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 .
Status of Claims
Applicant's arguments, filed 08/12/2026, 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 08/12/2026, and therefore rejections newly made in the instant office action have been necessitated by amendment.
Applicants have amended claims 1 and 13.
Applicants have left claims 4-7, 11-12, and 15-18 as originally filed/previously presented.
Applicants have canceled/previously canceled claims 2-3, 8-10, 14, and 19-20.
Claims 1, 4-7, 11-13, and 15-18 are the current claims hereby under examination.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/01/2026 is being considered by the examiner.
Claim Objections – Newly Applied Necessitated by Applicant’s Amendments
Claims 4, 11, and 15 are objected to because of the following informalities:
Regarding claim 4, line 2 recites “an insurance company”, however it appears it should read --the insurance company-- (emphasis added).
Regarding claim 11, line 3 recites “an insurance company”, however it appears it should read --the insurance company-- (emphasis added).
Regarding claim 15, line 2 recites “an insurance company”, however it appears it should read --the insurance company-- (emphasis added).
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 called 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, 4-7, 11-13, and 15-18 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 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; 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 for being set up with an emergency contact person by a user through an application program of said mobile device, 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, wherein said collected data stored in said mobile device or said big data database is used by a third party, and said third party includes an insurance company, a senior person center, or a brand manufacturer.
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 detect 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 for being set up with an emergency contact person by a user through an application program of said mobile device (para. [0070], “user interface may include a display unit and a user input device … enter information about patient information such as … other medical information …”, para. [0096], “machine … mobile telephone … executing instructions that specify actions to be taken by that machine …” – the machine (i.e., mobile telephone) executing instructions (i.e., an application) is configured of receiving information entered by the user, where the information entered includes other medical information (i.e., emergency contact information)), 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 … emergency calls … may be generated”, para. [0096], “machine may be a … a mobile telephone …”),
wherein said collected data stored in said mobile device or said big data database is used by a third party, and said third party includes an insurance company, a senior person center, or a brand manufacturer (para. [0045], “portions of the system may be disposed in … a clinic or a physician’s office …”, para. [0051], para. [0053], “generate an alert … to a clinician”, para. [0054], para. [0069], “heart failure detector circuit may detect HF status … using a combination of the gait feature and the physiological signal metrics …”, para. [0053-0054], “alert notifications … to emergency services and to the clinician … WFH risk to … a clinician” – a clinic being “a senior person center”. Also, “a senior person center” and “an insurance company” include “physicians” and/or “clinicians” being alerted).
In addition, in regard to the limitations of “said mobile device is for being set up with an emergency contact person by a user through an application program of said mobile device …” and “said collected data … is used by a third party, and said third party includes an insurance company, a senior person center, or a bran manufacturer”, it is considered an intended use of the claimed device. Such a limitation does not further limit the structure of the claimed device. There is no recitation in the claim what structural limitation is configured to be set up by a user for inputting an emergency contact person and no structural limitation regarding the use of the data by the third party. As Wen teaches a mobile device running an application that is configured to receive user input, including additional health information, and the mobile device is configured to transmit collected information to other locations, including clinicians for user, it is considered reading on the limitation of “said mobile device is for being set up with an emergency contact person by a user through an application program of said mobile device …” and “said collected data … is used by a third party, and said third party includes an insurance company, a senior person center, or a bran manufacturer”. For the above consideration, see MPEP § 2114.II: "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
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”, para. [0070], “user interface may include a display unit and a user input device … enter information about patient information such as … other medical information …”).
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 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 detect 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 for being set up with an emergency contact person by a user through an application program of said mobile device (para. [0070], “user interface may include a display unit and a user input device … enter information about patient information such as … other medical information …”, para. [0096], “machine … mobile telephone … executing instructions that specify actions to be taken by that machine …” – the machine (i.e., mobile telephone) executing instructions (i.e., an application) is configured of receiving information entered by the user, where the information entered includes other medical information (i.e., emergency contact information)), 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 … emergency calls … may be generated”, para. [0096], “machine may be a … a mobile telephone …”),
wherein said collected data stored in said mobile device or said big data database is used by a third party, and said third party includes an insurance company, a senior person center, or a brand manufacturer (para. [0045], “portions of the system may be disposed in … a clinic or a physician’s office …”, para. [0051], para. [0053], “generate an alert … to a clinician”, para. [0054], para. [0069], “heart failure detector circuit may detect HF status … using a combination of the gait feature and the physiological signal metrics …”, para. [0053-0054], “alert notifications … to emergency services and to the clinician … WFH risk to … a clinician” – a clinic being “a senior person center”. Also, “a senior person center” and “an insurance company” include “physicians” and/or “clinicians” being alerted).
