DETAILED ACTION
This action is in response to the application filed 04/09/2024. Claims 1 – 20 are pending and have
been examined.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 10/848,711 in view of Tran (U.S. Pub. No. 2012/0330109).
Regarding Claim 1, 10/848,711 teaches
A device for protected communication between persons comprising (see 10/848,711 Claim 1, A device for protected communication between persons comprising):
at least one sensor (see 10/848,711 Claim 1, At least one sensor);
at least one audio speaker or video display (see 10/848,711 Claim 1, At least one audio speaker or video display);
wherein said audio speaker is capable of transforming an electronic signal into sound (see 10/848,711 Claim 1, Wherein said audio speaker is capable of transforming an electronic signal into sound);
wherein said video display is capable of transforming an electronic signal into an image (see 10/848,711 Claim 1, Wherein said videos display is capable of transforming an electronic signal into an image);
at least one signal transducer (see 10/848,711 Claim 1, At least one signal transducer);
a server capable of transmitting an electronic signal from the device to an electronically coupled network (see 10/848,711 Claim 1, A server capable of transmitting an electronic signal from the device to an electronically coupled network);
a microprocessor capable of executing a protocol of instructions and controlling the transmission of said signal through said server (see 10/848,711 Claim 1, A microprocessor capable of executing a protocol of instructions and controlling the transmission of said signal through said server);
wherein at least one sensor, at least one audio speaker, at least one signal transducer, at least one server and at least one microprocessor are electronically coupled together (see 10/848,711 Claim 1, Wherein at least one sensor, at least one audio speaker, at least one signal transducer, at least one server and at least one microprocessor are electronically coupled together);
wherein the protocol of instructions allows for protected communication between at least two entities (see 10/848,711 Claim 1, Wherein the protocol of instructions allows for protected communication between at least two entities);
wherein there is a first person, there is at least one second person and there is at least one third person (see 10/848,711 Claim 1, Wherein there is a first person, there is at least one second person and there is at least one third person);
wherein the protected communication is between the first person and at least one third person (see 10/848,711 Claim 1, Wherein the protected communication is between the first person and at least one third person);
wherein the first person has a unique identity (see 10/848,711 Claim 1, Wherein the first person has a unique identity);
wherein the first person's unique identity can be verified by at least one known identifiable characteristic (see 10/848,711 Claim 1, And wherein the first person's unique identity can be verified by at least one known identifiable characteristic);
wherein all second persons each have a unique identity; and wherein all second persons' identities are different from the first person's identity (see 10/848,711 Claim 1, Wherein all second persons each have a unique identity; and wherein all second persons' identities are different from the first person's identity);
wherein all third persons each have a unique identity and wherein all third persons' identities are different from the first person's identity (see 10/848,711 Claim 1, Wherein all third persons each have a unique identity and wherein all third persons' identities are different from the first person's identity);
wherein at least one second person knows the identity of a third person and has granted approval for that third person to participate in communicating with the first person prior to the initiation of communication with the first person (see 10/848,711 Claim 1, Wherein at least one second person knows the identity of a third person and has granted approval for that third person to participate in communicating with the first person prior to the initiation of communication with the first person);
wherein communication is conducted by the first person to the third person through a first device that is coupled to a second device by electronic means (see 10/848,711 Claim 1, Wherein communication is conducted by the first person to the third person through a first device that is coupled to a second device by electronic means);
wherein at least one sensor is capable of identifying the unique identity of the first person by recognizing at least one physical characteristic of the first person by electronic means (see 10/848,711 Claim 1, Wherein at least one sensor capable of identifying the unique identity of the first person by recognizing at least one physical characteristic of the first person by electronic means and);
wherein the first device is always active and connected electronically to a server when it is able to sense the first person by at least one sensor (see 10/848,711 Claim 1, Wherein the first device is always active and connected electronically to a server when it able to sense first person by at least one sensor);
10/848,711 does not expressively teach
wherein the protocol of instructions further comprises monitoring and analyzing activity on the device and either continuing or modifying the instructions.
