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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 12-20 are objected to because of the following informalities: In regards to line 8 of claim 12, the phrase “a estimated” should read as “an estimated” for grammatical correction. Appropriate correction is required.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: Claim 11 should be amended in light of the specification or cancelled. “The claim or claims must conform to the invention as set forth in the remainder of the specification and the terms and phrases used in the claims must find clear support or antecedent basis in the description so that the meaning of the terms in the claims may be ascertainable by reference to the description. While an applicant is not limited to the nomenclature used in the application as filed, he or she should make appropriate amendment of the specification whenever this nomenclature is departed from by amendment of the claims so as to have clear support or antecedent basis in the specification for the new terms appearing in the claims.” See MPEP § 608.01(o).
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 16 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.
In regards to line 4 of claim 16, the phrase “an acoustic element” is unclear. Is there an additional “acoustic element”, or is the “acoustic element” the same as recited in line 5 of claim 12? The limitation will be read as “the acoustic element” upon further examination.
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.
Claims 1, 2, 4-14 & 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Davidson et al (WO 2020/183476 B2) wherein US 12424023 B2 is used herein for citation; “hereinafter Davidson”.
In regards to claim 1, Davidson comprising a breathalyzer (10, i.e. fluid delivery device) which verifies identity of a user comprising a mouthpiece (201) (Column 26, lines 1-16); a sample collector (18, i.e. reservoir) for collecting a sample of exhaled air of the user (Column 14, line 56 – Column 15, line 2); an acoustic subsystem (22 & 24, i.e. wave sensor & wave generator), for producing at least one acoustic signal and receiving at least one reflection of said at least one acoustic signal (Column 15, lines 3-43); an analyzer (60, i.e. controller) of said exhaled air to estimate a content of a substance in the user's blood (Column 43, line 52 – Column 44, line 8); a processor (34), coupled with said acoustic subsystem (22 & 24), for authenticating the user (50, i.e. authentication system) based on the reflection of said at least one acoustic signal (Column 15, lines 3-43 & Column 44, lines 36-54).
In regards to claim 2, Davidson teaches further comprising a communication module (58, i.e. communication unit), for communicating with an associated device (i.e. personal electronic device) (Column 15, lines 25-39) and permitting access to said associated device based on the authentication of the user and the estimated content of the substance in the user's blood (Column 43, line 52 – Column 44, line 8).
In regards to claim 4, Davidson teaches wherein said acoustic subsystem comprises: an acoustic wave generator (24), for generating at least one acoustic signal; and an acoustic wave sensor (22), for receiving at least one reflection of said at least one acoustic signal (Column 15, lines 3-43).
In regards to claim 5, Davidson teaches wherein said substance is alcohol (Column 43, line 52 – Column 44, line 8).
In regards to claim 6, Davidson teaches wherein said mouthpiece (201) comprises an acoustic signal opening and a reflection signal opening (Column 20, line 58 – Column 21, line 16).
In regards to claim 7, Davidson teaches further comprising an output acoustic waveguide (44), coupled between said acoustic wave generator (22) and said acoustic signal opening, for transmitting said at least one acoustic signal to said user (Column 20, line 58 – Column 21, line 16); and an input acoustic waveguide (46), coupled between said acoustic wave sensor (24) and said reflection signal opening, for receiving said at least one reflection of said at least one acoustic signal (Column 20, line 58 – Column 21, line 16).
In regards to claim 8, Davidson teaches further comprising a memory (56), configured to store oral cavity authentication data representative of at least one feature of the user, retrievable by said processor (54) (Column 17, lines 24-43), wherein said processor (54) is configured to compare said reflection (46) with said retrievable cavity authentication data stored in said memory (56) and to generate an indication whether said analyzed at least one reflection matches said retrievable cavity authentication data above a pre-determined threshold (Column 20, lines 48-57).
In regards to claim 9, Davidson teaches wherein said oral cavity authentication data comprises an oral signature of at least one specific user (Column 17, lines 24-43).
In regards to claim 10, Davidson teaches wherein said oral cavity authentication data includes an oral signature comprising at least feature selected from a group consisting of: a permitted user; a restricted user; and an underage user (Column 17, lines 24-43).
As best understood in regards to claim 11, Davidson teaches wherein said analyzer (60) comprises agents (i.e. soundwaves) to determine a content of the substance in air exhaled from the user (Column 18, lines 32-52).
In regards to claim 12, Davidson teaches a method of controlling operation of a device (10, i.e. fluid delivery device) by a user comprising estimating a blood level of a substance in the user using a breathalyzer (10) (Column 26, lines 1-16); authenticating the user using an acoustic element (22 & 24, i.e. wave sensor & wave generator) in the breathalyzer (10) which receives an acoustic signal emitted from the oral cavity of the user (Column 15, lines 3-43); and controlling operation of the device (10) based on authentication (50, i.e. authentication system) of the user and an estimated blood level of the substance (Column 43, line 52 – Column 44, line 8).
In regards to claim 13, Davidson teaches wherein said authenticating (50) comprises analyzing said received acoustic signal to determine if the received acoustic signal matches an oral signature of the user above a pre-determined threshold (Column 20, lines 48-57).
