DETAILED ACTION
Response to Amendment
This action is in response to the amendment filed on September 30, 2025. Claims 1-20 have been amended. Claims 1-20 have been examined and are currently pending.
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 .
Inventorship
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Mazar et al. US Publication 20160228060 A1 in view of Embrechts et al. US Publication 20190058994 A1 further in view of Wang et al. US Publication 20130316652 A1.
Claim 1:
As per claim 1, Mazar teaches a wearable mobile monitoring device comprising:
a sensor (paragraph 0026 “…The patient worn sensor 102 can be, for example, a 6-lead ECG sensor having I, II, III, aVL, aVR, and aVF leads. Other vital signs that can be monitored by the patient worn sensor 102 can include blood pressure, body temperature, respiratory rate, blood oxygenation, blood glucose level, hydration levels and perspiration. In some implementations, the patient worn sensor 102 can include a sensor housing for storing electrical components for processing signals received from and detected in association with the patient and for transmitting information to other devices…”),
a processor (paragraph 0055 “The sensor housing 110 includes a circuit board 134 that includes various processing components implemented as integrated chips and other electrical components. The circuit board 134 can include one or more processors for processing signals received from a patient as well as one or more communications modules for communicating with other computing devices using one or more communications protocols (e.g., Bluetooth, WiFi, cellular communication, etc.)…”),
a first wireless communication unit, and a second wireless communication unit (paragraph 0055 “The sensor housing 110 includes a circuit board 134 that includes various processing components implemented as integrated chips and other electrical components. The circuit board 134 can include one or more processors for processing signals received from a patient as well as one or more communications modules for communicating with other computing devices using one or more communications protocols (e.g., Bluetooth, WiFi, cellular communication, etc.)…”);
wherein:
the sensor is configured to acquire a signal which characterizes at least one vital sign parameter of a human body (paragraphs 0026 and 0028-0030 “…The patient worn sensor 102 can be, for example, a 6-lead ECG sensor having I, II, III, aVL, aVR, and aVF leads. Other vital signs that can be monitored by the patient worn sensor 102 can include blood pressure, body temperature, respiratory rate, blood oxygenation, blood glucose level, hydration levels and perspiration. In some implementations, the patient worn sensor 102 can include a sensor housing for storing electrical components for processing signals received from and detected in association with the patient and for transmitting information to other devices…”);
and the processor is configured to perform following operations (paragraph 0055 “The sensor housing 110 includes a circuit board 134 that includes various processing components implemented as integrated chips and other electrical components. The circuit board 134 can include one or more processors for processing signals received from a patient as well as one or more communications modules for communicating with other computing devices using one or more communications protocols (e.g., Bluetooth, WiFi, cellular communication, etc.)…”):
obtaining first monitoring data based on the signal which is acquired by the sensor (paragraphs 0026 and 0028-0030 “The patient worn sensor 102 can also include sensors for detecting bio-impedance in order to monitor hydration levels, body fat levels, or other fluid levels for the patient 104. In some implementations, the patient worn sensor 102 can include electronics for processing and analyzing vital sign information and other information collected from the patient 104.”);
Mazar does not teach controlling the wearable mobile monitoring device to receive second monitoring data from a mobile monitoring unit worn on the human body through a first communicative connection established between the first wireless communication unit and the mobile monitoring unit. However, Embrechts teaches an Electronic Device, System and Method for Communication and further teaches, “FIG. 1 shows a walking person 100. The person 100 carries around his chest a chest strap 101 and a first electronic device in the form of a vital monitor 102 attached to the chest strap 101. The vital monitor 102 is configured to provide first body-related information characterizing a body to which the wearable device is attached (here the body of the person 100). The vital monitor 102 is an example of a wearable device for sports performance tracking and/or for health checking whose main functionality is to gather biometric data such as a heart rate, a glucose level, a blood pressure and others as body-related information.” (paragraph 0070), “The person 100 further carries around his upper arm a sport armband 103 with a pocket (not shown) and a second electronic device in the form of a smart phone 104 inserted in the pocket. The smart phone 104 is configured to provide second body-related information characterizing the body of the user (here the person 100) of the smart phone 104 such as biometric data of the person 100.” (paragraph 0071), “The vital monitor 102 and the smart phone 104 are configured to transfer data over a Bluetooth Low Energy (BTLE) communication.” (paragraph 0073) and “FIG. 4 illustrates a walking person 400 who carries around his wrist a smart watch 401. The person 400 further carries around his chest a chest strap 402 and a vital monitor 403 attached to the chest strap 402. The smart watch 401 includes an acceleration sensor configured to sense acceleration data representing the acceleration of a part of the body to which the smart watch is attached, here the person's wrist. The vital monitor 403 also includes an acceleration sensor configured to sense acceleration data representing the acceleration of a part of the body to which the vital monitor 403 is attached, here the person's chest. Each of the smart watch 401 and the vital monitor 403 is configured to generate from the sensed acceleration data an acceleration pattern and to transfer the same over a Bluetooth Low Energy communication to the vital monitor 403 and the smart watch 401, respectively.” (paragraph 0089). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Mazar to include controlling the wearable mobile monitoring device to receive second monitoring data from a mobile monitoring unit worn on the human body through a first communicative connection established between the first wireless communication unit and the mobile monitoring unit as taught by Embrechts in order to allow devices worn on the human body to easily communicate and exchange data wirelessly.
