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 Status
This Office Action is in response to communications filed on 6/25/2024. Claims 1-36 are pending for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/05/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a/the notification module”, in claims 1, 15 and 25.
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
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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 e-Terminal Disclaimer may be filled out completely online using webscreens. An e-Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e-Terminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-36 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-36 of US Patent (US 11,386,766) and 1-33 of US Patent (US 10,741,046). Although the claims at issue are not identical, they are not patentably distinct from each other because merely obvious variations of the patented claims, as shown below:
Instant Application
18/753641
US 11,386,766
19/987,846
US 10,741,046
16/685732
CLAIMS:
1. A system for detecting and discriminating a severity of a fall, the system comprising: a mobile device configured to communicate with a network; a notification module; and a smart watch configured to communicate with the mobile device, the smart watch including, so as to operate as background tasks, a fall monitor and an activity log resident on the smart watch, where the fall monitor is configured to record detected movement, from accelerometer data at a set sampling frequency, on the activity log; wherein, the notification module is configured to effect a setting of a predetermined rate of communication between the mobile device and the smart watch based on at least one of, at least part of a predetermined pattern of a fall discriminator within the activity log, and setting adjustment in the sampling frequency of the accelerometer data; where the setting defines a predetermined communication periodicity having the selected communication rate between the mobile device and the smart watch, which the predetermined communication periodicity having the selected communication rate, so defined, is independent from a determination of the fall discriminator; and wherein, the fall discriminator is configured to determine when the activity log includes a notable fall event based on the predetermined pattern.
2. The system of claim 1, wherein the setting of the predetermined rate of communication is based on sampling duration of the accelerometer data.
3. The system of claim 1, wherein the fall discriminator is configured to determine when activity log includes a lie period following the notable fall event.
4. The system of claim 1, wherein the fall discriminator is configured to discriminate the severity of the notable fall event based, at least in part, on adjustment in the sampling rate of the accelerometer data and is further configured to generate an alert based on the severity of the fall.
5. The system of claim 1, wherein the fall discriminator is configured to discriminate a notable fall event based on a detected impact exceeding an impact threshold defined by the adjustment in the sampling rate of the accelerometer data and a lie state following the detected impact.
6. The system of claim 1, wherein the predetermined period of communication is based on a lie state period of the predetermined pattern.
7. The system of claim 1, wherein the notification module is part of the mobile device.
8. The system of claim 1, wherein the notification module is part of the smart watch.
9. The system of claim 1, wherein the set predetermined rate of communication effected by the notification module is independent of a communication rate of a predetermined communication protocol.
10. The system of claim 1, where the smart watch includes a display displaying a user interface.
11. The system of claim 10, where the smart watch is configured to present a first selectable indicia indicating no assistance needed and a second selectable indicia indicating assistance needed to a wearer through the user interface following a notable fall event.
12. The system of claim 11, wherein the mobile device is configured to reset to an initial state when the wearer indicates no assistance needed by selecting the first selectable indicia.
13. The system of claim 11, the mobile device is configured to generate the alert when the wearer indicates that assistance need by selecting the second selectable indicia.
14. The system of claim 11, the mobile device is configured to generate the alert when the wearer fails to respond within a predetermined lie period.
15. A system for detecting and discriminating a severity of a fall, the system comprising: a server; a notification module; a smart watch configured to communicate with the server, the smart watch including, so as to operate as background tasks, a fall monitor and an activity log resident on the smart watch, where the fall monitor is configured to record detected movement, from accelerometer data at a sampling rate, on the activity log; wherein, the notification module is configured to effect a setting of a predetermined rate of communications between the notification module and the activity log running in the background on smart watch based on, at least one of, at least part of a predetermined pattern of a fall discriminator within the activity log and setting adjustment in the sampling frequency of the accelerometer data, where the setting defines a predetermined communication periodicity having the set communication rate between the notification module and the activity log, which the predetermined communication periodicity having the set communication rate, so defined, is independent from a determination of the fall discriminator;wherein, the fall discriminator further is configured to determine occurrence of a notable fall event based, at least in part, on adjustment in the sampling rate of the accelerometer data, and wherein at least one of the server and the smart watch is configured to send a message related to the notable fall event based on the adjustment of the sampling rate of the accelerometer data registered by the smart watch.
