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 .
Claim Objections
Claims 9 and 13 are objected to because of the following informalities:
In Claim 9, “wherein the method further comprises the steps of: detecting noise in the inner and/or the outer heat flux; and canceling the detected noise from the inner and/or the outer heat flux, before calculating the body heat generation model of the user” should read “wherein the method further comprises the steps of: detecting noise in the inner heat flux generation and/or the outer heat flux determination; and canceling the detected noise from the inner heat flux generation and/or the outer heat flux determination, before calculating the body heat generation model of the user” to avoid a rejection under 35 U.S.C. § 112(b).
In Claim 13, “A non-transitory computer-readable medium for creating a body heat generation model of a user, the computer-readable medium storing code, which code comprises instructions executable by a processor to…” should read “A non-transitory computer-readable medium for creating a body heat generation model of a user, the computer-readable medium storing code, [[which]] wherein the code comprises instructions executable by a processor to…”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim 12 is being interpreted under 35 U.S.C. § 112(f) as it:
Uses the nonce term “means” for the apparatus performing the specified function
“means” is linked with the transitional word “for” and modified by the functional language “receiving, from a wearable device, a skin temperature associated with a user by at least one temperature sensor located in the wearable device, thus obtaining at least one measured temperature value of the user”
“means” is not modified by sufficient structure, material, or acts for performing the claimed function.
This claim will be interpreted in accordance with the disclosure of the applicant on pages 31-32 and Figs. 4-5 as a processor connected to or comprising a data input and a data output and configured to perform the computer-implemented algorithm of acquiring physiological data associated with a physiological parameter of a user and equivalents thereof.
Claim 12 is also being interpreted under 35 U.S.C. § 112(f) as it:
Uses the nonce term “means” for the apparatus performing the specified function
“means” is linked with the transitional word “for” and modified by the functional language “determining external cooling factors based on at least one of the following: ambient temperature value, and a movement status of the user”
“means” is not modified by sufficient structure, material, or acts for performing the claimed function.
This claim will be interpreted in accordance with the disclosure of the applicant on pages 31-32 and 35-36 and Fig. 7 as a processor configured to perform the computer-implemented algorithm of determining external cooling factors and equivalents thereof.
Claim 12 is also being interpreted under 35 U.S.C. § 112(f) as it:
Uses the nonce term “means” for the apparatus performing the specified function
“means” is linked with the transitional word “for” and modified by the functional language “determining an outer heat flux based on the determined external cooling factors, in each of at least one contact point between the at least one temperature sensor and the skin of the user”
“means” is not modified by sufficient structure, material, or acts for performing the claimed function.
This claim will be interpreted in accordance with the disclosure of the applicant on pages 31-32 and 35-36 and Fig. 7 as a processor configured to perform the computer-implemented algorithm of determining an outer heat flux based on the determined external cooling factors and equivalents thereof.
Claim 12 is also being interpreted under 35 U.S.C. § 112(f) as it:
Uses the nonce term “means” for the apparatus performing the specified function
“means” is linked with the transitional word “for” and modified by the functional language “generating a model, wherein an inner heat flux comes at least partly from soft tissues of the user, directed towards each of the at least one contact point, and wherein the model comprises heat convection information in the soft tissues of the user and the outer heat flux”
“means” is not modified by sufficient structure, material, or acts for performing the claimed function.
This claim will be interpreted in accordance with the disclosure of the applicant on pages 31-32 and 35-36 and Fig. 7 as a processor configured to perform the computer-implemented algorithm of generating a model and equivalents thereof.
Claim 12 is also being interpreted under 35 U.S.C. § 112(f) as it:
Uses the nonce term “means” for the apparatus performing the specified function
“means” is linked with the transitional word “for” and modified by the functional language “determining a two-dimensional temperature map across at least part of a two-dimensional cross-sectional area inside the wearable device within the soft tissues of the user, using each solved inner heat flux and the heat convection information in the soft tissues of the user, resulting in the body heat generation model of the user”
“means” is not modified by sufficient structure, material, or acts for performing the claimed function.
This claim will be interpreted in accordance with the disclosure of the applicant on pages 31-32 and 35-36 and Fig. 7 as a processor configured to perform the computer-implemented algorithm of determining a two-dimensional temperature map and equivalents thereof.
Claim 12 is also being interpreted under 35 U.S.C. § 112(f) as it:
Uses the nonce term “means” for the apparatus performing the specified function
“means” is linked with the transitional word “for” and modified by the functional language “determining an indicator of health or wellbeing information of the user from the resulting body heat generation model of the user”
“means” is not modified by sufficient structure, material, or acts for performing the claimed function.
This claim will be interpreted in accordance with the disclosure of the applicant on pages 31-32 and 35-36 and Fig. 7 as a processor configured to perform the computer-implemented algorithm of determining an indicator of health or wellbeing information and equivalents thereof.
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 1-13 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.
Claim 1 recites “generating a model in the processor of the apparatus”, Claim 11 recites “instructions being executable by the processor to cause the apparatus to…generate a model”, Claim 12 recites “means for generating a model”, and Claim 13 recites “instructions executable by a processor to…generate a model”. For each of these independent claims, it is unclear if the recited model is the same as the “body heat generation model” recited in the preamble, or a different model. For the purposes of substantive examination, it is presumed the generated model is the same model as the body heat generation model recited in the preamble.
Claim 1 recites “determining a two-dimensional temperature map across at least part of a two- dimensional cross-sectional area inside the wearable device within the soft tissues of the user…”. This sentence construction can be construed to imply the wearable device is placed within the soft tissues of the user, which is unclear as the specification only discloses wearable devices worn on the user, not within the user (see pages 4-5). For the purposes of substantive examination, the examiner is construing this claim limitation as “determining a two-dimensional temperature map of the soft tissues of the user across at least part of a two- dimensional cross-sectional area covered by inside the wearable device”.
Claims 11-13 are rejected for substantially similar reasons and will be construed in the same manner.
Claims 1 and 11-13 recite “wherein an inner heat flux comes at least partly from soft tissues of the user…determin[ing] a two-dimensional temperature map across at least part of a two- dimensional cross-sectional area inside the wearable device within the soft tissues of the user, using each solved inner heat flux and the heat convection information in the soft tissues of the user, resulting in the body heat generation model of the user”. It is unclear if the “solved inner heat flux” is the same as the inner heat flux recited before, and when the inner heat flux was solved. It is also unclear why multiple heat fluxes are recited (“each inner heat flux”) when only a singular heat flux was recited before. For the purposes of substantive examination, the examiner is construing this claim limitation as “wherein an inner heat flux comes at least partly from soft tissues of the user…determin[ing] a two-dimensional temperature map across at least part of a two- dimensional cross-sectional area inside the wearable device within the soft tissues of the user, using the inner heat flux and the heat convection information in the soft tissues of the user, resulting in the body heat generation model of the user”.
