DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Status
Claims 1, 15 and 16 are amended. Claims 3-4 and 12 are canceled. Claims 1, 2, 5-11 and 13-17 are pending in the instant application.
Response to Arguments
Applicant’s arguments, see Remarks, filed on 5/15/2026 have been fully considered.
Claim Rejections under 35 U.S.C. 103
Claims 1, 10 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Tseng (US 2009/0089672) in view of Jain (US 11,281,553).
Claims 1, 15 and 16 are amended as follows:
“wherein the registering means registers a condition for sending the measurement value to the server in association with the address information, the condition being based on content of a measurement of the measurement value or an acquisition status of the measurement value, and
wherein the transmission control means determines whether or not a measured measurement value satisfies the condition, and sends the measurement value that satisfies the condition to the server specified by the address information associated with the condition.” (Emphasis Added)
On page 8 of the Remarks, Applicant argues prior art of record including Kamran (US 2016/0171168) and Tedesco (US 8,441,356) fail to teach the amended features recited in the independent claims. Applicant’s argument is persuasive, therefore, a new ground of rejection is made in light of the amendment.
Dependent Claims
Applicant argues these claims conditionally based on the arguments presented to their parent claim(s). Applicant’s argument is persuasive, therefore, a new ground of rejection is made in light of the amendment.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Claims 1-17 in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as "configured to" or "so that"; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
The claim limitations in this application that use the word "means" (or "step") are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word "means" (or "step") are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Such claim limitations are: “communication means for receiving..” “registering means for registering …” and “transmission control means for sending …” of claims 1, 2, 8-11 and 13-16.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. According to the specification, the means are illustrated in Fig. 2 and paragraphs [0031]-[0033] and [0055]-[0056].
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 10 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Tseng (US 2009/0089672) in view of Jain (US 11,281,553), further in view of Alsafadi et al. (US 2003/0236824), hereinafter Alsafadi.
As for claim 1, Tseng teaches a body composition meter comprising (paragraph [0051] describes a body composition measuring instrument):
communication means for exchanging a measurement value of the body composition meter with a terminal device capable of communicating with the body composition meter (paragraph [0051] describes a communication terminal capable of exchanging data with the body composition measuring instrument);
transmission control means for sending the measurement value to the server (paragraph [0135] and [0137] describe the body composition instrument outputs the body information of the user and the measurement data to the communication terminal which transfers the body information and the measurement data to the server).
Tseng fails to teach
wherein exchanging data includes receiving, from a terminal device, address information of a server to which data is to be sent.
registering means for registering the address information received by the communication means for each user; and
wherein the server is specified by the address information registered by the registering means;
wherein the registering means registers a condition for sending the measurement value to the server in association with the address information, the condition being based on content of a measurement of the measurement value or an acquisition status of the measurement value, and
wherein the transmission control means determines whether or not a measured measurement value satisfies the condition, and sends the measurement value that satisfies the condition to the server specified by the address information associated with the condition.
Jain discloses
registering means for registering the address information received by the communication means (col. 61, lines 60-66 describe configuration data is configured to adjust operation of remote devices to set or change network communication parameters used by the remote device to report data acquired for a program to a server over a computer network, the network communication parameters comprising a server or network address to which acquired data is transmitted; col. 69, lines 39-57 describe the described functional operations can be implemented as computer program products or instructions encoded on a computer readable medium for execution by data processing apparatus (i.e. devices, machines including a processor, a computer etc.). The functional operations that are executed by the computer’s processor are interpreted as the means in the claimed limitation);
wherein the server is specified by the address information registered by the registering means (col. 62, lines 31-35 describe the network communication parameters comprising at least one of a server or network address to which acquired data is transmitted);
wherein a registering means registers a condition for sending the measurement value to the server in association with the address information (col. 61, lines 60-67 and col. 62, lines 1-3 describe configuration data can be configured to adjust operation of the remote devices to set network communication parameters used by the remote device to report data acquired for a program to a server system over a computer network, the network communication parameters comprising one or more events or conditions that trigger transmission of acquired data, or one or more ranges or threshold that trigger transmission of acquired data), and wherein a transmission control means sends a measurement value that satisfies a condition to a server specified by the address information associated with the condition (col. 61, lines 60-67 and col. 62, lines 1-3 describe configuration data can be configured to adjust operation of the remote devices to set network communication parameters used by the remote device to report data acquired for a program to a server system over a computer network, the network communication parameters comprising one or more events or conditions that trigger transmission of acquired data, or one or more ranges or threshold that trigger transmission of acquired data).
