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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more. The judicial exception being an abstract idea. The claim(s) recite(s) measuring a VOC, detecting carbon dioxide, determining CO2 in an enclosed space and assessing health for a subject similar to In Re Grams, 888 F. 2d 835, 12 USPQ 2d 1824 (Fed, Cir. 1989) which was directed to measuring data and diagnosing an abnormal condition based on measurement and found to be patent ineligible. This judicial exception is not integrated into a practical application because when the claims are considered as a whole, there is no element or combination of elements in the claims that are sufficient to ensure that the claims amount to significantly more that the abstract idea itself. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims fail to recite any improvements to another technology or technical field, improvements to the functioning of the processor itself, and/or meaningful limitation beyond generally link the use of an abstract idea to a particular environment (i.e. there is not structural relationship between the abstract idea of measuring and assessment). The use of a sensors and processor is merely generic. Therefore, because there is no meaningful limitations in the claim to transform the exception into a patent eligible application such that the claim amounts to significantly more than the exception itself, the claim is rejected under 35 USC 101 as being directed to non-statutory subject matter.
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-20 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). The claim describes “determining, based on the accumulation of carbon dioxide, that a human is present within the enclosed space”. Since the human body is positively recited in the claim, non-statutory subject matter has been claimed.
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.
Claim(s) 1, 11, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (WO 2019081651) in view of DeBates (US 20190268458).
Regarding claim 1, Zhang discloses a method for creating health assessments from Volatile Organic Compound (VOC) detection, the method comprising: measuring, with a VOC sensor 21, 23 (page 10 lines 5-10, The sensors 21, 23 may be integrated in any suitable device, such as the air purification apparatus 50, the computing device 30 or a stand-alone sensor device 20, e.g. a sensor box or the like. Stand-alone sensor devices, e.g. sensor boxes, are increasingly available for home-use and may include sensors for measuring air pollutants such as volatile organic compounds (VOCs) including formaldehyde and toluene, particulates including PM2.5 as well as environmental parameters such as relative humidity and temperature), a concentration of a first VOC (page 10 lines 10-12, The processor 31 may be adapted to monitor the concentration of a particular pollutant based on the sensor data provided by the sensor 21) within an enclosed space 1 during a first time period (page 9 lines 21-23, The computing device 30 is arranged to communicate with one or more sensors 21, 23 for sensing levels of an unfavorable matter of interest in the atmosphere within the enclosed space 1 in which the air purification apparatus 50 is placed); detecting an accumulation of carbon dioxide within the enclosed space during the first time period (page 9 lines 30-31, The first unfavorable matter sensor 21 is a carbon dioxide sensor to monitor CO2 levels within the enclosed space 1); determining, based on the accumulation of carbon dioxide, that a human is present within the enclosed space (page 16 lines 16-22, The processor 31 may be adapted to estimate the natural rate of ventilation Q based on changes in the CO2 concentration within the enclosed space 1 housing the air purification apparatus 50 when one or more persons are present in the air-filled space and the air purification apparatus 50 is switched off. Specifically, as such persons exhale CO2, the level of CO2 within the air-filled space should increase in accordance with the number of people within the air-filled space and its volume. Examiners Broadest reasonable interpretation sees that as the CO2 sensor detects an increase in CO2 in the space, it can be determined that there is an increase presence of people in the space); determining, based on the accumulation of carbon dioxide, that the enclosed space is substantially sealed, wherein when the enclosed space is substantially sealed, airflow into and out of the enclosed space is below a threshold value (page 2 lines 7-12, it is recommended that such devices are operated in a hermetically sealed space, but this has the drawback that a build-up can occur of potentially harmful matter generated within the confined space. Such matter will also be referred to as unfavorable matter, that is, airborne constituents that, at least at certain concentrations, can be harmful to a person inhaling such matter. For example, indoor C0.sub.2 concentrations should be kept below certain thresholds); detecting, by the VOC sensor 21, 23, that the concentration of the first VOC within the enclosed space increased during the first time period (page 16 lines 20-24, Specifically, as such persons exhale CO2, the level of CO2 within the air-filled space should increase in accordance with the number of people within the air-filled space and its volume. Deviations from such expected increase, i.e. a smaller increase in CO2 levels over time than expected, can be attributed to ventilation between the air- filled space and the outside world).
