DETAILED ACTION
Status of Claims
This communication is in response to the amendment filed 11/24/2025.
Claims 1, 8-9, 12-14, 16 and 18-20 have been amended.
Claims 2, 11, 15 and 17 have been cancelled.
Claims 1, 3-10, 12-14, 16 and 18-20 are currently pending and have been examined.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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, 3-10, 12-14, 16 and 18-20 are rejected under 35 U.S.C. §101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1:
Claims 1, 3-10, 12-14, 16 and 18-20 are directed to a system (i.e., a machine). Accordingly, claims 1, 3-10, 12-14, 16 and 18-20 are all within at least one of the four statutory categories.
Step 2A - Prong One:
An “abstract idea” judicial exception is subject matter that falls within at least one of the following groupings: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
Representative independent claims 1 and 20 include limitations that recite an abstract idea. Note that independent claims16 is also a system claim.
Specifically, independent claim 1 recites:
A wearable record device for disaster relief, the wearable record device comprising:
a wristband that includes a strap, and the strap including:
a hole; and
a pin, the pin configured to couple with the hole;
wherein the strap is configured to couple with an object; and
a processing circuit including a processor and memory, the memory having instructions stored thereon that, when executed by the processor, cause the processor to:
receive, via communication network, from an external computer system, a first indication to associate the wearable record device with a resident that is being displaced from a first facility;
responsive to receipt of the first indication to associate the wearable record device:
locally store, in a database maintained by the memory and separate from the external computer system, a data record which reflects that the wearable record device is associated with the resident that is being displaced from the first facility; and
transmit, via the communication network, one or more signals to the external computer system to provide confirmation that the wearable record device is associated with the resident that is being displaced from the first facility;
receive, from the external computer system, data associated with the residents;
locally store, in the database maintained by the memory and separate from the external computer system, the data associated with the resident for subsequent delivery to a computing device associated with a second facility that is to receive the resident that is being displaced from the first facility;
receive, from the external computer system, a second indication, wherein the second indication includes information associated with the resident;
update, based on the second indication, the data associated with the resident, which is locally stored in the database maintained by the memory and separate from the external computer system, to include the information associated with the resident;
provide, to the computing device and upon arrival of the wearable record device at the second facility, the data associated with the resident by retrieving the data associated with the resident from the database that is maintained by the memory and separate from the external computer system;
prompt, responsive to a determination that a health check of the resident was performed, the external computer system for information associated with the health check;
receive, from the external computer system, the information associated with the health check; and
update the data associated with the resident, which is locally stored in the database maintained by the memory and separate from the external computer system, to reflect the information associated with the health check.
Specifically, independent claim 20 recites:
A system, comprising:
an external computer system including one or more pieces of medical equipment configured to perform a health check; and
a wearable record device in communication with the external computer system, and the wearable record device including:
a wristband that includes a strap, and the strap including:
a hole; and
a pin, the pin configured to couple with the hole;
wherein the strap is configured to couple with an object; and
a processing circuit including a processor and memory, the memory having instructions stored thereon that, when executed by the processor, cause the processor to:
receive, from the external computer system, a first indication to associate the wearable record device with a resident of a facility;
responsive to receipt of the first indication to associate the wearable record device:
locally store, in a database maintained by the memory and separate from the external computer system, a data record which reflects that the wearable record device is associated with the resident; and
transmit one or more signals to the external computer system to provide confirmation that the wearable record device is associated with the resident;
receive, from the external computer system, data associated with the resident;
locally store, in the database maintained by the memory and separate from the external computer system, the data associated with the resident for subsequent delivery to a computing device associated with a receiving facility;
receive, from the external computer system, a second indication, wherein the second indication includes information associated with the resident;
update, based on the second indication, the data associated with the resident, which is locally stored in the database maintained by the memory and separate from the external computer system, to include the information associated with the resident;
provide, to the computing device, the data associated with the resident by retrieving the data associated with the resident from the database that is maintained by the memory and separate from the external computer system; and
control the one or more pieces of medical equipment to perform the health check by:
displaying, via a graphical user interface on the wearable record device, a selectable element to provide an indication to perform the health check;
detecting, via the graphical user interface on the wearable record device, a selection of the selectable element; and
transmitting, to the external computer system, a signal to indicate the selection of the selectable element.
The Examiner submits that the foregoing underlined limitations constitute: (a) “certain methods of organizing human activity” because providing disaster relief, providing a facility or a caretaker updated health record and information associated with a resident, which is providing a healthcare service and a wellness check, prompting that a health check of the resident was performed are managing human behavior/interactions between people. Furthermore, these limitations constitute (b) “a mental process” because providing a health check and confirming the whereabouts of a resident wearing a traceable device are observations/evaluations/analysis that can be performed in the human mind or with a pen and paper.
Accordingly, the claim describes at least one abstract idea.
In relation to claim 15, these claims merely recite specific kinds of information, such as: claim 15 – wearable record device comprising at least one of a watch, a bracelet, a necklace, or a wristband.
