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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 04/18/2024, 06/10/2024, 06/13/2024, 09/20/2024, 01/27/2025 and 03/28/2025 have being considered by the examiner.
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.
Claims 21-26, 33, 39, 40 and 41 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 22, 32, 40 and 41 of copending Application No. 18/946584 (‘584) as amended 11/3/2025 in view of Trikha US 2023/0152652.
Re claim 21, claim 22 of ‘584 discloses
A harm prevention monitoring system for automatically monitoring a risk of harm to an individual in a designated environment, the system comprising (see claim 22 “A system for automatically monitoring an individual in a designated environment to identify a risk of harm while maintaining a privacy of the individual, the system comprising”)
a sensor array configured to acquire data of a plurality of data types representative of a current state of the individual; ( see claim 22 “a radar capturing radar data of the designated environment” and “an image-based sensor capturing image-based data of the designated environment to extract therefrom a digital representation of a posture of the individual within the designated environment such that an identity of the individual is unidentifiable from said digital representation” note that these two elements correspond to the sensor array and the posture corresponds to the state of the individual)
a control interface (see claim 22 “a network communication interface”);
a digital data processor configured to execute digital instructions to automatically (see claim 22 “a digital data processor executing non-transitory digital instructions in real-time to digitally“).
via said data of said plurality of data types acquired via said sensor array, extract in real-time a characteristic feature of said current state of the individual (see claim 22 “process said radar data to extract a current vital sign of the individual being monitored; compare said digital representation of the posture with multiple predefined postures to categorize a current predefined posture of the individual being monitored”);
digitally compute using said characteristic feature the risk of harm to the individual with respect to an anticipated harm scenario; (see claim 22 ”identify a given risk of harm upon said current vital sign and said current predefined posture in combination corresponding with a given one of said multiple anticipated harm” )
and upon the risk of harm corresponding with said anticipated harm scenario, communicate via said control interface an alert corresponding to said anticipated harm scenario (see claim 22 ”communicate an alert corresponding to said identified given risk of harm via said control network communication interface”);
wherein said sensor array comprises a radar sensor configured to capture radar data of the designated environment, (see claim 22 “a radar capturing radar data of the designated environment”)
wherein said characteristic feature comprises a vital sign of the individual, (see claim 22 “extract a current vital sign of the individual being monitored”)
and wherein the risk of harm is at least partly computed by implementing a non-contact vital sign monitoring process (see claim 22” process said radar data to extract a current vital sign of the individual being monitored”).
Claim 22 does not expressly disclose
a control interface configured to communicate with said sensor array and a remote device
a digital data processor in communication with said sensor array and said control interface
communicate via said control interface to said remote device an alert
Trikha discloses
a control interface configured to communicate with said sensor array (see paragraph 10 and 124 control network, note that the control network communicates with other devices see also paragraph 206 207 34); and a remote device (see paragraph 206 124 and 117 note that alerts may be sent to device such as a phone i.e. remote device see also paragraph 10).
a digital data processor in communication with said sensor array and said control interface (see paragraph 124 note that the sensor may contain a processor see also paragraph 34 “In some embodiments, the sensor system is comprised of a device ensemble that comprises controllers and/or processors. In some embodiments, the sensor system is operatively coupled to a hierarchical control system comprising a plurality of controllers.” See also paragraph 10 note the sensor is connected via the communication network):
communicate to said remote device an alert (see paragraph 117 note that report may be transmitted to with respect to an ill individual to a wireless device see paragraph 150 for example control system may activate a buzzer corresponding to the abnormal characteristics note that illness can cause harm);
The motivation to combine is “the report may be transmitted to a party of interest. The party of interest may be an establishment head, a facility owner, a user, a tested individual. The data may be saved, analyzed and/or reported in compliance with jurisdictional rules and regulations”. One of ordinary skill in the art could easily adapted the elements of claim 22 to communicate with each other and a remote device as taught by Trikha. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine claim 22 and Trikha to reach the aforementioned advantage.
