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 .
DETAILED ACTION
The instant application having Application No. 18648421 has a total of 20 claims pending in the application, all of which are ready for examination by the examiner.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) or 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 14977585 and provisional 62096453 , fail to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
As per claim 1, this claim contains the limitation: “Making a prediction regarding the physiological metrics.” The instant specification, specification of 14977585, and specification of provisional 62096453 never disclose making any predictions about physiological metrics.
In the provisional, physiological metrics are mentioned in paragraphs 0030, 0079, both of which denote monitoring physiological sensors, not making predictions about them.
In the instant specification and specification of 14977585, physiological metrics are only mentioned in paragraph 0034, 0081, and 0086, all of which merely discuss monitoring and/or using this data, not making predictions about this data.
As shown, there is no discussion of making a prediction regarding the physiological metrics, and therefore this is not supported by the specification of the parent case or provisional, causing the claim to lose priority dates of these applications.
As per claims 2-10, these claims contain similar issues to claim 1, and lose priority for the same reasons.
As per claim 11, this claim contains “…a set of goals related to one or more physiological metrics of the user”, and “when the one or more physiological metrics of the user fails to meet at least one goal in the set of goals” The instant specification, specification of 14977585, and specification of provisional 62096453 never disclose any goals related to physiological metrics, nor monitoring of physiological metrics related to those goals.
In the provisional, physiological metrics are mentioned in paragraphs 0030, 0079, both of which denote monitoring physiological sensors but make no discussion of goals related to those metrics or monitoring relating to any of said goals.
In the instant specification and specification of 14977585, physiological metrics are only mentioned in paragraph 0034, 0081, and 0086, all of which merely discuss monitoring and/or using this data, not make no discussion of goals related to those metrics or monitoring relating to any of said goals.
As shown, there is no discussion of any goals related to physiological metrics, nor monitoring of physiological metrics related to those goals. Therefore this is not supported by the specification of the parent case or provisional, causing the claim to lose priority dates of these applications.
As per claims 12-15 and 19-20, these claims have similar issues to claim 11, and lose priority for similar reasons.
As per claim 12, this claim calls for “predicting, by the plurality of physical locations, the set of activities, and/or the one or more physiological metrics, a future value of the one or more physiological metrics.” The instant specification, specification of 14977585, and specification of provisional 62096453 never disclose making any predictions about physiological metrics.
In the provisional, physiological metrics are mentioned in paragraphs 0030, 0079, both of which denote monitoring physiological sensors, not making predictions about them.
In the instant specification and specification of 14977585, physiological metrics are only mentioned in paragraph 0034, 0081, and 0086, all of which merely discuss monitoring and/or using this data, not making predictions about this data.
As shown, there is no discussion of making a prediction regarding the physiological metrics, and therefore this is not supported by the specification of the parent case or provisional, causing the claim to lose priority dates of these applications.
As per claims 13-15 and 19-20, these claims have similar issues to claim 12, and lose priority for similar reasons.
AS per claim 16, this claim calls for “determining, by the behavior patterns, the physiological metrics of the user” and “when the physiological metrics of the user fails to meet at least one pre-determine health goal of the user.” The instant specification, specification of 14977585, and specification of provisional 62096453 never disclose any goals related to physiological metrics, nor monitoring of physiological metrics related to those goals.
In the provisional, physiological metrics are mentioned in paragraphs 0030, 0079, both of which denote monitoring physiological sensors but make no discussion of goals related to those metrics or monitoring relating to any of said goals.
In the instant specification and specification of 14977585, physiological metrics are only mentioned in paragraph 0034, 0081, and 0086, all of which merely discuss monitoring and/or using this data, not make no discussion of goals related to those metrics or monitoring relating to any of said goals.
As shown, there is no discussion of any goals related to physiological metrics, nor monitoring of physiological metrics related to those goals. Therefore this is not supported by the specification of the parent case or provisional, causing the claim to lose priority dates of these applications.
As per claims 17-18, these claims contain similar issues to claim 16 and lose priority for similar reasons.
As per claim 16, this claim calls for “are decentralized, such that each of the plurality of artificially intelligent agents is not connected to a cloud-based server.” The instant specification, specification of 14977585, and specification of provisional 62096453 never disclose that any of the sensors are “not connected to a cloud-based server.” Cloud aspects are discussed in paragraphs 0005, 0025, 0030, 0057, 0084, and 0089, all of which discuss that the system CAN connect to cloud based systems. There is no discussion in the provisional or specifications of the instant case or parent case, and Therefore this is not supported by the specification of the parent case or provisional, causing the claim to lose priority dates of these applications.
As per claims 17-18, these claims contain similar issues to claim 16 and lose priority for similar reasons.
I. REJECTIONS NOT BASED ON PRIOR ART
Claim Rejections – 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Claims 1, 11, and 16 are machine type claims. Therefore, claims 1-20 are directed to either a process, machine, manufacture or composition of matter.
As per claim 1,
2A Prong 1:
“analyzing the communicated real-time data to detect behavior patterns of the user, the behavior patterns comprising the user’s physical activities and physical movements” A caregiver mentally or with pencil and paper analyzes the patients actions to determine behavior patterns related to taking their medication).
“Determining, based on the communicated behavior patterns and the communicated real-time data, the user’s compliance with one or more pre-determined health goals, the one or more pre-determined health goals based on physiological metrics” The caregiver mentally or with pencil and paper analyzes their past behavior and current behavior to determine if they have been taking their medication as required, including monitoring physiological measurements related to that medicine).
“applying one or more rules to the real-time data to determine when one or more conditions have been met” The caregiver mentally or with pencil and paper uses rules to determine if any conditions have been met.
“deciding, when the one or more conditions have been met, that the user is not incompliance with the one or more pre-determined health goals” The caregiver mentally or with pencil and paper checks the conditions to determine if the user has been properly taking their medication).
“Performing, when the user is not in compliance with the one or more goals, a response” The caregiver mentally or with pencil and paper determines a response to give the user when they are not properly taking their medication).
“Making a prediction regarding the physiological metrics” The caregiver mentally or with pencil and paper determines that not taking the medication could have an adverse impact on the user’s health metrics.
