Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“A signal control module disposed inside the eyeglass structure module” in claims 1 and 8
The best support can be found in para 29 of applicant’s specification received on 5/13/2024 (hereafter referred to as AP specification) which states the following:
“It should be noted that the signal control module 2 can use a central processing unit (CPU), a digital signal processor (DSP), a microprocessor (MPU), a microcontroller (MCU) or any type of control chip with any type of memory.”
Thus, a signal control module is understood to recite a CPU, microprocessor, processor, controller, microcontroller or any of their functional equivalents.
“An image capturing module disposed inside the eyeglass structure module and electrically connected to the signal control module” in claims 1 and 8.
The best support can be found in part 29 of AP specification which states the following:
“In addition, the image capturing module 3 may include one or more image sensors or image readers, the image capturing module 3 may also include multiple image sensors or image readers of the same type or different types, and the image sensor used in the image capturing module 3 can be a charge-coupled device (CCD) image sensor, a complementary metal oxide semiconductor (CMOS) image sensor, or any type of image sensor.”
Thus, an image capturing module is understood to recite image sensor(s) or any of their functional equivalents.
“A wireless transmission module disposed inside the eyeglass structure module and electrically connected to the signal control module” in claims 1
The best support can be found in para 30 of AP specification which states the following:
“More particularly, the wireless transmission module 4 can perform wireless data transmission through the cooperation of the antenna structure (or antenna chip) with Wi-Fi, Bluetooth, ZigBee or any wireless transmission method.”
Thus, a wireless transmission module is understood to include Antennas, Wi-Fi, Bluetooth, ZigBee or any of their functional equivalents.
“An information providing module disposed inside the eyeglass structure module and electrically connected to the signal control module” in claims 1 and 8
The best support can be found in para 31 of AP specification which states the following:
“In addition, the information providing module 5 can be allowed to be configured as an information display 51 (such as a transparent display) for visually presenting the physiological state signal S, an information projector 52 for visually presenting the physiological state signal S, a sound player 53 for audibly presenting the physiological state signal S2 and a vibration generator 54 for tangibly presenting the physiological state signal S2, or at least one or more of the information display 51, the information projector 52, the sound player 53 and the vibration generator 54 can cooperate with each other to present the physiological state signal S2.”
Thus, an information providing module is understood to be a display/ projector, speaker/sound output, vibration generator or any of their functional equivalents.
“A power supply module disposed inside the eyeglass structure module and electrically connected to the signal control module” in claim 1
The closest support is para 35 of AP specification which states the following:
“In addition, the power supply module 6 can be any kind of rechargeable battery or solar cell. However, the aforementioned details are disclosed for exemplary purposes only, and are not meant to limit the scope of the present disclosure.”
Thus, a power supply module is understood to be a battery, power source or any of their functional equivalents.
“An electrical connector module disposed inside the eyeglass structure module and electrically connected to the signal control module” in claims 2-3 and 9
The closest support is para 36 of AP specification which states the following:
“More particularly, when the electrical connector module 7 is optionally configured to be used (such as using USB or any kind of transmission interface), the electrical connector module 7 can be allowed to be configured through the signal control module 2 to communicate with an external system in a wired manner (such as transmitting data or current).”
Thus, an electrical connector module is understood to be transmission interface, wiring/cabling or any of their functional equivalents
“a near-end information providing module adjacent to the user” as recited by claims 5
The closest support is para 33 of AP specification which states the following:
“More particularly, when the near-end information providing module N5 is optionally configured to be used, the near-end information providing module N5 can be allowed to be configured as at least one or more near-end information displays N51 (such as an image display provided by the user's portable device, e.g., mobile phone or tablet) for displaying the physiological state signal S2, so that the near-end information display N51 can be allowed to be configured to present (or display) the physiological state signal S2 in a visible or visual manner for reference by relevant personnel. Moreover, when the near-end information providing module N5 is optionally configured to be used, the near-end information providing module N5 can be allowed to be configured as at least one or more near-end sound players N53 (such as a speaker provided by the user's portable device, e.g., a mobile phone, tablet or wireless headphone) for playing the physiological state signal S2, so that the near-end sound player N53 can be allowed to be configured to present (or play) the physiological state signal S2 in an audible or auditory manner for reference by relevant personnel. In addition, when the near-end information providing module N5 is optionally configured to be used, the near-end information providing module N5 can be allowed to be configured as at least one or more near-end vibration generators N54 (such as a vibration motor provided by the user's portable device, e.g., a mobile phone, tablet or wireless headphone) for generating different vibration frequencies based on or according to changes in the physiological state signal S2, so that the near-end vibration generator N54 can be allowed to be configured to present (or generate) the physiological state signal S2 in a touchable or tactile manner for reference by relevant personnel.”
Thus, a near-end information providing module is understood to recite a display, speaker/sound output, mobile phone, tablet, wireless headphone, vibration /tactile generator or any of their functional equivalents.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 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 1-10 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.
Claims 1-10 either directly or through dependency recite limitations that use language with the format “when” X is “optionally configured to be used” then Y.
For example claim 1 recites “wherein, when the image capturing module is optionally configured to be used, the image capturing module is allowed to be configured through the signal control module to continuously or discontinuously capture a
plurality of eye images of a user wearing the eyeglass structure within a
predetermined period, thereby obtaining a plurality of eye image signals
respectively corresponding to the eye images of the user”
This raises questions as to how these limitations should be interpreted. The terms “when” implies a conditional limitation. MPEP 2114.04 recites that for method claims are interpreted as follows:
“The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met.”
