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 .
Applicant’s arguments filed in the reply on May 27, 2026 were received and fully considered. Claims 1, 4-5, 14, and 19 were amended. Claims 16-18 were cancelled. Claims 21-23 are added. Please see below for more detail.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-11, 14-16, and 18-23 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Regarding Claim 1, the claim(s) recites “calculate a urine volume in the toilet bowl based on the temperature in the toilet bowl over a time interval defined by the initial time value and the final time value defined by the audio detected from the microphone and configured to calculate a flow rate based on the urine volume” which amounts to an abstract idea (mental process).
This judicial exception is not integrated into a practical application because:
- The claims fail to outline an improvement to the technical field.
- The claims fail to apply the judicial exception to effect a particular treatment.
- The claims fail to apply the judicial exception with a particular machine.
- The claims fail to effect a transformation or reduction of a particular article to a different state or thing.
Next, the claim as a whole is analyzed to determine whether any element or a combination of elements, integrates judicial exception into a practical application.
For this part of the 101 analysis, the following additional limitations are considered:
“a microphone mounted to the toilet and configured to detect an initial time value based on audio from the urine flow and detect a final time value based on the audio from the urine flow;”
“a temperature sensor configured to detect a temperature in the toilet bowl associated with the urine flow;”
The additional elements are insufficient to amount to significantly more than the judicial exception because they seem to merely generally link the use of the judicial exception to a particular technological environment.
Moreover, the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because they pertain merely to insignificant extrasolution data gathering activities.
Furthermore, microphones and temperature sensors are general field of use and controllers are generic computer elements used to perform generic computer functions and don’t add significantly more and are well-understood, routine, and previously known to the industry.
None of these limitations, considered as an ordered combination provide eligibility because the claim taken as a whole, does not amount to significantly more than the underlying abstract idea of predicting urine volume and urine flow rate from changes in temperature data with automatic identification of urination from audio data and does not purport to improve the functioning of the signal processing, or to improve any other technology or technical field. Use of a generic signal processing does not amount to significantly more than the abstract idea itself. Dependent claims 2-11 and 14-15 also do not add significantly more to the exception as they merely add details to the mental steps, add details to the extrasolution data gathering steps, add general field of use components to facilitate the extrasolution data gathering, and add mental steps. Claims 3 and 14 are specifically noted as amounting to a combination of mental process and mathematical relationships.
Regarding Claim 19, the claim(s) recites “calculating a urine volume in the toilet bowl based on the temperature in the toilet bowl and on at least one time interval from the initial time value and the final time value from the audio of the urine flow; and
calculating a flow rate based, at least in part, on the urine volume.” which amounts to an abstract idea (mental process).
This judicial exception is not integrated into a practical application because:
- The claims fail to outline an improvement to the technical field.
- The claims fail to apply the judicial exception to effect a particular treatment.
- The claims fail to apply the judicial exception with a particular machine.
- The claims fail to effect a transformation or reduction of a particular article to a different state or thing.
Next, the claim as a whole is analyzed to determine whether any element or a combination of elements, integrates judicial exception into a practical application.
For this part of the 101 analysis, the following additional limitations are considered:
“receiving data for a temperature in the toilet bowl associated with the urine flow;”
“receiving data for audio of a urine flow into a toilet bowl;”
“identifying an initial time value and a final time value from the data for audio of a urine flow;”
The additional elements are insufficient to amount to significantly more than the judicial exception because they seem to merely generally link the use of the judicial exception to a particular technological environment.
Moreover, the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because they pertain merely to insignificant extrasolution data gathering activities.
None of these limitations, considered as an ordered combination provide eligibility because the claim taken as a whole, does not amount to significantly more than the underlying abstract idea of predicting urine volume and urine flow rate from changes in temperature data with automatic identification of urination from audio data and does not purport to improve the functioning of the signal processing, or to improve any other technology or technical field. Use of a generic signal processing does not amount to significantly more than the abstract idea itself.