Mazar does not teach transmitting, when under a first preset condition is met, the first monitoring data and the second monitoring data to a near-end device which is apart from the human body through a second communicative connection established between the first wireless communication unit and the near-end device, wherein the second communicative connection and the first communicative connection are based on a same wireless communication technology, the near-end device is located within a preset range of the wearable mobile monitoring device. However, Wang teaches a Method to Use Auxiliary Channel to Achieve Fast and Power-Efficient Association in Wireless Networks and further teaches, “In accordance with one aspect, a medical system is provided. One or more MBAN devices acquire and communicate patient data. One or more medical body area network (MBAN) systems, each MBAN system including the one or more MBAN devices communicating the patient data with a hub device via short-range wireless communication, the communication of the patient data via the short-range wireless communication being within a predefined spectrum…” (paragraph 0012), “The short-range wireless communication protocol preferably has a relatively short operational range of a few tens of meters, a few meters, or less, and in some embodiments suitably employs an IEEE 802.15.4 (Zigbee) short-range wireless communication protocol or a variant thereof, or a Bluetooth.TM. short-range wireless communication protocol or a variant thereof. Although Bluetooth.TM. and Zigbee are suitable embodiments for the short-range wireless communication, other short-range communication protocols, including proprietary communication protocols, are also contemplated. The short-range communication protocol should have a sufficient range for the hub device 16 to communicate reliably with all MBAN devices 12, 14 of the MBAN system 10. The short-range wireless communication protocol between the MBAN devices 12, 14 and the corresponding hub device 16 and in some embodiments between MBAN devices operate in a frequency spectrum of around 2.3-2.5 GHz.” (paragraph 0031) and “Due to the strict reliability requirements on MBAN system 10 communications because of the medical content of the patient data being transmitted, an MBAN spectrum is specifically allocated for the communication of the patient data, for example, the 2360-2400 MHz band discussed above. The reliability requirements prohibit the transmission of patient data outside the MBAN spectrum. For example, the MBAN devices 12, 14 are permitted to transmit the acquired patient data to corresponding hub device 16 only when operating in the MBAN spectrum…” (paragraph 0032). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Mazar to include transmitting, when under a first preset condition is met, the first monitoring data and the second monitoring data to a near-end device which is apart from the human body through a second communicative connection established between the first wireless communication unit and the near-end device, wherein the second communicative connection and the first communicative connection are based on a same wireless communication technology, the near-end device is located within a preset range of the wearable mobile monitoring device as taught by Chan in order to easily communicate patient data with one or more nearby devices.
Mazar does not teach and transmitting, when a second preset condition is met, the first monitoring data and the second monitoring data to a far-end device through a third communicative connection established between the second wireless communication unit and the far-end device, wherein the second preset condition is different from the first preset condition, the third communicative connection and the first communicative connection are based on different wireless communication technologies, and the far-end device is located outside the preset range of the wearable mobile monitoring device. However, Wang teaches a Method to Use Auxiliary Channel to Achieve Fast and Power-Efficient Association in Wireless Networks and further teaches, “In accordance with one aspect, a medical system is provided. One or more MBAN devices acquire and communicate patient data. One or more medical body area network (MBAN) systems, each MBAN system including the one or more MBAN devices communicating the patient data with a hub device via short-range wireless communication, the communication of the patient data via the short-range wireless communication being within a predefined spectrum. The hub device receiving patient data communicated from the one or more MBAN devices and communicating with a central monitoring station via a longer range communication. The one or more MBAN devices transmitting an association request to the hub device on one or more auxiliary channels to associate each MBAN device with the MBAN system, the auxiliary channels being outside the predefined spectrum.” (paragraph 0012) and “…Communication between the central monitoring stations and the patient transmitted/received via the hospital network 42. The longer-range wireless communication is suitably a WiFi communication link conforming with an IEEE 802.11 wireless communication protocol or a variant thereof. However, other wireless communication protocols can be used for the longer-range communication, such as another type of wireless medical telemetry system (WMTS). Moreover, the longer range communication can be a wired communication such as a wired Ethernet link (in which case the hospital networks include at least one cable providing the wired longer range communication link). The longer range communication is longer range as compared with the short-range communication between the MBAN devices 12, 14 and the corresponding hub device 16. For example, the short-range communication range may be of order a meter, a few meters, or at most perhaps a few tens of meters. The longer range communication can be long enough to encompass a substantial portion or all of the hospital or other medical facility whether directly or via a plurality of access points to a hospital network.” (paragraph 0035). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Mazar to include transmitting, when a second preset condition is met, the first monitoring data and the second monitoring data to a far-end device through a third communicative connection established between the second wireless communication unit and the far-end device, wherein the second preset condition is different from the first preset condition, the third communicative connection and the first communicative connection are based on different wireless communication technologies, and the far-end device is located outside the preset range of the wearable mobile monitoring device as taught by Wang in order to facilitate transmittal of patient data to devices outside the hospital or facility.
