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
Claims 23-34 and 37-42 are rejected. Claims 35-36 are withdrawn. Claims 1-22 are canceled.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 23-34 and 37-42 in the reply filed on 12/22/25 is acknowledged.
Claims 35-36 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/22/25.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/124, 12/11/24, 1/10/25, and 11/20/25 are being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 26-30, 34, and 40-42 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claims 26-30 and 40-42, the limitation of “the requirement” seems unclear. It remains unclear whether “the requirement” is referring to “a requirement” in claims 26 and 40 or “a data quality requirement” in claims 25 and 39, which these dependent claims depend from. For the purposes of examine, the limitation of “the requirement” will be interpreted as depending from “a requirement.”
In claim 34, the limitation of “wherein the second data is partially or completely the same as the third data” seems unclear. The specification discloses the following:
For example, that the extracted data related to the first physiological parameter is completely the same as the extracted data related to the second physiological parameter may be
understood as that a type of the data related to the first physiological parameter is the same as a type of the data related to the second physiological parameter (page 4); and
For example, that the extracted data related to the first physiological parameter is partially the same as the extracted data related to the second physiological parameter may be understood as that a type of the data related to the first physiological parameter is the same as a type of the data related to the second physiological parameter (page 4).
Therefore, it remains unclear what the difference would be between partially or completely the same, since the specification discloses that both mean they are the same type of data. For the purposes of examination, the limitation of partially or completely the same will be interpreted as the same type of data.
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 23-34 and 37-42 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception, specifically an abstract idea.
Step 1
The claimed invention in claims 23-34 and 37-42 are directed to statutory subject matter as the claims recite an electronic device and method.
Step 2A, Prong One
Regarding claims 23 and 37, the recited steps are directed to a mental process of performing concepts in a human mind or by a human using a pen and paper (see MPEP 2106.04(a)(2) subsection (III)).
Regarding claims 23 and 37, the limitations of “receive a physiological parameter measurement operation, wherein the physiological parameter measurement operation comprises an operation of selecting, among the physiological parameter identifiers, a first physiological parameter identifier and a second physiological parameter identifier” are a process, as drafted, covers performance of the limitation that can be performed by a human mind (including an observation, evaluation, judgment, opinion) under the broadest reasonable standard. For example, these limitations are nothing more than a medical professional choosing the first and second physiological parameter identifiers.
Step 2A, Prong Two
For claims 23 and 37, the judicial exception is not integrated into a practical application. In particular, claims 23 and 37 recite “A physiological parameter sensor, one or more processors, display a physiological parameter measurement interface, and a measuring step.” The measuring step and physiological parameter sensor amount to nothing more than pre-solution activity of data gathering. The one or more processors and display are recited at a high-level of generality and amount to nothing more than parts of a generic computer. Merely including instructions to implement an abstract idea on a computer does not integrate a judicial exception into practical application.
Step 2B
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into
a practical application, the additional elements of the measuring step physiological parameter sensor and amount to nothing more than mere pre-solution activity of data gathering, which does not amount to an inventive concept. Moreover, the measuring step physiological parameter sensor are recited at a high level of generality and are well-understood, routine, and conventional structures as evidenced by
US 20150351653 (¶46-conventional ECG device includes two or more leads or electrodes), US 20020072682 (¶36-a conventional ECG monitor), and US 20110082359 (claim 1-a conventional 12-lead electrocardiographic instrument from electrocardiographic signals acquired from the plurality of electrodes). Further, simply appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, e.g., a claim to an abstract idea requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry, as discussed in Alice Corp., 573 U.S. at 225, 110 USPQ2d at 1984 (see MPEP § 2106.05(d)).
Regarding dependent claims 24-34 and 38-42, the limitations of claims 23 and 37 further define the limitations already indicated as being directed to the abstract idea.
Regarding claims 24 and 38, the rejection under Step 2B shows the physiological parameter sensor as a well-understood, routine, and conventional structure. The limitations of “extract, from the first data, second data related to the first physiological parameter and third data related to the second physiological parameter; obtain the first physiological parameter based on the second data; and obtain the second physiological parameter based on the third data” are a process, as drafted, covers performance of the limitation that can be performed by a human mind (including an observation, evaluation, judgment, opinion) under the broadest reasonable standard. For example, these limitations are nothing more than a medical professional analyzing a print out of first data to extract second and third data, and further obtaining a first physiological parameter from the second data and a second physiological parameter from the third data.
