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 .
Response to Amendment
This office action is responsive to the amendment filed on 2/27/2026. As directed by the amendment, the status of the claim(s) are:
Claim(s) 1-4, 7-13 has/have been amended;
Claim(s) 1-13 is/are presently pending.
The amendment(s) to the claim(s) is sufficient to obviate the 35 U.S.C. 112(f) interpretation(s) from the previous office action(s).
The amendment(s) to the claim(s) is sufficient to overcome the 35 U.S.C. 101 rejection(s) from the previous office action.
Response to Arguments
Applicant argues on p. 7, specifically on p. 9 that the prior art of record, Venkatraman does not teach the recited features. After review, this is not persuasive. As annotated in Fig. 2A of Venkatraman, the recited “biological information measurement device” includes the sensors of 175, 102, 174 as well as the transmitting device 132 and the recited “terminal” is the receiving device 152:
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Venkatraman teaches that transmitting device 132 monitors signal quality and depending on signal quality being over a threshold, transmits to receiving device 152 and/or server 180 for AI analysis and/or storage ([0090] “monitor a signal quality…each device’s signal quality may be monitored individually…the transmitting device may monitor a respective signal quality of both the ECG and audio data. Responsive to the respective signal quality of ECG data or audio data greater than a respective signal quality threshold, the transmitting device may automatically initiate…which may include transmitting biological sensor data (ECG and audio data) and/or AI-based analysis of the biological sensor data (both ECG and audio data) from the monitoring device 102, which may include transmitting biological sensor data to the central server for AI-analysis.…if signal quality of ECG data is greater than an ECG quality threshold but audio data is less than an audio data quality threshold, only ECG data may be analyzed”; [0091] “Further, the signal quality of biological sensor data may be based on efficiency of biological sensor data transmission from the monitoring device to the transmitting device or from the transmitting device to the server, depending on the device that performs the signal quality check…As a non-limiting example, at the transmitting device, responsive to receiving biological sensor data from a monitoring device, a transmission efficiency (e.g., packet loss rate) may be evaluated, and further a signal quality metric of the received biological sensor data (either individual sensor data or cumulative) may be determined, and the automatic initiation of AI-based analysis and/or storage of the received biological sensor data may be based on the transmission efficiency and the signal quality metric being greater than the respective thresholds”; [0163] “processing the acquired biological sensor data…is performed in response to a signal quality of the acquired biological sensor data greater than a threshold”).
Venkatraman further teaches that output of AI analysis is transmitted back to “transmitting device and/or the monitoring device” which reads on the recited “biological measurement device” (Fig. 1-2A, UI 148; Fig. 3-4; Fig. 7, 718, 720; [0041]; [0043]; [0070]; [0079]; [0090]; [0092]; [0138] “For example, the trained algorithm may be a neural network or similar artificial intelligence (AI) system…The output of the trained algorithm…may be heard via the transmitting device and/or receiving device. As described in further detail below, the output may be rendered in a graphical user interface (GUI) of an application…running on the receiving device, the transmitting device, and/or the monitoring device”).
The citations to the claim mapping below has been further detailed in order to further clarify based upon Applicant remarks. This does not constitute new ground(s) of rejection; MPEP 1207.03 Factual Situations That Do Not Constitute a New Ground of Rejection 1. Citing a different portion of a reference to elaborate upon that which has been cited previously.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-13 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Venkatraman (US 20220054008 A1; Filed 8/19/2020; cited in previous office action).
