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 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.
Please Note: Figure 3, Paragraphs 0091 - 0094 of Applicants’ disclosure reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention and discloses the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. 35 U.S.C. 112 a and b are therefore met.
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.
Claim(s) 1, 2, 4 – 12, 14 – 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rakshit et al. (US 2019/0228179) in view of Heimerl (US 2021/0217532).
Regarding Claim 1, Rakshit teaches a method for sharing physiological data, comprising: transmitting, via wireless electronic communication, one or more requests to establish a data sharing group associated with a group of users (Section 0010, there would need to be some handshaking involved in order to establish group communication, said handshaking would involve requests to establish said group communication); receiving, via one or more wireless electronic communication links based at least in part on transmitting the one or more requests, an instruction from one or more applications associated with the group of users, wherein the instruction includes an authorization to transmit and receive physiological data between the one or more applications (Sections 0030, 0031, restrictions renders a scenario of whether or not there is authorization to receive and transmit physiological data amongst users in the group, these users use applications that deciphers or decodes the biometric thus enabling said users to view said biometric data).
Rakshit does not teach wherein the physiological data is based at least in part on physiological measurements collected from each user of the group of users via a wearable device associated with the one or more applications; receiving, via the one or more wireless electronic communication links and based at least in part on the instruction, the physiological data from the one or more applications; generating a score that indicates a physiological metric representative of the group of users based at least in part on the physiological data acquired from the one or more applications; and transmitting, via the one or more wireless electronic communication links, a control signal to cause at least one graphical user interface of the one or more user devices associated with the one or more applications to display the score and one or more recommendations or insights associated with the score.
Heimerl, which also teaches the sharing of physiological data, teaches wherein the physiological data is based at least in part on physiological measurements collected from each user of the group of users via a wearable device associated with the one or more applications (Section 0024); receiving, via the one or more wireless electronic communication links and based at least in part on the instruction, the physiological data from the one or more applications (Section 0024, intervention server receives the physiological data); generating a score that indicates a physiological metric representative of the group of users based at least in part on the physiological data acquired from the one or more applications (group health score is determined (Sections 0204, 0231) based on the health data detected by the wearable devices (Section 0013)); and transmitting, via the one or more wireless electronic communication links, a control signal to cause at least one graphical user interface of the one or more user devices associated with the one or more applications to display the score (health score is reported to the group members (Section 0204) thus rendering a scenario wherein said health score is presented such that users can see or view the health score) and one or more recommendations or insights associated with the score (intervention recommendations (Sections 0111, 0243)).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Rakshit with the above features of Heimerl for the purpose of ambushing group crisis states via a plurality of interventions delivered immediately through myriad user and building devices at an ongoing basis to improve environmental factors, stop rising physiological stress levels, and return the group to their normal operating state as taught by Heimerl.
Regarding Claim 11, Rakshit teaches an apparatus for sharing physiological data, comprising: at least one processor; memory coupled with the at least one processor; and instructions stored in the memory and executable by the at least one processor (Section 0015, wearable devices such as smartwatches comprise processors and memory that stored executable code run by said processors) to cause the apparatus to: transmit, via wireless electronic communication, one or more requests to establish one or more wireless electronic communication links with one or more user devices associated with a group of users (Section 0010, there would need to be some handshaking involved in order to establish group communication, said handshaking would involve requests to establish said group communication); receive, via the one or more wireless electronic communication links based at least in part on transmitting the one or more requests, an instruction from one or more applications associated with the group of users, wherein the instruction includes an authorization to transmit and receive physiological data between the one or more applications (Sections 0030, 0031, restrictions renders a scenario of whether or not there is authorization to receive and transmit physiological data amongst users in the group, these users use applications that deciphers or decodes the biometric thus enabling said users to view said biometric data).
