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 .
Response to Arguments
Applicant’s arguments, see page 8, filed 05/08/2026, with respect to the objection to Claims 9-13 have been fully considered and are persuasive. The objection to Claims 9-13 has been withdrawn.
Applicant’s arguments, see page 8, filed 05/08/2026, with respect to the interpretation of Claim 12 under 35 U.S.C. § 112(f) have been fully considered and are persuasive. The interpretation of Claim 12 under 35 U.S.C. § 112(f) has been withdrawn.
Applicant’s arguments, see page 8-9, filed 05/08/2026, with respect to the rejection of Claims 1-13 under 35 U.S.C. § 112(b) have been fully considered and are persuasive. The rejection of Claims 1-13 under 35 U.S.C. § 112(b) has been withdrawn. However, a new rejection of Claim 4 under 35 U.S.C. § 112(b) has been made.
Applicant’s arguments, see 05/08/2026, filed 05/08/2026, with respect to the rejection of Claims 1-13 under 35 U.S.C. § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of H. Lee, Thigpen, S. Lee, and Li.
Applicant's arguments filed 05/08/2026 have been fully considered but they are not persuasive.
Step 2A, Prong One
The applicant has argued “independent claim 1 are not mental processes, nor can the claimed subject matter practically be performed in the human mind. For example, the at least one outer heat flux determination and the generation of the body heat generation model comprising the at least one inner heat flux determination are technical analyses performed using the processor of the apparatus and based on sensor data (i.e., the claimed skin temperature data) that is sampled continuously and at one or more sampling rates - this cannot be performed in the human mind”. However, the examiner notes that, critically, no quantitative sampling rate is claimed. This means the broadest reasonable interpretation of Claim 14 (“wherein the skin temperature data is continuously sampled at one or more sampling rates throughout at least one of a day or night”) encompasses sampling rates capable of being practically performed in the human mind, e.g. a continuous sampling rate of a single measurement every five minutes throughout a day. Furthermore, the claim limitation “receiving, from a wearable ring device configured to be worn on a finger of the user, skin temperature data associated with the user and obtained via at least one temperature sensor positioned along a curved inner surface of the wearable ring device, wherein the skin temperature data comprises at least one measured temperature value of a skin surface of the finger” is being considered as an extra-solution activity to the judicial exception.
Step 2A, Prong Two
The applicant describes multiple drawbacks with conventional wearable devices sensing body heat, including inaccurate inner heat flux measurements and loose ring fittings leading to false indications of finger skin temperature due to an air gap (page 11 of the arguments, page 3 of the specification). The applicant then argues the current claims for a method for creating a body heat generation model of a user recite the technological improvements of 1) providing increased accuracy in estimating internal heat generation produced in the tissues of the user’s finger, 2) allowing for estimations of temperatures from the depth of 3 millimeters from the finger skin surface and 3) allowing for the estimating of parameters that cannot be directly measured. (pages 12-13 of the arguments). However, 1) increased accuracy in estimating internal heat generation amounts to an improvement in the abstract idea of body heat model generation, 2) page 27 of the specification recites “the model to be created estimates temperatures from the depth of 3 millimeters from the finger skin surface”, which also amounts to an improvement in the abstract idea of body heat model generation, and 3) it is also the abstract idea of the body heat generation model that is cited as allowing for the estimating of parameters that cannot be directly measured. It is important to keep in mind that an improvement in the abstract idea itself (e.g. a recited fundamental economic concept) is not an improvement in technology. In other words, the improvement in technology cannot come from improvement in the abstract idea. See MPEP 2106.05(a).
The applicant has also argued the claims reflect similar improvements as in the claims in Ex parte Desjardins, as they reflect specific improvements described in the specification. The claims in Ex parte Desjardins concern claims directed to training a machine learning model on sequential tasks with improvements such as reduced storage, reduced system complexity and streamlining, and preservation of performance attributes associated with earlier tasks during subsequent computational tasks (see page 14 of the arguments). However, claims directed to the machine learning arts, such that any inventive concept improves the functioning of computers performing computational tasks, are analyzed under 101 differently than claims in the medical diagnostic arts that merely utilize computers performing computational tasks to make more accurate medical diagnoses. Rather than claiming an improvement to the computer itself, the applicant’s claimed 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
Step 2B
The applicant argues that the claimed limitations provide an inventive concept of providing increased accuracy, in estimating internal heat generation produced in the tissues of a user’s finger which, in turn, improves determining the health or wellbeing of a user.
