuit for detecting physiological data including heart sound information (Fig. 2, element 210, para. [0048], para. [0057], “sensor circuit may be coupled to an implantable, wearable, or otherwise ambulatory sensor or electrodes associated with the patient … sense at least one physiologic or functional signal … electrocardiography … heart rate signal … arterial pressure signal … blood oxygen saturation signal … heart sound signal … glucose level …”);
an exercise sensing circuit for collecting exercise information (Fig. 3, element 303, para. [0074], “motion sensors may include … an apparel-mounted sensor … may be mounted on a garment, a footwear … include insole force sensor for placement inside a shoe or a boot …”, para. [0077], “extract one or more moto activity features … gait, balance, posture, physical activity, or range of motion …”); and
a mobile device, for connecting to said cloud server, wherein said wearable sensing circuit and said exercise sensing circuit are for connecting to said mobile device to transmit collected data to said cloud server for being analyzed by said intelligent analysis module, in order to obtain health and exercise data for facilitating an assessment of health status and exercise intensity (Fig. 1, element 125, Fig. 2, Fig. 3, Fig. 8, para. [0052], “external system may include an external device … a remote device … in communication with the external device via a telecommunication network …”, para. [0066], “detect patient HF status … reduced walking capacity and poor exercise tolerance …”, para. [0069], “heart failure detector circuit may detected HF status … using a combination of the gait feature and the physiological signal metrics …”, para. [0096], “machine may be a … a mobile telephone …”);
wherein said mobile device is set with an emergency contact person, and said mobile device is for displaying said heart sound information analyzed by said intelligent analysis module which is indicated with a normal state, an abnormal state or an emergency state, and is for issuing a warning for said abnormal state and said emergency state to said emergency contact person (para. [0053-0054], “remote device may generate an alert notification … phone or pager call … output unit may generate alerts, alarms, emergency calls, or other forms of warnings to signal the system user about the WHF detection or WHF risk …”, para. [0094], “the detected HF status or the WHF risk indicator may be output to a user … displayed on a display screen of the user interface …”, para. [0096], “machine may be a … a mobile telephone …”).
However, Wen does not explicitly disclose wherein said big data database employs a block chain technology as a communication mechanism.
Lazou teaches an analogous sport and health cloud system (Abstract, Fig. 1, para. [0010]), including a cloud server including an intelligent analysis module and a big data database electrically coupled to said cloud server (Fig. 1, para. [0059-0065]), a wearable sensing circuit for detecting physiological data; and an exercise sensing circuit for collecting exercise information (Fig. 2A, para. [0066-0068]). Lazou further teaches the big data database employs a block chain technology as a communication mechanism (Fig. 1, element 170, para. [0059-0060], para. [0065], para. [0087], para. [0108]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the big data database disclosed by Wen to additionally employ a block chain technology as a communication mechanism, as taught by Lazou. This is because Lazou teaches utilizing block chain technology as a communication mechanism allows for data to be securely stored as unfalsifiable, traceable, and time-stamped permanent records, ensuring patient data is secure (para. [0059-0060], para. [0065], para. [0087], para. [0108]).
Wen suggests, but does not explicitly disclose wherein said wearable sensing circuit includes an internet of things wearable stethoscope. Wen suggests this because in at least para. [0048] and [0057] it is disclosed that the ambulatory device, which is connected to an external system, includes a sensor circuit to measure a physiologic or functional signal from the patient including a heart sound signal.
However, modified Wen does not explicitly disclose wherein said wearable sensing circuit includes an internet of things wearable stethoscope for performing real-time monitoring online to said heart sound information.
Schwartz teaches an analogous system including a wearable sensing device and a device for collecting foot information (Abstract, Fig. 2A, Fig. 3A, para. [0002], para. [0005-0006], para. [0075]). Schwartz further teaches the wearable sensing circuit includes an internet of things wearable stethoscope for performing real-time monitoring online to said heart sound information (para. [0048], “real-time diagnosis”, para. [0072], para. [0122], para. [0129], “acoustic sensors can be … electronic stethoscopes … outputs will be connected to the data acquisition unit …”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system and wearable sensing device taught by modified Wen to additionally include an internet of things wearable stethoscope for performing real-time monitoring online to said heart sound information, as taught by Schwartz. This is because Schwartz teaches acoustic sensors, including electronic stethoscopes, are sufficiently sensitive to acquire body sounds, including heart and lung sounds (para. [0129]).
However, modified Wen does not explicitly disclose in response to a connection to said mobile device, performing the real-time monitoring online; and in response to disconnection from said mobile device, recording said heart sound information offline.
