DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 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 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Taylor (US 6419630 B1) in view of Harary (US 20160252901 A1) and further in view of Batta (US 20240221546 A1).
Claim 1. Taylor teaches a remote-control device (Fig. 1), comprising:
at least one input control
(Col 4 lines 10-20 The remote control 12 has a plurality of television control buttons 26... actuation of each of the vital sign buttons 30 transmits vital sign information to the television 14.);
at least one health data sensor
(Col 4 lines 25-35 (6) The television 14 has a screen 40 for displaying the vital signs information collected by the sensors 16 when a user holds the remote control 12.);
at least one transmitter for transmitting signals to a receiving device
(Col 4 lines 1-10 that the transceiver 18 is operationally coupled to the sensors 16 whereby the first transceiver 18 is for transmitting vital sign information collected by the sensors 16.).
Taylor further discloses the process of receiving input from a user via the at least one input control
Col 4 lines 10-20 The remote control 12 has a plurality of television control buttons 26... actuation of each of the vital sign buttons 30 transmits vital sign information to the television 14.);
transmit, via the transmitter, one or more signals to control the receiving device based on the received input
Col 4 lines 10-20 The remote control 12 has a plurality of television control buttons 26... actuation of each of the vital sign buttons 30 transmits vital sign information to the television 14.);
receive, via the at least one health data sensor, health data regarding a user operating the remote-control device
(Col 4 lines 10-15 The remote control 12 has a plurality of vital sign buttons 30 each is operationally coupled between at least one of the sensors 16 and the first transceiver 18 such that actuation of each of the vital sign buttons 30 transmits vital sign information to the television 14.);
and further discloses the process of an alert assembly to notify a user of a certain medical requirement (Col 4 lines 35-45)but does not specifically disclose at least one processor and at least one memory coupled to the at least one processor, the memory having computer- executable instructions stored thereon that, when executed by the at least one processor, cause the remote-control device to: determine whether the user is in need of assistance based on the health data; and based on a determination that the user is in need of assistance, transmit an indication that the user is in need of assistance to a computing device.
However, Harary teaches at least one processor and at least one memory coupled to the at least one processor, the memory having computer- executable instructions stored thereon that, when executed by the at least one processor
([0031] The processor 127 is linked to memory 125 as indicated and controls operation of the other elements of the smart phone remote control unit 12.)
, cause the remote-control device to: determine whether the user is in need of assistance based on the health data;
([0044] at step S700 (See FIG. 7), for example, a heartbeat or pulse of the user may be monitored by the remote control unit 12... At step S702, a determination is made if the user heartbeat or pulse drops below a lower threshold level or rises above an upper threshold level. If so, the user is asked whether medical attention is necessary at step S704.)
and based on a determination that the user is in need of assistance
([0044] If so, or if a predetermined period of time passes without a response (more than two minutes, for example) the remote control unit 12 contacts medical assistance by telephone, either directly or via a control unit 10, in the home, car or office at step S706. ).
generate one or more signals indicating that the user is in need of assistance
([0044] the remote control unit 12 contacts medical assistance by telephone, either directly or via a control unit 10, in the home
[0047] As noted above, in an embodiment, a remote control unit 12 may be used to provide instructions to the control device 10, for example, to control the devices D. While not explicitly shown in FIG. 8, the remote control unit 12 may also be used to provide instructions or other information to the control device 10 in the embodiment of FIG. 8. In addition, as noted above, the remote control unit 12 may be a smart phone or other mobile device, if desired.).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to the remote-control device to determine whether the user is in need of assistance based on the health data; and based on a determination that the user is in need of assistance, generate one or more signals indicating that the user is in need of assistance as taught by Harary within the system of Taylor for the purpose of enhancing the remote control device to automatically take action related to a medical event when the user is non-responsive.
Taylor and Harary further discloses the use of computer networks that is used for communication and further states that any communication other suitable wireless communication system can be used (Harary [0014] [0029]) but does not specifically disclose the remote control device to cause the one or more signals indicating that the user is in need of assistance to be transmitted directly to a computing device via a wireless network by using the Matter smart home protocol.
