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: the current application has an effective filing date of 02/06/2023.
Claim Status
As per claim amendment received on 07/10/2026, claims 1-29 are pending, and all pending claims have been amended in view of the amended independent claims.
Response to Amendment
The claims, drawing, and Specification objections are withdrawn in view of current claim amendments.
As for the 35 USC 102 and 103 rejections, the Applicant’s arguments have been fully considered; but are not persuasive.
The Applicant’s arguments are not persuasive, the Applicant argued that Wexler (US 2017/0064363 A1) and/or Temkin (US 2022/0180075 A1), the Applicant first argued the field of invention of the applied references, but this argument is non-commensurate with the scope of the claim, there is no recitation of field of invention any of the claims.
The Applicant further argues the applied references fail to teach all or some of the newly added limitations, including: 1) failing to automatically associated received health data with the using the unique MAC address, and/or 2) a manufacturer-independent cloud-based platform. To point 1), the Applicant is referred to basic Bluetooth and MAC address knowledge immediately below. It is basic understanding that MAC address a form of identification for a device within a network, as such, the data received from a particular MAC address is automatically tied to said MAC. And to point 2), the claim as drafted recite: “the server is configured to communicate with one or more medical devices manufactured by one or more different manufacturers.” Under broadest reasonable interpretation/BRI, this requires a server to communicate with one medical device manufactured by one manufacturer. As such, the Applicant’s argument is non-commensurate with the scope of the claim.
1) Bluetooth™ technology as a standard for short range wireless communication between portable devices has been in use since early 2000s (see attached teaching reference: “What is Bluetooth?.”);
2) “MAC address” is an unique hardware ID manufacture’s registered identification number that is encoded into every network enabled device, it is either a universally administered address which is uniquely assigned to a device by its manufacturer (see teaching reference: “MAC and Logical addressing (A Review Study)”); and
3) The IEEE 802 network technologies including: Ethernet, Wi-Fi, and Bluetooth requires devices to have individually assigned unique MAC address (see < MAC address - Wikipedia>)
In view of above, any network system that utilizes Bluetooth™ technology inherently utilizes each device’s unique MAC address for identification and tracking within its network. Accordingly, when absent explicitly teaching from a cited reference, basic knowledge from the wireless technology field and the above teaching references are relied upon for support.
See new grounds of rejection below.
Claim Objections
Claims 1-28 are objected to because of the following informalities: trademark Bluetooth™. Almost all pending claims have been amended to include the trademark term: Bluetooth™, MPEP 2173.05(U) states:
The presence of a trademark or trade name in a claim is not, per se, improper under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, but the claim should be carefully analyzed to determine how the mark or name is used in the claim. It is important to recognize that a trademark or trade name is used to identify a source of goods, and is not the name of the goods themselves. Thus a trademark or trade name does not define or describe the goods associated with the trademark or trade name. See definitions of trademark and trade name in MPEP § 608.01(v).
If the trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of the 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Ex parteSimpson, 218 USPQ 1020 (Bd. App. 1982). See also Eli Lilly & Co. v. Apotex, Inc., 837 Fed. Appx. 780, 784-85, 2020 USPQ2d 11531 (Fed. Cir. 2020) ("Following Patent Office procedure, the Examiner in this case rejected the claims of the '821 application as indefinite because they improperly used the trade name 'ALIMTA.' In response to the rejection, Lilly canceled its claims reciting the trade name and pursued claims using the generic name for the same substance, which mooted the rejection. Additionally, as the district court observed, the Examiner 'explicitly noted that pemetrexed disodium was 'also known by the trade name ALIMTA' ' in the contemporaneous obviousness rejection."). The claim scope is uncertain since the trademark or trade name cannot be used properly to describe any particular material or product. In fact, the value of a trademark would be lost to the extent that it became the generic name of a product, rather than used as an identification of a source or origin of a product. Thus, the use of a trademark or trade name in a claim to describe a material or product would not only render a claim indefinite, but would also constitute an improper use of the trademark or trade name. If the applicant responds to such a rejection by replacing the trademark or trade name with a generic term, the examiner should determine whether there is sufficient support in the application for use of a generic term. See MPEP § 2163, subsection II.A.3(b).