Rakshit does not teach wherein the physiological data is based at least in part on physiological measurements collected from each user of the group of users via a wearable device associated with the one or more applications; receive, via the one or more wireless electronic communication links and based at least in part on the instruction, the physiological data from the one or more applications; generate a score that indicates a physiological metric representative of the group of users based at least in part on the physiological data acquired from the one or more applications; and transmit, via the one or more wireless electronic communication links, a control signal to cause at least one graphical user interface of the one or more user devices associated with the one or more applications to display the score and one or more recommendations or insights associated with the score.
Heimerl, which also teaches the sharing of physiological data, teaches wherein the physiological data is based at least in part on physiological measurements collected from each user of the group of users via a wearable device associated with the one or more applications (Section 0024); receiving, via the one or more wireless electronic communication links and based at least in part on the instruction, the physiological data from the one or more applications (Section 0024, intervention server receives the physiological data); generating a score that indicates a physiological metric representative of the group of users based at least in part on the physiological data acquired from the one or more applications (group health score is determined (Sections 0204, 0231) based on the health data detected by the wearable devices (Section 0013)); and transmitting, via the one or more wireless electronic communication links, a control signal to cause at least one graphical user interface of the one or more user devices associated with the one or more applications to display the score (health score is reported to the group members (Section 0204) thus rendering a scenario wherein said health score is presented such that users can see or view the health score) and one or more recommendations or insights associated with the score (intervention recommendations (Sections 0111, 0243)).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Rakshit with the above features of Heimerl for the purpose of ambushing group crisis states via a plurality of interventions delivered immediately through myriad user and building devices at an ongoing basis to improve environmental factors, stop rising physiological stress levels, and return the group to their normal operating state as taught by Heimerl.
Regarding Claim 18, Rakshit teaches an apparatus for sharing physiological data, comprising: means for transmitting, via wireless electronic communication, one or more requests to establish one or more wireless electronic communication links with one or more user devices associated with a group of users (Section 0010, there would need to be some handshaking involved in order to establish group communication, said handshaking would involve requests to establish said group communication); means for receiving, via the one or more wireless electronic communication links based at least in part on transmitting the one or more requests, an instruction from one or more applications associated with the group of users, wherein the instruction includes an authorization to transmit and receive physiological data between the one or more applications (Sections 0030, 0031, restrictions renders a scenario of whether or not there is authorization to receive and transmit physiological data amongst users of the group, these users use applications that deciphers or decodes the biometric thus enabling said users to view said biometric data).
Rakshit does not teach wherein the physiological data is based at least in part on physiological measurements collected from each user of the group of users via a wearable device associated with the one or more applications; means for receiving, via the one or more wireless electronic communication links and based at least in part on the instruction, the physiological data from the one or more applications; means for generating a score that indicates a physiological metric representative of the group of users based at least in part on the physiological data acquired from the one or more applications; and means for transmitting, via the one or more wireless electronic communication links, a control signal to cause at least one graphical user interface of the one or more user devices associated with the one or more applications to display the score and one or more recommendations or insights associated with the score.
Heimerl, which also teaches the sharing of physiological data, teaches wherein the physiological data is based at least in part on physiological measurements collected from each user of the group of users via a wearable device associated with the one or more applications (Section 0024); receiving, via the one or more wireless electronic communication links and based at least in part on the instruction, the physiological data from the one or more applications (Section 0024, intervention server receives the physiological data); generating a score that indicates a physiological metric representative of the group of users based at least in part on the physiological data acquired from the one or more applications (group health score is determined (Sections 0204, 0231) based on the health data detected by the wearable devices (Section 0013)); and transmitting, via the one or more wireless electronic communication links, a control signal to cause at least one graphical user interface of the one or more user devices associated with the one or more applications to display the score (health score is reported to the group members (Section 0204) thus rendering a scenario wherein said health score is presented such that users can see or view the health score) and one or more recommendations or insights associated with the score (intervention recommendations (Sections 0111, 0243)).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Rakshit with the above features of Heimerl for the purpose of ambushing group crisis states via a plurality of interventions delivered immediately through myriad user and building devices at an ongoing basis to improve environmental factors, stop rising physiological stress levels, and return the group to their normal operating state as taught by Heimerl.