One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Jain for setting up configuration data regarding conditions of acquired data. The teachings of Jain when implemented in the Tseng system, will allow one of ordinary skill in the art to measurement data to a server. One of ordinary skill in the art would be motivated to utilize the teachings of Jain in the Tseng system in order to enable a system to evaluate monitoring data and determine that a particular conditions justified enhanced monitoring, e.g. to investigate the causes, effects, or rate of occurrence of the particular conditions (Jain: col. 1, lines 44-49).
The combined system of Tseng and Jain fails to teach
wherein registering is for each user; and
the condition being based on content of a measurement of the measurement value or an acquisition status of the measurement value, and
wherein the transmission control means determines whether or not a measured measurement value satisfies the condition.
Alsafadi discloses
wherein registering is for each user (paragraphs [0014]-[0015] describe parameters that form the basis for a request that are generated at a user end. The parameters comprises a tag identification (Tag ID), and an object identifier (Object ID). The Tag ID, Object ID and any other parameters are transmitted from the user node to a network node that hosts an action table, look-up table, database, or the like; paragraph [0055] describes an example, a coffee machine manufacturer may itself maintain the action table server. A list of Tag IDs for employees and their corresponding coffee preferences are submitted to the manufacturer and periodically updated); and
the condition being based on content of a measurement of the measurement value or an acquisition status of the measurement value (paragraph [0044] describes a blood pressure reading and Tag ID of person are transmitted to a medical monitoring server for processing when abnormal blood pressure conditions are detected), and
wherein the transmission control means determines whether or not a measured measurement value satisfies the condition (paragraphs [0041]-[0043] describe person’s A identity and blood pressure reading are transmitted from a home server to a server of the medical monitoring service along with instructions for processing. The processing includes compiling blood pressure readings for person A, along with the data and time of the reading. The compiled readings may then be retrieved and analyzed from the server by person A’s doctor. If, however, an abnormal reading (usually high, for example) is received by medical monitoring service, a corresponding supplementary instruction (action) may be retrieved from a memory associated with the server and transmitting the additional information to the specialized heart monitoring service server, along with person A’s identity, web address and blood pressure reading. A summary of the findings of the extended analysis are returned to the web address of the blood pressure monitor and displayed on an LCD display. If the extended analysis indicates a dangerous blood pressure level, an alert may be returned instructing person A to seek immediate medical attention).
One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Alsafadi for using data associated with a user to look up a corresponding action in an action table. The teachings of Alsafadi when implemented in the Tseng and Jain system, will allow one of ordinary skill in the art to provide a customized service in a network. One of ordinary skill in the art would be motivated to utilize the teachings of Alsafadi in the Tseng and Jain system in order to provide a network system that automatically receives sensor-read or parameters associated with a user, processes the parameters into corresponding action requests, and routes the action request to an appropriate network node for servicing the action (Alsafadi: paragraph [0012]).
As for claim 10, the combined system of Tseng, Jain and Alsafadi teaches a service system comprising (Tseng: Fig. 1; paragraph [0051] describes a body composition display system):
a terminal device capable of communicating with a body composition meter (Tseng: Fig. 1, Communication Terminal 200; paragraph [0051] describes a communication terminal capable of exchanging data with the body composition measuring instrument);
a body composition meter according to claim 1 (Tseng: Fig. 1, Body composition measuring instrument 100; paragraph [0051]); and
a server for holding a measurement value of the body composition meter (Tseng: Fig. 1, Server 300; paragraph [0051]).