Claim 13:
As per claim 13, Mazar teaches a system comprising:
and a near-end device and a far-end device which are apart from the human body (paragraphs 0034 and 0035 “The patient worn sensor 102 is configured to communicate with one or more other computing devices, either through wired or wireless communication. For example, the patient worn sensor 102 can use Bluetooth, WiFi, or a cellular communication protocol to communicate with other computing devices such as bedside monitors, personal computers, tablet devices, mobile phones, or central servers.” and “For example, vital sign information collected by the patient worn sensor 102 can be transmitted to a mobile device owned by the patient 104 (e.g., a smart phone) to allow the patient 104 to view the information. The information can further be transmitted to a central server that can be accessed by one or more caregivers (e.g., using personal computers or mobile devices) to allow the caregivers to view the collected information and make patient care decisions for the patient 104 from a location that is remote from where the patient 104 is located.”);
wherein:
the wearable mobile monitoring device is configured to monitor first monitoring data of the human body (paragraphs 0026 and 0028-0030 “The patient worn sensor 102 can also include sensors for detecting bio-impedance in order to monitor hydration levels, body fat levels, or other fluid levels for the patient 104. In some implementations, the patient worn sensor 102 can include electronics for processing and analyzing vital sign information and other information collected from the patient 104.”);
the mobile monitoring unit is configured to monitor second monitoring data of the human body (paragraphs 0029-0030 “In some implementations, the patient worn sensor 102 includes a temperature sensor 106 that extends from a main body of the patient worn sensor 102 to underneath the patient 104's armpit for monitoring, tracking, and recording body temperature for the patient 104.” and “In some implementations, the patient 104 can additionally be outfitted with a wrist sensor. The wrist sensor can be used to track and record blood pressure and blood oxygenation (SpO2) for the patient 104. The wrist sensor can communicate vital sign data collected from the patient to the patient worn sensor 102, or can bypass the patient worn sensor 102 can communicate information directly to another computing device.”);
the near-end device and the far-end device are configured to obtain the first monitoring data and the second monitoring data (paragraphs 0034 and 0035 “The patient worn sensor 102 is configured to communicate with one or more other computing devices, either through wired or wireless communication. For example, the patient worn sensor 102 can use Bluetooth, WiFi, or a cellular communication protocol to communicate with other computing devices such as bedside monitors, personal computers, tablet devices, mobile phones, or central servers.” and “For example, vital sign information collected by the patient worn sensor 102 can be transmitted to a mobile device owned by the patient 104 (e.g., a smart phone) to allow the patient 104 to view the information. The information can further be transmitted to a central server that can be accessed by one or more caregivers (e.g., using personal computers or mobile devices) to allow the caregivers to view the collected information and make patient care decisions for the patient 104 from a location that is remote from where the patient 104 is located.”);
the wearable mobile monitoring device is further configured to perform following operations (paragraph 0026 “ The patient worn sensor 102 is configured to detect and record various vital signs and other information for the patient 104 or for another patient with which the patient worn sensor 102 is in contact.”):
Mazar does not teach a wearable mobile monitoring device and a mobile monitoring unit which are worn on a human body. However, Embrechts teaches an Electronic Device, System and Method for Communication and further teaches, “FIG. 1 shows a walking person 100. The person 100 carries around his chest a chest strap 101 and a first electronic device in the form of a vital monitor 102 attached to the chest strap 101. The vital monitor 102 is configured to provide first body-related information characterizing a body to which the wearable device is attached (here the body of the person 100). The vital monitor 102 is an example of a wearable device for sports performance tracking and/or for health checking whose main functionality is to gather biometric data such as a heart rate, a glucose level, a blood pressure and others as body-related information.” (paragraph 0070), “The person 100 further carries around his upper arm a sport armband 103 with a pocket (not shown) and a second electronic device in the form of a smart phone 104 inserted in the pocket. The smart phone 104 is configured to provide second body-related information characterizing the body of the user (here the person 100) of the smart phone 104 such as biometric data of the person 100.” (paragraph 0071) and “FIG. 4 illustrates a walking person 400 who carries around his wrist a smart watch 401. The person 400 further carries around his chest a chest strap 402 and a vital monitor 403 attached to the chest strap 402. The smart watch 401 includes an acceleration sensor configured to sense acceleration data representing the acceleration of a part of the body to which the smart watch is attached, here the person's wrist. The vital monitor 403 also includes an acceleration sensor configured to sense acceleration data representing the acceleration of a part of the body to which the vital monitor 403 is attached, here the person's chest. Each of the smart watch 401 and the vital monitor 403 is configured to generate from the sensed acceleration data an acceleration pattern and to transfer the same over a Bluetooth Low Energy communication to the vital monitor 403 and the smart watch 401, respectively.” (paragraph 0089). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Mazar to include a wearable mobile monitoring device and a mobile monitoring unit which are worn on a human body as taught by Embrechts in order to allow devices worn on the human body to easily communicate and exchange data wirelessly.
Mazar does not teach receiving, the second monitoring data from the mobile monitoring unit through a first communicative connection established with the mobile monitoring unit. However, Embrechts teaches an Electronic Device, System and Method for Communication and further teaches, “FIG. 1 shows a walking person 100. The person 100 carries around his chest a chest strap 101 and a first electronic device in the form of a vital monitor 102 attached to the chest strap 101. The vital monitor 102 is configured to provide first body-related information characterizing a body to which the wearable device is attached (here the body of the person 100). The vital monitor 102 is an example of a wearable device for sports performance tracking and/or for health checking whose main functionality is to gather biometric data such as a heart rate, a glucose level, a blood pressure and others as body-related information.” (paragraph 0070), “The person 100 further carries around his upper arm a sport armband 103 with a pocket (not shown) and a second electronic device in the form of a smart phone 104 inserted in the pocket. The smart phone 104 is configured to provide second body-related information characterizing the body of the user (here the person 100) of the smart phone 104 such as biometric data of the person 100.” (paragraph 0071), “The vital monitor 102 and the smart phone 104 are configured to transfer data over a Bluetooth Low Energy (BTLE) communication.” (paragraph 0073) and “FIG. 4 illustrates a walking person 400 who carries around his wrist a smart watch 401. The person 400 further carries around his chest a chest strap 402 and a vital monitor 403 attached to the chest strap 402. The smart watch 401 includes an acceleration sensor configured to sense acceleration data representing the acceleration of a part of the body to which the smart watch is attached, here the person's wrist. The vital monitor 403 also includes an acceleration sensor configured to sense acceleration data representing the acceleration of a part of the body to which the vital monitor 403 is attached, here the person's chest. Each of the smart watch 401 and the vital monitor 403 is configured to generate from the sensed acceleration data an acceleration pattern and to transfer the same over a Bluetooth Low Energy communication to the vital monitor 403 and the smart watch 401, respectively.” (paragraph 0089). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Mazar to include receiving, the second monitoring data from the mobile monitoring unit through a first communicative connection established with the mobile monitoring unit as taught by Embrechts in order to allow devices worn on the human body to easily communicate and exchange data wirelessly.