However, Tran teaches
wherein the protocol of instructions further comprises monitoring and analyzing activity on the device and either continuing or modifying the instructions (see Tran Paragraph [0002], methods and systems for monitoring a person, Paragraph [0065], The server 20 also executes one or more software modules to analyze data from the patient, the statistical analyzer is trained with training data where certain signals are determined to be undesirable for the patient, given his age, weight, and physical limitations, among others, in the case that vital signals show undesirable data, for example, the patient's glucose level should be within a well established range, and any value outside of this range is flagged by the statistical analyzer as a dangerous condition. As used herein, the dangerous condition can be specified as an event or a pattern that can cause physiological or psychological damage to the patient. Moreover, interactions between different vital signals can be accounted for so that the statistical analyzer can take into consideration instances where individually the vital signs are acceptable, but in certain combinations, the vital signs can indicate potentially dangerous conditions. Once trained, the data received by the server 20 can be appropriately scaled and processed by the statistical analyzer, Paragraph [0175], monitoring person can instruct the monitored subject to perform a series of simple tasks which can be used for diagnosis of neurological abnormalities. These observations may yield early indicators of the onset of a disease, and Paragraph [0444], using data collected, it may be believed receptive aphasia is occurring and detecting receptive aphasia by displaying text or playing verbal instructions to the user, followed by measuring the correctness and/or time delay of the response from the user, therefore using the analyzed and monitored data, deciding to instruct the user to conduct tests or other instructions when there is a received issue).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to combine the teaching of a device for protected communication between authenticated persons which includes three parties, and the protected communication is between the first and third party with approval from the second party, and data is collected using components of the device system (as taught in 10/848,711), with monitoring and analyzing data/activity on a device and either continuing or modifying the instructions (as taught in Tran), the motivation being to provide a device that monitors a user’s health while including an advocate in the communication between the user and a health professional, in the instance of the user being unable to advocate for one’s self, therefore by monitoring the user’s health the system may alert or determine a medical incident (see Tran Paragraph [0012] – [0013]).
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Ellingham et al. (U.S. Pub. No. 2010/0112986, hereinafter “Ellingham”) in view of Tran (U.S. Pub. No. 2012/0330109), Jorasch et al. (U.S. Pub. No. 2021/0399911) and Gupta (U.S. Pub. No. 2010/0250985).
Regarding Claim 1, Ellingham teaches
A device for protected communication between persons (see Ellingham Paragraph [0005], The mobile device that is monitored may be a cell phone, a Wi-Fi device, or other mobile communications device and Abstract, that allows a parent or other responsible party to monitor the mobile device activities of a child) comprising:
wherein the protocol of instructions allows for protected communication between at least two entities (see Ellingham Paragraph [0004], systems, and operation of systems, that allow a parent or other responsible party to monitor the mobile device activities of a child. In addition, it optionally allows the parent to dynamically control the mobile device activities of the child. It relies on software, or a network adjunct, that links a mobile device to a station set or mobile phone under the control of the parent. Calling traffic to and from the mobile device may be routed to a receiver at a location monitored by the parent. In preferred embodiments, software is designed to allow the parent to intervene in the communications of the child (with a third person). The intervention may take a variety of forms, such as interrupting a call in progress, terminating call activity, interrupting or terminating Internet access. Where the mobile device is provided with pre-programmed restraining software, the intervention may be to modify the restraining software to add new restraints);
wherein there is a first person, there is at least one second person and there is at least one third person (see Ellingham Paragraph [0004], first person is the child, second person is the parent/guardian/monitor, and the third person is the caller that the child is communicating with);