2A Prong 2: This judicial exception is not integrated into a practical application.
Additional elements:
“a plurality of sensors… wherein the plurality of sensors comprises at least one sensor carried by the user and at least one sensor physically disposed within the user’s residence” (mere instructions to apply the exception using a generic computer component);
“a plurality of artificially intelligent agents”, “a first agent”, “a second agent”, “a third agent”, “a fourth agent” (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f) – Examiner’s note: Claims contain nothing more than generic “artificially intelligent” agents, with no additional limitations or details beyond off the shelf, generic computer agents.
“collecting real time data about a user and user’s physical environment… wherein the real-time data comprises at least one value of a physiological metric of the user”, “obtaining the real-time data from the plurality of sensors”, “Communicating the obtained real-time data to a second agent in the plurality of artificially intelligent agents, and to a third agent in the plurality of artificially intelligent agents”, “Communicating the behavior patterns to a third agent in the plurality of artificially intelligent agents”, “Communicating to the user and at least one entity (i) the prediction regarding the physiological metrics, (ii) an alert that the user is not in compliance with the one or more predetermined health goals, and (iii) a recommendation or request to the user to comply with the one or more predetermined health goals” (Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)).
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
“a plurality of sensors… wherein the plurality of sensors comprises at least one sensor carried by the user and at least one sensor physically disposed within the user’s residence” (mere instructions to apply the exception using a generic computer component)
“a plurality of artificially intelligent agents”, “the plurality of artificially intelligent agents”, “a first agent”, “a second agent”, “a third agent”, “a fourth agent” (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f) – Examiner’s note: Claims contain nothing more than generic “artificially intelligent” agents, with no additional limitations or details beyond off the shelf, generic computer agents.
“collecting real time data about a user and user’s physical environment… wherein the real-time data comprises at least one value of a physiological metric of the user”, “obtaining the real-time data from the plurality of sensors”, “Communicating the obtained real-time data to a second agent in the plurality of artificially intelligent agents, and to a third agent in the plurality of artificially intelligent agents”, “Communicating the behavior patterns to a third agent in the plurality of artificially intelligent agents”, “Communicating to the user and at least one entity (i) the prediction regarding the physiological metrics, (ii) an alert that the user is not in compliance with the one or more predetermined health goals, and (iii) a recommendation or request to the user to comply with the one or more predetermined health goals” (MPEP 2106.05(d)(II) indicate that merely “transmitting and receiving of data” is a well‐understood, routine, conventional function when it is claimed in a merely generic manner (as it is in the present claim). Thereby, a conclusion that the claimed collecting, obtaining, and communicating steps are well-understood, routine, conventional activity is supported under Berkheimer).
As per claim 2, this claim denotes generic transmitting and receiving of data and mental steps similar to claim 1 and is rejected for similar reasons.
As per claim 3, this claim contains similar mental steps, communication, and generic hardware similar to claim 1, and is rejected for similar reasons.
As per claim 4, this claim contains similar generic hardware to claim 1 and is rejected for similar reasons.
As per claim 5, this claim contains similar mental steps and generic machine learning to claim 1, and is rejected for similar reasons.
As per claims 6 and 8-9, these claims contain similar mental steps to claim 1, and are rejected for similar reasons.
As per claim 7, this claim contains similar transmitting and receiving of data to claim 1, and is rejected for similar reasons.
As per claim 10, this claim contains similar mental steps, and generic machine learning to claim 1.
2A Prong 2: This judicial exception is not integrated into a practical application.
Additional elements:
“creates and deletes one or more agents” (Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)).
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
“creates and deletes one or more agents” (MPEP 2106.05(d)(II) indicate that merely “storing and retrieving objects in memory” is a well‐understood, routine, conventional function when it is claimed in a merely generic manner (as it is in the present claim). Thereby, a conclusion that the claimed creating and deleting steps are well-understood, routine, conventional activity is supported under Berkheimer).
As per claim 11,
2A Prong 1:
“determining by the real time data, a plurality of physical locations visited by the user” A caregiver mentally or with pencil and paper determines where the user has gone).
“inferring, by the plurality of physical locations, a set of activities performed by the user” The caregiver mentally or with pencil and paper determines what the user was doing by the locations they visited.
“when the set of activities fails to include at least one action in the set of actions…” The caregiver mentally or with pencil and paper determines when the user, based on their activities, may have not taken their medication.
“determining, by the real time data, the one or more physiological metrics of the user” The caregiver mentally or with pencil and paper reviews the data and determines the physiological metrics of the user as needed.
“When the one or more physiological metrics of the user fails to meet at least one goal in the set of goals…” The caregiver mentally or with pencil and paper determines that something is off about the physiological metrics of the user.
2A Prong 2: This judicial exception is not integrated into a practical application.
Additional elements:
“a plurality of sensors”, “the plurality of sensors”, “a first sensor”, “a second sensor”, “a third sensor”, “a device”, “wherein the first sensor is worn and/or carried by the user, and wherein both the second sensor and the third sensor are physically disposed within the user’s residence” (mere instructions to apply the exception using a generic computer component);
“a plurality of artificially intelligent agents”, “the plurality of artificially intelligent agents” (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f) – Examiner’s note: Claims contain nothing more than generic “artificially intelligent” agents, with no additional limitations or details beyond off the shelf, generic computer agents.
“collecting real time data about a user and the user’s physical environment”, “obtaining the real time data form the plurality of sensors”, “… , sending a reminder to the user to perform the at least one action”, “sending an alert to the user, one or more individuals other than the user, and or one or more agents in the plurality of artificially intelligent agents”, “Receiving one or more requests from the one or more individuals and/or the one or more agents to monitor the set of actions and/or the sets of goals”, “sending, in response to the one or more requests, the reminder and/or the alert to the one or more individuals and/or the one or more agents”, “continuously collects a first set of data in the real time data and continuously sends the first set of data to the plurality of artificially intelligent agents”, “… that collects a second set of data in the real time data only when the user performs a triggering action”, “that collects a third set of data in the real time data only when the user uses a device that measures the one or more physiological metrics”, “ (Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)).
