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 .
Notice of Reply
This communication is responsive to the amendment(s) and/or argument(s) filed 5/14/26. The previous ground(s) of objection and/or rejection is/are withdrawn. The following new and/or reiterated ground(s) of rejection is/are set forth hereinbelow.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Si et al. CN 114623948 A, hereinafter Si).
For claim 1, Si discloses a body temperature monitoring system (Figs 125-152 and corresponding descriptions thereof), the system comprising inter alia:
a smart watch (200) wearable on a wrist of a user, the smart watch being configured to measure body temperature (via 214) of the user at predetermined intervals (Figs 125-152 and corresponding descriptions thereof);
a smart phone (600) configured to communicate with the smart watch over a communication network, the smart phone comprising a display (display of 600) Figs 125-152 and corresponding descriptions thereof);
a baseline measuring unit (baseline temperature monitoring of Figs 125-152 and corresponding descriptions thereof) configured to convert information on the body temperature of the user measured by the smart watch at the predetermined intervals into baseline data and to store the baseline data in the smart watch (Figs 125-152 and corresponding descriptions thereof);
a personal variable input unit (Fig 78 and description thereof) configured to receive, through an application linked to the smart watch and to store information on age and gender of the user (Fig 78 and description thereof); and
a controller (processors of 200, 600, and server Figs 125-152 and corresponding descriptions thereof) configured to compare and analyze a body temperature value converted by the baseline measuring unit and a normal body temperature range derived by the personal variable input unit (Figs 125-152 and corresponding descriptions thereof),
wherein the controller is further configured to:
determine whether the user's current body temperature falls within the normal body temperature range based on information produced from the baseline measuring unit and the personal variable input unit (Figs 125-152 and corresponding descriptions thereof); and
identify a disease type (Figs 125-152 and corresponding descriptions thereof show as an example influenza) by analyzing a duration, a value, and a timing of deviation of the user's body temperature from the normal body temperature range (Figs 125-152 and corresponding descriptions thereof).
For claim 2, Si discloses the body temperature monitoring system of claim 1, wherein the body temperature measurement variable adjusting unit is configured to determine that the body temperature of the user has changed only when both a heart rate of the user and a respiratory rate of the user increase simultaneously (Figs 125-152 and corresponding descriptions thereof).
For claim 3, Si discloses the body temperature monitoring system of claim 1, wherein the controller is in communication with a disease type analysis unit (Figs 125-152 and corresponding descriptions thereof), the disease type analysis unit comprising a database (disease characteristics database) (Figs 125-152 and corresponding descriptions thereof) in which information on the disease type based on the duration, the value, and the timing of deviation of the body temperature of the user from the normal body temperature is stored in advance (Figs 125-152 and corresponding descriptions thereof).
For claim 4, Si discloses the body temperature monitoring system of claim 3, wherein when the disease type analysis unit determines the disease type of the user, the controller is in communication with a notification unit comprising the display of the smart phone (Figs 125-152 and corresponding descriptions thereof), the notification unit being configured to send an alert signal to the user, and to the display, on the display of the smart phone, the disease type and countermeasures for the disease (Figs 125-152 and corresponding descriptions thereof).
For claim 5, Si discloses the body temperature monitoring system of claim 1, wherein when the body temperature measurement variable adjusting unit sends a signal indicating that adjustment of the judgement variables has been completed, the controller compares the baseline data with the normal body temperature range derived from the information on the age and gender of the user stored in the personal variable input unit (Figs 125-152 and corresponding descriptions thereof).
Response to Arguments
Applicant’s arguments, see pages 11-14, filed 5/14/26, with respect to the amended claims obviating the 101, 112a, and 112b rejections in addition to the 112f presumptions have been fully considered and are persuasive. The 101, 112a, and 112b rejections along with the 112f presumptions of the amended claims have been withdrawn.
Applicant’s arguments with respect to the prior art rejection(s) of claim(s) 1-5 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey G. Hoekstra whose telephone number is (571)272-7232. The examiner can normally be reached Monday through Thursday from 5am-3pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles A. Marmor II can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Jeffrey G. Hoekstra
Primary Examiner
Art Unit 3791
/JEFFREY G. HOEKSTRA/ Primary Examiner, Art Unit 3791
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