And for Apparatus claims are interpreted as follows:
“The broadest reasonable interpretation of a system (or apparatus or product) claim having structure that performs a function, which only needs to occur if a condition precedent is met, requires structure for performing the function should the condition occur.”
Any limitation purely using conditional limitations has interpreted as directed by the cited sections of the MPEP discussed above. However, these limitations also include the term “optionally” implying that these conditional limitations are optional. This raises questions are these conditional limitations optional, part of these conditional limitations is optional, or is applicant implying some ON/OFF configuration (i.e. when the module is turned on thereby optional based on some form of control)? The broadest interpretation and the one taken for this examination is that any limitation(s) written with the cited format is an optional limitation and therefore not required. Regardless if this is applicant’s intended interpretation or not applicant should amend the claims to be interpreted to make what is being claimed here clear.
Additionally, claims 1-10 either directly or through dependency recite limitations using the language “allowed to be configured”. For example, claim 10 recites the limitations:
“wherein, when the information providing module is allowed to be configured as an information projector for projecting the physiological state signal to at least one eye based on eyeball position information captured by an eye tracking module, the information projector is allowed to be configured to visually present the physiological state signal;”
wherein, when the information providing module is allowed to be configured as a sound player for playing the physiological state signal, the sound player is allowed to be configured to audibly present the physiological state signal;
wherein, when the information providing module is allowed to be configured as a vibration generator for generating different vibration frequencies based on changes in the physiological state signal, the vibration generator is configured to tangibly present the physiological state signal.”
“Allowed to be configured” is indefinite, because it is not clear if the something needs to actually be configured or not. Furthermore, if it is not actually required to be configured what structure is being claimed or sufficient such that something is “allowed to be configured”. A review of applicant’s specification does not provide a clear guidance as to the metes and bounds on “allowed to be configured” and what limits it imparts on the structure. The broadest reasonable interpretation is that “allowed to be configured” is claiming something can or may be something, which is optional language. Therefore, limitations reciting “allowed to be configured” in claims 1-10 are interpreted as optional language for this examination. Regardless, if this is applicant’s intended interpretation or not, applicant should amend to make it clear what is being claimed here.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 4-8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tzvieli et al (US 20210318558) hereafter known as Tzvieli in view of Devani et al (US 20220218198) hereafter known as Devani
Independent claim:
Regarding claim 1:
Tzvieli discloses:
A physiological state detection device applied to an eyeglass structure [see Figs. 2 and 3A-C and abstract… “A novel design for untethered smartglasses with wireless connectivity in which electronic components and electric wiring are mounted in a manner than enables at least a portion of temples of the smartglasses to be bent around the ear to improve the smartglasses' fit.”]
comprising:
an eyeglass structure module [see Fig. 3C and para 151… “FIG. 3C illustrates smartglasses with PSOG”];
a signal control module disposed inside the eyeglass structure module [see Fig. 3A element 240 and para 114-115… “Various embodiments described herein involve a head-mounted system (HMS) that may be connected, using wires and/or wirelessly, with a device carried by the user and/or a non-wearable device. The HMS may include a battery, a computer, sensors, and a transceiver. FIG. 34A and FIG. 34B are schematic illustrations of possible embodiments for computers (400, 410) that are able to realize one or more of the embodiments discussed herein that include a “computer”. The computer (400, 410) may be implemented in various ways, such as, but not limited to, a microcontroller, a computer on a chip, a system-on-chip (SoC), a system-on-module (SoM), a processor with its required peripherals, a server computer, and/or any other computer form capable of executing a set of computer instructions.”];
an image capturing module disposed inside the eyeglass structure module and electrically connected to the signal control module [see Fig. 3A-3C elements 228 and 237 and para 128… “a camera 237 that captures images 239 of the eye of a user,” and
para 151-152… “FIG. 3C illustrates smartglasses with PSOG that utilizes multiple light sources and multiple detectors. Coupled to the frame of the smartglasses, around each of the lenses are multiple photosensors 228 and multiple light sources (emitters 229), which are interleaved between the photosensors 228. It is to be noted that the emitters and photosensors are present on the frame around both lenses, but for the sake of clarity the photosensors 228 are designated on the left side and the emitters 229 are designated on the right side.” And “Herein, a “photosensitive sensor” refers to a sensor suitable to measure amount of light reaching the sensor (according to one or more of the disclosed embodiments). Examples of photosensitive sensors include photodiodes, photodetectors, photosensors, active-pixel sensors, CMOS sensors, and CCD sensors.”];
a wireless transmission module disposed inside the eyeglass structure module and electrically connected to the signal control module [see Fig. 3C and para 114-115… “Various embodiments described herein involve a head-mounted system (HMS) that may be connected, using wires and/or wirelessly, with a device carried by the user and/or a non-wearable device. The HMS may include a battery, a computer, sensors, and a transceiver.”];
an information providing module disposed inside the eyeglass structure module and electrically connected to the signal control module [see para 137… “The one or more emitting components of the VOG and/or PSOG systems (e.g., LEDs, lasers) may be coupled to the head-mounted system at various positions suitable to emit light to the wearer's eyes, such as: emitters embedded in a head-mounted frame, emitters embedded in the smartglasses' temples, emitters embedded in a display (e.g., a microLED display with IR emitters located in front of the eye”]; and
a power supply module disposed inside the eyeglass structure module and electrically connected to the signal control module [see Fig. 3A and para 114-115… “Various embodiments described herein involve a head-mounted system (HMS) that may be connected, using wires and/or wirelessly, with a device carried by the user and/or a non-wearable device. The HMS may include a battery, a computer, sensors, and a transceiver.];
wherein, when the image capturing module is optionally configured to be used, the image capturing module is allowed to be configured through the signal control module to continuously or discontinuously capture a plurality of eye images of a user wearing the eyeglass structure within a predetermined period, thereby obtaining a plurality of eye image signals respectively corresponding to the eye images of the user [this limitation is optional and not required, see 112 section above];
wherein, when the wireless transmission module is optionally configured to be used, the wireless transmission module is allowed to be configured through the signal control module to transmit the eye image signals to an information processing system, thereby obtaining a physiological state signal corresponding to the eye image signals;
wherein, when the wireless transmission module is optionally configured to be used, the wireless transmission module is allowed to be configured through the signal control module to receive the physiological state signal that is obtained through processing by the information processing system [this limitation is optional and not required, see 112 section above];
wherein, when the information providing module is optionally configured to be used, the information providing module is allowed to be configured through the signal control module to present the physiological state signal for reference by relevant personnel [this limitation is optional and not required, see 112 section above];
wherein, when the power supply module is optionally configured to be used, the power supply module is allowed to be configured through the signal control module to supply power to the signal control module, the image capturing module, the wireless transmission module and the information providing module [this limitation is optional and not required, see 112 section above];
However, while Tzvieli discloses the image capture module that is understood to be capable of taking images, Tzvieli fails to disclose “wherein each of the eye images of the user includes at least one scleral image with microvascular characteristics or at least one eyelid image with microvascular characteristics.”
