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 .
Amendment Entered
In response to the amendment filed on January 2nd, 2026, amended claims 1, 3-11, and new claims 12-13 are entered. Claim 2 is canceled. Claims 1 and 3-13 are currently under examination.
Response to Arguments
Applicant's remarks and amendments with respect to the claim interpretations under 35 U.S.C. 112(f) have been considered. Although majority of the claim interpretations have been withdrawn in view of the amendment, not all of the claim interpretations have been addressed.
At Pg. 7 of the Reply, Applicant argues that “the claims are amended to recite sufficient structure for performing the alleged claimed functions”. Examiner would like to note that Claim 1 still recites “acquisition unit”, while Claim 11 still recites “acquisition unit” and “evaluation unit”; therefore, those claim interpretations have been maintained.
Applicant's remarks and amendments with respect to the rejections under 35 U.S.C. 112(b) have been fully considered. The rejections are withdrawn in view of the amendment.
Applicant's arguments, filed on January 2nd, 2026, with respect to the rejections under 35 U.S.C. 101 have been fully considered but they are not persuasive. The rejections are maintained, and further clarified, in view of the amendment.
At Pgs. 7-8 of the Reply, Applicant argues that “claim 1 now requires that the health evaluation system includes, among other features, a first GNSS (Global Navigation Satellite System) sensor, a moving body including a second GNSS sensor. Claim 1 is further amended to recite a processor that operates based, in part, on a distance between a target person and the moving body using the first GNSS sensor. By reciting these additional features, the claims are considered to clearly integrate the alleged abstract into a practical application and, as such, to be directed to subject matter that eligible for patenting under § 101”. Examiner respectfully disagrees.
The addition of the “GNSS (Global Navigation Satellite System) sensors” does not add a meaningful limitation to the method as it is merely data-gathering, which is categorized as insignificant extra-solution activity. “As explained by the Supreme Court, the addition of insignificant extra-solution activity does not amount to an inventive concept, particularly when the activity is well-understood or conventional. Parker v. Flook, 437 U.S. 584, 588-89, 198 USPQ 193, 196 (1978)” MPEP 2106.05(g). With or without the claimed abstract idea, the GNSS sensor gathers data the same.
The amendment fails to integrate the abstract idea into a practical application because the additional elements do not constitute a particular machine (i.e., they are recited at a high level of generality), nor are they integral to the process claimed. The step of “acquir[ing] a blood pressure value” is simply data gathering which is extra-solution activity and does not add significantly more to the abstract ideas identified, as it merely specifies the nature of the data which is exploited in the evaluation steps encompassing a mental process. See MPEP 2106.05(g). Additionally, the limitations related to the bio-signal measurement merely generally link to a particular technical environment. See MPEP 2106.05(h). Each of the additional elements claimed, considered alone and in combination, do no more than generally link the use of the judicial exceptions identified to a particular technological environment or field of use.
Furthermore, the Examiner would like to emphasize that although the Applicant has amended the independent claims to recite “a moving body including a second GNSS sensor”, there is no further recitation of the “second GNSS sensor” or any of its functionalities to tie it to the rest of the claim limitaitons. Additionally, although the Applicant has amended independent claim 1 to recite “a first GNSS (Global Navigation Satellite System) sensor” and “wherein the processor is further configured to: determine whether the target person carrying a mobile terminal including the first GNSS sensor enters a predetermined distance range from the moving body”, there are no specific limitations regarding the first GNSS sensor, other than that it is included in the mobile terminal. Therefore, the addition of the “GNSS (Global Navigation Satellite System) sensors” simply implements the claimed functions with well-understood, routine and conventional activity specified at a high level of generality in a particular technological environment. As such, there is no inventive concept sufficient to transform the claimed subject matter into a patent-eligible application.
In consideration of each of the relevant factors and the claim elements individually and in combination, the claims are directed to abstract ideas without sufficient integration into a practical application and without significantly more.
Applicant's remarks and amendments with respect to the rejections under 35 U.S.C. 103 have been considered but are not fully persuasive. Although a new grounds of rejection is made in view of the amendment, Examiner respectfully disagrees with the Applicant’s arguments regarding the previously cited prior art.
At Pgs. 8-9 of the Reply, Applicant argues that “the cited art does not teach or suggest all feature of claim 1 and consequently does not support a prima facie case of obviousness with respect to claim 1”. Examiner respectfully disagrees. Although a new reference has been introduced for the newly added limitations regarding the “GNSS sensor(s)”, Yoshino and Pal teach the limitations of “evaluat[ing] the health condition of the target person based on the standing-state blood pressure value; and a seated-state blood pressure value that is the blood pressure value of the target person measured after boarding the moving body and seated on a seat”. Yoshino teaches wherein the processor is configured to: evaluate the health condition of the target person based on a seated-state blood pressure value that is the blood pressure value of the target person measured after boarding the moving body and seated on a seat (When the driver P opens the door on the driver's seat 2 side, gets into the vehicle 1 and closes the door, the microcomputer 6 determines “YES” in the determination step S1 and goes to the next processing step S2…the microcomputer 18 determines “YES” in the determination step T1 and enters the processing step T2, and gives measurement start signals to the blood pressure sensor 23 and the pulse sensor 24 to start measurement of the blood pressure and pulse of the driver P. When the blood pressure sensor 23 and the pulse sensor 24 detect the blood pressure and pulse of the driver P, the blood pressure sensor 23 and the pulse sensor 24 give the detected information to the microcomputer 18 as biological information; Page 2 Paragraphs 11-12; When the engine 15 is started and any one of the measured blood pressure and pulse is abnormal above the threshold value…the alarm device 16 indicates that there is a possibility of sudden illness…when there is a possibility of sudden illness while the driver P is driving, it is possible to make the driving of the vehicle 1 impossible, and to prevent as much as possible the situation where the driver P becomes suddenly ill while driving; Page 3 Paragraph 10), and Pal teaches wherein the processor is configured to: acquire, as a standing-state blood pressure value that is the blood pressure value measured when the target person is heading toward the moving body in a standing state, the blood pressure value acquired when the target person enters the predetermined distance range from the moving body (The about-to-drive mode 212 may correspond to a condition or a situation when a vehicle user, such as the first user 128, is in a vicinity (such as a first proximity range), of the vehicle 106. The about-to-drive mode 212 may be activated just before the start of drive when the vehicle user wants to drive the vehicle 106. In the about-to-drive mode 212, the device 102 may receive vital health data from the one or more wearable devices 104, and use the received vital health data for user authentication purposes; [0050]; Examples of the one or more wearable devices 104 may include, but are not limited to…a biocompatible sensor (that may be attached, worn, or implanted into to a human body to predict ovulation cycle, monitor health parameters, such as heart rate, pulse oximetry, respiratory rate, and/or blood pressure); [0029]; Examples of the vital health data may include, but are not limited to…blood pressure; [0061]; Examiner’s Note: As noted above, the about-to-drive mode 212 may correspond to a condition or a situation when a vehicle user is in a vicinity of the vehicle; therefore, the situation would require the target person to be heading toward the vehicle in a standing state at least for a moment before entering the vehicle); and evaluate the health condition of the target person based on the standing-state blood pressure (the device 102 may perform different functions in different operating modes, based on the first set of input values (such as vital health data of the first user 128) received from the one or more wearable devices 104…the same vital health data of the first user 128 may be used to monitor the heath of the first user 128 in other determined modes; [0042]; the functional modules 208 may be implemented as one or more module stacks, such as a health module stack…a fit-to-drive module stack…the health module stack may be used by the device 102 to receive and process vital heath data from the one or more wearable devices 104…the fit-to-drive module stack may be used by the device 102 to receive and process both the first set of input values…the device 102 may determine a fit-to-drive condition of both the vehicle user, such as the first user 128…by use of the fit-to-drive module stack; [0047]; In the user-critical health mode 220, the device 102 may receive vital health data from the one or more wearable devices 104, worn by the first user 128…the user-critical health mode 220 may correspond to a condition or a situation when the received vital health data of the first user 128 indicates a critical medical condition of the first user 128. The received vital health data may comprise a set of medical values (sensor readings) that may be compared with health thresholds or one or more safety limits preset by a healthcare professional, such as a doctor, a paramedic, and/or the caregiver 132; [0054]; the first set of input values may comprise vital health data of the first user 128. Examples of the vital health data may include, but are not limited to, electrocardiogram (ECG), heart rate, respiratory rate, blood oxygen level (such as peripheral capillary oxygen saturation (SPO2)), blood pressure, and/or body temperature of the first user 128; [0061]; the processor 222 may be configured to detect the alcohol level associated with the first user 128 with respect to a preset safety limit. Such determination is used by the processor 222, to decide whether a user, such as the first user 128, is fit or unfit to drive the vehicle 106. When the determined alcohol level is greater than the preset safety limit (such as an intoxication level), and when the determined operating mode is the about-to-drive mode 212, the processor 222 may send a control command to the body control module of the vehicle 106 to prohibit the door of the vehicle 106 to be opened. The command may be sent by the device 102 to restrict entry of the first user 128 into the vehicle 106; [0070]); and the seated-state blood pressure value (the monitoring of the health of the first user 128 may also performed in the outside driving mode 214, based on the vital health data received from the one or more wearable devices 104. The processor 222 may be configured to detect an abnormal medical condition of the first user 128, based on vital health data received from the one or more wearable devices 104 or a portable electronic device associated with the first user 128. The processor 222 may be configured to determine a severity level of the detected abnormal medical condition based a predetermined health threshold associated with first user 128. The severity level of the detected abnormal medical condition may also be determined and validated by use of the preset medical safety limits at the device 102; [0077]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the detection teachings of Pal into those of Yoshino in order to determine that the user is in a fit-to-drive condition and/or monitor the patient in case of abnormal medical conditions or critical situations even when driving (Pal [0047], [0054], [0077], and [0106]).
