DETAILED ACTION
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 1-20 are pending.
Claim Objections
Claim 12 is objected to because of the following informalities: claim 12 depends on itself. Appropriate correction is required.
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 1-4, 7, 8, 10-14, 17, 18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arwari et al. [US 20210330190] in view of Gao et al. [US 20090069642].
As to claim 1. Arwari discloses A wearable device, comprising:
a temperature sensor, sensor circuit 16, [0043], configured to detect a body temperature of a user wearing the wearable device, sensor patch 10, [fig. 1], and produce a temperature signal representative of the detected body temperature, [0064];
a transmitter, RFID chip 26 [fig. 9], configured to send and receive signals including the temperature signal produced by the temperature sensor, [0063];
circuitry coupled to the temperature sensor and the transmitter, controller 36 of RFID chip 26 [fig. 5, 0063]; and
a memory coupled to the circuitry, [fig. 5] memory 34, comprising a plurality of instructions that, a controller requires instructions stored in a storage to perform functions, when executed by the circuitry, cause the wearable device to:
receive a plurality of temperature signals from the temperature sensor, [0047], over a predetermined period of time, [0064] the remote device receives instantaneous temperature signals from the wearable device over time from the same device;
transmit the plurality of temperature signals to a server, [0064] the remote device receives instantaneous temperature signals from the wearable device over time, to determine a baseline temperature pattern for the user, [0064];
receive a current temperature signal from the temperature sensor, [0064] a new individual instantaneous temperature is received from the wearable device; wherein [0057] real-time temperature signal is received from the wearable device 10;
transmit the current temperature signal to the server, [0064] a new individual instantaneous temperature is received from the wearable device;
a user device receives a user alert signal from the server, [0064] a user device receives an alert, when the current temperature signal differs from the baseline temperature pattern by a predetermined threshold, [0064] generate alert when the new temperature exceeds the baseline temperature, the user alert signal indicating a potential illness of the user, [0004].
Arwari fails to explicitly disclose that the wearable device that generated the temperature data receives the user alert signal from the server.
Gao teaches a wearable patient monitoring device 100, [fig. 1A], that can be implemented as a wrist strap, [0046], and collects patient temperature, [0030], and transmits the data to a remote server for processing and, after comparing to a threshold, generates an alert and transmits an alert signal back to the patient monitoring device, [0063]; wherein the patient monitoring device can display the alert, [0040].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Arwari with that of Gao so that the user can be aware of the unhealthy temperature and can take action.
As to claim 2. Arwari fails to disclose The wearable device of claim 1, the memory further comprising an instruction executed by the circuitry to cause the wearable device to transmit location information of the user and an identifier associated with the user in combination with the current temperature signal.
Gao teaches a wearable patient monitoring device 100, [fig. 1A], that can be implemented as a wrist strap, [0046], and collects patient data including temperature, [0030], and transmits the data to a remote server for processing and, after comparing to a threshold, generates an alert and transmits an alert signal back to the patient monitoring device, [0063]; wherein the patient monitoring device can display the alert, [0040]; wherein the patient data can further include location of the patient, [0058, 0078].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Arwari with that of Gao so that the server can determine if other users in the same location are affected.
As to claim 3. Arwari fails to disclose The wearable device of claim 1, wherein the wearable device is a bracelet configured to fit around and be worn around a wrist of the user.
Gao teaches a wearable patient monitoring device 100, [fig. 1A], that can be implemented as a wrist strap, [0046], and collects patient temperature, [0030], and transmits the data to a remote server for processing and, after comparing to a threshold, generates an alert and transmits an alert signal back to the patient monitoring device, [0063]; wherein the patient monitoring device can display the alert, [0040].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Arwari with that of Gao so that the user can have easy access of the patient device.
As to claim 4. Arwari discloses The wearable device of claim 1, wherein the transmitter is configured to transmit signals to an application running on a mobile device, [0055] the reader unit 38 is implemented as a mobile device; wherein [0057] reader unit 38 runs a software to perform the tasks; and wherein the transmitter communicates with the mobile device using Nearfield Communication or Bluetooth when the wearable device is located nearby to the mobile device, [0046].
As to claim 7. Arwari fails to disclose The wearable device of claim 1, the memory further comprising an instruction executed by the circuitry to cause the wearable device to display temperature information and diagnostic messages to the user.