Re claim 22 claim 32 of ‘584 discloses wherein said sensor array further comprises one or more of a colour (RGB) camera, a colour-depth (RBG-D) camera, a depth camera, a thermal sensor, an audio sensor, or a dynamic vision sensor (DVS). (see claim 22 wherein said image-based sensor comprises one or more of a colour (RGB) camera, a colour-depth (RBG-D) camera, a depth camera, or a dynamic vision sensor (DVS).)
Re claim 23, claim 32 of ‘584 discloses wherein said data types further comprises one or more of visual images or video, depth-related data, thermal or infrared (IR) data, audio data, or event data. (see claim 32 “wherein said sensor array further comprises one or more of a colour (RGB) camera, a colour-depth (RBG-D) camera, a depth camera, a thermal sensor, an audio sensor, or a dynamic vision sensor (DVS)”)
Re claim 24, claim 22 and Trikha discloses the elements of claim 21. Claim 22 further does not further discloses wherein said sensor array further comprises at least two colour-depth cameras and at least two thermal or IR sensors, arranged to provide at least two complementary views of the designated environment. Trikha discloses wherein said sensor array further comprises at least two colour-depth cameras and at least two thermal or IR sensors, arranged to provide at least two complementary views of the designated environment (see paragraph 155 In some embodiments, sensor ensembles, are distributed throughout an enclosure. Sensors of a same type may be dispersed in an enclosure, e.g., to allow measurement of environmental parameters at various locations of an enclosure paragraph 124 note that a sensor enable may comprise any sensor disclosed herein. See paragraph 124 note that the sensor ensemble may comprise IR and RGB cameras see paragraph 224 additional sensor disclosed include a depth camera with color information and sensors. The examiner notes that multiple sensor ensembles distributed thought the enclosure may include the various sensors which would provide different views). The motivation to combine is see paragraph 155 In some embodiments, sensor ensembles, are distributed throughout an enclosure. Sensors of a same type may be dispersed in an enclosure, e.g., to allow measurement of environmental parameters at various locations of an enclosure paragraph 124. Therefore, it would have been obvious to on of ordinary skill in the art before the effective filing date of the claimed invention to combine claim 22 and Trikha to reach the aforementioned advantage.
Re claim 25 claim 22 discloses wherein said characteristic feature further comprises any one or more of a body motion of the individual, or a body posture of the individual, an activity level of the individual, a predefined action of the individual, a predefined behaviour of the individual, a presence of a designated object in the vicinity of the individual, an anomalous presence in the designated environment. (see claim 22 “extract therefrom a digital representation of a posture of the individual within the designated environment such that an identity of the individual is unidentifiable from said digital representation”)
Re claim 26 claim 40 of ‘584 discloses wherein said anticipated harm scenario corresponds to one or more of a self-harm event, a choking event, a bleeding event of the individual, or a seizure of the individual. (see claim 40 wherein said anticipated harm scenarios corresponds to one or more of a self-harm event, a hanging event, a choking event, a suicide attempt, or a fight.)
Re claim 33 claim 22 of ‘584 and Trikha disclose all the elements of claim 21, claim 22 further does not disclose wherein said sensor array further comprises a thermal or IR sensor configured to capture thermal or IR data of the designated environment, wherein said characteristic feature further comprises a thermal anomaly, and wherein said anticipated harm scenario comprises an abnormal body temperature of the individual or bleeding on, from or proximate the individual. Trikha discloses wherein said sensor array further comprises a thermal or IR sensor configured to capture thermal or IR data of the designated environment, (see paragraph 221 “ For example, a thermal IR camera and a depth camera may be utilized to ascertain a user's bodily location (e.g., forehead) and/or measure the bodily characteristics (e.g., temperature)”) wherein said characteristic feature further comprises a thermal anomaly, and wherein said anticipated harm scenario comprises an abnormal body temperature of the individual (see paragraph 115 116 note that abnormal characteristic related to an illness is determined see paragraph 228 and paragraph 7 note that temperature may be determined an compared to a threshold) or bleeding on, from or proximate the individual. The motivation to combine is see paragraph 221 “For example, a thermal IR camera and a depth camera may be utilized to ascertain a user's bodily location (e.g., forehead) and/or measure the bodily characteristics (e.g., temperature)” see paragraph 221. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Trikha and claim 22 to reach the aforementioned advantage.