Mazar and Embrechts do not teach transmitting, when a first preset condition is met, the first monitoring data and the second monitoring data to the near-end device through a second communicative connection established with the near-end device, wherein the second communicative connection and the first communicative connection are based on a same wireless communication technology, and the near-end device is located within a preset range of the wearable mobile monitoring device. However, Wang teaches a Method to Use Auxiliary Channel to Achieve Fast and Power-Efficient Association in Wireless Networks and further teaches, “In accordance with one aspect, a medical system is provided. One or more MBAN devices acquire and communicate patient data. One or more medical body area network (MBAN) systems, each MBAN system including the one or more MBAN devices communicating the patient data with a hub device via short-range wireless communication, the communication of the patient data via the short-range wireless communication being within a predefined spectrum…” (paragraph 0012), “The short-range wireless communication protocol preferably has a relatively short operational range of a few tens of meters, a few meters, or less, and in some embodiments suitably employs an IEEE 802.15.4 (Zigbee) short-range wireless communication protocol or a variant thereof, or a Bluetooth.TM. short-range wireless communication protocol or a variant thereof. Although Bluetooth.TM. and Zigbee are suitable embodiments for the short-range wireless communication, other short-range communication protocols, including proprietary communication protocols, are also contemplated. The short-range communication protocol should have a sufficient range for the hub device 16 to communicate reliably with all MBAN devices 12, 14 of the MBAN system 10. The short-range wireless communication protocol between the MBAN devices 12, 14 and the corresponding hub device 16 and in some embodiments between MBAN devices operate in a frequency spectrum of around 2.3-2.5 GHz.” (paragraph 0031) and “Due to the strict reliability requirements on MBAN system 10 communications because of the medical content of the patient data being transmitted, an MBAN spectrum is specifically allocated for the communication of the patient data, for example, the 2360-2400 MHz band discussed above. The reliability requirements prohibit the transmission of patient data outside the MBAN spectrum. For example, the MBAN devices 12, 14 are permitted to transmit the acquired patient data to corresponding hub device 16 only when operating in the MBAN spectrum…” (paragraph 0032). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Mazar to include transmitting, when under a first preset condition is met, the first monitoring data and the second monitoring data to a near-end device which is apart from the human body through a second communicative connection established between the first wireless communication unit and the near-end device, wherein the second communicative connection and the first communicative connection are based on a same wireless communication technology, the near-end device is located within a preset range of the wearable mobile monitoring device as taught by Chan in order to easily communicate patient data with one or more nearby devices.
Mazar and Embrechts do not teach and transmitting, when under a second preset condition is met, the first monitoring data and the second monitoring data to the far-end device through a third communicative connection established with the far-end device, wherein the second preset condition is different from the first preset condition, the third communicative connection and the first communicative connection are based on different wireless communication technologies, and the far-end device is located outside the preset range of the wearable mobile monitoring device. However, Wang teaches a Method to Use Auxiliary Channel to Achieve Fast and Power-Efficient Association in Wireless Networks and further teaches, “In accordance with one aspect, a medical system is provided. One or more MBAN devices acquire and communicate patient data. One or more medical body area network (MBAN) systems, each MBAN system including the one or more MBAN devices communicating the patient data with a hub device via short-range wireless communication, the communication of the patient data via the short-range wireless communication being within a predefined spectrum. The hub device receiving patient data communicated from the one or more MBAN devices and communicating with a central monitoring station via a longer range communication. The one or more MBAN devices transmitting an association request to the hub device on one or more auxiliary channels to associate each MBAN device with the MBAN system, the auxiliary channels being outside the predefined spectrum.” (paragraph 0012) and “…Communication between the central monitoring stations and the patient transmitted/received via the hospital network 42. The longer-range wireless communication is suitably a WiFi communication link conforming with an IEEE 802.11 wireless communication protocol or a variant thereof. However, other wireless communication protocols can be used for the longer-range communication, such as another type of wireless medical telemetry system (WMTS). Moreover, the longer range communication can be a wired communication such as a wired Ethernet link (in which case the hospital networks include at least one cable providing the wired longer range communication link). The longer range communication is longer range as compared with the short-range communication between the MBAN devices 12, 14 and the corresponding hub device 16. For example, the short-range communication range may be of order a meter, a few meters, or at most perhaps a few tens of meters. The longer range communication can be long enough to encompass a substantial portion or all of the hospital or other medical facility whether directly or via a plurality of access points to a hospital network.” (paragraph 0035). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Mazar to include transmitting, when a second preset condition is met, the first monitoring data and the second monitoring data to a far-end device through a third communicative connection established between the second wireless communication unit and the far-end device, wherein the second preset condition is different from the first preset condition, the third communicative connection and the first communicative connection are based on different wireless communication technologies, and the far-end device is located outside the preset range of the wearable mobile monitoring device as taught by Wang in order to facilitate transmittal of patient data to devices outside the hospital or facility.