Claims 2-10 are rejected by virtue of dependence on Claim 1.
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 1-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than an abstract idea. A streamlined analysis of claim 1 follows.
Regarding Claim 1, the claim recites a method for creating a body heat generation model of a user. Thus, the claim is directed to a process, which is one of the statutory categories of invention (Step 1).
Regarding Claim 11, the claim recites an apparatus for creating a body heat generation model of a user. Thus, the claim is directed to an apparatus, which is one of the statutory categories of invention (Step 1).
Regarding Claim 12, the claim recites an apparatus for creating a body heat generation model of a user. Thus, the claim is directed to an apparatus, which is one of the statutory categories of invention (Step 1).
Regarding Claim 13, the claim recites a non-transitory computer-readable medium for creating a body heat generation model of a user. Thus, the claim is directed to an apparatus, which is one of the statutory categories of invention (Step 1).
The claims are then analyzed to determine whether it is directed to any judicial exception (Step 2A, Prong One). The following limitations in Claim 1 and corresponding limitations in Claims 11-13 set forth a judicial exception:
Determining… external cooling factors based on at least one of the following: ambient temperature value, and a movement status of the user
Determining… an outer heat flux based on the determined external cooling factors, in each of at least one contact point between the at least one temperature sensor and the skin of the user
generating a model…where an inner heat flux comes at least partly from soft tissues of the user, directed towards each of the at least one contact point, and wherein the model comprises heat convection information in the soft tissues of the user and the outer heat flux
determining a two-dimensional temperature map across at least part of a two- dimensional cross-sectional area inside the wearable device within the soft tissues of the user, using each solved inner heat flux and the heat convection information in the soft tissues of the user, resulting in the body heat generation model of the user
determining an indicator of health or wellbeing information of the user from the resulting body heat generation model of the user
These limitations describe a mathematical calculation and/or a mental process as the skilled artisan is capable of performing the recited limitations and making a mental assessment thereafter. Examiner also notes that nothing from the claims suggest that the limitations cannot be practically performed by a human with the aid of a pen and paper, or using a generic computer as a tool to perform mathematical calculations and/or mental process steps in real time. Examiner also notes that nothing from the claims suggests an undue level of complexity that the mathematical calculations and/or the mental process steps cannot be practically performed by a human with the aid of a pen and paper, or using a generic computer as a tool to perform mathematical calculations and/or mental process steps.
For example:
A human is able to manually/mentally determine external cooling factors based on at least one of the following: ambient temperature value, and a movement status of the user, e.g. with pen and paper, qualitatively in the mind, or using a computer as a generic computing component.
A human is able to manually/mentally determine an outer heat flux based on the determined external cooling factors, in each of at least one contact point between the at least one temperature sensor and the skin of the user by using mathematics that can be performed with the aid of a pen and paper, or using a generic computer as a tool to perform mathematical calculations and/or mental process steps in real time.
A human is able to manually/mentally generate a model, where an inner heat flux comes at least partly from soft tissues of the user, directed towards each of the at least one contact point, and where heat convection information in the soft tissues of the user is comprised in the model and the outer heat flux is comprised in the model by using mathematics that can be performed with the aid of a pen and paper, or using a generic computer as a tool to perform mathematical calculations and/or mental process steps in real time.
A human is able to manually/mentally determine a two-dimensional temperature map across at least part of a two-dimensional cross-sectional area inside the wearable device within the soft tissues of the user, using each solved inner heat flux and the heat convection information in the soft tissues of the user, resulting in the body heat generation model of the user by using mathematics that can be performed with the aid of a pen and paper, or using a generic computer as a tool to perform mathematical calculations and/or mental process steps in real time, and creating said map by using pen and paper or a generic computer.
A human is capable of manually/mentally determining an indicator of health or wellbeing information of the user from the resulting body heat generation model of the user, e.g. with pen and paper, qualitatively in the mind, or using a computer as a generic computing component.
Next, the claims as a whole are analyzed to determine whether any element, or combination of elements, integrates the identified judicial exception into a practical application (Step 2A, Prong Two).
The following limitations amount to insignificant extra-solution activity to the judicial exception, e.g. mere data gathering. See MPEP 2106.05(g).
receiving, from a wearable device, a skin temperature associated with a user by at least one temperature sensor located in the wearable device, thus obtaining at least one measured temperature value of the user…(Claim 1)
receive, from a wearable device, a skin temperature associated with a user by at least one temperature sensor located in the wearable device, thus obtaining at least one measured temperature value of the user…(Claims 11 and 13)
means for receiving, from a wearable device, a skin temperature associated with a user by at least one temperature sensor located in the wearable device, thus obtaining at least one measured temperature value of the user…(Claim 12)
The following limitations amount to a recitation of the words "apply it" (or an equivalent)and/or nothing more than mere instructions to implement the abstract idea on a generic computer. See MPEP 2106.05(f).
determining, in a processor of an apparatus…(Claim 1)
generating a model in the processor of the apparatus…(Claim 1)
An apparatus for creating a body heat generation model of a user, the apparatus comprising: a processor; a memory coupled with the processor, and instructions stored in the memory; the instructions being executable by the processor to cause the apparatus to… (Claim 11)
means for determining external cooling factors based on at least one of the following: ambient temperature value, and a movement status of the user (Claim 12)
means for determining an outer heat flux based on the determined external cooling factors, in each of at least one contact point between the at least one temperature sensor and the skin of the user (Claim 12)
means for generating a model, wherein an inner heat flux comes at least partly from soft tissues of the user, directed towards each of the at least one contact point, and wherein the model comprises heat convection information in the soft tissues of the user and the outer heat flux (Claim 12)
means for determining a two-dimensional temperature map across at least part of a two-dimensional cross-sectional area inside the wearable device within the soft tissues of the user, using each solved inner heat flux and the heat convection information in the soft tissues of the user, resulting in the body heat generation model of the user (Claim 12)
means for determining an indicator of health or wellbeing information of the user from the resulting body heat generation model of the user (Claim 12)
A non-transitory computer-readable medium for creating a body heat generation model of a user, the computer-readable medium storing code, which code comprises instructions executable by a processor to… (Claim 13)
Therefore, these additional limitations do not integrate the judicial exception into a practical application.