For these reasons, the rejection of the claims under 35 U.S.C. § 101 is maintained.
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.
Claim 4 is 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 4 recites “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”. It is unclear if the claim is requiring every listed element (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) to be present in the health or wellbeing status parameter, or if these elements are intended to be listed in the alternative. If the Applicant intends of these elements to be listed in the alternative, a Markush grouping should be used, or the claim should be amended to recite “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]] or period prediction of female users”. For the purposes of substantive examination, the examiner is construing this claim limitation as “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]] or period prediction of female users”.
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 1-5, 7-11 and 13-14 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 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 claim is 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 and 13 set forth a judicial exception:
determining... external cooling factors based on at least one of an ambient temperature value
determining...at least one outer heat flux based on the external cooling factors, the at least one outer heat flux from at least one contact point on the skin surface of the finger that is in contact with the at least one temperature senso
generating the body heat generation model in the processor of the apparatus,
determining at least one inner heat flux that comes at least partly from soft tissues of the finger and that is directed towards the at least one contact point
determining a two-dimensional temperature map across at least part of a two- dimensional cross-sectional area within the soft tissues of theone outer heat flux, and heat convection information of the soft tissues of the
determining an indicator of health or wellbeing information of the user from the body heat generation model
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 capable of manually/mentally determining external cooling factors based on at least one of an ambient temperature value
A human is capable of manually/mentally determining at least one outer heat flux based on the external cooling factors, the at least one outer heat flux from at least one contact point on the skin surface of the finger that is in contact with the at least one temperature senso
The plain meaning of the limitation “determining at least one inner heat flux that comes at least partly from soft tissues of the finger and that is directed towards the at least one contact point” includes mathematical calculations that can be performed by a human with the aid of a pen and paper, or using a generic computer as a tool to perform mathematical calculations steps in real time.
The plain meaning of the limitation “determining a two-dimensional temperature map across at least part of a two- dimensional cross-sectional area within the soft tissues of the” includes mathematical calculations that can be performed by a human with the aid of a pen and paper, or using a generic computer as a tool to perform mathematical calculations steps in real time.
The plain meaning of the limitation “determining an indicator of health or wellbeing information of the user from the body heat generation model” includes mental processes that can be performed in the human mind by observations, evaluations, judgments, and opinions, or by a human with the aid of a pen and paper, or using a generic computer as a tool to perform these mental process steps in real time.
Next, the claim as a whole is 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 in Claim 1 and corresponding limitations in Claims 11 and 13 amount to insignificant extra-solution activity to the judicial exception, e.g. mere data gathering. See MPEP 2106.05(g).
receiving, from a wearable ring device configured to be worn on a finger of the user, skin temperature data associated with the user and obtained via at least one temperature sensor positioned along a curved inner surface of the wearable ring device, wherein the skin temperature data comprises at least one measured temperature value of a skin surface of the finge
causing a graphical user interface of a user device to display the indicator
The following limitations in Claim 1 and corresponding limitations in Claims 11 and 13 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)
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)
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 ring device configured to be worn on a finger of the user, skin temperature data associated with the user and obtained via at least one temperature sensor positioned along a curved inner surface of the wearable ring device, wherein the skin temperature data comprises at least one measured temperature value of a skin surface of the finger
causing a graphical user interface of a user device to display the indicator
determining, in a processor of an 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)
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 wearable ring 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.)”, page 4, lines 19-20).
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 graphical user interface is considered to be well-understood, routine, and conventional based on statement from the applicant' s specification filed 06/29/2023 (“The system 200 further includes a user device 106 (e.g., a smartphone)...”, page 8, line 10; “In some examples, the user interface component 550 may be configured as or otherwise support a means for causing a GUI of the user device to display information associated with the physiological data, the additional physiological data, or both. In some examples, the wearable device comprises a wearable ring device”, page 35 lines 6-9).