Regarding claims 25 and 39, the rejection under Step 2B shows the physiological parameter sensor as a well-understood, routine, and conventional structure. The limitations of “determine whether the first data meets a data quality requirement; and update, when the first data does not meet the data quality requirement, the first data with the fourth data until the first data meets the data quality requirement” are a process, as drafted, covers performance of the limitation that can be performed by a human mind (including an observation, evaluation, judgment, opinion) under the broadest reasonable standard. For example, these limitations are nothing more than a medical professional comparing first data to a quality requirement and replacing the first data with fourth data until the first data meets the quality requirement.
Regarding claims 26 and 40, the limitations of “extract, based on the second data, feature data related to the first physiological parameter; determine whether the feature data meets a requirement for analyzing the first physiological parameter; and obtain the first physiological parameter based on the feature data when the feature data meets the requirement” are a process, as drafted, covers performance of the limitation that can be performed by a human mind (including an observation, evaluation, judgment, opinion) under the broadest reasonable standard. For example, these limitations are nothing more than a medical professional extracting feature data from a print out of second data, comparing the feature data to a requirement and obtaining the first physiological parameter when the feature data meets the requirement.
Regarding claims 27 and 41, the limitations of “determine whether a data volume corresponding to the feature data meets the requirement; and obtain the first physiological parameter based on the feature data when the data volume meets the requirement” are a process, as drafted, covers performance of the limitation that can be performed by a human mind (including an observation, evaluation, judgment, opinion) under the broadest reasonable standard. For example, these limitations are nothing more than a medical professional determining whether a data volume corresponding to the feature data meets the requirement; and obtaining the first physiological parameter based on the feature data when the data volume meets the requirement.
Regarding claims 28 and 42, the limitations of “perform data processing on the feature data; and determine that the data volume meets the requirement when the feature data after the data processing meets the requirement” are a process, as drafted, covers performance of the limitation that can be performed by a human mind (including an observation, evaluation, judgment, opinion) under the broadest reasonable standard. For example, these limitations are nothing more than a medical professional processing feature data on paper and determining that the data volume meets the requirement when the feature data after the data processing meets the requirement.
Regarding claim 29, while a PPG sensor is not explicitly recited in the claim, a PPG sensor is a well-understood, routine, and conventional structure as evidenced by US 20170055860 (¶3-a conventional reflective PPG sensor), US 20140371583 (¶32-conventional photoplethysmography (PPG)), and US 20170347938 (¶62-conventional PPG systems). The limitation of “determine whether the feature data meets the requirement based on the lead state and the ECG data” is a process, as drafted, covers performance of the limitation that can be performed by a human mind (including an observation, evaluation, judgment, opinion) under the broadest reasonable standard. For example, this limitation is nothing more than a medical professional analyzing a print out of feature data to determine whether it meets the requirement.
Regarding claim 30, see the rejection under Step 2B showing the ECG sensor as a well-understood, routine, and conventional structure. The limitation of “determine whether the feature data meets the requirement based on the lead state and the ECG data” is a process, as drafted, covers performance of the limitation that can be performed by a human mind (including an observation, evaluation, judgment, opinion) under the broadest reasonable standard. For example, this limitation is nothing more than a medical professional analyzing a print out of feature data to determine whether it meets the requirement.
Claim 31 amounts to post-solution activity of displaying.
Regarding claim 32 see the rejection under Step 2B showing the physiological parameter sensor as a well-understood, routine, and conventional structure.
Claim 33 further defines the data used for the abstract idea itself.
Claim 34 further defines the data used for the abstract idea itself.
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.
Claims 23, 31-33, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Yan (CN 204480462 filed on 3/17/15 as cited in the IDS and a copy relied upon is being furnished with this Office Action) in view of Al Hatib (US 20180028076 filed on 7/14/17).