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
“a plurality of sensors”, “the plurality of sensors”, “a first sensor”, “a second sensor”, “a third sensor”, “a device”, “wherein the first sensor is worn and/or carried by the user, and wherein both the second sensor and the third sensor are physically disposed within the user’s residence” (mere instructions to apply the exception using a generic computer component)
“a plurality of artificially intelligent agents”, “the plurality of artificially intelligent agents” (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f) – Examiner’s note: Claims contain nothing more than generic “artificially intelligent” agents, with no additional limitations or details beyond off the shelf, generic computer agents.
“collecting real time data about a user and the user’s physical environment”, “obtaining the real time data form the plurality of sensors”, “… , sending a reminder to the user to perform the at least one action”, “sending an alert to the user, one or more individuals other than the user, and or one or more agents in the plurality of artificially intelligent agents”, “Receiving one or more requests from the one or more individuals and/or the one or more agents to monitor the set of actions and/or the sets of goals”, “sending, in response to the one or more requests, the reminder and/or the alert to the one or more individuals and/or the one or more agents”, “continuously collects a first set of data in the real time data and continuously sends the first set of data to the plurality of artificially intelligent agents”, “… that collects a second set of data in the real time data only when the user performs a triggering action”, “that collects a third set of data in the real time data only when the user uses a device that measures the one or more physiological metrics” (MPEP 2106.05(d)(II) indicate that merely “transmitting and receiving of data” is a well‐understood, routine, conventional function when it is claimed in a merely generic manner (as it is in the present claim). Thereby, a conclusion that the claimed collecting, obtaining, and communicating steps are well-understood, routine, conventional activity is supported under Berkheimer).
As per claims 12-13, these claims contain similar mental steps to claim 11, and are rejected for similar reasons.
As per claim 14, this claim contains similar mental steps, communication, and generic hardware similar to claim 11, and is rejected for similar reasons.
As per claim 15, this claim contains similar generic hardware to claim 11 and is rejected for similar reasons.
As per claim 19, this claim contains similar generic transmitting and receiving similar to claim 11 and is rejected for similar reasons.
As per claim 20, this claim contains similar mental steps, generic computer hardware, and transmitting and receiving data similar to claim 11, and is rejected for similar reasons.
As per claim 16,
2A Prong 1:
“analyzing the data to detect behavior patterns of the user, the behavior patterns comprising at least one physical environment in which the user is located” A caregiver mentally or with pencil and paper analyzes the data to determine behavior patterns for the user where they live.
“Determining, by the behavior patterns, the physiological metrics of the user” The caregiver mentally or with pencil and paper determines based on the behavior that the person may have issues with their physiological metrics based upon not taking their medication.
“when the physiological metrics of the user fails to meet at least one predetermined health goal of the user, performing a response” The caregiver mentally or with pencil and paper determines that the user’s metrics are low due to not taking medication, and determines to encourage the user to take their medication
“
2A Prong 2: This judicial exception is not integrated into a practical application.
Additional elements:
“a plurality of sensors”, “a first sensor in physical contact with the user”, “a second sensor physically disposed within the at least one physical environment”, “a third sensor”, “a device”, “are decentralized such that each of the plurality of artificially intelligent personal agents is not connected to a cloud-based server” (mere instructions to apply the exception using a generic computer component);
“a plurality of artificially intelligent agents”, “the plurality of artificially intelligent agents” (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f) – Examiner’s note: Claims contain nothing more than generic “artificially intelligent” agents, with no additional limitations or details beyond off the shelf, generic computer agents.
“Realtime collection of data about a user, the data comprising physiological metrics of the user”, “obtaining the data from the plurality of sensors”, “that beings the real time data collection of data only when the user uses a device”, “Communicates with at least one other agent sin the plurality of artificially intelligent agents, the communicating comprising sending and/or receiving at least one communicative act” (Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)).
2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
“a plurality of sensors”, “a first sensor in physical contact with the user”, “a second sensor physically disposed within the at least one physical environment”, “a third sensor”, “a device”, “are decentralized such that each of the plurality of artificially intelligent personal agents is not connected to a cloud-based server” (mere instructions to apply the exception using a generic computer component)
“a plurality of artificially intelligent agents”, “the plurality of artificially intelligent agents” (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f) – Examiner’s note: Claims contain nothing more than generic “artificially intelligent” agents, with no additional limitations or details beyond off the shelf, generic computer agents.
“Realtime collection of data about a user, the data comprising physiological metrics of the user”, “obtaining the data from the plurality of sensors”, “that beings the real time data collection of data only when the user uses a device”, “Communicates with at least one other agent sin the plurality of artificially intelligent agents, the communicating comprising sending and/or receiving at least one communicative act” (MPEP 2106.05(d)(II) indicate that merely “transmitting and receiving of data” is a well‐understood, routine, conventional function when it is claimed in a merely generic manner (as it is in the present claim). Thereby, a conclusion that the claimed collecting, obtaining, and communicating steps are well-understood, routine, conventional activity is supported under Berkheimer).
As per claims 16-17, these claims contain similar mental steps to claim 16 and are rejected for similar reasons.
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 14-15 and 19-20 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.
As per claim 14, this claim calls for “wherein the one or more electronic devices comprises a mobile computing device of the user, an electronic appliance of the user, and an electronic interface in a vehicle.” This claim appears to require that a single electronic device be both a mobile computing device, an electronic appliance, and an electronic interface in a vehicle. These three things appear to be mutually exclusive, causing the claim to be confusing as to how this is supposed to be performed. In the next response, please indicate how a single device can fulfill all of these requirements.
AS per claims 15 and 19-20, these claims are rejected as being dependent on a claim rejected under U.S.C. 112(b) for failing to particularly point out and claim the intended invention.
II. REJECTIONS BASED ON PRIOR ART
Examiners Note: Some rejections will be followed by an ‘EN’ that will denote an examiners note. This will be placed to further explain a rejection.
Claim Rejections - 35 USC § 103
Claims 1-5, and 7-19 are rejected under 35 U.S.C. 103 as being unpatentable over Wachman et al (US 20070016443 A1) in view of Slayton et al (US 20150215350 A1) and Rosen (US 20060025931 A1).