However, Zhang does not specfically show generating a health assessment for the human based on the detected increase in the concentration of the first VOC; and issuing a notification to an electronic device, the notification including the health assessment. DeBates discloses generating a health assessment 817 for the human based on the detected increase in the concentration of the first VOC (Fig. 8, section 0052, the VOC module 180 outputs these values to the mated mobile electronic communications device at stage 815, whereupon the mobile electronic communications device may derive associated health status data at stage 817. the VOC module 180 may itself execute one or both of stages 817 and 819.); and issuing a notification 819 to an electronic device, the notification including the health assessment (Fig. 8, section 0052, display or otherwise provide associated health conclusions and notifications to the user. the VOC module 180 may itself execute one or both of stages 817 and 819). This allows for the health of the user to be monitored while the VOC levels are being monitored in the same room. Therefore it would have been obvious to one of ordinary skill in the art, at the time of the filing, to modify the method of Zhang by adding generating a health assessment for the human based on the detected increase in the concentration of the first VOC; and issuing a notification to an electronic device, the notification including the health assessment as taught by DeBates in order to facilitate the health of the user to be monitored while the VOC levels are being monitored in the same room as the user.
Regarding claim 2, Zhang in view of DeBates, specfically DeBates discloses determining, based on the determination that the enclosed space is substantially sealed and the determination that the human is present within the enclosed space, that the concentration of the first VOC increased due at least in part to one or more bodily emissions by the human including exhaling, sweating, or both (Section 0052, Having calculated the calibrated levels of various gases in the user's exhalation, the VOC module 180 outputs these values to the mated mobile electronic communications device at stage). This allows for the health of the user to be monitored while the VOC levels are being monitored in the same room.
Regarding claim 5, Zhang in view of DeBates, specfically DeBates discloses identifying an increased emission of the first VOC by humans as a symptom associated with a health risk; and including an identification of the health risk in the health assessment (section 0029, the VOCs in a person's breath can be analyzed to identify other conditions such as diabetes, kidney disease and lung disease). This can be used to conclude the health of a user based on the VOC that is sensed and analyzed.
Regarding claim 6, Zhang in view of DeBates, specfically Zhang discloses measuring the concentration of the first VOC occurs in response to detecting the accumulation of carbon dioxide within the enclosed space (page 16 lines 20-22, Specifically, as such persons exhale CO2, the level of CO2 within the air-filled space should increase in accordance with the number of people within the air-filled space and its volume).
Regarding claim 7, Zhang in view of DeBates, specfically Zhang discloses determining that the human is present within the enclosed space is further based on sensing a movement by the human using a motion sensor (Page 17 lines 8-10, one or more sensors (not shown), e.g. motion detection sensors or the like, for detecting the presence of individuals within the air-filled space).
Regarding claim 8, Zhang in view of DeBates, specfically DeBates discloses human is present within the enclosed space further comprises detecting a breathing rate, heart rate, or both associated with the human (section 0002, A person's health and well-being can be sensed or inferred from various biological parameters. These include, for example, heart rate). This allows for the health and well-being of a user to be sensed from the heart rate.
Regarding claim 9, Zhang discloses wherein determining that the enclosed space is substantially sealed further comprises determining that the change in air pressure is less than a threshold value (Zhang, page 2 lines 7-12, it is recommended that such devices are operated in a hermetically sealed space, but this has the drawback that a build-up can occur of potentially harmful matter generated within the confined space. Such matter will also be referred to as unfavorable matter, that is, airborne constituents that, at least at certain concentrations, can be harmful to a person inhaling such matter. For example, indoor C0.sub.2 concentrations should be kept below certain thresholds).
However, Zhang does not disclose measuring, using an air pressure sensor, a change in air pressure within the enclosed space during the first time period. DeBates discloses measuring, using an air pressure sensor 203 , a change in air pressure within the enclosed space during the first time period (Page 5 claim 17, the force sensor outputting a pressure signal related to incoming air pressure, and wherein the accessory is further configured to activate the at least one gas sensor based on the pressure signal). This allows for proper activation to detect of VOCs of a user based on the pressure signal detected. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to modify the device of Zhang by adding measuring, using an air pressure sensor, a change in air pressure within the enclosed space as taught by DeBates in order to facilitate proper activation to detect of VOCs of a user based on the pressure signal detected.