However, Batta teaches cause the one or more signals indicating that the user is in need of assistance to be transmitted directly to a computing device via a wireless network by using the Matter smart home protocol
([0007[0030][0031]Matter protocol compatible WiFi and/or Bluetooth Microcontroller Unit, enable the present invention to monitor and communicate with plethora of smart home & communication enabled devices, gaining the ability…) or abnormal heart rhythm(s), receding blood oxygen levels from devices such as fitness tracker(s), to provide a few descriptive example(s) (b) to act on the detected and/or received information of an emergency, by getting emergency assistance).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use Matter smart home protocol as taught by Batta within the system of Taylor and Harary for the purpose of enhancing the system to use a faster and unified communication protocol that is interoperable with existing networked devices.
Claim 5. Taylor, Harary and Batta teach the remote-control device of claim 1, wherein the remote-control device further comprises one or more emergency input controls, and wherein the computer-executable instructions further cause the remote-control device to: detect that the one or more emergency input controls have been pressed; and in response to detecting that the one or more emergency input controls have been pressed, transmit an indication that the user of the remote-control device requires emergency assistance
(Harary [0044] If so, or if a predetermined period of time passes without a response(more than two minutes, for example) the remote control unit 12 contacts medical assistance by telephone, either directly or via a control unit 10, in the home, car or office at step S706.).
Claim(s) 8-12, 11-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Taylor in view of Cheung Hyen (US 20220054088 A1, “Hyen”) and further in view of Batta.
Claim 8. Taylor teaches a set-top box (Fig 1 item 14 and Fig. 4), comprising:
at least one processor ( a processing unit 24); and
at least one memory coupled to the at least one processor, the memory having computer- executable instructions stored thereon that, when executed by the at least one processor, cause the set-top box to:
receive data from a remote-control device, the received data including health data regarding a user operating the remote-control device
(Col 4 lines 10-20 The remote control 12 has a plurality of television control buttons 26... actuation of each of the vital sign buttons 30 transmits vital sign information to the television 14.).
Taylor further discloses the process of receiving input from a user via the at least one input control
Col 4 lines 10-20 The remote control 12 has a plurality of television control buttons 26... actuation of each of the vital sign buttons 30 transmits vital sign information to the television 14.); and further discloses the process of generating messages for the user but does not specifically disclose determine whether the user is in need of assistance based on the health data; and based on a determination that the user is in need of assistance, transmit an indication that the user is in need of assistance to a computing device.
However, Hyen teaches a set-top box which determine whether the user is in need of assistance based on the health data; and based on a determination that the user is in need of assistance, cause one or more signals indicating that the user is need of assistance to be generated
([0014] the data may be subjected to an initial evaluation locally within ...within STB 104 in order to ascertain the presence and if present, the severity of any out-of-range,...from repeating a test, through displaying a warning message on or by TV 102, to reporting an emergency situation to monitoring center 110.
[0024] If a received message from a biometric sensor equipped device is determined to comprise valid data, at step 612 it is next determined if the message comprises a signal that an emergency alert (“panic button”), e.g. key 404 of exemplary controlling device 100, has been activated by a user. If so, at step 630 an alarm may immediately be raised at monitoring service center 110.
[0027] In the exemplary method illustrated, in order to prevent false alarms such an out of range value may trigger an immediate request to the biometric measuring device to repeat the measurement as illustrated at step 628. If the second measurement remains out of range, a major alarm may be raised at the monitoring service center as illustrated at steps 626 and 630.).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use a set-top box as taught by Hyen within the system of Taylor for the purpose of enhancing the system to determine an emergency condition and report the emergency to a centralized monitoring center.
Taylor and Hyen further discloses the use of computer networks that is used for communication (Hyen [0014]) but does not specifically disclose cause the remote-control device to transmit the one or more signals indicating that the user is in need of assistance to a computing device via a wireless network by using an Internet of things protocol.
However, Batta teaches cause the remote-control device to transmit the one or more signals indicating that the user is in need of assistance to a computing device via a wireless network by using an Internet of things protocol
([0007[0030][0031]Matter protocol compatible WiFi and/or Bluetooth Microcontroller Unit, enable the present invention to monitor and communicate with plethora of smart home & communication enabled devices, gaining the ability…) or abnormal heart rhythm(s), receding blood oxygen levels from devices such as fitness tracker(s), to provide a few descriptive example(s) (b) to act on the detected and/or received information of an emergency, by getting emergency assistance).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use Matter smart home protocol as taught by Batta within the system of Taylor and Harary for the purpose of enhancing the system to use a faster and unified communication protocol that is interoperable with existing networked devices.