16. The system of claim 15, wherein the setting of the predetermined rate of communication is based on sampling duration of the accelerometer data.
17. The system of claim 15, wherein the fall discriminator is configured to determine when the activity log includes a lie state following the notable fall event.
18. The system of claim 15, wherein the fall discriminator is configured to discriminate the severity of the notable fall event based on the adjustment in the sampling rate of the accelerometer data and is further configured to generate an alert based on the severity of the notable fall event.
19. The system of claim 15, wherein the fall discriminator is configured to discriminate a notable fall event based on a detected impact exceeding an impact threshold defined by the adjustment in the sampling rate of the accelerometer data and a lie state following the detected impact.
20. The system of claim 15, wherein the predetermined period of communication is based on a lie state period of the predetermined pattern.
21. The system of claim 15, wherein the notification module is part of the mobile device.
22. The system of claim 15, wherein the notification module is part of the smart watch.
23. The system of claim 15, wherein the rate of communication is independent of a communication rate of a predetermined communication protocol.
24. The system of claim 15, where the smart watch initiates access to the activity log on the smart watch.
25. A method for detecting and discriminating a severity of a fall, the method comprising: providing a smart watch including a fall monitor and an activity log resident on the smart watch, operating as background tasks and recording detected movement, from accelerometer data at a sampling rate, on the activity log with the fall monitor; effecting a setting on the smart watch of a rate of communication between a notification module of the smart watch and the activity log based on at least one of, at least part of a predetermined pattern of a fall discriminator within the activity log, and setting adjustment in the sampling frequency of the accelerometer data, the setting defining a predetermined period of communication between the notification module and activity log set independent from a determination of the fall discriminator; determining, with the fall discriminator, occurrence of a notable fall event based, at least in part, on adjustment in the sampling rate of the accelerometer data, and wherein the smart watch is configured to send a message related to the notable fall event based on the adjustment of the sampling rate of the accelerometer data registered by the smart watch.
26. The method of claim 25, wherein the setting of the predetermined rate of communication is based on sampling duration of the accelerometer data
27. The method of claim 25, further comprising discriminating the severity of the notable fall event, with the fall discriminator, based on the adjustment in the sampling rate of the accelerometer data and is further configured to generate an alert based on the severity of the notable fall event.
28. The method of claim 25, further comprising discriminating a notable fall event, with the fall discriminator, based on a detected impact exceeding an impact threshold defined by the adjustment in the sampling rate of the accelerometer data and a lie state following the detected impact.
29. The method of claim 25, wherein the rate of communication is based on a lie state period of the predetermined pattern.
30. The method of claim 25, wherein the rate of communication is independent of a communication rate of a predetermined communication protocol.
31. The method of claim 25, the method further comprising presenting a first selectable indicia indicating no assistance needed and a second selectable indicia indicating assistance needed to a wearer on a display on the smart watch following the detected fall event.
32. The method of claim 31, the method further comprising resetting the mobile device to an initial state when the wearer indicates no assistance needed by selecting the first selectable indicia.
33. The method of claim 31, the method further comprising generating the alert when the wearer indicates that assistance is need by selecting the second selectable indicia.
34. The method of claim 31, further comprising presenting a third selectable indicia with the display indicating no assistance needed following the detected impact exceeding a second predetermined impact threshold defining a high energy fall event.
35. The method of claim 31, the method further comprising resetting the mobile device to an initial state when the wearer indicates no assistance needed by selecting the third selectable indicia.
36. The method of claim 31, the method further comprising generating the alert when the wearer fails to respond within a predetermined lie.
1. A system for detecting and discriminating the severity of a fall, the system comprising: a mobile device configured to communicate with a network; a notification module; and a smart watch configured to communicate with the mobile device, the smart watch including, so as to operate as background tasks, a fall monitor and an activity log resident on the smart watch, where the fall monitor is configured to record detected predetermined motion characteristics on the activity log; wherein, the notification module is configured to effect a predetermined rate of communication between the notification module and the activity log is based, at least in part, on predetermined parameters of a fall discriminator state machine within the activity log operating in the background, where the communication rate between the notification module and the activity log, based at least in part on the predetermined parameters, is independent from a determination of the fall discriminator state machine; wherein, the fall discriminator state machine is configured to determine when the activity log includes a notable fall event based on the predetermined parameters, wherein the predetermined motion characteristics include at least one of a rate of fall, energy of fall, lie duration, and heart rate, and wherein at least one of the mobile device and the smart watch are configured to send a message related to the notable fall event registered by the smart watch.