Regarding claim 10, Zhang in view of DeBates, specfically Zhang discloses measuring, with the VOC sensor, concentrations of a plurality of VOCs, wherein the first VOC is included in the plurality of VOCs (Page 10 lines, 5-9, the sensors 21, 23 may be integrated in any suitable device, such as the air purification apparatus 50, the computing device 30 or a stand-alone sensor device 20, e.g. a sensor box or the like. Stand-alone sensor devices, e.g. sensor boxes, are increasingly available for home-use and may include sensors for measuring air pollutants such as volatile organic compounds (VOCs) including formaldehyde and toluene).
Regarding claim 11, Zhang discloses a system for creating health assessments from Volatile Organic Compound (VOC) detection, the system comprising: a VOC sensor 21, 23 configured to collect VOC concentration measurements of a first VOC within an enclosed space (page 10 lines 5-10, The sensors 21, 23 may be integrated in any suitable device, such as the air purification apparatus 50, the computing device 30 or a stand-alone sensor device 20, e.g. a sensor box or the like. Stand-alone sensor devices, e.g. sensor boxes, are increasingly available for home-use and may include sensors for measuring air pollutants such as volatile organic compounds (VOCs) including formaldehyde and toluene, particulates including PM2.5 as well as environmental parameters such as relative humidity and temperature); a cloud-based health server system (page 11 lines 1-2, a network storage device or a cloud storage device accessible to the processor 31 over a network such as a LAN or the Internet), comprising: one or more processors 31; and a memory 33 communicatively coupled with and readable by the one or more processors and having stored therein processor-readable instructions (page 11 lines 1-7, The processor 31 may be further communicatively coupled to a data storage device 33, here shown to form part of the computing device 30. Such a data storage device may be any suitable device for storing digital data, e.g. a random access memory, a cache memory, a Flash memory, a solid state storage device, a magnetic storage device such as hard disk, an optical storage device and so on. Alternatively, the data storage device 33 may be separate from the computing device 30, e.g. a network storage device or a cloud storage device accessible to the processor 31 over a network such as a LAN or the Internet) which, when executed by the one or more processors, cause the one or more processors to: receive the VOC concentration measurements collected by the VOC sensor during a first time period (page 10 lines 10-12, The processor 31 may be adapted to monitor the concentration of a particular pollutant based on the sensor data provided by the sensor 21); determine, based on an accumulation of carbon dioxide within the enclosed space during the first time period, that a human is present within the enclosed space (page 16 lines 20-22, Specifically, as such persons exhale CO2, the level of CO2 within the air-filled space should increase in accordance with the number of people within the air-filled space and its volume); determine, based on the accumulation of carbon dioxide, that the enclosed space is substantially sealed, wherein when the enclosed space is substantially sealed, airflow into and out of the enclosed space is below a threshold value (page 2 lines 7-12, it is recommended that such devices are operated in a hermetically sealed space, but this has the drawback that a build-up can occur of potentially harmful matter generated within the confined space. Such matter will also be referred to as unfavorable matter, that is, airborne constituents that, at least at certain concentrations, can be harmful to a person inhaling such matter. For example, indoor C0.sub.2 concentrations should be kept below certain thresholds); detect, from the VOC measurements, that the concentration of the first VOC within the enclosed space increased during the first time period (page 16 lines 20-24, Specifically, as such persons exhale CO2, the level of CO2 within the air-filled space should increase in accordance with the number of people within the air-filled space and its volume. Deviations from such expected increase, i.e. a smaller increase in CO2 levels over time than expected, can be attributed to ventilation between the air- filled space and the outside world).
However, Zhang does not specfically show generate a health assessment for the human based on the detected increase in the concentration of the first VOC; and issue a notification to an electronic device, the notification including the health assessment. DeBates discloses generate a health assessment 817 for the human based on the detected increase in the concentration of the first VOC (Fig. 8, section 0052, the VOC module 180 outputs these values to the mated mobile electronic communications device at stage 815, whereupon the mobile electronic communications device may derive associated health status data at stage 817. the VOC module 180 may itself execute one or both of stages 817 and 819.); and issue a notification 819 to an electronic device, the notification including the health assessment (Fig. 8, section 0052, display or otherwise provide associated health conclusions and notifications to the user. the VOC module 180 may itself execute one or both of stages 817 and 819). This allows for the health of the user to be monitored while the VOC levels are being monitored in the same room. Therefore it would have been obvious to one of ordinary skill in the art, at the time of the filing, to modify the method of Zhang by adding generate a health assessment for the human based on the detected increase in the concentration of the first VOC; and issue a notification to an electronic device, the notification including the health assessment as taught by DeBates in order to facilitate the health of the user to be monitored while the VOC levels are being monitored in the same room as the user.