Re claim 39, claim 41 of ‘584 discloses discloses wherein the designated environment comprises a prison cell. See claim 41 “wherein the designated environment comprises a prison cell.”
Re claim 40, claim 22 further does not expressly disclose comprising a digital data storage, and wherein said digital data processor comprises digital instructions configured to automatically record one or more of said plurality of data types as abnormal event data upon generation of said alert. Trikah discloses comprising a digital data storage, and wherein said digital data processor comprises digital instructions configured to automatically record one or more of said plurality of data types as abnormal event data upon generation of said alert ( see paragraph 117 note that the analyzed data a report and or alert may be generated and transmitted to a cell phone , see paragraph 183 Once an abnormal condition has been detected for an individual, a report may be generated see paragraph 223 “ the report may be saved in one or more database”). The motivation to combine is F”or example, the report may be transmitted to a party of interest. The party of interest may be an establishment head, a facility owner, a user, a tested individual. The data may be saved, analyzed and/or reported in compliance with jurisdictional rules and regulations” (see paragraph 117). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Trikha and claim 22 to reach the aforementioned advantage.
Re claim 41 claim 22 further does not disclose wherein said abnormal event data is stored on said digital data storage to provide an annotated record of the individual in the designated environment. Trikha discloses wherein said abnormal event data is stored on said digital data storage to provide an annotated record of the individual in the designated environment see paragraph 117 note that the analyzed data a report and or alert may be generated and transmitted to a cell phone , see paragraph 183 Once an abnormal condition has been detected for an individual, a report may be generated see paragraph 223 “ the report may be saved in one or more database” see also paragraph 17 “using the analysis to generate a report of presence or absence of the indication of abnormal bodily characteristic of the individual”). The motivation to combine is “For example, the report may be transmitted to a party of interest. The party of interest may be an establishment head, a facility owner, a user, a tested individual. The data may be saved, analyzed and/or reported in compliance with jurisdictional rules and regulations” (see paragraph 117). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Trikha and claim 22 to reach the aforementioned advantage.
Claim 27 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 30 of copending Application No. 18/946584 (‘584) as amended 11/3/2025 in view of Trikha US 2023/0152652 and Pai et al US 2021/0059543.
Re claim 27 claim 30 of ‘584 discloses wherein said sensor array further comprises wherein said characteristic feature is based at least in part on a postural projection of the individual (see claim 30 “automatically processing said image-based data at said image-based sensor to extract a skeletal projection”). Claim 30 and Trikha do not disclose “a depth-enabled image-based camera configured to capture image-depth data of the designated environment,” Pai discloses wherein said sensor array further comprises a depth-enabled image-based camera configured to capture image-depth data of the designated environment (see paragraph 29 note that a depth image capture camera is used), and wherein said characteristic feature is based at least in part on a postural projection of the individual ( See paragraph 36 note that skeletal analysis is preformed to determine if the person in the area is performing a dangerous movement). The motivation to combine is to determine if the person is performing a dangerous movement. (see paragraph 36). One of ordinary skill in the art could have easily modified the system of claim 30 and Tirkha to track skeletons and determine if the person is performing dangerous movements. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine claim 10 Trakha and Pai to reach the aforementioned advantage.
Claim 37 and 38 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 22 of copending Application No. 18/946584 (‘584) as amended 11/3/2025 in view of Trikha US 2023/0152652 and Bhimavarapu US 20240366114 A1.