Regarding Claim 21, the claim(s) recites “calculate a urine volume based on a heat exchange indicated by temperature data;
determine a total urination duration time based on identifying a start time and an end time of urination from the audio; and
calculate an average urine flow rate by dividing the calculated urine volume by the determined total urination duration time.” which amounts to an abstract idea (mental process).
This judicial exception is not integrated into a practical application because:
- The claims fail to outline an improvement to the technical field.
- The claims fail to apply the judicial exception to effect a particular treatment.
- The claims fail to apply the judicial exception with a particular machine.
- The claims fail to effect a transformation or reduction of a particular article to a different state or thing.
Next, the claim as a whole is analyzed to determine whether any element or a combination of elements, integrates judicial exception into a practical application.
For this part of the 101 analysis, the following additional limitations are considered:
“a microphone configured to detect an audio from the urine flow;”
“a temperature sensor mounted to a toilet bowl and configured to detect a temperature in the toilet bowl associated with the urine flow;
The additional elements are insufficient to amount to significantly more than the judicial exception because they seem to merely generally link the use of the judicial exception to a particular technological environment.
Moreover, the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because they pertain merely to insignificant extrasolution data gathering activities.
Furthermore, microphones and temperature sensors are general field of use and controllers are generic computer elements used to perform generic computer functions and don’t add significantly more and are well-understood, routine, and previously known to the industry.
None of these limitations, considered as an ordered combination provide eligibility because the claim taken as a whole, does not amount to significantly more than the underlying abstract idea of predicting urine volume and urine flow rate from changes in temperature data with automatic identification of urination from audio data and does not purport to improve the functioning of the signal processing, or to improve any other technology or technical field. Use of a generic signal processing does not amount to significantly more than the abstract idea itself. Dependent claims 22-23 also do not add significantly more to the exception as they merely add details to the mental steps, add details to the extrasolution data gathering steps, add general field of use components to facilitate the extrasolution data gathering, and add mental steps.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 4-5, 7-11, 19, and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hidas (US 2017/0086728) in view of Tsuruoka et al (US 2019/0212322) (“Tsuruoka”).
Regarding Claim 1, while Hidas teaches an apparatus for measurement of urine flow into a toilet bowl of a toilet (Abstract, Figs. 1 and 4A, [0064]-[0065] apparatus 100 mounted in toilet bowl 200), the apparatus comprising:
a microphone mounted to the toilet and configured to detect an initial time value based on audio from the urine flow and detect a final time value based on the audio from the urine flow ([0054] a microphone receives signals indicative of the urination flow in each urination session, [0061] where the microphone may be embedded in apparatus 100 and wirelessly transmits data to a mobile device of a user, [0081] where the monitoring uses the microphone to automatically identify the beginning of urination and ending of a recording session);
a secondary sensor configured to detect a value in the toilet bowl associated with the urine flow ([0063]-[0064], [0076], [0109]-[0114] a secondary sensor for sensing urine quantity may be used along with audio collecting steps, and used jointly to identify flow rate);
a controller configured to calculate a urine volume in the toilet bowl based on the value in the toilet bowl over a time interval defined by the initial time value and the final time value defined by the audio detected from the microphone and configured to calculate a flow rate based on the urine volume ([0074]-[0076], [0079], [0109]-[0114] a user mobile device provides data calculation on the basis of received data, the data calculation performed by the mobile device’s processor, where the secondary sensor provides an indication of urine volume to enable an identification of urine flow rate [0081]-[0082] automatic identification of urination beginning and ending to provide as easy form of self-measuring urine flow rate);
Hidas fails to teach
The secondary sensor configured to detect a value in the toilet bowl being a temperature sensor configured to detect a temperature in the toilet bowl.