Regarding claim 12, Zhang in view of DeBates, specfically Zhang discloses a carbon dioxide sensor configured to measure a carbon dioxide concentration within the enclosed space (page 16 lines 20-22, Specifically, as such persons exhale CO2, the level of CO2 within the air-filled space should increase in accordance with the number of people within the air-filled space and its volume) and transmit an indication of the accumulation of carbon dioxide to the cloud-based health server system (page 11 lines 1-2, a network storage device or a cloud storage device accessible to the processor 31 over a network such as a LAN or the Internet).
Regarding claim 14, Zhang in view of DeBates, specfically Zhang discloses determining that the human is present within the enclosed space is further based on sensing a movement by the human using a motion sensor (Page 17 lines 8-10, one or more sensors (not shown), e.g. motion detection sensors or the like, for detecting the presence of individuals within the air-filled space).
Regarding claim 15, Zhang in view of DeBates, specfically DeBates discloses an air pressure sensor 203 configured to measure a change in air pressure within the enclosed space during the first time period (Page 5 claim 17, the force sensor outputting a pressure signal related to incoming air pressure, and wherein the accessory is further configured to activate the at least one gas sensor based on the pressure signal). This allows for proper activation to detect of VOCs of a user based on the pressure signal detected.
Regarding claim 16, Zhang in view of DeBates, specfically a wearable sensor configured to detect a breathing rate, heart rate, or both associated with the human (section 0002, A person's health and well-being can be sensed or inferred from various biological parameters. These include, for example, heart rate). This allows for the health and well-being of a user to be sensed from the heart rate.
Regarding claim 17, Zhang in view of DeBates, specfically Zhang discloses receive the VOC concentration measurements from the VOC sensor and transmit the VOC concentration measurements to the cloud-based health server system (page 16 lines 20-22, Specifically, as such persons exhale CO2, the level of CO2 within the air-filled space should increase in accordance with the number of people within the air-filled space and its volume); and receive carbon dioxide measurements from a carbon dioxide sensor during the first time period and transmit an indication of the accumulation of carbon dioxide to the cloud-based health server system (page 11 lines 1-2, a network storage device or a cloud storage device accessible to the processor 31 over a network such as a LAN or the Internet).
Regarding claim 18, Zhang discloses one or more processors to: measure a concentration of a first Volatile Organic Compound (VOC) (page 10 lines 10-12, The processor 31 may be adapted to monitor the concentration of a particular pollutant based on the sensor data provided by the sensor 21) within an enclosed space during a first time period (page 9 lines 21-23, The computing device 30 is arranged to communicate with one or more sensors 21, 23 for sensing levels of an unfavorable matter of interest in the atmosphere within the enclosed space 1 in which the air purification apparatus 50 is placed); detect an accumulation of carbon dioxide within the enclosed space during the first time period (page 2 lines 7-12, it is recommended that such devices are operated in a hermetically sealed space, but this has the drawback that a build-up can occur of potentially harmful matter generated within the confined space. Such matter will also be referred to as unfavorable matter, that is, airborne constituents that, at least at certain concentrations, can be harmful to a person inhaling such matter. For example, indoor C0.sub.2 concentrations should be kept below certain thresholds); determine, based on the accumulation of carbon dioxide, that a human is present within the enclosed space (page 16 lines 20-22, Specifically, as such persons exhale CO2, the level of CO2 within the air-filled space should increase in accordance with the number of people within the air-filled space and its volume); determine, based on the accumulation of carbon dioxide, that the enclosed space is substantially sealed, wherein when the enclosed space is substantially sealed, airflow into and out of the enclosed space is below a threshold value (page 2 lines 7-12, it is recommended that such devices are operated in a hermetically sealed space, but this has the drawback that a build-up can occur of potentially harmful matter generated within the confined space. Such matter will also be referred to as unfavorable matter, that is, airborne constituents that, at least at certain concentrations, can be harmful to a person inhaling such matter. For example, indoor C0.sub.2 concentrations should be kept below certain thresholds); detect that the concentration of the first VOC within the enclosed space increased during the first time period (16 lines 20-24, Specifically, as such persons exhale CO2, the level of CO2 within the air-filled space should increase in accordance with the number of people within the air-filled space and its volume. Deviations from such expected increase, i.e. a smaller increase in CO2 levels over time than expected, can be attributed to ventilation between the air- filled space and the outside world).