Regarding claim 23, Yan teaches an electronic device, comprising: a physiological parameter sensor (page 3, ¶6-7-the information collection module 12 may include: The electrocardiogram module 21, the blood oxygen module 22, the blood pressure module 23, and the body temperature module 24); and one or more processors coupled to the physiological parameter sensor (page 3, ¶1-the utility model combines a remote controller and a medical device to provide a remote controller capable of detecting physiological parameters of a human body) and configured to: display a physiological parameter measurement interface comprising a plurality of physiological parameter identifiers (page 1, 6th to last ¶-a display module for displaying human physiological parameter data corresponding to the physiological parameter information of the human body; page 3, ¶5-the information collecting module 12 for collecting the physiological parameter information of the human body corresponding to the physiological parameter detecting item of the human body is collected; page 3, ¶6-7-the information collection module 12 may include: The electrocardiogram module 21, the blood oxygen module 22, the blood pressure module 23, and the body temperature module 24); receive a physiological parameter measurement operation, wherein the physiological parameter measurement operation comprises an operation of selecting, among the physiological parameter identifiers (page 1, last ¶-select the human physiological parameter detecting item to be detected; the determining key is used to determine the human physiological parameter detecting item to be detected; page 4, ¶2-there are selectable detection item modules on the human physiological parameter detection item interface, namely, the electrocardiogram module 21, the blood oxygen module 22, the blood pressure module 23, and the body temperature module 24, etc. When the item to be detected is clicked, the display module 13 displays the corresponding operation prompt and enters the detection result display interface), a first physiological parameter identifier (page 4, ¶2-there are selectable detection item modules on the human physiological parameter detection item interface, namely, the electrocardiogram module 21, the blood oxygen module 22, the blood pressure module 23, and the body temperature module 24, etc. When the item to be detected is clicked, the display module 13 displays the corresponding operation prompt and enters the detection result display interface) and measure, using the physiological parameter sensor and in response to the physiological parameter measurement operation, a first physiological parameter of a measured object (page 4, ¶2-there are selectable detection item modules on the human physiological parameter detection item interface, namely, the electrocardiogram module 21, the blood oxygen module 22, the blood pressure module 23, and the body temperature module 24, etc. When the item to be detected is clicked, the display module 13 displays the corresponding operation prompt and enters the detection result display interface). However, Yan does not teach a second physiological parameter identifier and a second physiological parameter of a measured object.
Al Hatib relates to a health monitoring unit with a hypotension predictive graphical user interface (GUI), and methods for use by such a health monitoring unit (¶6). Al Hatib further teaches the invention using the following steps:
a second physiological parameter identifier (¶38-providing selection screen 462 enabling user 146 to select parameters 472 and 484 for viewing on display 120 / 420 from among health parameters 112 / 412 of living subject 140 being tracked by health monitoring unit 102 (action 362)) and a second physiological parameter of a measured object (¶42-showing parameters CO 472 and HPI 484 selected by user 146 from selection screen 462 (action 364 ); ¶38-providing selection screen 462 enabling user 146 to select parameters 472 and 484 for viewing on display 120 / 420 from among health parameters 112 / 412 of living subject 140 being tracked by health monitoring unit 102 (action 362)).
Therefore, 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 invention of Yan to include a second physiological parameter identifier and a second physiological parameter of a measured object of Al Hatib in order to enable the user to select parameters for viewing on the display (Al Hatib, ¶19).
Regarding claim 31, the combination of Yan and Al Hatib teaches the electronic device of claim 23, wherein the one or more processors are further configured to display the first physiological parameter and the second physiological parameter (Al Hatib, ¶42-showing parameters CO 472 and HPI 484 selected by user 146 from selection screen 462 (action 364 ); ¶38-providing selection screen 462 enabling user 146 to select parameters 472 and 484 for viewing on display 120 / 420 from among health parameters 112 / 412 of living subject 140 being tracked by health monitoring unit 102 (action 362)).
Therefore, 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 invention of Yan to include wherein the one or more processors are further configured to display the first physiological parameter and the second physiological parameter of Al Hatib in order to enable the user to select parameters for viewing on the display (Al Hatib, ¶19).
Regarding claim 32, the combination of Yan and Al Hatib teaches the electronic device of claim 23, wherein the physiological parameter sensor comprises an accelerometer (ACC) sensor, a photoplehysmography (PPG) sensor, or an electrocardiography (ECG) sensor (Yan, page 3, ¶7-the electrocardiogram module 21).
Regarding claim 33, the combination of Yan and Al Hatib teaches the electronic device of claim 23, wherein the first physiological parameter or the second physiological parameter comprises a blood oxygen parameter (Yan, page 2, ¶6-blood oxygen module).