As per claim 1, Wachman discloses, “a system for making predictions about a user” (Pg.7, particularly paragraph 0109; EN: this denotes the learning algorithm making decision based on the user’s actions on how to get the user to take their required medication. Here the various actions are predicted to make the patient take the required medicine).
“a plurality of sensors” (Pg.3, particularly paragraph 0049; EN: this denotes a sensor on the pill bottle. Pg.3, particularly paragraph 0053; EWN; this denote sensors that monitor the user). “for collecting real-time data about a user” (Pg.3, particularly paragraph 0053; EWN; this denote sensors that monitor the user). “and the user’s physical environment” (Pg.3, particularly paragraph 0049; EN: this denotes monitoring the environment with the pill bottle sensor). “Wherein the plurality of sensors comprises at least one sensor carried by the user” (Pg.3, particularly paragraph 0053; EWN; this denote sensors that monitor the user). “and at least one sensor physically disposed within the user’s residence” (Pg.3, particularly paragraph 0049; EN: this denotes monitoring the environment with the pill bottle sensor). “and wherein the real-time data comprises at least one value of a physiological metric of the user” (Pg.3, particularly paragraph 0053; EWN; this denote sensors that monitor the user).
“a plurality of … agents” (pg.3 particularly paragraph 0053-0054; EN: this denotes a local manager that monitors and manages input/output for the user along with various devices such as containers, feedback indicators, and sensors. Pg.4, particularly paragraph 0058; EN: this denotes the backend, another set of hardware to monitor and make decisions for the user. As all of these monitor and manage data for the user, the Examiner is interpreting them to be “agents” of the user).
“wherein a first agent of the plurality of … agents performs a first set of operations comprising:” (pg.3 particularly paragraph 0053-0054; EN: this denotes a local manager that monitors and manages input/output for the user along with various devices such as containers, feedback indicators, and sensors.).
“obtaining the real-time data from the plurality of sensors” (pg.3 particularly paragraph 0053-0054; EN: this denotes a local manager that monitors and manages input/output for the user along with various devices such as containers, feedback indicators, and sensors).
“communicating the obtained real-time data” (Pg.3, particularly paragraph 0054; EN: this denotes the system communicating the data to where it needs to go) “to a second agent in the plurality of … agents and to a third agent in the plurality of … agents” (Pg.4, particularly paragraph 0058; EN: this denotes numerous back-end agents such as a learning engine and a rules and escalation engine among others).
“wherein the second agent performs a second set of operations comprising: (Pg.4, particularly paragraph 0058; EN: this denotes numerous back-end agents such as a learning engine and a rules and escalation engine among others).
“Analyzing the communicated real-time data to detect behavior patterns of the user” (pg.4, particularly paragraph 0063; EN: this denotes monitoring the users behavior to optimize the behavior of taking their medicine). “the behavior patterns comprising the user’s physical activities and physical movements” (pg.3, particularly paragraph 0049; EN: this denotes monitoring the physical activity and motions of taking pills from a medication container).
“Communicating the behavior patterns to a third agent in the plurality of … agents” (Pg.4, particularly paragraph 0058; EN: this denotes numerous back-end agents such as a learning engine and a rules and escalation engine among others).
“determining, based on the communicated behavior patterns and the communicated real-time data, the user’s compliance with one or more pre-determined health goals” (Pg.4, particularly paragraph 0060; EN: this denotes the escalation engine determining their behavior and how to respond to it to ensure compliance with taking their medicine). “The one or more pre-determined health goals based on the physiological metrics” (pg.3, particularly paragraph 0053; EN: this denotes monitoring blood pressure pulse and other data to aid in decisions for the system).
“wherein the determining the user’s compliance comprises:” (Pg.4, particularly paragraph 0060; EN: this denotes the escalation engine determining their behavior and how to respond to it to ensure compliance with taking their medicine
“applying one or more rules to the real-time data to determine when one or more conditions have been met” (Pg.4, particularly paragraph 0060; EN: this denotes the use of rules based on the patients behavior and other information).
“deciding, when the one or more conditions have been met, that the user is not in compliance with the one or more pre-determined health goals” (pg.7, particularly paragraph 0107; EN: this denotes various aspects considered when determining feedback to ensure compliance, including aspects which determines when they are out of compliance).
“wherein a fourth agent in the plurality of … agents performs a fourth set of operations comprising” (pg.4, particularly paragraph 0058; EN: this denotes a NOC and outgoing messaging system in order to send information to the user).
“performing, when the user is not in compliance with the one or more goals, a response” (pg.4, particularly paragraph 0064; EN: this denotes using the communication system to inform he user and receive feedback. Here the response are the various informing the user about taking their medication).
“wherein the performing the response further comprises” (pg.4, particularly paragraph 0064; EN: this denotes using the communication system to inform he user and receive feedback. Here the response are the various informing the user about taking their medication).
“… communicating to the user and at least one entity” (Pg.9, particularly paragraph 0141; EN: this denotes communicating information to the user as well as a backup caregiver) “(i) the prediction regarding the …” (pg.9-10, particularly paragraph 0142; EN: this denotes reports and other information relating to the peripheral sensors being displayed and given out). “(ii) an alert that the user is not in compliance with the one or more pre-determined health goals” (Pg.4, particularly paragraph 0060; EN: this denotes various interventions and the like relating to non-compliance).
“and (iii) a recommendation or request to the user to comply with the one or more pre-determined health goals” (Pg.4, particularly paragraph 0060; EN: this denotes various interventions and the like relating to non-compliance and encouraging them to comply).
However, Wachman fails to explicitly describe, “a plurality of artificially intelligent agents”, “the plurality of artificially intelligent agents”, “… in the plurality of artificially intelligent agents”, “making a prediction regarding the physiological metrics”, and “the prediction regarding the physiological metrics.”
Slayton discloses, “a plurality of artificially intelligent agents”, “the plurality of artificially intelligent agents”, “… in the plurality of artificially intelligent agents” (Pg.8-9, particularly paragraphs 0074-0075; EN: this denotes a system to store and use agents. When combined with the Wachman reference, this denotes allowing “intelligent agents” to perform the various actions of the Wachman reference as needed).