Claim 9. Taylor, Hyen and Batta teach the set-top box of claim 8, wherein the computer-executable instructions further cause the set-top box to:
identify a user based on a user profile that is currently logged in to the set-top box;
(Hyen [0024 ]In such embodiments multiple users of a single device or single reporting channel may be identified via the use of biometric measurements, individualized devices, explicit user input to identify each individual user, etc. In this regard see for example U.S. Pat. Nos. 6,906,696, 7,236,156 or 7,266,701 all of which are incorporated herein by reference in their entirety.).
receive an indication of a threshold measure of vital signs based on the identity of the user
([0027] In the exemplary method illustrated, in order to prevent false alarms such an out of range value may trigger an immediate request to the biometric measuring device to repeat the measurement as illustrated at step 628. If the second measurement remains out of range, a major alarm may be raised at the monitoring service center as illustrated at steps 626 and 630.);
and determine whether the user is in need of assistance based on the health data and the threshold measure of vital signs
([0027] In the exemplary method illustrated, in order to prevent false alarms such an out of range value may trigger an immediate request to the biometric measuring device to repeat the measurement as illustrated at step 628. If the second measurement remains out of range, a major alarm may be raised at the monitoring service center as illustrated at steps 626 and 630.).
Claim 10. Taylor, Hyen and Batta teach the set-top box of claim 8, wherein the computer-executable instructions further cause the set-top box to:
receive biometric identity data from the remote-control device
(Hyen [[0024] In such embodiments multiple users of a single device or single reporting channel may be identified via the use of biometric measurements, individualized devices, explicit user input to identify each individual user, etc. In this regard see for example U.S. Pat. Nos. 6,906,696, 7,236,156 or 7,266,701 all of which are incorporated herein by reference in their entirety.);
determine an identity of the user based on the biometric identity data
(Hyen [0024 ]In such embodiments multiple users of a single device or single reporting channel may be identified via the use of biometric measurements, individualized devices, explicit user input to identify each individual user, etc. In this regard see for example U.S. Pat. Nos. 6,906,696, 7,236,156 or 7,266,701 all of which are incorporated herein by reference in their entirety.);
receive an indication of a threshold measure of vital signs based on the identity of the user
(Hyen [0027] In the exemplary method illustrated, in order to prevent false alarms such an out of range value may trigger an immediate request to the biometric measuring device to repeat the measurement as illustrated at step 628. If the second measurement remains out of range, a major alarm may be raised at the monitoring service center as illustrated at steps 626 and 630.);
And determine whether the user is in need of assistance based on the health data and the threshold measure of vital signs
(Hyen [0027] In the exemplary method illustrated, in order to prevent false alarms such an out of range value may trigger an immediate request to the biometric measuring device to repeat the measurement as illustrated at step 628. If the second measurement remains out of range, a major alarm may be raised at the monitoring service center as illustrated at steps 626 and 630.).
Claim 11. Taylor, Hyen and Batta teach the set-top box of claim 8, wherein the computer-executable instructions further cause the set-top box to:
receive an indication of a device that is to be controlled by the remote-control device
(Hyen [0015] Controlling device 100 may further include means 214 to detect that device 100 has been picked up and/or is being held by a user, for example a capacitance sensor, tilt switch, accelerometer, etc., and, in accordance with the subject system, various biometric sensors 224a, 224b, 224c capable of measuring,);
and configure the set-top box to control the device in response to a device control signal received from the remote-control device
(Hyen [0020] At step 500 a biometric data capture routine within the controlling device 100 operating program may be activated by one or more of a user picking up the controlling device, i.e., in response to an input from handling detection means 214; by user activation of an element of key matrix 220 either in the normal course of commanding the operation a controlled appliance or via a key 304 provided specifically for that purpose; by expiry of a timer; by receipt of a communication from a health monitoring application installed in or communicating through a target appliance, e.g., STB 104; etc.,).
Claim 12. Taylor, Hyen and Batta teach the set-top box of claim 8, wherein the computer-executable instructions further cause the set-top box to:
receive an indication of an emergency signal from the remote-control device
(Hyen [0024] If a received message from a biometric sensor equipped device is determined to comprise valid data, at step 612 it is next determined if the message comprises a signal that an emergency alert (“panic button”), e.g. key 404 of exemplary controlling device 100, has been activated by a user. )
; and in response to receiving the indication of the emergency signal, transmit an indication that the user of the remote-control device requires emergency assistance
(Hyen [0024] If so, at step 630 an alarm may immediately be raised at monitoring service center 110.).