Next, the claim as a whole is analyzed to determine whether any element, or combination of elements, amounts to significantly more than the identified judicial exception (Step 2B):
The following limitations do not amount to significantly more than the abstract idea for substantially similar reasons applied in Step 2A, Prong Two.
receiving, from a wearable device, a skin temperature associated with a user by at least one temperature sensor located in the wearable device, thus obtaining at least one measured temperature value of the user…(Claim 1)
receive, from a wearable device, a skin temperature associated with a user by at least one temperature sensor located in the wearable device, thus obtaining at least one measured temperature value of the user…(Claims 11 and 13)
means for receiving, from a wearable device, a skin temperature associated with a user by at least one temperature sensor located in the wearable device, thus obtaining at least one measured temperature value of the user…(Claim 12)
determining, in a processor of an apparatus…(Claim 1)
generating a model in the processor of the apparatus…(Claim 1)
An apparatus for creating a body heat generation model of a user, the apparatus comprising: a processor; a memory coupled with the processor, and instructions stored in the memory; the instructions being executable by the processor to cause the apparatus to… (Claim 11)
means for determining external cooling factors based on at least one of the following: ambient temperature value, and a movement status of the user (Claim 12)
means for determining an outer heat flux based on the determined external cooling factors, in each of at least one contact point between the at least one temperature sensor and the skin of the user (Claim 12)
means for generating a model, wherein an inner heat flux comes at least partly from soft tissues of the user, directed towards each of the at least one contact point, and wherein the model comprises heat convection information in the soft tissues of the user and the outer heat flux (Claim 12)
means for determining a two-dimensional temperature map across at least part of a two-dimensional cross-sectional area inside the wearable device within the soft tissues of the user, using each solved inner heat flux and the heat convection information in the soft tissues of the user, resulting in the body heat generation model of the user (Claim 12)
means for determining an indicator of health or wellbeing information of the user from the resulting body heat generation model of the user (Claim 12)
A non-transitory computer-readable medium for creating a body heat generation model of a user, the computer-readable medium storing code, which code comprises instructions executable by a processor to… (Claim 13)
The following limitations is/are considered to be well-understood, routine, and conventional (WURC).
The temperature sensor located in the wearable device is considered to be well-understood, routine, and conventional based on statement from the applicant' s specification filed 06/29/2023 (“The electronic devices may include any electronic devices known in the art, including wearable devices 104 (e.g., ring wearable devices, watch wearable devices, etc.),user devices106 (e.g., smartphones, laptops, tablets)”, page 4; “Example temperature sensors 240 may comprise a thermistor, such as a negative temperature coefficient (NTC) thermistor, or other types of sensors including resistors, transistors, diodes, and/or other electrical/electronic components”, page 15).
The processor, memory, and non-transitory computer-readable medium are considered to be well-understood, routine, and conventional based on statement from the applicant' s specification filed 06/29/2023 (“The memory 215(memory module) of the ring 104may include any volatile, non- volatile, magnetic, or electrical media, such as a random-access memory (RAM), read-only memory (ROM), non-volatile RAM (NVRAM), electrically erasable programnmable ROM (EEPROM), flash memory, or any other memory device”, page 12; “The processing module 230-a of the ring 104 may include one or more processors (e.g., processing units), microcontrollers, digital signal processors, systems on a chip (SOCs), and/or other processing devices”, page 13).
Dependent Claims 2-4 and 7-10 also fail to add subject matter qualifying as significantly more to the abstract independent claims as they merely further limit the abstract idea.
Dependent Claims 2-6 also fail to add subject qualifying as significantly more to the abstract independent claims as they recite limitations that do not integrate the claims into a practical application for substantially similar reasons as set forth above.
Dependent Claims 2-6 also fail to add subject matter integrating the judicial exception or qualifying as significantly more to the abstract independent claims as they do not recite significantly more than the identified abstract idea for substantially similar reasons as set forth above.
Therefore, Claims 1-13 are not patent eligible under 35 U.S.C. § 101.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3-5, and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over H. Lee et al (US 20240302223 A1, hereinafter H. Lee) in view of S. Lee et al (US 20230400364 A1, hereinafter S. Lee).
Regarding Claim 1, H. Lee discloses a method for creating a body heat generation model of a user (See Fig. 13, [0024], [0109]), comprising:
receiving, from a wearable device (“Referring to FIG. 6, the electronic device may be implemented as a smart watch-type wearable device 600 which includes a main body MB and a wrist strap ST”, [0081]), a skin temperature associated with a user by at least one temperature sensor located in the wearable device (“The sensor 120 may include the temperature sensor 121 configured to measure a first temperature of a skin surface when an object comes into contact with the main body 110”, [0042]), thus obtaining at least one measured temperature value of the user (Step 510, Fig. 5);
generating a model (See Fig. 13b) in the processor of the apparatus (Element 430, Fig. 4), where an inner heat flux comes at least partly from soft tissues of the user (“the processor 130 may estimate the user's core body temperature based on a linear combination of a ratio between the measured heat flux and a predetermined skin heat transfer coefficient with the first temperature”, [0059]), directed towards each of the at least one contact point (“A flexible board 260 that satisfies a predetermined range of curvature (e.g., 30 mm to 60 mm) may be disposed on a lower surface of the thermogalvanic cell 210, and flexible characteristics of the flexible board 260 allow the heat flux sensor 122 to easily contact any object for estimating body temperature”, [0055]), and wherein the model comprises heat convection information in the soft tissues of the user (“the processor 130 may estimate the user's core body temperature based on a linear combination of a ratio between the measured heat flux and a predetermined skin heat transfer coefficient with the first temperature”, [0059]);
determining a two-dimensional temperature map across at least part of a two- dimensional cross-sectional area inside the wearable device within the soft tissues of the user (“In this case, the processor 1240 may create at least one of a temperature distribution (e.g., a temperature contour) and a heat flux distribution (e.g., heat flux contour) based on at least one of the heat flux, measured in the respective thermogalvanic cells 1220, and the surface temperature of the electrode disposed on the first surface”, [0111]), using each solved inner heat flux (“Specifically, referring to the heat flux distribution map (b) in FIG. 13, the heat flux distribution is obtained based on the heat flux that is measured by each of the plurality of thermogalvanic cells 1220”, [0057]) and the heat convection information in the soft tissues of the user (“the processor 1240 may create the temperature distribution or the heat flux distribution of a portion where a sensor is attached, by collecting the heat flux measured in each thermogalvanic cell 1220 and the measured surface temperature of the electrode on the upper surface of each thermogalvanic cell 1220”, [0111]), resulting in the body heat generation model of the user (See Fig. 13b); and
determining an indicator of health or wellbeing information of the user from the resulting body heat generation model of the user (“For example, the output interface 450 may provide the estimated core body temperature to the user by a visual method. In this case, if the estimated core body temperature value falls outside a normal range, the output interface 450 may provide the user with warning information by changing color, line thickness, etc., or by displaying the abnormal value along with the normal range, so that the user may easily recognize the estimated value”, [0069]; also see [0079]).