Devani discloses in the analogous art of physiologic diagnostics [see abstract… “Systems and methods are disclosed for measuring pupillary light reflex and detecting diseases based on eyes features and trends in pupillary and other eye related features.” And “The image data and the distance are processed to determine at least one pupillary feature. Based on the at least one pupillary feature, a health status associated with the user is determined.”] capturing image data to identify sclera vasculature (i.e. images include one scleral image with microvascular characteristics) [see para 161-168… “The present disclosure further provides for identifying sclera vasculature” and “The example method then provides for segmentation, which includes a rectangular demarcation of the sclera area from the iris. For example, sclera, skin, and a reference color (e.g., white patch) pixel coordinates are identified in an image viewer. Segmentation then includes classifying pixels into foreground (e.g., blood vessel) and background (e.g., white sclera).”] for the purpose of obtaining phenotypic signals during a user’s daily routines [see para 58… “phenotypic signs are typically expressed and generated as data outside of the medical setting, or in the life setting. For example, phenotypic data may be captured at home and while users goes about their daily routines.”]
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Tzvieli by modifying Tzvieli’s image capture module to capture sclera vasculature similarly to that disclosed by Devani because this will provide phenotypic data during a user’s daily routines which one of ordinary skill would expect to provide additional physiological data of the user thereby improving the accuracy of the diagnostic data captured by Tzvieli.
Independent claim
Regarding claim 8:
An eyeglass structure configured for using a physiological state detection device [see Figs. 2 and 3A-C and abstract… “A novel design for untethered smartglasses with wireless connectivity in which electronic components and electric wiring are mounted in a manner than enables at least a portion of temples of the smartglasses to be bent around the ear to improve the smartglasses' fit.”], comprising:
an eyeglass structure module [see Fig. 3C and para 151… “FIG. 3C illustrates smartglasses with PSOG”];
a signal control module disposed inside the eyeglass structure module [see Fig. 3A element 240 and para 114-115… “Various embodiments described herein involve a head-mounted system (HMS) that may be connected, using wires and/or wirelessly, with a device carried by the user and/or a non-wearable device. The HMS may include a battery, a computer, sensors, and a transceiver. FIG. 34A and FIG. 34B are schematic illustrations of possible embodiments for computers (400, 410) that are able to realize one or more of the embodiments discussed herein that include a “computer”. The computer (400, 410) may be implemented in various ways, such as, but not limited to, a microcontroller, a computer on a chip, a system-on-chip (SoC), a system-on-module (SoM), a processor with its required peripherals, a server computer, and/or any other computer form capable of executing a set of computer instructions.”];
an image capturing module disposed inside the eyeglass structure module and electrically connected to the signal control module [see Fig. 3A-3C elements 228 and 237 and para 151-152… “FIG. 3C illustrates smartglasses with PSOG that utilizes multiple light sources and multiple detectors. Coupled to the frame of the smartglasses, around each of the lenses are multiple photosensors 228 and multiple light sources (emitters 229), which are interleaved between the photosensors 228. It is to be noted that the emitters and photosensors are present on the frame around both lenses, but for the sake of clarity the photosensors 228 are designated on the left side and the emitters 229 are designated on the right side.” And “Herein, a “photosensitive sensor” refers to a sensor suitable to measure amount of light reaching the sensor (according to one or more of the disclosed embodiments). Examples of photosensitive sensors include photodiodes, photodetectors, photosensors, active-pixel sensors, CMOS sensors, and CCD sensors.”]; and
an information providing module disposed inside the eyeglass structure module and electrically connected to the signal control module [see para 137… “The one or more emitting components of the VOG and/or PSOG systems (e.g., LEDs, lasers) may be coupled to the head-mounted system at various positions suitable to emit light to the wearer's eyes, such as: emitters embedded in a head-mounted frame, emitters embedded in the smartglasses' temples, emitters embedded in a display (e.g., a microLED display with IR emitters located in front of the eye”];
wherein, when the image capturing module is optionally configured to be used, the image capturing module is allowed to be configured through the signal control module to continuously or discontinuously capture a plurality of eye images of a user within a predetermined period [this limitation is optional and not required, see 112 section above];
wherein, when the information providing module is optionally configured to be used, the information providing module is allowed to be configured through the signal control module to present a physiological state signal corresponding to the eye images [this limitation is optional and not required, see 112 section above];
However, while Tzvieli discloses the image capture module that is understood to be capable of taking images, Tzvieli fails to disclose “wherein each of the eye images of the user includes at least one scleral image with microvascular characteristics or at least one eyelid image with microvascular characteristics.”