Regarding claim 1, Venkatraman teaches a biological information measurement system (Fig. 1) comprising:
a biological information measurement device (Fig. 1, 175, 174, 102, 132); and
a terminal that is portable (Fig. 1, 152; [0030]; [0043]),
wherein the biological information measurement device comprises:
a measurer that measures at least first information related to a living body and second information related to the living body (Fig. 1, 174, 175; [0090]);
a first processor that executes first processing related to display and/or diagnosis of the first information measured by the measurer (Fig. 1-2A; [0040]; [0090]);
a quality determiner that determines whether the second information is analyzable ([0090] “monitor a signal quality…each device’s signal quality may be monitored individually…the transmitting device may monitor a respective signal quality of both the ECG and audio data. Responsive to the respective signal quality of ECG data or audio data greater than a respective signal quality threshold, the transmitting device may automatically initiate…which may include transmitting biological sensor data (ECG and audio data) and/or AI-based analysis of the biological sensor data (both ECG and audio data) from the monitoring device 102, which may include transmitting biological sensor data to the central server for AI-analysis.…if signal quality of ECG data is greater than an ECG quality threshold but audio data is less than an audio data quality threshold, only ECG data may be analyzed”; [0091] “Further, the signal quality of biological sensor data may be based on efficiency of biological sensor data transmission from the monitoring device to the transmitting device or from the transmitting device to the server, depending on the device that performs the signal quality check…As a non-limiting example, at the transmitting device, responsive to receiving biological sensor data from a monitoring device, a transmission efficiency (e.g., packet loss rate) may be evaluated, and further a signal quality metric of the received biological sensor data (either individual sensor data or cumulative) may be determined, and the automatic initiation of AI-based analysis and/or storage of the received biological sensor data may be based on the transmission efficiency and the signal quality metric being greater than the respective thresholds”; [0163] “processing the acquired biological sensor data…is performed in response to a signal quality of the acquired biological sensor data greater than a threshold”); and
a communicator that communicates the second information determined to be analyzable to the terminal ([0090] “monitor a signal quality…each device’s signal quality may be monitored individually…the transmitting device may monitor a respective signal quality of both the ECG and audio data. Responsive to the respective signal quality of ECG data or audio data greater than a respective signal quality threshold, the transmitting device may automatically initiate…which may include transmitting…if signal quality of ECG data is greater than an ECG quality threshold but audio data is less than an audio data quality threshold, only ECG data may be analyzed”);
the terminal comprises:
a receiver that receives the second information from the biological information measurement device (Fig. 1-2A, 152);
a second processor that executes, in parallel with the first processor, second processing related to display and/or diagnosis of the second information received by the receiver (Fig. 1-2A; Fig. 7, 718, 720; [0030]; [0043]; [0044]; [0163] claim 3 “in parallel”; the reference is teaching measuring multiple sensor data and analyzing/processing the different data and so reads on the recited “in parallel with the first processing”); and
a transmitter that transmits the second information after the second processing is executed by the second processor to the biological information measurement device (Fig. 1-2A; Fig. 7, 718, 720; [0138] “For example, the trained algorithm may be a neural network or similar artificial intelligence (AI) system…The output of the trained algorithm…may be heard via the transmitting device and/or receiving device. As described in further detail below, the output may be rendered in a graphical user interface (GUI) of an application…running on the receiving device, the transmitting device, and/or the monitoring device”; the reference is teaching that output of AI analysis is transmitted back to “transmitting device and/or the monitoring device” which reads on the recited “biological measurement device”), and
the biological information measurement device further comprises a first display that displays the first information after the first processing is executed by the first processor and the second information transmitted to the biological information measurement device by the transmitter after the second processing is executed by the second processor (Fig. 1-2A, UI 148; Fig. 3-4; Fig. 7, 718, 720; [0041]; [0043]; [0070]; [0079]; [0090]; [0092]; [0138] “For example, the trained algorithm may be a neural network or similar artificial intelligence (AI) system…The output of the trained algorithm…may be heard via the transmitting device and/or receiving device. As described in further detail below, the output may be rendered in a graphical user interface (GUI) of an application…running on the receiving device, the transmitting device, and/or the monitoring device”; the reference is teaching that output of AI analysis is transmitted back to “transmitting device and/or the monitoring device” which reads on the recited “biological measurement device”).