2. The system of claim 1, wherein the fall discriminator state machine is configured to determine when the activity log includes the lie duration following the notable fall event.
3. The system of claim 1, wherein the fall discriminator state machine is configured to discriminate the severity of the notable fall event based on the predetermined parameters and is further configured to generate an alert based on the severity of the fall.
4. The system of claim 1, wherein the fall discriminator state machine is configured to discriminate a notable fall event based on a detected impact exceeding an impact threshold defined by the predetermined parameters and the lie duration following the detected impact.
5. The system of claim 1, wherein the notification module is configured to effect a setting of the predetermined rate of communication between the notification module and the activity log, where the setting defines a predetermined communication periodicity having the set communication rate between the notification module and the activity log, based at least in part on the predetermined parameters, independent from a determination of the fall discriminator state machine.
6. The system of claim 5, wherein the predetermined period of communication is based on the lie duration of the predetermined parameters.
7. The system of claim 1, wherein the notification module is part of the mobile device.
8. The system of claim 1, wherein the notification module is part of the smart watch.
9. The system of claim 1, wherein the predetermined rate of communication effected by the notification module is independent of a communication rate of a predetermined communication protocol.
10. The system of claim 1, where the smart watch includes a display displaying a user interface.
11. The system of claim 9, where the smart watch is configured to present a first selectable indicia indicating no assistance needed and a second selectable indicia indicating assistance needed to a wearer through the user interface following a notable fall event.
12. The system of claim 10, wherein the mobile device is configured to reset to an initial state when the wearer indicates no assistance needed by selecting the first selectable indicia.
13. The system of claim 10, the mobile device is configured to generate the alert when the wearer indicates that assistance need by selecting the second selectable indicia.
14. The system of claim 10, the mobile device is configured to generate the alert when the wearer fails to respond within a predetermined lie duration.
15. A system for detecting and discriminating the severity of a fall, the system comprising: a server; a notification module; a smart watch configured to communicate with the server, the smart watch including, so as to operate as background tasks, a fall monitor and an activity log resident on the smart watch, where the fall monitor is configured to record detected predetermined motion characteristic on the activity log; wherein, the notification module is configured to effect a predetermined rate of communications between the notification module and the activity log running in the background on smart watch based, at least in part, on predetermined parameters of a fall discriminator state machine within the activity log, where the communication rate between the notification module and the activity log, based at least in part on the predetermined parameters, is independent from a determination of the fall discriminator state machine; wherein, the fall discriminator state machine further is configured to determine when the activity log includes a notable fall event based on the predetermined parameters, wherein the predetermined motion characteristics include at least one of a rate of fall, energy of fall, lie duration, and heart rate, and wherein at least one of the server and the smart watch is configured to send a message related to the notable fall event registered by the smart watch.
16. The system of claim 15, wherein the fall discriminator state machine is configured to determine when the activity log includes the lie duration following the notable fall event.
17. The system of claim 15, wherein the fall discriminator state machine is configured to discriminate the severity of the notable fall event based on the predetermined parameters and is further configured to generate an alert based on the severity of the notable fall event.
18. The system of claim 15, wherein the fall discriminator state machine is configured to discriminate a notable fall event based on a detected impact exceeding an impact threshold defined by the predetermined parameters and the lie duration following the detected impact.
19. The system of claim 15, wherein the notification module is configured to effect a setting of the predetermined rate of communications between the notification module and the activity log, where the setting defines a predetermined communication periodicity having the set communication rate between the notification module and the activity log, based at least in part on the predetermined parameters, independent from a determination of the fall discriminator state machine.
20. The system of claim 19, wherein the predetermined period of communication is based on the lie duration of the predetermined parameters.
21. The system of claim 15, wherein the notification module is part of the mobile device.
22. The system of claim 15, wherein the notification module is part of the smart watch.
23. The system of claim 15, wherein the rate of communication is independent of a communication rate of a predetermined communication protocol.