In relation to claims 3-10, 12, 14 and 18-19, these claims merely recite determining steps such as: claim 3 - displaying… a selectable element to provide an indication to perform the health check, detecting, …. a selection of the selectable element and transmitting, … the selection of the selectable element, claim 4 - update, responsive to receipt of the information associated with performance of the health check, the data associated with the resident to reflect the information associated with performance of the health check, claim 5 - display,… a notice to indicate that the resident is associated with the wearable record device and update the … the information associated with the resident responsive to receipt of the information associated with the resident, claim 6 - display, … a prompt to associate the wearable record device with the resident and detect, … a selection of the prompt to associate the wearable record device with the resident, claim 7 - update an indication that the wearable record device is associated with the resident, update, responsive to receipt of the information associated with the resident, to include a prompt to store the information associated with the resident and store, … responsive to detection of a selection of the prompt to store the information associated with the resident, the information associated with the resident, claim 8 – the data associated with the resident is provided, claim 9 – to provide the data associated with the resident, wherein receipt …. causes the user device to display the data associated with the resident, claim 10 - display a selectable element to display the data associated with the resident, detect a selection of the selectable element and update the data associated with the resident, claim 12 – display a notice to indicate performance of the health check, detect… the wearable record device, a selection of a selectable element indicating a request to display the information associated with the health check and update to include the information associated with the health check, claim 14 – identify, responsive to receipt of the information associated with the resident, one or more differences between the data associated with the resident and the information associated with the resident, update, based on the one or more difference, one or more portions of the data associated with the resident to reflect one or more portions of the information associated with the resident and store… the data associated with the resident responsive to the updating the data associated with the resident to reflect the one or more portions of the information associated with the resident, claim 18 - receive, … information associated with performance of the health check and update, responsive to receipt of the information associated with performance of the health check, the data associated with the resident to reflect the information associated with performance of the health check and claim 19 - display, … a prompt to associate the wearable record device with the resident, detect on the wearable record device, a selection of the prompt to associate the wearable record device with the resident, update … to include a notice to indicate that the resident is associated with the wearable record device and update …at least a portion of the information associated with the resident responsive to receipt of the information associated with the resident.
Step 2A - Prong Two:
Regarding Prong Two of Step 2A, it must be determined whether the claim as a whole integrates the abstract idea into a practical application. As noted, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”
The limitations of claims 1, 16 and 20, as drafted is a process that, under its broadest reasonable interpretation, covers performance of the limitations in the mind and interactively with humans but for the recitation of generic computer components. That is, other than reciting a processing circuit including a processor and memory, an external computer system, a user device, a graphical user interface and a signal to perform the limitations, nothing in the claim elements precludes the steps from practically being performed in the mind and interactively with humans. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation within a interactive health care environment in the mind but for the recitation of generic computer components, then it falls within the “certain methods of organizing human activity” and “Mental Process” grouping of abstract ideas. Accordingly, the claims recite an abstract idea.
The judicial exception is not integrated into a practical application. In particular, the processing circuit including a processor and memory, external computer system, user device, graphical user interface and signal are recited at high levels of generality (i.e., as generic computer components performing generic computer functions of receiving data/inputs, determining and providing data) such that it amounts no more than mere instructions to apply the exception using the generic computer components.
Regarding the additional limitation “receive, from an external computer system, a first indication to associate the wearable record device with a resident of a facility” the Examiner submits that this additional limitation merely adds insignificant pre-solution activity (data gathering; selecting data to be manipulated) to the at least one abstract idea (see MPEP § 2106.05(g)).
Thus, taken alone, the additional elements do not amount to significantly more than the above identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvements in the functioning of a computer or an improvement to another technology or technical field, apply or us the above-noted implement/use to above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception (see MPEP §2106.05). Their collective functions merely provide conventional computer implementation.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into practical application, the additional elements amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using generic computer component provide an inventive concept. The claims are not patent eligible.
Step 2B:
Regarding Step 2B, in representative independent claims 1 and 20, regarding the additional limitations of the processing circuit including a processor and memory, external computer system, user device, graphical user interface and signal, the Examiner submits that these limitations amount to merely using a computer to perform the at least one abstract idea (see MPEP § 2106.05(f)).
Thus, representative independent claims 1 and 20 and analogous independent claims 16 do not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application.
The dependent claims no not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reason discussed above with respect to determining that the dependent claims do not integrate the at least abstract idea into a practical application.
Therefore, claims 1, 3-10, 12-14, 16 and 18-20 are ineligible under 35 USC §101.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 5-9, 14, 16 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Toth (US 2023/0240529 A1) in view of Al-Ali (US 2023/0028745 A1) further in view of Narasimhan (US 2021/0151176 A1).
Claim 1:
Toth discloses a wearable record device for disaster relief, the wearable record device (See wearable sensor system (P0145-P0146) and pandemics, spreading disease based on physiological monitoring data, natural disasters, terrorism and other emergencies as disasters in Abstract, P0003, P0005, P0184 and P0186. See wearable devices with sensors in Fig. 2A-Fig. 3B and P0157) comprising:
a processing circuit including a processor and memory, the memory having instructions stored thereon that, when executed by the processor, cause the processor (See P0007, P0014-P0015 processor coupled to a memory and non-transitory processor-readable storage medium having stored on executable program code.), to:
receive, via communication network, from an external computer system, a first indication to associate the wearable record device with a resident that is being displaced from a first facility (See notifications in Fig. 3A-Fig. 3C, P0175-P0176 where remote terminals or devices as a local wearable device delivers notifications to a nurse, medical assistant and caregiver at a facility (P0177).);
receive, from the external computer system, data associated with the resident (See P0175 where notifications delivered to devices associated with the nurse, medical assistant and caregiver, associated with the user 336, exchanging data including an electronic health record (EHR) (P0068).);
receive, from the external computer system, a second indication, wherein the second indication includes information associated with the resident (See both the physiological monitoring data and the health data characterizing the outbreak of the disease in the P0007. Besides wearable device module includes user profile in Fig. 3C, Fig. 4, and P0170, see P0084-P0086 managing the collection of customer preferences, data sets, monitoring sessions and monitoring products or supplies as information associated with the resident.);
update, based on the second indication, the data associated with the resident (Besides updated symptoms, risk factors, sensor thresholds, disease progress algorithms, health and safety notifications in P0222-P0223, see updated database of pandemic data (P0227-P0228), in the form of notifications of pandemic updates (P0238-P0239) received from first responder, essential workforce, local caregiver, hospital, state and local health networks shown in Fig. 10.); and
provide, to a user device, the data associated with the resident (See host devices such as mobile computing device, a smartphone and a tablet computer (P0067-P0068) paired with the wearable device. See Fig. 3A-Fig. 3C, P0175-P0176 remote terminals or devices as a local wearable device delivers notifications to a nurse, medical assistant and caregiver at a facility (P0177).).