Regarding Claim 20, Rakshit teaches a non-transitory computer-readable medium storing code for sharing physiological data, the code comprising instructions executable by a processor (Section 0015, wearable devices such as smartwatches comprise processors and memory that stored executable code run by said processors) to: transmit, via wireless electronic communication, one or more requests to establish one or more wireless electronic communication links with one or more user devices associated with a group of users (Section 0010, there would need to be some handshaking involved in order to establish group communication, said handshaking would involve requests to establish said group communication); receive, via the one or more wireless electronic communication links based at least in part on transmitting the one or more requests, an instruction from one or more applications associated with the group of users, wherein the instruction includes an authorization to transmit and receive physiological data between the one or more applications (Sections 0030, 0031, restrictions renders a scenario of whether or not there is authorization to receive and transmit physiological data amongst users of the group, these users use applications that deciphers or decodes the biometric thus enabling said users to view said biometric data).
Rakshit does not teach wherein the physiological data is based at least in part on physiological measurements collected from each user of the group of users via a wearable device associated with the one or more applications; receive, via the one or more wireless electronic communication links and based at least in part on the instruction, the physiological data from the one or more applications; generate a score that indicates a physiological metric representative of the group of users based at least in part on the physiological data acquired from the one or more applications; and transmit, via the one or more wireless electronic communication links, a control signal to cause at least one graphical user interface of the one or more user devices associated with the one or more applications to display the score and one or more recommendations or insights associated with the score.
Heimerl, which also teaches the sharing of physiological data, teaches wherein the physiological data is based at least in part on physiological measurements collected from each user of the group of users via a wearable device associated with the one or more applications (Section 0024); receiving, via the one or more wireless electronic communication links and based at least in part on the instruction, the physiological data from the one or more applications (Section 0024, intervention server receives the physiological data); generating a score that indicates a physiological metric representative of the group of users based at least in part on the physiological data acquired from the one or more applications (group health score is determined (Sections 0204, 0231) based on the health data detected by the wearable devices (Section 0013)); and transmitting, via the one or more wireless electronic communication links, a control signal to cause at least one graphical user interface of the one or more user devices associated with the one or more applications to display the score (health score is reported to the group members (Section 0204) thus rendering a scenario wherein said health score is presented such that users can see or view the health score) and one or more recommendations or insights associated with the score (intervention recommendations (Sections 0111, 0243)).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Rakshit with the above features of Heimerl for the purpose of ambushing group crisis states via a plurality of interventions delivered immediately through myriad user and building devices at an ongoing basis to improve environmental factors, stop rising physiological stress levels, and return the group to their normal operating state as taught by Heimerl.
Regarding Claims 2, 12, 19, Rakshit in view of Heimerl teaches all of the claimed limitations recited in Claims 1, 11, 18. Rakshit further teaches wherein the physiological data comprises first physiological data associated with a first user of the group of users and additional physiological data associated with remaining users of the group of users excluding the first user (Section 0019, the physiological data can vary thus rendering a scenario wherein a first user can just have heart rate data and the remaining users have blood pressure and pulse data), the method further comprising/instructions are further executable by the at least one processor to cause the apparatus to/apparatus further comprising: identifying/identify/means for identifying that the first physiological data associated with the first user deviates from the additional physiological data associated with the remaining users by a threshold metric (Section 0019, the physiological data can vary thus rendering a scenario wherein a first user can just have heart rate data and the remaining users have blood pressure and pulse data, this would be a deviation or a threshold of 2 physiological data metrics for the remaining users to 1 physiological data metric for the first user); and causing/cause/means for causing the at least one graphical user interface of the one or more user devices to display an indication of the first user based at least in part on the identifying (Section 0054).