24. The system of claim 15, where the smart watch initiates access to the activity log on the smart watch.
25. A method for detecting and discriminating the severity of a fall, the method comprising: providing a smart watch including a fall monitor and an activity log resident on the smart watch, operating as background tasks and recording detected predetermined motion characteristics on the activity log with the fall monitor; effecting a rate of communication between a notification module of the smart watch and the activity log is based, at least in part on predetermined parameters of a fall discriminator state machine within the activity log, the communication between the notification module and activity log, based at least in part on the predetermined parameters, is independent from a determination of the fall discriminator state machine; determining, with the fall discriminator state machine, when the activity log of the smart watch includes a notable fall event based on the predetermined parameters, wherein the predetermined motion characteristics include at least one of a rate of fall, energy of fall, lie duration, and heart rate; and sending, the smart watch, a message related to the notable fall event registered by the smart watch.
26. The method of claim 25, further comprising discriminating the severity of the notable fall event, with the fall discriminator state machine, based on the predetermined parameters and is further configured to generate an alert based on the severity of the notable fall event.
27. The method of claim 25, further comprising discriminating a notable fall event, with the fall discriminator state machine, based on a detected impact exceeding an impact threshold defined by the predetermined parameters and the lie duration following the detected impact.
28. The method of claim 25, wherein the rate of communication is based on the lie duration of the predetermined parameters.
29. The method of claim 25, wherein the rate of communication is independent of a communication rate of a predetermined communication protocol.
30. The method of claim 25, the method further comprising presenting a first selectable indicia indicating no assistance needed and a second selectable indicia indicating assistance needed to a wearer on a display on the smart watch following the detected fall event.
31. The method of claim 30, the method further comprising resetting the mobile device to an initial state when the wearer indicates no assistance needed by selecting the first selectable indicia.
32. The method of claim 30, the method further comprising generating the alert when the wearer indicates that assistance is need by selecting the second selectable indicia.
33. The method of claim 30, further comprising presenting a third selectable indicia with the display indicating no assistance needed following the detected impact exceeding a second predetermined impact threshold defining a high energy fall event.
34. The method of claim 30, the method further comprising resetting the mobile device to an initial state when the wearer indicates no assistance needed by selecting the third selectable indicia.
35. The method of claim 30, the method further comprising generating the alert when the wearer fails to respond within a predetermined lie duration.
36. The method of claim 25, further comprising effecting a setting on the smart watch of the rate of communication between the notification module of the smart watch and the activity log, the setting defining a predetermined period of communication between the notification module and activity log, based at least in part on the predetermined parameters, independent from a determination of the fall discriminator state machine.
1. A system for detecting and discriminating the severity of a fall, the system comprising: a mobile device configured to communicate with a network; a notification module; and a smart watch configured to communicate with the mobile device, the smart watch including, so as to operate as background tasks, a fall monitor and an activity log resident on the smart watch, where the fall monitor is configured to record detected movement on the activity log; wherein, the notification module is configured to effect a setting of a predetermined rate of communication between the notification module and the activity log based on at least part of a predetermined pattern of a fall discriminator within the activity log operating in the background, where the setting defines a predetermined communication periodicity having the set communication rate between the notification module and the activity log, which the predetermined communication periodicity having the set communication rate, so defined, is based on the at least part of the predetermined pattern independent from a determination of the fall discriminator; wherein, the fall discriminator is configured to determine when the activity log includes a notable fall event based on the predetermined pattern, and wherein at least one of the mobile device and the smart watch are configured to send a message related to the notable fall event based at least in part on heart rate registered by the smart watch.
2. The system of claim 1, wherein the fall discriminator is configured to determine when activity log includes a lie period following the notable fall event.
3. The system of claim 1, wherein the fall discriminator is configured to discriminate the severity of the notable fall event based on the predetermined pattern and is further configured to generate an alert based on the severity of the fall.
4. The system of claim 1, wherein the fall discriminator is configured to discriminate a notable fall event based on a detected impact exceeding an impact threshold defined by the predetermined pattern and a lie state following the detected impact.
5. The system of claim 1, wherein the predetermined period of communication is based on a lie state period of the predetermined pattern.