Regarding claim 37, Yan teaches a method implemented by an electronic device, wherein the method comprises: displaying a physiological parameter measurement interface comprising a plurality of physiological parameter identifiers (page 1, 6th to last ¶-a display module for displaying human physiological parameter data corresponding to the physiological parameter information of the human body; page 3, ¶5-the information collecting module 12 for collecting the physiological parameter information of the human body corresponding to the physiological parameter detecting item of the human body is collected; page 3, ¶6-7-the information collection module 12 may include: The electrocardiogram module 21, the blood oxygen module 22, the blood pressure module 23, and the body temperature module 24); receiving a physiological parameter measurement operation, wherein the physiological parameter measurement operation comprises an operation of selecting, among the physiological parameter identifiers (page 1, last ¶-select the human physiological parameter detecting item to be detected; the determining key is used to determine the human physiological parameter detecting item to be detected; page 4, ¶2-there are selectable detection item modules on the human physiological parameter detection item interface, namely, the electrocardiogram module 21, the blood oxygen module 22, the blood pressure module 23, and the body temperature module 24, etc. When the item to be detected is clicked, the display module 13 displays the corresponding operation prompt and enters the detection result display interface), a first physiological parameter identifier (page 4, ¶2-there are selectable detection item modules on the human physiological parameter detection item interface, namely, the electrocardiogram module 21, the blood oxygen module 22, the blood pressure module 23, and the body temperature module 24, etc. When the item to be detected is clicked, the display module 13 displays the corresponding operation prompt and enters the detection result display interface) and measuring, using a physiological parameter sensor of the electronic device and in response to the physiological parameter measurement operation, a first physiological parameter of a measured object (page 4, ¶2-there are selectable detection item modules on the human physiological parameter detection item interface, namely, the electrocardiogram module 21, the blood oxygen module 22, the blood pressure module 23, and the body temperature module 24, etc. When the item to be detected is clicked, the display module 13 displays the corresponding operation prompt and enters the detection result display interface). However, Yan does not teach a second physiological parameter identifier; and a second physiological parameter of a measured object.
Al Hatib teaches a second physiological parameter identifier (¶38-providing selection screen 462 enabling user 146 to select parameters 472 and 484 for viewing on display 120 / 420 from among health parameters 112 / 412 of living subject 140 being tracked by health monitoring unit 102 (action 362)); and a second physiological parameter of a measured object (¶42-showing parameters CO 472 and HPI 484 selected by user 146 from selection screen 462 (action 364 ); ¶38-providing selection screen 462 enabling user 146 to select parameters 472 and 484 for viewing on display 120 / 420 from among health parameters 112 / 412 of living subject 140 being tracked by health monitoring unit 102 (action 362)).
Therefore, 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 invention of Yan to include a second physiological parameter identifier; and a second physiological parameter of a measured object of Al Hatib in order to enable the user to select parameters for viewing on the display (Al Hatib, ¶19).
Claims 24, 26, 34, 38, and 40 are rejected under 35 U.S.C. 103 as being unpatentable over Yan in view of Al Hatib as applied to claims 23 and 37 above, and further in view of Gross (US 20150305684 filed on 12/6/13).
Regarding claim 24, the combination of Yan and Al Hatib teaches the electronic device of claim 23, wherein the one or more processors are further configured to: collect, using the physiological parameter sensor and based on the physiological parameter measurement operation, first data of the measured object (Yan, page 4, ¶2-after the selection module 11 switches to the human physiological parameter detection item interface, there are selectable detection item modules on the human physiological parameter detection item interface, namely, the electrocardiogram module 21, the blood oxygen module 22, the blood pressure module 23, and the body temperature module 24, etc.). However, the combination of Yan and Al Hatib does not teach to extract, from the first data, second data related to the first physiological parameter and third data related to the second physiological parameter; obtain the first physiological parameter based on the second data; and obtain the second physiological parameter based on the third data.
Gross teaches to extract, from the first data, second data related to the first physiological parameter and third data related to the second physiological parameter (¶5-detecting arrhythmic events is provided. The system includes at least one processor programmed to receive a photoplethysmogram (PPG) signal generated using a PPG probe positioned on or within a patient and receive a pulse signal generated using an accelerometer positioned on or within the patient); obtain the first physiological parameter based on the second data (¶5-evaluate correlated PPG feature vectors and correlated pulse feature vectors to detect arrhythmic events); and obtain the second physiological parameter based on the third data (¶16-detect arrhythmic events by use of a photoplethysmogram (PPG) signal and respiration and pulse signals, the respiration and pulse signals being determined from an accelerometer).
Gross relates to more reliable detection of arrhythmic events (¶8).
Therefore, 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 invention of Yan to include to extract, from the first data, second data related to the first physiological parameter and third data related to the second physiological parameter; obtain the first physiological parameter based on the second data; and obtain the second physiological parameter based on the third data of Gross in order for more reliable detection of arrhythmic events (Gross, ¶8).