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 programmable 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 2-5 and 14 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 2-5 and 14 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 1-5, 7-11 and 13-14 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, 7, 11, and 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 Thigpen et al (US 20220287622 A1), S. Lee et al (US 20230400364 A1, hereinafter S. Lee), and Li et al (US 20150035680 A1, hereinafter Li).
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]), skin temperature data associated with the user and obtained via at least one temperature sensor, wherein the skin temperature data comprises at least one measured temperature value of a skin surface (“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]);
generating the body heat generation model (See Fig. 13b) in the processor of the apparatus (Element 430, Fig. 4),
determining at least one inner heat flux that 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]) and that is directed towards 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
determining a two-dimensional temperature map across at least part of a two- dimensional cross-sectional area within the soft tissues (“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 the at least one measured temperature value (“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]), the at least one 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 heat convection information of the soft tissues of the(“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 (See Fig. 13b);
determining an indicator of health or wellbeing information of the user from the body heat generation model (“if the estimated core body temperature value falls outside a normal range...”, [0069]); and
causing a graphical user interface of a user device to display the indicator (“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 wearable device being a wearable ring device configured to be worn on a finger of the user, the least one temperature sensor positioned along a curved inner surface of the wearable ring device, wherein the skin temperature data comprises at least one measured temperature value of a skin surface of the finge
determining, in a processor of an apparatus, external cooling factors based on at least one of an ambient temperature value
determining, in the processor of the apparatus, at least one outer heat flux based on the external cooling factors, the at least one outer heat flux from at least one contact point on the skin surface of the finger that is in contact with the at least one temperature senso
determining a two-dimensional temperature map across at least part of a two- dimensional cross-sectional area within the soft tissues of the
wherein the body heat generation model estimates one or more temperature values in one or more depths of the soft tissues of the finger from the skin surface of the finger.
However, Thigpen, which is directed towards determining an indicator of health or wellbeing information of the user (See Abstract) from a wearable device ([0002]), teaches the wearable device being a wearable ring device (Elements 104-a to 104-n, Fig. 1) configured to be worn on a finger of the user (“In some aspects, the ring 104 may be configured to be worn around a user's finger, and may determine one or more user physiological parameters when worn around the user's finger”, [0048]), the least one temperature sensor (Element 240, Fig. 2) positioned along a curved inner surface (Element 205-a, Fig. 2) of the wearable ring device (“In some implementations, one substrate that includes device electronics may be mounted along the bottom of the ring 104 (e.g., the bottom half), such that the sensors (e.g., PPG system 235, temperature sensors 240, motion sensors 245, and other sensors) interface with the underside of the user's finger”, [0057]), wherein the skin temperature data comprises at least one measured temperature value of a skin surface of the finger (“For example, in the ring 104, temperature data generated by the temperature sensor 240 may indicate a temperature of a user at the user's finger (e.g., skin temperature). In some implementations, the temperature sensor 240 may contact the user's skin”, [0066]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the wearable device of H. Lee to be a ring device configured to be worn on a finger of the user, wherein all sensing steps are performed on the skin surface of the finger, and wherein all processor steps are performed with respect to the finger (e.g., the skin surface, soft tissue, and depths of soft tissues of the finger), because continuous temperature measurement at the finger may capture temperature fluctuations (e.g., small or large fluctuations) (See [0022] of Thigpen) that may not be evident in core temperature, leading to more robust and accurate calculations.
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 an 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]) or 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, at least one outer heat flux based on the external cooling factors (Step 1015, Fig. 10), the at least one outer heat flux from at least one contact point on the skin surface that is in contact with the at least one temperature senso(“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 body heat generation 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 and further modify the steps of H. Lee to recite “determining, in the processor of the apparatus, at least one outer heat flux based on the external cooling factors, the at least one outer heat flux from at least one contact point on the skin surface of the finger that is in contact with the at least one temperature senso”, 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).