6. The system of claim 1, wherein the notification module is part of the mobile device.
7. The system of claim 1, wherein the notification module is part of the smart watch.
8. The system of claim 1, wherein the set predetermined rate of communication effected by the notification module is independent of a communication rate of a predetermined communication protocol.
9. The system of claim 1, where the smart watch includes a display displaying an user interface.
10. The system of claim 9, where the smart watch is configured to present a first selectable indicia indicating no assistance needed and a second selectable indicia indicating assistance needed to a wearer through the user interface following a notable fall event.
11. The system of claim 10, wherein the mobile device is configured to reset to an initial state when the wearer indicates no assistance needed by selecting the first selectable indicia.
12. The system of claim 10, the mobile device is configured to generate the alert when the wearer indicates that assistance need by selecting the second selectable indicia.
13. The system of claim 10, the mobile device is configured to generate the alert when the wearer fails to respond within a predetermined lie period.
14. A system for detecting and discriminating the severity of a fall, the system comprising: a server; a notification module; a smart watch configured to communicate with the server, the smart watch including, so as to operate as background tasks, a fall monitor and an activity log resident on the smart watch, where the fall monitor is configured to record detected movement on the activity log; wherein, the notification module is configured to effect a setting of a predetermined rate of communications between the notification module and the activity log running in the background on smart watch based on at least part of a predetermined pattern of a fall discriminator within the activity log, where the setting defines a predetermined communication periodicity having the set communication rate between the notification module and the activity log, which the predetermined communication periodicity having the set communication rate, so defined, is based on the at least part of the predetermined pattern independent from a determination of the fall discriminator; wherein, the fall discriminator further is configured to determine when the activity log includes a notable fall event based on the predetermined pattern, and wherein at least one of the server and the smart watch is configured to send a message related to the notable fall event based at least in part on heart rate registered by the smart watch.
15. The system of claim 14, wherein the fall discriminator is configured to determine when the activity log includes a lie state following the notable fall event.
16. The system of claim 14, wherein the fall discriminator is configured to discriminate the severity of the notable fall event based on the predetermined pattern and is further configured to generate an alert based on the severity of the notable fall event.
17. The system of claim 14, wherein the fall discriminator is configured to discriminate a notable fall event based on a detected impact exceeding an impact threshold defined by the predetermined pattern and a lie state following the detected impact.
18. The system of claim 14, wherein the predetermined period of communication is based on a lie state period of the predetermined pattern.
19. The system of claim 14, wherein the notification module is part of the mobile device.
20. The system of claim 14, wherein the notification module is part of the smart watch.
21. The system of claim 14, wherein the rate of communication is independent of a communication rate of a predetermined communication protocol.
22. The system of claim 14, where the smart watch initiates access to the activity log on the smart watch.
23. A method for detecting and discriminating the severity of a fall, the method comprising: providing a smart watch including a fall monitor and an activity log resident on the smart watch, operating as background tasks and recording detected movement on the activity log with the fall monitor; effecting a setting on the smart watch of a rate of communication between a notification module of the smart watch and the activity log based on at least part of a predetermined pattern of a fall discriminator within the activity log, the setting defining a predetermined period of communication between the notification module and activity log set based on at least part of the predetermined pattern independent from a determination of the fall discriminator; determining, with the fall discriminator, when the activity log of the smart watch includes a notable fall event based on the predetermined pattern; and sending, the smart watch, a message related to the notable fall event based at least in part on heart rate registered by the smart watch.
24. The method of claim 23, further comprising discriminating the severity of the notable fall event, with the fall discriminator, based on the predetermined pattern and is further configured to generate an alert based on the severity of the notable fall event.
25. The method of claim 23, further comprising discriminating a notable fall event, with the fall discriminator, based on a detected impact exceeding an impact threshold defined by the predetermined pattern and a lie state following the detected impact.
26. The method of claim 23, wherein the rate of communication is based on a lie state period of the predetermined pattern.
27. The method of claim 23, wherein the rate of communication is independent of a communication rate of a predetermined communication protocol.
28. The method of claim 23, the method further comprising presenting a first selectable indicia indicating no assistance needed and a second selectable indicia indicating assistance needed to a wearer on a display on the smart watch following the detected fall event.
