DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
1. The information disclosure statements (IDS) submitted on 04/08/2025 and 04/29/2024 have been considered by the examiner.
Claim Interpretation
2. 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.
3. 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.
4. 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 reception unit”, “a candidate region identification unit”, “an information generation unit”, “a position information acquisition unit”, “a biological information association unit”, “an output unit” in claims 1 and 10-11.
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.
Double Patenting
5. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
6. Claims 1, 13 and 17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12 and 13 of copending Application No. 18/704193 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because.
Regarding claim 1, claim 1 has been analyzed and rejected as per claim 13 (claim 13 is combination of subject matter of claims 13, 12 and 1.
Regarding claim 1, 18/704193 teaches “A biological information processing device comprising:
a signal reception unit configured to receive a signal related to biological information reflected from at least one person to be measured (1st limitation of claim 1 of 18/704193);
a candidate region identification unit configured to calculate an arrival direction of the signal and/or a distance to the at least one person to be measured from the signal received and identify a candidate region of the at least one person to be measured using the arrival direction and/or the distance calculated (2nd limitation of claim 1 of 18/704193);
an information generation unit configured to generate biological information corresponding to the candidate region of the at least one person to be measured from the signal received (3rd limitation of claim 1 of 18/704193);
a position information acquisition unit configured to acquire position information of the at least one person to be measured (claim 13 of 18/704193); and
a biological information association unit configured to associate the at least one person to be measured with the biological information generated, on the basis of the position information acquired (last limitation of claim 1 of 18/704193).
Regarding claim 13, claim 13 has been similarly and rejected as per claim 1 citations.
Regarding claim 17, claim 17 has been similarly and rejected as per claim 1 citations.
This is a provisional non-statutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 102
7. 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.
8. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
9. Claim(s) 1, 3, 5-11, 13 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Motoki et al., Japanese Patent Publication No. JP 2021-108996 A (Published Date – August 2021).
Regarding claim 1, Motoki discloses A biological information processing device comprising: a signal reception unit configured to receive a signal related to biological information reflected from at least one person to be measured (para 0030 – As illustrated in FIG. 1, the biometric information collection system 100 includes a first acquisition device 1, a second acquisition device 2, a server 3, a notification device 4, and a recording device 5; para 0032 - the second acquisition device 2 is provided on a ceiling in a room in which a plurality of infants are sleeping, irradiates an electromagnetic wave (radar wave) toward a lower side where the infants are sleeping, acquires biological information and position information of the plurality of infants in the room, and transmits the biological information and the position information to the server 3…the second acquisition device 2 is configured to includes a radar 21 including a transmission antenna 2a and a plurality of reception antennas 2b - 1, 2b – 2.., and a control device 22 configured by a computer device including a CPU and a communication unit. The control device 22 causes the radar 21 to emit electromagnetic waves from the transmission antenna 2a, measures the time until the reflected electromagnetic waves are received by the reception antennas 2b - 1, 2b - 2, to acquire the distances to the subject (infant) 0, and acquires the angles (directions) to the subject O from the time differences d when the electromagnetic waves reflected from the subject O are received by the plurality of 2b - 1, 2b – 2. Then, the acquired time and angle (direction) are acquired as the position information of the subject 0. In addition, the control device 22 acquires biological information such as a respiratory rate and a heart rate of the subject O by performing frequency analysis on the reflected wave acquired by the radar 21. Here, in the reflected wave from the subject 0, a frequency change (Doppler effect) due to vibration caused by respiration or heartbeat can be observed. The control device 22 acquires frequency components of cycles corresponding to the respiration and the heartbeat from the reflected wave, and calculates the respiration rate and the heart rate. Then, the biological information of the subject O is transmitted to the server 3 in association with the position information; para 0033 – alternatively, the biometric information collection system 100 may include, as the second acquisition device 2, both a device that acquires the biometric information and the position information based on the above-described radar waves and a thermography device – where thermographic device also detects reflected heat signals from the subject; and further as cited in paras 0080 and 0081 – a shape information (silhouette) of subject can be obtained);
a candidate region identification unit configured to calculate an arrival direction of the signal and/or a distance to the at least one person to be measured from the signal received and identify a candidate region of the at least one person to be measured using the arrival direction and/or the distance calculated (para 0032 as cited – The control device 22 causes the radar 21 to emit electromagnetic waves from the transmission antenna 2a, measures the time until the reflected electromagnetic waves are received by the reception antennas 2b - 1, 2b - 2, to acquire the distances to the subject (infant) 0, and acquires the angles (directions) to the subject O from the time differences d when the electromagnetic waves reflected from the subject O are received by the plurality of 2b - 1, 2b – 2. Then, the acquired time and angle (direction) are acquired as the position information of the subject 0”; paras 0050-0051 - Next, the control unit 31 acquires the biological information and the position information of each person in the room by the second acquisition device 2 (step S14). For example, as described above, the second acquisition device 2 acquires the respiratory rate, the heart rate, the body temperature, and the like of each person as the biological information, and transmits the biological information to the server 3 in association with the position information of each person. When the control unit 31 acquires the biological information and the position information, the control unit 31 performs a process of specifying an infant whose biological information is to be collected and excluding the other biological information (step S15). Here, in the present embodiment, it is assumed that an infant who is sleeping in a room is a collection target of biological information, and a nurse or the like is not a collection target of biological information – thus identifying a candidate region).