Claim 20:
As per claim 20, Mazar teaches a method comprising:
acquiring a signal which characterizes at least one vital sign parameter of a human body (paragraphs 0026 and 0028-0030 “…The patient worn sensor 102 can be, for example, a 6-lead ECG sensor having I, II, III, aVL, aVR, and aVF leads. Other vital signs that can be monitored by the patient worn sensor 102 can include blood pressure, body temperature, respiratory rate, blood oxygenation, blood glucose level, hydration levels and perspiration. In some implementations, the patient worn sensor 102 can include a sensor housing for storing electrical components for processing signals received from and detected in association with the patient and for transmitting information to other devices…”);
obtaining first monitoring data based on the signal (paragraphs 0026 and 0028-0030 “The patient worn sensor 102 can also include sensors for detecting bio-impedance in order to monitor hydration levels, body fat levels, or other fluid levels for the patient 104. In some implementations, the patient worn sensor 102 can include electronics for processing and analyzing vital sign information and other information collected from the patient 104.”);
Mazar does not teach receiving second monitoring data from a mobile monitoring unit which is worn on the human body through a first communicative connection established with the mobile monitoring unit. However, Embrechts teaches an Electronic Device, System and Method for Communication and further teaches, “FIG. 1 shows a walking person 100. The person 100 carries around his chest a chest strap 101 and a first electronic device in the form of a vital monitor 102 attached to the chest strap 101. The vital monitor 102 is configured to provide first body-related information characterizing a body to which the wearable device is attached (here the body of the person 100). The vital monitor 102 is an example of a wearable device for sports performance tracking and/or for health checking whose main functionality is to gather biometric data such as a heart rate, a glucose level, a blood pressure and others as body-related information.” (paragraph 0070), “The person 100 further carries around his upper arm a sport armband 103 with a pocket (not shown) and a second electronic device in the form of a smart phone 104 inserted in the pocket. The smart phone 104 is configured to provide second body-related information characterizing the body of the user (here the person 100) of the smart phone 104 such as biometric data of the person 100.” (paragraph 0071), “The vital monitor 102 and the smart phone 104 are configured to transfer data over a Bluetooth Low Energy (BTLE) communication.” (paragraph 0073) and “FIG. 4 illustrates a walking person 400 who carries around his wrist a smart watch 401. The person 400 further carries around his chest a chest strap 402 and a vital monitor 403 attached to the chest strap 402. The smart watch 401 includes an acceleration sensor configured to sense acceleration data representing the acceleration of a part of the body to which the smart watch is attached, here the person's wrist. The vital monitor 403 also includes an acceleration sensor configured to sense acceleration data representing the acceleration of a part of the body to which the vital monitor 403 is attached, here the person's chest. Each of the smart watch 401 and the vital monitor 403 is configured to generate from the sensed acceleration data an acceleration pattern and to transfer the same over a Bluetooth Low Energy communication to the vital monitor 403 and the smart watch 401, respectively.” (paragraph 0089). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Mazar to include receiving second monitoring data from a mobile monitoring unit which is worn on the human body through a first communicative connection established with the mobile monitoring unit as taught by Embrechts in order to allow devices worn on the human body to easily communicate and exchange data wirelessly.
Mazar and Embrechts do not teach transmitting, when a first preset condition is met, the first monitoring data and the second monitoring data to a near-end device which is apart from the human body through a second communicative connection established with the near-end device, wherein the second communicative connection and the first communicative connection are based on a same wireless communication technology, and the near-end device is located within a preset range of the wearable mobile monitoring device. However, Wang teaches a Method to Use Auxiliary Channel to Achieve Fast and Power-Efficient Association in Wireless Networks and further teaches, “In accordance with one aspect, a medical system is provided. One or more MBAN devices acquire and communicate patient data. One or more medical body area network (MBAN) systems, each MBAN system including the one or more MBAN devices communicating the patient data with a hub device via short-range wireless communication, the communication of the patient data via the short-range wireless communication being within a predefined spectrum…” (paragraph 0012), “The short-range wireless communication protocol preferably has a relatively short operational range of a few tens of meters, a few meters, or less, and in some embodiments suitably employs an IEEE 802.15.4 (Zigbee) short-range wireless communication protocol or a variant thereof, or a Bluetooth.TM. short-range wireless communication protocol or a variant thereof. Although Bluetooth.TM. and Zigbee are suitable embodiments for the short-range wireless communication, other short-range communication protocols, including proprietary communication protocols, are also contemplated. The short-range communication protocol should have a sufficient range for the hub device 16 to communicate reliably with all MBAN devices 12, 14 of the MBAN system 10. The short-range wireless communication protocol between the MBAN devices 12, 14 and the corresponding hub device 16 and in some embodiments between MBAN devices operate in a frequency spectrum of around 2.3-2.5 GHz.” (paragraph 0031) and “Due to the strict reliability requirements on MBAN system 10 communications because of the medical content of the patient data being transmitted, an MBAN spectrum is specifically allocated for the communication of the patient data, for example, the 2360-2400 MHz band discussed above. The reliability requirements prohibit the transmission of patient data outside the MBAN spectrum. For example, the MBAN devices 12, 14 are permitted to transmit the acquired patient data to corresponding hub device 16 only when operating in the MBAN spectrum…” (paragraph 0032). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Mazar to include transmitting, when under a first preset condition is met, the first monitoring data and the second monitoring data to a near-end device which is apart from the human body through a second communicative connection established between the first wireless communication unit and the near-end device, wherein the second communicative connection and the first communicative connection are based on a same wireless communication technology, the near-end device is located within a preset range of the wearable mobile monitoring device as taught by Chan in order to easily communicate patient data with one or more nearby devices.