Devani discloses in the analogous art of physiologic diagnostics [see abstract… “Systems and methods are disclosed for measuring pupillary light reflex and detecting diseases based on eyes features and trends in pupillary and other eye related features.” And “The image data and the distance are processed to determine at least one pupillary feature. Based on the at least one pupillary feature, a health status associated with the user is determined.”] capturing image data to identify sclera vasculature (i.e. images include one scleral image with microvascular characteristics) [see para 161-168… “The present disclosure further provides for identifying sclera vasculature” and “The example method then provides for segmentation, which includes a rectangular demarcation of the sclera area from the iris. For example, sclera, skin, and a reference color (e.g., white patch) pixel coordinates are identified in an image viewer. Segmentation then includes classifying pixels into foreground (e.g., blood vessel) and background (e.g., white sclera).”] for the purpose of obtaining phenotypic signals during a user’s daily routines [see para 58… “phenotypic signs are typically expressed and generated as data outside of the medical setting, or in the life setting. For example, phenotypic data may be captured at home and while users goes about their daily routines.”]
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Tzvieli by modifying Tzvieli’s image capture module to capture sclera vasculature similarly to that disclosed by Devani because this will provide phenotypic data during a user’s daily routines which one of ordinary skill would expect to provide additional physiological data of the user thereby improving the accuracy of the diagnostic data captured by Tzvieli.
Independent claim:
Regarding claim 10:
Tzvieli discloses:
A physiological state detection method [see Figs. 3A-3C and para 160…“The following method may be used by systems modeled according to FIG. 3A.”], comprising:
providing an eyeglass structure equipped with a physiological state detection device [see Fig. 3A-3C and para 151… “FIG. 3C illustrates smartglasses with PSOG”];
identifying an identity of a user wearing the eyeglass structure through a biometric module of the physiological state detection device [see paras 732-734 of Tzvieli [see “the system configured to perform biometric authentication includes a non-wearable device comprising a camera configured to take video of the user's head.” And “the system configured to perform biometric authentication includes a fourth head-mounted sensor configured to measure a signal indicative of movements of an eye of the user (eye movements). Optionally, the computer is further configured to extract additional feature values from the eye movements, and to feed also the additional feature values into the model in order to calculate the biometric authentication score for the user.”];
capturing a plurality of eye images of the user within a predetermined period by an image capturing module of the physiological state detection device [see Fig. 3A-3C and para 189… “capturing images of the eye by a camera”];
processing the eye images by an information processing system, thereby obtaining a physiological state signal corresponding to the eye images [see Fig. 3A-3C arrow from element 237 to element 240 and para 171… “the computer 240 that is configured to calculate values indicative of eye movement velocity (EMV) based on the reflections measured by the PSOG, and to calculate pupil features 246, based on the images,” and para 190… “calculating values indicative of eye movement velocity (EMV) based on the reflections"]; and
presenting the physiological state signal by an information providing module of the physiological state detection device for reference by relevant personnel [see para 59 of Tzvieli… “The novel design of smartglasses described herein involves smartglasses that are untethered and operate with wireless connectivity (e.g., to connect with server in the cloud and/or to wireless devices such as smartphones). These properties make the smartglasses suitable for prolonged usage. Being untethered makes the smartglasses more comfortable. The wireless communication enables offloading of at least some of the processing of data collected by the smartglasses and/or presented by them to remote processors (e.g., servers in the cloud and/or other mobile devices like smartphones).” Which discloses a smartphone (i.e. an information providing module) as presenting the data (i.e. the signal)];
wherein, when the information providing module is allowed to be configured as an information display for displaying the physiological state signal, the information display is allowed to be configured to visually present the physiological state signal [conditional limitation in a method and optional limitation which as outlined under 112 section is understood to not be required];
wherein, when the information providing module is allowed to be configured as an information projector for projecting the physiological state signal to at least one eye based on eyeball position information captured by an eye tracking module, the information projector is allowed to be configured to visually present the physiological state signal [conditional limitation in a method and optional limitation which as outlined under 112 section is understood to not be required];
wherein, when the information providing module is allowed to be configured as a sound player for playing the physiological state signal, the sound player is allowed to be configured to audibly present the physiological state signal [conditional limitation in a method which as outlined under 112 section is understood to not be required];
wherein, when the information providing module is allowed to be configured as a vibration generator for generating different vibration frequencies based on changes in the physiological state signal, the vibration generator is configured to tangibly present the physiological state signal [conditional limitation in a method and optional limitation which as outlined under 112 section is understood to not be required].
However, Tzvieli fails to fully disclose the step of “continuously or discontinuously capturing a plurality of eye images of the user within a predetermined period by an image capturing module of the physiological state detection device, thereby obtaining blood flow changes or spectral changes in capillaries of the user's scleras or eyelids” as claimed.