an information generation unit configured to generate biological information corresponding to the candidate region of the at least one person to be measured from the signal received (as cited before – the biological information includes the respiratory rate, the heart rate, the body temperature, and a shape information (silhouette) of each person as the biological information;
a position information acquisition unit configured to acquire position information of the at least one person to be measured (see the citation made before with respect to position information acquiring; further see paras 0052, 0060, 0064); and
a biological information association unit configured to associate the at least one person to be measured with the biological information generated, on the basis of the position information acquired (see the citations made in the paras 0050-0051; further see para 0080 – “the personal identification information and the biological information are associated with each other using the position information of the individual).
Regarding claim 3, Motoki discloses “The biological information processing device according to claim 1, wherein the position information of the at least one person to be measured is position information acquired by optically measuring an outline of the at least one person to be measured.” (see para 0045 – recognizing individual’s anatomy from a captured image by acquiring the shape as the feature amount; see paras 0080-0081 – using a silhouette - provides a distribution of space occupied by a person; personal shape information - in the context of personal space - provides a contour plot or distribution of the space occupied).
Regarding claim 5, Motoki discloses “The biological information processing device according to claim 1, wherein the position information of the at least one person to be measured is position information acquired by measuring a distribution of body temperature of the at least one person to be measured.” (para 0033 – alternatively, the biometric information collection system 100 may include, as the second acquisition device 2, both a device that acquires the biometric information and the position information based on the above-described radar waves and a thermography device; where a thermography device that is provided on a ceiling or the like, acquires a temperature distribution image in a room (temperature at each position in the room), and transmits the temperature distribution image to the server).
Regarding claim 6, Motoki discloses “The biological information processing device according to claim 1, wherein the position information of the at least one person to be measured is position information acquired by measuring a distribution of space occupied by the at least one person to be measured” (see paras 0080-0081 – using a silhouette - provides a distribution of space occupied by a person; personal shape information - in the context of personal space - provides a contour plot or distribution of the space occupied).
Regarding claim 7, Motoki discloses “The biological information processing device according to claim 1, wherein the position information of the at least one person to be measured is position information acquired by measuring a sound emitted by the at least one person to be measured and a generation location of the sound.” (see paras 0065 – sound collection device is arranged inside a room, and a sound input to the sound collection device is analyzed to identify an infant/individual in the direction from which an abnormal sound was detected on the basis of a predetermined criterion, which corresponds to location of generation of the sound).
Regarding claim 8, claim 8 has been similarly analyzed and rejected as per claim 6 rejection citations.
Regarding claim 9, Motoki discloses “The biological information processing device according to claim 1, wherein the position information of the at least one person to be measured is position information specified by a detected position of a tag worn by the at least one person to be measured and including identification information of the at least one person to be measured” (see para 0079 –
the server 3 may acquire information related to the RFID tag read from the reading device and use the information to specify the position information of the infant whose biological information is to be collected. As a result, it is possible to improve the accuracy of the position information of the infant whose biological information is to be collected).
