DETAILED ACTION
This Communication is a First Action on the Merits (FAOM). Claims 1-12, as originally filed, are pending and have been considered as follows.
NOTE: In response to the Restriction Requirement (08/27/2025), Applicants response (10/24/25) indicated Claims 1-12 remain in the application and Claims 13-30 were withdrawn pursuant to the Examiner Restriction Requirement. Applicant acknowledges the invention is restricted into 4 groups of claims:
Group 1: Claims 1-12
Group 2: Claims 13-20
Group 3: Claims 21-29
Group 4: Claim 30
Applicant then provisionally elects to have Group 3: Claims 21-29 examined. This is in conflict with applicant’s stated intent that Claims 13-30 are to be withdrawn and that only Claims 1-12 remain in the application. As such for the purposes of this FAOM, Claims 1-12 are being examined.
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 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) 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Tran (2014/0308930 A1) in view of Race et al (2023/0005613 A1).
As per Claim 1, Tran teaches a system for monitoring worker activity, comprising: a wearable device (Figure 1 – Reference 17; Page 2, Paragraph [0030] and [0031]); the wearable device configured to be worn by a worker during a work shift; the wearable device having a plurality of sensors (Page 5, Paragraphs [0051] – [0053]); a monitoring system (Page 4, Paragraph [0050]).
(Note: In paragraphs [0030] and [0031], Tran describes a wearable device [e.g. smartwatch, armband, pendant, keychain, patch, etc.] in communication with a smartphone via a low power communication protocol [i.e. Bluetooth or Wi-Fi]. Tran also indicates that the wearable device includes a display capable of providing information to a user. In paragraphs [0051] and [0052], Tran describes metal electrodes enabling the measurement of EKG and ECG signals)
(Note: In paragraph [0053], Tran describes the wearable device may include an ultrasound transducer, optical transducer or electromagnetic sensors. The configuration of a wearable device to be worn by a worker during a work shift is an intended use which is not found to have any bearing on patentability)
Tran also teaches wherein the wearable device communicates data collected from the plurality of sensors to the monitoring system (Page 5, Paragraph [0050]); wherein the wearable device is configured to communicate data to the monitoring system using a plurality of communication methods (Page 5, Paragraph [0050]); a docking station (Figure 8 – Reference 800; Page 9, Paragraph [0074]).
(Note: In paragraph [0050], Tran describes a monitoring appliance indicating that the wearable appliance communicates with the cell phone and provides information to a server [i.e. monitoring system] Tran indicates that methods used to communicate information include Bluetooth, use of a cellular channel [i.e. radio frequency] and Wi-Fi. Figure 8 is an illustration of a personal network and includes a base station [i.e. docking station] which is described in paragraph [0074])
Tran does not teach the docking station having a socket configured to receive and hold the wearable device; the docking station configured to charge the wearable device when held within the socket; the docking station having a user interface for the worker to check out the wearable device; wherein when the worker checks out the wearable device, the docking station automatically configures communication settings on the wearable device for at least one communication method of the plurality of communication methods.
However, Race teaches being worn during a work shift (Page 7, Paragraphs [0056] – [0058]); the docking station having a socket configured to receive and hold the wearable device (Figure 4 – Reference 404; Page 4, Paragraphs [0028] – [0031]; Page 8, Paragraph [0067]); and the docking station configured to charge the wearable device when held within the socket (Page 4, Paragraphs [0028] – [0031]).
(Note: In paragraphs [0056] – [0058], Race describes the assigning of a docking station to a user; and a wearable mount in which a wearable device rests being affixed to a user’s body or to a user’s clothing. In paragraphs [0028] – [0031], Race describes then plugging-in or docking of a device into a docking station [i.e. docking station having a socket configured to receive and hold the wearable device] which results in the docked device being charged)
The combination of Tran and Race teaches the docking station having a user interface for the worker to check out the wearable device; wherein when the worker checks out the wearable device, the docking station automatically configures communication settings on the wearable device for at least one communication method of the plurality of communication methods (Race: Page 7, Paragraphs [0056] – [0058]).
(Note: In paragraph [0056], Race describes assigning a device to a user [i.e. worker checking out the wearable device]. In paragraph [0058], Race describes initializing a wearable device which involves pairing the wearable device with an endpoint device. Race indicates that interfacing with the endpoint device which acts as a computer when docked. In paragraph [0026], Race indicates paired devices may include laptops, notebooks computers, desktops, etc. Each of these include a user interface)
(Note: As described above a plurality of communication methods are described [i.e. Bluetooth, cellular channel and/or Wi-Fi. It is found to be obvious to automatically configure communication settings on a wearable device as a means to avoid repetitive and time-consuming configuration each time a wearable device is to be utilized within an environment)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the system taught by Tran with the system taught by Race to support mental health and stress management through the tracking of physiological response, offering personalized health insights and reducing long-term health risks.
As per Claim 2, the combination of Tran and Race teaches wherein the docking station is configured to retrieve the communication settings from the monitoring system as described in Claim 1. (Note: It is found to be obvious to have information such as Wi-Fi network information to be centrally stored and retrieved as opposed to having to enter it every time user seeks to use a wearable device)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the system taught by Tran with the system taught by Race to support mental health and stress management through the tracking of physiological response, offering personalized health insights and reducing long-term health risks.