If a trademark or trade name appears in a claim and is not intended as a limitation in the claim, the question of why it is in the claim should be addressed. If its presence in the claim causes confusion as to the scope of the claim, then the claim should be rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
In the previous office action, it was the Examiner’s interpretation that the usage of Bluetooth was proper as it was not used to identify or describe a particular material or product, but merely used as a form of short-range wireless technology utilized by the claimed network system/method. However, the latest claim amendment of incorporating Bluetooth into the independent claim(s) indicate that the invention as a whole heavily relies solely on Bluetooth technology, as opposed to a generic wireless communications network and system that can also use Bluetooth. Therefore, the Applicant is strongly advised to change the trademark- Bluetooth in the claims to a generic and/or technologically equivalent term.
Appropriate correction is required.
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 1-29 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.
Regarding claim 1, lines 11-12 recites “wherein the server is configured to: communicate with one or more medical devices manufactured by one or more different manufacturers”; as for the recited ‘one or more medical devices’, it is unclear whether this is the same or a different medical device recited in claim 1 line 6. Furthermore, if this refers to the same medical device, since the claim as a whole requires ‘at least one’ medical device, then it is irrelevant for the medical device to be made by different manufacturers as recited in the claim. This is because one medical device is only made by one manufacturer. For purposes of Examination, it is the Examiner’s interpretation that the recited limitation clause refers to the cloud-based server’s ability to communicate with medical devices made by one or more manufacturers.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 2 and 12 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claims 2 and 12 recites “wherein the MAC address is a Bluetooth MAC address” fails to further limit respective independent claims, because it simply repeats the newly added claim amendment in claims 1 and 11.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 8-13 and 18-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wexler et al. US 2017/0064363 A1 (hereinafter “Wexler”).
Regarding claim 1, Wexler discloses a system (exemplary system 200 as shown in Fig. 2; alternatively shown in Figs. 20A-20B, [0189-0192]) for monitoring in real time health data of an individual (monitored subject 100; [0005] health monitoring; [0308:1st sentence] real time image processing) comprising:
a cloud-based (cloud platform 2050, [0190]) server (server 250/2060; [0190]) connected to a network (network 240, alternatively as shown in Figs. 20A-20B, see [0190-0191]), the cloud-based server (250/2060) comprising a tangible, non-volatile memory (database 2070, [0190]) in communication with one or more processor (processor 2064) configured to execute instructions ([0190-0191]);
at least one medical device (wearable apparatus 110; alternatively, Figs. 189: a plurality wearable cameras e.g. 2012, 2022, 2032 associated with a plurality of user) wirelessly connected to the network (as shown in Fig. 2 and [0083, 0087] 110 wirelessly communicates with user’s device 120, and/or server 250), wherein the at least one medical device (110/2012, 2022, 2032) is configured to generate health data from the individual ([0270] “Wearable apparatus 110 may thus include sensors to determine physiological parameters of user 100”), and the at least one medical device (cameras) having a unique Bluetooth ([0093, 0147, 0162, 0274, 0286, 0302] computer/server communicate with other network components, e.g. wearable component, using Bluetooth and other known wireless standards) MAC address that is associated with the individual ([0331] apparatus 110 transmits data which include its MAC address; also see [0334] MAC address to identify a user, a device, this is evident because apparatus 110 worn by another user also transmits data including a MAC address to identify said another user; see [0331] and Figs 33A-33C); and
at least one user interface device (computing device 120) connected to the network (150; as shown in Figs. 2 and 20A-20B and [0090, 0191-0192]),
wherein the server (250/2060) is configured to:
communicate with one or more medical devices manufactured by one or more different manufacturers ([0093, 0117, 0162] network communication is limited to type specific type of short-range standard between server and devices, e.g. WiFi or Bluetooth™ etc., thus the manufacturer of individual devices is irrelevant; see [0274: last sentence] “wearable apparatus may utilize Bluetooth® to pair with computing device 120 and/or server 250”),
receive the health data generated by the at least one medical device ([0274-0275] wearable device pairs with server using Bluetooth, and transmits information thereafter),
store the health data in the memory ([0083, 0092-0093] stores data in server 250; [0286] “The information may be stored in data structures suitable for transmission over low-bandwidth networks, such as Bluetooth®…”),
automatically associate the received health data with the individual using the unique MAC address associated with the at least one medical device ([0093] “Apparatus 110 can also connect to computing device 120 over network 240 via any known wireless standard (e.g., Wi-Fi, Bluetooth®, etc.)”) before presenting the health data to at least one user interface device ([0161] collected data is transmitted, stored, analyzed and then displayed);
maintain the associated health data in the memory for retrieval by the at one user interface device ([0334] “wearable apparatus 110 may analyze historical tracking data stored in a database that are associated with the same MAC address”; data is associated with MAC address, for storage and retrieval), and
to allow the at least one user interface device to view the health data in real time ([0083, 0092-0093] stores, analyze, and provide feedback to the user based on detected data transmitted from 110).