At Pgs. 9-10 of the Reply, Applicant argues that the Pal reference only teaches wherein “the vital health data is used for authentication purposes…even if Pal can be considered to teach the measurement of a standing-state blood pressure value, it does not teach such measurement in the aim of evaluating the health condition of the vehicle user, but only for authentication”. Examiner respectfully disagrees. [0042] of Pal recites “For example, vital health data of the first user 128 may be used to perform authentication of the first user 128”, which recites an exemplary case wherein the vital health “may be used” to perform authentication. This type of language does not imply that it can only be used for authentication, as argued by the Applicant. Furthermore, [0042] of Pal also recites “the device 102 may perform different functions in different operating modes, based on the first set of input values (such as vital health data of the first user 128) received from the one or more wearable devices 104…the same vital health data of the first user 128 may be used to monitor the heath of the first user 128 in other determined modes”, which teaches that the vital health data can be used to monitor the user’s health in multiple modes.
To provide further examples, see [0054] and [0070] of Pal. [0054] of Pal recites “[i]n the user-critical health mode 220, the device 102 may receive vital health data from the one or more wearable devices 104, worn by the first user 128…the user-critical health mode 220 may correspond to a condition or a situation when the received vital health data of the first user 128 indicates a critical medical condition of the first user 128. The received vital health data may comprise a set of medical values (sensor readings) that may be compared with health thresholds or one or more safety limits preset by a healthcare professional, such as a doctor, a paramedic, and/or the caregiver 132”. In this case, the “the user-critical health mode” is being used to evaluate the condition of the user using vital health data (which may include blood pressure) to evaluate the health condition of the user in a critical situation. Furthermore, this mode is triggered based on comparisons made between received sensor data and previously set thresholds. Therefore, this “mode” can be switched on regardless of whatever the previous “mode” was, which could include both “outside driving mode” and/or “about-to-drive mode” (see also [0078] of Pal). Additionally, [0070] of Pal recites wherein “the processor 222 may be configured to detect the alcohol level associated with the first user 128 with respect to a preset safety limit. Such determination is used by the processor 222, to decide whether a user, such as the first user 128, is fit or unfit to drive the vehicle 106. When the determined alcohol level is greater than the preset safety limit (such as an intoxication level), and when the determined operating mode is the about-to-drive mode 212, the processor 222 may send a control command to the body control module of the vehicle 106 to prohibit the door of the vehicle 106 to be opened. The command may be sent by the device 102 to restrict entry of the first user 128 into the vehicle 106”. In this case, the “about-to-drive mode” is not being used for authentication purposes as argued by the Applicant. Rather, the “about-to-drive” mode is being used to evaluate the condition of the user using vital health data (which in this exemplary case is blood alcohol, but vital health data may include other parameters such as blood pressure) to determine whether the user is fit or unfit to drive the vehicle. Furthermore, this mode can send a command to prohibit the door of the vehicle from even being opened, which means that these steps are completed when the user is standing outside of the vehicle, as that must occur before the user is able to board and be seated inside.
Claim Objection
Claim 11 is objected to because of the following informality:
Claim 11 recites “functions as” in line 4, but should read “function as”
Appropriate correction is required.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“acquisition unit” in Claims 1 and 11: [0025] of the Applicant’s Specification and Figure 3 of the Applicant’s Drawings show the first processor 20 including the “acquisition unit”
“evaluation unit” in Claim 11: [0025] of the Applicant’s Specification and Figure 3 of the Applicant’s Drawings show that the first processor 20 includes the “evaluation unit”
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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, 3-9, and 12-13 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.
Claim 1 recites the limitation "the acquisition unit" in lines 9-10. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites a “wearable terminal” in lines 4, 5, and 6. It is unclear as to whether this limitation is referring to the “mobile terminal” previously introduced in claim 1, or a separate element.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 and 3-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Each of Claims 1 and 3-13 has been analyzed to determine whether it is directed to any judicial exceptions.
Step 1
Claims 1, 3-9, and 11-13 recite a health evaluation system or a non-transitory computer-readable storage medium storing a health evaluation program, which are both directed to a machine.
Claim 10 recites a series of steps or acts for a health evaluation method, which is directed to a process. Thus, the claims are directed to a machine and a process, which each fall under the statutory categories of invention.
Step 2A, Prong 1
Each of Claims 1 and 3-13 recites at least one step or instruction for evaluating a health condition of the target person based on the blood pressure values of the target person, which is grouped as a mental process under the 2019 PEG. The claimed steps of evaluating can be practically performed in the human mind using mental steps or basic critical thinking, which are types of activities that have been found by the courts to represent abstract ideas.
Specifically, Claim 1 recites the abstract idea of:
evaluate a health condition of the target person based on the blood pressure value of the target person acquired by the acquisition unit…evaluate the health condition of the target person based on: the standing-state blood pressure value; and a seated-state blood pressure value the blood pressure value of the target person measured after boarding the moving body and seated on a seat.
Specifically, Claim 10 recites the abstract idea of:
an evaluation step of evaluating a health condition of the target person based on the blood pressure value of the target person acquired in the acquisition step…the evaluation step evaluates the health condition of the target person based on: the standing-state blood pressure value; and a seated-state blood pressure value that is the blood pressure value of the target person measured after boarding the moving body and seated on a seat.
Specifically, Claim 11 recites the abstract idea of:
an evaluation unit that evaluates a health condition of the target person based on the blood pressure value of the target person acquired by the acquisition unit…the evaluation unit evaluates the health condition of the target person based on: the standing-state; and a seated-state blood pressure value that is the blood pressure value of the target person measured after boarding the moving body and seated on a seat.
The steps of acquiring and determining are considered to be pre-solution activity, as they are utilized for gathering data in order to perform the abstract idea. Further, dependent Claims 3-9 and 12-13 merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than generally linking the use of the abstract idea to a particular technological environment or field of use because they’re merely incidental or token additions to the claims that do not alter or affect how the process steps are performed.
Accordingly, as indicated above, each of the above-identified claims recites an abstract idea.
Step 2A, Prong 2
The above-identified abstract idea in each of independent Claims 1, 10, and 11 (and the dependent claims) is not integrated into a practical application under 2019 PEG because the additional elements, either alone or in combination, generally link the use of the above-identified abstract idea to a particular technological environment or field of use. More specifically, the additional elements of: “first GNSS (Global Navigation Satellite System) sensor”, “moving body”, “second GNSS (Global Navigation Satellite System) sensor”, “processor”, “mobile terminal”, “seat”, “external server”, “inside camera”, “outside camera”, “wearable terminal” (which includes a “blood pressure sensor” or “pulse wave sensor”), and “acceleration sensor” in Claims 1, 3-9, and 12-13; “computer”, “mobile terminal”, “first GNSS (Global Navigation Satellite System) sensor”, “moving body”, “second GNSS (Global Navigation Satellite System) sensor”, and “seat” in Claim 10; “non-transitory computer-readable storage medium”, “computer”, “acquisition unit”, “evaluation unit”, “mobile terminal”, “first GNSS (Global Navigation Satellite System) sensor”, “moving body”, “second GNSS (Global Navigation Satellite System) sensor”, and “seat” in Claim 11 are generically recited computer elements and/or data-gathering elements in independent Claims 1, 10, and 11 (and the dependent claims) which do not improve the functioning of a computer, or any other technology or technical field. Nor do these above-identified additional elements serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. Furthermore, the above-identified additional elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer. For at least these reasons, the abstract idea identified above in independent Claims 1, 10, and 11 (and the dependent claims) is not integrated into a practical application under 2019 PEG.