As for claim 15, Tseng teaches a measurement value transmission method having (paragraph [0135] and [0137] describe the body composition instrument outputs the body information of the user and the measurement data to the communication terminal which transfers the body information and the measurement data to the server);
a third step of sending the measurement value to the server specified by the address information (paragraph [0135] and [0137] describe the body composition instrument outputs the body information of the user and the measurement data to the communication terminal which transfers the body information and the measurement data to the server);
wherein communication means is provided on a body composition meter (paragraph [0051] describes a communication terminal of a body composition measuring instrument) and wherein a body composition meter is a device (paragraph [0055] describes a body composition measuring instrument).
Tseng fails to teach
a first step of communication means provided on a body composition meter receiving, from a terminal device capable of communicating with the body composition meter, address information of a server to which a measurement value of a device is to be sent;
a second step of the body composition meter registering the address information received by the communication means for each user; and
wherein the second step registers a condition for sending the measurement value to the server in association with the address information, the condition being based on content of a measurement result of the measurement value or an acquisition status of the measurement value, and
wherein the third step determines whether or not a measured measurement value satisfies the condition, and sends the measurement value that satisfies the condition to the server specified by the address information associated with the condition.
Jain discloses
a first step of communication means provided on a device receiving, from a terminal device capable of communicating with a device, address information of a server to which a measurement value of the device is to be sent (col. 61, lines 60-66 describe configuration data is configured to adjust operation of remote devices to set or change network communication parameters used by the remote device to report data acquired for a program to a server over a computer network, the network communication parameters comprising a server or network address to which acquired data is transmitted; col. 69, lines 39-57 describe the described functional operations can be implemented as computer program products or instructions encoded on a computer readable medium for execution by data processing apparatus (i.e. devices, machines including a processor, a computer etc. The functional operations that are executed by the computer’s processor are interpreted as the means in the claimed limitation);
a second step of the device registering the address information received by the communication means; and
a third step of sending the measurement value to the server specified by the address information registered by the device,
wherein a second step of registers a condition for sending measurement value to the server in association with the address information (col. 62, lines 31-35 describe the network communication parameters comprising at least one of a server or network address to which acquired data is transmitted); and
wherein a third step sends the measurement value that satisfies the condition to the server specified by the address information registered by the address information associated with the condition (col. 61, lines 60-67 and col. 62, lines 1-3 describe configuration data can be configured to adjust operation of the remote devices to set network communication parameters used by the remote device to report data acquired for a program to a server system over a computer network, the network communication parameters comprising one or more events or conditions that trigger transmission of acquired data, or one or more ranges or threshold that trigger transmission of acquired data).
One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Jain for setting up configuration data regarding conditions of acquired data. The teachings of Jain when implemented in the Tseng system, will allow one of ordinary skill in the art to measurement data to a server. One of ordinary skill in the art would be motivated to utilize the teachings of Jain in the Tseng system in order to enable a system to evaluate monitoring data and determine that a particular conditions justified enhanced monitoring, e.g. to investigate the causes, effects, or rate of occurrence of the particular conditions (Jain: col. 1, lines 44-49).
The combined system of Tseng and Jain fails to teach
The combined system of Tseng and Jain fails to teach
wherein registering is for each user; and
the condition being based on content of a measurement of the measurement value or an acquisition status of the measurement value, and
wherein the transmission control means determines whether or not a measured measurement value satisfies the condition.