H. Lee discloses the claimed invention except for expressly disclosing determining, in a processor of an apparatus, external cooling factors based on at least one of the following: ambient temperature value, and a movement status of the user;
determining, in the processor of the apparatus, an outer heat flux based on the determined external cooling factors, in each of at least one contact point between the at least one temperature sensor and the skin of the user; and wherein the model comprises the outer heat flux.
However, S. Lee, which is also directed towards a method for creating a body heat generation model of a user (See Fig. 10), teaches determining, in a processor of an apparatus (Element 130, Fig. 1; “The method of FIG. 10 is an example of a method of estimating body temperature performed by the electronic device 100 of FIG. 1”, [0106]), external cooling factors (Steps 1012-1014, Fig. 10) based on at least one of the following: ambient temperature value (“In the following description, the term “ambient temperature of the main body” may refer to an ambient air temperature outside of the main body, and may refer to an air temperature range that affects heat loss during estimation of body temperature.”, [0044]), and a movement status of the user (The Examiner notes this limitation is part of alternative list and not required to be disclosed by the reference);
determining, in the processor of the apparatus, an outer heat flux based on the determined external cooling factors (Step 1015, Fig. 10), in each of at least one contact point between the at least one temperature sensor and the skin of the user (“a processor configured …to estimate an ambient temperature of a main body based on the second temperature, to calculate a heat loss, which occurs from a reference body location to the body skin due to the ambient temperature of the main body”, Abstract); and
wherein the model comprises the outer heat flux (See the model of Fig 10, which comprises heat loss calculations at step 1015).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the external cooling factors of S. Lee to the method of H. Lee, because accounting for external cooling factors and outer heat flux corrects the final body heat generation model and makes it more accurate (see [0011] of S. Lee).
Regarding Claim 3, modified H. Lee discloses the method according to claim 1, wherein the method further comprises a step of:
using heat flux sensors for the at least one temperature sensor (“The heat flux sensor 122 may include a circuit element for obtaining data for body temperature estimation from a user”, [0044]).
Regarding Claim 4, modified H. Lee discloses the method according to claim l. Modified H. Lee discloses the claimed invention except for expressly disclosing wherein the method further comprises a step of:
using the body heat generation model for creating a health or wellbeing status parameter of the user, comprising illness detection, illness prediction, stress level indication, revival of metabolism, menopause determination/prediction based on hot flashes of female users, and period prediction of female users.
However, S. Lee teaches wherein the method further comprises a step of:
using the body heat generation model for creating a health or wellbeing status parameter of the user, comprising illness detection (See Fig. 9D; the text output and graphed temperature of 39°C on the device both indicate illness detection), illness prediction, stress level indication, revival of metabolism, menopause determination/prediction based on hot flashes of female users, and period prediction of female users.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the illness detection of S. Lee to the method of H. Lee, for the purposes of recommending an intervention to the user (See [0105] of S. Lee).
Regarding Claim 5, modified H. Lee discloses the method according to claim 1, wherein the method further comprises a step of using four temperature sensors in the wearable device for the skin temperature measurements (sensor (“The heat flux sensor 122 may include a circuit element for obtaining data for body temperature estimation from a user”, [0044]; See Fig. 13—more than 4 temperature sensors 1220 are in the array).
Regarding Claim 11, H. Lee discloses an apparatus for creating a body heat generation model of a user (Element 400, Fig. 4), the apparatus comprising:
a processor (Element 430, Fig. 4);
a memory (Element 440, Fig. 4; also see [0114]) coupled with the processor (See Fig. 4), and instructions stored in the memory (“The present disclosure can be realized as a computer-readable code written on a computer-readable recording medium”, [0113]);
the instructions being executable by the processor to cause the apparatus to (See [0114]):
receive, from a wearable device (“Referring to FIG. 6, the electronic device may be implemented as a smart watch-type wearable device 600 which includes a main body MB and a wrist strap ST”, [0081]), a skin temperature associated with a user by at least one temperature sensor located in the wearable device (“The sensor 120 may include the temperature sensor 121 configured to measure a first temperature of a skin surface when an object comes into contact with the main body 110”, [0042]), thus obtaining at least one measured temperature value of the user (Step 510, Fig. 5);
generate a model (See Fig. 13b), wherein an inner heat flux comes at least partly from soft tissues of the user(“the processor 130 may estimate the user's core body temperature based on a linear combination of a ratio between the measured heat flux and a predetermined skin heat transfer coefficient with the first temperature”, [0059]), directed towards each of the at least one contact point (“A flexible board 260 that satisfies a predetermined range of curvature (e.g., 30 mm to 60 mm) may be disposed on a lower surface of the thermogalvanic cell 210, and flexible characteristics of the flexible board 260 allow the heat flux sensor 122 to easily contact any object for estimating body temperature”, [0055]), and wherein the model comprises heat convection information in the soft tissues of the user (“the processor 130 may estimate the user's core body temperature based on a linear combination of a ratio between the measured heat flux and a predetermined skin heat transfer coefficient with the first temperature”, [0059]);
determine a two-dimensional temperature map across at least part of a two-dimensional cross-sectional area inside the wearable device within the soft tissues of the user (“In this case, the processor 1240 may create at least one of a temperature distribution (e.g., a temperature contour) and a heat flux distribution (e.g., heat flux contour) based on at least one of the heat flux, measured in the respective thermogalvanic cells 1220, and the surface temperature of the electrode disposed on the first surface”, [0111]), using each solved inner heat flux (“Specifically, referring to the heat flux distribution map (b) in FIG. 13, the heat flux distribution is obtained based on the heat flux that is measured by each of the plurality of thermogalvanic cells 1220”, [0057]) and the heat convection information in the soft tissues of the user (“the processor 1240 may create the temperature distribution or the heat flux distribution of a portion where a sensor is attached, by collecting the heat flux measured in each thermogalvanic cell 1220 and the measured surface temperature of the electrode on the upper surface of each thermogalvanic cell 1220”, [0111]), resulting in the body heat generation model of the user (See Fig. 13b); and
determine an indicator of health or wellbeing information of the user from the resulting body heat generation model of the user (“ For example, the output interface 450 may provide the estimated core body temperature to the user by a visual method. In this case, if the estimated core body temperature value falls outside a normal range, the output interface 450 may provide the user with warning information by changing color, line thickness, etc., or by displaying the abnormal value along with the normal range, so that the user may easily recognize the estimated value”, [0069]; also see [0079]).