wherein the protected communication is between the first person and at least one third person (see Ellingham Paragraph [0004], systems, and operation of systems, that allow a parent or other responsible party to monitor the mobile device activities of a child. In addition, it optionally allows the parent to dynamically control the mobile device activities of the child. It relies on software, or a network adjunct, that links a mobile device to a station set or mobile phone under the control of the parent. Calling traffic to and from the mobile device may be routed to a receiver at a location monitored by the parent. In preferred embodiments, software is designed to allow the parent to intervene in the communications of the child (with a third person). The intervention may take a variety of forms, such as interrupting a call in progress, terminating call activity, interrupting or terminating Internet access. Where the mobile device is provided with pre-programmed restraining software, the intervention may be to modify the restraining software to add new restraints);
wherein at least one second person knows the identity of a third person and has granted approval for that third person to participate in communicating with the first person prior to the initiation of communication with the first person (see Ellingham Paragraph [0013], If the request is an "outbound call request," the logic checks to see if the device user is allowed to call the intended recipient. This is performed by checking either a "permitted call list" and/or a "denied caller list" in a local memory table. If the recipient is permitted, the logic will allow the call to be placed and a message will be sent to the monitor informing the monitor of the call and the associated information (start time, calling party number, etc). If the recipient is not permitted, the call is blocked, the user receives a blocked message on the wireless device screen, and a message is sent to the monitor informing them of the blocked call (with the associated information) and Paragraph [0014], If the request is an "inbound call request," the logic checks to see if the device user is allowed to receive a call from the caller. This is performed by checking either a "permitted call list" and/or a "denied caller list" in a local memory table. If the caller is permitted, the logic will allow the call to be received and a message will be sent to the monitor informing the monitor of the call and the associated information (start time, calling party number, etc). If the caller is not permitted, the call is blocked, the user receives a blocked message on the wireless device screen, and a message is sent to the monitor informing them of the blocked call (with the associated information));
wherein communication is conducted by the first person to the third person through a first device that is coupled to a second device by electronic means (see Ellingham Paragraph [0011], With reference to FIG. 1, the basic network elements are shown schematically including remote mobile device A, and a wireless network. The mobile device communicates with the wireless network by any suitable mode, for example, cellular, Wi-Fi, GSM, Wi-Max. The wireless network is used to transmit/receive telephone calls to and from station set B via the Public Switched Telephone Network (PSTN). Station set B may be a wireless or wired communications device. The remote monitor device is shown at C and can be interconnected to the wireless device A using any of several options. In the case where the monitor is used to monitor telephone call activity, the monitor may be connected to the remote mobile device through the wireless network. Where the monitor is used to monitor Internet activity, the monitor may be connected to an internet access node serving the mobile device. The latter option is illustrated in FIG. 1, where the Internet and Internet access elements are shown);
Ellingham does not expressively teach
at least one sensor;
at least one audio speaker or video display;
wherein said audio speaker is capable of transforming an electronic signal into sound;
wherein said video display is capable of transforming an electronic signal into an image;
at least one signal transducer;
a server capable of transmitting an electronic signal from the device to an electronically coupled network;
a microprocessor capable of executing a protocol of instructions and controlling the transmission of said signal through said server;
wherein at least one sensor, at least one audio speaker, at least one signal transducer, at least one server and at least one microprocessor are electronically coupled together;
wherein the first person has a unique identity;
wherein the first person's unique identity can be verified by at least one known identifiable characteristic;
wherein all second persons each have a unique identity; and wherein all second persons' identities are different from the first person's identity;
wherein all third persons each have a unique identity and wherein all third persons' identities are different from the first person's identity;
wherein at least one sensor is capable of identifying the unique identity of the first person by recognizing at least one physical characteristic of the first person by electronic means;
wherein the first device is always active and connected electronically to a server when it is able to sense the first person by at least one sensor; and
wherein the protocol of instructions further comprises monitoring and analyzing activity on the device and either continuing or modifying the instructions.