Moreover, the above-identified abstract idea is not integrated into a practical application under 2019 PEG because the claimed method and system merely implements the above-identified abstract idea (e.g., mental process) using rules (e.g., computer instructions) executed by a computer (e.g., “computer” or “processor” as claimed). In other words, these claims are merely directed to an abstract idea with additional generic computer elements which do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer. Additionally, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims. That is, like Affinity Labs of Tex. v. DirecTV, LLC, the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution. Thus, for these additional reasons, the abstract idea identified above in independent Claims 1, 10, and 11 (and their respective dependent claims) is not integrated into a practical application under the 2019 PEG.
Accordingly, independent Claims 1, 10, and 11 (and the dependent claims) are each directed to an abstract idea under 2019 PEG.
Step 2B
None of Claims 1 and 3-13 include additional elements that are sufficient to amount to significantly more than the abstract idea for at least the following reasons.
These claims require the additional elements of: “first GNSS (Global Navigation Satellite System) sensor”, “moving body”, “second GNSS (Global Navigation Satellite System) sensor”, “processor”, “mobile terminal”, “seat”, “external server”, “inside camera”, “outside camera”, “wearable terminal” (which includes a “blood pressure sensor” or “pulse wave sensor”), and “acceleration sensor” in Claims 1, 3-9, and 12-13; “computer”, “mobile terminal”, “first GNSS (Global Navigation Satellite System) sensor”, “moving body”, “second GNSS (Global Navigation Satellite System) sensor”, and “seat” in Claim 10; “non-transitory computer-readable storage medium”, “computer”, “acquisition unit”, “evaluation unit”, “mobile terminal”, “first GNSS (Global Navigation Satellite System) sensor”, “moving body”, “second GNSS (Global Navigation Satellite System) sensor”, and “seat” in Claim 11.
The above-identified additional elements are generically claimed computer components which enable the above-identified abstract idea(s) to be conducted by performing the basic functions of automating mental tasks and/or data-gathering elements which are categorized as insignificant extra-solution activity. The courts have recognized such computer functions as well understood, routine, and conventional functions when claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity. See, Versata Dev. Group, Inc. v. SAP Am., Inc. , 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); and OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93.
Those in the relevant field of art would recognize the above-identified additional elements as being well-understood, routine, and conventional means for data-gathering and computing, as demonstrated by
Applicant’s specification (e.g. paragraphs [0010]-[0026]]) which discloses that the processor(s) comprise generic computer components that are configured to perform the generic computer functions (e.g. evaluating) and data-gathering (e.g. acquiring and determining) that are well-understood, routine, and conventional activities previously known to the pertinent industry; Applicant’s Background in the specification; and the non-patent literature of record in the application.
Taylor, Jr. (U.S. Patent No. 6,160,481) teaches the “use of Global Positioning Satellites (G.P.S.), as conventionally known in the art, for determining a locational position of the respective portable monitoring device. Selection of this method of determining locational position is due to the wide coverage area and the accuracy afford by such usage. Numerous other methods, all conventionally known in the art, are adaptable for usage with the present invention” ([0067] of Taylor, Jr.)
Feuerstein (U.S. Publication No. 2021/0145323) teaches wherein “the network may include a conventional ‘fitness tracker’ or other ‘wearable device’ 40 that may gather physiological data, such as GPS-type (latitudinal/longitudinal) positional location of the device, heart-rate, blood oximetry, body temperature, electroencephalogram, etc., and communicate that data to a conventional Wearables Data System 140, as known in the art. These systems may be existing or otherwise generally conventional systems including conventional software and web server or other hardware and software for communicating via the communications network 50. Consistent with the present invention, these systems may be configured, in conventional fashion, to communicate/transfer data via the communications network 50 with the Behavior Monitoring System 200 in accordance with and for the purposes of the present invention, as discussed in greater detail below” ([0029] of Feuerstein)
Accordingly, in light of Applicant’s specification, the claimed terms “processor”, “computer”, “acquisition unit”, “evaluation unit” are reasonably construed as a generic computing device. Like SAP America vs Investpic, LLC (Federal Circuit 2018), it is clear, from the claims themselves and the specification, that these limitations require no improved computer resources, just already available computers, with their already available basic functions, to use as tools in executing the claimed process.
Furthermore, Applicant’s specification does not describe any special programming or algorithms required for the “processor”, “computer”, “acquisition unit”, “evaluation unit”. This lack of disclosure is acceptable under 35 U.S.C. §112(a) since this hardware performs non-specialized functions known by those of ordinary skill in the computer arts. By omitting any specialized programming or algorithms, Applicant's specification essentially admits that this hardware is conventional and performs well understood, routine and conventional activities in the computer industry or arts. In other words, Applicant’s specification demonstrates the well-understood, routine, conventional nature of the above-identified additional elements because it describes these additional elements in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. § 112(a) (see Berkheimer memo from April 19, 2018, (III)(A)(1) on page 3). Adding hardware that performs “‘well understood, routine, conventional activit[ies]’ previously known to the industry” will not make claims patent-eligible (TLI Communications).
The recitation of the above-identified additional limitations in Claims 1 and 3-13 amounts to mere instructions to implement the abstract idea on a computer. Simply using a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); and TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Moreover, implementing an abstract idea on a generic computer, does not add significantly more, similar to how the recitation of the computer in the claim in Alice amounted to mere instructions to apply the abstract idea of intermediated settlement on a generic computer.
A claim that purports to improve computer capabilities or to improve an existing technology may provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); and Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). However, a technical explanation as to how to implement the invention should be present in the specification for any assertion that the invention improves upon conventional functioning of a computer, or upon conventional technology or technological processes. That is, the disclosure must provide sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement. Here, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims. Instead, as in Affinity Labs of Tex. v. DirecTV, LLC 838 F.3d 1253, 1263-64, 120 USPQ2d 1201, 1207-08 (Fed. Cir. 2016), the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution.
For at least the above reasons, the system, method, and storage medium of Claims 1 and 3-13 are directed to applying an abstract idea as identified above on a general purpose computer without (i) improving the performance of the computer itself, or (ii) providing a technical solution to a problem in a technical field. None of Claims 1 and 3-13 provides meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that these claims amount to significantly more than the abstract idea itself.
Taking the additional elements individually and in combination, the additional elements do not provide significantly more. Specifically, when viewed individually, the above-identified additional elements in independent Claims 1, 10, and 11 (and the dependent claims) do not add significantly more because they are simply an attempt to limit the abstract idea to a particular technological environment. That is, neither the general computer elements nor any other additional element adds meaningful limitations to the abstract idea because these additional elements represent insignificant extra-solution activity. When viewed as a combination, these above-identified additional elements simply implement the claimed functions with well-understood, routine and conventional activity specified at a high level of generality in a particular technological environment. As such, there is no inventive concept sufficient to transform the claimed subject matter into a patent-eligible application. When viewed as whole, the above-identified additional elements do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amount to significantly more than the abstract idea itself. Thus, Claims 1 and 3-13 merely apply an abstract idea to a computer and do not (i) improve the performance of the computer itself (as in Bascom and Enfish), or (ii) provide a technical solution to a problem in a technical field (as in DDR).
Therefore, none of the Claims 1 and 3-13 amounts to significantly more than the abstract idea itself. Accordingly, Claims 1 and 3-13 are not patent eligible and rejected under 35 U.S.C. 101.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1, 3-8, 10-11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshino et al (JP 2008036354; the machine translation, provided herewith, is referred to below; previously cited) in view of Pal et al (U.S. Publication No. 2017/0242428A1; previously cited) and Manzella (U.S. Patent No. 10,127,737 B1).
Regarding Claim 1, Yoshino discloses a health evaluation system (Biological information communication system of vehicle; Abstract) comprising:
a moving body (vehicle 1); and
a processor (microcomputer 18), wherein the processor is configured to:
acquire a blood pressure value of a target person (The blood pressure sensor 23, which is a biological sensor…blood pressure sensor 23 has input and output terminals connected to the output and input terminals of the microcomputer 18. When a measurement start command is given from the microcomputer 18, the blood pressure sensor 23 starts to measure blood pressure and sends the measurement information to the micro This is given to the computer 18; Page 2 Paragraph 8); and
evaluate a health condition of the target person based on the blood pressure value of the target person acquired by the acquisition unit (the microcomputer 18 determines whether the measured blood pressure information and pulse information are normal (OK) or abnormal (NG); Page 3 Paragraph 1),
wherein the processor is further configured to: evaluate the health condition of the target person based on a seated-state blood pressure value that is the blood pressure value of the target person measured after boarding the moving body and seated on a seat (When the driver P opens the door on the driver's seat 2 side, gets into the vehicle 1 and closes the door, the microcomputer 6 determines “YES” in the determination step S1 and goes to the next processing step S2…the microcomputer 18 determines “YES” in the determination step T1 and enters the processing step T2, and gives measurement start signals to the blood pressure sensor 23 and the pulse sensor 24 to start measurement of the blood pressure and pulse of the driver P. When the blood pressure sensor 23 and the pulse sensor 24 detect the blood pressure and pulse of the driver P, the blood pressure sensor 23 and the pulse sensor 24 give the detected information to the microcomputer 18 as biological information; Page 2 Paragraphs 11-12; When the engine 15 is started and any one of the measured blood pressure and pulse is abnormal above the threshold value…the alarm device 16 indicates that there is a possibility of sudden illness…when there is a possibility of sudden illness while the driver P is driving, it is possible to make the driving of the vehicle 1 impossible, and to prevent as much as possible the situation where the driver P becomes suddenly ill while driving; Page 3 Paragraph 10).