Re claim 37 claim 22 and Trikha does not expressly disclose herein said vital sign comprises breathing rate and wherein the risk of harm comprises an abnormal breathing rate determined by said digital data processor with respect to chest motion. Bhimavarapu discloses wherein said vital sign comprises breathing rate and wherein the risk of harm comprises an abnormal breathing rate determined by said digital data processor with respect to chest motion (see paragraph 164 and 165 note berating rate is monitored by analyzing chest motion to determine if it is above or below a threshold). The motivation to combine is to send an alert when the breathing rate is above or below a predetermined limit (See paragraph 64 and 65). One of ordinary skill in the art could have modified claim 22 Trikah to further disclose monitoring breathing rate as disclosed in Bhimavarapu. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Bhimavarapu and claim 22 Trikha to reach the aforementioned advantage.
Re claim 38 claim 22 further discloses wherein said sensor array further comprises an image-based sensor configured to capture image data of the designated environment.(see claim 22 “an image-based sensor capturing image-based data of the designated environment to extract therefrom a digital representation of a posture of the individual within the designated environment”) Claim 22 and Trikha does not expressly disclose and wherein said digital data processor extracts from said image data said characteristic feature comprising an anomalous human action. Bhimavarapu discloses wherein said digital data processor extracts from said image data said characteristic feature comprising an anomalous human action (see paragraph 164 and 165 note berating rate is monitored by analyzing chest motion to determine if it is above or below a threshold). The motivation to combine is to send an alert when the breathing rate is above or below a predetermined limit (See paragraph 64 and 65). One of ordinary skill in the art could have modified Trikha to further disclose monitoring breathing rate as disclosed in Bhimavarapu. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Bhimavarapu claim 22 and Trikha to reach the aforementioned advantage.
.
This is a provisional nonstatutory double patenting rejection.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 24 and 28-31 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Re claim 24 the claim wherein said characteristic feature further comprises any one or more of a body motion of the individual, or a body posture of the individual, an activity level of the individual, a predefined action of the individual, a predefined behaviour of the individual, a presence of a designated object in the vicinity of the individual, an anomalous presence in the designated environment. The examiner notes that there is an “or” in the middle of the list of elements then there is no and/or before the last element in the list. It is unclear if the list is intended to end in an and or an or. The examiner assumes that the “or” in this element is misplaced and intended to come before the last element in the list. Applicant should correct this element
Re claim 28 the claim refers to “said skeletal projection” which lacks antecedent basis it is unclear what this is intended to refer to however the examiner believes this may be intended to refer to the postural projection of claim 27. Applicant should amend these claims to make the language consistent or clearly differentiate between the features.
Re claims 29-32 these claims depend from claim 28 are ejected for the same reasons.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 21-25 33 40 and 41 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Trikha US 2023/0152652.