However, Tran teaches
at least one sensor (see Tran Paragraph [0059], One wearable appliance such as a wrist-watch includes sensors 40, for example devices for sensing ECG, EKG, blood pressure, sugar level, among others);
at least one audio speaker (see Tran Paragraph [0243] and Figure 6A, speaker 1384) or video display (see Tran Paragraph [0243] and Figure 6A, display 1382 is located on the front section of the housing 1380);
wherein said audio speaker is capable of transforming an electronic signal into sound (see Tran Paragraph [0244], The CPU is also coupled to a digital to analog (D/A) converter, which drives the speaker to communicate with the user, Paragraph [0243] and Figure 6A, speaker 1384);
wherein said video display is capable of transforming an electronic signal into an image (see Tran Paragraph [0243] and Figure 6A, display 1382 is located on the front section of the housing 1380, and Paragraph [0238], while the cuff-based blood pressure monitoring device collects patient data, the transducer collects patient data in parallel and through the watch's radio transmitter, blood flow velocity is sent to the base station for generating a computer model that converts the blood flow velocity information into systolic and diastolic blood pressure values and this information is sent wirelessly from the base station to the watch for display and to a remote server if needed, therefore transforming electronic signal to imagery on the display);
at least one signal transducer (see Tran Paragraph [0014], sound transducer, Paragraph [0235], ultrasound transducer, Paragraph [0241], optical transducer, and Paragraph [0246], piezoelectric transducer);
a server capable of transmitting an electronic signal from the device to an electronically coupled network (see Tran Paragraph [0058], The base station/server 20 stores the patient's ambulation pattern and vital parameters and can be accessed by the patient's family members (sons/daughters), physicians, caretakers, nurses, hospitals, and elderly community. The base station/server 20 may communicate with the remote server 200 by DSL, T-1 connection over a private communication network or a public information network, such as the Internet 100, among others);
a microprocessor capable of executing a protocol of instructions and controlling the transmission of said signal through said server (see Tran Paragraph [0233], The processor or CPU of the wearable appliance is connected to a radio frequency (RF) transmitter/receiver (such as a Bluetooth device, a Zigbee device, a WiFi device, a WiMAX device, or an 802.X transceiver, among others), Paragraph [0244], The CPU is a preferably low power 16-bit or 32-bit microprocessor and the memory is preferably a high density, low-power RAM. The CPU is coupled via the bus to processor wake-up logic, one or more accelerometers to detect sudden movement in a patient, an ADC 102 which receives speech input from the microphone, and Paragraph [0059], Each of sensors 40 can individually transmit data to the server 20 using wired or wireless transmission. Alternatively, all sensors 40 can be fed through a common bus into a single transceiver for wired or wireless transmission);
wherein at least one sensor, at least one audio speaker, at least one signal transducer, at least one server and at least one microprocessor are electronically coupled together (see Tran Paragraph [0059], One wearable appliance such as a wrist-watch includes sensors 40, for example devices for sensing ECG, EKG, blood pressure, sugar level, among others, Paragraph [0243] and Figure 6A, speaker 1384, Paragraph [0233], The processor or CPU of the wearable appliance is connected to a radio frequency (RF) transmitter/receiver (such as a Bluetooth device, a Zigbee device, a WiFi device, a WiMAX device, or an 802.X transceiver, among others), Paragraph [0235], The wrist band 1374 can also contain other electrical devices such as ultrasound transducer, optical transducer or electromagnetic sensors, among other, and Paragraph [0244], The CPU is a preferably low power 16-bit or 32-bit microprocessor and the memory is preferably a high density, low-power RAM. The CPU is coupled via the bus to processor wake-up logic, one or more accelerometers to detect sudden movement in a patient, an ADC 102 which receives speech input from the microphone, and Paragraph [0059], Each of sensors 40 can individually transmit data to the server 20 using wired or wireless transmission. Alternatively, all sensors 40 can be fed through a common bus into a single transceiver for wired or wireless transmission);
wherein the protocol of instructions further comprises monitoring and analyzing activity on the device and either continuing or modifying the instructions (see Tran Paragraph [0002], methods and systems for monitoring a person, Paragraph [0065], The server 20 also executes one or more software modules to analyze data from the patient, the statistical analyzer is trained with training data where certain signals are determined to be undesirable for the patient, given his age, weight, and physical limitations, among others, in the case that vital signals show undesirable data, for example, the patient's glucose level should be within a well established range, and any value outside of this range is flagged by the statistical analyzer as a dangerous condition. As used herein, the dangerous condition can be specified as an event or a pattern that can cause physiological or psychological damage to the patient. Moreover, interactions between different vital signals can be accounted for so that the statistical analyzer can take into consideration instances where individually the vital signs are acceptable, but in certain combinations, the vital signs can indicate potentially dangerous conditions. Once trained, the data received by the server 20 can be appropriately scaled and processed by the statistical analyzer, Paragraph [0175], monitoring person can instruct the monitored subject to perform a series of simple tasks which can be used for diagnosis of neurological abnormalities. These observations may yield early indicators of the onset of a disease, and Paragraph [0444], using data collected, it may be believed receptive aphasia is occurring and detecting receptive aphasia by displaying text or playing verbal instructions to the user, followed by measuring the correctness and/or time delay of the response from the user, therefore using the analyzed and monitored data, deciding to instruct the user to conduct tests or other instructions when there is a received issue).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to combine the teaching of a device for protected communication between persons which includes three parties, and the protected communication is between the first and third party with approval from the second party (as taught in Ellingham), with a system including a sensor, speaker, display, transducer, a server for transmitting an electronic signal from a device to an electronically coupled network, a microprocessor for executing instructions and controlling the transmission of a signal through a server, and wherein a protocol of instructions performs monitoring and analyzing activity on device (as taught in Tran), the motivation being to provide a device that monitors a user’s health while including an advocate in the communication between the user and a health professional, in the instance of the user being unable to advocate for one’s self, therefore by monitoring the user’s health the system may alert or determine a medical incident (see Tran Paragraph [0012] – [0013]).