Regarding claim 10, Motoki discloses “The biological information processing according to claim 1, wherein the biological information association unit associates the at least one person to be measured with the biological information generated, on the basis of information identifying the at least one person to be measured acquired in advance.” (see para 0042-46 – the person is registering in advance to whom the biological information is associated with; further see paras 0051-0055).
Regarding claim 11, Motoki discloses “The biological information processing device according to claims 1, further comprising: an output unit configured to output, in a case where a spatial distribution of reflection points of the signal received is abnormal, a notification indicating that the at least one person to be measured and the biological information are not normally associated with each other” (as cited before in para 0032 – Motoki teaches “the control device 22 acquires biological information such as a respiratory rate and a heart rate of the subject O by performing frequency analysis on the reflected wave acquired by the radar 21. Here, in the reflected wave from the subject 0, a frequency change (Doppler effect) due to vibration caused by respiration or heartbeat can be observed. The control device 22 acquires frequency components of cycles corresponding to the respiration and the heartbeat from the reflected wave, and calculates the respiration rate and the heart rate”; Motoki further teaches in para 0063 – the anormal state could be when the user turns over and lies on his/her stomach, or when the user wears a futon, which makes it difficult to identify the user, which breaks the association of data, and further outputs a notification of being abnormal as cited in para 0067).
Regarding claim 13, claim 13 has been similarly analyzed and rejected as per claim 1 rejection citations.
Regarding claim 17, claim 17 has been similarly analyzed and rejected as per claim 1 rejection citations.
Claim Rejections - 35 USC § 103
10. 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.
11. 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.
12. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Motoki et al., Japanese Patent Publication No. JP 2021-108996 A (Published Date – August 2021), and further in view of Shimzu et al., Japanese Patent Publication No. JP 2014-1151042 A (Published Date – August 2015).
Regarding claim 4, claim 4 recites “The biological information processing device according to claim 1 or 2, wherein the position information of the at least one person to be measured is position information acquired by measuring a distribution of pressure applied to different positions by the at least one person to be measured”. As cited in Motoki in the rejection of claim 1, Motoki discloses position information of a person/toddler on a bed is determined, and further data such as includes the respiratory rate, the heart rate, the body temperature is also measured; but does not explicitly teaches wherein the position information of the at least one person to be measured is position information acquired by measuring a distribution of pressure applied to different positions by the at least one person to be measured. However, Shimu teaches “wherein the position information of the at least one person to be measured is position information acquired by measuring a distribution of pressure applied to different positions by the at least one person to be measured” (see Shimzu – para 0001 – “The present invention relates to a position detecting device for detecting a position of each part of a body of a sleeper by using a body pressure distribution sensor in which pressure sensors are arranged in a matrix shape”; para 0005 – “the pressure distribution of the entire body is first acquired, and the position of each part of the body is detected by analyzing the entire distribution”; para 0009 – “According to the first aspect of the invention, it is possible to perform position detection with a high processing speed and an accurate processing result”; para 0021 – “a body pressure distribution scan program 92 for scanning the body pressure distribution to detect each part (chest and waist) of the body of the sleeper A, a measurement position determination program 93 for determining the range of the pressure sensors 4141, ,. for measuring the respiration and heartbeat according to the detected positions of the chest and waist, and a respiration and heartbeat measurement program 94 for calculating the pressure values 4242, ,. in the range of the pressure sensors 4141, ,. to obtain measurement values of the respiration and heartbeat. By appropriately executing these programs, the control unit 69 detects the measurement position of the respiration and the heartbeat, and performs a process of measuring the respiration and the heartbeat”. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to use pressure distribution for measuring position as taught by Shimzu in the invention of Motoki. A person having ordinary skill in the art would have been motivated before the effective filing date of the claimed invention to use pressure distribution for measuring position as taught by Shimzu in the invention of Motoki; in order to perform position detection with a high processing speed and an accurate processing result (see Shimzu- para 0009); and further see paras 0021 and 0053 for further motivations of using Shimzu’s teachings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Manav Seth whose telephone number is (571) 272-7456. The examiner can normally be reached on Monday to Friday from 8:30 am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Sumati Lefkowitz, can be reached on (571) 272-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Manav Seth/
Primary Examiner, Art Unit 2672
March 20, 2026