However Tsuruoka teaches a toilet (Abstract, Figs. 3-4, [0105]-[0108] a toilet with measurement device 200 installed within) comprising:
a temperature sensor configured to detect a temperature in a toilet bowl associated with the urine flow (Figs. 3-4, [0105]-[0108] temperature measurement unit 212 within measurement unit 210); and
a controller configured to calculate a urine volume in the toilet bowl based on the temperature in the toilet bowl, where measurement is started due to urine flow presence data of the detector (Figs. 3-4, [0105]-[0108] controller / control unit 230, urine flow presence data is identified, [0080]-[0082] regression analysis may be performed with the data of the shape of the toilet, the water volume, and the initial water temperature and identify the urine volume based on the water temperature changes after urination); and
Tsuruoka further teaches that calculating a flow rate based on the urine volume and at least one time interval from urine flow presence data was known in the art ([0005]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that Hidas’ urine flow rate analysis using a secondary sensor to perform urine volume identification can be performed with the temperature-based urine volume analysis of Tsuruoka as another example of a secondary sensor for volume sensing, outside of the manual identification, weight measuring, and mechanical volume measuring (Hidas: [0059] “The measuring can be done manually by the individual, e.g. in cases in which the container includes a measuring scale therein allowing the individual to read the urine volume from or automatically by using any known in the art sensor or technique to measure fluid volume such as weight sensors that allow deducing the urine volume from the urine weight e.g. transducer sensors for weight or pressure measuring, mechanical volume sensors such as turbine or paddle wheel meters and the like.”).
Regarding Claim 2, Hidas and Tsuruoka teach the apparatus of claim 1, wherein the controller selects a bowl volume value and a bowl temperature value, wherein the urine volume is calculated based on the bowl volume value and the bowl temperature value (See Claim 1 Rejection, Tsuruoka: the water volume of the reserved water is viewed as a bowl volume value and a bowl temperature value is the temperature of the reserved water is the initial bowl temperature, along with the temperature of the reserved water and urine-containing water mixed together).
Regarding Claim 4, Hidas and Tsuruoka teach the apparatus of claim 1, and Hidas teaches wherein the controller identifies the at least one time interval based on an amplitude level of the audio ([0081]) and Tsuruoka teaches that a threshold value may be used to identify when a detector dataset indicates a measurement time should begin ([0018]), their combined efforts fail to explicitly teach wherein the controller identifies the at least one time interval based on a threshold level of the audio.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the amplitude identifying the start of a urination session in Hidas can be compared to a threshold value, much like the session parameters in Tsuruoka as a way to provide a standardized metric for invention across trials, ensuring consistency across results.
Regarding Claim 5, Hidas and Tsuruoka teach the apparatus of claim 4, wherein at least one time interval includes a plurality of time intervals defined in an array (See Claim 4 Rejection, Hidas: [0026] multiple urination sessions are joined together as a voiding diary, making the diary a single array recording the plurality of time intervals).
Regarding Claim 7, Hidas and Tsuruoka teach the apparatus of claim 1, and Hidas further teaches the apparatus comprising:
a memory configured to store data for the urine volume in the toilet bowl ([0076]-[0077] mobile device data storage maintains voiding diary of the recorded urine data, which include urine volume).
Regarding Claim 8, Hidas and Tsuruoka teach the apparatus of claim 7, and Tsuruoka further teaches wherein the data for the urine volume or the urine flow rate is stored in association with a user identifier and a timestamp ([0158] databases are not limited to one storage location, [0161] databases include paired urine volume or urine flow rate stored in association with a user identifier and a timestamp).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the data for the urine volume of Hidas is stored in association with a user identifier and a timestamp as taught by Tsuruoka to facilitate trend monitoring specific to each patient.
Regarding Claim 9, Hidas and Tsuruoka teach the apparatus of claim 1, the apparatus comprising a wireless communication means configured to communicate the urine volume or the urine flow rate (See Claim 1 Rejection), and Tsuruoka further teaches the apparatus comprising:
a radio configured to communicate the urine volume or the urine flow rate ([0127] measurement device 200 includes transmitters / transmission unit 242 configured to communicate data by communication protocol, [0129] where communicated data includes measurement data, i.e. the urine volume or the urine flow rate, [0121] radio communication is a recognized communication protocol. Thus the broadly envisioned transmitters and communication protocols may be a radio configured to communicate the measurement results of urine volume or urine flow rate).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the wireless communication of Hidas be specifically accomplished by radio as taught by Tsuruoka to standardize the wireless communication hardware within the apparatus and ensure consistency across applications of the invention.