Yoshino fails to teach wherein the moving body includes a GNSS (Global Navigation Satellite System) sensor; and wherein the processor is further configured to: determine whether the target person carrying a mobile terminal enters a predetermined distance range from the moving body; acquire, as a standing-state blood pressure value that is the blood pressure value measured when the target person is heading toward the moving body in a standing state, the blood pressure value acquired when the target person enters the predetermined distance range from the moving body; and evaluate the health condition of the target person based on: the standing-state blood pressure.
In a similar technical field, Pal teaches a device and method to manage interaction with one or more control circuits in a vehicle and one or more wearable devices (Abstract), wherein the moving body includes a GNSS (Global Navigation Satellite System) sensor (The sensing system 308 may comprise one or more vehicle sensors provided in the vehicle 106…examples of the one or more vehicle sensors of the sensing system 308 may include…a global positioning system (GPS)…the one or more vehicle sensors of the sensing system 308 may be configured to detect a motion status, a direction of travel, location information, a steering angle, a yaw rate, a speed, and/or a rate-of-change of speed of the vehicle 106; [0093]); and
wherein the processor is further configured to: determine whether the target person carrying a mobile terminal enters a predetermined distance range from the moving body (The about-to-drive mode 212 may correspond to a condition or a situation when a vehicle user, such as the first user 128, is in a vicinity (such as a first proximity range), of the vehicle 106…in the about-to-drive mode 212, the device 102 may receive vital health data from the one or more wearable devices 104; [0050]);
acquire, as a standing-state blood pressure value that is the blood pressure value measured when the target person is heading toward the moving body in a standing state, the blood pressure value acquired when the target person enters the predetermined distance range from the moving body (The about-to-drive mode 212 may correspond to a condition or a situation when a vehicle user, such as the first user 128, is in a vicinity (such as a first proximity range), of the vehicle 106. The about-to-drive mode 212 may be activated just before the start of drive when the vehicle user wants to drive the vehicle 106. In the about-to-drive mode 212, the device 102 may receive vital health data from the one or more wearable devices 104, and use the received vital health data for user authentication purposes; [0050]; Examples of the one or more wearable devices 104 may include, but are not limited to…a biocompatible sensor (that may be attached, worn, or implanted into to a human body to predict ovulation cycle, monitor health parameters, such as heart rate, pulse oximetry, respiratory rate, and/or blood pressure); [0029]; Examples of the vital health data may include, but are not limited to…blood pressure; [0061]; Examiner’s Note: As noted above, the about-to-drive mode 212 may correspond to a condition or a situation when a vehicle user is in a vicinity of the vehicle; therefore, the situation would require the target person to be heading toward the vehicle in a standing state at least for a moment before entering the vehicle); and
evaluate the health condition of the target person based on the standing-state blood pressure (the device 102 may perform different functions in different operating modes, based on the first set of input values (such as vital health data of the first user 128) received from the one or more wearable devices 104…the same vital health data of the first user 128 may be used to monitor the heath of the first user 128 in other determined modes; [0042]; the functional modules 208 may be implemented as one or more module stacks, such as a health module stack…a fit-to-drive module stack…the health module stack may be used by the device 102 to receive and process vital heath data from the one or more wearable devices 104…the fit-to-drive module stack may be used by the device 102 to receive and process both the first set of input values…the device 102 may determine a fit-to-drive condition of both the vehicle user, such as the first user 128…by use of the fit-to-drive module stack; [0047]; In the user-critical health mode 220, the device 102 may receive vital health data from the one or more wearable devices 104, worn by the first user 128…the user-critical health mode 220 may correspond to a condition or a situation when the received vital health data of the first user 128 indicates a critical medical condition of the first user 128. The received vital health data may comprise a set of medical values (sensor readings) that may be compared with health thresholds or one or more safety limits preset by a healthcare professional, such as a doctor, a paramedic, and/or the caregiver 132; [0054]; the first set of input values may comprise vital health data of the first user 128. Examples of the vital health data may include, but are not limited to, electrocardiogram (ECG), heart rate, respiratory rate, blood oxygen level (such as peripheral capillary oxygen saturation (SPO2)), blood pressure, and/or body temperature of the first user 128; [0061]; the processor 222 may be configured to detect the alcohol level associated with the first user 128 with respect to a preset safety limit. Such determination is used by the processor 222, to decide whether a user, such as the first user 128, is fit or unfit to drive the vehicle 106. When the determined alcohol level is greater than the preset safety limit (such as an intoxication level), and when the determined operating mode is the about-to-drive mode 212, the processor 222 may send a control command to the body control module of the vehicle 106 to prohibit the door of the vehicle 106 to be opened. The command may be sent by the device 102 to restrict entry of the first user 128 into the vehicle 106; [0070]); and the seated-state blood pressure value (the monitoring of the health of the first user 128 may also performed in the outside driving mode 214, based on the vital health data received from the one or more wearable devices 104. The processor 222 may be configured to detect an abnormal medical condition of the first user 128, based on vital health data received from the one or more wearable devices 104 or a portable electronic device associated with the first user 128. The processor 222 may be configured to determine a severity level of the detected abnormal medical condition based a predetermined health threshold associated with first user 128. The severity level of the detected abnormal medical condition may also be determined and validated by use of the preset medical safety limits at the device 102; [0077]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the detection teachings of Pal into those of Yoshino in order to determine that the user is in a fit-to-drive condition and/or monitor the patient in case of abnormal medical conditions or critical situations even when driving (Pal [0047], [0054], [0077], and [0106]).
Yoshino and Pal fail to teach wherein the mobile terminal includes a first GNSS (Global Navigation Satellite System) sensor.
In a similar technical field, Manzella teaches a communication system and method for using human telematic data to provide a hazard alarm/notification message to a user in a dynamic environment such as during operation of a vehicle (Abstract), wherein the mobile terminal (The system includes a user 110 having at least one user data collection device 128 in communication with the user 110. The user data collection device 128 is configured to measure any variety of user health status measurements such as, without limitation body mass index, blood pressure…suitable exemplary sensing equipment includes wearable devices like Nike's Fuelband™ or a similar activity tracking sensor such as Fitbit™; Column 3 Line 55 – Column 4 Line 1) includes a first GNSS (Global Navigation Satellite System) sensor (The vehicle 102 or user data collection device 128 and/or vehicle data collection device 104 may include an antenna for receiving signals from global navigation satellite system (GNSS) satellites, numbered 1 through n in FIG. 1; Column 4 Lines 49-53).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the GNSS teachings of Manzella into those of Yoshino and Pal in order to accurately calculate the location of the user.
Regarding Claim 3, although Yoshino discloses wherein the processor is configured to take: as the seated-state blood pressure value, the blood pressure value acquired after the target person is seated on the seat of the moving body (When the driver P opens the door on the driver's seat 2 side, gets into the vehicle 1 and closes the door, the microcomputer 6 determines “YES” in the determination step S1 and goes to the next processing step S2…the microcomputer 18 determines “YES” in the determination step T1 and enters the processing step T2, and gives measurement start signals to the blood pressure sensor 23 and the pulse sensor 24 to start measurement of the blood pressure and pulse of the driver P. When the blood pressure sensor 23 and the pulse sensor 24 detect the blood pressure and pulse of the driver P, the blood pressure sensor 23 and the pulse sensor 24 give the detected information to the microcomputer 18 as biological information; Page 2 Paragraphs 11-12), Yoshino fails to disclose wherein the seated-state blood pressure value is acquired after a prescribed time defined in advance has passed after the target person is seated on the seat of the moving body.
Pal teaches wherein the seated-state blood pressure value is acquired after a prescribed time defined in advance has passed after the target person is seated on the seat of the moving body (the device 102 may communicate with the one or more wearable devices 104 at a pre-defined time interval, such as every 20 seconds or every 5 minutes, while the vehicle is in motion; [0147]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the vital health data communication teachings of Pal into those of Yoshino in order to determine that the user remains in a fit-to-drive condition while driving the vehicle (Pal [0047] and [0106]).