Regarding claim 2, Wexler discloses the system according to claim 1, wherein the MAC address is a Bluetooth MAC address. (see rejection to claim 1 and [0093] “Apparatus 110 can also connect to computing device 120 over network 240 via any known wireless standard (e.g., Wi-Fi, Bluetooth®, etc.)” and [0334] apparatus 110 transmits data with its own MAC address. When [0093] and [0334] are considered together, apparatus 110 wirelessly transmits over Bluetooth® connection, and the transmits data includes a MAC address, this is taken to encompass “Bluetooth MAC address” in the claim)
Regarding claims 3-10, regarding “the at least one medical device is Bluetooth™ enabled…”, this is taught by Wexler-wearable 110 being able to communicate using Bluetooth®, see rejection to claim 1 and Wexler: [0093, 0274, 0302, 0328] which discusses Bluetooth® pairing.
Regarding claim 3, Wexler discloses the system according to claim 2, wherein the at least one medical device is a Bluetooth enabled thermometer and the health data includes temperature readings from the thermometer. ([0270] apparatus 110 detects physiological parameter from a user, e.g. temperature)
Regarding claim 8, Wexler discloses the system according to claim 2, wherein the at least one medical device is a Bluetooth enabled heart monitoring device and the health data includes heart readings from the heart monitoring device. ([0270] apparatus 110 detects physiological parameter from a user, e.g. heart activity, ECG)
Regarding claim 9, Wexler discloses the system according to claim 2, wherein the at least one device is a Bluetooth enabled smart bandage and the health data includes wound condition data generated by the smart bandage. (In this claim “smart bandage” is interpreted as wearable patch-type sensor with electric circuitry, this is taught in [0270] which discloses wearable apparatus 110 being able to detect physiological parameters from the skin; also see [0296]. This data is taken to encompass intended use of a “smart bandage”)
Regarding claim 10, Wexler discloses the system according to claim 2, wherein the at least one medical device is a Bluetooth enabled smart watch and the health data includes watch readings from the smart watch. ([0083] wearable 110 and smartwatch are incorporated as one device, thus, which is capable of detecting physiological parameters; these parameters are interpreted to encompass “watch readings” in this claim.)