Li, which also discloses a method for creating a body heat generation model of a user (See Fig. 1, Fig. 15), teaches wherein the body heat generation model estimates one or more temperature values in one or more depths of the soft tissues (Deep tissue temperature Td, Fig. 15) from the skin surface (“The heat flux sensor, also referred to as a thermal flux sensor, may be configured to measure a deep temperature of an object. A measurement principle of the heat flux sensor is that the deep temperature of the object can be obtained by measuring a heat flux between the depth and the surface of the object in combination with the surface temperature of the object”, [0145]). 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 calculation of one or more temperature values in one or more depths of the soft tissues of Li to H. Lee, , such that the body heat generation model estimates one or more temperature values in one or more depths of the soft tissues of the finger from the skin surface of the finger, because this is an additional useful parameter relevant to wellbeing to display to the user (See [0211] of Li).
Regarding Claim 3, modified H. Lee discloses 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 1. 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 (These claim limitations are being interpreted as listed in the alternative, see the rejection of this claim under 35 U.S.C. § 112(b) above).
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 ring device for skin temperature measurements comprising the at least one measured temperature value (“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; the wearable device has been modified to be a ring device in parent Claim 1).
Regarding Claim 7, modified H. Lee discloses the method according to claim 1, wherein the method further comprises steps of:
using at least two temperature sensors of the wearable ring device for skin temperature measurements comprising the at least one measured temperature value (“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 2 temperature sensors 1220 are in the array; the wearable device has been modified to be a ring device in parent Claim 1); and
estimating, using the body heat generation model, the one or more temperature values in the one or more depths of the soft tissues of the finger from the skin surface of the finger (See the modifications of parent Claim 1; wherein Li teaches estimating, using the body heat generation model, the one or more temperature values in the one or more depths of the soft tissues of the user and Thigpen teaches the model being for the soft tissues and skin surface of the finger).
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]), skin temperature data associated with the user and obtained via at least one temperature sensor (“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]), wherein the skin temperature data comprises at least one measured temperature value of a skin surface (“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]);
generate the body heat generation model (See Fig. 13b), wherein the generation of the body heat generation model comprises:
determining at least one inner heat flux that 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]) and that is directed towards 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
determining a two-dimensional temperature map across at least part of a two-dimensional cross-sectional area within the soft tissues (“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 (“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]), the at least one 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 heat convection information of the soft tissues of the(“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 (See Fig. 13b);
determine an indicator of health or wellbeing information of the user from the(“if the estimated core body temperature value falls outside a normal range...”, [0069]); and
cause a graphical user interface of a user device to display the indicator (“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 wearable device being a wearable ring device configured to be worn on a finger of the user, the least one temperature sensor positioned along a curved inner surface of the wearable ring device, wherein the skin temperature data comprises at least one measured temperature value of a skin surface of the finge
the instructions being executable by the processor to cause the apparatus to:
determine external cooling factors based on at least one of an ambient temperature value or a movement status of the user;
determine at least one outer heat flux based on the external cooling factors, the at least one outer heat flux from at least one contact point
wherein the generation of the body heat generation model comprises: determining a two-dimensional temperature map across at least part of a two-dimensional cross-sectional area within the soft tissues of the
However, Thigpen, which is directed towards determining an indicator of health or wellbeing information of the user (See Abstract) from a wearable device ([0002]), teaches the wearable device being a wearable ring device (Elements 104-a to 104-n, Fig. 1) configured to be worn on a finger of the user (“In some aspects, the ring 104 may be configured to be worn around a user's finger, and may determine one or more user physiological parameters when worn around the user's finger”, [0048]), the least one temperature sensor (Element 240, Fig. 2) positioned along a curved inner surface (Element 205-a, Fig. 2) of the wearable ring device (“In some implementations, one substrate that includes device electronics may be mounted along the bottom of the ring 104 (e.g., the bottom half), such that the sensors (e.g., PPG system 235, temperature sensors 240, motion sensors 245, and other sensors) interface with the underside of the user's finger”, [0057]), wherein the skin temperature data comprises at least one measured temperature value of a skin surface of the finge(“For example, in the ring 104, temperature data generated by the temperature sensor 240 may indicate a temperature of a user at the user's finger (e.g., skin temperature). In some implementations, the temperature sensor 240 may contact the user's skin”, [0066]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the wearable device of H. Lee to be a ring device configured to be worn on a finger of the user, and modify the instructions such that all sensing steps are performed on the skin surface of the finger and all processor steps are performed with respect to the finger (e.g., the skin surface, soft tissue, and depths of soft tissues of the finger), because continuous temperature measurement at the finger may capture temperature fluctuations (e.g., small or large fluctuations) (See [0022] of Thigpen) that may not be evident in core temperature, leading to more robust and accurate calculations.