Re claim 21 Trikha US 2023/0152652 discloses
A harm prevention monitoring system for automatically monitoring a risk of harm to an individual in a designated environment, the system comprising:
a sensor array configured to acquire data of a plurality of data types representative of a current state of the individual (see paragraph 124 note that a senor ensemble may contain many types of sensors);
a control interface configured to communicate with said sensor array (see paragraph 10 and 124 control network note that the control network communicates with other devices see also paragraph 206 207 34 ); and a remote device (see paragraph 206 124 and 117 note that alerts may be sent to device such as a phone i.e. remote device see also paragraph 10)
a digital data processor in communication with said sensor array and said control interface (see paragraph 124 note that the sensor may contain a processor see also paragraph 34 “ In some embodiments, the sensor system is comprised of a device ensemble that comprises controllers and/or processors. In some embodiments, the sensor system is operatively coupled to a hierarchical control system comprising a plurality of controllers.”) and configured to execute digital instructions to automatically:
via said data of said plurality of data types acquired via said sensor array, extract in real-time a characteristic feature of said current state of the individual (see paragraph 115 116 note that abnormal characteristic related to an illness is determined see paragraph 228 and paragraph 7 note that temperature may be determined an compared to a threshold, see paragraph 206 note that calculations may be done in real time);
digitally compute using said characteristic feature the risk of harm to the individual with respect to an anticipated harm scenario (see paragraph 115 116 note that abnormal characteristic related to an illness is determined see paragraph 228 and paragraph 7 note that temperature may be determined an compared to a threshold, note that illnesses cause harm); and
upon the risk of harm corresponding with said anticipated harm scenario, communicate via said control interface to said remote device an alert corresponding to said anticipated harm scenario (see paragraph 117 note that report may be transmitted to with respect to a ill individual to a wireless device see paragraph 150 for example control system may activate a buzzer corresponding to the abnormal characteristics note that illness can cause harm see also paragraph 10);
wherein said sensor array comprises a radar sensor configured to capture radar data of the designated environment, (see paragraph 169 note that radar may be used)
wherein said characteristic feature comprises a vital sign of the individual, and wherein the risk of harm is at least partly computed by implementing a non-contact vital sign monitoring process (see paragraph 228 note that contactless evaluation of temperature may be performed.).
Re claim 22 Trikha discloses wherein said sensor array further comprises one or more of a colour (RGB) camera, a colour-depth (RBG-D) camera, a depth camera, a thermal sensor, an audio sensor, or a dynamic vision sensor (DVS). (see paragraph 124 note that thermal audio RGB sensors are used see paragraph 50 note that a depth camera may be used).
Re claim 23 Trkia discloses wherein said data types further comprises one or more of visual images or video, depth-related data, thermal or infrared (IR) data, audio data, or event data. (see paragraph 124 note that thermal data and images may be captured by the camera and thermal sensor).
Re claim 24 Trikha discloses wherein said sensor array further comprises at least two colour-depth cameras and at least two thermal or IR sensors, arranged to provide at least two complementary views of the designated environment (see paragraph 155 In some embodiments, sensor ensembles, are distributed throughout an enclosure. Sensors of a same type may be dispersed in an enclosure, e.g., to allow measurement of environmental parameters at various locations of an enclosure paragraph 124 note that a sensor enable may comprise any sensor disclosed herein. See paragraph 124 note that the sensor ensemble may comprise IR and RGB cameras see paragraph 224 additional sensor disclosed include a debth camera with color information and sensors. The examiner notes that multiple sensor ensembles distributed thought the enclosure may include the various sensors which would provide different views).
Re claim 25 Trikha discloses wherein said characteristic feature further comprises any one or more of a body motion of the individual, or a body posture of the individual, an activity level of the individual, a predefined action of the individual, a predefined behaviour of the individual (see paragraph 183 “wherein said characteristic feature further comprises any one or more of a body motion of the individual, or a body posture of the individual, an activity level of the individual, a predefined action of the individual, a predefined behaviour of the individual, a presence of a designated object in the vicinity of the individual, an anomalous presence in the designated environment.”), a presence of a designated object in the vicinity of the individual, an anomalous presence in the designated environment.
Re claim 33 Trikha discloses wherein said sensor array further comprises a thermal or IR sensor configured to capture thermal or IR data of the designated environment, (see paragraph 221 “ For example, a thermal IR camera and a depth camera may be utilized to ascertain a user's bodily location (e.g., forehead) and/or measure the bodily characteristics (e.g., temperature)”) wherein said characteristic feature further comprises a thermal anomaly, and wherein said anticipated harm scenario comprises an abnormal body temperature of the individual (see paragraph 115 116 note that abnormal characteristic related to an illness is determined see paragraph 228 and paragraph 7 note that temperature may be determined an compared to a threshold) or bleeding on, from or proximate the individual.