Although Toth discloses a wearable record device for disaster relief mentioned above and worn as a smartphone, in a backpack (P0068), or on the wrist (P0104), Toth does not explicitly teach a wearable wristband device with a strap, hole and pin. Al-Ali teaches:
a wristband that includes a strap, and the strap including:
a hole; and a pin, the pin configured to couple with the hole;
wherein the strap is configured to couple with an object (See Fig. 1D, Fig. 1E, P0010, P0489 wearable device including a smartwatch (P0454) worn around the wrist with holes along the strap for adjusting (P0432), where a buckle with a pin (Fig. 1I-Fig. 1K) can go through the holes of the strap to adjust proper fitting.).
Therefore, it would have been obvious to one of ordinary skill in the art of wearable devices for physiological monitoring before the effective filing date of the claimed invention to modify the system of Toth to include a wearable wristband device with a strap, hole and pin as taught by Al-Ali to provide better contacted fit between the sensor and the wrist.
Although Toth and Al-Ali teach a wearable wristband device with a strap, hole and pin for disaster relief mentioned above, Toth and Al-Ali do not explicitly teach communication responses to include locally storing records of the resident’s wearable device, displaced from a living facility, delivered to another living facility, maintained memory of data associated with the resident, determine health checks were performed prompting a response by the resident and updating external record associated with the health check. Narasimhan teaches:
responsive to receipt of the first indication to associate the wearable record device (See PWD in Fig. 3, P0010 where asking a patient “are you okay?” (R U OK) serves as responsive to receipt.):
locally store, in a database maintained by the memory and separate from the external computer system, a data record which reflects that the wearable record device is associated with the resident that is being displaced from the first facility (Taught as storing tracked movement, missed meds and time stamps shown in Fig. 3 using Local Database on PWD mentioned in P0073.); and
transmit, via the communication network, one or more signals to the external computer system to provide confirmation that the wearable record device is associated with the resident that is being displaced from the first facility (Taught as PWD system communicating tracked behavior data, movement, missed meds, time stamps and current location shown in Fig. 3, mentioned in P0012, P0084-P0086, P0095.);
locally store, in the database maintained by the memory and separate from the external computer system, the data associated with the resident for subsequent delivery to a computing device associated with a second facility that is to receive the resident that is being displaced from the first facility (Besides Fig. 3 using Local Database on PWD mentioned in P0073, see the displaced resident is taught in P0095-P0096 as patient wandering away from home using GPS and geofencing.);
which is locally stored in the database maintained by the memory and separate from the external computer system, to include the information associated with the resident (Taught as synching real-time data to server of step in Fig. 3, and in P0073. Also, see P0095 as tracking movement using GPS and geofencing region/boundaries, before alerting their caregiver with accurate location information.);
provide, to the computing device and upon arrival of the wearable record device at the second facility, the data associated with the resident by retrieving the data associated with the resident from the database that is maintained by the memory and separate from the external computer system (Accelerometer, GPS, fall detection and geolocation of the wearable computing device (P0007, P0009, P0028-P0029) directions and location information (P0095) would allow detection arrival at a facility. Also, see [P0049] The PWD is fully functional by itself, and can therefore be used anywhere inside or outside the home, as long as cellular connectivity is available.);
prompt, responsive to a determination that a health check of the resident was performed, the external computer system for information associated with the health check (See PWD in Fig. 3, P0010 where asking a patient “are you okay?” (R U OK) serves as performing a health check of the resident. Also, see P0009, P0084, P0089.);
receive, from the external computer system, the information associated with the health check (Besides patient logging into electronic diary in P0016 and activities logged by caregivers in P0087, P0106, see contacting real-time checks in P0089 and checking PWD moving in P0149, P0167.); and
update the data associated with the resident, which is locally stored in the database maintained by the memory and separate from the external computer system, to reflect the information associated with the health check (Taught as updated and stored patient profile (P0098, P0121). Also, see storing tracked movement, missed meds and time stamps shown in Fig. 3 using Local Database on PWD mentioned in P0073.).
Therefore, it would have been obvious to one of ordinary skill in the art of senior care management before the effective filing date of the claimed invention to modify the system of Toth and Al-Ali to have communication responses to include locally storing records of the resident’s wearable device, displaced from a living facility, delivered to another living facility, maintained memory of data associated with the resident, determine health checks were performed prompting a response by the resident and updating external record associated with the health check as taught by Narasimhan to provide status and predictive information to the caregiver and/or other relevant healthcare providers mentioned in Narasimhan P0006’s.