Regarding Claim 4, Yoshino discloses wherein the processor is configured to issue a notification based on an evaluation result regarding the health condition of the target person evaluated (when the engine 15 is started and any one of the measured blood pressure and pulse is abnormal above the threshold value, the engine 15 is not started. Instead, the alarm device 16 indicates that there is a possibility of sudden illness; Page 3 Paragraph 10), and
the processor is configured to determine whether to issue the notification, based on the evaluation result regarding the health condition of the target person (The notification device 16 serving as notification means is connected to the output terminal of the microcomputer 6 and performs a notification operation based on a command from the microcomputer 6. In this case, the alarm 15 has a character display function and a sound generation function; Page 2 Paragraph 6).
Regarding Claim 5, Yoshino fails to disclose wherein the processor is configured to transmit positional information regarding a current position of the moving body to an external server of the moving body at prescribed time intervals, the processor is configured to determine whether to transmit the positional information to the server based on the evaluation result regarding the health condition of the target person evaluated, or based on whether the notification is issued.
Pal teaches wherein the processor is configured to transmit positional information regarding a current position of the moving body to an external server of the moving body (The sensing system 308 may comprise one or more vehicle sensors provided in the vehicle 106. The sensing system 308 may be operatively connected to the ECU 302 or the device 102, via the in-vehicle network 126, to provide input signals to the processor 222. One or more network interfaces, such as a CAN interface, may be provided in the sensing system 308, to connect to the in-vehicle network 126. Examples of the one or more vehicle sensors of the sensing system 308 may include, but are not limited to, a radio detection and ranging (RADAR) device, a light detection and ranging (LIDAR) device, an image sensor, a vehicle speed sensor, an odometric sensor, a yaw rate sensor, a speedometer, a global positioning system (GPS), a steering angle detection sensor, a vehicle travel direction detection sensor, a magnometer, a touch sensor, and/or an infrared sensor. The one or more vehicle sensors of the sensing system 308 may be configured to detect a motion status, a direction of travel, location information, a steering angle, a yaw rate, a speed, and/or a rate-of-change of speed of the vehicle 106; [0093]; the received input values may be sent to the cloud server 114 to validate the received data for the user authentication of the first vehicle user 402; [0116]) at prescribed time intervals (the device 102 may be configured to communicate with the wearable devices, such as the ICD 410, at pre-defined time interval; [0123]; the device 102 may communicate with the one or more wearable devices 104 at a pre-defined time interval, such as every 20 seconds or every 5 minutes; [0147]), the processor is configured to determine whether to transmit the positional information to the server based on the evaluation result regarding the health condition of the target person evaluated, or based on whether the notification is issued (when the determined severity level indicates a critical health condition, the processor 222 may be configured to switch the operating mode of the device 102 from the outside driving mode 214 to the user-critical health mode 220. In instances when the determined severity level does not indicate a critical health condition, the processor 222 may be configured to communicate a health alert notification to an electronic device, such as the mobile device 108, associated with the caregiver 132. The health alert notification may be sent together with the current location information of the first user 128; [0078]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the transmission teachings of Pal into those of Yoshino in order to communicate an alert for assistance in critical situations (Pal [0078]).
Regarding Claim 6, Yoshino fails to disclose wherein the processor is configured to acquire the blood pressure value of the target person based on an image of the target person from an inside camera that is provided in the moving body and acquires an image of inside of the moving body.
Pal teaches wherein the processor is configured to acquire the blood pressure value of the target person based on an image of the target person from an inside camera that is provided in the moving body and acquires an image of inside of the moving body (image data or video data captured by sensors of the sensing system 308, such as one or more cameras, millimetre-wave scanner, may also be received. The image data or the video data may include an image of outside environment of the vehicle 106 or an image of driver or passenger of the vehicle 106; [0133]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the camera teachings of Pal into those of Yoshino in order to obtain information such as a result of analysis of the image data or the video data, such as a name of an identified object in the image data or the video data, a feeling of the passenger (Pal [0133]).
Regarding Claim 7, Yoshino fails to disclose wherein the processor is configured to acquire the blood pressure value of the target person based on an image of the target person from an outside camera that is provided in the moving body and acquires an image of surroundings of the moving body.
Pal teaches wherein the processor is configured to acquire the blood pressure value of the target person based on an image of the target person from an outside camera that is provided in the moving body and acquires an image of surroundings of the moving body (image data or video data captured by sensors of the sensing system 308, such as one or more cameras, millimetre-wave scanner, may also be received. The image data or the video data may include an image of outside environment of the vehicle 106 or an image of driver or passenger of the vehicle 106; [0133]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the camera teachings of Pal into those of Yoshino in order to obtain information such as a result of analysis of the image data or the video data, such as a name of an identified object in the image data or the video data, a climate of the outside environment, and a level of an accidental risk of the vehicle considering outside environment (Pal [0133]).
Regarding Claim 8, Yoshino discloses wherein the processor is configured to acquire the blood pressure value of the target person by: receiving a blood pressure value measured by a wearable terminal that is attached to a body of the target person and that includes a blood pressure sensor, from the wearable terminal (The blood pressure sensor 23, which is a biological sensor, includes an air pump, an air chamber, a pressure sensor, a processing circuit, and the like, and measures blood pressure, which is biological information, by applying air pressure to the arm Pa of the driver P…the blood pressure sensor 23 has input and output terminals connected to the output and input terminals of the microcomputer 18. When a measurement start command is given from the microcomputer 18, the blood pressure sensor 23 starts to measure blood pressure and sends the measurement information to the micro This is given to the computer 18; Page 2 Paragraph 8); or receiving biological data measured by the wearable terminal that includes a pulse wave sensor, and calculating the blood pressure value based on the received biological data.
Regarding Claim 10, Yoshino discloses a health evaluation method (Biological information communication system of vehicle; Abstract) executed by a computer, the health evaluation method comprising:
an acquisition step of acquiring a blood pressure value of a target person (The blood pressure sensor 23, which is a biological sensor…blood pressure sensor 23 has input and output terminals connected to the output and input terminals of the microcomputer 18. When a measurement start command is given from the microcomputer 18, the blood pressure sensor 23 starts to measure blood pressure and sends the measurement information to the micro This is given to the computer 18; Page 2 Paragraph 8); and
an evaluation step of evaluating a health condition of the target person (the microcomputer 18 determines whether the measured blood pressure information and pulse information are normal (OK) or abnormal (NG); Page 3 Paragraph 1) based on the blood pressure value of the target person acquired in the acquisition step (When the engine 15 is started and any one of the measured blood pressure and pulse is abnormal above the threshold value…the alarm device 16 indicates that there is a possibility of sudden illness…when there is a possibility of sudden illness while the driver P is driving, it is possible to make the driving of the vehicle 1 impossible, and to prevent as much as possible the situation where the driver P becomes suddenly ill while driving; Page 3 Paragraph 10), wherein
the evaluation step evaluates the health condition of the target person based on a seated-state blood pressure value that is the blood pressure value of the target person measured after boarding the moving body and seated on a seat (When the driver P opens the door on the driver's seat 2 side, gets into the vehicle 1 and closes the door, the microcomputer 6 determines “YES” in the determination step S1 and goes to the next processing step S2…the microcomputer 18 determines “YES” in the determination step T1 and enters the processing step T2, and gives measurement start signals to the blood pressure sensor 23 and the pulse sensor 24 to start measurement of the blood pressure and pulse of the driver P. When the blood pressure sensor 23 and the pulse sensor 24 detect the blood pressure and pulse of the driver P, the blood pressure sensor 23 and the pulse sensor 24 give the detected information to the microcomputer 18 as biological information; Page 2 Paragraphs 11-12; When the engine 15 is started and any one of the measured blood pressure and pulse is abnormal above the threshold value…the alarm device 16 indicates that there is a possibility of sudden illness…when there is a possibility of sudden illness while the driver P is driving, it is possible to make the driving of the vehicle 1 impossible, and to prevent as much as possible the situation where the driver P becomes suddenly ill while driving; Page 3 Paragraph 10).
Yoshino fails to disclose a step of determining whether the target person carrying a mobile terminal enters a predetermined distance range from a moving body including a GNSS sensor (Global Navigation Satellite System); the acquisition step acquires, as a standing-state blood pressure value that is the blood pressure value measured when the target person is heading toward the moving body in a standing state, the blood pressure value acquired when the target person enters the predetermined distance range from the moving body, and wherein the evaluation step evaluates the health condition of the target person based on the standing-state blood pressure value.