Regarding claim 2, Venkatraman teaches wherein the terminal further comprises a second display that displays the second information on which the second processing is executed by the second processor (Fig. 1-2A, 168; [0043]; [0138] “graphical user interface (GUI)”).
Regarding claim 3, Venkatraman teaches a biological information measurement recording medium configured to cause a computer to execute (Fig. 1):
a measuring step of measuring at least first information related to a living body and second information related to the living body with a biological information measurement device (Fig. 1, 175, 174, 102, 132; [0090]);
a first processing step of executing, with the biological information measurement device, first processing related to display and/or diagnosis of the first information measured in the measuring step in the biological information measurement device (Fig. 1-2A; [0040]; [0090]);
a quality determining step of determining, with the biological information measurement device, whether the second information measured in the measuring step is analyzable ([0090] “monitor a signal quality…each device’s signal quality may be monitored individually…the transmitting device may monitor a respective signal quality of both the ECG and audio data. Responsive to the respective signal quality of ECG data or audio data greater than a respective signal quality threshold, the transmitting device may automatically initiate…which may include transmitting biological sensor data (ECG and audio data) and/or AI-based analysis of the biological sensor data (both ECG and audio data) from the monitoring device 102, which may include transmitting biological sensor data to the central server for AI-analysis.…if signal quality of ECG data is greater than an ECG quality threshold but audio data is less than an audio data quality threshold, only ECG data may be analyzed”; [0091] “Further, the signal quality of biological sensor data may be based on efficiency of biological sensor data transmission from the monitoring device to the transmitting device or from the transmitting device to the server, depending on the device that performs the signal quality check…As a non-limiting example, at the transmitting device, responsive to receiving biological sensor data from a monitoring device, a transmission efficiency (e.g., packet loss rate) may be evaluated, and further a signal quality metric of the received biological sensor data (either individual sensor data or cumulative) may be determined, and the automatic initiation of AI-based analysis and/or storage of the received biological sensor data may be based on the transmission efficiency and the signal quality metric being greater than the respective thresholds”; [0163] “processing the acquired biological sensor data…is performed in response to a signal quality of the acquired biological sensor data greater than a threshold”);
a first transmitting step of transmitting, from the biological information measurement device and to a terminal that is portable, the second information determined to be analyzable ([0090] “monitor a signal quality…each device’s signal quality may be monitored individually…the transmitting device may monitor a respective signal quality of both the ECG and audio data. Responsive to the respective signal quality of ECG data or audio data greater than a respective signal quality threshold, the transmitting device may automatically initiate…which may include transmitting…if signal quality of ECG data is greater than an ECG quality threshold but audio data is less than an audio data quality threshold, only ECG data may be analyzed”);
a first receiving step of receiving, at the terminal, the second information transmitted from the biological information measurement device in the first transmitting step (Fig. 1-2A, 152);
a second processing step of executing in parallel with the first processing, at the terminal, second processing related to display and/or diagnosis of the second information received in the first receiving step (Fig. 1-2A; Fig. 7, 718, 720; [0030]; [0043]; [0044]; [0163] claim 3 “in parallel”; the reference is teaching measuring multiple sensor data and analyzing/processing the different data and so reads on the recited “in parallel with the first processing”);
a second transmitting step of transmitting, from the terminal and to the biological information measurement device, the second information on which the second processing is executed in the second processing step (Fig. 1-2A; Fig. 7, 718, 720; [0138] “For example, the trained algorithm may be a neural network or similar artificial intelligence (AI) system…The output of the trained algorithm…may be heard via the transmitting device and/or receiving device. As described in further detail below, the output may be rendered in a graphical user interface (GUI) of an application…running on the receiving device, the transmitting device, and/or the monitoring device”; the reference is teaching that output of AI analysis is transmitted back to “transmitting device and/or the monitoring device” which reads on the recited “biological measurement device”);