As per Claim 3, the combination of Tran and Race teaches wherein the communication settings enable the wearable device to wirelessly connect with a smartphone of the worker and communicate the data to the monitoring system via a cellular network as described in Claim 1. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the system taught by Tran with the system taught by Race to support mental health and stress management through the tracking of physiological response, offering personalized health insights and reducing long-term health risks.
As per Claim 4, the combination of Tran and Race teaches wherein the communication settings include user preferences for communication (Tran: Page 2, Paragraph [0033]; Page 3, Paragraph [0036]; Page 16, Paragraph [0137]). (Note: In paragraph [0033], Tran describes the collection of data in accordance with user preferences. In paragraph [0036], Tran describes a user specifying preferences for information to be displayed [i.e. user preferences for communication]. The Examiner is considering this to be searching for available networks to connect to and the retrieving stored connection credentials [i.e. preferred or prioritized network connections])
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the system taught by Tran with the system taught by Race to support mental health and stress management through the tracking of physiological response, offering personalized health insights and reducing long-term health risks.
As per Claim 5, the combination of Tran and Race teaches wherein when the worker checks out the wearable device the docking station or monitoring system automatically select one of the plurality of communication methods for the wearable device to use to communicate data to the monitoring system; wherein the communication settings configure the wearable device to use the selected one of the plurality of communication methods as described in Claims 1 and 4.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the system taught by Tran with the system taught by Race to support mental health and stress management through the tracking of physiological response, offering personalized health insights and reducing long-term health risks.
As per Claim 6, the combination of Tran and Race teaches wherein when the worker checks out the wearable device the docking station or monitoring system automatically selects one of the plurality of communication methods for the wearable device to use to communicate data to the monitoring system based on worker-specific data stored by the monitoring system; wherein the communication settings configure the wearable device to use the selected one of the plurality of communication methods as described in Claims 1 and 4.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the system taught by Tran with the system taught by Race to support mental health and stress management through the tracking of physiological response, offering personalized health insights and reducing long-term health risks.
As per Claim 7, the combination of Tran and Race teaches wherein the plurality of communication methods include: a first communication method configured to communicate data to monitoring system using WiFi; a second communication method configured to communicate data to monitoring system via a cellular network using a mobile device wirelessly connected to the wearable device; a third communication method configured to communicate data to monitoring system using an ad hoc network formed by one or more additional wearable devices as described in Claim 1.
(Note: Evidence of an ad hoc network is demonstrated through the use of Bluettoth which enables peer-to-peer communication without needing a central access point) It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the system taught by Tran with the system taught by Race to support mental health and stress management through the tracking of physiological response, offering personalized health insights and reducing long-term health risks.
As per Claim 8, the combination of Tran and Race teaches wherein the plurality of communication methods include: a communication method configured to communicate data to monitoring system via a WiFi network using a mobile device wirelessly connected to the wearable device as described in Claim 1.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the system taught by Tran with the system taught by Race to support mental health and stress management through the tracking of physiological response, offering personalized health insights and reducing long-term health risks.
As per Claims 9 and 11, the combination of Tran and Race teaches wherein the monitoring system is configured to perform analytics on the data received from the wearable device to identify potentially dangerous events (Tran: Page 4, Paragraph [0049]). It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the system taught by Tran with the system taught by Race to support mental health and stress management through the tracking of physiological response, offering personalized health insights and reducing long-term health risks.
As per Claim 10, the combination of Tran and Race teaches wherein the monitoring system is configured to perform analytics on the data received from the wearable device to quantify physicality exhibited by the worker during the work shift (Tran: Page 6, Paragraph [0057]). (Note: In paragraph [0057], Tran describes monitoring a user’s heart rate and blood pressure)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the system taught by Tran with the system taught by Race to support mental health and stress management through the tracking of physiological response, offering personalized health insights and reducing long-term health risks.
As per Claim 12, the combination of Tran and Race teaches wherein the monitoring system is configured to perform analytics on the data received from the wearable device to identify repetitive motions of the worker (Page 11, Paragraph [0091]; Page 12, Paragraph [0094]). (Note: In paragraph [0091], Tran describes the use of an accelerometer to sense body position and body activity. In paragraph [0094], Tran describes a sound transducer that picks up sound produced by bones or joints during movement and uses the audio monitor osteoarthritis)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the system taught by Tran with the system taught by Race to support mental health and stress management through the tracking of physiological response, offering personalized health insights and reducing long-term health risks.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Panneer Selvan et al (2021/0052221 A1), Panner Selvam et al (2021/0321953 A1), CRONIN et al (2018/0070840 A1), Liu et al (2022/0085231 A1), Raj et al (2017/0244285 A1), Eom et la (11,064,944 B2), Raj et al (2017/0244543 A1), Alberth et al (2013/0085410 A1) and Crouthamel et al (2017/0303187 A1). Each of these describes systems and methods to use biometrics to monitor user health in a workplace environment.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHARYE POPE whose telephone number is (571)270-5587. The examiner can normally be reached Monday - Friday 8AM - 4PM.
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, Ahmad Matar can be reached at 571-272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KHARYE POPE
Primary Examiner
Art Unit 2693
/KHARYE POPE/Primary Examiner, Art Unit 2693