29. The method of claim 28, the method further comprising resetting the mobile device to an initial state when the wearer indicates no assistance needed by selecting the first selectable indicia.
30. The method of claim 28, the method further comprising generating the alert when the wearer indicates that assistance is need by selecting the second selectable indicia.
31. The method of claim 28, further comprising presenting a third selectable indicia with the display indicating no assistance needed following the detected impact exceeding a second predetermined impact threshold defining a high energy fall event.
32. The method of claim 28, the method further comprising resetting the mobile device to an initial state when the wearer indicates no assistance needed by selecting the third selectable indicia.
33. The method of claim 28, the method further comprising generating the alert when the wearer fails to respond within a predetermined lie.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter. Claims 1-36 of the instant application contain only obvious modifications of independent and dependent claims 1-36 and 1-33, respectively.
Claims 1-36 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-33 of US Patent (US 12,020,550). Although the claims at issue are not identical, they are not patentably distinct from each other because merely obvious variations of the patented claims, as shown below:
Instant Application
18/753641
US 12,020,550
17/812,024
CLAIMS:
1. A system for detecting and discriminating a severity of a fall, the system comprising: a mobile device configured to communicate with a network; a notification module; and a smart watch configured to communicate with the mobile device, the smart watch including, so as to operate as background tasks, a fall monitor and an activity log resident on the smart watch, where the fall monitor is configured to record detected movement, from accelerometer data at a set sampling frequency, on the activity log; wherein, the notification module is configured to effect a setting of a predetermined rate of communication between the mobile device and the smart watch based on at least one of, at least part of a predetermined pattern of a fall discriminator within the activity log, and setting adjustment in the sampling frequency of the accelerometer data; where the setting defines a predetermined communication periodicity having the selected communication rate between the mobile device and the smart watch, which the predetermined communication periodicity having the selected communication rate, so defined, is independent from a determination of the fall discriminator; and wherein, the fall discriminator is configured to determine when the activity log includes a notable fall event based on the predetermined pattern.
2. The system of claim 1, wherein the setting of the predetermined rate of communication is based on sampling duration of the accelerometer data.
3. The system of claim 1, wherein the fall discriminator is configured to determine when activity log includes a lie period following the notable fall event.
4. The system of claim 1, wherein the fall discriminator is configured to discriminate the severity of the notable fall event based, at least in part, on adjustment in the sampling rate of the accelerometer data and is further configured to generate an alert based on the severity of the fall.
5. The system of claim 1, wherein the fall discriminator is configured to discriminate a notable fall event based on a detected impact exceeding an impact threshold defined by the adjustment in the sampling rate of the accelerometer data and a lie state following the detected impact.
6. The system of claim 1, wherein the predetermined period of communication is based on a lie state period of the predetermined pattern.
7. The system of claim 1, wherein the notification module is part of the mobile device.
8. The system of claim 1, wherein the notification module is part of the smart watch.
9. The system of claim 1, wherein the set predetermined rate of communication effected by the notification module is independent of a communication rate of a predetermined communication protocol.
10. The system of claim 1, where the smart watch includes a display displaying a user interface.
11. The system of claim 10, where the smart watch is configured to present a first selectable indicia indicating no assistance needed and a second selectable indicia indicating assistance needed to a wearer through the user interface following a notable fall event.
12. The system of claim 11, wherein the mobile device is configured to reset to an initial state when the wearer indicates no assistance needed by selecting the first selectable indicia.
13. The system of claim 11, the mobile device is configured to generate the alert when the wearer indicates that assistance need by selecting the second selectable indicia.
14. The system of claim 11, the mobile device is configured to generate the alert when the wearer fails to respond within a predetermined lie period.
15. A system for detecting and discriminating a severity of a fall, the system comprising: a server; a notification module; a smart watch configured to communicate with the server, the smart watch including, so as to operate as background tasks, a fall monitor and an activity log resident on the smart watch, where the fall monitor is configured to record detected movement, from accelerometer data at a sampling rate, on the activity log; wherein, the notification module is configured to effect a setting of a predetermined rate of communications between the notification module and the activity log running in the background on smart watch based on, at least one of, at least part of a predetermined pattern of a fall discriminator within the activity log and setting adjustment in the sampling frequency of the accelerometer data, where the setting defines a predetermined communication periodicity having the set communication rate between the notification module and the activity log, which the predetermined communication periodicity having the set communication rate, so defined, is independent from a determination of the fall discriminator; wherein, the fall discriminator further is configured to determine occurrence of a notable fall event based, at least in part, on adjustment in the sampling rate of the accelerometer data, and wherein at least one of the server and the smart watch is configured to send a message related to the notable fall event based on the adjustment of the sampling rate of the accelerometer data registered by the smart watch.