Alsafadi discloses
wherein registering is for each user (paragraphs [0014]-[0015] describe parameters that form the basis for a request that are generated at a user end. The parameters comprises a tag identification (Tag ID), and an object identifier (Object ID). The Tag ID, Object ID and any other parameters are transmitted from the user node to a network node that hosts an action table, look-up table, database, or the like; paragraph [0055] describes an example, a coffee machine manufacturer may itself maintain the action table server. A list of Tag IDs for employees and their corresponding coffee preferences are submitted to the manufacturer and periodically updated); and
the condition being based on content of a measurement of the measurement value or an acquisition status of the measurement value (paragraph [0044] describes a blood pressure reading and Tag ID of person are transmitted to a medical monitoring server for processing when abnormal blood pressure conditions are detected), and
wherein the third step determines whether or not a measured measurement value satisfies the condition (paragraphs [0041]-[0043] describe person’s A identity and blood pressure reading are transmitted from a home server to a server of the medical monitoring service along with instructions for processing. The processing includes compiling blood pressure readings for person A, along with the data and time of the reading. The compiled readings may then be retrieved and analyzed from the server by person A’s doctor. If, however, an abnormal reading (usually high, for example) is received by medical monitoring service, a corresponding supplementary instruction (action) may be retrieved from a memory associated with the server and transmitting the additional information to the specialized heart monitoring service server, along with person A’s identity, web address and blood pressure reading. A summary of the findings of the extended analysis are returned to the web address of the blood pressure monitor and displayed on an LCD display. If the extended analysis indicates a dangerous blood pressure level, an alert may be returned instructing person A to seek immediate medical attention).
One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Alsafadi for using data associated with a user to look up a corresponding action in an action table. The teachings of Alsafadi when implemented in the Tseng and Jain system, will allow one of ordinary skill in the art to provide a customized service in a network. One of ordinary skill in the art would be motivated to utilize the teachings of Alsafadi in the Tseng and Jain system in order to provide a network system that automatically receives sensor-read or parameters associated with a user, processes the parameters into corresponding action requests, and routes the action request to an appropriate network node for servicing the action (Alsafadi: paragraph [0012]).
As for claim 16, Tseng teaches a measurement value transmission program causing a computer, which is provided on a body composition meter having communication means for receiving, from a terminal device, address information of a server to which a measurement value of the body composition meter is to be sent (paragraph [0135] and [0137] describe the body composition instrument outputs the body information of the user and the measurement data to the communication terminal which transfers the body information and the measurement data to the server), to function as;
transmission control means for sending the measurement value to the server sending the measurement value to the server specified by the address information (paragraph [0135] and [0137] describe the body composition instrument outputs the body information of the user and the measurement data to the communication terminal which transfers the body information and the measurement data to the server).
Tseng fails to teach
registering means for registering the address information received by the communication means for each user; and
wherein the registering means registers a condition for sending the measurement value to the server in association with the address information, the condition being based on content of a measurement result of the measurement value or an acquisition status of the measurement value, and
wherein the transmission control means, determines whether or not a measured measurement value satisfies the condition, and sends the measurement value that satisfies the condition to the server specified by the address information associated with the condition.
Jain discloses
registering means for registering the address information received by the communication means (col. 61, lines 60-66 describe configuration data is configured to adjust operation of remote devices to set or change network communication parameters used by the remote device to report data acquired for a program to a server over a computer network, the network communication parameters comprising a server or network address to which acquired data is transmitted; col. 69, lines 39-57 describe the described functional operations can be implemented as computer program products or instructions encoded on a computer readable medium for execution by data processing apparatus (i.e. devices, machines including a processor, a computer etc. The functional operations that are executed by the computer’s processor are interpreted as the means in the claimed limitation);
wherein a registering means registers a condition for sending the measurement value to the server in association with the address information (col. 61, lines 60-67 and col. 62, lines 1-3 describe configuration data can be configured to adjust operation of the remote devices to set network communication parameters used by the remote device to report data acquired for a program to a server system over a computer network, the network communication parameters comprising one or more events or conditions that trigger transmission of acquired data, or one or more ranges or threshold that trigger transmission of acquired data), and
wherein a transmission control means sends a measurement value that satisfies a condition to a server specified by the address information associated with the condition (col. 61, lines 60-67 and col. 62, lines 1-3 describe configuration data can be configured to adjust operation of the remote devices to set network communication parameters used by the remote device to report data acquired for a program to a server system over a computer network, the network communication parameters comprising one or more events or conditions that trigger transmission of acquired data, or one or more ranges or threshold that trigger transmission of acquired data).