Regarding Claim 10, Hidas and Tsuruoka teach the apparatus of claim 1, and Tsuruoka further teaches wherein the controller is configured to identify a user of the toilet ([0118]-[0125] configured to identify a user of the toilet) and generate a user identifier ([0124] identification may be on the basis of the weight of the user and leads to the generation of a user identifier).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the toilet-based monitoring of Hidas include identifying a user of the toilet and generating a user identifier as taught by Tsuruoka to facilitate trend monitoring specific to each patient.
Regarding Claim 11, Tsuruoka and Song teach the apparatus of claim 1, wherein the microphone and secondary sensors are mounted within a toilet seat (See Claim 1 Rejection, where examples of secondary sensors mounted within a toilet seat are shown in Fig. 3’s manually read markings and Fig. 15’s paddlewheel sensor) and a temperature sensor has been outlined as a potential additional sensor (See Claim 1 Rejection).
Regarding Claim 14, Hidas and Tsuruoka teach the apparatus of claim 1, wherein the controller calculates the flow rate (See Claim 1 Rejection), and Hidas teaches calculating the flow rate as:
Q
=
V
u
T
wherein Q represents the flow rate, Vu represents the urine volume, and T represents the at least one time interval from the audio from the urine flow ([0062] the calculation of a flow rate of urine is based or the urine volume and time of a urination session).
Regarding Claim 19, while Hidas teaches a method for determining urination flow rates (Abstract, Figs. 1 and 4A, [0064]-[0065] method for measuring urine flow and/or urine quantity), the method comprising:
Receiving data for a value in a toilet bowl associated with the urine flow ([0063]-[0064], [0076], [0109]-[0114] a secondary sensor for sensing urine quantity may be used along with audio collecting steps, and used jointly to identify flow rate);
Receiving data for audio of a urine flow into a toilet bowl ([0054] a microphone receives signals indicative of the urination flow in each urination session, [0061] where the microphone may be embedded in apparatus 100 and wirelessly transmits data to a mobile device of a user, [0081] where the monitoring uses the microphone to automatically identify the beginning of urination and ending of a recording session);
Identifying an initial time value and a final time value from the data for audio of a urine flow ([0081]-[0082] automatic identification of urination beginning and ending to provide an easy form of self-measuring urine flow rate);
calculating a urine volume in the toilet bowl based on the value in the toilet bowl and on at least one time interval from the initial time value and the final time value from the audio of the urine flow ([0074]-[0076], [0079], [0109]-[0114] a user mobile device provides data calculation on the basis of received data, the data calculation performed by the mobile device’s processor, where the secondary sensor provides an indication of urine volume to enable an identification of urine flow rate [0081]-[0082] automatic identification of urination beginning and ending to provide as easy form of self-measuring urine flow rate); and
calculating a flow rate based, at least in part, on the urine volume ([0074]-[0076], [0079], [0081]-[0082], [0109]-[0114]);
Hidas fails to teach
Receiving data for a value in a toilet bowl associated with the urine flow comprises receiving temperature data; and
Calculating a urine volume in the toilet bowl based on the temperature in the toilet bowl.
However Tsuruoka teaches a toilet (Abstract, Figs. 3-4, [0105]-[0108] a toilet with measurement device 200 installed within) comprising:
a temperature sensor configured to detect a temperature in a toilet bowl associated with the urine flow (Figs. 3-4, [0105]-[0108] temperature measurement unit 212 within measurement unit 210); and
a controller configured to calculate a urine volume in the toilet bowl based on the temperature in the toilet bowl, where measurement is started due to urine flow presence data of the detector (Figs. 3-4, [0105]-[0108] controller / control unit 230, urine flow presence data is identified, [0080]-[0082] regression analysis may be performed with the data of the shape of the toilet, the water volume, and the initial water temperature and identify the urine volume based on the water temperature changes after urination); and
Tsuruoka further teaches that calculating a flow rate based on the urine volume and at least one time interval from urine flow presence data was known in the art ([0005]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that Hidas’ urine flow rate analysis using a secondary sensor to perform urine volume identification can be performed with the temperature-based urine volume analysis of Tsuruoka as another example of a secondary sensor for volume sensing, outside of the manual identification, weight measuring, and mechanical volume measuring (Hidas: [0059] “The measuring can be done manually by the individual, e.g. in cases in which the container includes a measuring scale therein allowing the individual to read the urine volume from or automatically by using any known in the art sensor or technique to measure fluid volume such as weight sensors that allow deducing the urine volume from the urine weight e.g. transducer sensors for weight or pressure measuring, mechanical volume sensors such as turbine or paddle wheel meters and the like.”).