In a similar technical field, Pal teaches a device and method to manage interaction with one or more control circuits in a vehicle and one or more wearable devices (Abstract),
a step of determining whether the target person carrying a mobile terminal enters a predetermined distance range from a moving body (The about-to-drive mode 212 may correspond to a condition or a situation when a vehicle user, such as the first user 128, is in a vicinity (such as a first proximity range), of the vehicle 106…in the about-to-drive mode 212, the device 102 may receive vital health data from the one or more wearable devices 104; [0050]) including a GNSS sensor (Global Navigation Satellite System) (The sensing system 308 may comprise one or more vehicle sensors provided in the vehicle 106…examples of the one or more vehicle sensors of the sensing system 308 may include…a global positioning system (GPS)…the one or more vehicle sensors of the sensing system 308 may be configured to detect a motion status, a direction of travel, location information, a steering angle, a yaw rate, a speed, and/or a rate-of-change of speed of the vehicle 106; [0093]);
the acquisition step acquires, as a standing-state blood pressure value that is the blood pressure value measured when the target person is heading toward the moving body in a standing state, the blood pressure value acquired when the target person enters the predetermined distance range from the moving body (The about-to-drive mode 212 may correspond to a condition or a situation when a vehicle user, such as the first user 128, is in a vicinity (such as a first proximity range), of the vehicle 106. The about-to-drive mode 212 may be activated just before the start of drive when the vehicle user wants to drive the vehicle 106. In the about-to-drive mode 212, the device 102 may receive vital health data from the one or more wearable devices 104, and use the received vital health data for user authentication purposes; [0050]; Examples of the one or more wearable devices 104 may include, but are not limited to…a biocompatible sensor (that may be attached, worn, or implanted into to a human body to predict ovulation cycle, monitor health parameters, such as heart rate, pulse oximetry, respiratory rate, and/or blood pressure); [0029]; Examples of the vital health data may include, but are not limited to…blood pressure; [0061]; Examiner’s Note: As noted above, the about-to-drive mode 212 may correspond to a condition or a situation when a vehicle user is in a vicinity of the vehicle; therefore, the situation would require the target person to be heading toward the vehicle in a standing state at least for a moment before entering the vehicle), and
wherein the evaluation step evaluates the health condition of the target person based on the standing-state blood pressure value (the device 102 may perform different functions in different operating modes, based on the first set of input values (such as vital health data of the first user 128) received from the one or more wearable devices 104…the same vital health data of the first user 128 may be used to monitor the heath of the first user 128 in other determined modes; [0042]; the functional modules 208 may be implemented as one or more module stacks, such as a health module stack…a fit-to-drive module stack…the health module stack may be used by the device 102 to receive and process vital heath data from the one or more wearable devices 104…the fit-to-drive module stack may be used by the device 102 to receive and process both the first set of input values…the device 102 may determine a fit-to-drive condition of both the vehicle user, such as the first user 128…by use of the fit-to-drive module stack; [0047]; In the user-critical health mode 220, the device 102 may receive vital health data from the one or more wearable devices 104, worn by the first user 128…the user-critical health mode 220 may correspond to a condition or a situation when the received vital health data of the first user 128 indicates a critical medical condition of the first user 128. The received vital health data may comprise a set of medical values (sensor readings) that may be compared with health thresholds or one or more safety limits preset by a healthcare professional, such as a doctor, a paramedic, and/or the caregiver 132; [0054]; the first set of input values may comprise vital health data of the first user 128. Examples of the vital health data may include, but are not limited to, electrocardiogram (ECG), heart rate, respiratory rate, blood oxygen level (such as peripheral capillary oxygen saturation (SPO2)), blood pressure, and/or body temperature of the first user 128; [0061]; the processor 222 may be configured to detect the alcohol level associated with the first user 128 with respect to a preset safety limit. Such determination is used by the processor 222, to decide whether a user, such as the first user 128, is fit or unfit to drive the vehicle 106. When the determined alcohol level is greater than the preset safety limit (such as an intoxication level), and when the determined operating mode is the about-to-drive mode 212, the processor 222 may send a control command to the body control module of the vehicle 106 to prohibit the door of the vehicle 106 to be opened. The command may be sent by the device 102 to restrict entry of the first user 128 into the vehicle 106; [0070]); and the seated-state blood pressure value (the monitoring of the health of the first user 128 may also performed in the outside driving mode 214, based on the vital health data received from the one or more wearable devices 104. The processor 222 may be configured to detect an abnormal medical condition of the first user 128, based on vital health data received from the one or more wearable devices 104 or a portable electronic device associated with the first user 128. The processor 222 may be configured to determine a severity level of the detected abnormal medical condition based a predetermined health threshold associated with first user 128. The severity level of the detected abnormal medical condition may also be determined and validated by use of the preset medical safety limits at the device 102; [0077]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the detection teachings of Pal into those of Yoshino in order to determine that the user is in a fit-to-drive condition and/or monitor the patient in case of abnormal medical conditions or critical situations even when driving (Pal [0047], [0054], [0077], and [0106]).
Yoshino and Pal fail to teach wherein the mobile terminal includes a first GNSS (Global Navigation Satellite System) sensor.
In a similar technical field, Manzella teaches a communication system and method for using human telematic data to provide a hazard alarm/notification message to a user in a dynamic environment such as during operation of a vehicle (Abstract), wherein the mobile terminal (The system includes a user 110 having at least one user data collection device 128 in communication with the user 110. The user data collection device 128 is configured to measure any variety of user health status measurements such as, without limitation body mass index, blood pressure…suitable exemplary sensing equipment includes wearable devices like Nike's Fuelband™ or a similar activity tracking sensor such as Fitbit™; Column 3 Line 55 – Column 4 Line 1) includes a first GNSS (Global Navigation Satellite System) sensor (The vehicle 102 or user data collection device 128 and/or vehicle data collection device 104 may include an antenna for receiving signals from global navigation satellite system (GNSS) satellites, numbered 1 through n in FIG. 1; Column 4 Lines 49-53).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the GNSS teachings of Manzella into those of Yoshino and Pal in order to accurately calculate the location of the user.
Regarding Claim 11, Yoshino discloses a non-transitory computer-readable storage medium storing a health evaluation program which is executed by a computer of a health evaluation system (The microcomputer 6 includes a ROM 7 for storing a processing program and necessary information and a RAM 8 for executing the program. Further, a non-volatile memory 9 storing an ID code assigned to itself is connected to the input and output terminals of the microcomputer 6; Page 2 Paragraph 5), wherein the health evaluation program makes the computer functions as:
an acquisition unit that acquires a blood pressure value of a target person (The blood pressure sensor 23, which is a biological sensor…blood pressure sensor 23 has input and output terminals connected to the output and input terminals of the microcomputer 18. When a measurement start command is given from the microcomputer 18, the blood pressure sensor 23 starts to measure blood pressure and sends the measurement information to the micro This is given to the computer 18; Page 2 Paragraph 8); and
an evaluation unit (microcomputer 18) that evaluates a health condition of the target person based on the blood pressure value of the target person acquired by the acquisition unit (the microcomputer 18 determines whether the measured blood pressure information and pulse information are normal (OK) or abnormal (NG); Page 3 Paragraph 1), wherein
the evaluation unit evaluates the health condition of the target person based on a seated-state blood pressure value that is the blood pressure value of the target person measured after boarding the moving body and seated on a seat (When the driver P opens the door on the driver's seat 2 side, gets into the vehicle 1 and closes the door, the microcomputer 6 determines “YES” in the determination step S1 and goes to the next processing step S2…the microcomputer 18 determines “YES” in the determination step T1 and enters the processing step T2, and gives measurement start signals to the blood pressure sensor 23 and the pulse sensor 24 to start measurement of the blood pressure and pulse of the driver P. When the blood pressure sensor 23 and the pulse sensor 24 detect the blood pressure and pulse of the driver P, the blood pressure sensor 23 and the pulse sensor 24 give the detected information to the microcomputer 18 as biological information; Page 2 Paragraphs 11-12; When the engine 15 is started and any one of the measured blood pressure and pulse is abnormal above the threshold value…the alarm device 16 indicates that there is a possibility of sudden illness…when there is a possibility of sudden illness while the driver P is driving, it is possible to make the driving of the vehicle 1 impossible, and to prevent as much as possible the situation where the driver P becomes suddenly ill while driving; Page 3 Paragraph 10).
Yoshino fails to teach wherein the computer determines whether the target person carrying a mobile terminal enters a predetermined distance range from a moving body including a second GNSS sensor, the acquisition unit acquires, as a standing-state blood pressure value that is the blood pressure value measured when the target person is heading toward the moving body in a standing state, the blood pressure value acquired when the target person enters the predetermined distance range from the moving body, and the evaluation unit evaluates the health condition of the target person based on the standing-state blood pressure value.