Claim 14. Taylor teaches a non-transitory processor-readable storage medium that stores at least one of instructions or data, the instructions or data, when executed by at least one processor, cause the at least one processor to perform a method comprising:
receiving, via at least one health data sensor, health data regarding a user operating the remote-control device
(Col 4 lines 10-20 The remote control 12 has a plurality of television control buttons 26... actuation of each of the vital sign buttons 30 transmits vital sign information to the television 14.);
Taylor further discloses the process of receiving input from a user via the at least one input control
(Col 4 lines 10-20 The remote control 12 has a plurality of television control buttons 26... actuation of each of the vital sign buttons 30 transmits vital sign information to the television 14.); and further discloses the process of generating messages for the user but does not specifically disclose
determining whether the user is in need of assistance based on the health data; and
based on a determination that the user is in need of assistance, causing one or more signals indicating that the user is in need of assistance to be generated.
However, Hyen teaches a set-top box which determine whether the user is in need of assistance based on the health data; and based on a determination that the user is in need of assistance, causing one or more signals indicating that the user is in need of assistance to be generated
([0014] the data may be subjected to an initial evaluation locally within ...within STB 104 in order to ascertain the presence and if present, the severity of any out-of-range,...from repeating a test, through displaying a warning message on or by TV 102, to reporting an emergency situation to monitoring center 110.
[0024] If a received message from a biometric sensor equipped device is determined to comprise valid data, at step 612 it is next determined if the message comprises a signal that an emergency alert (“panic button”), e.g. key 404 of exemplary controlling device 100, has been activated by a user. If so, at step 630 an alarm may immediately be raised at monitoring service center 110.
[0027] In the exemplary method illustrated, in order to prevent false alarms such an out of range value may trigger an immediate request to the biometric measuring device to repeat the measurement as illustrated at step 628. If the second measurement remains out of range, a major alarm may be raised at the monitoring service center as illustrated at steps 626 and 630.).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use a set-top box as taught by Hyen within the system of Taylor for the purpose of enhancing the system to determine an emergency condition and report the emergency to a centralized monitoring center.
Taylor and Hyen further discloses the use of computer networks that is used for communication (Hyen [0014]) but does not specifically disclose causing the remote-control device to transmit the one or more signals indicating that the user is in need of assistance to a computing device via a wireless network by using a smart home protocol.
However, Batta teaches using the remote-control device to transmit the one or more signals indicating that the user is in need of assistance to a computing device via a wireless network by using a smart home protocol
([0007[0030][0031]Matter protocol compatible WiFi and/or Bluetooth Microcontroller Unit, enable the present invention to monitor and communicate with plethora of smart home & communication enabled devices, gaining the ability…) or abnormal heart rhythm(s), receding blood oxygen levels from devices such as fitness tracker(s), to provide a few descriptive example(s) (b) to act on the detected and/or received information of an emergency, by getting emergency assistance).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use Matter smart home protocol as taught by Batta within the system of Taylor and Harary for the purpose of enhancing the system to use a faster and unified communication protocol that is interoperable with existing networked devices.
Claim 15. Taylor, Hyen and Batta teach the non-transitory processor-readable storage medium of claim 14, wherein the method further comprises:
receiving an indication of an identity of the user
(Hyen [[0024] In such embodiments multiple users of a single device or single reporting channel may be identified via the use of biometric measurements, individualized devices, explicit user input to identify each individual user, etc. In this regard see for example U.S. Pat. Nos. 6,906,696, 7,236,156 or 7,266,701 all of which are incorporated herein by reference in their entirety.);
receiving an indication of a threshold measure of vital signs based on the identity of the user
(Hyen [0027] In the exemplary method illustrated, in order to prevent false alarms such an out of range value may trigger an immediate request to the biometric measuring device to repeat the measurement as illustrated at step 628. If the second measurement remains out of range, a major alarm may be raised at the monitoring service center as illustrated at steps 626 and 630.);
and determine whether the user is in need of assistance based on the health data and the threshold measure of vital signs
(Hyen [0027] In the exemplary method illustrated, in order to prevent false alarms such an out of range value may trigger an immediate request to the biometric measuring device to repeat the measurement as illustrated at step 628. If the second measurement remains out of range, a major alarm may be raised at the monitoring service center as illustrated at steps 626 and 630.).