Devani discloses in the analogous art of physiologic diagnostics [see abstract… “Systems and methods are disclosed for measuring pupillary light reflex and detecting diseases based on eyes features and trends in pupillary and other eye related features.” And “The image data and the distance are processed to determine at least one pupillary feature. Based on the at least one pupillary feature, a health status associated with the user is determined.”] capturing image data to identify sclera vasculature (i.e. obtaining blood flow changes or spectral changes in capillaries of the user's scleras or eyelids via continuous or discontinuous capturing of eye images) [see para 161-168… “The present disclosure further provides for identifying sclera vasculature” and “The example method then provides for segmentation, which includes a rectangular demarcation of the sclera area from the iris. For example, sclera, skin, and a reference color (e.g., white patch) pixel coordinates are identified in an image viewer. Segmentation then includes classifying pixels into foreground (e.g., blood vessel) and background (e.g., white sclera).”] for the purpose of obtaining phenotypic signals during a user’s daily routines [see para 58… “phenotypic signs are typically expressed and generated as data outside of the medical setting, or in the life setting. For example, phenotypic data may be captured at home and while users goes about their daily routines.”]
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Tzvieli by modifying Tzvieli’s image capture module to capture sclera vasculature similarly to that disclosed by Devani because this will provide phenotypic data during a user’s daily routines which one of ordinary skill would expect to provide additional physiological data of the user thereby improving the accuracy of the diagnostic data captured by Tzvieli.
Dependent claims:
Regarding claim 2, see para 114-115 of Tzvieli [see… “Various embodiments described herein involve a head-mounted system (HMS) that may be connected, using wires and/or wirelessly, with a device carried by the user and/or a non-wearable device. The HMS may include a battery, a computer, sensors, and a transceiver. FIG. 34A and FIG. 34B are schematic illustrations of possible embodiments for computers (400, 410) that are able to realize one or more of the embodiments discussed herein that include a “computer”. The computer (400, 410) may be implemented in various ways, such as, but not limited to, a microcontroller, a computer on a chip, a system-on-chip (SoC), a system-on-module (SoM), a processor with its required peripherals, a server computer, and/or any other computer form capable of executing a set of computer instructions.”] which discloses a wires (i.e. an electrical connector module) as claimed. Also, see Fig. 3A-3C and para 157 [see… “the computer 240 utilizes at least one of photosensitive sensors utilized by the PSOG 235 to detect a flickering timing of ambient light”] which discloses at least one PSOG sensor is an ambient light detector and see Fig. 3C which shows emitters (i.e. at least a light-filling component) which together recite an automatic light supplement module as claimed. Additionally, paras 732-734 of Tzvieli [see “the system configured to perform biometric authentication includes a non-wearable device comprising a camera configured to take video of the user's head.” And “the system configured to perform biometric authentication includes a fourth head-mounted sensor configured to measure a signal indicative of movements of an eye of the user (eye movements). Optionally, the computer is further configured to extract additional feature values from the eye movements, and to feed also the additional feature values into the model in order to calculate the biometric authentication score for the user.”] discloses a biometric module that determines movement of the eye which is at least a sclera recognition module that authorizes a user (i.e. a structure capable of reciting the interpreted optional limitation of “wherein, when the biometric module is configured as the iris recognition module or the sclera recognition module, the iris recognition module or the sclera recognition module is allowed to be configured through the signal control module to capture at least one iris image or sclera image of the user, thereby identifying whether the user is qualified to use the physiological state detection device”)
Regarding claims 4-7, para 59 of Tzvieli [see “The novel design of smartglasses described herein involves smartglasses that are untethered and operate with wireless connectivity (e.g., to connect with server in the cloud and/or to wireless devices such as smartphones). These properties make the smartglasses suitable for prolonged usage. Being untethered makes the smartglasses more comfortable. The wireless communication enables offloading of at least some of the processing of data collected by the smartglasses and/or presented by them to remote processors (e.g., servers in the cloud and/or other mobile devices like smartphones).”] and para 115 of Tzvieli [see “The computer (400, 410) may be implemented in various ways, such as, but not limited to, a microcontroller, a computer on a chip, a system-on-chip (SoC), a system-on-module (SoM), a processor with its required peripherals, a server computer, and/or any other computer form capable of executing a set of computer instructions. Further, references to a computer or a processor include any collection of one or more computers and/or processors (which may be at different locations) that individually or jointly execute one or more sets of computer instructions. This means that the singular term “computer” is intended to imply one or more computers, which jointly perform the functions attributed to “the computer”. In particular, some functions attributed to the computer may be performed by a computer on a wearable device (e.g., smartglasses) and/or a computer of the user (e.g., smartphone), while other functions may be performed on a remote computer, such as a cloud-based server.”] disclose multiple computers with one on the smartglasses (i.e. signal control module), one as a mobile device (i.e. a near end information providing module configured as a near-end information display) and a remote server computer (i.e. a remote information providing module configured as a remote information display) which jointly perform all the functions of the computer (i.e. “wherein the physiological state detection device is configured to perform information acquisition operation, information transmission operation, and information calculation operation through the near-end information providing module”) as recited in these claims.
Claim(s) 3 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tzvieli in view of Devani as applied to claims 1 and 8 above, and further in view of Corso et al (US 20230253119) hereafter known as Corso.