Regarding Claim 21, while Hidas teaches an apparatus for measurement of urine flow (Abstract, Figs. 1 and 4A, [0064]-[0065] apparatus 100 mounted in toilet bowl 200), the apparatus comprising:
a microphone configured to detect an audio from the urine flow ([0054] a microphone receives signals indicative of the urination flow in each urination session, [0061] where the microphone may be either of a mobile device of the user or embedded in apparatus 100 and wirelessly transmits data to the mobile device of a user, [0081] where the monitoring uses the microphone to automatically identify the beginning of urination and ending of a recording session);
a secondary sensor mounted to a toilet bowl and configured to detect a value in the toilet bowl associated with the urine flow ([0063]-[0064], [0076], [0109]-[0114] a secondary sensor for sensing urine quantity, e.g. weight sensors or mechanical volume sensors, may be used along with audio collecting steps, mounted with apparatus 100 and used jointly to identify flow rate); and
a controller communicatively coupled to the secondary sensor and the microphone ([0074]-[0076], [0079], [0109]-[0114] a user mobile device provides data calculation on the basis of received data from the secondary sensor and the microphone, the data calculation performed by the mobile device’s processor), the controller configured to:
calculate a urine volume based on a value indicated by secondary sensor data ([0074]-[0076], [0079], [0109]-[0114] where the secondary sensor provides an indication of urine volume to enable an identification of urine flow rate);
determine a total urination duration time based on identifying a start time and an end time of urination from the audio ([0081]-[0082] automatic identification of urination beginning and ending to provide as easy form of self-measuring urine flow rate, Fig. 10, [0043] a total urination duration time is shown as voiding time); and
calculate an average urine flow rate by dividing the calculated urine volume by the determined total urination duration time. (Fig. 10, [0043] an average urine flow rate is calculated, [0062] where flow rates are determined by volume values over duration values).
Hidas fails to teach
a temperature sensor mounted to a toilet bowl and configured to detect a temperature in the toilet bowl associated with the urine flow; and
a controller communicatively coupled to the temperature sensor and the microphone, the controller configured to:
calculate a urine volume based on a heat exchange indicated by temperature data.
However Tsuruoka teaches a toilet (Abstract, Figs. 3-4, [0105]-[0108] a toilet with measurement device 200 installed within) comprising:
a temperature sensor configured to detect a temperature in a toilet bowl associated with the urine flow (Figs. 3-4, [0105]-[0108] temperature measurement unit 212 within measurement unit 210, where the temperature in the toilet bowl changes based on urine presence); and
a controller configured to calculate a urine volume in the toilet bowl based on the temperature in the toilet bowl, where measurement is started due to urine flow presence data of the detector (Figs. 3-4, [0105]-[0108] controller / control unit 230, urine flow presence data is identified, [0080]-[0082] regression analysis may be performed with the data of the shape of the toilet, the water volume, and the initial water temperature and identify the urine volume based on the water temperature changes after urination); and
Tsuruoka further teaches that calculating a flow rate based on the urine volume and at least one time interval from urine flow presence data was known in the art ([0005]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that Hidas’ urine flow rate analysis using a secondary sensor to perform urine volume identification can be performed with the temperature-based urine volume analysis of Tsuruoka as another example of a secondary sensor for volume sensing, outside of the manual identification, weight measuring, and mechanical volume measuring (Hidas: [0059] “The measuring can be done manually by the individual, e.g. in cases in which the container includes a measuring scale therein allowing the individual to read the urine volume from or automatically by using any known in the art sensor or technique to measure fluid volume such as weight sensors that allow deducing the urine volume from the urine weight e.g. transducer sensors for weight or pressure measuring, mechanical volume sensors such as turbine or paddle wheel meters and the like.”).