Claim 16. Taylor, Hyen and Batta teach the non-transitory processor-readable medium of claim 14, wherein method further comprises:
determine an identity of the user based on data received from a biometric identification sensor
(Hyen [[0024] In such embodiments multiple users of a single device or single reporting channel may be identified via the use of biometric measurements, individualized devices, explicit user input to identify each individual user, etc. In this regard see for example U.S. Pat. Nos. 6,906,696, 7,236,156 or 7,266,701 all of which are incorporated herein by reference in their entirety.);
receive an indication of a threshold measure of vital signs based on the identity of the user
(Hyen [0027] In the exemplary method illustrated, in order to prevent false alarms such an out of range value may trigger an immediate request to the biometric measuring device to repeat the measurement as illustrated at step 628. If the second measurement remains out of range, a major alarm may be raised at the monitoring service center as illustrated at steps 626 and 630.)
; and determine whether the user is in need of assistance based on the health data and the threshold measure of vital signs
(Hyen [0027] In the exemplary method illustrated, in order to prevent false alarms such an out of range value may trigger an immediate request to the biometric measuring device to repeat the measurement as illustrated at step 628. If the second measurement remains out of range, a major alarm may be raised at the monitoring service center as illustrated at steps 626 and 630.).
Claim 17. Taylor, Hyen and Batta teach the non-transitory processor-readable medium of claim 14, wherein method further comprises:
receive an indication of a device that is to be controlled by a remote-control device
(Hyen [0015] Controlling device 100 may further include means 214 to detect that device 100 has been picked up and/or is being held by a user, for example a capacitance sensor, tilt switch, accelerometer, etc., and, in accordance with the subject system, various biometric sensors 224a, 224b, 224c capable of measuring,);
and configure the remote-control device to control the device
(Hyen [0020] At step 500 a biometric data capture routine within the controlling device 100 operating program may be activated by one or more of a user picking up the controlling device, i.e., in response to an input from handling detection means 214; by user activation of an element of key matrix 220 either in the normal course of commanding the operation a controlled appliance or via a key 304 provided specifically for that purpose; by expiry of a timer; by receipt of a communication from a health monitoring application installed in or communicating through a target appliance, e.g., STB 104; etc.,).
Claim 18. Taylor, Hyen and Batta teach the non-transitory processor-readable medium of claim 14, wherein method further comprises:
receive a signal indicating that the user is experiencing an emergency
(Hyen [0024] If a received message from a biometric sensor equipped device is determined to comprise valid data, at step 612 it is next determined if the message comprises a signal that an emergency alert (“panic button”), e.g. key 404 of exemplary controlling device 100, has been activated by a user. );
and an response to detecting that the user is experiencing an emergency, transmit an indication that the user requires emergency assistance
(Hyen [0024] If so, at step 630 an alarm may immediately be raised at monitoring service center 110.).
Claim 20. Taylor, Hyen and Batta teach the non-transitory processor-readable medium of claim 14, wherein method further comprises: receiving movement data from one or more movement sensors
(Hyen [0015] Controlling device 100 may further include means 214 to detect that device 100 has been picked up and/or is being held by a user, for example a capacitance sensor, tilt switch, accelerometer, etc., and, in accordance with the subject system, various biometric sensors 224a, 224b, 224c capable of measuring,);
detecting that a remote-control device is being handled by a user based on the movement data; and
in response to detecting that the remote-control device is being handled by the user, activate the at least one health data sensor
(Hyen [0020] At step 500 a biometric data capture routine within the controlling device 100 operating program may be activated by one or more of a user picking up the controlling device, i.e., in response to an input from handling detection means 214; ).
Claim(s) 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Taylor, Harary, Batta and further in view of Miller (US 20200043594 A1).
