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 .
Response to Arguments
Applicant’s arguments in combination with amendments, see Remarks and Claims, filed 05/15/2026, with respect to the rejection(s) of claim(s) under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the following: see details below.
The claim as amended recites limitations that were not previously presented, requiring new searching and consideration.
Claim(s) 1-10, 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Pub 20160029911 to Lee in view of CN111467058A to Hanyang et al. (hereinafter “Hanyang” – previously presented) and US Pat Pub 20160106367 to Jorov et al. (hereinafter “Jorov” – previously presented) and US Pat Pub no. 20140316792 to Siddiqui.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee as modified by Hanyang, Jorov and Siddiqui as applied to claims 1-11, 14-16 above, and further in view of US Pat Pub 20110046915 to Hel et al. (hereinafter “Hol” – previously presented).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee as modified by Hanyang, Jorov and Siddiqui as applied to claims 1-11, 14-16 above, and further in view of US Pat Pub 20070197878 to Shklarski (previously presented).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-10, 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Pub 20160029911 to Lee in view of CN111467058A to Hanyang et al. (hereinafter “Hanyang”) and US Pat Pub 20160106367 to Jorov et al. (hereinafter “Jorov”) and US 20140316792 to Siddiqui.
Retarding claim 1. Lee discloses a smart medical bracelet with triage function comprising (para 0024, fig. 1A-B, “wearable device 102”): a main body (para 0024, fig. 1A-B, “wearable device 102”):, comprising: a housing with an internal accommodation space (para 0025 “housing/case 104”), and a surface of the housing comprising a top opening (para 0025 “front side of the housing 104” shown in fig 1A), a first bottom opening, a second bottom opening (para 0028, “backside of the housing”, the housing would include openings for the optical, galvanic, ECG, skin temperature sensors),; a display panel positioned at the top opening of the housing (para 0025 “digital display”), with a display surface of the display panel exposed on the housing's surface (fig. 1A); an optical transceiver located at the first bottom opening of the housing (para 0028 “an optical sensor 122”), with an optical transceiving surface of the optical transceiver exposed on the housing's surface (fig. 1B); a body temperature detector situated at the second bottom opening of the housing, with a body temperature detecting surface of the body temperature detector exposed on the housing's surface (para 0028 “skin temperature sensor 130 fig 1B); a full-color light emitting diode (para 0057 “LED”); a strap connected to the main body (para 0025 “band 106”). But fails to disclose the housing to include a first side opening, and a second side opening; a local charging terminal pair placed at the second side opening of the housing and exposed on the housing's surface; and the screen to be touch screen and whereby the smart medical bracelet with triage function is configured to emit lights of different colors corresponding to various medical assessment results based on the patient's medical records.
Hanyang, from a similar field of endeavor, having a triage device having a touch screen display and various side openings to provide speaker and battery charging contacts (Description, fig. 1). Hanyang further teaches having injury indicator light that includes at least 4 LED lights of different colors to indicate different critical situations of injury or illness (Description). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to modify the disclosure of Lee with the teachings of Hanyang because doing so would provide the predictable result of recharging the device (and take advantage of the benefits associated with a touch screen device).
Lee as modified by Hanyang renders obvious the limitations above but fails to disclose a flexible light-guide on an outer surface of the strap, optically coupled with the full-color light emitting diode to guide emitted light.
Jorov, from a similar field of endeavor teaches a monitoring device having a band having at least a flexible light guide, having one or more light sources inside band or capsule to emit visible light into the light guide (para 0009-0010, 0037-0038) to provide the display of the device (para 0038). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to modify the disclosure of Lee as modified by Hanyang with the teachings of Jorov, because doing so would provide the predictable result of displaying the state of the device.
Lee as modified by Hanyang and Jorov renders obvious the limitations above but fails to disclose wherein the smart medical bracelet with triage function is configured to pair with a health-insurance card via a wireless communication interface; and when the smart medical bracelet with triage function is paired with the health-insurance card, the smart medical bracelet with triage function is configured to authorize a physician to access a patient's medical records from a medical information system directly.
Siddiqui from a similar field of endeavor teaches the wearable device (i.e., “smart medical bracelet with triage function”) is configured to pair with a gateway (i.e., “health-insurance card”) via NFC/RFID tag for identification (i.e., “wireless communication interface”) for authenticating (para 0041) to provide security and authentication (para 0047, 0048, 0050). Siddiqui further teaches providing primary interface to caregivers and family associated with a user after authentication (para 0054). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to modify the disclosure of Lee as modified by Hanyang and Jorov with the teachings of Siddiqui, because doing so would provide the predictable result of authenticating the device, user and allow for securely providing primary interface to caregivers and family associated with a user after authentication.