Claim 16:
Toth discloses a wearable record device for disaster relief, the wearable record device (See wearable sensor system (P0145-P0146) and pandemics, spreading disease based on physiological monitoring data, natural disasters, terrorism and other emergencies as disasters in Abstract, P0003, P0005, P0184 and P0186. See wearable devices with sensors in Fig. 2A-Fig. 3B and P0157) comprising:
a processing circuit including a processor and memory, the memory having instructions stored thereon that, when executed by the processor, cause the processor (See P0007, P0014-P0015 processor coupled to a memory and non-transitory processor-readable storage medium having stored on executable program code.) to:
receive, from an external computer system, a first indication to associate the wearable record device with a resident of a facility (See notifications in Fig. 3A-Fig. 3C, P0175-P0176 where remote terminals or devices as a local wearable device delivers notifications to a nurse, medical assistant and caregiver at a facility (P0177).);
associate, responsive to receipt of the first indication, the wearable record device with the resident, and wherein associate the wearable record device with the resident (Besides vibrational, acoustic and visual delivered stimuli in response to the received signal in P0102, P0112-P0113, notification settings in P0175 and sleep state feedback mechanism interactive with a user, doctor, nurse and partner in P0100, see feedback via patches in P0103-P0104. Also, see [P0181-P0182] The AI wearable device network 348 also includes a database 366 configured to store the received data, results of analysis on the received data. Also, see P0229, P0261 physiological data stored and updated in database.) includes:
receive, from the external computer system, data associated with the resident (See P0175 where notifications delivered to devices associated with the nurse, medical assistant and caregiver, associated with the user 336, exchanging data including an electronic health record (EHR) (P0068).);
locally store, in the database maintained by the memory and separate from the external computer system, the data associated with the resident for subsequent delivery to a computing device that is associated with a receiving facility (See in-home module facilitate physiological monitoring in [P0261] The database 366 is updated in step 1316 with information regarding the location of the user 336 over time as well as the monitoring and/or treatment data for the user 336.);
receive, from the external computer system, a second indication, wherein the second indication includes information associated with the resident (See both the physiological monitoring data and the health data characterizing the outbreak of the disease in the P0007. Besides wearable device module includes user profile in Fig. 3C, Fig. 4, and P0170, see P0084-P0086 managing the collection of customer preferences, data sets, monitoring sessions and monitoring products or supplies as information associated with the resident.);
update, based on the second indication, the data associated with the resident (Besides updated symptoms, risk factors, sensor thresholds, disease progress algorithms, health and safety notifications in P0222-P0223, see updated database of pandemic data (P0227-P0228), in the form of notifications of pandemic updates (P0238-P0239) received from first responder, essential workforce, local caregiver, hospital, state and local health networks shown in Fig. 10.); and
provide, to a user device, the data associated with the resident (See host devices such as mobile computing device, a smartphone and a tablet computer (P0067-P0068) paired with the wearable device. Besides updated symptoms, risk factors, sensor thresholds, disease progress algorithms, health and safety notifications in P0222-P0223, see updated database of pandemic data (P0227-P0228), in the form of notifications of pandemic updates (P0238-P0239) received from first responder, essential workforce, local caregiver, hospital, state and local health networks shown in Fig. 10.).
Although Toth discloses a wearable record device for disaster relief mentioned above, also worn as a smartphone, in a backpack (P0068), or on the wrist (P0104), Toth does not explicitly teach a wearable wristband device with a strap, hole and pin. Al-Ali teaches:
a wristband that includes a strap, the strap including: a hole; and a pin, the pin configured to couple with the hole; wherein the strap is configured to couple with an object (See Fig. 1D, Fig. 1E, P0010, P0489 wearable device including a smartwatch (P0454) worn around the wrist with holes along the strap for adjusting (P0432), where a buckle with a pin (Fig. 1I-Fig. 1K) can go through the holes of the strap to adjust proper fitting.).
Therefore, it would have been obvious to one of ordinary skill in the art of wearable devices for physiological monitoring before the effective filing date of the claimed invention to modify the system of Toth to include a wearable wristband device with a strap, hole and pin as taught by Al-Ali to provide better contacted fit between the sensor and the wrist.
Although Toth and Al-Ali teach a wearable wristband device with a strap, hole and pin for disaster relief mentioned above, Toth and Al-Ali do not explicitly teach to have communication responses to include locally storing records of the resident’s wearable device, displaced from a living facility, control medical equipment, determine health checks displayed, detected and transmitted. Narasimhan teaches:
locally storing, in a database maintained by the memory and separate from the external computer system, a data record which reflects that the wearable record device is associated with the resident (Taught as storing tracked movement, missed meds and time stamps shown in Fig. 3 using Local Database on PWD mentioned in P0073.);
which is locally stored in the database maintained by the memory and separate from the external computer system, to include the information associated with the resident (Besides Fig. 3 using Local Database on PWD mentioned in P0073, see the displaced resident is taught in P0095-P0096 as patient wandering away from home using GPS and geofencing.);
provide, to the computing device, the data associated with the resident by retrieving the data associated with the resident from the database that is maintained by the memory and separate from the external computer system (Accelerometer, GPS, fall detection and geolocation of the wearable computing device (P0007, P0009, P0028-P0029) directions and location information (P0095) would allow detection arrival at a facility. Also, see [P0049] The PWD is fully functional by itself, and can therefore be used anywhere inside or outside the home, as long as cellular connectivity is available. Also, see synching real-time data to server of step in Fig. 3, and in P0073. Also, see P0095 as tracking movement using GPS and geofencing region/boundaries, before alerting their caregiver with accurate location information.); and
control one or more pieces of medical equipment to perform a health check of the resident (See exemplary Bluetooth weight measuring scale and vitals measuring devise in P0025, P0142.) by:
displaying, via a graphical user interface of the wearable record device, a selectable element to provide an indication to perform the health check (See Fig. 4 include fall detection and vitals collection in P0076-P0077, see monitors such as heart-rate, blood pressure, blood glucose, weight-scale in P0142. Also, see PWD in Fig. 3, P0010 where asking a patient “are you okay?” (R U OK) serves as performing a health check of the resident. Also, see P0009, P0084, P0089.);
detecting, via the graphical user interface of the wearable record device, a selection of the selectable element (See Fig. 6, P00083 selectable elements such as medication dosages and reminders to take pills.); and
transmitting, to the external computer system, a signal to indicate the selection of the selectable element (See exemplary transmitted message to the patient, “Your daughter is reminding you” shown in Fig. 6, P0083. Also, see PWD in Fig. 3, P0010 where asking a patient “are you okay?” (R U OK.).