Regarding claim 26, the combination of Yan, Al Hatib, and Gross teaches the electronic device of claim 24, wherein the one or more processors are further configured to: extract, based on the second data, feature data related to the first physiological parameter (Gross, ¶5-detecting arrhythmic events, extract features from the PPG signal to PPG feature vectors); determine whether the feature data meets a requirement for analyzing the first physiological parameter (Gross, ¶31-the AFEU 42 only extracts features to an ABRP feature vector when the SQI of the corresponding signal exceeds a predetermined threshold); and obtain the first physiological parameter based on the feature data when the feature data meets the requirement (Gross, ¶31-the predetermined threshold is set at a level where a user of the medical system deems the signal quality sufficiently high to reliable extract the features; ¶39-the arrhythmia unit 54 employs a segment alignment routine to align the PPG feature vectors with the ABRP feature vectors).
Therefore, 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 invention of Yan to include wherein the one or more processors are further configured to: extract, based on the second data, feature data related to the first physiological parameter; determine whether the feature data meets a requirement for analyzing the first physiological parameter; and obtain the first physiological parameter based on the feature data when the feature data meets the requirement of Gross in order for more reliable detection of arrhythmic events (Gross, ¶8).
Regarding claim 34, the combination of Yan, Al Hatib, and Gross teaches the electronic device of claim 24, wherein the second data is partially or completely the same as the third data (Gross, ¶16-detect arrhythmic events by use of a photoplethysmogram (PPG) signal and respiration and pulse signals, the respiration and pulse signals being determined from an accelerometer).
Therefore, 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 invention of Yan to include wherein the second data is partially or completely the same as the third data of Gross in order for more reliable detection of arrhythmic events (Gross, ¶8).
Regarding claim 38, the combination of Yan and Al Hatib teaches the method of claim 37, further comprising collecting first data of the measured object (Yan, page 4, ¶2-after the selection module 11 switches to the human physiological parameter detection item interface, there are selectable detection item modules on the human physiological parameter detection item interface, namely, the electrocardiogram module 21, the blood oxygen module 22, the blood pressure module 23, and the body temperature module 24, etc.). However, the combination of Yan and Al Hatib does not teach extracting, from the first data, second data related to the first physiological parameter and third data related to the second physiological parameter; obtaining the first physiological parameter based on the first data; and obtaining the second physiological parameter based on the second data.
Gross teaches extracting, from the first data, second data related to the first physiological parameter and third data related to the second physiological parameter (¶5-detecting arrhythmic events is provided. The system includes at least one processor programmed to receive a photoplethysmogram (PPG) signal generated using a PPG probe positioned on or within a patient and receive a pulse signal generated using an accelerometer positioned on or within the patient); obtaining the first physiological parameter based on the first data (¶5-evaluate correlated PPG feature vectors and correlated pulse feature vectors to detect arrhythmic events); and obtaining the second physiological parameter based on the second data (¶16-detect arrhythmic events by use of a photoplethysmogram (PPG) signal and respiration and pulse signals, the respiration and pulse signals being determined from an accelerometer).
Therefore, 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 invention of Yan to include extracting, from the first data, second data related to the first physiological parameter and third data related to the second physiological parameter; obtaining the first physiological parameter based on the first data; and obtaining the second physiological parameter based on the second data of Gross in order for more reliable detection of arrhythmic events (Gross, ¶8).
Regarding claim 40, the combination of Yan, Al Hatib, and Gross teaches the method of claim 38, wherein obtaining the first physiological parameter comprises: extracting, based on the second data, feature data related to the first physiological parameter (Gross, ¶5-detecting arrhythmic events, extract features from the PPG signal to PPG feature vectors); determining whether the feature data meets a requirement for analyzing the first physiological parameter (Gross, ¶31-the AFEU 42 only extracts features to an ABRP feature vector when the SQI of the corresponding signal exceeds a predetermined threshold); and obtaining the first physiological parameter based on the feature data when the feature data meets the requirement (Gross, ¶31-the predetermined threshold is set at a level where a user of the medical system deems the signal quality sufficiently high to reliable extract the features; ¶39-the arrhythmia unit 54 employs a segment alignment routine to align the PPG feature vectors with the ABRP feature vectors).
Therefore, 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 invention of Yan to include wherein obtaining the first physiological parameter comprises: extracting, based on the second data, feature data related to the first physiological parameter; determining whether the feature data meets a requirement for analyzing the first physiological parameter; and obtaining the first physiological parameter based on the feature data when the feature data meets the requirement of Gross in order for more reliable detection of arrhythmic events (Gross, ¶8).