Ellingham in view of Tran does not explicitly teach
wherein the first person has a unique identity;
wherein the first person's unique identity can be verified by at least one known identifiable characteristic;
wherein all second persons each have a unique identity; and wherein all second persons' identities are different from the first person's identity;
wherein all third persons each have a unique identity and wherein all third persons' identities are different from the first person's identity;
wherein at least one sensor is capable of identifying the unique identity of the first person by recognizing at least one physical characteristic of the first person by electronic means;
wherein the first device is always active and connected electronically to a server when it is able to sense the first person by at least one sensor;
However, Jorasch teaches
wherein the first person has a unique identity (see Jorasch Paragraph [0126], User ID field 702 may store an identifier (e.g., a unique identifier) for a user, as applied to a first user (see Figure 7 in which three users are presented));
wherein the first person's unique identity can be verified by at least one known identifiable characteristic (see Jorasch Paragraph [0856], Cryptographic accelerator 8065 may include any component or device used to perform cryptographic operations. Cryptographic accelerator 8065 may use data collected by various sources including but not limited to sensor 8030 and/or input device 8020 to use as input into various cryptographic algorithms to verify user identity, as a seed for encryption, or to gather data necessary for decryption. Cryptographic accelerator 8065 may use storage device 8045 for both input and result data used in cryptographic algorithms);
wherein all second persons each have a unique identity; and wherein all second persons' identities are different from the first person's identity (see Jorasch Paragraph [0126], User ID field 702 may store an identifier (e.g., a unique identifier) for a user, as applied to a second user (see Figure 7 in which three users are presented and are all different from one another), and Paragraph [0856], Cryptographic accelerator 8065 may include any component or device used to perform cryptographic operations. Cryptographic accelerator 8065 may use data collected by various sources including but not limited to sensor 8030 and/or input device 8020 to use as input into various cryptographic algorithms to verify user identity, as a seed for encryption, or to gather data necessary for decryption. Cryptographic accelerator 8065 may use storage device 8045 for both input and result data used in cryptographic algorithms);
wherein all third persons each have a unique identity and wherein all third persons' identities are different from the first person's identity (see Jorasch Paragraph [0126], User ID field 702 may store an identifier (e.g., a unique identifier) for a user, as applied to a third user (see Figure 7 in which three users are presented and are all different from one another), and Paragraph [0856], Cryptographic accelerator 8065 may include any component or device used to perform cryptographic operations. Cryptographic accelerator 8065 may use data collected by various sources including but not limited to sensor 8030 and/or input device 8020 to use as input into various cryptographic algorithms to verify user identity, as a seed for encryption, or to gather data necessary for decryption. Cryptographic accelerator 8065 may use storage device 8045 for both input and result data used in cryptographic algorithms);
wherein at least one sensor is capable of identifying the unique identity of the first person by recognizing at least one physical characteristic of the first person by electronic means (see Jorasch Paragraph [0130], For example, field 816 may indicate that a user must provide a password or biometric identifiers in order to access data that has been transmitted over the network, Paragraph [0191], Authentication table 3600 may store user data, such as biometric data, that can be used to authenticate the user the next time it is presented. In various embodiments, table 3600 may store multiple items of user data, such as multiple items of biometric data);
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to combine the teaching of a device for protected communication between persons which includes three parties, and the protected communication is between the first and third party with approval from the second party (as taught in Ellingham), with a system including a sensor, speaker, display, transducer, a server for transmitting an electronic signal from a device to an electronically coupled network, a microprocessor for executing instructions and controlling the transmission of a signal through a server, and wherein a protocol of instructions performs monitoring and analyzing activity on device (as taught in Tran), the motivation being to provide a device that monitors a user’s health while including an advocate in the communication between the user and a health professional, in the instance of the user being unable to advocate for one’s self, therefore by monitoring the user’s health the system may alert or determine a medical incident (see Tran Paragraph [0012] – [0013]).
