DETAILED ACTION
Response to Amendment
This is in response to Applicants amendment filed 04/06/2026 which has been entered. Claim 1 has been amended. Claims 2 and 13-30 have been cancelled. Claims 31-36 have been added. Claims 1, 3-12 and 31-36 are still pending in this application, with Claims 1, 31 and 34 being independent.
Response to Arguments
Applicant’s arguments with respect to Claim(s) 1 and 3-12 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.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-12 and 31-36 are rejected under 35 U.S.C. 103 as being unpatentable over Shaw (2016/0127172 A1) in view of Race et al (2023/0005613 A1).
As per Claim 1, Shaw teaches a system for monitoring worker activity, comprising: a plurality of wearable devices (Figure 1 – Reference 106; Page 2, Paragraphs [0021] and [0024]); the plurality of wearable devices configured to be worn by workers during a work shift (Figure 1 – Reference 104; Page 2, Paragraphs [0021] and [0024]); the plurality of wearable devices having a plurality of sensors (Figure 1 – References 108a-n; Page 2, Paragraph [0022]).
(Note: In paragraphs [0021] and [0024], Shaw describes a plurality of user devices [e.g. wearable devices, smartwatches, fitness devices smart glasses, mobile devices, smartphones, etc.] in an area [i.e. indoor/outdoor area – building, tent, park, etc.]. 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. In paragraph [0022], Shaw describes one or more sensors which include among other but is not limited to chemical sensors, gas sensors, environmental sensors, radiation sensors, temperature sensors, biometric sensors, etc.)
Shaw also teaches a monitoring system (Figure 1 – Reference 128; Page 3, Paragraph [0031] – Page 4, Paragraph [0032]); wherein the plurality of wearable devices communicates data collected from the plurality of sensors to the monitoring system (Figure 1 – Reference 126; Page 3, Paragraph [0031] – Page 4, Paragraph [0032]); wherein the plurality wearable devices are configured to communicate data to the monitoring system using a plurality of communication methods (Page 4, Paragraphs [0037] and [0038]; Page 9, Paragraphs [0078] and [0079]).
(Note: In paragraph [0031], Shaw describes an event detection module that causes the wearable user device to perform operations based on the detection of some event. Shaw indicates that an event may be among other things: user input, a change in environmental conditions, a change in one or more physical conditions [e.g. heart rate, blood pressure, temperature, oxygen level, other biometrics], change in device condition [e.g. battery level, location, signal strength, network connectivity, etc.], and/or the detection that one or more thresholds for one or more predefined conditions have been met or exceeded)
(Note: In paragraph [0032], Shaw describes that in response to an event the user device collects the event information which is then sent to a profile orchestration system [i.e. monitoring system]. In paragraph [0033], Shaw indicates that a device operational profile indicates how the sensor/wearable device should respond based on the detected event. Shaw also indicates that the device operational profile includes at a minimum an identifier associated with the user, one or more user preferences and an identifier associated with the one or more devices associated with the user profile)
(Note: In paragraph [0037], Shaw describes the use of wireless communication technology and provides examples that include among others: Bluetooth, Zigbee, Wi-Fi, Wi-Fi peer-to-peer, GSM, CDMA, UMTS, LTE, 802.XX and WiMAX. In paragraph [0037], Shaw describes a plurality of channel access methods which include but are not limited to TDMA, FDMA, W-CDMA, OFDM, SC-FDMA, GPRS, EDGE, HSPA, HSDPA, EUL, etc.)
Shaw further teaches wherein the plurality of communication methods are is configured to communicate data using different physical layer communication protocols (Page 4, Paragraphs [0037] and [0038]; Page 9, Paragraphs [0078] and [0079]); and a docking station (Page 9, Paragraph [0076]).
Shaw additionally teaches wherein when the worker checks out the one of the plurality of wearable device, the docking station automatically retrieves communication settings from the monitoring system and configures communication settings on the one wearable device for at least one communication method of the plurality of communication methods based on the retrieved communication settings (Figure 2 – References 208, 212 and 220; Page 3, Paragraph [0031] – Page 4, Paragraph [0033]; Page 6, Paragraphs [0049] – [0051]).
(Note: In response to an event [i.e. worker checks out the one of the plurality of wearable devices] as described in paragraph [0031]; the user device automatically performs an operation which in this case results in the delivery of the event to the profile orchestration system. In paragraphs [0049] – [0051]; Shaw describes the receipt of the information and the generation of a lookup query to identify a specific device operational profile. Upon this being performed the profile provisioning system generates setting in accordance with the user operational profile [i.e. configuring communication settings on the one wearable device for at least one communication method of the plurality of communication methods based on the retrieved communication settings])
Shaw does not teach the docking station having a plurality of sockets configured to receive and hold the plurality of wearable devices; the docking station configured to charge the plurality of wearable devices when held within the plurality of sockets; the docking station having a user interface for the worker to check out the one wearable device of the plurality of wearable devices.