Regarding claim 3:
Tzvieli in view of Devani discloses the invention substantially as claimed including all the limitations of claim 1 as outlined above. Additionally, Tzvieli in view of Devani discloses:
wherein the physiological state detection device further comprises an electrical connector module disposed inside the eyeglass structure module and electrically connected to the signal control module [see para 114-115 of Tzvieli … “Various embodiments described herein involve a head-mounted system (HMS) that may be connected, using wires and/or wirelessly, with a device carried by the user and/or a non-wearable device. The HMS may include a battery, a computer, sensors, and a transceiver. FIG. 34A and FIG. 34B are schematic illustrations of possible embodiments for computers (400, 410) that are able to realize one or more of the embodiments discussed herein that include a “computer”. The computer (400, 410) may be implemented in various ways, such as, but not limited to, a microcontroller, a computer on a chip, a system-on-chip (SoC), a system-on-module (SoM), a processor with its required peripherals, a server computer, and/or any other computer form capable of executing a set of computer instructions.”];
wherein the physiological state detection device further comprises an automatic light supplement module disposed inside the eyeglass structure module and electrically connected to the signal control module, and the automatic light supplement module includes an ambient light detector and a light-filling component [see Figs. 3A-3C and para 157… “the computer 240 utilizes at least one of photosensitive sensors utilized by the PSOG 235 to detect a flickering timing of ambient light” which discloses at least one PSOG sensor is an ambient light detector and see Fig. 3C which shows emitters (i.e. at least a light-filling component) which together recite an automatic light supplement module as claimed];
wherein the physiological state detection device further comprises a biometric module disposed inside the eyeglass structure module and electrically connected to the signal control module, and the biometric module is configured as an iris recognition module, a sclera recognition module, a palmprint recognition module, or a fingerprint recognition module [see paras 732-734 of Tzvieli… see “the system configured to perform biometric authentication includes a non-wearable device comprising a camera configured to take video of the user's head.” And “the system configured to perform biometric authentication includes a fourth head-mounted sensor configured to measure a signal indicative of movements of an eye of the user (eye movements). Optionally, the computer is further configured to extract additional feature values from the eye movements, and to feed also the additional feature values into the model in order to calculate the biometric authentication score for the user.” Which discloses a biometric module that is at least a sclera recognition module];
wherein the eyeglass structure module includes an eyeglass frame [see Figs. 1A-1B element 30 and para 64 of Tzvieli … “smartglasses 29 include a front element 30”],
two eyeglass temples [see Fig. 1A elements 32, 33 and 34 and para 64 of Tzvieli … “two temples (also known as “side arms”) coupled to the front element 30. Each of the temples includes the following: (i) a first portion 32, coupled to the front element 30, comprising first electronic components (35, 36), (ii) a second portion 33, coupled to the first portion 32, comprising electric wires 37, and (iii) a third portion 34, coupled to the second portion 33”] connected to the eyeglass frame, and two eyeglass lenses [see Fig. 1A element 31 and para 64 of Tzvieli … “support lenses 31”] held by the eyeglass frame [see Figs. 1A-1B of Tzvieli];
wherein the signal control module, the wireless transmission module, the power supply module and the electrical connector module are disposed inside at least one of the two eyeglass temples of the eyeglass structure module [see Figs. 1A-1B elements 35-38 and para 64-65… “Each of the temples includes the following: (i) a first portion 32, coupled to the front element 30, comprising first electronic components (35, 36), (ii) a second portion 33, coupled to the first portion 32, comprising electric wires 37, and (iii) a third portion 34, coupled to the second portion 33, comprising second electronic components 38.” And “The first portion 32 and the third portion 34 include rigid electronic components (35, 36, 38) that are not designed to be bent (e.g., by an optician) to fit the smartglasses 29 to the wearer, while the second portion 33 includes flexible electric wires 37” electronic components and wires are understood to refer to include the elements such as signal control module, the wireless transmission module, the power supply module and the electrical connector module];
wherein the image capturing module, the automatic light supplement module and the biometric module are disposed inside the eyeglass frame of the eyeglass structure module [see Fig. 3A-3C which show element 237 and 228 (i.e. image capturing module and biometric module) on the glasses];
wherein the number of the eye images obtained by the image capturing module within the predetermined period exceeds a predetermined value, thereby obtaining blood flow changes or spectral changes in capillaries of the user's scleras or eyelids [see rejection to claim 1 above which discloses how Tzviele as modified by Devani is able to determine capillary vasculature which is understood to include blood flow and spectral changes];
wherein the image capturing module includes a first left image capturing group and a first right image capturing group corresponding to the first left image capturing group, and the first left image capturing group and the first right image capturing group are respectively disposed on a left side and a right side of a left frame of the eyeglass frame [see labelled figure directly below rejection to this claim];
wherein the image capturing module includes a first upper image capturing group and a first lower image capturing group corresponding to the first upper image capturing group, and the first upper image capturing group and the first lower image capturing group are respectively disposed on an upper side and a lower side of the left frame of the eyeglass frame [see labelled figure directly below rejection to this claim];
wherein the image capturing module includes a second left image capturing group and a second right image capturing group corresponding to the second left image capturing group, and the second left image capturing group and the second right image capturing group are respectively disposed on a left side and a right side of a right frame of the eyeglass frame [see labelled figure directly below rejection to this claim];
wherein the image capturing module includes a second upper image capturing group and a second lower image capturing group corresponding to the second upper image capturing group, and the second upper image capturing group and the second lower image capturing group are respectively disposed on an upper side and a lower side of the right frame of the eyeglass frame [see labelled figure directly below rejection to this claim];
However, Tzviele in view of Devani fails to disclose the physiological state signal as including “heart rate, blood pressure, blood oxygen, lactate, blood sugar, sleepiness and alcohol concentration”
Corso discloses in the analogous art of wearable physiological diagnostic devices [see abstract… “A computer-implemented method for deriving a physiological rank indicative of a physiological status of a user, the computer-implemented method comprising acquiring, from a sensor on a wearable device worn by a user, data including bodily parameter data related to the user,”] that known clinical relevant information includes heart rate, blood pressure, blood oxygen, analyte concentration including lactate and/or glucose (i.e. blood sugar), sleep/wake (i.e. sleepiness) and alcohol concentration [see para 67… “The other sensor information may include clinically relevant information. The other sensor information may include one or more of body temperature information obtained from a temperature sensor, heart rate information obtained from a heart rate sensor, blood oxygen saturation information obtained from a blood oxygen saturation sensor, respiratory rate information obtained from a respiratory rate sensor, hydration information obtained from a hydration sensor, accelerometer and motion information obtained from an accelerometer or a motion sensor, heart rate variability information obtained from a heart rate sensor, alcohol concentration, sleep/wake information obtained from a sleep sensor, blood pressure information obtained from a blood pressure sensor, analyte concentration information (wherein the analyte may be a metabolic fuel such as glucose, lactate, or ethanol) obtained from an analyte concentration sensor, and climate information obtained from a climate sensor (e.g., a thermometer).”]