It would have been further obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of a device for protected communication between persons which includes three parties, and the protected communication is between the first and third party with approval from the second party, and health data is monitored and analyzed from the first party (as taught in Ellingham in view of Tran), with verifying identities of personnel included in communication (as taught in Jorasch), the motivation being to ensure that when a communication takes place, there are not unauthenticated personnel participating and the communication is secure and private (see Jorasch Paragraph [0130]).
Ellingham in view of Tran and Jorasch does not explicitly teach
wherein the first device is always active and connected electronically to a server when it is able to sense the first person by at least one sensor;
However, Gupta teaches
wherein the first device is always active and connected electronically to a server when it is able to sense the first person by at least one sensor (see Gupta Paragraph [0015], In accordance with one embodiment, processing unit 106 may execute computer executable instructions for monitoring for the presence of user 150 using heat sensor 102 and for turning on data processing system 100 in response to detecting the presence of user 150);
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to combine the teaching of a device for protected communication between persons which includes three parties, and the protected communication is between the first and third party with approval from the second party (as taught in Ellingham), with a system including a sensor, speaker, display, transducer, a server for transmitting an electronic signal from a device to an electronically coupled network, a microprocessor for executing instructions and controlling the transmission of a signal through a server, and wherein a protocol of instructions performs monitoring and analyzing activity on device (as taught in Tran), the motivation being to provide a device that monitors a user’s health while including an advocate in the communication between the user and a health professional, in the instance of the user being unable to advocate for one’s self, therefore by monitoring the user’s health the system may alert or determine a medical incident (see Tran Paragraph [0012] – [0013]).
It would have been further obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of a device for protected communication between persons which includes three parties, and the protected communication is between the first and third party with approval from the second party, and health data is monitored and analyzed from the first party (as taught in Ellingham in view of Tran), with verifying identities of personnel included in communication (as taught in Jorasch), the motivation being to ensure that when a communication takes place, there are not unauthenticated personnel participating and the communication is secure and private (see Jorasch Paragraph [0130]).
It would additionally have been further obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of a device for protected communication between persons which includes three authenticated parties, and the protected communication is between the first and third party with approval from the second party, and health data is monitored and analyzed from the first party (as taught in Ellingham in view of Tran and Jorasch), with a device being always active and connected electronically to a server when it is able to sense the first person by at least one sensor (as taught in Gupta), the motivation being to ensure there is not a lapse in collection of health data (see Gupta Paragraph [0015]).
Claims 2 – 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Ellingham et al. (U.S. Pub. No. 2010/0112986, hereinafter “Ellingham”) in view of Tran (U.S. Pub. No. 2012/0330109), Jorasch et al. (U.S. Pub. No. 2021/0399911), Gupta (U.S. Pub. No. 2010/0250985) and Gilvert (U.S. Pub. No. 2022/0246299).
Regarding Claim 2, Ellingham in view of Tran, Jorasch and Gupta teach all the limitations of claim 1, but does not expressively teach
The device of claim 1, wherein the protocol of instructions further comprises sending health-related reminders to the device for the first person to hear or see.
However, Gilvert teaches
The device of claim 1, wherein the protocol of instructions further comprises sending health-related reminders to the device for the first person to hear or see (see Gilvert Paragraph [0128], The patient-facing application 802 may provide a patient dashboard that displays one or more of goal metrics, a steps chart, a distance chart, calories burned chart, and a calendar. The patient-facing application 802 may allow a patient to book appointments with caregivers and may provide cognitive stimulation. The patient-facing application 802 may provide one or more notifications to the patient, such as: weight input reminder, nutrition input reminder, pills and medicine intake reminders, cognition development reminders, activity reminders, blood pressure measurement reminders, and hydration reminders).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to combine the teaching of a device for protected communication between persons which includes three authenticated parties, and the protected communication is between the first and third party with approval from the second party, and health data is always monitored and analyzed from the first party when the first party is detected by a sensor (as taught in Ellingham in view of Tran, Jorasch and Gupta), with sending health-related reminders to a device for a first person (as taught in Gilvert), the motivation being to use collected health data from a user and provide personalized plans and information to address issues (see Gilvert Paragraph [0002]]).