H. Lee discloses the claimed invention except for expressly disclosing the instructions being executable by the processor to cause the apparatus to: determine external cooling factors based on at least one of the following: ambient temperature value, and a movement status of the user;
determine an outer heat flux based on the determined external cooling factors, in each of at least one contact point between the at least one temperature sensor and the skin of the user;
wherein the model comprises the outer heat flux;
However, S. Lee, which is also directed towards an apparatus (Element 100, Fig. 1) for creating a body heat generation model of a user (See Fig. 10), teaches instructions being executable by the processor to cause the apparatus to (“an example embodiment can be embodied as computer-readable code on a computer-readable recording medium. The computer-readable recording medium is any data storage device that can store data that can be thereafter read by a computer system”, [0138]):
determine external cooling factors (Steps 1012-1014, Fig. 10) based on at least one of the following: ambient temperature value (“ In the following description, the term “ambient temperature of the main body” may refer to an ambient air temperature outside of the main body, and may refer to an air temperature range that affects heat loss during estimation of body temperature.”, [0044]), and a movement status of the user (The Examiner notes this limitation is part of alternative list and not required to be disclosed by the reference);
determine an outer heat flux based on the determined external cooling factors (Step 1015, Fig. 10), in each of at least one contact point between the at least one temperature sensor and the skin of the user (“a processor configured …to estimate an ambient temperature of a main body based on the second temperature, to calculate a heat loss, which occurs from a reference body location to the body skin due to the ambient temperature of the main body”, Abstract); and
wherein the model comprises the outer heat flux (See the model of Fig 10, which comprises heat loss calculations at step 1015).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the external cooling factors of S. Lee to the computer-readable instructions of H. Lee, because accounting for external cooling factors and outer heat flux corrects the final body heat generation model and makes it more accurate (see [0011] of S. Lee).
Regarding Claim 12, H. Lee discloses an apparatus for creating a body heat generation model of a user (Element 400, Fig. 4), the apparatus comprising:
means for receiving (Elements 430, 450, and 460, Fig. 4; see the interpretation of this clause under 35 U.S.C. § 112(f) above), from a wearable device (“Referring to FIG. 6, the electronic device may be implemented as a smart watch-type wearable device 600 which includes a main body MB and a wrist strap ST”, [0081]), a skin temperature associated with a user by at least one temperature sensor located in the wearable device (“The sensor 120 may include the temperature sensor 121 configured to measure a first temperature of a skin surface when an object comes into contact with the main body 110”, [0042]), thus obtaining at least one measured temperature value of the user (Step 510, Fig. 5);
means for generating (Element 430, Fig. 4) a model (See Fig. 13b), where an inner heat flux comes at least partly from soft tissues of the user (“the processor 130 may estimate the user's core body temperature based on a linear combination of a ratio between the measured heat flux and a predetermined skin heat transfer coefficient with the first temperature”, [0059]), directed towards each of the at least one contact point (“A flexible board 260 that satisfies a predetermined range of curvature (e.g., 30 mm to 60 mm) may be disposed on a lower surface of the thermogalvanic cell 210, and flexible characteristics of the flexible board 260 allow the heat flux sensor 122 to easily contact any object for estimating body temperature”, [0055]), and wherein the model comprises heat convection information in the soft tissues of the user (“the processor 130 may estimate the user's core body temperature based on a linear combination of a ratio between the measured heat flux and a predetermined skin heat transfer coefficient with the first temperature”, [0059]);
means for determining (Element 430, Fig. 4) a two-dimensional temperature map across at least part of a two-dimensional cross-sectional area inside the wearable device within the soft tissues of the user (“In this case, the processor 1240 may create at least one of a temperature distribution (e.g., a temperature contour) and a heat flux distribution (e.g., heat flux contour) based on at least one of the heat flux, measured in the respective thermogalvanic cells 1220, and the surface temperature of the electrode disposed on the first surface”, [0111]), using each solved inner heat flux (“Specifically, referring to the heat flux distribution map (b) in FIG. 13, the heat flux distribution is obtained based on the heat flux that is measured by each of the plurality of thermogalvanic cells 1220”, [0057]) and the heat convection information in the soft tissues of the user (“the processor 1240 may create the temperature distribution or the heat flux distribution of a portion where a sensor is attached, by collecting the heat flux measured in each thermogalvanic cell 1220 and the measured surface temperature of the electrode on the upper surface of each thermogalvanic cell 1220”, [0111]), resulting in the body heat generation model of the user (See Fig. 13b); and
means for determining (Element 430, Fig. 4) an indicator of health or wellbeing information of the user from the resulting body heat generation model of the user (“For example, the output interface 450 may provide the estimated core body temperature to the user by a visual method. In this case, if the estimated core body temperature value falls outside a normal range, the output interface 450 may provide the user with warning information by changing color, line thickness, etc., or by displaying the abnormal value along with the normal range, so that the user may easily recognize the estimated value”, [0069]; also see [0079]).
H. Lee discloses the claimed invention except for expressly disclosing means for determining external cooling factors based on at least one of the following: ambient temperature value, and a movement status of the user;
means for determining an outer heat flux based on the determined external cooling factors, in each of at least one contact point between the at least one temperature sensor and the skin of the user; and
wherein the model comprises the outer flux.