Rosen discloses, “making a prediction regarding the physiological metrics” and “the prediction regarding the physiological metrics” (pg.11, particularly 0133; EN: this denotes using physiological metrics to predict future values for those metrics).
Wachman and Slayton are analogous art because both involve automated health monitoring.
Before the effective filing date it would have been obvious to one skilled in the art of automated health monitoring to combine the work of Wachman and Slayton in order to allow the use of intelligent agents to perform actions for health monitoring.
The motivation for doing so would be to allow “intelligent agents to perform particular tasks and … provide a framework of services for implementing, maintaining, and executing the intelligent agents” (Slayton, Abstract) or in the case of Wachman, allow the various tasks of Wachman to be handled by intelligent agents as needed.
Therefore before the effective filing date it would have been obvious to one skilled in the art of automated health monitoring to combine the work of Wachman and Slayton in order to allow the use of intelligent agents to perform actions for health monitoring.
Wachman and Rosen are analogous art because both involve health monitoring.
Before the effective filing date it would have been obvious to one skilled in the art of health monitoring to combine the work of Wachman and Rosen in order to make predictions about physiological measurements related to medicine.
The motivation for doing so would be to allow “the outcome of the trend analysis for blood pressure may be used in charts, graphs, and or textual reports generated by the system. Trend analysis may be able to drive content and alerts based on various permutations of systolic and diastolic trending upward, downward, or no change… may also contribute to the body of knowledge driving changes in the patients medication and/or other treatment regimen by the physician” (Rosen, Pg.12, paragraph 0148) or in the case of Wachman, allow the system to make predictions about the user’s physiological state based upon the medication taking and whether they’re taking it.
Therefore before the effective filing date it would have been obvious to one skilled in the art of health monitoring to combine the work of Wachman and Rosen in order to make predictions about physiological measurements related to medicine.
As per claim 2, Wachman discloses, “wherein the performing the response further comprises requesting the at least one entity take an action based on the prediction, wherein the at least one entity comprises an individual other than the user or an intelligent agent” (Pg.9, particularly paragraph 0141; EN: this denotes communicating information to the user as well as a backup caregiver).
As per claim 3, Wachman discloses, “wherein the communicating further comprises sending at least one of the prediction, the alert, and the recommendation” (Pg.4, particularly paragraph 0060; EN: this denotes various interventions and the like relating to non-compliance). “to a user interface associated with one or more electronic devices, wherein the one or more electronic devices comprises a mobile computing device of the user and a mobile computing device of the individual” (pg.5, particularly paragraphs 0078-0083; EN: this denotes using the pillbox device with a display for sending messages interventions, and other information to the user).
As per claim 4, Wachman discloses, “Wherein the one or more electronic devices further comprises a device containing the at least one sensor physically disposed within the user’s residence” (pg.5, particularly paragraphs 0078-0083; EN: this denotes using the pillbox device with a display for sending messages, interventions, and other information to the user. It further includes the sensors).
As per claim 5, Wachman discloses, “Wherein the real-time data further comprises physical locations associated with the user’s physical activities and physical movements” (Pg.3, particularly paragraph 0049; EN: this denotes monitoring the environment with the pill bottle sensor, which includes taking medicine (physical activity) and motion (physical movements)). “and wherein the operations further comprise learning when and/or where the user performs the physical activities and physical movements” (pg.5, particularly paragraph 0075; EN: this denotes dosing times and monitoring for when the user takes their medication).
As per claim 7, Wachman discloses, “wherein said providing a response comprises contacting a person” (Pg.9, particularly paragraph 0141; EN: this denotes communicating information to the user as well as a backup caregiver)
As per claim 8, Wachman discloses, “automatically scheduling the user’s physical activities and/or physical movements to assist the user to comply with the one or more goals” (abstract; EN ;this denotes the system working with the schedule related to compliance with their medication).
As per claim 9, Wachman discloses, “wherein the one or more rules and the one or more conditions are at least partially based on the real-time data” (Pg.4, particularly paragraph 0060; EN: this denotes the use of rules based on the patients behavior and other information).
As per claim 10, Wachman discloses, Wherein the first agent is operatively connected to a computing platform” (pg.3 particularly paragraph 0053-0054; EN: this denotes a local manager that monitors and manages input/output for the user along with various devices such as containers, feedback indicators, and sensors.).
Slayton discloses, “the computing platform comprising an agent manager that creates and deletes one or more agents in the plurality of artificially intelligent agents” (pg.4, particularly paragraph 0046; EN; this denotes the ability to add and remove agents as needed).
As per claim 11, Wachman discloses, “a system for making predictions about a user, comprising” (Pg.7, particularly paragraph 0109; EN: this denotes the learning algorithm making decision based on the user’s actions on how to get the user to take their required medication. Here the various actions are predicted to make the patient take the required medicine).
“a plurality of sensors” (Pg.3, particularly paragraph 0049; EN: this denotes a sensor on the pill bottle. Pg.3, particularly paragraph 0053; EWN; this denote sensors that monitor the user). “for collecting real-time data about a user” (Pg.3, particularly paragraph 0053; EWN; this denote sensors that monitor the user). “and the user’s physical environment” (Pg.3, particularly paragraph 0049; EN: this denotes monitoring the environment with the pill bottle sensor).
“A plurality of … agents” (pg.3 particularly paragraph 0053-0054; EN: this denotes a local manager that monitors and manages input/output for the user along with various devices such as containers, feedback indicators, and sensors. Pg.4, particularly paragraph 0058; EN: this denotes the backend, another set of hardware to monitor and make decisions for the user. As all of these monitor and manage data for the user, the Examiner is interpreting them to be “agents” of the user). “comprising computer-executable instructions that, when executed, perform operations comprising” (pg.13-14, particularly paragraph 0230; EN: this denotes the hardware of the system).
“obtaining a healthcare plan for the user, the healthcare plan comprising a set of actions to be taken by the user” (Abstract; EN: this denotes a compliance schedule related to medication). “and a set of goals… of the user” (Abstract; EN: this denotes a compliance schedule related to medication, and a goal of compliance with that schedule).