Claims 25 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Yan in view of Al Hatib and further in view of Gross as applied to claims 24, 26, 34, 38, and 40 above, and further in view of Berkane (US 20120108910 filed on 10/16/09).
Regarding claim 25, the combination of Yan, Al Hatib, and Gross teaches the electronic device of claim 24. However, the combination of Yan, Al Hatib, and Gross does not teach wherein the one or more processors are further configured to: determine whether the first data meets a data quality requirement; recollect fourth data of the measured object using the physiological parameter sensor when the first data does not meet the data quality requirement; and update, when the first data does not meet the data quality requirement, the first data with the fourth data until the first data meets the data quality requirement.
Berkane teaches wherein the one or more processors are further configured to: determine whether the first data meets a data quality requirement (¶15-if the quality of the subject's measurement data is perceived to be too low to be useful); recollect fourth data of the measured object using the physiological parameter sensor when the first data does not meet the data quality requirement (¶15-if the quality of the subject's measurement data is perceived to be too low to be useful, then the measurement of the physiological parameter could be repeated); and update, when the first data does not meet the data quality requirement, the first data with the fourth data until the first data meets the data quality requirement (¶15-if the quality of the subject's measurement data is perceived to be too low to be useful, then the measurement of the physiological parameter could be repeated, in order to attempt to obtain data that can be useful to a remote health professional. This can occur in real-time, so the user could take a measurement with a device, and the determination of the quality could be made straight away, and if the quality is too low, then the test can be repeated immediately; ¶16).
Berkane relates to a method of, and system for, performing measurement of a subject. In one embodiment, the invention improves measurement quality in tele-health applications using quality indications and feedback signals (¶1).
Therefore, 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 invention of Yan to include wherein the one or more processors are further configured to: determine whether the first data meets a data quality requirement; recollect fourth data of the measured object using the physiological parameter sensor when the first data does not meet the data quality requirement; and update, when the first data does not meet the data quality requirement, the first data with the fourth data until the first data meets the data quality requirement of Berkane in order to yield sufficient usable data for accurate assessment of the subject's health needs (Berkane, ¶36).
Regarding claim 39, the combination of Yan, Al Hatib, and Gross teaches the method of claim 38. However, the combination of Yan, Al Hatib, and Gross does not teach further comprising: determining whether the first data meets a data quality requirement; and re-collecting fourth data of the measured object using the physiological parameter sensor when the first data does not meet the data quality requirement; and updating, when the first data does not meet the data quality requirement, the first data with the fourth data until the first data meets the data quality requirement.
Berkane teaches determining whether the first data meets a data quality requirement (¶15-if the quality of the subject's measurement data is perceived to be too low to be useful); and re-collecting fourth data of the measured object using the physiological parameter sensor when the first data does not meet the data quality requirement (¶15-if the quality of the subject's measurement data is perceived to be too low to be useful, then the measurement of the physiological parameter could be repeated); and updating, when the first data does not meet the data quality requirement, the first data with the fourth data until the first data meets the data quality requirement (¶15-if the quality of the subject's measurement data is perceived to be too low to be useful, then the measurement of the physiological parameter could be repeated, in order to attempt to obtain data that can be useful to a remote health professional. This can occur in real-time, so the user could take a measurement with a device, and the determination of the quality could be made straight away, and if the quality is too low, then the test can be repeated immediately; ¶16).
Therefore, 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 invention of Yan to include determining whether the first data meets a data quality requirement; and re-collecting fourth data of the measured object using the physiological parameter sensor when the first data does not meet the data quality requirement; and updating, when the first data does not meet the data quality requirement, the first data with the fourth data until the first data meets the data quality requirement of Berkane in order to yield sufficient usable data for accurate assessment of the subject's health needs (Berkane, ¶36).
Claims 27 and 41 are rejected under 35 U.S.C. 103 as being unpatentable over Yan in view of Al Hatib and further in view of Gross as applied to claims 24, 26, 34, 38, and 40 above, and further in view of Liu (WO 2018201683 filed on 11/10/17).
Regarding claim 27, the combination of Yan, Al Hatib, and Gross teaches the electronic device of claim 26. However, the combination of Yan, Al Hatib, and Gross does not teach wherein the one or more processors are further configured to determine whether a data volume corresponding to the feature data meets the requirement; and obtain the first physiological parameter based on the feature data when the data volume meets the requirement.