Mazar and Embrechts do not teach and transmitting, when a second preset condition is met, the first monitoring data and the second monitoring data to a far-end device through a third communicative connection established with the far-end device, wherein the second preset condition is different from the first preset condition, the third communicative connection and the first communicative connection are based on different wireless communication technologies, and the far-end device is located outside the preset range of the wearable mobile monitoring device. However, Wang teaches a Method to Use Auxiliary Channel to Achieve Fast and Power-Efficient Association in Wireless Networks and further teaches, “In accordance with one aspect, a medical system is provided. One or more MBAN devices acquire and communicate patient data. One or more medical body area network (MBAN) systems, each MBAN system including the one or more MBAN devices communicating the patient data with a hub device via short-range wireless communication, the communication of the patient data via the short-range wireless communication being within a predefined spectrum. The hub device receiving patient data communicated from the one or more MBAN devices and communicating with a central monitoring station via a longer range communication. The one or more MBAN devices transmitting an association request to the hub device on one or more auxiliary channels to associate each MBAN device with the MBAN system, the auxiliary channels being outside the predefined spectrum.” (paragraph 0012) and “…Communication between the central monitoring stations and the patient transmitted/received via the hospital network 42. The longer-range wireless communication is suitably a WiFi communication link conforming with an IEEE 802.11 wireless communication protocol or a variant thereof. However, other wireless communication protocols can be used for the longer-range communication, such as another type of wireless medical telemetry system (WMTS). Moreover, the longer range communication can be a wired communication such as a wired Ethernet link (in which case the hospital networks include at least one cable providing the wired longer range communication link). The longer range communication is longer range as compared with the short-range communication between the MBAN devices 12, 14 and the corresponding hub device 16. For example, the short-range communication range may be of order a meter, a few meters, or at most perhaps a few tens of meters. The longer range communication can be long enough to encompass a substantial portion or all of the hospital or other medical facility whether directly or via a plurality of access points to a hospital network.” (paragraph 0035). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Mazar to include transmitting, when a second preset condition is met, the first monitoring data and the second monitoring data to a far-end device through a third communicative connection established between the second wireless communication unit and the far-end device, wherein the second preset condition is different from the first preset condition, the third communicative connection and the first communicative connection are based on different wireless communication technologies, and the far-end device is located outside the preset range of the wearable mobile monitoring device as taught by Wang in order to facilitate transmittal of patient data to devices outside the hospital or facility.
Claim 2:
As per claim 2, Mazar, Embrechts, and Wang teach the wearable mobile monitoring device of claim 1 as described above and Wang further teaches wherein the first preset condition is met when:
a communication quality for current communication between the wearable mobile monitoring device and the near-end device through the first wireless communication unit satisfies a preset standard (paragraphs 0012 and 0031-0032). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Mazar to include wherein the first preset condition is met when:
a communication quality for current communication between the wearable mobile monitoring device and the near-end device through the first wireless communication unit satisfies a preset standard as taught by Wang in order to ensure the connectivity of the network is fully functional or operational to transmit patient data.
and the second preset condition is met when: a communication quality for current communication between the wearable mobile monitoring device and the near-end device through the first wireless communication unit does not satisfy a preset standard (paragraph 0012 and 0035). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Mazar to include the second preset condition is met when: a communication quality for current communication between the wearable mobile monitoring device and the near-end device through the first wireless communication unit does not satisfy a preset standard as taught by Wang in order to determine a different network or method to transmit patient data.
See also, MPEP §2103 I. C. and §2111.04, “optional/conditional” clause interpreted as not further limiting of the claimed invention.
Claims 3 and 15:
As per claims 3 and 15, Mazar, Embrechts, and Wang the wearable mobile monitoring device and monitoring system of claims 1 and 13 as described above and Mazar further teaches wherein, when transmitting the first monitoring data and the second monitoring data, the processor is configured to perform following operations:
transmitting, under a third preset condition, the first monitoring data and the second monitoring data through the second communicative connection or the third communicative connection in a continuous transmission mode (paragraphs 0034-0035 and 0055);
or transmitting, under a preset condition which is other than the third preset condition, the first monitoring data and the second monitoring data through the second communicative connection or the third communicative connection in a continuous transmission mode or a discontinuous transmission mode, wherein the continuous transmission mode refers to transmitting data in multiple continuous transmission cycles, and the discontinuous transmission mode refers to transmitting data only in a portion of transmission cycle(s) of multiple continuous transmission cycles.
See also, MPEP §2103 I. C. and §2111.04, “optional/conditional” clause interpreted as not further limiting of the claimed invention.
Claim 4:
As per claim 4, Mazar, Embrechts, and Wang teach the wearable mobile monitoring device of claim 3 as described above and Mazar further teaches wherein the third preset condition comprises at least one of: a condition which reflects a human health risk, a condition which reflects a parameter transmission mode, or a condition which reflects a user instruction (paragraph 0040).
Claim 5:
As per claim 5, Mazar, Embrechts, and Wang teach the wearable mobile monitoring device of claim 4 as described above and Mazar further teaches wherein: the condition which reflects a human health risk comprises:
a monitoring time of the wearable mobile monitoring device for the human body does not reach a preset time threshold;
or the first monitoring data or the second monitoring data indicate(s) that the human body is currently in a risk state;
or the condition which reflects a user instruction comprises:
a user instruction, which instructs to transmit the first monitoring data and the second monitoring data in the continuous transmission mode, is received by wearable mobile monitoring device;
or the condition which reflects a parameter transmission mode comprises:
the first monitoring data and the second monitoring data are transmitted through the first wireless communication unit (paragraphs 0034-0035, 0040, and 0055).
See also, MPEP §2103 I. C. and §2111.04, “optional/conditional” clause interpreted as not further limiting of the claimed invention.
Claim 6:
As per claim 6, Mazar, Embrechts, and Wang teach the wearable mobile monitoring device of claim 1 as described above and Mazar further teaches wherein the first wireless communication unit comprises a Bluetooth communication module or a Medical Body Area Network communication module (paragraphs 0034-0035 and 0055);
or the second wireless communication unit comprises at least one of: a WIFI communication module, a WMTS communication module, and a cellular network communication module.
See also, MPEP §2103 I. C. and §2111.04, “optional/conditional” clause interpreted as not further limiting of the claimed invention.
Claim 7:
As per claim 7, Mazar, Embrechts, and Wang teach the wearable mobile monitoring device of claim 1 as described above and Mazar further teaches further comprising a memory, wherein the processor is further configured to perform a following operation:
storing, in the memory, the first monitoring data and the second monitoring data, when the second communicative connection between the wearable mobile monitoring device and the near-end device is disconnected (paragraph 0035).
Claim 8:
As per claim 8, Mazar and Embrechts teach the wearable mobile monitoring device of claim 7 as described above and Mazar further teaches wherein the processor is further configured to perform a following operation:
transmitting, to the near-end device, the first monitoring data and the second monitoring data stored in the memory, through the second communicative connection between the wearable mobile monitoring device and the near-end device, when the second communicative connection is restored (paragraph 0035).