Regarding claim 11, Wexler discloses a method of monitoring health data of an individual in real time (Abstract: system and method for using the same. Exemplary system 200 for monitored subject 100; [0005] health monitoring; [0308:1st sentence] real time image processing) comprising:
providing a system (exemplary system 200 as shown in Fig. 2; alternatively shown in Figs. 20A-20B, [0189-0192]) comprising a cloud-based (cloud platform 2050, [0190]) server (server 250/2060; [0190]) connected to a network (network 240, alternatively as shown in Figs. 20A-20B, see [0190-0191]), the cloud-based server (250/2060) comprising a tangible, non-volatile memory (database 2070, [0190]) in communication with one or more processor (processor 2064) configured to execute instructions ([0190-0191]);
at least one medical device (wearable apparatus 110; alternatively, Figs. 189: a plurality wearable cameras e.g. 2012, 2022, 2032 associated with a plurality of user) wirelessly connected to the network (as shown in Fig. 2 and [0083, 0087] 110 wirelessly communicates with user’s device 120, and/or server 250), wherein the at least one medical device (110/2012, 2022, 2032) is configured to generate health data from the individual ([0270] “Wearable apparatus 110 may thus include sensors to determine physiological parameters of user 100”), and the at least one medical device (cameras) having a unique Bluetooth([0093, 0147, 0162, 0274, 0286, 0302] computer/server communicate with other network components, e.g. wearable component, using Bluetooth and other known wireless standards) MAC address that is associated with the individual ([0331] apparatus 110 transmits data which include its MAC address; also see [0334] MAC address to identify a user, a device, this is evident because apparatus 110 worn by another user also transmits data including a MAC address to identify said another user; see [0331] and Figs 33A-33C); and
at least one user interface device (computing device 120) connected to the network (240; as shown in Fig 2 and [0090]),
communicating, by the server, with the one or more medical devices manufactured by one or more different manufacturers ([0093, 0117, 0162] network communication is limited to type specific type of short-range standard between server and devices, e.g. WiFi or Bluetooth™ etc., thus the manufacturer of individual devices is irrelevant; see [0274: last sentence] “wearable apparatus may utilize Bluetooth® to pair with computing device 120 and/or server 250”),,
receiving, by the server, the health data generated by the at least one medical device ([0274-0275] wearable device pairs with server using Bluetooth, and transmits information thereafter);
storing the health data in the memory ([0083, 0092-0093] stores data in server 250; also see [0286] “The information may be stored in data structures suitable for transmission over low-bandwidth networks, such as Bluetooth®…”),
automatically associating, by the server, the received health data with the individual using the unique MAC address associated with the at least one medical device ([0093] “Apparatus 110 can also connect to computing device 120 over network 240 via any known wireless standard (e.g., Wi-Fi, Bluetooth®, etc.)”) before presenting the health data to at least one user interface device ([0161] collected data is transmitted, stored, analyzed and then displayed); and
using the user interface device (120) to remotely monitor the health data of the individual in real time ([0095]).
Regarding claims 12-13, these claims are rejected by Wexler under the same rationale as discussed to claims 2 and 3 above.
Regarding claims 18-21, these claims are rejected by Wexler under the same rationale as discussed to claims 8-10 above.
Claims 1-5, 7-9, 11-15, 17-19, 23-25 and 28-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Temkin et al. US 2022/0180075 A1 (hereinafter “Temkin”).
Regarding claim 11, Temkin discloses a method of monitoring health data of an individual in real time (Abstract: attachable system and method for using the same) comprising:
providing a system (cloud based system 100 as shown in Fig. 1, [0036, 0067]) comprising a cloud-based server (servers 150, 160, 170, 180, 185) connected to a network (network 180), the cloud-based server (150, 160, 170, 180, 185) comprising a tangible, non-volatile memory ([0073] at least 150 and 185 are storage/database device) in communication with one or more processors ([0036, 0156] server computer) configured to execute instructions;
at least one medical device (smart bandage 120) wirelessly connected to the network (as shown in Fig. 1 and [0065, 0069, 0073] 110 wirelessly communicates with servers via devices 130, 131 or 132), wherein the at least one medical device (120) is configured to generate health data from the individual ([0134-0135] bandage 120 comprises sensors and adapted for detecting physiological data), and the at least one medical device (120) having a unique Bluetooth ([0005, 0156] Bluetooth data communication/exchange) MAC address that is associated with the individual ([0077] MAC address beacon, and [0116] MAC address); and
at least one user interface device (computing device 130, 131, 132) connected to the network (see Fig. 1 and [0066-0067, 0072]),
using the user interface device (130, 131, 132) to remotely monitor the health data of the individual in real time ([0063-0068] provides communication and data analysis and/or storage from bandage 120);
communicating, by the server, with the one or more medical devices manufactured by one or more different manufacturers (Figs.1 and 4 and [003] server communicated with a plurality of devices; [0080, 0255] wireless communication recognizes devices and their respective manufacture info.),
receiving, by the server, the health data generated by the at least one medical device ([0034]);
storing the health data in the memory ([0066] database 150 and 185 stores data in server 250),
automatically associating, by the server, the received health data with the individual using the unique MAC address associated with the at least one medical device ([0116] in Bluetooth communication, server reads MAC address and it is associated with the device and/or the user and/or user data ) before presenting the health data to at least one user interface device ([0116] the association takes place before the data is read) and
using the user interface device to remotely monitor the health data of the individual in real time ([0063-0068] provides communication and data analysis and/or storage from bandage 120).