Regarding claim 2. Lee as modified by Hanyang, Jorov and Siddiqui renders obvious the smart medical bracelet with triage function as claimed in claim 1, wherein the main body additionally comprises: a circuit board positioned at a bottom of the internal accommodation space of the housing (para 0066, 0092, FCB); an upper surface of the circuit board comprising a battery connector and a circuit board connector; a lower surface of the circuit board hosting the optical transceiver and the body temperature detector (para 0092). It is further noted that repositioning the parts is considered to be mere aesthetic design changes wherein the court has held that such that matters relating to ornamentation only which have no mechanical function cannot be relied upon to patentably distinguish the claimed invention from the prior art. In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947). Furthermore the court has held unpatentable shifting the position of the components. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Regarding claim 3. Lee as modified by Hanyang, Jorov and Siddiqui renders obvious the smart medical bracelet with triage function as claimed in claim 2, wherein the circuit board also includes a system chip, electrically connected to the touch display panel, the body temperature detector, and the full-color light emitting diode (para 0092 “processor” or “One or more further integrated circuitry chips”).
Regarding claim 4. Lee as modified by Hanyang, Jorov and Siddiqui renders obvious the smart medical bracelet with triage function as claimed in claim 3, wherein the circuit board also integrates a wireless communication module, an ultra-wideband (UWB) module, or a near field communication (NFC) module, with the system chip electrically connected to these modules (para 0024 “wirelessly communicate with a base station”, para 0044 “communicate with a base station 252 using various different protocols and technologies, such as, but not limited to, Bluetooth™, Wi-Fi, ZigBee or ultrawideband (UWB) communication”).
Regarding claim 5. Lee as modified by Hanyang, Jorov and Siddiqui renders obvious the smart medical bracelet with triage function as claimed in claim 3, wherein the optical transceiver comprises a light-emitting diode and a light sensor (para 0002, 0030 “the optical sensor 122 includes both a light source and a light detector”), where light from the light-emitting diode irradiates a user's wrist skin (para 0030 “the optical sensor 122 can be used to detect proximity of an object (e.g., a user's wrist”), and the sensor detects changes in light intensity penetrating and reflecting back from the skin (para 0030-0031 “light detector generates a signal (e.g., a current) that is indicative of the intensity and/or phase of the light incident on the light detector,”); the circuit board also hosts at least one vital sign detector, electrically connected to the system chip and the optical transceiver, which calculates vital sign values based on the detected light intensity changes (para 0031, “PPG signal to be used to detect peak-to-peak intervals, which can be used to calculate heart rate (HR) and heart rate variability (HRV)”, “the optical sensor 122 to be used as a pulse oximeter”).
Regarding claim 6. Lee as modified by Hanyang, Jorov and Siddiqui renders obvious the smart medical bracelet with triage function as claimed in claim 3, wherein the optical transceiver includes a light-emitting diode and a light sensor (para 0002, 0030 “the optical sensor 122 includes both a light source and a light detector”), where light from the light-emitting diode irradiates a user's wrist skin (para 0030 “the optical sensor 122 can be used to detect proximity of an object (e.g., a user's wrist”), and the sensor detects changes in light intensity penetrating and reflecting back from the skin (para 0030-0031 “light detector generates a signal (e.g., a current) that is indicative of the intensity and/or phase of the light incident on the light detector,”); the system chip, electrically connected to the optical transceiver, executes at least one vital sign detection program, calculating vital sign values based on the detected light intensity changes (para 0031, “PPG signal to be used to detect peak-to-peak intervals, which can be used to calculate heart rate (HR) and heart rate variability (HRV)”, “the optical sensor 122 to be used as a pulse oximeter”).
Regarding claim 7. Lee as modified by Hanyang, Jorov and Siddiqui renders obvious the smart medical bracelet with triage function as claimed in claim 3, wherein the circuit board also incorporates a buzzer and a button, both electrically connected to the system chip, with the button positioned at the first side opening of the housing and exposed on the housing's surface (para 0026 “buttons 112a-b”, and para 0027 “alerts”, fig. 1A).
Regarding claim 8. Lee as modified by Hanyang, Jorov and Siddiqui renders obvious the smart medical bracelet with triage function as claimed in claim 5, wherein the vital sign detector comprises a pulse sensor, an oximeter, a blood pressure sensor, or a blood glucose monitor (para 0032-0037, etc.).
Regarding claim 9. Lee as modified by Hanyang, Jorov and Siddiqui renders obvious the smart medical bracelet with triage function as claimed in claim 6, wherein the vital sign detector comprises a pulse sensor, an oximeter, a blood pressure sensor, or a blood glucose monitor (para 0036-0037 “heart rate (HR) and heart rate variability (HRV) can be detected based on signals obtained by the optical sensor 122 and/or the ECG sensor 128”).