a second receiving step of receiving, at the biological information measurement device, the second information on which the second processing is executed, the second information transmitted from the terminal in the second transmitting step (Fig. 1-2A; Fig. 7, 718, 720; [0138] “For example, the trained algorithm may be a neural network or similar artificial intelligence (AI) system…The output of the trained algorithm…may be heard via the transmitting device and/or receiving device. As described in further detail below, the output may be rendered in a graphical user interface (GUI) of an application…running on the receiving device, the transmitting device, and/or the monitoring device”; the reference is teaching that output of AI analysis is transmitted back to “transmitting device and/or the monitoring device” which reads on the recited “biological measurement device”); and
a displaying step of displaying, at the biological information measurement device, the first information after executing the first processing and the second information after executing the second processing received in the second receiving step (Fig. 1-2A, UI 148; Fig. 3-4; Fig. 7, 718, 720; [0041]; [0043]; [0070]; [0079]; [0090]; [0092]; [0138] “For example, the trained algorithm may be a neural network or similar artificial intelligence (AI) system…The output of the trained algorithm…may be heard via the transmitting device and/or receiving device. As described in further detail below, the output may be rendered in a graphical user interface (GUI) of an application…running on the receiving device, the transmitting device, and/or the monitoring device”; the reference is teaching that output of AI analysis is transmitted back to “transmitting device and/or the monitoring device” which reads on the recited “biological measurement device”.
Regarding claim 4, Venkatraman teaches a biological information measurement device (Fig. 1) comprising:
a measurer that measures at least first information related to a living body and second information related to the living body (Fig. 1, 175, 174, 102, 132; [0090]);
a first processor that executes first processing related to display and/or diagnosis of the first information measured by the measurer (Fig. 1-2A; [0040]; [0090]);
a quality determiner that determines whether the second information measured by the measurer is analyzable ([0090] “monitor a signal quality…each device’s signal quality may be monitored individually…the transmitting device may monitor a respective signal quality of both the ECG and audio data. Responsive to the respective signal quality of ECG data or audio data greater than a respective signal quality threshold, the transmitting device may automatically initiate…which may include transmitting biological sensor data (ECG and audio data) and/or AI-based analysis of the biological sensor data (both ECG and audio data) from the monitoring device 102, which may include transmitting biological sensor data to the central server for AI-analysis.…if signal quality of ECG data is greater than an ECG quality threshold but audio data is less than an audio data quality threshold, only ECG data may be analyzed”; [0091] “Further, the signal quality of biological sensor data may be based on efficiency of biological sensor data transmission from the monitoring device to the transmitting device or from the transmitting device to the server, depending on the device that performs the signal quality check…As a non-limiting example, at the transmitting device, responsive to receiving biological sensor data from a monitoring device, a transmission efficiency (e.g., packet loss rate) may be evaluated, and further a signal quality metric of the received biological sensor data (either individual sensor data or cumulative) may be determined, and the automatic initiation of AI-based analysis and/or storage of the received biological sensor data may be based on the transmission efficiency and the signal quality metric being greater than the respective thresholds”; [0163] “processing the acquired biological sensor data…is performed in response to a signal quality of the acquired biological sensor data greater than a threshold”);
a communicator that communicates the second information determined to be analyzable to an external device ([0090] “monitor a signal quality…each device’s signal quality may be monitored individually…the transmitting device may monitor a respective signal quality of both the ECG and audio data. Responsive to the respective signal quality of ECG data or audio data greater than a respective signal quality threshold, the transmitting device may automatically initiate…which may include transmitting…if signal quality of ECG data is greater than an ECG quality threshold but audio data is less than an audio data quality threshold, only ECG data may be analyzed”) including a second processor that executes, in parallel with the first processing, second processing related to display and/or diagnosis of the second information (Fig. 1-2A; [0030]; [0043]; [0044]; [0163] claim 3 “in parallel”; the reference is teaching measuring multiple sensor data and analyzing/processing the different data and so reads on the recited “in parallel with the first processing”); and
a display unit that displays the first information on which the first processing is executed by the first processor and the second information after execution of the second processing by the external device (Fig. 1-2A, UI 148; Fig. 3-4; Fig. 7, 718, 720; [0041]; [0043]; [0070]; [0079]; [0090]; [0092]; [0138] “For example, the trained algorithm may be a neural network or similar artificial intelligence (AI) system…The output of the trained algorithm…may be heard via the transmitting device and/or receiving device. As described in further detail below, the output may be rendered in a graphical user interface (GUI) of an application…running on the receiving device, the transmitting device, and/or the monitoring device”).