Regarding claim 12, Temkin discloses the method according to claim 11, wherein the MAC address is a Bluetooth MAC address. (see rejection to claim 1, [0073] Bluetooth® beacon)
Regarding claim 13, Temkin discloses the method according to claim 12, wherein the at least one medical device is a Bluetooth enabled thermometer and the health data includes temperature readings from the thermometer. ([0134-0135] bandage 120 comprises sensors adapted to detect body temperature)
Regarding claim 14, Temkin discloses the method according to claim 12, wherein the at least one medical device is a Bluetooth enabled blood pressure monitor and the health data includes blood pressure readings from the blood pressure monitor. ([0134-0135] bandage 120 comprises sensors adapted to detect physiological parameters; see [0196] and Table 1: blood pressure, [0240: last sentence] blood pressure)
Regarding claim 15, Temkin discloses the method according to claim 12, wherein the at least one medical device is a Bluetooth enabled pill box and the health data includes a pill dispensed from the pill box. (see [0080, 0195] medication administration events, [0203] and Table 5 regarding medication dispensed, dispensed value and dispensed unit; these are all taken to encompass “a pill dispensed from the pill box” in this claim)
Regarding claim 17, Temkin discloses the method according to claim 12, wherein the at least one medical device is a Bluetooth enabled blood glucose device and the health data includes blood glucose readings from the blood glucose device. ([0134-0135] bandage 120 comprises sensors adapted to detect physiological parameters; see [0240: last sentence] sugar levels)
Regarding claim 18, Temkin discloses the method according to claim 12, wherein the at least one medical device is a Bluetooth enabled heart monitoring device and the health data includes heart readings from the heart monitoring device. ([0134-0135] bandage 120 comprises sensors adapted to detect heart rate.)
Regarding claim 19, Temkin discloses the method according to claim 12, wherein the at least one medical device is a Bluetooth enabled smart bandage and the health data includes wound condition data generated by the smart bandage. ([0062] smart bandage device 120, thus the “bandage” feature is taught inherently, [0130] discloses detecting sensor data from the bandage, this is sufficient to meet the intended use “health data includes wound condition” in this claim)
Regarding claim 23, Temkin discloses the method according to claim 12, comprising importing the health data into an Electronic Medical Record/EMR system. (server 150 and/or 185 are hospital based medical records database, this is taken to encompass “EMR system” in the claim; see [0091] and [0240] which discusses medical record tracking)
Regarding claim 24, Temkin discloses the method according to claim 12, comprising monitoring a plurality of patients wherein each patient has an associated at least one medical device, and each patient has an associated unique Bluetooth MAC address. (see [0089-0090, 0240] system 100 taught in Temkin is adapted to be used by plurality of patients in a hospital, see rejection to claims 11 and 12 regarding Bluetooth MAC address)
Regarding claim 25, Temkin discloses the method according to claim 24, wherein the patients are monitored in a nursing home. (see [0089-0090, 0240] system 100 taught in Temkin is adapted to be used by plurality of patients in a medical facility, this is taken to encompass “nursing home” in this claim, also see rejection to claims 11 and 12 regarding Bluetooth MAC address)
Regarding claim 28, Temkin discloses the method according to claim 12, comprising monitoring a plurality of soldiers wherein each soldier has an associated at least one medical device, and each soldier has an associated unique Bluetooth MAC address. (see [0089-0090, 0240] system 100 taught in Temkin is adapted to be used by plurality of soldiers in a battlefield and/pr a remote operation, also see rejection to claims 11 and 12 regarding Bluetooth MAC address)
Regarding claim 29, Temkin discloses the method according to claim 28, wherein the at least one medical device detects a gunshot in a soldier. ([0267] testing for the presence of blood or gun shot residue, this is taken to encompass “detects a gunshot in a soldier” in this claim).
Claim 1 is rejected by Temkin under the same rationale as discussed to claim 11 above.
As for claims 2-5 and 7-9, these claims are rejected by Temkin under the same rationale as discussed to claims 12-15 and 17-19 immediately above.