Therefore, it would have been obvious to one of ordinary skill in the art of senior care management before the effective filing date of the claimed invention to modify the system of Toth and Al-Ali to have communication responses to include locally storing records of the resident’s wearable device, displaced from a living facility, control medical equipment, determine health checks displayed, detected and transmitted as taught by Narasimhan to provide status and predictive information to the caregiver and/or other relevant healthcare providers mentioned in Narasimhan P0006’s.
Claim 20:
Toth discloses a system (See wearable sensor system (P0145-P0146) and pandemics, spreading disease based on physiological monitoring data, natural disasters, terrorism and other emergencies as disasters in Abstract, P0003, P0005, P0184 and P0186. See wearable devices with sensors in Fig. 2A-Fig. 3B and P0157) comprising:
an external computer system including one or more pieces of medical equipment configured to perform a health check (See pandemics, spreading disease based on physiological monitoring data, natural disasters, terrorism and other emergencies as disasters in Abstract, P0003, P0005, P0184 and P0186. See wearable devices with sensors in Fig. 2A-Fig. 3B and P0157.); and
a processing circuit including a processor and memory, the memory having instructions stored thereon that, when executed by the processor, cause the processor (See P0007, P0014-P0015 processor coupled to a memory and non-transitory processor-readable storage medium having stored on executable program code.) to:
receive, from the external computer system, a first indication to associate the wearable record device with a resident of a facility (See notifications in Fig. 3A-Fig. 3C, P0175-P0176 where remote terminals or devices as a local wearable device delivers notifications to a nurse, medical assistant and caregiver at a facility (P0177).);
receive, from the external computer system, data associated with the resident, wherein the data associated with the resident includes at least one health record (See P0175 where notifications delivered to devices associated with the nurse, medical assistant and caregiver, associated with the user 336, exchanging data including an electronic health record (EHR) (P0068).);
receive, from the external computer system, a second indication, wherein the second indication includes information associated with the resident (See both the physiological monitoring data and the health data characterizing the outbreak of the disease in the P0007. Besides wearable device module includes user profile in Fig. 3C, Fig. 4, and P0170, see P0084-P0086 managing the collection of customer preferences, data sets, monitoring sessions and monitoring products or supplies as information associated with the resident.);
update, based on the second indication, the data associated with the resident (Besides updated symptoms, risk factors, sensor thresholds, disease progress algorithms, health and safety notifications in P0222-P0223, see updated database of pandemic data (P0227-P0228), in the form of notifications of pandemic updates (P0238-P0239) received from first responder, essential workforce, local caregiver, hospital, state and local health networks shown in Fig. 10.);
which is locally stored in the database maintained by the memory and separate from the external computer system, to include the information associated with the resident (See in-home module facilitate physiological monitoring in [P0261] The database 366 is updated in step 1316 with information regarding the location of the user 336 over time as well as the monitoring and/or treatment data for the user 336.);
provide, to a user device, the data associated with the resident (See host devices such as mobile computing device, a smartphone and a tablet computer (P0067-P0068) paired with the wearable device.), wherein the user device is associated with at least one of a receiving facility or a caretaker associated with the resident (See Fig. 3A-Fig. 3C, P0175-P0176 remote terminals or devices as a local wearable device delivers notifications to a nurse, medical assistant and caregiver at a facility (P0177).);
control the one or more pieces of medical equipment to perform the health check (See monitoring medical equipment in P0046-P0047.) by:
displaying, via a graphical user interface on the wearable record device, a selectable element to provide an indication to perform the health check (See confirming completion of medical procedures in P0109, see [P0174-P0175] At least a portion of the received information is used to generate notifications or other output via a graphical user interface (GUI) of the wireless gateway 340, the wearable device 302 or another type of local or remote indicator device. Also, see communication tools with a caregiver in P0209-P0210.);
detecting, via the graphical user interface on the wearable record device, a selection of the selectable element (See [P0174-P0175] At least a portion of the received information is used to generate notifications or other output via a graphical user interface (GUI) of the wireless gateway 340, the wearable device 302 or another type of local or remote indicator device.); and
transmitting, to the external computer system, a signal to indicate the selection of the selectable element (See preferences, data sets, and/or monitoring sessions in P0084-P0085 for collecting physiologic data for generating a report.);
wherein receipt of the signal, by the external computer system, causes the one or more pieces of medical equipment to perform the health check (See [P0119- P0120] the modular physiologic monitoring system may operate in a therapeutic mode, in that stimulation is provided when one or more cardiac parameters of a subject indicate some event (e.g., actual, imminent or predicted failure or worsening). The modular physiologic monitoring system, however, may also operate as or provide a type of cardiac “pacemaker” in other embodiments.).
Although Toth discloses a wearable record device for disaster relief mentioned above, also worn as a smartphone, in a backpack (P0068), or on the wrist (P0104) and a wearable record device in communication with the external computer system (P0101, P0117, P0173), Toth does not explicitly teach a wearable device with a strap, hole and pin. Al-Ali teaches:
the wearable record device including: a strap including: a hole; and a pin, the pin configured to couple with the hole, wherein the strap is configured to couple with an object (See Fig. 1D, Fig. 1E, P0010, P0489 wearable device including a smartwatch (P0454) with holes along the strap for adjusting (P0432), where a buckle with a pin (Fig. 1I-Fig. 1K) can go through the holes of the strap to adjust proper fitting.).