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 an 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]) or 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 at least one outer heat flux based on the external cooling factors (Step 1015, Fig. 10), the at least one outer heat flux from at least one contact point(“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 body heat generation 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 and further modify the steps of H. Lee to recite “determine at least one outer heat flux based on the external cooling factors, the at least one outer heat flux from at least one contact point”, 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).
Li, which also discloses an apparatus (Element 100, Fig. 1) for creating a body heat generation model of a user (Element 100, Fig. 2), teaches wherein the body heat generation model estimates one or more temperature values in one or more depths of the soft tissues (Deep tissue temperature Td, Fig. 15) from the skin surface (“The heat flux sensor, also referred to as a thermal flux sensor, may be configured to measure a deep temperature of an object. A measurement principle of the heat flux sensor is that the deep temperature of the object can be obtained by measuring a heat flux between the depth and the surface of the object in combination with the surface temperature of the object”, [0145]). 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 calculation of one or more temperature values in one or more depths of the soft tissues of Li to H. Lee, such that the body heat generation model estimates one or more temperature values in one or more depths of the soft tissues of the finger from the skin surface of the finger, because this is an additional useful parameter relevant to wellbeing to display to the user (See [0211] of Li).
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]), wherein the 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]), skin temperature data associated with the user and obtained via at least one temperature sensor (“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]), wherein the skin temperature data comprises at least one measured temperature value of a skin surface (“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]);
generate the body heat generation model (See Fig. 13b), wherein the generation of the body heat generation model comprises:
determining at least one inner heat flux that comes at least partly from soft tissues of the(“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]) and that is directed towards 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
determining a two-dimensional temperature map across at least part of a two-dimensional cross-sectional area (“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 (“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]), the at least one 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 heat convection information of the soft tissues (“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 (See Fig. 13b);
determine an indicator of health or wellbeing information of the user from the body heat generation model (“if the estimated core body temperature value falls outside a normal range...”, [0069]); and
cause a graphical user interface of a user device to display the indicator (“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 wearable device being wearable ring device configured to be worn on a finger of the user, the least one temperature sensor positioned along a curved inner surface of the wearable ring device, wherein the skin temperature data comprises at least one measured temperature value of a skin surface of the finge
instructions executable by a processor to:
determine external cooling factors based on at least one of
determine at least one outer heat flux based on the external cooling factors,
wherein the generation of the body heat generation model comprises:
determining a two-dimensional temperature map across at least part of a two-dimensional cross-sectional area
However, Thigpen, which is directed towards determining an indicator of health or wellbeing information of the user (See Abstract) from a wearable device ([0002]), teaches the wearable device being a wearable ring device (Elements 104-a to 104-n, Fig. 1) configured to be worn on a finger of the user (“In some aspects, the ring 104 may be configured to be worn around a user's finger, and may determine one or more user physiological parameters when worn around the user's finger”, [0048]), the least one temperature sensor (Element 240, Fig. 2) positioned along a curved inner surface (Element 205-a, Fig. 2) of the wearable ring device (“In some implementations, one substrate that includes device electronics may be mounted along the bottom of the ring 104 (e.g., the bottom half), such that the sensors (e.g., PPG system 235, temperature sensors 240, motion sensors 245, and other sensors) interface with the underside of the user's finger”, [0057]), wherein the skin temperature data comprises at least one measured temperature value of a skin surface of the finge(“For example, in the ring 104, temperature data generated by the temperature sensor 240 may indicate a temperature of a user at the user's finger (e.g., skin temperature). In some implementations, the temperature sensor 240 may contact the user's skin”, [0066]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the wearable device of H. Lee to be a ring device configured to be worn on a finger of the user, and modify the instructions such that all sensing steps are performed on the skin surface of the finger and all processor steps are performed with respect to the finger (e.g., the skin surface, soft tissue, and depths of soft tissues of the finger), because continuous temperature measurement at the finger may capture temperature fluctuations (e.g., small or large fluctuations) (See [0022] of Thigpen) that may not be evident in core temperature, leading to more robust and accurate calculations.