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Tzviele in view of Devani to include sensors and to collect similar additional physiological data as this will provide additional clinical relevant information, thereby leading to the expectation of improved accuracy of a user’s state in the device.
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Regarding claim 9:
Tzvieli in view of Devani discloses the invention substantially as claimed including all the limitations of claim 1 as outlined above. Additionally, Tzvieli in view of Devani discloses:
wherein the physiological state detection device further comprises an electrical connector module disposed inside the eyeglass structure module and electrically connected to the signal control module [see para 114-115 of Tzvieli … “Various embodiments described herein involve a head-mounted system (HMS) that may be connected, using wires and/or wirelessly, with a device carried by the user and/or a non-wearable device. The HMS may include a battery, a computer, sensors, and a transceiver. FIG. 34A and FIG. 34B are schematic illustrations of possible embodiments for computers (400, 410) that are able to realize one or more of the embodiments discussed herein that include a “computer”. The computer (400, 410) may be implemented in various ways, such as, but not limited to, a microcontroller, a computer on a chip, a system-on-chip (SoC), a system-on-module (SoM), a processor with its required peripherals, a server computer, and/or any other computer form capable of executing a set of computer instructions.”];
wherein, when the electrical connector module is optionally configured to be used, the electrical connector module is allowed to be configured through the signal control module to communicate with an external system in a wired manner; [this limitation is optional and not required, see 112 section above];
wherein the physiological state detection device further comprises an automatic light supplement module disposed inside the eyeglass structure module and electrically connected to the signal control module, and the automatic light supplement module includes an ambient light detector and a light-filling component [see Figs. 3A-3C and para 157… “the computer 240 utilizes at least one of photosensitive sensors utilized by the PSOG 235 to detect a flickering timing of ambient light” which discloses at least one PSOG sensor is an ambient light detector and see Fig. 3C which shows emitters (i.e. at least a light-filling component) which together recite an automatic light supplement module as claimed];
wherein, when the ambient light detector is optionally configured to be used, the ambient light detector is allowed to be configured through the signal control module to detect an ambient light around the user, thereby obtaining ambient light information [this limitation is optional and not required, see 112 section above];
wherein, when the light-filling component is optionally configured to be used, the light-filling component is allowed to be configured through the signal control module to determine whether to provide a predetermined invisible light to the user based on whether the ambient light information meets a predetermined requirement [this limitation is optional and not required, see 112 section above];
wherein the physiological state detection device further comprises a biometric module disposed inside the eyeglass structure module and electrically connected to the signal control module, and the biometric module is configured as an iris recognition module, a sclera recognition module, a palmprint recognition module, or a fingerprint recognition module and wherein, when the biometric module is configured as the iris recognition module or the sclera recognition module, the iris recognition module or the sclera recognition module is allowed to be configured through the signal control module to capture at least one iris image or sclera image of the user, thereby identifying whether the user is qualified to use the physiological state detection device [see paras 732-734 of Tzvieli… see “the system configured to perform biometric authentication includes a non-wearable device comprising a camera configured to take video of the user's head.” And “the system configured to perform biometric authentication includes a fourth head-mounted sensor configured to measure a signal indicative of movements of an eye of the user (eye movements). Optionally, the computer is further configured to extract additional feature values from the eye movements, and to feed also the additional feature values into the model in order to calculate the biometric authentication score for the user.” Which discloses a biometric module that is at least a sclera recognition module and which further discloses a biometric module that determines movement of the eye which is at least a sclera recognition module that authorizes a user];
wherein, when the biometric module is configured as the fingerprint recognition module or the palmprint recognition module, the fingerprint recognition module or the palmprint recognition module is allowed to be configured through the signal control module to capture at least one fingerprint image or palmprint image of the user, thereby identifying whether the user is qualified to use the physiological state detection device [this limitation is optional and not required, see 112 section above];
wherein the eyeglass structure module includes an eyeglass frame [see Figs. 1A-1B element 30 and para 64 of Tzvieli … “smartglasses 29 include a front element 30”], two eyeglass temples [see Fig. 1A elements 32, 33 and 34 and para 64 of Tzvieli … “two temples (also known as “side arms”) coupled to the front element 30. Each of the temples includes the following: (i) a first portion 32, coupled to the front element 30, comprising first electronic components (35, 36), (ii) a second portion 33, coupled to the first portion 32, comprising electric wires 37, and (iii) a third portion 34, coupled to the second portion 33”] connected to the eyeglass frame, and two eyeglass lenses [see Fig. 1A element 31 and para 64 of Tzvieli … “support lenses 31”] held by the eyeglass frame [see Figs. 1A-1B of Tzvieli];
wherein the signal control module and the electrical connector module are disposed inside at least one of the two eyeglass temples of the eyeglass structure module [see Figs. 1A-1B elements 35-38 and para 64-65… “Each of the temples includes the following: (i) a first portion 32, coupled to the front element 30, comprising first electronic components (35, 36), (ii) a second portion 33, coupled to the first portion 32, comprising electric wires 37, and (iii) a third portion 34, coupled to the second portion 33, comprising second electronic components 38.” And “The first portion 32 and the third portion 34 include rigid electronic components (35, 36, 38) that are not designed to be bent (e.g., by an optician) to fit the smartglasses 29 to the wearer, while the second portion 33 includes flexible electric wires 37” electronic components and wires are understood to refer to include the elements such as signal control module, the wireless transmission module, the power supply module and the electrical connector module];