16. The system of claim 15, wherein the setting of the predetermined rate of communication is based on sampling duration of the accelerometer data.
17. The system of claim 15, wherein the fall discriminator is configured to determine when the activity log includes a lie state following the notable fall event.
18. The system of claim 15, wherein the fall discriminator is configured to discriminate the severity of the notable fall event based on the adjustment in the sampling rate of the accelerometer data and is further configured to generate an alert based on the severity of the notable fall event.
19. The system of claim 15, wherein the fall discriminator is configured to discriminate a notable fall event based on a detected impact exceeding an impact threshold defined by the adjustment in the sampling rate of the accelerometer data and a lie state following the detected impact.
20. The system of claim 15, wherein the predetermined period of communication is based on a lie state period of the predetermined pattern.
21. The system of claim 15, wherein the notification module is part of the mobile device.
22. The system of claim 15, wherein the notification module is part of the smart watch.
23. The system of claim 15, wherein the rate of communication is independent of a communication rate of a predetermined communication protocol.
24. The system of claim 15, where the smart watch initiates access to the activity log on the smart watch.
25. A method for detecting and discriminating a severity of a fall, the method comprising: providing a smart watch including a fall monitor and an activity log resident on the smart watch, operating as background tasks and recording detected movement, from accelerometer data at a sampling rate, on the activity log with the fall monitor; effecting a setting on the smart watch of a rate of communication between a notification module of the smart watch and the activity log based on at least one of, at least part of a predetermined pattern of a fall discriminator within the activity log, and setting adjustment in the sampling frequency of the accelerometer data, the setting defining a predetermined period of communication between the notification module and activity log set independent from a determination of the fall discriminator; determining, with the fall discriminator, occurrence of a notable fall event based, at least in part, on adjustment in the sampling rate of the accelerometer data, and wherein the smart watch is configured to send a message related to the notable fall event based on the adjustment of the sampling rate of the accelerometer data registered by the smart watch.
26. The method of claim 25, wherein the setting of the predetermined rate of communication is based on sampling duration of the accelerometer data
27. The method of claim 25, further comprising discriminating the severity of the notable fall event, with the fall discriminator, based on the adjustment in the sampling rate of the accelerometer data and is further configured to generate an alert based on the severity of the notable fall event.
28. The method of claim 25, further comprising discriminating a notable fall event, with the fall discriminator, based on a detected impact exceeding an impact threshold defined by the adjustment in the sampling rate of the accelerometer data and a lie state following the detected impact.
29. The method of claim 25, wherein the rate of communication is based on a lie state period of the predetermined pattern.
30. The method of claim 25, wherein the rate of communication is independent of a communication rate of a predetermined communication protocol.
31. The method of claim 25, the method further comprising presenting a first selectable indicia indicating no assistance needed and a second selectable indicia indicating assistance needed to a wearer on a display on the smart watch following the detected fall event.
32. The method of claim 31, the method further comprising resetting the mobile device to an initial state when the wearer indicates no assistance needed by selecting the first selectable indicia.
33. The method of claim 31, the method further comprising generating the alert when the wearer indicates that assistance is need by selecting the second selectable indicia.
34. The method of claim 31, further comprising presenting a third selectable indicia with the display indicating no assistance needed following the detected impact exceeding a second predetermined impact threshold defining a high energy fall event.
35. The method of claim 31, the method further comprising resetting the mobile device to an initial state when the wearer indicates no assistance needed by selecting the third selectable indicia.
36. The method of claim 31, the method further comprising generating the alert when the wearer fails to respond within a predetermined lie.
1. A system for detecting and discriminating the severity of a fall, the system comprising: a mobile device configured to communicate with a network; a notification module; and a smart watch