One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Jain for setting up configuration data regarding conditions of acquired data. The teachings of Jain when implemented in the Tseng system, will allow one of ordinary skill in the art to measurement data to a server. One of ordinary skill in the art would be motivated to utilize the teachings of Jain in the Tseng system in order to enable a system to evaluate monitoring data and determine that a particular conditions justified enhanced monitoring, e.g. to investigate the causes, effects, or rate of occurrence of the particular conditions (Jain: col. 1, lines 44-49).
The combined system of Tseng and Jain fails to teach
wherein registering is for each user; and
the condition being based on content of a measurement of the measurement value or an acquisition status of the measurement value, and
wherein the transmission control means determines whether or not a measured measurement value satisfies the condition.
Alsafadi discloses
wherein registering is for each user (paragraphs [0014]-[0015] describe parameters that form the basis for a request that are generated at a user end. The parameters comprises a tag identification (Tag ID), and an object identifier (Object ID). The Tag ID, Object ID and any other parameters are transmitted from the user node to a network node that hosts an action table, look-up table, database, or the like; paragraph [0055] describes an example, a coffee machine manufacturer may itself maintain the action table server. A list of Tag IDs for employees and their corresponding coffee preferences are submitted to the manufacturer and periodically updated); and
the condition being based on content of a measurement of the measurement value or an acquisition status of the measurement value (paragraph [0044] describes a blood pressure reading and Tag ID of person are transmitted to a medical monitoring server for processing when abnormal blood pressure conditions are detected), and
wherein the transmission control means determines whether or not a measured measurement value satisfies the condition (paragraphs [0041]-[0043] describe person’s A identity and blood pressure reading are transmitted from a home server to a server of the medical monitoring service along with instructions for processing. The processing includes compiling blood pressure readings for person A, along with the data and time of the reading. The compiled readings may then be retrieved and analyzed from the server by person A’s doctor. If, however, an abnormal reading (usually high, for example) is received by medical monitoring service, a corresponding supplementary instruction (action) may be retrieved from a memory associated with the server and transmitting the additional information to the specialized heart monitoring service server, along with person A’s identity, web address and blood pressure reading. A summary of the findings of the extended analysis are returned to the web address of the blood pressure monitor and displayed on an LCD display. If the extended analysis indicates a dangerous blood pressure level, an alert may be returned instructing person A to seek immediate medical attention).
One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Alsafadi for using data associated with a user to look up a corresponding action in an action table. The teachings of Alsafadi when implemented in the Tseng and Jain system, will allow one of ordinary skill in the art to provide a customized service in a network. One of ordinary skill in the art would be motivated to utilize the teachings of Alsafadi in the Tseng and Jain system in order to provide a network system that automatically receives sensor-read or parameters associated with a user, processes the parameters into corresponding action requests, and routes the action request to an appropriate network node for servicing the action (Alsafadi: paragraph [0012]).
As for claim 17, the claim list all the same elements of claim 16, but in a computer-readable non-transitory storage medium holding the measurement value transmission program (Tseng: paragraph [0088] describe a ROM storing programs) to perform operations. Therefore, the supporting rationale of the rejection to claim 16 applies equally as well to claim 17.
Claims 2, 8, 9, 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Tseng (US 2009/0089672) in view of Jain (US 11,281,553) and Alsafadi (US 2003/0236824) further in view of Kampman (US 2014/0039337).
As for claim 2, the combined system of Tseng, Jain and Alsafadi fails to teach
wherein a registering means registers the address information for each user.
Kampman discloses wherein a registering means registers the address information for each user (paragraph [0026] describes the measurement device performs a registration phase in which the measurement transmits the network address of the computer server to the equipment interface unit; paragraph [0032] describes the equipment interface unit is used by different users at different times).
One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Kampman for registering address of a server computer. The teachings of Kampman when implemented in the Tseng and Jain system, will allow one of ordinary skill in the art to forward a user measurement data to a server. One of ordinary skill in the art would be motivated to utilize the teachings of Kampman in the Tseng, Jain and Alsafadi system in order to enable the equipment interface unit to determine a correct server storing the user account of the user, it also enables the server to store the measurement data received from the equipment interface unit into a correct user account (Kampman: paragraph [0032]).