Gao teaches a wearable patient monitoring device 100, [fig. 1A], that can be implemented as a wrist strap, [0046], and collects patient temperature, [0030], and transmits the data to a remote server for processing and, after comparing to a threshold, generates an alert and transmits an alert signal back to the patient monitoring device, [0063]; wherein the patient monitoring device can display the alert, [0040]; wherein the alert can include diagnosis information, [0095].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Arwari with that of Gao so that the user can be aware of the unhealthy temperature and can take action.
As to claim 8. Arwari discloses The wearable device of claim 1, wherein the wearable device further comprises an RFID circuit, RFID chip 26 [fig. 5, 0063], and wherein the memory further comprises an instruction executed by the circuitry to cause the RFID circuit in the wearable device to share identification information with an RFID reader located in a venue, [0066].
Arwari fails to disclose that the wearable device shares location information.
Gao teaches a wearable patient monitoring device 100, [fig. 1A], that can be implemented as a wrist strap, [0046], and collects patient data including temperature, [0030], and transmits the data to a remote server for processing and, after comparing to a threshold, generates an alert and transmits an alert signal back to the patient monitoring device, [0063]; wherein the patient monitoring device can display the alert, [0040]; wherein the patient data can further include location of the patient, [0058, 0078].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Arwari with that of Gao so that the server can determine if other users in the same location are affected.
As to claim 10. Arwari fails to disclose The wearable device of claim 1, wherein the wearable device further comprises a display, and wherein the memory further comprises an instruction executed by the circuitry to receive informational messages from the server and to display the received informational messages on the display of the wearable device.
Gao teaches a wearable patient monitoring device 100, [fig. 1A], that can be implemented as a wrist strap, [0046], and collects patient temperature, [0030], and transmits the data to a remote server for processing and, after comparing to a threshold, generates an alert and transmits an alert signal back to the patient monitoring device, [0063]; wherein the patient monitoring device can display the alert, [0040]; wherein the alert can include diagnosis information, [0095].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Arwari with that of Gao so that the user can be aware of the unhealthy temperature and can take action.
As to claims 11-14 are rejected using the same prior arts and reasoning as to that of claims 1-4, respectively.
Claims 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arwari in view of Gao as applied to claim 1 above, further in view of Boyden et al. [US 20090076840].
As to claim 6. the combination of Arwari and Gao fails to disclose The wearable device of claim 1, the memory further comprising an instruction executed by the circuitry to cause the wearable device to receive body temperature data and confidence values from sensors built into the circuitry.
Boyden teaches a wireless ICU with a temperature sensor, [0036]; wherein the sensor transmits a sensor error rate, [0060].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of the combination of Arwari and Gao with that of Boyden so that the system can consider the sensor error rate in the confidence score of the determined diagnosis.
As to claim 16 is rejected using the same prior arts and reasoning as to that of claim 6.
Claims 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arwari in view of Gao as applied to claim 1 above, further in view of Stump [US 20210000347].
As to claim 9. the combination of Arwari and Gao fails to disclose The wearable device of claim 1, the memory further comprising an instruction executed by the circuitry to cause the wearable device to serve as an alert beacon in response to the alert signal.
Stump teaches an enhanced physiological monitoring devices 537 implemented as wearable devices, [0131, fig. 5]; wherein the device can transmit an alert to a nearby device directly, [0142].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of the combination of Arwari and Gao with that of Stump so that other users can be made aware of a possible exposure to a disease.
As to claim 19 is rejected using the same prior arts and reasoning as to that of claim 9.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11471115. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the claim of the current application includes all the scope of the claim of the patent.
Claim 5 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11471115. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the claim of the current application includes all the scope of the claim of the patent.
Claim 11 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 11471115. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the claim of the current application includes all the scope of the claim of the patent.
Claim 15 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 11471115. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the claim of the current application includes all the scope of the claim of the patent.
Claims 1-4, 6-10, 12-14, 16-20 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11-18, respectively, of U.S. Patent No. 11471115. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the claim of the current application includes all the scope of the corresponding claim of the patent.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENYAM HAILE whose telephone number is (571)272-2080. The examiner can normally be reached 7:00 AM - 5:30 PM Mon. - Thur..
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, Steven Lim can be reached at (571)270-1210. 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.
/Benyam Haile/Primary Examiner, Art Unit 2688