Therefore, it would have been obvious to one of ordinary skill in the art of wearable devices for physiological monitoring before the effective filing date of the claimed invention to modify the system of Toth to include a wearable device with a strap, hole and pin as taught by Al-Ali to provide better contacted fit between the sensor and the wrist.
responsive to receipt of the first indication to associate the wearable record device (See PWD in Fig. 3, P0010 where asking a patient “are you okay?” (R U OK) serves as responsive to receipt.):
locally store, in a database maintained by the memory and separate from the external computer system, a data record which reflects that the wearable record device is associated with the resident (Taught as storing tracked movement, missed meds and time stamps shown in Fig. 3 using Local Database on PWD mentioned in P0073.); and
transmit one or more signals to the external computer system to provide confirmation that the wearable record device is associated with the resident (Taught as PWD system communicating time stamps and current location shown in Fig. 3, mentioned in P0012, P0084-P0086, P0095.);
locally store, in the database maintained by the memory and separate from the external computer system, the data associated with the resident for subsequent delivery to a computing device associated with a receiving facility (Taught as PWD system communicating time stamps and current location shown in Fig. 3, mentioned in P0012, P0084-P0086, P0095.); and
provide, to the computing device, the data associated with the resident by retrieving the data associated with the resident from the database that is maintained by the memory and separate from the external computer system (Accelerometer, GPS, fall detection and geolocation of the wearable computing device (P0007, P0009, P0028-P0029) directions and location information (P0095) would allow detection arrival at a facility. Also, see [P0049] The PWD is fully functional by itself, and can therefore be used anywhere inside or outside the home, as long as cellular connectivity is available.).
Therefore, it would have been obvious to one of ordinary skill in the art of senior care management before the effective filing date of the claimed invention to modify the system of Toth and Al-Ali to have communication responses to include locally storing records of the resident’s wearable device, displaced from a living facility, delivered to another living facility, maintained memory of data associated with the resident, determine health checks were performed prompting a response by the resident and updating external record associated with the health check as taught by Narasimhan to provide status and predictive information to the caregiver and/or other relevant healthcare providers mentioned in Narasimhan P0006’s.
Regarding claim 5, Toth discloses the wearable record device of claim 1, wherein the instructions cause the processor to: display, via a graphical user interface on the wearable record device, a notice to indicate that the resident is associated with the wearable record device (See [P0174-P0175] At least a portion of the received information is used to generate notifications or other output via a graphical user interface (GUI) of the wireless gateway 340, the wearable device 302 or another type of local or remote indicator device.); and update the graphical user interface to display at least a portion of the information associated with the resident responsive to receipt of the information associated with the resident (Besides wearable device module includes user profile in Fig. 3C, Fig. 4, and P0170, see P0084-P0086 managing the collection of customer preferences, data sets, monitoring sessions and monitoring products or supplies as information associated with the resident.).
Regarding claim 6, Toth discloses the wearable record device of claim 1, wherein the instructions cause the processor to: display, via a graphical user interface on the wearable record device, a prompt to associate the wearable record device with the resident; and detect, via the graphical user interface on the wearable record device, a selection of the prompt to associate the wearable record device with the resident (See messages concerning sensor data in P0201, P0210 and [P0250] The sensor data may be used to quantitatively assess physiological monitoring symptoms, which thereby prompts a user interaction sequence wherein the user is able to qualitatively evaluate physical health, emotional mood, energy level, pain level, etc.).
Regarding claim 7, Toth discloses the wearable record device of claim 6, wherein the instructions cause the processor to: update the graphical user interface on the wearable record device to include an indication that the wearable record device is associated with the resident;
update, responsive to receipt of the information associated with the resident, the graphical user interface to include a prompt to store the information associated with the resident (See in-home module facilitate physiological monitoring in [P0261] The database 366 is updated in step 1316 with information regarding the location of the user 336 over time as well as the monitoring and/or treatment data for the user 336.); and store, in the memory, responsive to detection of a selection of the prompt to store the information associated with the resident, the information associated with the resident (Besides vibrational, acoustic and visual delivered stimuli in response to the received signal in P0102, P0112-P0113, notification settings in P0175 and sleep state feedback mechanism interactive with a user, doctor, nurse and partner in P0100, see feedback via patches in P0103-P0104.).
Regarding claim 8, Toth discloses the wearable record device of claim 1, wherein the data associated with the resident is provided to the computing device responsive to receipt of a request, from the computing device, for the data associated with the resident (See [P0208] A local caregiver event is detected in step 616. A local caregiver event is associated with a signature of sensor data from the wearable device 302, or a user request, that indicates an event which may need treatment or advisement from one or more of the local caregiver networks 374. Also, see P0214.).
Regarding claim 9, Toth discloses the wearable record device of claim 8, wherein the instructions cause the processor to: transmit a signal, to the computing device, to provide the data associated with the resident to the computing device; wherein receipt of the signal, by the user device, causes the computing device to display the data associated with the resident (See preferences, data sets, and/or monitoring sessions in P0084-P0085 for collecting physiologic data for generating a report, [P0119- P0120] the modular physiologic monitoring system may operate in a therapeutic mode, in that stimulation is provided when one or more cardiac parameters of a subject indicate some event (e.g., actual, imminent or predicted failure or worsening). The modular physiologic monitoring system, however, may also operate as or provide a type of cardiac “pacemaker” in other embodiments.).