Regarding Claim 22, Hidas and Tsuruoka teach the apparatus of claim 21, and Hidas further teaches the apparatus comprising:
a memory configured to store data for the urine volume in the toilet bowl ([0076]-[0077] mobile device data storage maintains voiding diary of the recorded urine data, which include urine volume).
Regarding Claim 23, Hidas and Tsuruoka teach the apparatus of claim 22, and Tsuruoka further teaches wherein the data for the urine volume or the urine flow rate is stored in association with a user identifier and a timestamp ([0158] databases are not limited to one storage location, [0161] databases include paired urine volume or urine flow rate stored in association with a user identifier and a timestamp).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the data for the urine volume of Hidas is stored in association with a user identifier and a timestamp as taught by Tsuruoka to facilitate trend monitoring specific to each patient.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hidas in view of Tsuruoka and further in view of Otanez (US 2014/0379241).
Regarding Claim 3, while Hidas and Tsuruoka teach the apparatus of claim 2, their combined efforts fail to teach wherein the controller calculates the urine volume as:
V
u
=
V
b
T
f
-
T
i
T
u
-
T
f
wherein Vu represents the urine volume, Vb represents the bowl volume value, Tf represents a final temperature of water and the urine, Ti represents an initial water temperature, and Tu represents a temperature of the urine.
However Otanez teaches a system combining fluids (Abstract, [0028]-[0033] controlling temperature of hydraulic fluid though fluid intake) where the interaction between two fluids at different temperatures is understood by the equation:
T
f
=
V
1
V
1
+
V
2
T
1
+
V
2
V
1
+
V
2
T
2
wherein V2 represents the new volume of fluid in a tank, V1 represents the residual volume of fluid in the tank, Tf represents a final temperature of fluids in the tank, Ti represents an initial residual volume of fluid temperature, and Tu represents an initial temperature of the new volume of fluid.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to reconfigure this equation of fluid interaction in Otanez with the new volume of fluid as the output as this is the desired parameter in Hidas and Tsuruoka.
In doing so, the following mathematic steps would be performed:
V
1
+
V
2
T
f
=
V
1
T
1
+
V
2
T
2
V
1
T
f
+
V
2
T
f
=
V
1
T
1
+
V
2
T
2
V
1
T
f
-
V
1
T
1
=
V
2
T
2
-
V
2
T
f
V
1
(
T
f
-
T
1
)
=
V
2
(
T
2
-
T
f
)
V
1
T
f
-
T
1
T
2
-
T
f
=
V
2
This equation is equivalent to the cited equation in the claim. Further, while Examiner acknowledges that an equation of fluid interaction depending on volume and temperature was known, as reflected in Otanez, Otanez is not in the art of urination monitoring. However the fact that the analysis of Tsuruoka is depending on the general interaction of volume and temperature between two different fluids would motivate an understanding in a practitioner to consider large fields of art for applicable teachings.
Claim(s) 6 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hidas in view of Tsuruoka and further in view of Song et al (US 2022/0392438) (“Song”).
Regarding Claim 6, while Hidas and Tsuruoka teach the apparatus of claim 5, their combined efforts fail to teach wherein the controller identifies an acoustic coefficient for each of the plurality of time intervals in the array.