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 an 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]) or 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 at least one outer heat flux based on the external cooling factors (Step 1015, Fig. 10), the at least one outer heat flux from at least one contact point(“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 body heat generation 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 and further modify the steps of H. Lee to recite “determine at least one outer heat flux based on the external cooling factors, the at least one outer heat flux from at least one contact pointwherein the generation of the body heat generation model comprises: determining a two-dimensional temperature map across at least part of a two-dimensional cross-sectional area flux”, 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).
Li, which also discloses a non-transitory computer-readable medium, the computer-readable medium storing code ([0287]), teaches wherein the body heat generation model estimates one or more temperature values in one or more depths of the soft tissues (Deep tissue temperature Td, Fig. 15) from the skin surface (“The heat flux sensor, also referred to as a thermal flux sensor, may be configured to measure a deep temperature of an object. A measurement principle of the heat flux sensor is that the deep temperature of the object can be obtained by measuring a heat flux between the depth and the surface of the object in combination with the surface temperature of the object”, [0145]). would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the calculation of one or more temperature values in one or more depths of the soft tissues of Li to H. Lee, such that the body heat generation model estimates one or more temperature values in one or more depths of the soft tissues of the finger from the skin surface of the finger, because this is an additional useful parameter relevant to wellbeing to display to the user (See [0211] of Li).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over H. Lee in view of Thigpen, S. Lee, and Li, 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 ring 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 to the wearable ring device of H. Lee, because accounting for extra factors allows for external cooling factor determination to be more accurate.
Claims 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over H. Lee in view of Thigpen, S. Lee and Li, 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 measured temperature value of the at least one measured temperature value 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 wearable ring device has either a wrong size for the user or the wearable ring device is not in a proper contact with the skin surface of the finge
However, Fritz teaches wherein if a measured temperature value of the at least one measured temperature value (“It should also be understood that the preferred embodiment 120 also forms an apparatus/method for measuring changes in skin temperature”, [0086]) 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 measured temperature value of the at least one measured temperature value 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 wearable ring device has either a wrong size for the user or the wearable ring device is not in a proper contact with the skin surface of the finge
Regarding Claim 10, 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 a step of: performing the generation of the body heat generation model only after the at least one measured temperature value has 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 generation of the body heat generation model only after the at least one measured temperature value has stabilized to stay within set threshold limits, because this avoids poor test data resulting from poor sensor-to-skin contact ([0089], Abstract).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over H. Lee in view of Thigpen, S. Lee, and Li, 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 at least one of the at least one inner heat flux or the at least one outer heat flux; and
canceling the detected noise before calculating the body heat generation model.
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 at least one of the at least one inner heat flux or the at least one outer heat flux; and canceling the detected noise before calculating the body heat generation model, because this smooths out raw measurement data for more accurate calculations.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over H. Lee in view of Thigpen, S. Lee, and Li, and further in view of Kinnunen et al (US 20210354001 A1, hereinafter Kinnunen).
Regarding Claim 14, modified H. Lee discloses the method of claim 1. Modified H. Lee discloses the claimed invention except for expressly disclosing wherein the skin temperature data is continuously sampled at one or more sampling rates throughout at least one of a day or night. However, Kinnunen teaches wherein the skin temperature data is continuously sampled at one or more sampling rates throughout at least one of a day or night (“FIG. 6A is an illustration of a measured skin temperature at night for determining an optimum daily temperature value for each night, in accordance with an example of the present disclosure”, [0084]). 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 continuous sampling rates throughout at least one of a day or night of Kinnunen to the method of modified H. Lee, because this is a way to determine the optimum daily temperature value for the user (See [0084] of Kinnunen).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
See Weber (US 20080200969 A1), which discloses estimating one or more temperature values in one or more depths of the soft tissues from the skin surface of the finger ([0095], Claim 18).
The Examiner notes Thigpen also discloses creating a health or wellbeing status parameter of the user, menopause determination/prediction based on hot flashes of female users, and period prediction of female users (See Abstract).
See Stark et al (US 20130087180 A1).
See Voight et al (US 20230181112 A1).
See Kinnunen et al (US 20220110547 A1).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to 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
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