Regarding claim 14, Toth and Al-Ali teach the wearable record device of claim 1, mentioned above and Toth discloses wherein the instructions cause the processor to: identify, responsive to receipt of the information associated with the resident, one or more differences between the data associated with the resident and the information associated with the resident (See P0112, P0188 and P0201 where thresholds serve as differences between the data associated with the resident and the information associated with the resident.);
update, based on the one or more differences, one or more portions of the data associated with the resident to reflect the one or more portions of the information associated with the resident(Besides updated symptoms, risk factors, sensor thresholds, disease progress algorithms, health and safety notifications in P0222-P0223, see updated database of pandemic data (P0227-P0228), in the form of notifications of pandemic updates (P0238-P0239) received from first responder, essential workforce, local caregiver, hospital, state and local health networks shown in Fig. 10.); and
store, in the memory, the data associated with the resident responsive to updating the data associated with the resident to reflect the one or more portions of the information associated with the resident (See confirming completion of medical procedures in P0109, see [P0174-P0175] At least a portion of the received information is used to generate notifications or other output via a graphical user interface (GUI) of the wireless gateway 340, the wearable device 302 or another type of local or remote indicator device. Also, see communication tools with a caregiver in P0209-P0210.).
Regarding claim 19, Toth discloses the wearable record device of claim 16, wherein the instructions cause the processor to: display, via the graphical user interface on the wearable record device, a prompt to associate the wearable record device with the resident; detect, via the graphical user interface on the wearable record device, a selection of the prompt to associate the wearable record device with the resident (See messages concerning sensor data in P0201, P0210 and [P0250] The sensor data may be used to quantitatively assess physiological monitoring symptoms, which thereby prompts a user interaction sequence wherein the user is able to qualitatively evaluate physical health, emotional mood, energy level, pain level, etc.).);
update the graphical user interface on the wearable record device to include a notice to indicate that the resident is associated with the wearable record device (See P0084-P0086 managing the collection of customer preferences, data sets, monitoring sessions and monitoring products or supplies as information associated with the resident.) and
update the graphical user interface to display at least a portion of the information associated with the resident responsive to receipt of the information associated with the resident (See in-home module facilitate physiological monitoring in [P0261] The database 366 is updated in step 1316 with information regarding the location of the user 336 over time as well as the monitoring and/or treatment data for the user 336.).
Claims 3-4, 12-13 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Toth (US 2023/0240529 A1) in view of Al-Ali (US 2023/0028745 A1) further in view of Narasimhan (US 2021/0151176 A1) and Leipzig (US 9,020,476 B2).
Regarding claim 3, Toth discloses the wearable record device of claim 1, wherein the external computer system further comprises one or more pieces of medical equipment configured to perform the health check, and wherein the instructions cause the processor to control the one or more pieces of medical equipment to perform the health check (See systems include monitoring equipment in P0047, the systems with exemplary devices and equipment in [P0133-P0135] to provide a stimulus to the subject in response to a command, feedback signal or control signal generated based on measurement of one or more physiologic parameters of the subject utilizing one or more sensing devices.),
wherein receipt of the signal, by the external computer system, causes the one or more pieces of medical equipment to perform the health check (See medical equipment measuring vital signs (P0046) and patch generated EKG signal (P0090-P0092) are forms of performing health checks in an ambulatory setting.).
Although Toth and Al-Ali teach the wearable record device of claim 1, with a graphical user interface mentioned above, Toth, Al-Ali and Narasimhan do not explicitly teach when the graphical user interface is used for a selectable element to provide an indication to perform the health check, detecting a selection and transmitting a signal to indicate the selection of the selectable element. Leipzig teaches by:
displaying, via a graphical user interface, a selectable element to provide an indication to perform the health check (See Fig. 3, Fig. 9-Fig. 11 initiating automatic check-in display screen mentioned in column 25, lines 33-56.);
detecting, via the graphical user interface, a selection of the selectable element (See mobile phone include automatic fall detection mentioned in column 9, line 59 to column 10, line 14, and remote camera monitoring in column 9, line 59 to column 10, line 14.); and
transmitting, to the external computer system, a signal to indicate the selection of the selectable element (See Fig. 17, column 21, lines 7-21 algorithm polling the mobile phone as transmitting to indicated accelerometer or orientation of a user who has fallen. Also, see transmitted event notification if the user is idle mentioned in column 22, lines 48-63.).
Therefore, it would have been obvious to one of ordinary skill in the art of remote care monitoring before the effective filing date of the claimed invention to modify the system of Toth, Al-Ali and Narasimhan to include when the graphical user interface is used for a selectable element to provide an indication to perform the health check, detecting a selection and transmitting a signal to indicate the selection of the selectable element as taught by Leipzig to provide users medical care information, daily care instruction, alerts, reminders, general assistance, immediately connect to the users’ phone without them answering mentioned in Leipzig’s column 1, lines 19-28.
Regarding claim 4, although Toth, Al-Ali and Narasimhan teach the wearable record device of claim 3, wherein the instructions cause the processor mentioned above, Toth and Al-Ali do not explicitly teach receiving information associated with performance of the health check and update, responsive to receipt of the information associated with performance of the health check. Leipzig teaches to:
receive, from the external computer system, information associated with performance of the health check (See Fig. 19 show status and wellness checks are performed via the process mentioned in column 31, line 63 to column 32, line 18.); and update, responsive to receipt of the information associated with performance of the health check, the data associated with the resident to reflect the information associated with performance of the health check (See status of wellness check-in in column 20, line 65 to column 21, line 7.).
Therefore, it would have been obvious to one of ordinary skill in the art of remote care monitoring before the effective filing date of the claimed invention to modify the system of Toth, Al-Ali and Narasimhan to include receiving information associated with performance of the health check and update, responsive to receipt of the information associated with performance of the health check as taught by Leipzig to provide users medical care information, daily care instruction, alerts, reminders, general assistance, immediately connect to the users’ phone without them answering mentioned in Leipzig’s column 1, lines 19-28.