Regarding claim 5, Venkatraman teaches wherein the first information includes blood pressure information (Fig. 1-2A, Blood pressure monitor 177; [0090]), and
the second information includes cardiac action potential information (Fig. 1-2A, ECG sensor(s) 124).
Regarding claim 6, Venkatraman teaches wherein the second processing includes filtering processing on a waveform of the cardiac action potential and determination processing related to a cardiac function (Fig. 7; [0024]; [0040] “filtered”; [0051] “heart condition”; [0091]; [0112] “filtering; [0120]; [0163] “artificial intelligence algorithm”).
Regarding claim 7, Venkatraman teaches wherein the second information includes at least one piece of information about blood pressure, a pulse wave, percutaneous arterial blood oxygen saturation, an action potential generated from a muscle fiber, acceleration of the biological information measurement device in a predetermined direction, transmission or reflection intensity of light emitted from the biological information measurement device, ambient temperature of the biological information measurement device, or body temperature of a measurement subject to which the biological information measurement device is adapted to be attached (Fig. 1-2A; claim 2).
Regarding claim 8, Venkatraman teaches wherein the display synchronizes timing of displaying the first information on which the first processing is executed by the first processor and timing of displaying the second information on which the second processing is executed by the second processor (Fig. 1-3, 324; [0101]; [0107]; [0165]; claim 1; claim 3).
Regarding claim 9, Venkatraman teaches wherein the second information includes at least one piece of information about blood pressure, a pulse wave, percutaneous arterial blood oxygen saturation, an action potential generated from a muscle fiber, acceleration of the biological information measurement device in a predetermined direction, transmission or reflection intensity of light emitted from the biological information measurement device, ambient temperature of the biological information measurement device, or body temperature of a measurement subject to which the biological information measurement device is adapted to be attached (Fig. 1-2A; claim 2).
Regarding claim 10, Venkatraman teaches wherein the second information includes at least one piece of information about blood pressure, a pulse wave, percutaneous arterial blood oxygen saturation, an action potential generated from a muscle fiber, acceleration of the biological information measurement device in a predetermined direction, transmission or reflection intensity of light emitted from the biological information measurement device, ambient temperature of the biological information measurement device, or body temperature of a measurement subject to which the biological information measurement device is adapted to be attached (Fig. 1-2A; claim 2).
Regarding claim 11, Venkatraman teaches wherein the display synchronizes timing of displaying the first information on which the first processing is executed by the first processor and timing of displaying the second information on which the second processing is executed by the second processor (Fig. 1-3, 324; [0101]; [0107]; [0165]; claim 1; claim 3).
Regarding claim 12, Venkatraman teaches wherein the display synchronizes timing of displaying the first information on which the first processing is executed by the first processor and timing of displaying the second information on which the second processing is executed by the second processor (Fig. 1-3, 324; [0101]; [0107]; [0165]; claim 1; claim 3).
Regarding claim 13, Venkatraman teaches wherein the display synchronizes timing of displaying the first information on which the first processing is executed by the first processor and timing of displaying the second information on which the second processing is executed by the second processor (Fig. 1-3, 324; [0101]; [0107]; [0165]; claim 1; claim 3).
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.
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/JONATHAN T KUO/ Primary Examiner, Art Unit 3792