However, S. Lee, which is also directed towards an apparatus (Element 100, Fig. 1) for creating a body heat generation model of a user (See Fig. 10), teaches means for determining (Element 130, Fig. 1; “The method of FIG. 10 is an example of a method of estimating body temperature performed by the electronic device 100 of FIG. 1”, [0106]) external cooling factors (Steps 1012-1014, Fig. 10) based on at least one of the following: ambient temperature value (“In the following description, the term “ambient temperature of the main body” may refer to an ambient air temperature outside of the main body, and may refer to an air temperature range that affects heat loss during estimation of body temperature.”, [0044]), and a movement status of the user (The Examiner notes this limitation is part of alternative list and not required to be disclosed by the reference);
means for determining (Element 130, Fig. 1; “The method of FIG. 10 is an example of a method of estimating body temperature performed by the electronic device 100 of FIG. 1”, [0106]) an outer heat flux (Step 1015, Fig. 10) based on the determined external cooling factors, in each of at least one contact point between the at least one temperature sensor and the skin of the user (“a processor configured …to estimate an ambient temperature of a main body based on the second temperature, to calculate a heat loss, which occurs from a reference body location to the body skin due to the ambient temperature of the main body”, Abstract); and
wherein the model comprises the outer flux (See the model of Fig 10, which comprises heat loss calculations at step 1015).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the external cooling factors of S. Lee to the apparatus of H. Lee, because accounting for external cooling factors and outer heat flux corrects the final body heat generation model and makes it more accurate (see [0011] of S. Lee).
Regarding Claim 13, H. Lee discloses a non-transitory computer-readable medium (See [0114]) for creating a body heat generation model of a user (See Fig. 13b), the computer-readable medium storing code (“The present disclosure can be realized as a computer-readable code written on a computer-readable recording medium”, [0113]), which code comprises instructions executable by a processor (Element 430, Fig. 4) to:
receive, from a wearable device (“Referring to FIG. 6, the electronic device may be implemented as a smart watch-type wearable device 600 which includes a main body MB and a wrist strap ST”, [0081]), a skin temperature associated with a user by at least one temperature sensor located in the wearable device (“The sensor 120 may include the temperature sensor 121 configured to measure a first temperature of a skin surface when an object comes into contact with the main body 110”, [0042]), thus obtaining at least one measured temperature value of the user (Step 510, Fig. 5);
generate a model (See Fig. 13b), wherein an inner heat flux comes at least partly from soft tissues of the user(“the processor 130 may estimate the user's core body temperature based on a linear combination of a ratio between the measured heat flux and a predetermined skin heat transfer coefficient with the first temperature”, [0059]), directed towards each of the at least one contact point (“A flexible board 260 that satisfies a predetermined range of curvature (e.g., 30 mm to 60 mm) may be disposed on a lower surface of the thermogalvanic cell 210, and flexible characteristics of the flexible board 260 allow the heat flux sensor 122 to easily contact any object for estimating body temperature”, [0055]), and wherein the model comprises heat convection information in the soft tissues of the user (“the processor 130 may estimate the user's core body temperature based on a linear combination of a ratio between the measured heat flux and a predetermined skin heat transfer coefficient with the first temperature”, [0059]);
determine a two-dimensional temperature map across at least part of a two-dimensional cross-sectional area inside the wearable device within the soft tissues of the user (“In this case, the processor 1240 may create at least one of a temperature distribution (e.g., a temperature contour) and a heat flux distribution (e.g., heat flux contour) based on at least one of the heat flux, measured in the respective thermogalvanic cells 1220, and the surface temperature of the electrode disposed on the first surface”, [0111]), using each solved inner heat flux (“Specifically, referring to the heat flux distribution map (b) in FIG. 13, the heat flux distribution is obtained based on the heat flux that is measured by each of the plurality of thermogalvanic cells 1220”, [0057]) and the heat convection information in the soft tissues of the user (“the processor 1240 may create the temperature distribution or the heat flux distribution of a portion where a sensor is attached, by collecting the heat flux measured in each thermogalvanic cell 1220 and the measured surface temperature of the electrode on the upper surface of each thermogalvanic cell 1220”, [0111]), resulting in the body heat generation model of the user (See Fig. 13b); and
determine an indicator of health or wellbeing information of the user from the resulting body heat generation model of the user (“ For example, the output interface 450 may provide the estimated core body temperature to the user by a visual method. In this case, if the estimated core body temperature value falls outside a normal range, the output interface 450 may provide the user with warning information by changing color, line thickness, etc., or by displaying the abnormal value along with the normal range, so that the user may easily recognize the estimated value”, [0069]; also see [0079]).
H. Lee discloses the claimed invention except for expressly disclosing wherein the code comprises instructions executable by a processor to:
However, S. Lee, which also discloses a non-transitory computer-readable medium, the computer-readable medium storing code, teaches wherein the code comprises instructions executable by a processor (“an example embodiment can be embodied as computer-readable code on a computer-readable recording medium. The computer-readable recording medium is any data storage device that can store data that can be thereafter read by a computer system”, [0138]) to:
determine external cooling factors (Steps 1012-1014, Fig. 10) based on at least one of the following: ambient temperature value (“ In the following description, the term “ambient temperature of the main body” may refer to an ambient air temperature outside of the main body, and may refer to an air temperature range that affects heat loss during estimation of body temperature.”, [0044]), and a movement status of the user (The Examiner notes this limitation is part of alternative list and not required to be disclosed by the reference);
determine an outer heat flux based on the determined external cooling factors (Step 1015, Fig. 10), in each of at least one contact point between the at least one temperature sensor and the skin of the user (“a processor configured …to estimate an ambient temperature of a main body based on the second temperature, to calculate a heat loss, which occurs from a reference body location to the body skin due to the ambient temperature of the main body”, Abstract); and
the outer heat flux is comprised in the model (See the model of Fig 10, which comprises heat loss calculations at step 1015).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the external cooling factors of S. Lee to the computer-readable instructions of H. Lee, because accounting for external cooling factors and outer heat flux corrects the final body heat generation model and makes it more accurate (see [0011] of S. Lee).