Regarding claim 12, although Toth, Al-Ali and Narasimhan teach the wearable record device of claim 1, mentioned above, Toth, Al-Ali and Narasimhan do not explicitly teach displaying a notice to indicate performance of the health check, detecting a selection of a selectable element indicating a request and updating the information associated with the health check. Leipzig teaches wherein the instructions cause the processor to:
display a graphical user interface on the wearable record device including a notice to indicate performance of the health check (See Fig. 3, Fig. 9-Fig. 11 initiating automatic check-in display screen mentioned in column 25, lines 33-56.);
detect, via the graphical user interface on the wearable record device, a selection of a selectable element indicating a request to display the information associated with the health check (See mobile phone include automatic fall detection mentioned in column 9, line 59 to column 10, line 14, and remote camera monitoring in column 9, line 59 to column 10, line 14. Also, see column 27, lines 31-45 log of data such as wellness checks and reminders.); and
update the graphical user interface on the wearable record device to include the information associated with the health check (See Fig. 17, column 21, lines 7-21 algorithm polling the mobile phone as transmitting to indicated accelerometer or orientation of a user who has fallen.).
Therefore, it would have been obvious to one of ordinary skill in the art of remote care monitoring before the effective filing date of the claimed invention to modify the system of Toth, Al-Ali and Friedman to include displaying a notice to indicate performance of the health check, detecting a selection of a selectable element indicating a request and updating the information associated with the health check as taught by Leipzig to provide users medical care information, daily care instruction, alerts, reminders, general assistance, immediately connect to the users’ phone without them answering mentioned in Leipzig’s column 1, lines 19-28.
Regarding claim 13, Toth, Al-Ali and Narasimhan teach the wearable record device of claim 12, mentioned above, and Toth further discloses wherein performance of the health check includes determination at least one of: a body temperature; a blood glucose measurement; an electrocardiogram test; or a blood oxygen level (See pulse oximetry (P0046) and monitor an electrocardiogram (EKG) of a subject (P0072-P0073).).
Regarding claim 18, although Toth, Al-Ali and Narasimhan teach the wearable record device of claim 16, mentioned above, Toth, Al-Ali and Narasimhan do not explicitly teach receiving information associated with performance of the health check and update, responsive to receipt of the information associated with performance of the health check. Leipzig teaches to:
receive, from the external computer system, information associated with performance of the health check (See Fig. 19 show status and wellness checks are performed via the process mentioned in column 31, line 63 to column 32, line 18.); and update, responsive to receipt of the information associated with performance of the health check, the data associated with the resident to reflect the information associated with performance of the health check (See status of wellness check-in in column 20, line 65 to column 21, line 7.).
Therefore, it would have been obvious to one of ordinary skill in the art of remote care monitoring before the effective filing date of the claimed invention to modify the system of Toth, Al-Ali and Narasimhan to include receiving information associated with performance of the health check and update, responsive to receipt of the information associated with performance of the health check as taught by Leipzig to provide users medical care information, daily care instruction, alerts, reminders, general assistance, immediately connect to the users’ phone without them answering mentioned in Leipzig’s column 1, lines 19-28.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Toth (US 2023/0240529 A1) in view of Al-Ali (US 2023/0028745 A1) further in view of Narasimhan (US 2021/0151176 A1) and Friedman (US 2023/0013837 A1).
Regarding claim 10, although Toth, Al-Ali and Narasimhan teach the wearable record device of claim 1, mentioned above, Toth, Al-Ali and Narasimhan do not explicitly teach when the graphical user interface is used for a selectable element associated with detecting the wearable record device and providing updates including the data associated with the resident. Friedman teaches wherein the instructions cause the processor to:
display a graphical user interface on the wearable record device, the graphical user interface including a selectable element to display the data associated with the resident (See Fig. 11, Fig. 12, P0033-P0034 and [P0013] particularly when there might be more than one peripheral monitoring device of a given type in the same vicinity (e.g., there are two or more patients in the same household or care facility, each using their own gateway device 110).);
detect, via the graphical user interface on the wearable record device, a selection of the selectable element (See exemplary remote patient monitoring RPM (P0018) measurement indicate an alert when out of parameters in P0029.); and
update the graphical user interface on the wearable record device to include the data associated with the resident (See status display in Abstract and 0029.).
Therefore, it would have been obvious to one of ordinary skill in the art of remote patient monitoring before the effective filing date of the claimed invention to modify the system of Toth, Al-Ali and Narasimhan to include when the graphical user interface is used for a selectable element associated with detecting the wearable record device and providing updates including the data associated with the resident as taught by Friedman to develop a personalized care plan and to engage in joint decision-making to foster better outcomes mentioned in Friedman’s P0002.
Response to Arguments
Applicant argues that claim 1 does not recite any abstract idea as a certain method of organizing human activity or mental process. see pgs. 12-15 of Remarks – Examiner disagrees.
An agency or organization would provide services for a resident displaced by a disaster. Social workers, government housing agencies and FEMA are examples of such entities, which are heavily relied upon by human performing mental and physical activities.
Applicant argues that claim 1 is integrated into a practical application as technical improvement and particular machine. see pgs. 12-15 of Remarks – Examiner disagrees.
The instant case lacks technology to determine whether the resident is: 1) in a disastrous situation, 2) displaced from a facility, or 3) has health checks that were performed. Rather, humans are heavily relied upon for reporting and managing emergencies, evacuations, catastrophic events and server weather. Humans are also heavily relied upon for performing wellness checks, collecting vitals and asking questions about the resident’s well-being and location. Technologies and particular machine-like robots to perform tasks and geofencing to detect the resident’s location are not claimed in a way that integrated into a practical application.
Regarding the prior art rejection, Applicant’s arguments have been fully considered, but are now moot in view of the new grounds of rejection. The Examiner has entered a new rejection under 35 USC § 103 and applied new art and art already of record.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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/T.S.W./Examiner, Art Unit 3687 03/07/2026
/ALAAELDIN M. ELSHAER/Primary Examiner, Art Unit 3687