Regarding claim 10. Lee as modified by Hanyang, Jorov and Siddiqui renders obvious an application method of a smart medical bracelet with triage function, which is applied to the smart medical bracelet with triage function as claimed in claim 1 (para 0045, method of using or manufacturing), wherein when attached to a user's wrist (para 0030 “the optical sensor 122 can be used to detect proximity of an object (e.g., a user's wrist”), the smart medical bracelet with triage function detects the user's instant vital signs including body temperature through a body temperature detector or an optical transceiver (para 0035 “skin temperature sensor [] to sense the temperature of a user’s skin”), and transmits detected data to an external system via a wireless communication interface (para 0024 “base station”, fig. 2; Jorov, para 0005, 0032).
Regarding claim 10. Lee as modified by Hanyang, Jorov and Siddiqui renders obvious an application method of a smart medical bracelet with triage function, which is applied to the smart medical bracelet with triage function as claimed in claim 10, wherein the smart medical bracelet with triage function communicates with the external system through another wireless communication interface (Lee, para 0024 “wirelessly communicate with a base station”, para 0044 “communicate with a base station 252 using various different protocols and technologies, such as, but not limited to, Bluetooth™, Wi-Fi, ZigBee or ultrawideband (UWB) communication”) to pair with a health- insurance card, and when the smart medical bracelet with triage function is paired with the health-insurance card, the smart medical bracelet with triage function is configured to authorize the user's medical records corresponding to the health-insurance card to be called up (see rejection of claim 1, Siddiqui para 0047-0050, 0054).
Regarding claim 14. Lee as modified by Hanyang, Jorov and Siddiqui renders obvious the smart medical bracelet with triage function as claimed in claim 1, wherein the bracelet receives a message through a wireless communication interface and displays the message on a display panel of the bracelet (para 0027).
Regarding claim 15. Lee as modified by Hanyang, Jorov and Siddiqui renders obvious the smart medical bracelet with triage function as claimed in claim 1, wherein the bracelet communicates with an external payment machine through a wireless communication interface to make payments (para 0027 “base station 252 is a mobile phone”, it is understood that a mobile phone could make/receive payments). It is further noted that the device is capable of communicating with external devices. Here, the claim is not positively reciting the payment machine.
Regarding claim 16. The smart medical bracelet with triage function as claimed in claim 1, wherein the bracelet communicates with an external smart medicine receiving cabinet through a wireless communication interface to receive medicine (para 0027 “base station 252”; it is understood that the mobile phone could communicate with a smart medicine cabinet). It is further noted that the device is capable of communicating with external devices. Here, the claim is not positively reciting the medicine cabinet.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee as modified by Hanyang, Jorov and Siddiqui as applied to claims 1-11, 14-16 above, and further in view of US Pat Pub 20110046915 to Hel et al. (hereinafter “Hol”).
Regarding claim 13. Lee as modified by Hanyang, Jorov and Siddiqui renders obvious the smart medical bracelet with triage function as claimed in claim 4, but fails to disclose wherein a positioning system comprising a plurality of ultra-wideband (UWB) base stations calculates a current position of the smart medical bracelet with triage function by detecting signal propagation delay times from each of the UWB base stations receiving a same UWB signal from the bracelet.
Hol, from a similar field of endeavor teaches having UWB position system (para 0012-0016) which can be constructed for only a fraction of the cost (para 0012). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to modify the disclosure of Lee as modified by Hanyang, Jorov and Siddiqui, with the teachings of Hel, because doing so would provide the predictable result of determining the position of the device at a cheaper price.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee as modified by Hanyang, Jorov and Siddiqui as applied to claims 1-11, 14-16 above, and further in view of US Pat Pub 20070197878 to Shklarski.
Regarding claim 17. Lee as modified by Hanyang, Jorov and Siddiqui renders obvious the smart medical bracelet with triage function as claimed in claim 1, but fails to disclose wherein upon pairing with a health-insurance card, the bracelet communicates with an external returning machine through a wireless communication interface to disconnect the pairing between the card and the bracelet.
Shklarski, from a similar field of endeavor, teaches the communication between the monitoring device and the medical center (i.e., health-insurance card) to be encrypted and authenticated (abstract, para 0071, 0083, 0096, 0099, etc.) to prevent un-authorized device to log into the device (para 0099). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to modify the disclosure of Lee as modified by Hanyang, Jorov and Siddiqui, with the teachings of Shklarski because doing so would provide the predictable result of adding security and privacy. It is further noted that either device would be capable of terminating connection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANA SAHAND whose telephone number is (571)272-6842. The examiner can normally be reached M-Th 8:30 am -5:30 pm; F 9 am-3 pm.
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/SANA SAHAND/Examiner, Art Unit 3796
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