In a similar technical field, Pal teaches a device and method to manage interaction with one or more control circuits in a vehicle and one or more wearable devices (Abstract), wherein the computer determines whether the target person carrying a mobile terminal enters a predetermined distance range from a moving body (The about-to-drive mode 212 may correspond to a condition or a situation when a vehicle user, such as the first user 128, is in a vicinity (such as a first proximity range), of the vehicle 106…in the about-to-drive mode 212, the device 102 may receive vital health data from the one or more wearable devices 104; [0050]) including a second GNSS sensor (The sensing system 308 may comprise one or more vehicle sensors provided in the vehicle 106…examples of the one or more vehicle sensors of the sensing system 308 may include…a global positioning system (GPS)…the one or more vehicle sensors of the sensing system 308 may be configured to detect a motion status, a direction of travel, location information, a steering angle, a yaw rate, a speed, and/or a rate-of-change of speed of the vehicle 106; [0093]),
the acquisition unit acquires, as a standing-state blood pressure value that is the blood pressure value measured when the target person is heading toward the moving body in a standing state, the blood pressure value acquired when the target person enters the predetermined distance range from the moving body (The about-to-drive mode 212 may correspond to a condition or a situation when a vehicle user, such as the first user 128, is in a vicinity (such as a first proximity range), of the vehicle 106. The about-to-drive mode 212 may be activated just before the start of drive when the vehicle user wants to drive the vehicle 106. In the about-to-drive mode 212, the device 102 may receive vital health data from the one or more wearable devices 104, and use the received vital health data for user authentication purposes; [0050]; Examples of the one or more wearable devices 104 may include, but are not limited to…a biocompatible sensor (that may be attached, worn, or implanted into to a human body to predict ovulation cycle, monitor health parameters, such as heart rate, pulse oximetry, respiratory rate, and/or blood pressure); [0029]; Examples of the vital health data may include, but are not limited to…blood pressure; [0061]; Examiner’s Note: As noted above, the about-to-drive mode 212 may correspond to a condition or a situation when a vehicle user is in a vicinity of the vehicle; therefore, the situation would require the target person to be heading toward the vehicle in a standing state at least for a moment before entering the vehicle),
the evaluation unit evaluates the health condition of the target person based on the standing-state blood pressure value (the device 102 may perform different functions in different operating modes, based on the first set of input values (such as vital health data of the first user 128) received from the one or more wearable devices 104…the same vital health data of the first user 128 may be used to monitor the heath of the first user 128 in other determined modes; [0042]; the functional modules 208 may be implemented as one or more module stacks, such as a health module stack…a fit-to-drive module stack…the health module stack may be used by the device 102 to receive and process vital heath data from the one or more wearable devices 104…the fit-to-drive module stack may be used by the device 102 to receive and process both the first set of input values…the device 102 may determine a fit-to-drive condition of both the vehicle user, such as the first user 128…by use of the fit-to-drive module stack; [0047]; In the user-critical health mode 220, the device 102 may receive vital health data from the one or more wearable devices 104, worn by the first user 128…the user-critical health mode 220 may correspond to a condition or a situation when the received vital health data of the first user 128 indicates a critical medical condition of the first user 128. The received vital health data may comprise a set of medical values (sensor readings) that may be compared with health thresholds or one or more safety limits preset by a healthcare professional, such as a doctor, a paramedic, and/or the caregiver 132; [0054]; the first set of input values may comprise vital health data of the first user 128. Examples of the vital health data may include, but are not limited to, electrocardiogram (ECG), heart rate, respiratory rate, blood oxygen level (such as peripheral capillary oxygen saturation (SPO2)), blood pressure, and/or body temperature of the first user 128; [0061]; the processor 222 may be configured to detect the alcohol level associated with the first user 128 with respect to a preset safety limit. Such determination is used by the processor 222, to decide whether a user, such as the first user 128, is fit or unfit to drive the vehicle 106. When the determined alcohol level is greater than the preset safety limit (such as an intoxication level), and when the determined operating mode is the about-to-drive mode 212, the processor 222 may send a control command to the body control module of the vehicle 106 to prohibit the door of the vehicle 106 to be opened. The command may be sent by the device 102 to restrict entry of the first user 128 into the vehicle 106; [0070]); and the seated-state blood pressure value (the monitoring of the health of the first user 128 may also performed in the outside driving mode 214, based on the vital health data received from the one or more wearable devices 104. The processor 222 may be configured to detect an abnormal medical condition of the first user 128, based on vital health data received from the one or more wearable devices 104 or a portable electronic device associated with the first user 128. The processor 222 may be configured to determine a severity level of the detected abnormal medical condition based a predetermined health threshold associated with first user 128. The severity level of the detected abnormal medical condition may also be determined and validated by use of the preset medical safety limits at the device 102; [0077]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the detection teachings of Pal into those of Yoshino in order to determine that the user is in a fit-to-drive condition and/or monitor the patient in case of abnormal medical conditions or critical situations even when driving (Pal [0047], [0054], [0077], and [0106]).
Yoshino and Pal fail to teach wherein the mobile terminal includes a first GNSS (Global Navigation Satellite System) sensor.
In a similar technical field, Manzella teaches a communication system and method for using human telematic data to provide a hazard alarm/notification message to a user in a dynamic environment such as during operation of a vehicle (Abstract), wherein the mobile terminal (The system includes a user 110 having at least one user data collection device 128 in communication with the user 110. The user data collection device 128 is configured to measure any variety of user health status measurements such as, without limitation body mass index, blood pressure…suitable exemplary sensing equipment includes wearable devices like Nike's Fuelband™ or a similar activity tracking sensor such as Fitbit™; Column 3 Line 55 – Column 4 Line 1) includes a first GNSS (Global Navigation Satellite System) sensor (The vehicle 102 or user data collection device 128 and/or vehicle data collection device 104 may include an antenna for receiving signals from global navigation satellite system (GNSS) satellites, numbered 1 through n in FIG. 1; Column 4 Lines 49-53).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the GNSS teachings of Manzella into those of Yoshino and Pal in order to accurately calculate the location of the user.
Regarding Claim 13, Yoshino discloses wherein the processor is configured to evaluate the health condition of the target person at a point of boarding the moving body based on a scoring criteria that is defined in advance and that is regarding the seated-state blood pressure value (When the microcomputer 18 receives the measured blood pressure information and the pulse information as the biological information from the blood pressure sensor 23 and the pulse sensor 24, the microcomputer 18 stores the measured blood pressure information and the pulse information in the nonvolatile memory 21, and performs the next processing step T3. Migrate to In processing step T3, the microcomputer 18 determines whether the measured blood pressure information and pulse information are normal (OK) or abnormal (NG). That is, the non-volatile memory 21 of the portable device 17 stores the blood pressure and pulse threshold values of the individual driver P, and these threshold values are normal when the blood pressure and pulse values are less than the threshold values. The driver P has no problem in driving the vehicle 1, but is set so that it can be determined that the blood pressure and pulse are abnormal when the blood pressure and pulse are equal to or higher than the threshold value, and the driver P may be suddenly ill during driving. Yes. Therefore, if the microcomputer 18 determines that the measured blood pressure and the pulse are both normal (OK) and less than the threshold value in the processing step T3, the microcomputer 18 stores the determination result (OK) in the nonvolatile memory 21. Then, the process proceeds to processing step T 4, the ID code is read from the nonvolatile memory 21, and the ID code and the determination result (OK) are transmitted to the vehicle-side processing device 5 via the transmission / reception device 25 and the antenna 26; Page 3 Paragraphs 2-3).
Yoshino fails to disclose wherein the processor is configured to evaluate the health condition of the target person at a point of boarding the moving body that is regarding the standing-state blood pressure value and the seated-state blood pressure value, or a difference between the standing-state blood pressure value and the seated-state blood pressure value.