Liu teaches wherein the one or more processors are further configured to: determine whether a data volume corresponding to the feature data meets the requirement (page 4, ¶2-determine, according to signal data of the two different kinds of physiological signals, whether the data size of the signal data is greater than or equal to a preset data amount threshold); and obtain the first physiological parameter based on the feature data when the data volume meets the requirement (page 2, 2nd to last ¶-if yes, performing waveform matching on the signal data of the two different kinds of physiological signals; page 7, last ¶-a difference sequence of time points corresponding to the matched troughs of the two different kinds of physiological signals, or signal data of two different kinds of physiological signals. a sequence of period lengths between each adjacent crest or trough).
Liu relates to the technical field of medical instrument control, in particular to a method and device for identifying homology of physiological signals (page 1, ¶2).
Therefore, 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 invention of Yan to include determining whether a data volume corresponding to the feature data meets the requirement; and obtaining the first physiological parameter based on the feature data when the data volume meets the requirement of Liu in order for homology identification (Liu, page 1, 5th to last ¶).
Regarding claim 41, the combination of Yan, Al Hatib, and Gross teaches the method of claim 40. However, the combination of Yan, Al Hatib, and Gross does not teach wherein determining whether the feature data meets the requirement comprises determining whether a data volume corresponding to the feature data meets the requirement, and wherein obtaining the first physiological parameter comprises obtaining the first physiological parameter when the data volume meets the requirement.
Liu teaches wherein determining whether the feature data meets the requirement comprises determining whether a data volume corresponding to the feature data meets the requirement (page 4, ¶2-determine, according to signal data of the two different kinds of physiological signals, whether the data size of the signal data is greater than or equal to a preset data amount threshold), and wherein obtaining the first physiological parameter comprises obtaining the first physiological parameter when the data volume meets the requirement (page 2, 2nd to last ¶-if yes, performing waveform matching on the signal data of the two different kinds of physiological signals; page 7, last ¶-a difference sequence of time points corresponding to the matched troughs of the two different kinds of physiological signals, or signal data of two different kinds of physiological signals. a sequence of period lengths between each adjacent crest or trough).
Therefore, 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 invention of Yan to include wherein determining whether the feature data meets the requirement comprises determining whether a data volume corresponding to the feature data meets the requirement, and wherein obtaining the first physiological parameter comprises obtaining the first physiological parameter when the data volume meets the requirement of Liu in order for homology identification (Liu, page 1, 5th to last ¶).
Claims 28 and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Yan in view of Al Hatib and further in view of Gross and further in view of Liu as applied to claims 27 and 41 above, and further in view of Zhang (CN 111221876 filed on 1/7/20).
Regarding claim 28, the combination of Yan, Al Hatib, Gross, and Liu teaches the electronic device of claim 27, wherein the one or more processors are further configured to: perform data processing on the feature data (Liu, page 10, ¶3-corresponding data analysis is performed on the feature data corresponding to the signal data of the single physiological signal, for example, calculating a signal quality parameter corresponding to the signal data of the physiological signal to determine the detected signal data. Whether the preset quality standard is reached, if it is reached, the monitored signal data is up to standard, and further data analysis or other operations can be performed). However, the combination of Yan, Al Hatib, Gross, and Liu does not teach to determine that the data volume meets the requirement when the feature data after the data processing meets the requirement.
Zhang teaches to determine that the data volume meets the requirement when the feature data after the data processing meets the requirement (page 4, 6th to last ¶-perform data processing and dimensionality reduction processing of the same data level on the initial data after obtaining the initial data to obtain target data of preset dimensions, which can reduce subsequent data processing. Increase the amount of data and improve the efficiency of data processing).
Zhang relates to the field of artificial intelligence technology, and in particular to a data dimensionality reduction processing method, device, computer equipment and storage medium (page 1, ¶2).
Therefore, 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 invention of Yan to include determining that the data volume meets the requirement when the feature data after the data processing meets the requirement of Zhang in order to improve the accuracy of subsequent data processing (Zhang, page 9, ¶4).
Regarding claim 42, the combination of Yan, Al Hatib, Gross, and Liu teaches the method of claim 41, further comprising: performing data processing on the feature data (Liu, page 10, ¶3-corresponding data analysis is performed on the feature data corresponding to the signal data of the single physiological signal, for example, calculating a signal quality parameter corresponding to the signal data of the physiological signal to determine the detected signal data. Whether the preset quality standard is reached, if it is reached, the monitored signal data is up to standard, and further data analysis or other operations can be performed). However, the combination of Yan, Al Hatib, Gross, and Liu does not teach determining whether the data volume meets the requirement when the feature data after the data processing meets the requirement.