In addition, in regards to the limitations of “said mobile device is for being set up with an emergency contact person by a user through an application program of said mobile device …” and “said collected data … is used by a third party, and said third party includes an insurance company, a senior person center, or a bran manufacturer”, it is considered an intended use of the claimed device. Such a limitation does not further limit the structure of the claimed device. There is no recitation in the claim what structural limitation is configured to be set up by a user for inputting an emergency contact person and no structural limitation regarding the use of the data by the third party. As Wen teaches a mobile device running an application that is configured to receive user input, including additional health information, and the mobile device is configured to transmit collected information to other locations, including clinicians for user, it is considered reading on the limitation of “said mobile device is for being set up with an emergency contact person by a user through an application program of said mobile device …” and “said collected data … is used by a third party, and said third party includes an insurance company, a senior person center, or a bran manufacturer”. For the above consideration, see MPEP § 2114.II: "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
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”, para. [0070], “user interface may include a display unit and a user input device … enter information about patient information such as … other medical information …”).
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 …”).
Response to Arguments
Applicant's arguments filed 08/12/2026 have been fully considered but they are not persuasive.
Applicants have argued on pages 1-3 of Remarks, filed 08/12/2026, that “Wen fails to teach or suggest that the user interacts with an application program on the mobile device to proactively customize and set up an emergency contact person …” and “Wen does not mention or suggest sharing data with an insurance company, a senior person center, or a brand manufacturer”.
The Examiner respectfully disagrees. As reiterated above, Wen explicitly discloses a mobile device is configured to receive inputs from a user through a user interface of the mobile device to receive medical information (para. [0070], para. [0096]). The broadest reasonable interpretation of “other medical information” includes a patients emergency contact person or emergency contact information. Further, Wen explicitly discloses sharing data with clinics and/or physicians (para. [0045], para. [0051], para. [0053-0054], para. [0069]). The broadest reasonably interpretation of “clinics” and/or “physicians” includes senior person centers and insurance companies.
In addition, in response to applicant's argument that “Wen fails to teach or suggest that the user interacts with an application program on the mobile device to proactively customize and set up an emergency contact person” and “collected data … used by a third party … insurance company, a senior person center, or a brand manufacturer”, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See the rejection above.
Applicants have argued on page 3 of Remarks, filed 08/12/2026, that “Wen fails to teach or suggest combining gait or food data with physiological signals (such as heart sound information) to generate exercise data for the assessment of exercise intensity”.
The Examiner respectfully disagrees. The claims currently do not further limit what the analysis performed by said intelligent analysis module to obtain health and exercise data for facilitating an assessment of health status and exercise intensity. As reiterated above, Wen discloses receiving heart sound information and foot information (para. [0048], para. [0057], para. [0074], para. [0077]), and performing analysis on the heart sound information and foot information for facilitating an assessment of health status and exercise intensity (para. [0066], “detect patient HF status … reduced walking capacity and poor exercise tolerance …”, para. [0069], “detected HF status … using a combination of the gait feature and the physiological signal metrics”) (emphasis added). The broadest reasonable interpretation of “obtaining health and exercise data for facilitating an assessment of health status and exercise intensity” includes detecting heart failure of a patient and exercise intensity or duration.
Applicants have argued on pages 3-5 of Remarks, filed 08/12/2026, that “Combining the offline recording and delayer transmission mechanism of Sazonov with the wearable stethoscope of Schwartz would defeat the intended purposes of Schwartz’s invention … Schwartz is fundamentally directed to the “continuous monitoring” …”.
The Examiner respectfully disagrees. Schwartz explicitly teaches data can be input and analysis can be performed after testing (para. [0101], para. [0109]). That is, Schwartz contemplates embodiments were data collection is performed in real time, however, the analysis is performed or updated at a later date. As reiterated above, one of ordinary skill in the art would recognize that modified Wen can further be modified to perform real-time monitoring in response to connection with a mobile device, or store the real-time recorded heart sound information for analysis at a later date, as taught by Sazonov (para. [0078]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Myers et al. (US 20190012895 A1) – discloses an input device enabling a user to enter contact information of another individual for sending or forwarding an alert (para. [0046])
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 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.
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, Jason M Sims can be reached at (571)272-7540. 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.
/K.W.K./Examiner, Art Unit 3791
/JASON M SIMS/Supervisory Patent Examiner, Art Unit 3791
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