Re claim 40 Trikah discloses comprising a digital data storage, and wherein said digital data processor comprises digital instructions configured to automatically record one or more of said plurality of data types as abnormal event data upon generation of said alert (see paragraph 117 note that the analyzed data a report and or alert may be generated and transmitted to a cell phone , see paragraph 183 Once an abnormal condition has been detected for an individual, a report may be generated see paragraph 223 “the report may be saved in one or more database”).
Re claim 41 Trikha discloses wherein said abnormal event data is stored on said digital data storage to provide an annotated record of the individual in the designated environment (see paragraph 117 note that the analyzed data a report and or alert may be generated and transmitted to a cell phone , see paragraph 183 Once an abnormal condition has been detected for an individual, a report may be generated see paragraph 223 “ the report may be saved in one or more database” see also paragraph 17 “using the analysis to generate a report of presence or absence of the indication of abnormal bodily characteristic of the individual”).
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.
Claim(s) 26 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Trikha US2023/0152652 in view of Pai et al US 2021/0059543.
Re claim 26 Trikha discloses all of the elements of claim 1. Trikha does not expressly disclose wherein said anticipated harm scenario corresponds to one or more of a self-harm event, a choking event, a bleeding event of the individual, or a seizure of the individual. Pai further discloses wherein said anticipated harm scenario comprises any one or combination of a self-harm event (see paragraph 36 and 43 note that falling may be detected which is hurting ones self), a choking event, a bleeding event of the individual, or a seizure of the individual. The motivation to combine is to determine if the person is performing a dangerous movement. (see paragraph 36). One of ordinary skill in the art could have easily modified the system of Tirkha to track skeletons and determine if the person is performing dangerous movements in addition to the determination in Trikha. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Trakha and Pai to reach the aforementioned advantage.
Re claim 27 Trikha discloses all of the elements of claim 1 . Trikha does not expressly disclose wherein said sensor array further comprises a depth-enabled image-based camera configured to capture image-depth data of the designated environment, and wherein said characteristic feature is based at least in part on a postural projection of the individual. Pai discloses wherein said sensor array further comprises a depth-enabled image-based camera configured to capture image-depth data of the designated environment (see paragraph 29 note that a depth image capture camera is used), and wherein said characteristic feature is based at least in part on a postural projection of the individual (See paragraph 36 note that skeletal analysis is preformed to determine if the person in the area is performing a dangerous movement). The motivation to combine is to determine if the person is performing a dangerous movement. (see paragraph 36). One of ordinary skill in the art could have easily modified the system of Tirkha to track skeletons and determine if the person is performing dangerous movements in addition to the determination in Trikha. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Trakha and Pai to reach the aforementioned advantage.
Claim(s) 28-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Trikha US2023/0152652 in view of Pai et al US 2021/005943 in further view of Doolittle US 2014/0094307.
Re claim 28 Trikha and Pai disclose all the features of claim 25. They do not expressly disclose wherein said sensor array further comprises at least one additional depth-enabled image-based camera which is arranged to complement coverage of the designated environment, and wherein said digital data processor comprises digital instructions configured to merge image-depth data from respective depth-enabled image-based cameras to extract said skeletal projection. Doolittle discloses wherein said sensor array further comprises at least one additional depth-enabled image-based camera which is arranged to complement coverage of the designated environment ( see paragraph 20 26 and 27 note that that a plurality of depth cameras are used to create a combined field of view see also figure 4 5 and 6 ), and wherein said digital data processor comprises digital instructions configured to merge image-depth data from respective depth-enabled image-based cameras to extract said skeletal projection ( see paragraph 32 note that depth data from multiple depth cameras are used to determine skeletons and their gestures). The motivation to combine is a single depth camera could lose sight of a player if that player moves behind an obstacle, such as furniture. (see paragraph 18). One of ordinary skill in the art could have easily applied the techniques of Doolittle to the combination of Trikha and Pai to avoid losing sight of the subject if they move behind an obstacle. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Trikha and Pai with Doolitte to reach the aforementioned advantage.