Claim 2. Taylor, Harary and Batta teach the remote-control device of claim 1, and further discloses the use of biometric monitoring ([0044] biometric monitoring features)
and determine whether the user is in need of assistance based on the health data and the threshold measure of vital signs
(Harary [0044] If so, or if a predetermined period of time passes without a response (more than two minutes, for example) the remote control unit 12 contacts medical assistance by telephone, either directly or via a control unit 10, in the home, car or office at step S706. ).
but does not specifically disclose wherein the computer-executable instructions further cause the remote-control device to:
receive an indication of an identity of the user from a set-top box associated with the remote- control device; receive an indication of a threshold measure of vital signs based on the identity of the user.
However, Miller teaches receiving an indication of an identity of the user from a set-top box associated with the remote-control device
([0031][0032] a method is initiated at block 402, where the system detects the identity of user with a biometric sensor.);
receive an indication of a threshold measure of vital signs based on the identity of the user
([0028] For example, a biometric sensor may detect the heart rate, galvanic skin response (GSR), and fingerprint of the user and detect anomalies in the heart rate.).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use the identity and threshold measure of vital signs based on the identity of the user as taught by Miller within the system of Taylor for the purpose of tracking specific users and their health while performing a leisure activity.
Claim 3. Taylor, Harary and Batta teach the remote-control device of claim 1, wherein the remote-control device further comprises a biometric identification sensor, and wherein the computer-executable instructions further cause the remote-control device to:
and further discloses the use of biometric monitoring ([0044] biometric monitoring features)
and determine whether the user is in need of assistance based on the health data and the threshold measure of vital signs
(Harary [0044] If so, or if a predetermined period of time passes without a response (more than two minutes, for example) the remote control unit 12 contacts medical assistance by telephone, either directly or via a control unit 10, in the home, car or office at step S706. )but does not specifically disclose determine an identity of the user based on data received from the biometric identification sensor; and receive an indication of a threshold measure of vital signs based on the identity of the user
However, Miller teaches determine an identity of the user based on data received from the biometric identification sensor
([0031][0032] a method is initiated at block 402, where the system detects the identity of user with a biometric sensor.);
receive an indication of a threshold measure of vital signs based on the identity of the user
([0028] For example, a biometric sensor may detect the heart rate, galvanic skin response (GSR), and fingerprint of the user and detect anomalies in the heart rate.).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use the identity and threshold measure of vital signs based on the identity of the user as taught by Miller within the system of Taylor for the purpose of tracking specific users and their health while performing a leisure activity.
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Taylor, Harary, Batta and further in view of Hayes (US 6225938 B1).
Claim 4. Taylor, Harary and Batta teach the remote-control device of claim 1, and further discloses a plurality of buttons on the remote device but does not specifically disclose wherein the remote-control device further comprises one or more programmable input controls, and wherein the computer-executable instructions further cause the remote-control device to:
receive an indication of a device that is to be controlled by the one or more programmable input controls; and
configure the remote-control device to control the device when user input is received via the one or more programmable input controls.
However, Hayes teaches wherein the remote-control device further comprises one or more programmable input controls, and wherein the computer-executable instructions further cause the remote-control device to: receive an indication of a device that is to be controlled by the one or more programmable input controls; and configure the remote-control device to control the device when user input is received via the one or more programmable input controls
(Col 2 lines 30-67 e.g. n the preferred embodiment, the user initiates this state by pressing and holding a "setup" button for three seconds until the visible LED on the remote control 12 blinks twice, as shown in the flow chart of FIG. 6. ).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use programmable input controls and configure the remote-control device to control the device as taught by Hayes within the system of Taylor for the purpose of enhancing the remote device with the ability to add newer consumer devices.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Taylor, Harary, Batta and further in view of Kumar (US 20090146779 A1).
Claim 6. Taylor, Harary and Batta teach the remote-control device of claim 1, and further discloses the process of the user’s presence via remote control unit 12 (Harary [0035]) but does not specifically disclose wherein the remote-control device further comprises a biometric identification sensor, and wherein the computer-executable instructions further cause the remote-control device to: determine an identity of the user based on data received from the biometric identification sensor; and cause a set-top box to access a profile associated with the identified user by transmitting a signal to the set-top box that the identified user is using the remote-control device.
However Kumar teaches determine an identity of the user based on data received from the biometric identification sensor; and cause a set-top box to access a profile associated with the identified user by transmitting a signal to the set-top box that the identified user is using the remote-control device.