Regarding Claim 13, H. Lee discloses a non-transitory computer-readable medium (See [0114]) for creating a body heat generation model of a user (See Fig. 13b), the computer-readable medium storing code (“The present disclosure can be realized as a computer-readable code written on a computer-readable recording medium”, [0113]), which code comprises instructions executable by a processor (Element 430, Fig. 4) to:
receive, from a wearable device (“Referring to FIG. 6, the electronic device may be implemented as a smart watch-type wearable device 600 which includes a main body MB and a wrist strap ST”, [0081]), a skin temperature associated with a user by at least one temperature sensor located in the wearable device (“The sensor 120 may include the temperature sensor 121 configured to measure a first temperature of a skin surface when an object comes into contact with the main body 110”, [0042]), thus obtaining at least one measured temperature value of the user (Step 510, Fig. 5);
generate a model (See Fig. 13b), wherein an inner heat flux comes at least partly from soft tissues of the user(“the processor 130 may estimate the user's core body temperature based on a linear combination of a ratio between the measured heat flux and a predetermined skin heat transfer coefficient with the first temperature”, [0059]), directed towards each of the at least one contact point (“A flexible board 260 that satisfies a predetermined range of curvature (e.g., 30 mm to 60 mm) may be disposed on a lower surface of the thermogalvanic cell 210, and flexible characteristics of the flexible board 260 allow the heat flux sensor 122 to easily contact any object for estimating body temperature”, [0055]), and wherein the model comprises heat convection information in the soft tissues of the user (“the processor 130 may estimate the user's core body temperature based on a linear combination of a ratio between the measured heat flux and a predetermined skin heat transfer coefficient with the first temperature”, [0059]);
determine a two-dimensional temperature map across at least part of a two-dimensional cross-sectional area inside the wearable device within the soft tissues of the user (“In this case, the processor 1240 may create at least one of a temperature distribution (e.g., a temperature contour) and a heat flux distribution (e.g., heat flux contour) based on at least one of the heat flux, measured in the respective thermogalvanic cells 1220, and the surface temperature of the electrode disposed on the first surface”, [0111]), using each solved inner heat flux (“Specifically, referring to the heat flux distribution map (b) in FIG. 13, the heat flux distribution is obtained based on the heat flux that is measured by each of the plurality of thermogalvanic cells 1220”, [0057]) and the heat convection information in the soft tissues of the user (“the processor 1240 may create the temperature distribution or the heat flux distribution of a portion where a sensor is attached, by collecting the heat flux measured in each thermogalvanic cell 1220 and the measured surface temperature of the electrode on the upper surface of each thermogalvanic cell 1220”, [0111]), resulting in the body heat generation model of the user (See Fig. 13b); and
determine an indicator of health or wellbeing information of the user from the resulting body heat generation model of the user (“ For example, the output interface 450 may provide the estimated core body temperature to the user by a visual method. In this case, if the estimated core body temperature value falls outside a normal range, the output interface 450 may provide the user with warning information by changing color, line thickness, etc., or by displaying the abnormal value along with the normal range, so that the user may easily recognize the estimated value”, [0069]; also see [0079]).
H. Lee discloses the claimed invention except for expressly disclosing wherein the code comprises instructions executable by a processor to:
However, S. Lee, which also discloses a non-transitory computer-readable medium, the computer-readable medium storing code, teaches wherein the code comprises instructions executable by a processor (“an example embodiment can be embodied as computer-readable code on a computer-readable recording medium. The computer-readable recording medium is any data storage device that can store data that can be thereafter read by a computer system”, [0138]) to:
determine external cooling factors (Steps 1012-1014, Fig. 10) based on at least one of the following: ambient temperature value (“ In the following description, the term “ambient temperature of the main body” may refer to an ambient air temperature outside of the main body, and may refer to an air temperature range that affects heat loss during estimation of body temperature.”, [0044]), and a movement status of the user (The Examiner notes this limitation is part of alternative list and not required to be disclosed by the reference);
determine an outer heat flux based on the determined external cooling factors (Step 1015, Fig. 10), in each of at least one contact point between the at least one temperature sensor and the skin of the user (“a processor configured …to estimate an ambient temperature of a main body based on the second temperature, to calculate a heat loss, which occurs from a reference body location to the body skin due to the ambient temperature of the main body”, Abstract); and
the outer heat flux is comprised in the model (See the model of Fig 10, which comprises heat loss calculations at step 1015).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the external cooling factors of S. Lee to the computer-readable instructions of H. Lee, because accounting for external cooling factors and outer heat flux corrects the final body heat generation model and makes it more accurate (see [0011] of S. Lee).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over H. Lee in view of S. Lee, and further in view of Sunden et al (US 11426079 B1, hereinafter Sunden).
Regarding Claim 2, modified H. Lee discloses the method according to claim 1. Modified H. Lee discloses the claimed invention except for expressly disclosing wherein the method further comprises the steps of:
sensing movement of the user or a part of the body of the user by the wearable device using at least one accelerometer;
determining the movement status of the user; and
using the movement status of the user and data obtained from an external user device in determining the external cooling factors.
However, Sunden, which is also directed towards a method for creating a body heat generation model of a user (“The present disclosure provides computer-implemented methods, systems, and devices for improved skin temperature monitoring”, Abstract), teaches sensing movement of the user or a part of the body of the user (“The additional ambient conditions sensor data 602 is optional and can include data from … motion sensors”, 5:8-10) by the wearable device (Element 100, Fig. 1) using at least one accelerometer (see 8:50-56);
determining the movement status of the user (“Example information communicated by the display 102 from these additional ambient sensors can include a positioning, altitude, and weather of a location associated with the user. The display 102 can also communicate data regarding motion of the user (e.g., whether the user is stationary, walking, and/or running).”, 6:59-65); and
using the movement status of the user (“The second estimate of the skin temperature generated at step 508 can be the product of one or more smoothing or curve fitting processes of data sets corresponding to the estimated ambient air temperature or the intermediate estimate of skin temperature. In another example, the one or more smoothing or curve fitting processes of data sets can account for minor repositionings of the user, such as occurs when the user puts on a blanket or takes off a blanket, and other similar behavioral factors (e.g., general motion of the user)”, 10:11-21) and data obtained from an external user device in determining the external cooling factors (“the computing system can adjust the ambient air temperature estimate based at least in part on additional ambient sensor data taken from additional ambient sensors contained within the wearable device”, 4:61-64).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the movement sensing, movement status determination, and using said movement status to determine the external cooling factors, as taught by Sunden, because accounting for extra factors allows for external cooling factor determination to be more accurate.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over H. Lee in view of S. Lee, and further in view of Bhagat et al (US 20210177353 A1, hereinafter Bhagat).
Regarding Claim 6, modified H. Lee discloses the method according to claim 1. Modified H. Lee discloses the claimed invention except for expressly disclosing wherein the wearable device is a ring. However, Bhagat teaches wherein the wearable device is a ring (See Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify H. Lee in view of Bhagat, because a ring device satisfies the need for an easy to use vital signs monitoring device which may be more suitable and adaptable for a variety of environments, as taught by Bhagat ([0002]).