However Song further teaches a urination analysis system (Abstract) comprising
a microphone configured to detect an audio from the urine flow (Fig. 1, [0010] urination analysis involves recognizing the starting point and ending point of urination and predicting a urine flow rate [0093] recording device 2000 with an example microphone shown, [0251]-[0258] a training of urination classification involves comparing urination audio sound intensity to a threshold);
wherein the controller identifies an acoustic coefficient for each of the plurality of time intervals in the array (Fig. 12, [0185]-[0188] binary acoustic coefficient shown for each of a plurality of time intervals).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to specify that the audio determination of urine presence of Hidas is done on the basis of an identified acoustic coefficient as taught by Song for each of the plurality of time intervals in the array as a standardized classification step that separates urination sessions and non-urination sessions, ensuring consistency across trials of the invention.
Regarding Claim 15, while Hidas and Tsuruoka teach the apparatus of claim 14, their combined efforts fail to teach wherein T represents a sum of a plurality of time intervals including the at least one time interval from the audio from the urine flow.
However Song further teaches a urination analysis system (Abstract) comprising
a microphone configured to detect an audio from the urine flow (Fig. 1, [0010] urination analysis involves recognizing the starting point and ending point of urination and predicting a urine flow rate [0093] recording device 2000 with an example microphone shown, [0251]-[0258] a training of urination classification involves comparing urination audio sound intensity to a threshold);
wherein the audio monitoring time is divided into a plurality of time intervals including the at least one time interval from the audio from the urine flow ([0169] the time window for an average urine flow rate includes a specified time interval within the urination data. This specified time window may encompass a plurality of time windows / intervals to identify the average rate in this period).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the urine flow rate calculation of Hidas and Tsuruoka be specifically the average urine flow rate encompassing a plurality of time intervals as taught by Song as this will provide a representative value of patient’s urination rate. And a single representative value may be more quickly evaluated by a practitioner, rather than a series of urine flow rates, thus enabling faster health evaluations.
Response to Arguments
Applicant’s amendments and arguments filed 5/07/2026 with respect to the 35 USC 101 rejections have been fully considered, but are not persuasive.
Applicant argues on page 7 of the remarks that the microphone and temperature sensor configured to detect values from a toilet bowl links these sensors to a technological environment. Examiner notes that the stated passage is not whether they link to a technological environment, but rather that they do not add significantly more than a general link to a technological environment.
Applicant argues on page 7 of the Remarks that these sensors provide an improvement to the actual mechanics of flowmetry. Examiner respectfully disagrees. The current primary reference of Hidas provides the same ability to calculate urine flow and urine volume from a mounted system. In some embodiments, the identification of urination start and end and identification of urine volume and flow rate are all done by the acoustic monitoring, reducing the amount of components and simplifying the system. One could argue this is an improvement. To make a distinct improvement, it would seem to require an identification of temperature as a better means with which to identify volume changes.
Applicant argues on pages 7-8 that when considering the claim as a whole, the claims are directed to a specialized physical system with a specific physical arrangement. Examiner respectfully disagrees. The microphone and temperature sensor are both generic microphones and temperature sensors, accomplishing their respective expected functions. There is no description of a specialized design they use jointly to distinguish them from generic field of use sensors. The specialization combining these sensors into a urine flow meter is a practitioner, using their mental ability to infer urine volume and urine flow rate, based calculations that may be performed with “can be performed in the human mind, or by a human using a pen and paper” [CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1372, 99 USPQ2d 1690, 1695 (Fed. Cir. 2011)].
Applicant argues that the claims cannot be performed in the human mind as a human being is physically incapable of continuously measuring micro-variations in water temperature caused by fluid mixing, while simultaneously processing acoustic wave signatures. Examiner respectfully disagrees with this characterization. The asserted mental process, i.e. the calculations, are performed with received data from the sensors. As they are outside of the mental process, Examiner has considered if they add significantly more, but they reflect general field of use sensors providing extrasolution data gathering activity. Specifically, they are necessary inputs to provide a basis for the calculations performed by the mind.
The rejection stands.
Applicant’s amendments and arguments filed 5/07/2026 with respect to the 35 USC 103 rejections have been fully considered and are persuasive. The rejection(s) is/are withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Hidas and Tsuruoka.
Conclusion
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.
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/JAIRO H. PORTILLO/
Examiner
Art Unit 3791
/PUYA AGAHI/Primary Examiner, Art Unit 3791
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