[0016][0017][0020][0021] In the context of the present disclosure, a biometric authentication system or authentication input system (AIS) is a system that provides secure authentication of a person's identity using biometric input from the person. The authentication information may be utilized for accessing user profile information (including viewing preferences), restricted media content, and/or remote control button configuration settings.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use biometric identification sensor as taught by Kumar within the system of Taylor for the purpose of enhancing the system to customize features and present entertainment relevant to the user.
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Taylor, Harary, Batta and further in view of Cheung Hyen (herein now referred as Hyen)..
Claim 7. Taylor, Harary and Batta teach the remote-control device of claim 1, and discloses sensing health of a user but does not specifically disclose wherein the remote-control device further comprises one or more movement sensors, and wherein the computer-executable instructions further cause the remote-control device to: receive movement data from the one or more movement sensors; and detect that the remote-control device is being handled by a user based on the movement data; and
in response to detecting that the remote-control device is being handled by the user, activate the at least one health data sensor
However, Hyen teaches the remote-control device to: receive movement data from the one or more movement sensors
([0015] Controlling device 100 may further include means 214 to detect that device 100 has been picked up and/or is being held by a user, for example a capacitance sensor, tilt switch, accelerometer, etc., and, in accordance with the subject system, various biometric sensors 224a, 224b, 224c capable of measuring,);
detect that the remote-control device is being handled by a user based on the movement data; and
in response to detecting that the remote-control device is being handled by the user, activate the at least one health data sensor
([0020] At step 500 a biometric data capture routine within the controlling device 100 operating program may be activated by one or more of a user picking up the controlling device, i.e., in response to an input from handling detection means 214; ).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use the remote control device with movement data and activation of the at least one health data sensor as taught by Hyen within the system of Taylor for the purpose of enhancing the remote-control device to operate the health data sensor based on motion in an effort converse battery energy.
Claim(s) 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Taylor, Harary, Batta and further in view of Kumar.
Claim 13. Taylor, Harary and Batta teach the set-top box of claim 8, and further discloses the process of the user’s presence and identify each individual user (Hyen [0024]) but does not specifically disclose wherein the computer-executable instructions further cause the set-top box to:
receive biometric identity data from the remote-control device;
determine an identity of the user based on the biometric identity data; and
access a profile associated with the identified user.
However Kumar teaches receive biometric identity data from the remote-control device; determine an identity of the user based on the biometric identity data; and access a profile associated with the identified user.
([0016][0017][0020][0021] In the context of the present disclosure, a biometric authentication system or authentication input system (AIS) is a system that provides secure authentication of a person's identity using biometric input from the person. The authentication information may be utilized for accessing user profile information (including viewing preferences), restricted media content, and/or remote control button configuration settings.)
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use biometric identification sensor as taught by Kumar within the system of Taylor for the purpose of enhancing the system to customize features and present entertainment relevant to the user.
Claim 19. Taylor, Harary and Batta teach the non-transitory processor-readable medium of claim 14, and further discloses the process of the user’s presence and identify each individual user (Hyen [0024]) but does not specifically disclose wherein method further comprises: determine an identity of the user based on data received from a biometric identification sensor; and cause a set-top box to access a profile associated with the identified user by transmitting a signal to a set-top box indicating the identified user.
However Kumar teaches wherein method further comprises: determine an identity of the user based on data received from a biometric identification sensor; and cause a set-top box to access a profile associated with the identified user by transmitting a signal to a set-top box indicating the identified user. ([0016][0017][0020][0021] In the context of the present disclosure, a biometric authentication system or authentication input system (AIS) is a system that provides secure authentication of a person's identity using biometric input from the person. The authentication information may be utilized for accessing user profile information (including viewing preferences), restricted media content, and/or remote control button configuration settings.)
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of invention to use biometric identification sensor as taught by Kumar within the system of Taylor for the purpose of enhancing the system to customize features and present entertainment relevant to the user.
Response to Arguments
Applicant's arguments filed 10 December 2025 have been fully considered but they are not persuasive.
For claims 1, 8 and 14, Applicant states the prior art fails to specifically teach the limitation of “cause the one or more signals indicating that the user is in need of assistance to be transmitted directly to a computing device via a wireless network by using the Matter smart home protocol.”
However, the newly found prior art of Batta provides the obviousness improvement for the matter smart home protocol. Therefore, the combination of prior art are obvious over the claimed invention.
Lastly, Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/RUFUS C POINT/Primary Examiner, Art Unit 2689