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 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.
Claims 1-20 are 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.
Claims 1 and 10 recite the limitation "the living subject" in lines 10 and 11 respectively. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-9 and 12-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite by virtue of being dependent on claims 1 and 10 respectively.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11,918,330.
U.S. Application No. 18/412,517
U.S. Patent No. 11,918,330
Claim 1. A monitor for use with a contactless monitoring system for monitoring home occupant activity, the monitor comprising:
a face comprising:
a radio wave transmitter,
a radio wave receiver,
a plurality of sensors,
a memory configured to store one or more unique vital sign profiles of one or more known home occupants; and
a communication module, wherein the monitor further forwards a vital sign of the living subject based on a radio frequency signal to a control unit that compares the vital sign to the one or more unique vital sign profiles of the one or more known home occupants, and
wherein the vital sign comprises one or more of a heart rate and a respiration rate, and wherein when the vital sign is not recognized, based on the comparison, as belonging to the one or more unique vital sign profiles associated with the one or more known home occupants and a rate of the vital sign is above a threshold, initiate, via the control unit, an alarm
Claim 1. A monitor for use with a contactless monitoring system for monitoring home occupant activity, the monitor comprising:
a face comprising: a lens, wherein the lens is transparent to radio waves, an activity indicator; and a case coupleable to the face comprising an internal cavity, the internal cavity comprising: a radio wave antenna positioned behind the lens,
a radio wave transmitter,
a radio wave receiver,
a plurality of sensors,
a memory configured to store one or more unique vital sign profiles of one or more known home occupants;
a communication module, and a base rotatably coupled to the case;
wherein the monitor uses the radio wave transmitter to transmit a radio frequency signal toward an area associated with the living subject, wherein the monitor uses the radio wave receiver to receive a return signal comprising a vital sign based on a detected return of the radio frequency signal, and wherein the monitor further forwards the return signal to a control unit that compares the vital sign to the one or more unique vital sign profiles of the one or more known home occupants, and
wherein the vital sign comprises one or more of a heart rate and a respiration rate, and wherein when the vital sign is not recognized, based on the comparison, as belonging to the one or more unique vital sign profiles associated with the one or more known home occupants and a rate of the vital sign is above a threshold, initiate, via the control unit, an alarm.
Claim 2
Claim 2
Claim 3
Claim 3
Claim 4
Claim 4
Claim 5
Claim 5
Claim 6
Claim 6
Claim 7
Claim 7
Claim 8
Claim 8
Claim 9
Claim 9
Claim 10. A monitor for use with a contactless monitoring system for monitoring home occupant activity, the monitor comprising:
a cylindrical case comprising:
a radio wave transmitter,
a radio wave receiver,
a plurality of sensors,
a memory configured to store one or more unique vital sign profiles of one or more known home occupants, and
a communication module, and a face couplable to the case;
wherein the monitor further forwards a vital sign of the living subject based on a radio frequency signal to a control unit that compares the vital sign to the one or more unique vital sign profiles of the one or more known home occupants, and wherein the vital sign comprises one or more of a heart rate and a respiration rate, and
wherein when the vital sign is not recognized, based on the comparison, as belonging to the one or more unique vital sign profiles associated with the one or more known home occupants and a rate of the vital sign is above a threshold, initiate, via the control unit, an alarm.
Claim 15. A monitor for use with a contactless monitoring system for monitoring home occupant activity, the monitor comprising:
a cylindrical case comprising:
a radio wave transmitter,
a radio wave receiver,
a plurality of sensors,
a memory configured to store one or more unique vital sign profiles of one or more known home occupants, and
a communication module, a face couplable to the case;
and a base supporting the case and rotatably coupled to the case;
wherein the monitor uses the radio wave transmitter to transmit a radio frequency signal toward an area associated with the living subject, wherein the monitored uses the radio wave receiver to receive a return signal comprising a vital sign based on a detected return of the radio frequency signal,
wherein the monitor further forwards the return signal to a control unit that compares the vital sign to the one or more unique vital sign profiles of the one or more known home occupants, and wherein the vital sign comprises one or more of a heart rate and a respiration rate, and
wherein when the vital sign is not recognized, based on the comparison, as belonging to the one or more unique vital sign profiles associated with the one or more known home occupants and a rate of the vital sign is above a threshold, initiate, via the control unit, an alarm
Claim 11
Claim 16
Claim 12
Claim 17
Claim 13
Claim 18
Claim 14
Claim 19
Claim 15
Claim 10
Claim 16
Claim 11
Claim 17
Claim 12
Claim 18
Claim 12
Claim 19
Claim 13
Claim 20
Claim 14
Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims include all the limitations of the instant application claims, respectively (see table above showing the patent claims that correspond to the instant application claims). The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, " a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claim preclude issuance of generic application claims”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Teissier et al US 20180344211 discloses a device comprising heart rate measurement means suitable for being worn by the person to measure his or her heart rate, storage means to store a heart rate threshold value, and calculation means configured to generate an alert signal when the measured heart rate has a value above the stored heart rate threshold value.
Kamins US 20110227737 discloses physiological sign assessment security scanner system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUMIDE T AJIBADE AKONAI whose telephone number is (571)272-6496. The examiner can normally be reached Monday-Friday 8AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ROBERT W HODGE can be reached at 571-272-2097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OLUMIDE AJIBADE AKONAI/Primary Examiner, Art Unit 3645