Claim 9:
As per claim 9, Mazar, Embrechts, and Wang teach the wearable mobile monitoring device of claim 1 as described above and Mazar further teaches further comprising a display screen, which is configured to display the first monitoring data or the second monitoring data (paragraphs 0034-0035);
or the near-end device comprises a monitor which is in a same ward as the wearable mobile monitoring device, and the far-end device comprises a central station.
See also, MPEP §2103 I. C. and §2111.04, “optional/conditional” clause interpreted as not further limiting of the claimed invention.
Claim 10:
As per claim 10, Mazar, Embrechts, and Wang teach the wearable mobile monitoring device of claim 1 as described above and Embrechts further teaches further comprising a proximity-based communication unit, wherein the processor is further configured to perform following operations:
acquiring, from the mobile monitoring unit, first connection information, in a contactless manner through the proximity-based communication unit, or transmitting, to the mobile monitoring unit, second connection information, in a contactless manner through the proximity-based communication unit (paragraphs 0070-0072 and 0089). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Mazar to include acquiring, from the mobile monitoring unit, first connection information, in a contactless manner through the proximity-based communication unit, or transmitting, to the mobile monitoring unit, second connection information, in a contactless manner through the proximity-based communication unit as taught by Embrechts in order to allow devices worn on the human body to easily communicate and exchange data wirelessly.
and establishing, based on the first connection information or the second connection information, the first communicative connection with the mobile monitoring unit, through the first wireless communication unit (paragraphs 0070-0072 and 0089). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Mazar to include establishing, based on the first connection information or the second connection information, the first communicative connection with the mobile monitoring unit, through the first wireless communication unit as taught by Embrechts in order to allow devices worn on the human body to easily communicate and exchange data wirelessly.
or acquiring, from the near-end device, third connection information, in a contactless manner through the proximity-based communication unit, or transmitting, to the near-end device, fourth connection information, in a contactless manner through the proximity-based communication unit;
and establishing, based on the third connection information or the fourth connection information, the second communicative connection with the near-end device, through the first wireless communication unit.
See also, MPEP §2103 I. C. and §2111.04, “optional/conditional” clause interpreted as not further limiting of the claimed invention.
Claim 11:
As per claim 11, Mazar, Embrechts, and Wang teach the wearable mobile monitoring device of claim 10 as described above and Embrechts further teaches wherein:
establishing, based on the first connection information or the second connection information, the first communicative connection with the mobile monitoring unit, through the first wireless communication unit, comprises:
broadcasting, through the first wireless communication unit, the first connection information or the second connection information, so as to enable the mobile monitoring unit to establish the first communicative connection with the wearable mobile monitoring device, when the first connection information or the second connection information is detected by the mobile monitoring unit (paragraphs 0070-0072 and 0089). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Mazar to include broadcasting, through the first wireless communication unit, the first connection information or the second connection information, so as to enable the mobile monitoring unit to establish the first communicative connection with the wearable mobile monitoring device, when the first connection information or the second connection information is detected by the mobile monitoring unit as taught by Embrechts in order to allow devices worn on the human body to easily communicate and exchange data wirelessly.
or monitoring information through the first wireless communication unit, and establishing the first communicative connection with the mobile monitoring unit, when the first connection information or the second connection information, which is broadcasted by the mobile monitoring unit, is detected by the first wireless communication unit;
establishing, based on the third connection information or the fourth connection information, the second communicative connection with the near-end device, through the first wireless communication unit, comprises:
Mazar further teaches broadcasting, through the first wireless communication unit, the third connection information or the fourth connection information, so as to enable the near-end device to establish the second communicative connection with the wearable mobile monitoring device, when the third connection information or the fourth connection information is detected by the near-end device (paragraphs 0034-0035 and 0055);
or monitoring information through the first wireless communication unit, and establishing the second communicative connection with the near-end device, when the third connection information or the fourth connection information, which is broadcasted by the near-end device, is detected by the first wireless communication unit.
See also, MPEP §2103 I. C. and §2111.04, “optional/conditional” clause interpreted as not further limiting of the claimed invention.
Claim 12:
As per claim 12, Mazar, Embrechts, and Wang teach the wearable mobile monitoring device of claim 10 as described above and Mazar further teaches wherein:
the first connection information comprises at least one of: a device identifier or a serial number of the mobile monitoring unit (paragraphs 0034 and 0055);
one of a communication channel identifier, an IP address, an MAC address, a service set identifier, WEP/WPA/WPA2/WPA3 protocol information, EAP information, which are determined by the mobile monitoring unit (paragraphs 0034 and 0055);
or a random pairing code generated by the mobile monitoring unit;
the second connection information and the fourth connection information include at least one of: a device identifier or a serial number of the wearable mobile monitoring device (paragraphs 0034 and 0055);
one of a communication channel identifier, an IP address, an MAC address, a service set identifier, WEP/WPA/WPA2/WPA3 protocol information, EAP information, which are determined by the wearable mobile monitoring device (paragraphs 0034 and 0055);
or a random pairing code generated by the wearable mobile monitoring device;
and the third connection information comprises at least one of: a device identifier or a serial number of the near-end device (paragraphs 0034 and 0055);
one of a communication channel identifier, an IP address, an MAC address, a service set identifier, WEP/WPA/WPA2/WPA3 protocol information, EAP information, which are determined by the near-end device (paragraphs 0034 and 0055);
or a random pairing code generated by the near-end device.
See also, MPEP §2103 I. C. and §2111.04, “optional/conditional” clause interpreted as not further limiting of the claimed invention.