Regarding Claim 7, modified H. Lee discloses method according to claim 6, wherein the method further comprises steps of:
estimating temperature values in a depth of the soft tissue from the surface of the skin in a soft tissue volume of the user, and forming the two-dimensional temperature map (See Fig. 13b).
Modified H. Lee discloses the claimed invention except for expressly disclosing using at least two temperature sensors in the ring for the skin temperature measurements; and
wherein the skin is finger skin.
However, Bhagat teaches using at least two temperature sensors in the ring for the skin temperature measurements (“In an implementation, one or more temperature sensors may be used to determine a temperature profile for a wound, for example. The one or more temperature sensors may sense or monitor surface temperatures of a localized body area”, [0051]); and
wherein the skin is finger skin (“A vital signs monitoring ring with integrated display includes a ring housing”, Abstract; rings are configured to be worn on fingers).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention further modify H. Lee with Bhagat, because all of the claimed elements were known in the prior art before the effective filing date of the claimed invention, and one with ordinary skill in the art could have combined all the claimed elements by known methods, and the result would have been obvious to one of ordinary skill in the art.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over H. Lee in view of S. Lee and Bhagat, and further in view of Fritz et al (US 20150305629 A1, hereinafter Fritz).
Regarding Claim 8, modified H. Lee discloses the method according to claim 6. Modified H. Lee discloses the claimed invention except for expressly disclosing wherein if a detected skin temperature measurement result differs from an expected value by more than a predetermined threshold value, the method further comprises a step of: informing the user in an external user device that the ring has either a wrong size for the user or the ring is not in a proper contact with the finger skin of the user. However, Fritz teaches wherein if a detected skin temperature measurement result differs from an expected value by more than a predetermined threshold value, the method further comprises a step of: informing the user in an external user device (“The present invention 20/120 also comprises an error check for quantifying signal noise based on poor sensor-to-skin contact and to alert the user in both a pre-test setting and a post-test setting”, [0087]) that a diagnostic device is not in a proper contact with the skin of the user (“Tests which generate a signal noise level for any sensor which is higher than this threshold trigger a warning to the test operator that the test has generated a high level of noise, indicates which sensor is generating the signal noise (which should be addressed) and suggests that the temperature sensors are not making proper contact and that the overall test run should not be initiated until corrected”, [0089]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify H. Lee in light of Fritz, such that if a detected skin temperature measurement result differs from an expected value by more than a predetermined threshold value, the method further comprises a step of: informing the user in an external user device that the ring has either a wrong size for the user or the ring is not in a proper contact with the finger skin of the user, because this reduces signal noise.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over H. Lee in view of S. Lee, and further in view of Sanborn et al (US 20200069192 A1, hereinafter Sanborn).
Regarding Claim 9, modified H. Lee discloses the method according to claim 1. Modified H. Lee discloses the claimed invention except for expressly disclosing wherein the method further comprises the steps of:
detecting noise in the inner and/or the outer heat flux; and
canceling the detected noise from the inner and/or the outer heat flux, before calculating the body heat generation model of the user.
However, Sanborn teaches canceling detected noise heat flux measurements (“FIG. 4 is a simplified diagram of a plot 400 that represents heat flux along a measurement range Z…Although plot 400 is depicted with a relatively noisy signal, it is to be understood that various signal processing techniques may be applied to the raw measurement data to smooth out the data”, [0075]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the logic of Sanborn to the method of H. Lee, such that the method further comprises the steps of: detecting noise in the inner and/or the outer heat flux; and canceling the detected noise from the inner and/or the outer heat flux, before calculating the body heat generation model of the user, because this smooths out raw measurement data for more accurate calculations.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over H. Lee in view of S. Lee, and further in view of Fritz.
Regarding Claim 10, modified H. Lee discloses the method according to claim l. Modified H. Lee discloses the claimed invention except for expressly disclosing wherein the method further comprises a step of: performing the calculation of the body heat generation model of the user only after the measured skin temperatures of the user have stabilized to stay within set threshold limits. However, Fritz, which also discloses measuring skin temperature (Abstract), teaches wherein the method further comprises a step of: performing the calculation of the physiological model of the user only after (“Pre-Test setting”, [0088]; “Assuming that the pre-test setting was satisfied and that the present invention 20/120A was activated to collect temperature sensor data”, [0091]) the measured skin temperatures of the user have stabilized to stay within set threshold limits (“Signal noise is quantified by measuring each rise and fall in temperature recorded by each temperature sensor 28A-28C, converting each negative change (i.e., each fall in temperature) into a positive number, and totaling all changes for each sensor. This method is then used to quantify the signal noise in previous tests which were evaluated to have acceptable or unacceptable levels of signal noise. This allows for the establishment of a signal noise threshold for each sensor 28A-28C. Tests which generate a signal noise level for any sensor which is higher than this threshold trigger a warning to the test operator…”, [0089]; therefore, the test is not run until signal noise is stable under the threshold). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify H. Lee in light of Fritz, such that the method further comprises a step of: performing the calculation of the body heat generation model of the user only after the measured skin temperatures of the user have stabilized to stay within set threshold limits, because this avoids poor test data resulting from poor sensor-to-skin contact ([0089], Abstract).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sunden also discloses subject matter relevant to Claim 4 (“As a component 610 of the physiological events detection system 600, physiological events of a user can be detected based at least in part on the data inputs 602 and 608 and the second estimate of skin temperature generated by performance of the denoising method 500. In such an example, the physiological events from component 610 can include a fever, a circadian rhythm, a menstruation cycle, ovulation, heat stress, and thermal comfort”, 11:43-50).
See Li et al (US 20150035680 A1), relevant to Claims 8 and 10.
See Atallah et al (US 20160235306 A1), relevant to Claim 1.
See Rogers (US 20170224257 A1), relevant to Claim 1.
See Li et al (US 20220386878 A1), relevant to Claim 1.
See Kim et al (US 20240167894 A1).
See Xu et al (US 20240215832 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN EPHRAIM COOPER whose telephone number is (571)272-2860. The examiner can normally be reached Monday-Friday 7:30AM-5:30PM EST.
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/JONATHAN E. COOPER/Examiner, Art Unit 3791
/JACQUELINE CHENG/Supervisory Patent Examiner, Art Unit 3791