wherein the image capturing module, the automatic light supplement module and the biometric module are disposed inside the eyeglass frame of the eyeglass structure module [see Fig. 3A-3C which show element 237 and 228 (i.e. image capturing module and biometric module) on the glasses];
wherein the information providing module is disposed inside at least one of the eyeglass frame, the eyeglass temple and the eyeglass lens of the eyeglass structure module [see para 137… “The one or more emitting components of the VOG and/or PSOG systems (e.g., LEDs, lasers) may be coupled to the head-mounted system at various positions suitable to emit light to the wearer's eyes, such as: emitters embedded in a head-mounted frame, emitters embedded in the smartglasses' temples, emitters embedded in a display (e.g., a microLED display with IR emitters located in front of the eye”];;
wherein the number of the eye images obtained by the image capturing module within the predetermined period exceeds a predetermined value, thereby obtaining blood flow changes or spectral changes in capillaries of the user's scleras or eyelids [see rejection to claim 1 above which discloses how Tzviele as modified by Devani is able to determine capillary vasculature which is understood to include capability to determine blood flow and spectral changes as claimed];
wherein the image capturing module includes a first left image capturing group and a first right image capturing group corresponding to the first left image capturing group, and the first left image capturing group and the first right image capturing group are respectively disposed on a left side and a right side of a left frame of the eyeglass frame [see labelled figure directly below rejection to this claim];
wherein the image capturing module includes a first upper image capturing group and a first lower image capturing group corresponding to the first upper image capturing group, and the first upper image capturing group and the first lower image capturing group are respectively disposed on an upper side and a lower side of the left frame of the eyeglass frame [see labelled figure directly below rejection to this claim];
wherein the image capturing module includes a second left image capturing group and a second right image capturing group corresponding to the second left image capturing group, and the second left image capturing group and the second right image capturing group are respectively disposed on a left side and a right side of a right frame of the eyeglass frame [see labelled figure directly below rejection to this claim];
wherein the image capturing module includes a second upper image capturing group and a second lower image capturing group corresponding to the second upper image capturing group, and the second upper image capturing group and the second lower image capturing group are respectively disposed on an upper side and a lower side of the right frame of the eyeglass frame [see labelled figure directly below rejection to this claim];
wherein, when the information providing module is allowed to be configured as an information display for displaying the physiological state signal, the information display is allowed to be configured to visually present the physiological state signal;
wherein, when the information providing module is allowed to be configured as an information projector for projecting the physiological state signal to at least one eye based on eyeball position information captured by an eye tracking module, the information projector is allowed to be configured to visually present the physiological state signal [this limitation is optional and not required, see 112 section above];
wherein, when the information providing module is allowed to be configured as a sound player for playing the physiological state signal, the sound player is allowed to be configured to audibly present the physiological state signal [this limitation is optional and not required, see 112 section above];
wherein, when the information providing module is allowed to be configured as a vibration generator for generating different vibration frequencies based on changes in the physiological state signal, the vibration generator is configured to tangibly present the physiological state signal; wherein when the physiological state detection device is allowed to be configured to be electrically connected to an information processing system, the information processing system is allowed to be configured to process the eye images, thereby obtaining the physiological state signal corresponding to the eye images [this limitation is optional and not required, see 112 section above].
However, Tzviele in view of Devani fails to disclose the physiological state signal as including “heart rate, blood pressure, blood oxygen, lactate, blood sugar, sleepiness and alcohol concentration”
Corso discloses in the analogous art of wearable physiological diagnostic devices [see abstract… “A computer-implemented method for deriving a physiological rank indicative of a physiological status of a user, the computer-implemented method comprising acquiring, from a sensor on a wearable device worn by a user, data including bodily parameter data related to the user,”] that known clinical relevant information includes heart rate, blood pressure, blood oxygen, analyte concentration including lactate and/or glucose (i.e. blood sugar), sleep/wake (i.e. sleepiness) and alcohol concentration [see para 67… “The other sensor information may include clinically relevant information. The other sensor information may include one or more of body temperature information obtained from a temperature sensor, heart rate information obtained from a heart rate sensor, blood oxygen saturation information obtained from a blood oxygen saturation sensor, respiratory rate information obtained from a respiratory rate sensor, hydration information obtained from a hydration sensor, accelerometer and motion information obtained from an accelerometer or a motion sensor, heart rate variability information obtained from a heart rate sensor, alcohol concentration, sleep/wake information obtained from a sleep sensor, blood pressure information obtained from a blood pressure sensor, analyte concentration information (wherein the analyte may be a metabolic fuel such as glucose, lactate, or ethanol) obtained from an analyte concentration sensor, and climate information obtained from a climate sensor (e.g., a thermometer).”]
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to modify Tzviele in view of Devani to include sensors and to collect similar additional physiological data as this will provide additional clinical relevant information, thereby leading to the expectation of improved accuracy of a user’s state in the device.
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Conclusion
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SEBASTIAN X LUKJAN
/SXL/Examiner, Art Unit 3792
/NIKETA PATEL/Supervisory Patent Examiner, Art Unit 3792
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