Claim 14:
As per claim 14, Mazar, Embrechts, and Wang teach the monitoring system of claim 13 as described above and Wang further teaches wherein the first preset condition is met when:
a communication quality for current communication between the wearable mobile monitoring device and the near-end device through the second communicative connection satisfies a preset standard (paragraphs 0012 and 0031-0032). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Mazar to include a communication quality for current communication between the wearable mobile monitoring device and the near-end device through the second communicative connection satisfies a preset standard as taught by Wang in order to ensure the connectivity of the network is fully functional or operational to transmit patient data.
or the second preset condition is met when: a communication quality for current communication between the wearable mobile monitoring device and the near-end device through the second communicative connection does not satisfy a preset standard.
See also, MPEP §2103 I. C. and §2111.04, “optional/conditional” clause interpreted as not further limiting of the claimed invention.
Claim 16:
As per claim 16, Mazar, Embrechts, and Wang teach the monitoring system of claim 15 as described above and Mazar further teaches wherein the third preset condition comprises at least one of: a condition which reflects a human health risk, a condition which reflects a parameter transmission mode, or a condition which reflects a user instruction (paragraph 0040), wherein:
the condition which reflects a human health risk comprises: a monitoring time of the wearable mobile monitoring device for the human body, does not reach a preset time threshold;
or the first monitoring data or the second monitoring data indicate(s) that the human body is currently in a risk state;
or the condition which reflects a user instruction comprises: a user instruction, which instructs to transmit the first monitoring data and the second monitoring data in the continuous transmission mode, is received by the wearable mobile monitoring device;
or the condition which reflects a parameter transmission mode comprises:
the first monitoring data and the second monitoring data are transmitted through a first wireless communication unit of the wearable mobile monitoring device, wherein the first wireless communication unit comprises a Bluetooth communication module or a Medical Body Area Network communication module (paragraphs 0034-0035, 0040, and 0055).
See also, MPEP §2103 I. C. and §2111.04, “optional/conditional” clause interpreted as not further limiting of the claimed invention.
Claim 17:
As per claim 17, Mazar, Embrechts, and Wang teach the monitoring system of claim 13 as described above and Mazar further teaches wherein the wearable mobile monitoring device is further configured to perform a following operation:
storing the first monitoring data and the second monitoring data, when the second communicative connection between the wearable mobile monitoring device and the near-end device is disconnected (paragraph 0035), wherein the wearable mobile monitoring device is further configured to perform a following operation: transmitting, to the near-end device, the first monitoring data and the second monitoring data which are stored, through the second communicative connection between the wearable mobile monitoring device and the near-end device, when the second communicative connection is restored (paragraph 0035).
Claim 18:
As per claim 18, Mazar, Embrechts, and Wang teach the monitoring system of claim 13 as described above and Embrechts further teaches wherein the wearable mobile monitoring device is further configured to perform following operations:
acquiring, from the mobile monitoring unit, first connection information, in a contactless manner, or transmitting, to the mobile monitoring unit, second connection information, in a contactless manner (paragraphs 0070-0072 and 0089). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Mazar to include acquiring, from the mobile monitoring unit, first connection information, in a contactless manner, or transmitting, to the mobile monitoring unit, second connection information, in a contactless manner as taught by Embrechts in order to allow devices worn on the human body to easily communicate and exchange data wirelessly.
and establishing, based on the first connection information or the second connection information, the first communicative connection with the mobile monitoring unit (paragraphs 0070-0072 and 0089). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Mazar to include and establishing, based on the first connection information or the second connection information, the first communicative connection with the mobile monitoring unit as taught by Embrechts in order to allow devices worn on the human body to easily communicate and exchange data wirelessly.
or acquiring, from the near-end device, third connection information, in a contactless manner, or transmitting, to the near-end device, fourth connection information, in a contactless manner;
and establishing, based on the third connection information or the fourth connection information, the second communicative connection with the near-end device.
See also, MPEP §2103 I. C. and §2111.04, “optional/conditional” clause interpreted as not further limiting of the claimed invention.
Claim 19:
As per claim 19, Mazar, Embrechts, and Wang teach the monitoring system of claim 18 as described above and Embrechts further teaches wherein:
establishing, based on the first connection information or the second connection information, the first communicative connection with the mobile monitoring unit, comprises:
broadcasting the first connection information or the second connection information, so as to enable the mobile monitoring unit to establish the first communicative connection with the wearable mobile monitoring device, when the first connection information or the second connection information is detected by the mobile monitoring unit (paragraphs 0070-0072 and 0089). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Mazar to include broadcasting the first connection information or the second connection information, so as to enable the mobile monitoring unit to establish the first communicative connection with the wearable mobile monitoring device, when the first connection information or the second connection information is detected by the mobile monitoring unit as taught by Embrechts in order to allow devices worn on the human body to easily communicate and exchange data wirelessly.
or monitoring information, and establishing the first communicative connection with the mobile monitoring unit, when the first connection information or the second connection information, which is broadcasted by the mobile monitoring unit, is detected;
or establishing, based on the third connection information or the fourth connection information, the second communicative connection with the near-end device, comprises:
broadcasting the third connection information or the fourth connection information, so as to enable the near-end device to establish the second communicative connection with the wearable mobile monitoring device, when the third connection information or the fourth connection information is detected by the near-end device;
or monitoring information, and establishing the second communicative connection with the near-end device, when the third connection information or the fourth connection information, which is broadcasted by the near-end device, is detected.
See also, MPEP §2103 I. C. and §2111.04, “optional/conditional” clause interpreted as not further limiting of the claimed invention.
Response to Arguments
Applicant’s arguments, see pages 12-14, filed September 30, 2025, with respect to the rejection(s) of claim(s) 1-20 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Mazar, Embrechts, and Wang.
Objections to claims 1, 3, 13, and 15 have been withdrawn.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW L HAMILTON whose telephone number is (571)270-1837. The examiner can normally be reached Monday-Thursday 9:30-5:30 pm EST.
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/MATTHEW L HAMILTON/Primary Examiner, Art Unit 3681