As for claim 8, the combined system of Tseng, Jain and Alsafadi fails to teach wherein the registering means registers a server chosen by a user, as the server to which the measurement value is to be sent.
Kampman discloses wherein the registering means registers a server chosen by a user, as the server to which the measurement value is to be sent (paragraphs [0026]-[0028] describe a user performs a registration phase using the measurement device to transmit the network address of the server compute. The equipment interface unit acquires a network address of the server computer to which transmit any measurement data received during an exercise).
One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Kampman for providing remote devices with patient measurements. The teachings of Kampman when implemented in the Tseng, Jain and Alsafadi system, will allow one of ordinary skill in the art to enable practitioner to analyze a user’s condition. One of ordinary skill in the art would be motivated to utilize the teachings of Kampman in the Tseng, Jain and Alsafadi system in order to provide services to patients using their physiology measurement, the services are provided remotely which reduces the time and resources for patients to obtain health care services.
As for claim 9, the combined system of Tseng, Jain and Alsafadi fails to teach wherein a registering means registers a server chosen by a user, as the server to which a measurement value is to be sent.
Kampman discloses wherein a registering means registers a server chosen by a user, as the server to which a measurement value is to be sent (paragraphs [0026]-[0028] describe a user performs a registration phase using the measurement device to transmit the network address of the server compute. The equipment interface unit acquires a network address of the server computer to which transmit any measurement data received during an exercise).
One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Kampman for providing remote devices with patient measurements. The teachings of Kampman when implemented in the Tseng, Jain and Alsafadi system, will allow one of ordinary skill in the art to enable practitioner to analyze a user’s condition. One of ordinary skill in the art would be motivated to utilize the teachings of Kampman in the Tseng, Jain and Alsafadi system in order to provide services to patients using their physiology measurement, the services are provided remotely which reduces the time and resources for patients to obtain health care services.
As for claim 11, the combined system of Tseng, Jain, Alsafadi and Kampman teaches a service system comprising (Tseng: Fig. 1; paragraph [0051] describes a body composition display system):
a terminal device capable of communicating with a body composition meter (Tseng: Fig. 1, Communication Terminal 200; paragraph [0051] describes a communication terminal capable of exchanging data with the body composition measuring instrument);
a body composition meter according to claim 1 (Tseng: Fig. 1, Body composition measuring instrument 100; paragraph [0051]); and
a server for holding a measurement value of the body composition meter (Tseng: Fig. 1, Server 300; paragraph [0051]).
As for claim 13, the combined system of Tseng, Jain, Alsafadi and Kampman teaches a service system comprising (Tseng: Fig. 1; paragraph [0051] describes a body composition display system):
a terminal device capable of communicating with a body composition meter (Tseng: Fig. 1, Communication Terminal 200; paragraph [0051] describes a communication terminal capable of exchanging data with the body composition measuring instrument);
a body composition meter according to claim 3 (Tseng: Fig. 1, Body composition measuring instrument 100; paragraph [0051]); and
a server for holding a measurement value of the body composition meter (Tseng: Fig. 1, Server 300; paragraph [0051]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Tseng (US 2009/0089672) in view of Jain (US 11,281,553) and Alsafadi (US 2003/0236824), further in view of Karam et al. (US 2016/0171168), hereinafter Karam.
As for claim 5, the combined system of Tseng, Jain and Alsafadi fails to teach wherein a condition is based on a measurement value's magnitude
Karam discloses wherein a condition is based on a measurement value's magnitude (paragraph [0023] describes setting parameters for patient usage includes defining alerts for the patient or practitioner when measurements exceeds a particular range).