Regarding Claim 3, Ellingham in view of Tran, Jorasch, Gupta and Gilvert teach
The device of claim 1, wherein the protocol of instructions further comprises sending health and wellness education information to the device for the first person to hear or see (see Gilvert Figure 3 and Paragraph [0046], In block 314, the patient, health care provider, and caregiver may coordinate for personalized education, and Paragraph [0047], The platform may provide social networking features to patients for community support and personalized education materials).
Regarding Claim 4, Ellingham in view of Tran, Jorasch, Gupta and Gilvert teach
The device of claim 1, wherein the protocol of instructions further comprises sending cognitive tools to the device for the first person to hear, see or interact with (see Gilvert Paragraph [0069], The repository 840 may utilize voice enabled machine learning tools to screen and monitor for cognitive change. Screening may be combined with intervention in one application for both patients (i.e., therapeutic care) and caregivers (preventive care), and Paragraph [0128], The patient-facing application 802 may allow a patient to book appointments with caregivers and may provide cognitive stimulation).
Regarding Claim 5, Ellingham in view of Tran, Jorasch, Gupta and Gilvert teach
The device of claim 1, wherein the protocol of instructions further comprises sending questions to the device regarding health and wellness for the first person to hear, see or respond to (see Gilvert Paragraph [0105], The one or more diagnostic and therapeutic components may use the feedback to determine a diagnosis of a user. An initial diagnosis may be based on a comprehensive set of user data, tests, and questions, for example, while incremental updates may be made to a diagnosis using smaller data samples, and Paragraph [0107], The one or more diagnostic and therapeutic components may then provide new diagnostic tests and questions to the one or more user devices 810).
Regarding Claim 7, Ellingham in view of Tran, Jorasch, Gupta and Gilvert teach
The device of claim 1, wherein the protocol of instructions further comprises monitoring and analyzing the activity on the device, dynamically modifying the instructions and generating a person-centric modified care plan (see Gilvert Paragraph [0038], For patients and caregivers the platform may provide one or more of: an improved patient and caregiver experience, a whole-body approach to condition management, personalized treatment plans, improved outcomes, portable medical information, and software that covers key medical needs, Paragraph [0042], In block 206, the platform may use artificial intelligence (AI) assisted insights to communicate with patients about, for example, symptoms, drug interactions and safety, and food/nutrition. In block 208, the platform may create and maintain a profile of the patient's lifestyle and treatment. In block 210, the platform may create AI driven personalized patient support programs to improve treatment adherence and self-management. In block 212, the platform may utilize an adaptive virtual advisor to engage patients. Block 214 illustrates the end results of the platform, which may be better quality of life for patients and caregivers, better adherence to treatment/management plans, improved outcomes, and payor savings. The platform may use a dynamic AI driven conversational user interface (UI) to provide health insights, coaching, brain training, and other services).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Ellingham et al. (U.S. Pub. No. 2010/0112986, hereinafter “Ellingham”) in view of Tran (U.S. Pub. No. 2012/0330109), Jorasch et al. (U.S. Pub. No. 2021/0399911), Gupta (U.S. Pub. No. 2010/0250985) and Shin (U.S. Pub. No. 2023/0141079).
Regarding Claim 6, Ellingham in view of Tran, Jorasch and Gupta teach all the limitations of claim 1, but does not expressively teach
The device of claim 1, wherein the protocol of instructions further comprises generating weekly, monthly and 12 month rolling reports of all the interactions with the system and utilization of the devices and companion apps.
However, Shin teaches
The device of claim 1, wherein the protocol of instructions further comprises generating weekly, monthly and 12 month rolling reports of all the interactions with the system and utilization of the devices and companion apps (See Shin Paragraph [0072], Further, in the user mode, the software API may be configured to display current statistics of the one or more parameters based on monitoring of the one or more parameters by the health tracking device. Further, the displaying, in an instance, may include at least one daily vital sign associated with the one or more parameters. Further, in the user mode, the software API may be configured to display past statistics of the one or more parameters based on the monitoring of the one or more parameters by the health tracking device. Further, the displaying, in an instance, may include a report based on a duration of time. Further, the report based on the duration of time may include a weekly report, a monthly report, and/or a yearly report).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to combine the teaching of a device for protected communication between persons which includes three authenticated parties, and the protected communication is between the first and third party with approval from the second party, and health data is always monitored and analyzed from the first party when the first party is detected by a sensor (as taught in Ellingham in view of Tran, Jorasch and Gupta), with generating timely reports using the user’s device and collected information (as taught in Shin), the motivation being to update a user and appropriate parties the status and trend of the user’s health, to either ensure they are healthy or need improvement (see Shin Paragraph [0006]).