Zhang teaches determining whether the data volume meets the requirement when the feature data after the data processing meets the requirement (page 4, 6th to last ¶-perform data processing and dimensionality reduction processing of the same data level on the initial data after obtaining the initial data to obtain target data of preset dimensions, which can reduce subsequent data processing. Increase the amount of data and improve the efficiency of data processing).
Therefore, 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 invention of Yan to include determining whether the data volume meets the requirement when the feature data after the data processing meets the requirement of Zhang in order to improve the accuracy of subsequent data processing (Zhang, page 9, ¶4).
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Yan in view of Al Hatib and further in view of Gross as applied to claims 24, 26, 34, 38, and 40 above, and further in view of Yoon (US 20190313980 filed on 1/28/19).
Regarding claim 29, the combination of Yan, Al Hatib, and Gross teaches the electronic device of claim 26, wherein the one or more processors are further configured to: determine a data type based on the first physiological parameter (Yan, page 3, ¶6-7-the information collection module 12 may include: The electrocardiogram module 21, the blood oxygen module 22, the blood pressure module 23, and the body temperature module 24). However, the combination of Yan, Al Hatib, and Gross does not teach to obtain a wearing state of the electronic device when the data type comprises photoplehysmography (PPG) data; and determine whether the feature data meets the requirement based on the wearing state and the PPG data.
Yoon teaches to obtain a wearing state of the electronic device when the data type comprises photoplehysmography (PPG) data (¶86-a contact failure condition, and a normal measuring condition; ¶150-a bio-signal measurer 1120 , which measures a pulse wave signal and a contact pressure signal from an object); and determine whether the feature data meets the requirement based on the wearing state and the PPG data (¶115-the apparatus 100 may confirm whether a determination result of the amplitude feature is normal or abnormal; ¶4 processor configured to extract any one or any combination of a waveform feature, a period feature, and an amplitude feature, from the received bio-signal; ¶19-based on the extracted period feature, the extracted amplitude feature, and the extracted waveform features being determined to be normal, determine the measuring condition to be a normal measuring condition; ¶19-based on the extracted waveform feature being determined to be abnormal, while the extracted period feature and the extracted amplitude feature are determined to be normal, determine the measuring condition to be a contact failure condition).
Yoon relates to an apparatus and a method for monitoring bio-signal measuring conditions, and more particularly to technology for monitoring measuring conditions by using measurement results of bio-signals (¶2).
Therefore, 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 invention of Yan to include obtaining a wearing state of the electronic device when the data type comprises photoplehysmography (PPG) data; and determining whether the feature data meets the requirement based on the wearing state and the PPG data of Yoon in order for providing a guide for measuring the bio-signal more accurately (Yoon, ¶162).
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Yan in view of Al Hatib and further in view of Gross as applied to claims 24, 26, 34, 38, and 40 above, and further in view of Mirov (US 20170049352 filed on 8/21/15).
Regarding claim 30, the combination of Yan, Al Hatib, and Gross teaches the electronic device of claim 26, wherein the one or more processors are further configured to: determine a data type based on the first physiological parameter (Yan, page 3, ¶6-7-the information collection module 12 may include: The electrocardiogram module 21, the blood oxygen module 22, the blood pressure module 23, and the body temperature module 24). However, the combination of Yan, Al Hatib, and Gross does not teach to obtain a lead state of an electrocardiography (ECG) sensor when the data type comprises ECG data; and determine whether the feature data meets the requirement based on the lead state and the ECG data.
Mirov teaches to obtain a lead state of an electrocardiography (ECG) sensor when the data type comprises ECG data (¶46-an electrocardiogram (ECG)); and determine whether the feature data meets the requirement based on the lead state and the ECG data (¶58- the extracted ECG waveform could correspond to an inverted lead I ECG recording, based on features (e.g., the polarity of the QRS complex) of an extracted ECG waveform).
Mirov relates to a wearable device (¶3).
Therefore, 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 invention of Yan to include obtaining a lead state of an electrocardiography (ECG) sensor when the data type comprises ECG data; and determining whether the feature data meets the requirement based on the lead state and the ECG data of Mirov in order to extract higher-quality biosignals (Mirov, ¶106).
Conclusion
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/L.N.H./Examiner, Art Unit 3792
/UNSU JUNG/Supervisory Patent Examiner, Art Unit 3792