“obtaining the real-time data from the plurality of sensors” (pg.3 particularly paragraph 0053-0054; EN: this denotes a local manager that monitors and manages input/output for the user along with various devices such as containers, feedback indicators, and sensors).
“Determining, by the real-time data, a plurality of physical locations visited by the user” (pg.5, particularly paragraphs 0078-0083; EN: this denotes multiple sensors and multiple compartments all in different locations that the system monitors and the user is required to visit to take their medication).
“inferring, by the plurality of physical locations, a set of activities performed by the user” (pg.5, particularly paragraph 0072; EN: this denotes monitoring the actions to determine if the medicine was taken).
“when the set of activities fails to include at least one action in the set of actions, sending a reminder to the user to perform the at least one action” (Pg.5, particularly paragraph 0078-0083; EN: this denotes sending reminders to the user to take their medicine).
“determining, by the real time data, the one or more physiological metrics of the user” (Pg.3, particularly paragraph 0053; EWN; this denote sensors that monitor the user).
“when the one or more … of the user fails to meet at least one goal in the set of goals, sending an alert to the user, one or more individuals other than the user, and/or one or more agents in the plurality of… agents” (Pg.4, particularly paragraph 0060; EN: this denotes various interventions and the like relating to non-compliance).
“receiving one or more requests from the one or more individuals and/or the one or more agents to monitor the set of actions and/or the set of goals” (Pg.9-10, particularly paragraph 0147; EN: this denotes the system requesting measurement of various sensors).
“sending, in response to the one or more requests, the reminder and/or the alert to the one or more individuals and/or the one or more agents” (Pg.9-10, particularly paragraph 0147; EN: this denotes the system requesting measurement of various sensors and including this information in reports and other responses from the system).
“wherein the plurality of sensors comprises” (Pg.3, particularly paragraph 0049; EN: this denotes a sensor on the pill bottle. Pg.3, particularly paragraph 0053; EWN; this denote sensors that monitor the user).
“A first sensor that continuously collects a first set of data in the real-time data and continuously sends the first set of data to the plurality of … agents” (Pg.3, particularly paragraph 0053; EN: this denotes continuously monitoring things like pulse monitoring).
“a second sensor that collects a second set of data in the real-time data only when the user performs a triggering action” (Pg.9-10, particularly paragraph 0147; EN: this denotes the system requesting measurement of various sensors).
“A third sensor that collects a third set of data in the real-time data only when the user uses a device that measures the one or more physiological metrics” (Pg.9-10, particularly paragraph 0147; EN: this denotes the system requesting measurement of various sensors).
“wherein the first sensor is worn and/or carried by the user” (Pg.3, particularly paragraph 0053; EN: this denotes continuously monitoring things like pulse monitoring)., “and wherein both the second and third sensor are physically disposed within the users residence” (Pg.9-10, particularly paragraph 0147; EN: this denotes the system requesting measurement of various sensors).
However, Wachman fails to explicitly disclose, “a plurality of artificially intelligent agents”, “and a set of goals related to one or more physiological metrics of the user”, “when the one or more physiological metrics of the user fails to meet at least one goal in the set of goals”, “the plurality of artificially intelligent agents”
Slayton discloses, “a plurality of artificially intelligent agents”, “the plurality of artificially intelligent agents” (Pg.8-9, particularly paragraphs 0074-0075; EN: this denotes a system to store and use agents. When combined with the Wachman reference, this denotes allowing “intelligent agents” to perform the various actions of the Wachman reference as needed).
Rosen discloses, “and a set of goals related to one or more physiological metrics of the user”, “when the one or more physiological metrics of the user fails to meet at least one goal in the set of goals” (Pg.14-15, particularly paragraph 0176; EN: this denotes monitoring physiological metrics in order to manage and improve the health of a user (i.e. the goal of healthier metrics)).
Wachman and Slayton are analogous art because both involve automated health monitoring.
Before the effective filing date it would have been obvious to one skilled in the art of automated health monitoring to combine the work of Wachman and Slayton in order to allow the use of intelligent agents to perform actions for health monitoring.
The motivation for doing so would be to allow “intelligent agents to perform particular tasks and … provide a framework of services for implementing, maintaining, and executing the intelligent agents” (Slayton, Abstract) or in the case of Wachman, allow the various tasks of Wachman to be handled by intelligent agents as needed.
Therefore before the effective filing date it would have been obvious to one skilled in the art of automated health monitoring to combine the work of Wachman and Slayton in order to allow the use of intelligent agents to perform actions for health monitoring.
Wachman and Rosen are analogous art because both involve health monitoring.
Before the effective filing date it would have been obvious to one skilled in the art of health monitoring to combine the work of Wachman and Rosen in order to make predictions about physiological measurements related to medicine and improving the user’s health.
The motivation for doing so would be to allow “the outcome of the trend analysis for blood pressure may be used in charts, graphs, and or textual reports generated by the system. Trend analysis may be able to drive content and alerts based on various permutations of systolic and diastolic trending upward, downward, or no change… may also contribute to the body of knowledge driving changes in the patients medication and/or other treatment regimen by the physician” (Rosen, Pg.12, paragraph 0148) or in the case of Wachman, allow the system to make predictions about the user’s physiological state and goals for those values based upon the medication taking and whether they’re taking it.
Therefore before the effective filing date it would have been obvious to one skilled in the art of health monitoring to combine the work of Wachman and Rosen in order to make predictions about physiological measurements related to medicine and improving the user’s health.
As per claim 12, Wachman discloses, “predicting, by the plurality of physical locations, a future time that the user will visit the plurality of locations” (abstract; EN: this denotes schedules related to the compliance with taking medication). “predicting, by the plurality of physical locations, the set of activities, and/or the one or more physiological metrics, a future value…” (Pg.7, particularly paragraph 0109; EN: this denotes the learning algorithm making decision based on the user’s actions on how to get the user to take their required medication. Here the various actions are predicted to make the patient take the required medicine).
Rosen discloses, “predicting, … a future value of the one or more physiological metrics” (Pg.14-15, particularly paragraph 0176; EN: this denotes monitoring physiological metrics in order to manage and improve the health of a user (i.e. the goal of healthier metrics)).