Sazonov teaches an analogous sport and health cloud system (Abstract, Fig. 1C) comprising a wearable sensing circuit for collecting physiological information (Fig. 1C, element 121, para. [0041]) and an insole-type sensing device for collecting foot information (Fig. 1C, element 101, 201, 103, 203, para. [0037-0040]). Sazonov further teaches in response to a connection to said mobile device, performing real-time monitoring online; and in response to disconnection from said mobile device, recording information offline (Fig. 6, para. [0078], “connected to the processing device … transmitter may transmit the pressure and acceleration data … determines that the transmitter is not connected to the processor device … store the data in a storage device for later transmission …”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the wearable sensing circuit taught by modified Wen to additionally in response to a connection to said mobile device, performing the real-time monitoring online; and in response to disconnection from said mobile device, recording said heart sound information offline, as taught by Sazonov. This is because Sazonov teaches storing information for later transmission even though the device is not connected to the processing device allows for health information to still be obtained, and processing and transmission to occur at a later time (para. [0078]), thereby improving health monitoring and the wearable sensing circuit in the same way.
Regarding claim 15, modified Wen discloses the system of claim 13, wherein said mobile device is set with an ambulance service, a police department or an insurance company for designating a medical service unit, an emergency rescue or a rescue network in advance (para. [0045], “portions of the system may be disposed in … a hospital …”, para. [0053-0054], “alert notifications … to emergency services and to the clinician … WFH risk to … a clinician”).
Regarding claim 16, modified Wen discloses the system of claim 13, wherein said exercise information includes collects a foot information which is displayed in real time by said mobile device to analyze a personal movement or exercise, and establish a relationship between said exercise and a foot pressure (Fig. 1, Fig. 3, para. [0051], “external system may include real-time … physiological data from the patient …”, para. [0070], “user interface may include a display unit and a user input device … display unit may be configured to display sensed gait or balance signal or other moto activity signals or physiologic signals …”, para. [0074], “insole force sensor for placement inside a shoe or a boot …”, para. [0077], “extract one or more motor activity features, such as gait, balance, posture, physical activity, or range of motion …”, para. [0078-0080]).
Regarding claim 17, modified Wen discloses the system of claim 13, wherein said exercise sensing circuit includes a pressure sensor, an infrared sensor, an accelerometer, a gyroscope, a GPS or any combination thereof (para. [0058], para. [0074], “insole force sensor for placement inside a shoe or a boot … insole force sensor may take the form of a strain gauge, piezoelectric sensor, or capacitive sensor, among others …”, para. [0075]).
Regarding claim 18, modified Wen discloses the system of claim 17, wherein said analyzed data includes one or any combination of following: a foot pressure distribution, a weight ratio of feet, a gait, a stride frequency and a pressure center (para. [0077], “motor activity feature generator may extract one or more motor activity features, such as gait, balance, posture, physical activity, or range of motion …”).
Regarding claim 19, modified Wen discloses the system of claim 13, wherein said collected data stored in said mobile device or said big data database is used for health management or used by a third party (para. [0045], para. [0051], para. [0053], “generate an alert … to a clinician”, para. [0054], para. [0069], “heart failure detector circuit may detected HF status … using a combination of the gait feature and the physiological signal metrics …”).
Regarding claim 20, modified Wen discloses the system of claim 19, wherein said third party includes a hospital, an insurance company, a senior person center or a brand manufacturer (para. [0045], “portions of the system may be disposed in … a hospital …”, para. [0053-0054], “alert notifications … to emergency services and to the clinician … WFH risk to … a clinician”).
Response to Arguments
Applicant’s arguments regarding the amended limitation of “wherein said big data database employs a block chain technology as a communication mechanism”, see pages 1-2 of Remarks, filed 04/23/2026, with respect to the rejection(s) of claim(s) 1, 4-13, and 15-20 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of in view of Lazou et al. (US 20220087608 A1), hereinafter referred to as Lazou.
Applicant's arguments, filed 04/23/2026, regarding “wherein said mobile device is set with an emergency contact person … and is for issuing a warning for said abnormal state and said emergency state to said emergency contact person” have been fully considered but they are not persuasive.
Applicants have argued on pages 2-3 of Remarks, filed 04/23/2026, “Wen does not teach that the system user of the remote device 124 can customize or manually select an emergency contact person or an institution that receives the alert notification and enter such person or institution into the remote device 124 …”.
Applicants arguments are not commensurate in scope with the claimed invention. The claims do not require user interaction with the cloud system and/or the mobile device to customize or manually select an emergency contact person or an institution.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE W KRETZER whose telephone number is (571)272-1907. The examiner can normally be reached Monday through Friday 8:30 AM to 5:30 PM.
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/K.W.K./Examiner, Art Unit 3791
/JASON M SIMS/Supervisory Patent Examiner, Art Unit 3791
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