Claims 8 and 10 - 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tran (U.S. Pub. No. 2012/0330109) in view of Ellingham et al. (U.S. Pub. No. 2010/0112986, hereinafter “Ellingham”), and Gilvert (U.S. Pub. No. 2022/0246299).
Regarding Claim 8, Tran teaches
A digital health companion device (see Tran Paragraph [0030], health monitoring device) comprising:
at least one sensor (see Tran Paragraph [0059], One wearable appliance such as a wrist-watch includes sensors 40, for example devices for sensing ECG, EKG, blood pressure, sugar level, among others);
at least one audio speaker (see Tran Paragraph [0243] and Figure 6A, speaker 1384) or video display (see Tran Paragraph [0243] and Figure 6A, display 1382 is located on the front section of the housing 1380);
wherein said audio speaker is capable of transforming an electronic signal into sound (see Tran Paragraph [0244], The CPU is also coupled to a digital to analog (D/A) converter, which drives the speaker to communicate with the user, Paragraph [0243] and Figure 6A, speaker 1384);
wherein said video display is capable of transforming an electronic signal into an image (see Tran Paragraph [0243] and Figure 6A, display 1382 is located on the front section of the housing 1380, and Paragraph [0238], while the cuff-based blood pressure monitoring device collects patient data, the transducer collects patient data in parallel and through the watch's radio transmitter, blood flow velocity is sent to the base station for generating a computer model that converts the blood flow velocity information into systolic and diastolic blood pressure values and this information is sent wirelessly from the base station to the watch for display and to a remote server if needed, therefore transforming electronic signal to imagery on the display);
at least one signal transducer (see Tran Paragraph [0014], sound transducer, Paragraph [0235], ultrasound transducer, Paragraph [0241], optical transducer, and Paragraph [0246], piezoelectric transducer);
a server capable of transmitting an electronic signal from the device to an electronically coupled network (see Tran Paragraph [0058], The base station/server 20 stores the patient's ambulation pattern and vital parameters and can be accessed by the patient's family members (sons/daughters), physicians, caretakers, nurses, hospitals, and elderly community. The base station/server 20 may communicate with the remote server 200 by DSL, T-1 connection over a private communication network or a public information network, such as the Internet 100, among others);
a microprocessor capable of executing a protocol of instructions and controlling the transmission of said signal through said server (see Tran Paragraph [0233], The processor or CPU of the wearable appliance is connected to a radio frequency (RF) transmitter/receiver (such as a Bluetooth device, a Zigbee device, a WiFi device, a WiMAX device, or an 802.X transceiver, among others), Paragraph [0244], The CPU is a preferably low power 16-bit or 32-bit microprocessor and the memory is preferably a high density, low-power RAM. The CPU is coupled via the bus to processor wake-up logic, one or more accelerometers to detect sudden movement in a patient, an ADC 102 which receives speech input from the microphone, and Paragraph [0059], Each of sensors 40 can individually transmit data to the server 20 using wired or wireless transmission. Alternatively, all sensors 40 can be fed through a common bus into a single transceiver for wired or wireless transmission);
wherein at least one sensor, at least one audio speaker, at least one signal transducer, at least one server and at least one microprocessor are electronically coupled together (see Tran Paragraph [0059], One wearable appliance such as a wrist-watch includes sensors 40, for example devices for sensing ECG, EKG, blood pressure, sugar level, among others, Paragraph [0243] and Figure 6A, speaker 1384, Paragraph [0233], The processor or CPU of the wearable appliance is connected to a radio frequency (RF) transmitter/receiver (such as a Bluetooth device, a Zigbee device, a WiFi device, a WiMAX device, or an 802.X transceiver, among others), Paragraph [023