As per claim 13, Wachman discloses, “wherein the plurality of physical locations comprises rooms within the user’s residence” (Pg.5, particularly paragraph 0075; EN: this denotes multiple different pill bottles which can be in different locations). “and wherein the real-time data comprises geographical proximity of the user to one or more objects within the user’s residence” (pg.3, particularly paragraph 0049; EN: this denotes monitoring the physical activity and motions of taking pills from a medication container).
As per claim 14, Wachman discloses, “Wherein the reminder and/or the alert are communicated via a user interface associated with one or more electronic devices of the user, wherein the one or more electronic devices comprises a mobile computing device” (Pg.3, particularly paragraph 0052; EN: this denotes feedback to the user via their phone). “An electronic appliance of the user” (Pg.3, particularly paragraph 0052; EN: this denotes a computer for feedback). “and an electronic interface in a vehicle” (pg.12, particularly paragraph 0207; EN: this denotes having displays in a vehicle to send feedback).
As per claim 15, Wachman discloses, “wherein the plurality of sensors further comprises additional sensors physically disposed outside of the user’s residence, and wherein the additional sensors comprise a sensor physically disposed within the vehicle” (pg.12, particularly paragraph 0207; EN: this denotes having displays in a vehicle to send feedback. As the pill bottles are mobile and can move with the user, they can be inside vehicles or other locations such as work).
As per claim 16, Wachman discloses, “A system for making predictions about a user, comprising” (Pg.7, particularly paragraph 0109; EN: this denotes the learning algorithm making decision based on the user’s actions on how to get the user to take their required medication. Here the various actions are predicted to make the patient take the required medicine).
“a plurality of sensors” (Pg.3, particularly paragraph 0049; EN: this denotes a sensor on the pill bottle. Pg.3, particularly paragraph 0053; EWN; this denote sensors that monitor the user). “for real-time collection of data about a user” (Pg.3, particularly paragraph 0053; EWN; this denote sensors that monitor the user). “the data comprising physiological metrics of the user” (Pg.3, particularly paragraph 0053; EWN; this denote sensors that monitor the user).
“A plurality of… agents” (pg.3 particularly paragraph 0053-0054; EN: this denotes a local manager that monitors and manages input/output for the user along with various devices such as containers, feedback indicators, and sensors. Pg.4, particularly paragraph 0058; EN: this denotes the backend, another set of hardware to monitor and make decisions for the user. As all of these monitor and manage data for the user, the Examiner is interpreting them to be “agents” of the user).
“wherein at least one agent in the plurality of … agents performs operations comprising” (pg.3 particularly paragraph 0053-0054; EN: this denotes a local manager that monitors and manages input/output for the user along with various devices such as containers, feedback indicators, and sensors. Pg.4, particularly paragraph 0058; EN: this denotes the backend, another set of hardware to monitor and make decisions for the user. As all of these monitor and manage data for the user, the Examiner is interpreting them to be “agents” of the user).
“obtaining the data from the plurality of sensors” (pg.3 particularly paragraph 0053-0054; EN: this denotes a local manager that monitors and manages input/output for the user along with various devices such as containers, feedback indicators, and sensors).
“analyzing the data to detect behavior patterns of the user” (pg.4, particularly paragraph 0063; EN: this denotes monitoring the users behavior to optimize the behavior of taking their medicine). “The behavior patterns comprising at least one physical environment in which the user is located” (Pg.3, particularly paragraph 0049; EN: this denotes monitoring the environment with the pill bottle sensor).
“Determining, by the behavior patterns, the … metrics of the user” (Pg.4, particularly paragraph 0060; EN: this denotes the escalation engine determining their behavior and how to respond to it to ensure compliance with taking their medicine).
“When the … of the user fails to meet at least one predetermined health goal of the user, performing a response” (Pg.4, particularly paragraph 0060; EN: this denotes the escalation engine determining their behavior and how to respond to it to ensure compliance with taking their medicine).
“Wherein the plurality of sensors comprises” (Pg.3, particularly paragraph 0049; EN: this denotes a sensor on the pill bottle. Pg.3, particularly paragraph 0053; EWN; this denote sensors that monitor the user).
“a first sensor in physical contact with the user” (Pg.3, particularly paragraph 0053; EN: this denotes monitoring things like pulse monitoring).
“A second sensor physically disposed within at least one physical environment” (pg.3, particularly paragraph 0049; EN: this denotes monitoring the physical activity and motions of taking pills from a medication container).
“a third sensor that beings the real-time collection of data only when the user uses a device” (Pg.9-10, particularly paragraph 0147; EN: this denotes the system requesting measurement of various sensors).
“wherein each of the plurality of … agents” (pg.3 particularly paragraph 0053-0054; EN: this denotes a local manager that monitors and manages input/output for the user along with various devices such as containers, feedback indicators, and sensors. Pg.4, particularly paragraph 0058; EN: this denotes the backend, another set of hardware to monitor and make decisions for the user. As all of these monitor and manage data for the user, the Examiner is interpreting them to be “agents” of the user).
“communicates with at least one other agent in the plurality of … agents, the communicating comprising sending and/or receiving at least one communicative act” (Pg.4, particularly paragraph 0058; EN: this denotes numerous back-end agents such as a learning engine and a rules and escalation engine among others).
“are decentralized such that each of the plurality of … personal agents is not connected to a cloud based server” (pg.3 particularly paragraph 0053-0054; EN: this denotes a local manager that monitors and manages input/output for the user along with various devices such as containers, feedback indicators, and sensors).
However, Wachman fails to explicitly disclose, “a plurality of artificially intelligent agents”, “the plurality of artificially intelligent agents”, “Determining, by the behavior patterns, the physiological metrics of the user”, “the physiological metrics…”
Slayton discloses, “a plurality of artificially intelligent agents”, “the plurality of artificially intelligent agents” (Pg.8-9, particularly paragraphs 0074-0075; EN: this denotes a system to store and use agents. When combined with the Wachman reference, this denotes allowing “intelligent agents” to perform the various actions of the Wachman reference as needed).
Rosen discloses, “Determining, by the behavior patterns, the physiological metrics of the user”, “the physiological metrics…” (pg.11, particularly 0133; EN: this denotes using physiological metrics to predict future values for those metrics).