However, Zhang does not specfically show generate a health assessment for the human based on the detected increase in the concentration of the first VOC; and issue a notification to an electronic device, the notification including the health assessment. DeBates discloses generate a health assessment 817 for the human based on the detected increase in the concentration of the first VOC (Fig. 8, section 0052, the VOC module 180 outputs these values to the mated mobile electronic communications device at stage 815, whereupon the mobile electronic communications device may derive associated health status data at stage 817. the VOC module 180 may itself execute one or both of stages 817 and 819.); and issue a notification 819 to an electronic device, the notification including the health assessment (Fig. 8, section 0052, display or otherwise provide associated health conclusions and notifications to the user. the VOC module 180 may itself execute one or both of stages 817 and 819). This allows for the health of the user to be monitored while the VOC levels are being monitored in the same room. Therefore it would have been obvious to one of ordinary skill in the art, at the time of the filing, to modify the method of Zhang by adding generate a health assessment for the human based on the detected increase in the concentration of the first VOC; and issue a notification to an electronic device, the notification including the health assessment as taught by DeBates in order to facilitate the health of the user to be monitored while the VOC levels are being monitored in the same room as the user.
Regarding claim 19, Zhang in view of DeBates, specfically DeBates discloses the enclosed space is substantially sealed and the determination that the human is present within the enclosed space, that the concentration of the first VOC increased due at least in part to one or more bodily emissions by the human including exhaling, sweating, or both (Section 0052, Having calculated the calibrated levels of various gases in the user's exhalation, the VOC module 180 outputs these values to the mated mobile electronic communications device at stage). This allows for the health of the user to be monitored while the VOC levels are being monitored in the same room.
Regarding claim 20, Zhang in view of DeBates, specfically DeBates discloses identify an increased emission of the first VOC by humans as a symptom associated with a health risk; and include an identification of the health risk in the health assessment (section 0029, the VOCs in a person's breath can be analyzed to identify other conditions such as diabetes, kidney disease and lung disease). This can be used to conclude the health of a user based on the VOC that is sensed and analyzed.
Claim 3-4, 13 are rejected under 35 U.S.C. 103(a) as being unpatentable over Zhang et al. (WO 2019081651) in view of DeBates (US 20190268458) as applied to claim 1 above, and further in view of Annoni et al. (US 20190167176).
Regarding claims 3 and 13, Zhang in view of DeBates discloses the invention substantially as claimed however does not show creating health assessments from VOC detection of further comprising determining, using a sleep sensor, that the human is asleep during the first time period. Annoni discloses creating health assessments from VOC detection of further comprising determining, using a sleep sensor (Section 0017, a sleep sensor configured to sense whether the patient is sleeping), that the human is asleep during the first time period. This allows for sampling health and respiration data while patient is sleeping or at rest and determines the sleep quality of a user. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to modify the device of Zhang in view of DeBates by adding using a sleep sensor as taught by Annoni in order to facilitate sampling health and respiration data while patient is sleeping or at rest and determines the sleep quality of a user.
Regarding claim 4, Zhang in view of DeBates discloses the invention substantially as claimed however does not show generating, based on sensor data collected by the sleep sensor, a sleep quality assessment for the human during the first time period (section 0111, sleep quality metrics (sleep disturbances will appear as high-amplitude spikes in the data stream); and wherein generating the health assessment is further based on a combination of the detected increase in the concentration of the first VOC (Zhang, page 16 lines 20-24, Specifically, as such persons exhale CO2, the level of CO2 within the air-filled space should increase in accordance with the number of people within the air-filled space and its volume. Deviations from such expected increase, i.e. a smaller increase in CO2 levels over time than expected, can be attributed to ventilation between the air- filled space and the outside world) and the sleep quality assessment (section 0111, sleep quality metrics (sleep disturbances will appear as high-amplitude spikes in the data stream). This allows for sampling health and respiration data while patient is sleeping or at rest and determines the sleep quality of a user.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JON ERIC C MORALES whose telephone number is (571)272-3107. The examiner can normally be reached Monday-Friday 830AM-530PM CST.
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/JON ERIC C MORALES/Primary Examiner, Art Unit 3796
/J.C.M/Primary Examiner, Art Unit 3796