However, Race teaches the docking station having a plurality of sockets configured to receive and hold the plurality of wearable devices; the docking station configured to charge the plurality of wearable devices when held within the plurality of sockets; the docking station having a user interface for the worker to check out the one wearable device of the plurality of wearable devices (Figure 1 – Reference 108; Page 4, Paragraphs [0028] – [0030]; Page 7, Paragraphs [0056] – [0058]).
(Note: In paragraph [0028], Race describes the devices docking station as providing one or more devices a simplified way of plugging-in or docking a mobile/wearable device [i.e. connecting, nesting, housing, holding or otherwise coupling at least one wearable device]. In paragraph [0029], Race indicates that the docking station may recharge the mobile/wearable device when docked)
(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)
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 Shaw 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, Shaw 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.
As per Claim 4, the combination of Shaw and Race teaches wherein the communication settings include user preferences for communication as described in Claim 1 (Note: In paragraph [0029]; Shaw indicates user preferences can include any other preference that are user-defined, pre-defined and selectable by the user [i.e. communication preferences]).
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 Shaw 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 Shaw 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.
(Note: In paragraph [0031], Shaw indicates that an event may be a change in one or more device conditions [i.e. signal strength/network connectivity]. The Examiner finds that automatically selecting communication preferences with respect to pre-defined user preferences taking into consideration current signal strength/network connectivity is taught y the combination of currently applied art reading on the claimed language)
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 Shaw 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 Shaw 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 5 above.
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 Shaw 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 Shaw and Race teaches wherein the plurality of communication methods include: a first communication method configured to communicate data to monitoring system using Wi-Fi; 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 Claims 1 and 5 above. (Note: Evidence of an ad hoc network is demonstrated through the use of Bluetooth 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 Shaw 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, Shaw teaches wherein the plurality of communication methods include: a communication method configured to communicate data to monitoring system via a Wi-Fi network using a mobile device wirelessly connected to the wearable device as described in Claim 1.
As per Claim 9, the combination of Shaw and Race teaches wherein the monitoring system is configured to perform analytics on the data received from the wearable device (Note: In paragraph [0031], Shaw indicates that an event may be a change in one or more physical conditions – i.e. heart rate, blood pressure, temperature, oxygen rate. In order to detect a change in heart rate or blood pressure there must be monitoring and comparison to detect a change and recognize an anomalous condition [i.e. analytics on the data received from the 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 Shaw 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 Shaw 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 (Note: In paragraph [0031], Shaw indicates that an event may be a change in one or more physical conditions – i.e. heart rate, blood pressure, temperature, oxygen rate. In order to detect a change in heart rate or blood pressure there must be monitoring and comparison to detect a change and recognize an anomalous condition [i.e. perform analytics on the data received from the wearable device to quantify physicality exhibited by the worker during the work shift])
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 Shaw 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 11, the combination of Shaw 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 as described in Claims 1, 9 and 10. (Note: The detection of an elevated heart rate and elevated blood pressure are potentially dangerous events)
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 Shaw 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 Shaw 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. (Note: In paragraph [0022], Shaw indicates that the sensors may include position sensors, angle sensors, gyroscope sensors, acceleration sensors and biometric sensors. The Examiner is considering an accelerometer [i.e. acceleration sensor] as being used to sense body position and body activity)
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 Shaw 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 31, the combination of Shaw and Race teaches a system for monitoring worker activity as described in Claim 1. Claim 31 differs from Claim 1 in that Claims 31 automatically requests communications settings for the wearable device whereas Claim automatically retrieves the communication settings.
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 Shaw 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 32, the combination of Shaw and Race teaches wherein the monitoring system is configured to select one of the plurality of communication methods to be used by the wearable device based on job assignment scheduled for the worker for the day as described in Claims 1 and 31. (Note: In this case the event is the job assignment scheduled for the worker for the day – See Shaw paragraph [0031])
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 Shaw 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 33, the combination of Shaw and Race teaches wherein the selection of one of the plurality of communication methods to be used by the wearable device is also based saved user preferences of the worker as described in Claims 1 and 31. 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 Shaw 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 34, the combination of Shaw and Race teaches a system for monitoring worker activity as described in Claims 1 and 31. 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 Shaw 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 35 and 36, the combination of Shaw 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; and wherein the communication settings include user preferences for communication 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 Shaw 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. Blumenthal et al (2015/0359457 A1), 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.
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 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
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