In regards to claim 14, Davidson teaches said controlling operation comprises enabling or disabling activation of the device (Column 15, lines 3-10).
As best understood in regards to claim 16, Davidson teaches further comprising registering the user prior to the authenticating (50), said registering comprises: receiving an acoustic signal emitted from the oral cavity of the user, using the acoustic element (22 & 24, i.e. wave sensor & wave generator); and storing the received acoustic signal data in association with data of a feature of the user as the oral signature of the user (Column 15, lines 3-43 & Column 44, lines 36-54).
In regards to claim 17, Davidson teaches further comprising accessing a memory (56) for storing oral signatures (Column 20, lines 48-57).
In regards to claim 18, Davidson teaches wherein the analyzing comprises comparing the received acoustic signal to an oral signature retrieved from the memory (56) (Column 20, lines 48-57).
In regards to claim 19, Davidson teaches wherein the authenticating (50) further includes transmitting an acoustic signal to the oral cavity of the user prior to the receiving (Column 17, lines 24-43).
In regards to claim 20, Davidson teaches wherein the substance is alcohol (Column 43, line 52 – Column 44, line 8).
Allowable Subject Matter
Claims 3 & 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: In the Examiner’s opinion in regards to claim 1, Davidson comprising a breathalyzer (10, i.e. fluid delivery device) which verifies identity of a user comprising a mouthpiece (201) (Column 26, lines 1-16); a sample collector (18, i.e. reservoir) for collecting a sample of exhaled air of the user (Column 14, line 56 – Column 15, line 2); an acoustic subsystem (22 & 24, i.e. wave sensor & wave generator), for producing at least one acoustic signal and receiving at least one reflection of said at least one acoustic signal (Column 15, lines 3-43); an analyzer (60, i.e. controller) of said exhaled air to estimate a content of a substance in the user's blood (Column 43, line 52 – Column 44, line 8); a processor (34), coupled with said acoustic subsystem (22 & 24), for authenticating the user (50, i.e. authentication system) based on the reflection of said at least one acoustic signal (Column 15, lines 3-43 & Column 44, lines 36-54).
However, Davidson does not teach the structural limitations of the breathalyzer which verifies identity of a user further comprising a communication module for communicating with a key fob of a vehicle and permitting use of the vehicle device based on the authentication of the user and the estimated the content of the substance in the user's blood where the stated limitations are not suggested in addition to not being anticipated or taught in combination with the remaining limitations of independent claim 1 upon overcoming the rejection under 35 U.S.C. 102(a)(1).
In the Examiner’s opinion in regards to claim 12, Davidson teaches a method of controlling operation of a device (10, i.e. fluid delivery device) by a user comprising estimating a blood level of a substance in the user using a breathalyzer (10) (Column 26, lines 1-16); authenticating the user using an acoustic element (22 & 24, i.e. wave sensor & wave generator) in the breathalyzer (10) which receives an acoustic signal emitted from the oral cavity of the user (Column 15, lines 3-43); and controlling operation of the device (10) based on authentication (50, i.e. authentication system) of the user and an estimated blood level of the substance (Column 43, line 52 – Column 44, line 8).
However, Davidson does not teach the method of controlling operation of a device by a user further comprising the method step of enabling a key fob upon authentication of the user and confirmation of sobriety where the stated limitations are not suggested in addition to not being anticipated or taught in combination with the remaining limitations of independent claim 12 upon overcoming the rejection under 35 U.S.C. 102(a)(1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pell et al (US 11344686 B2) – The present invention relate to a method of treating respiratory system tissue, includes operations of generating a plume of particles of a treating solution from a nebulizer, inhaling particles of the treating solution, delaying exhalation of an inhalation having particles of the treating solution therein, and determining whether a dose of the treating solution has been delivered, wherein the treating solution is a solution of at least 40% ethyl alcohol, by volume.
Ghaffarzadegan et al (US 20210195981 A1) - The present disclosure relates to intelligent helmets on saddle-ride vehicles.
Edekar (US 20200230998 A1) – The present disclosure relates to a multi-function pen and accessory devices and kits; specifically, writing instruments with a plurality of attachable and multi-functional personal care accessories and the like and kits. An accessory assembly may have a connector having a first connector end and a second connector end; a first accessory component configured to releasably mount to the first connector end; and a second accessory component configured to releasably mount to the second connector end.
Byrd et al (US 10334912 B2) – The present disclosure relates to a multifunction key fob for retaining a plurality of keys and extending a selected key into a useable position. The multifunction key fob includes a housing with a motorized key tray inside the housing for selectively aligning a key with an ejection port in the housing. The key tray includes a plurality of key slots and a moveable key carriage in each key slot for moving a key up and down inside its respective slot. When a button on the surface of the housing is pressed, a key in a corresponding slot is extended.
Scheulke et al (US 20170273597 A1) - The present disclosure relates to systems, computer readable mediums and methods can be directed towards use in a variety of settings by health care professionals, clinical trial specialists, and individual users.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERMAINE L JENKINS whose telephone number is (571)272-2179. The examiner can normally be reached M-F 7-3 EST.
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/J.L.J/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855