Regarding Claims 4, 14, Rakshit in view of Heimerl teaches all of the claimed limitations recited in Claims 1, 11. Rakshit further teaches acquiring/acquire baseline physiological data associated with a plurality of users including the group of users (Section 0031, renders a scenario wherein the baseline physiological data is heart rates of workout partners); identifying/identify one or more similarities between the baseline physiological data associated with each user from the group of users (Section 0031, similar physiological data such as heart rates of workout partners); and transmitting/transmit a prompt to share the physiological data between the group of users based at least in part on identifying the one or more similarities, wherein receiving the instruction is based at least in part on transmitting the prompt (Section 0031, sharing of heart rate data).
Regarding Claims 5, 15, Rakshit in view of Heimerl teaches all of the claimed limitations recited in Claims 1, 11. Rakshit does not teach identifying/identify calendar data associated with each user of the group of users; and causing/cause the at least one graphical user interface of the one or more user devices associated with the one or more applications to display a recommendation based at least in part on the score and the calendar data.
Heimerl, which also teaches the sharing of physiological data, teaches identifying/identify calendar data associated with each user of the group of users (Section 0092, typical smartwatches and smartphones comprise calendar functions thus rendering a scenario wherein calendar data such as day and time of a meeting of the group of users); and causing/cause the at least one graphical user interface of the one or more user devices associated with the one or more applications to display a recommendation based at least in part on the score and the calendar data (intervention recommendations (Sections 0111, 0243), renders a scenario of applying the intervention recommendation on a particular date and time) .
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Rakshit with the above features of Heimerl for the purpose of ambushing group crisis states via a plurality of interventions delivered immediately through myriad user and building devices at an ongoing basis to improve environmental factors, stop rising physiological stress levels, and return the group to their normal operating state as taught by Heimerl.
Regarding Claims 6, 16, Rakshit in view of Heimerl teaches all of the claimed limitations recited in Claims 1, 11. Rakshit further teaches receiving/receive, via an application of the one or more applications associated with a first user of the group of users, an indication of one or more authorized physiological parameters, an indication of one or more authorized time periods, or both (Section 0031, physiological parameters can be restricted or unrestricted), wherein receiving the physiological data from the one or more applications comprises receiving the physiological data associated with the one or more authorized physiological parameters, receiving the physiological data within the one or more authorized time periods, or both (Section 0031, physiological parameters can be restricted or unrestricted).
Regarding Claims 7, 17, Rakshit in view of Heimerl teaches all of the claimed limitations recited in Claims 1, 11. Rakshit does not teach wherein at least one wearable device associated with each user of the group of users comprises a wearable ring device.
Heimerl, which also teaches the sharing of physiological data, teaches wherein at least one wearable device associated with each user of the group of users comprises a wearable ring device (Section 0158).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Rakshit with the above features of Heimerl for the purpose of ambushing group crisis states via a plurality of interventions delivered immediately through myriad user and building devices at an ongoing basis to improve environmental factors, stop rising physiological stress levels, and return the group to their normal operating state as taught by Heimerl.
Regarding Claim 8, Rakshit in view of Heimerl teaches all of the claimed limitations recited in Claim 1. Rakshit does not teach wherein the physiological data comprises a first subset of physiological data corresponding to a first user of the group of users, wherein the first subset of physiological data is associated with the physiological metric, the method further comprising: causing the at least one graphical user interface of the one or more user devices to display a comparison of the first subset of physiological data associated with the first user and the score that indicates the physiological metric representative of the group of users.
Heimerl, which also teaches the sharing of physiological data, teaches wherein the physiological data comprises a first subset of physiological data corresponding to a first user of the group of users, wherein the first subset of physiological data is associated with the physiological metric (Section 0013, biometric conditions are the subset), the method further comprising: causing the at least one graphical user interface of the one or more user devices to display a comparison of the first subset of physiological data associated with the first user and the score that indicates the physiological metric representative of the group of users (Section 0204, 0231, health score is associated with the biometric conditions of the user).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Rakshit with the above features of Heimerl for the purpose of ambushing group crisis states via a plurality of interventions delivered immediately through myriad user and building devices at an ongoing basis to improve environmental factors, stop rising physiological stress levels, and return the group to their normal operating state as taught by Heimerl.