Re claim 29 Trika further does not disclose digital instructions configured to implement a human action recognition process on said postural projection so as to at least partly compute the risk of harm. Pai further discloses comprises digital instructions configured to implement a human action recognition process on said postural projection so as to at least partly compute the risk of harm. (See paragraph 36 note that skeletal analysis is preformed to determine if the person in the area is performing a dangerous movement) The motivation to combine is to determine if the person is performing a dangerous movement. (see paragraph 36). One of ordinary skill in the art could have easily modified the system of Tirkha to track skeletons and determine if the person is performing dangerous movements in addition to the determination in Trikha. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Trikha Doolittle and Pai to reach the aforementioned advantage.
Re claim 30 Pai further discloses wherein said anticipated harm scenario comprises any one or combination of a self-harm event (see paragraph 43 note that falling may be detected which is hurting ones self), a hanging, a choking or a seizure)
Re claim 31 Pai further discloses use postural projections so as to at least partly compute the risk of harm (See paragraph 36 note that skeletal analysis is preformed to determine if the person in the area is performing a dangerous movement). Pai and Trikha further do not disclose wherein said human action recognition process distinguishes between two or more postural projections in the designated environment and is operable to detect recognized motions of distinguished postural projections. Doolittle discloses wherein said human action recognition process distinguishes between two or more postural projections in the designated environment and is operable to detect recognized motions of distinguished postural projections (see claim 5 ” wherein the human subject is one of a plurality of human subjects sighted by the first and second depth cameras, and wherein for each human subject sighted, a gesture of that subject is detected based on the combined data computed from the first and second portions.” Note that gestures are detected for a plurality of subjects). The motivation to combine “In some configurations, for example, at least one depth camera may be arranged above the one or more subjects sighted. In other embodiments, any number of depth cameras may be arranged beside the subjects, at substantially the same level. With a plurality of depth cameras arranged around the environment, each subject may remain in sight of at least one depth camera at all times. In order to take advantage of this approach, output from each of the depth cameras may be combined to extract an appropriate sequence of inputs for computer system 16A, based on the gestures of the one or more subjects.” (see paragraph 20 and 21). Note that multiple cameras allow tracking of multiple subjects. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Trikha Doolittle and Pai to reach the aforementioned advantage.
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Trikha US2023/0152652 in view of Pai et al US 2021/005943 in further view of Doolittle US 2014/0094307 in further view of BULZACKI US 20160328604 A1.
Re claim 32 while Pai further discloses determining dangerous movements, Trikah Pai and Doolitte do not expressly disclose wherein said anticipated harm scenario comprises fighting. Bulzaki disclose wherein said anticipated harm scenario comprises fighting (see paragraph 306 307 and 323 note that gesture recognition is used to determined fighting). The motivation to combine is these body movements indicative of undesired activity may be identified through the use of a rules enforcement component of the system having one or more stored rules, which may be configured to determine when the one or more identified gestures of interest correspond to activity that contravenes one or more of the rules (see paragraph 367). One of ordinary skill in the art could have easily modified the combination of Trikah Pai and Doolittle to further identify dangerous movements such as fighting as disclosed in Bulzaki. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Trikha Doolittle Bulzaki and Pai to reach the aforementioned advantage.
Claim(s) 37 and 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Trikha US2023/0152652 in view of Bhimavarapu US 20240366114 A1.
Re claim 37 Trikha does not expressly disclose herein said vital sign comprises breathing rate and wherein the risk of harm comprises an abnormal breathing rate determined by said digital data processor with respect to chest motion. Bhimavarapu discloses wherein said vital sign comprises breathing rate and wherein the risk of harm comprises an abnormal breathing rate determined by said digital data processor with respect to chest motion (see paragraph 164 and 165 note berating rate is monitored by analyzing chest motion to determine if it is above or below a threshold). The motivation to combine is to send an alert when the breathing rate is above or below a predetermined limit (See paragraph 64 and 65). One of ordinary skill in the art could have modified Trikha to further disclose monitoring breathing rate as disclosed in Bhimavarapu. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Bhimavarapu and Trikha to reach the aforementioned advantage.