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.
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Temkin as applied to claims 2 and 12 above, and further in view of Pal US 2015/0039327 A1.
Regarding claim 16, Temkin discloses the method according to claim 12, wherein the Bluetooth enabled bandage sensor 120 is adapted to detected a plurality of physiological parameters (see rejection to claim 12, and also see [0030-0031]), but does not disclose wherein the least one device is urinalysis device and the health data includes urinalysis readings from the urinalysis device.
Pal, a prior art reference in the field of remote health monitoring systems of clinical trial participants, discloses a system comprising providing a telemetric medical device for monitoring a health and with onboard communications capabilities for transmitting information wirelessly to a cloud-based server ([0083]). Pal provides that the medical device is a digital blood pressure instrument, glucometer, EKG, digital thermometer, blood analyzer or urine analyzer (see Claims 14-17). Accordingly, it would have been obvious to a person of ordinary skill in the art at the time of invention to modify Temkin to further include a urine analyzer in view of Pal; the motivation is to provide urine analysis provide s comprehensive health benefit insights.
Claim 6 is rejected by Temkin in view of Pal under the same rationale as discussed to claim 16 immediately above.
Claims 7 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Temkin as applied to claims 2 and 12 above, and further in view of Teller et al. US 2006/0122474 (hereinafter “Teller”).
Regarding claim 22, Temkin disclose the method according to claim 12, including a plurality of Bluetooth enabled sensors, but does not disclose wherein the at least one medical device is a Bluetooth enabled blood glucose device and the health data includes blood glucose readings from the blood glucose device, and tracking in real time the blood glucose level, determining a level of blood glucose, and dispensing insulin to reduce the level of blood glucose on the patient.
Teller, a prior art reference in the analogous field of Bluetooth enabled network system and devices (Abstract and [0109: last sentence] Bluetooth), discloses a server in communication with a wearable medical sensor adapted to monitor a plurality of different physiological parameters (see Fig. 1 and [0019]). Teller discloses the device comprises the wearable medical sensor adapted for detecting blood glucose ([0044: 1st sentence]), and the system performs real time analysis on the detect glucose for administering insulin ([0111]) when necessary. It would have been obvious to a person of ordinary skill in the art at the time of invention to further modify Temkin to include the glucose sensor and networked insulin dispenser, in view of Teller; the motivation for doing so is to form a local and remote network monitoring system and method for ambulatory/telemetry care of a patient (Teller: [0002-0003])
Claim 7 is rejected by Temkin in view of under the same rationale as discussed to claim 22 immediately above.
Claims 26 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Temkin as applied to claim 12 above, and further in view of Jakobsson et al. US 2020/0394332 A1.
Regarding claims 26 and 27, Temkin discloses the method according to claim 24 which is adapted for monitoring patient remotely, and in a temporary medical facility (see Fig. 1 and [0003, 0089-0090]), but does not disclose wherein the patients are monitored in a doctor's office through while masking the patients identity, and/or wherein the patients are monitored remotely while masking the patient’s identity.
However, Jakobsson, another prior art reference in the analogous art of IOT (internet of things) associated with individual user and a network server (see Abstract and Figs. 1-3); Jakobsson teaches a network system that provides anonymity, by using pseudonyms that are unique to individual users and/or connected sensor/device associated with said user ([0267, 0307, 0748]). It would have been obvious to a person of ordinary skill in the art at the time to modify Temkin’s communication system to provide the anonymity by using pseudonyms in view of Jakobsson; the motivation for doing so is to promote privacy and to protect end user’s identity when communicating sensitive personal health information (Jakobsson: [0267]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
McDermott-Wells, Patricia. "What is bluetooth?." IEEE potentials 23.5 (2005): 33-35.
Garg, Umang, et al. "MAC and logical addressing (A Review Study)." Int. J. Eng. Res. Appl.(IJERA) 2 (2012).
< https:// en.wikipedia.org/wiki/MAC_address > accessed on 09/28/2026
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 SHIRLEY X JIAN whose telephone number is (571)270-7374. The examiner can normally be reached M-F 8:00-4:00.
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/SHIRLEY X JIAN/ Primary Examiner, Art Unit 3792
September 28, 2026