Regarding Claim 9, Rakshit in view of Heimerl teaches all of the claimed limitations recited in Claim 1. Rakshit does not teach transmitting an additional control signal to one or more external devices associated with a surrounding environment of the group of users, the additional control signal configured to modify one or more operational parameters of the one or more external devices to modify one or more characteristics of the surrounding environment of the group of users.
Heimerl, which also teaches the sharing of physiological data, teaches transmitting an additional control signal to one or more external devices associated with a surrounding environment of the group of users, the additional control signal configured to modify one or more operational parameters of the one or more external devices to modify one or more characteristics of the surrounding environment of the group of users (Sections 0203, 0243, intervention application is sent to group users enabling the environment to be modified).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Rakshit with the above features of Heimerl for the purpose of ambushing group crisis states via a plurality of interventions delivered immediately through myriad user and building devices at an ongoing basis to improve environmental factors, stop rising physiological stress levels, and return the group to their normal operating state as taught by Heimerl.
Regarding Claim 10, Rakshit in view of Heimerl teaches all of the claimed limitations recited in Claim 1. Rakshit does not teach receiving calendar data associated with the group of users; and transmitting an additional control signal to adjust a time of a meeting associated with at least a subset of the group of users based at least in part on the calendar data and the score associated with the group of users, wherein the one or more recommendations or insights comprises a recommendation to adjust the time of the meeting.
Heimerl, which also teaches the sharing of physiological data, teaches receiving calendar data associated with the group of users (Section 0092, typical smartwatches and smartphones comprise calendar functions thus rendering a scenario wherein calendar data such as day and time of a meeting of the group of users); and transmitting an additional control signal to adjust a time of a meeting associated with at least a subset of the group of users based at least in part on the calendar data and the score associated with the group of users, wherein the one or more recommendations or insights comprises a recommendation to adjust the time of the meeting (Section 0092, typical smartwatches and smartphones comprise calendar functions thus rendering a scenario wherein calendar data such as day and time of a meeting of the group of users and/or adjusting or changing said day and time of the meeting such that the social environment is different (Section 0025) ex. less toxic).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Rakshit with the above features of Heimerl for the purpose of ambushing group crisis states via a plurality of interventions delivered immediately through myriad user and building devices at an ongoing basis to improve environmental factors, stop rising physiological stress levels, and return the group to their normal operating state as taught by Heimerl.
Claim(s) 3, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rakshit et al. (US 2019/0228179) in view of Heimerl (US 2021/0217532), as applied to Claims 1, 11 set forth above, and further in view of Gaddam et al. (US 2023/0114424)
Regarding Claims 3, 13, Rakshit in view of Heimerl teaches all of the claimed limitations recited in Claims 1, 11. Rakshit in view of Heimerl does not teach identifying/identify a spatial relationship between the group of users; and transmitting/transmit a prompt to share the physiological data between the group of users based at least in part on identifying the spatial relationship, wherein receiving the instruction is based at least in part on transmitting the prompt.
Gaddam, which also teaches sharing health information, teaches identifying/identify a spatial relationship between the group of users (Section 0076, determining when users are within a specified range of each other); and transmitting/transmit a prompt to share the physiological data between the group of users based at least in part on identifying the spatial relationship, wherein receiving the instruction is based at least in part on transmitting the prompt (Section 0076, health information is shared, there would need to be some kind of prompting to share said health information).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Rakshit in view of Heimerl for the purpose of improving the do not disturb functionality of a computing device by enabling the computing device to adaptively refrain from silencing the computing device when the computing device receives a request to establish a communication session that is likely to be of interest to the user of the computing device as taught by Gaddam.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND S DEAN whose telephone number is (571)272-7877. The examiner can normally be reached Monday-Friday, 6:00-2:30, EST.
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/RAYMOND S DEAN/Primary Examiner, Art Unit 2645 Raymond S. Dean
March 24, 2026