One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Karam for providing remote devices with patient measurements. The teachings of Kamran when implemented in the Tseng, Jain and Alsafadi system, will allow one of ordinary skill in the art to enable practitioner to analyze a user’s condition. One of ordinary skill in the art would be motivated to utilize the teachings of Karam in the Tseng, Jain and Alsafadi system in order to provide services to patients using their physiology measurement, the services are provided remotely which reduces the time and resources for patients to obtain health care services.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Tseng (US 2009/0089672) in view of Jain (US 11,281,553) and Alsafadi (US 2003/0236824) further in view of Tedesco et al. (US 8,441,356), hereinafter Tedesco.
As for claim 6, the combined system of Tseng, Jain and Alsafadi fails to teach wherein a condition is based on a measurement value's acquired date and time or day of week.
Tedesco discloses
wherein a condition is based on a measurement value's acquired date and time or day of week (col.8, lines 48-54 describe a condition of a user’s measurement data is set, the condition is associated with date and time).
One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Tedesco for setting up a rule with date and time. The teachings of Tedesco when implemented in the Tseng, Jain and Alsafadi system, will allow one of ordinary skill in the art to distinguish data belongs to different categories and users. One of ordinary skill in the art would be motivated to utilize the teachings of Tedesco in the Tseng, Jain and Alsafadi system in order to monitor for occurrence of criteria.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Tseng (US 2009/0089672) in view of Jain (US 11,281,553), Alsafadi (US 2003/0236824) and Kamran (US 2016/0171168) further in view of Tedesco et al. (US 8,441,356), hereinafter Tedesco.
As for claim 7, the combined system of Tseng, Jain, Alsafadi and Karam fails to teach wherein a condition is based on a measurement value's acquired date and time or day of week.
Tedesco discloses
wherein a condition is based on a measurement value's acquired date and time or day of week (col.8, lines 48-54 describe a condition of a user’s measurement data is set, the condition is associated with date and time).
One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Tedesco for setting up a rule with date and time. The teachings of Tedesco when implemented in the Tseng, Jain, Alsafadi and Karam system, will allow one of ordinary skill in the art to distinguish data belongs to different categories and users. One of ordinary skill in the art would be motivated to utilize the teachings of Tedesco in the Tseng, Jain, Alsafadi and Karam system in order to monitor for occurrence of criteria.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Tseng (US 2009/0089672) in view of Jain (US 11,281,553) and Alsafadi (US 2003/0236824) further in view of Lee et al. (US 2018/0144819), hereinafter Lee.
As for claim 14, the combined system of Tseng, Jain and Alsafadi teaches the service system according to claim 10 (Tseng: Fig. 1; paragraph [0051] describes a body composition display system).
The combined system of Tseng, Jain and Alsafadi fails to teach
wherein an application using a measurement value of a body composition meter functions on a terminal device, and wherein the application has a function to send the address information of a server to the body composition meter.
Lee discloses
wherein an application using a measurement value of a body composition meter functions on a terminal device (paragraph [0030] describes a user device communicates with a body fat or body sugar measuring device and downloads and executes a predetermined application), and wherein the application has a function to send the address information of a server to the body composition meter (paragraph [0076] describes a server utilizes an application DB to provide an application to the user device. The application DB stores application execution information includes an address of application provider server).
One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized the ability to utilize the teachings of Lee for utilizing an application on a user device. The teachings of Lee when implemented in the Tseng, Jain and Alsafadi system, will allow one of ordinary skill in the art to collect measurement data from a device. One of ordinary skill in the art would be motivated to utilize the teachings of Lee in the Tseng, Jain and Alsafadi system in order to use the application that helps users manage their physiology measurements and receive feedbacks according to a measurement result.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Au et al. (US 2024/0183936) teach method for wireless sensing measurement and reporting
Rance et al. (US 2022/0225948) teach method for using a wearable device with biofeedback sensors to mitigate disease transmission.
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 L. T N. whose telephone number is (571)272-1013. The examiner can normally be reached M & Th 5:30 am - 2:30 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TONIA DOLLINGER can be reached at 571-272-4170. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/L. T. N/
Examiner, Art Unit 2459
/TONIA L DOLLINGER/Supervisory Patent Examiner, Art Unit 2459
Prosecution Insights