Re claim 38 Trikha further discloses wherein said sensor array further comprises an image-based sensor configured to capture image data of the designated environment. (see paragraph 225 visible light camera). Trikha does not expressly disclose and wherein said digital data processor extracts from said image data said characteristic feature comprising an anomalous human action. Bhimavarapu discloses wherein said digital data processor extracts from said image data said characteristic feature comprising an anomalous human action (see paragraph 164 and 165 note berating rate is monitored by analyzing chest motion to determine if it is above or below a threshold). The motivation to combine is to send an alert when the breathing rate is above or below a predetermined limit (See paragraph 64 and 65). One of ordinary skill in the art could have modified Thika to further disclose monitoring breathing rate as disclosed in Bhimavarapu. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Bhimavarapu and Trikha to reach the aforementioned advantage.
Claim(s) 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Trikha US2023/0152652 in view of Peitte US 2020/0311899.
Re claim 39 Trikha diclsoes wherein the designated environment comprises a prison. (see paragraph 2) Trikha does not expressly disclose a prison cell. Peitte discloses monitoring a prison cell (see paragraph 75). One of ordinary skill in the art could have easily modified Trikah to monitor a prison cell and the results would simply be the method of Trikha performed in a prison cell and therefore predictable. The function of Trikha would be unchanged merely applied in a prison cell of Peitte. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Trikha and Peitte.
Allowable Subject Matter
Claim 34-36 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Re claim 34 the prior art of record does not disclose wherein said sensor array further comprises a thermal or IR sensor configured to capture thermal or IR data of the designated environment, wherein said characteristic feature further comprises a thermal anomaly, and wherein said digital data processor comprises digital instructions configured to implement, upon extraction of said thermal anomaly, a blood recognition process operable to determine whether said thermal anomaly comprises any one or both of a blood intensity or an increasing blood presence.
Claims 35 and 36 depend from claim 34.
Cited Art
The following is a recitation of cited art not used in the rejections above but considered relevant:
Ganesh US 20120245479 A1 discloses A system for monitoring physiology, having: a RADAR transmitter and a RADAR receiver; a state estimation module configured to process a returned RADAR signal to detect a presence of motion and set a motion state upon said presence of motion, said state estimation module configured to detect a presence of one or more physiological parameters including heartbeat and respiration, and said state estimation module configured to assign a still state or a concern state based on said presence of physiological parameters; a rate estimation module configured to estimate one or more estimated physiological rates including an estimated respiration rate and an estimated heart rate; and an alerting module configured to provide an alert if an alert value exceeds an alert value threshold, wherein the alert value is derived from at least one of the motion state, concern state, still state and the estimated physiological rates. (see abstract)
Kusens US 20180068545 A1 discloses A method and system that allows healthcare providers, hospitals, skilled nursing facilities and other persons to monitor disabled, elderly or other high-risk individuals to prevent or reduce falls and/or mitigate the impact of a fall by delivering automated notification of “at risk” behavior and falls by such an individual being monitored where assistance is required. Two systems are used to identify patients, a skeletal tracking system, which identifies patients by biometric indicators, and a virtual blob detection system. In the virtual blob system, the monitored individual is virtually represented as a blob object of at least a specific size by a computerized monitoring system and such system detects and alerts when the blob object enters or crosses into a virtually defined or designated blob detection zone and remains in the zone for at least a predetermined period of time. These systems may be used concurrently, or one system may be used primarily, with the other system acting as a failsafe. (see abstract)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN T MOTSINGER whose telephone number is (571)270-1237. The examiner can normally be reached 9AM-5PM.
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, Chineyere Wills-Burns can be reached at (571) 272-9752. 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.
/SEAN T MOTSINGER/Primary Examiner, Art Unit 2673