In a similar technical field, Pal teaches a device and method to manage interaction with one or more control circuits in a vehicle and one or more wearable devices (Abstract), wherein the processor is configured to evaluate the health condition of the target person at a point of boarding the moving body based on a scoring criteria that is defined in advance (In the user-critical health mode 220, the device 102 may receive vital health data from the one or more wearable devices 104, worn by the first user 128. In such a case, the first user 128 may be a patient with medical implants. The first user 128 may be suffering from critical diseases or physiological problems (such as heart diseases or urologic problems), and may need continuous post-operative monitoring. The user-critical health mode 220 may correspond to a condition or a situation when the received vital health data of the first user 128 indicates a critical medical condition of the first user 128. The received vital health data may comprise a set of medical values (sensor readings) that may be compared with health thresholds or one or more safety limits preset by a healthcare professional, such as a doctor, a paramedic, and/or the caregiver 132; [0054]) and that is regarding the standing-state blood pressure value (when the received vital health data is in accordance the preset health thresholds, and/or within the one or more preset medical safety limits, the processor 222 may be configured to detect whether the one or more wearable devices 104 are within a preset first proximity range, such as within a range of “1 meter”, from the device 102. In instances when the one or more wearable devices 104 are detected within the preset first proximity range from the device 102, it may be an indication that the first user 128 wants to drive the vehicle 106. The processor 222 may then switch the operating mode at the device 102 from the home mode 210 to the about-to-drive mode 212. Further, in instances when the one or more wearable devices 104 are not detected within the preset first proximity range from the device 102, it may be an indication that the first user 128 may not want to drive the vehicle 106. In such instances, the processor 222 may periodically monitor the vital heath data received from the one or more wearable devices 104, which may be communicatively coupled to the device 102, via the first communication network 122; [0067]) and the seated-state blood pressure value (the monitoring of the health of the first user 128 may also performed in the outside driving mode 214, based on the vital health data received from the one or more wearable devices 104. The processor 222 may be configured to detect an abnormal medical condition of the first user 128, based on vital health data received from the one or more wearable devices 104 or a portable electronic device associated with the first user 128. The processor 222 may be configured to determine a severity level of the detected abnormal medical condition based a predetermined health threshold associated with first user 128. The severity level of the detected abnormal medical condition may also be determined and validated by use of the preset medical safety limits at the device 102; [0077]), or a difference between the standing-state blood pressure value and the seated-state blood pressure value.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the detection teachings of Pal into those of Yoshino in order to determine that the user is in a fit-to-drive condition and/or monitor the patient in case of abnormal medical conditions or critical situations even when driving (Pal [0047], [0054], [0077], and [0106]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshino et al, Pal et al and Manzella et al as applied to claim 1 above, and further in view of Chou (U.S. Publication No. 2020/0194115A1; previously cited).
Regarding Claim 9, although Yoshino discloses wherein the processor is configured to evaluate the health condition of the target person based on the seated-state blood pressure value that is the blood pressure value of the target person measured after boarding the moving body and seated on the seat (When the driver P opens the door on the driver's seat 2 side, gets into the vehicle 1 and closes the door, the microcomputer 6 determines “YES” in the determination step S1 and goes to the next processing step S2…the microcomputer 18 determines “YES” in the determination step T1 and enters the processing step T2, and gives measurement start signals to the blood pressure sensor 23 and the pulse sensor 24 to start measurement of the blood pressure and pulse of the driver P. When the blood pressure sensor 23 and the pulse sensor 24 detect the blood pressure and pulse of the driver P, the blood pressure sensor 23 and the pulse sensor 24 give the detected information to the microcomputer 18 as biological information; Page 2 Paragraphs 11-12), Yoshino fails to disclose wherein the processor is configured to evaluate the health condition of the target person based on the standing-state blood pressure value that is the blood pressure value measured when the target person is heading toward the moving body in the standing state.
Pal teaches a device and method to manage interaction with one or more control circuits in a vehicle and one or more wearable devices (Abstract), wherein the processor is configured to evaluate the health condition of the target person (Examples of the one or more wearable devices 104 may include, but are not limited to…a biocompatible sensor (that may be attached, worn, or implanted into to a human body to predict ovulation cycle, monitor health parameters, such as heart rate, pulse oximetry, respiratory rate, and/or blood pressure); [0029]) based on the standing-state blood pressure value that is the blood pressure value measured when the target person is heading toward the moving body in the standing state (The about-to-drive mode 212 may correspond to a condition or a situation when a vehicle user, such as the first user 128, is in a vicinity (such as a first proximity range), of the vehicle 106…in the about-to-drive mode 212, the device 102 may receive vital health data from the one or more wearable devices 104, and use the received vital health data for user authentication purposes; [0050]; Examiner’s Note: As noted above, the about-to-drive mode 212 may correspond to a condition or a situation when a vehicle user is in a vicinity of the vehicle; therefore, this situation would require the target person to be heading toward the vehicle in a standing state at least for a moment before entering the vehicle).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the vital health data communication teachings of Pal into those of Yoshino in order to determine that the user is in a fit-to-drive condition before driving the vehicle (Pal [0047] and [0106]).
Although Pal teaches wherein the mobile terminal may include a smart-watch used to measure calorie intake, calories burned, sleep patterns, and/or physical activity of the first user ([0029]), Yoshino, Pal, and Manzella fail to specifically teach wherein the user is heading toward the moving body by legged locomotion that is locomotion using own legs.
In a similar technical field, Chou teaches a system and method for incorporating a scanner into a vehicle (Abstract), wherein the processor is configured to evaluate the health condition of the target person based on the standing-state blood pressure value that is a blood pressure value measured when the target person is heading toward the moving body by legged locomotion that is locomotion using own legs (An example scanner 201 is illustrated in FIG. 6 as the scanner 605. The scanner 605 is located near doors 609 of a vehicle 610. As shown, the vehicle 610 is a bus, and a passenger 607 is walking through the scanner 605 in order to gain entry into the vehicle 610; [0048]; The health module 230 may generate the biometric data 287 based on the scan of the passenger performed by the scanner 201. More specifically, the biometric data 287 may be generated based on scan data 295 provided by the scanner 201. Depending on the embodiment, the biometric data 287 may include any data about the health or well-being of the passenger such as eye color, pulse, height, weight, BMI, gait, body temperature, bone density, blood pressure; [0049]; Figure 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the locomotion teachings of Chou into those of Yoshino, Pal, and Manzella in order to ensure the passenger is able to pass through the scanner, which will then permit the passenger to enter the vehicle (Chou [0048]; Figure 6).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshino et al, Pal et al, Manzella et al, and Chou as applied to claim 9 above, and further in view of Jung et al (U.S. Publication No. 2017/0348562 A1).
Regarding Claim 12, although Pal teaches wherein the mobile terminal may include a smart-watch used to measure calorie intake, calories burned, sleep patterns, and/or physical activity of the first user ([0029]) and Chou teaches wherein the processor is configured to evaluate the health condition of the target person based on the standing-state blood pressure value that is a blood pressure value measured when the target person is heading toward the moving body by legged locomotion that is locomotion using own legs (An example scanner 201 is illustrated in FIG. 6 as the scanner 605. The scanner 605 is located near doors 609 of a vehicle 610. As shown, the vehicle 610 is a bus, and a passenger 607 is walking through the scanner 605 in order to gain entry into the vehicle 610; [0048]; The health module 230 may generate the biometric data 287 based on the scan of the passenger performed by the scanner 201. More specifically, the biometric data 287 may be generated based on scan data 295 provided by the scanner 201. Depending on the embodiment, the biometric data 287 may include any data about the health or well-being of the passenger such as eye color, pulse, height, weight, BMI, gait, body temperature, bone density, blood pressure; [0049]; Figure 6), Yoshino, Pal, Manzella, and Chou fail to specifically teach wherein the mobile terminal includes an acceleration sensor, the processor is configured to count a number of steps of the target person based on a sensor signal from the acceleration sensor of the mobile terminal, and determine that the target person is conducting the legged locomotion while the number of steps is being counted up.
In a similar technical field, Jung teaches an electronic apparatus including a sensor and a processor electrically connected to the sensor (Abstract), wherein the mobile terminal ([0033]) includes an acceleration sensor (The information collection module 121 may collect sensor information associated with a movement of the electronic apparatus 101 through at least one designated sensor. For example, the information collection module 121 may collect sensor information from at least one sensor among an accelerometer; [0055]), the processor is configured to count a number of steps of the target person based on a sensor signal from the acceleration sensor of the mobile terminal, and determine that the target person is conducting the legged locomotion while the number of steps is being counted up (The determination module 125 may determine whether a detected activity is converted (or changed) into exercise based on at least part of the sensor information collected by the information collection module 121. For example, the determination module 125 may determine a pattern (e.g. step counts, a pace, and moving speed) of a movement of the electronic apparatus 101 using the sensor information and may determine an activity of the user carrying the electronic apparatus 101 based on the determined pattern. The determination module 125 may determine at least one activity among a walking activity, a running activity, a cycle-using activity, a sports equipment-using activity, and a vehicle-using activity; [0057]; [0115]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the step count teachings of Jung into those of Yoshino, Pal, Manzella, and Chou in order to determine a pattern (e.g. step counts) of a using the sensor information and may determine an activity of the user based on the determined pattern (Jung [0057]).
Conclusion
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 CHANEL J YOON whose telephone number is (571) 272-2695. The examiner can normally be reached on Monday-Friday 9:00AM-5:00PM.
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/CHANEL J YOON/Examiner, Art Unit 3791
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