Wachman and Slayton are analogous art because both involve automated health monitoring.
Before the effective filing date it would have been obvious to one skilled in the art of automated health monitoring to combine the work of Wachman and Slayton in order to allow the use of intelligent agents to perform actions for health monitoring.
The motivation for doing so would be to allow “intelligent agents to perform particular tasks and … provide a framework of services for implementing, maintaining, and executing the intelligent agents” (Slayton, Abstract) or in the case of Wachman, allow the various tasks of Wachman to be handled by intelligent agents as needed.
Therefore before the effective filing date it would have been obvious to one skilled in the art of automated health monitoring to combine the work of Wachman and Slayton in order to allow the use of intelligent agents to perform actions for health monitoring.
Wachman and Rosen are analogous art because both involve health monitoring.
Before the effective filing date it would have been obvious to one skilled in the art of health monitoring to combine the work of Wachman and Rosen in order to make predictions about physiological measurements related to medicine.
The motivation for doing so would be to allow “the outcome of the trend analysis for blood pressure may be used in charts, graphs, and or textual reports generated by the system. Trend analysis may be able to drive content and alerts based on various permutations of systolic and diastolic trending upward, downward, or no change… may also contribute to the body of knowledge driving changes in the patients medication and/or other treatment regimen by the physician” (Rosen, Pg.12, paragraph 0148) or in the case of Wachman, allow the system to make predictions about the user’s physiological state based upon the medication taking and whether they’re taking it.
Therefore before the effective filing date it would have been obvious to one skilled in the art of health monitoring to combine the work of Wachman and Rosen in order to make predictions about physiological measurements related to medicine.
As per claim 17, Wachman disclose, “wherein the at least one physical environment comprises an enclosed, interior area around the user” (Pg.3, particularly paragraph 0049; EN: this denotes monitoring the environment with the pill bottle sensor).
As per claim 18, Wachman discloses, “wherein the enclosed, interior area is selected form the group consisting of: a building, a vehicle, and combinations thereof” (Pg.3, particularly paragraph 0049; EN: this denotes monitoring the environment with the pill bottle sensor).
As per claim 19, Wachman discloses, “sending an alert to the user that the user is not incompliance with the at least one predetermined health goal” (Pg.4, particularly paragraph 0060; EN: this denotes the escalation engine determining their behavior and how to respond to it to ensure compliance with taking their medicine).
“sending a recommendation to the user to assist the user to comply with the at least one pre-determined health goal” (Pg.4, particularly paragraph 0060; EN: this denotes the escalation engine determining their behavior and how to respond to it to ensure compliance with taking their medicine).
Claim Rejections - 35 USC § 103
Claims 6 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wachman et al (US 20070016443 A1) in view of Slayton et al (US 20150215350 A1) and Rosen (US 20060025931 A1) and further in view of Holt et al (US 20060276714 A1).
As per claim 6, Wachman fails to explicitly disclose, “wherein the physiological metrics comprise a heart rate of the user, a respiration rate of the user and a blood oxygen saturation level of the user.”
Holt discloses, “wherein the physiological metrics comprise a heart rate of the user, a respiration rate of the user and a blood oxygen saturation level of the user” (pg.1, particularly paragraph 0013; EN: this denotes various vital signs which can be monitored for the user relating to their health).
Wachman and Holt are analogous art because both involve health monitoring.
Before the effective filing date it would have been obvious to one skilled in the art of health monitoring to combine the work of Wachman and Holt in order to consider various health measurements for the user.
The motivation for doing so would be to monitor “any measurable presence and/or level of particular substances, rates, or conditions which could affect an individual’s health” (Holt, Pg.1, paragraph 0013) or in the case of Wachman, consider various other health measurements that might be related to the user’s health and medicine.
Therefore before the effective filing date it would have been obvious to one skilled in the art of health monitoring to combine the work of Wachman and Holt in order to consider various health measurements for the user.
As per claim 20, Wachman discloses, “Wherein the behavior patterns further comprise the user’s physical activities and physical movements and wherein the operations further comprise” (pg.3, particularly paragraph 0049; EN: this denotes monitoring the physical activity and motions of taking pills from a medication container).
“Learning when the user performs the physical activities and the physical movements” (pg.5, particularly paragraph 0075; EN: this denotes dosing times and monitoring for when the user takes their medication).
“asking the user at least one question regarding the physiological metrics” (Pg.9-10, particularly paragraph 0147; EN: this denotes the system requesting measurement of various sensors).
“receiving, from the user, at least one answer to the at least one question regarding the physiological metrics” (Pg.3, particularly paragraph 0053; EN: this denotes various sensors the user can monitor for physiological measurements).
Wachman fails to explicitly disclose, “wherein the physiological metrics comprise at least one of: a heart rate of the user, a respiration rate of the user, and a blood oxygen saturation level of the user.”
Holt discloses, “wherein the physiological metrics comprise at least one of: a heart rate of the user, a respiration rate of the user, and a blood oxygen saturation level of the user” (pg.1, particularly paragraph 0013; EN: this denotes various vital signs which can be monitored for the user relating to their health).
Wachman and Holt are analogous art because both involve health monitoring.
Before the effective filing date it would have been obvious to one skilled in the art of health monitoring to combine the work of Wachman and Holt in order to consider various health measurements for the user.
The motivation for doing so would be to monitor “any measurable presence and/or level of particular substances, rates, or conditions which could affect an individual’s health” (Holt, Pg.1, paragraph 0013) or in the case of Wachman, consider various other health measurements that might be related to the user’s health and medicine.
Therefore before the effective filing date it would have been obvious to one skilled in the art of health monitoring to combine the work of Wachman and Holt in order to consider various health measurements for the user.
Conclusion
The examiner requests, in response to this Office action, support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line no(s) in the specification and/or drawing figure(s). This will assist the examiner in prosecuting the application.
When responding to this office action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BEN M RIFKIN whose telephone number is (571)272-9768. The examiner can normally be reached Monday-Friday 9 am - 5 pm.
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/BEN M RIFKIN/Primary Examiner, Art Unit 2123