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 .
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 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.
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Claims 1-3 & 7-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-3 & 6-17 of U.S. Patent No. 12,096,828. Although the claims at issue are not identical, they are not patentably distinct from each other because of the reasons shown in the chart and reasonings below.
CURRENT APPLICATION: 18/774,371
U.S. PATENT 12,096,828
Claim 1: A wearable thermoregulation device configured to be worn on the body of a user, comprising: a thermoelectric device that is configured to controllably heat and cool a control surface; a power source that is configured to provide power to operate the thermoelectric device and either heat or cool the control surface; a controller that is configured to control the thermoelectric device; a skin temperature sensor that is configured to sense skin temperature over time; and a carrier structure that carries the thermoelectric device, the power source, the skin temperature sensor, and the controller, and is configured to be removably carried on the body of a user such that the heated and cooled control surface and the skin temperature sensor are both in direct contact with the user's skin; wherein the skin temperature sensor is isolated from effects generated by the thermoelectric device; wherein the controller is configured to determine a sensed skin temperature increase over time that indicates the onset of a hot-flash event, and in response to the determination of a hot-flash event cause the thermoelectric device to cool the control surface; and wherein the skin temperature sensor continues to sense skin temperature without thermal influence by the control surface while the control surface is cooled.
Claim 1: A wearable thermoregulation device configured to be worn on the body of a user, comprising: a band that is configured to be worn on the user's arm or wrist; a thermoelectric device carried by the band and that is configured to controllably heat and cool a control surface that is configured to contact the user's skin on one of the bottom or top of the user's arm or wrist; a power source carried by the band and that is configured to provide power to operate the thermoelectric device and either heat or cool the control surface; a controller carried by the band; a skin temperature sensor carried by the band at a location circumferentially spaced from the control surface of the thermoelectric device such that it is thermally isolated from the control surface of the thermoelectric device so that it is not influenced by heat or cold from the control surface, wherein the skin temperature sensor is configured to be in direct contact with the skin of the user and is configured to be used to sense skin temperature over time; a control surface temperature sensor carried by the band and that is configured to determine a temperature of the control surface, wherein the control surface temperature sensor is in communication with the controller; a wireless communications module carried by the band and that is configured to wirelessly send signals from the controller, and wirelessly receive signals, to control the thermoelectric device; wherein the skin temperature sensor is configured to be used by the controller to determine a skin temperature increase over time that indicates the onset of a hot-flash event; wherein in response to the determination of a hot-flash event the controller causes the thermoelectric device to cool the control surface; wherein the skin temperature sensor continues to monitor skin temperature without thermal influence by the control surface while the control surface is cooled; and wherein the controller is further configured to cause the thermoelectric device to stop cooling the control surface based at least in part on skin temperature as determined by the skin temperature sensor.
Claim 2: The wearable thermoregulation device of claim 1, wherein the controller is further configured to cause the thermoelectric device to stop cooling the control surface based at least in part on the sensed skin temperature.
Claim 1: and wherein the controller is further configured to cause the thermoelectric device to stop cooling the control surface based at least in part on skin temperature as determined by the skin temperature sensor.
Claim 3: The wearable thermoregulation device of claim 1, wherein the skin temperature sensor comprises a temperature sensor and a metal surface that is configured to touch the user’s skin
Claim 2: The wearable thermoregulation device of claim 1, wherein the skin temperature sensor comprises a temperature sensor located proximate a metal surface that is configured to touch the user's skin.
Claim 7: The wearable thermoregulation device of claim 1, wherein the controller comprises firmware that is configured to smooth temperature sensor data.
Claim 6: The wearable thermoregulation device of claim 1, wherein the controller comprises firmware that is configured to smooth temperature sensor data.
Claim 8: The wearable thermoregulation device of claim 1, wherein the controller comprises firmware that is configured to detect an upward inflection point in the sensed skin temperature over time.
Claim 7: The wearable thermoregulation device of claim 1, wherein the controller comprises firmware that is configured to detect an upward inflection point in the sensed skin temperature over time.
Claim 9: The wearable thermoregulation device of claim 1, wherein the controller comprises firmware that is configured to sum temperature data from a plurality of separate temperature sensors
Claim 8: The wearable thermoregulation device of claim 1, wherein the controller comprises firmware that is configured to sum temperature data from a plurality of separate temperature sensors.
Claim 10: The wearable thermoregulation device of claim 1, further comprising at least one user input device.
Claim 9: The wearable thermoregulation device of claim 1, further comprising at least one user input device.
Claim 11: The wearable thermoregulation device of claim 10, wherein the controller is responsive to both the skin temperature sensor and the at least one user input device.
Claim 10: The wearable thermoregulation device of claim 9, wherein the controller is responsive to both the skin temperature sensor and the at least one user input device.
Claim 12: The wearable thermoregulation device of claim 11, wherein the controller is configured to control a cold level of the control surface based on both the sensed skin temperature and the at least one user input device.
Claim 11: The wearable thermoregulation device of claim 10, wherein the controller is configured to control a cold level of the control surface based on both the sensed skin temperature and the at least one user input device.
Claim 13: The wearable thermoregulation device of claim 1, wherein the device creates outputs that are input in a typical neural net or other machine learning technique to add safety dimensions to device operation.
Claim 13: The wearable thermoregulation device of claim 1, wherein the device creates outputs that are input in a typical neural net or other machine learning technique in order to add safety dimensions to device operation.
Claim 14: The wearable thermoregulation device of claim 13, wherein the outputs comprise at least one of % current temperature of the thermoelectric device, and % duration of operation of the thermoelectric device.
Claim 14: The wearable thermoregulation device of claim 13, wherein the outputs comprise at least one of % current temperature of TEC, and % duration of operation of TEC.
Claim 15: The wearable thermoregulation device of claim 1, wherein the controller is configured to implement a control algorithm
Claim 15: The wearable thermoregulation device of claim 1, wherein the controller is configured to implement a control algorithm
Claim 16: The wearable thermoregulation device of claim 15, wherein the control algorithm is selected from a group of control algorithms consisting of a simple input/output map where a given discrete input is matched to a given discrete output, a more complex input/output map where user input establishes a user preference history to modify the desired output map for a given input, an even more complex input/output map where user input forms a time series user preference for a given input to further modify the desired output with respect to duration or other functionality.
Claim 16: The wearable thermoregulation device of claim 15, wherein the control algorithm is selected from a group of control algorithms consisting of a simple input/output map where a given discrete input is matched to a given discrete output, a more complex input/output map where button presses establish a user preference history to modify the desired output map for a given input, an even more complex input/output map where button presses form a time series user preference for a given input to further modify the desired output with respect to duration or other functionality.
Claim 17: The wearable thermoregulation device of claim 15, wherein the control algorithm is responsive to multiple inputs comprising at least biometric inputs, direct inputs from a user, implicit inputs, and contextual inputs, all used to control the thermoelectric device in accordance with the user’s desires.
Claim 17: The wearable thermoregulation device of claim 15, wherein the control algorithm is responsive to multiple inputs comprising at least biometric inputs, direct inputs from a user, implicit inputs, and contextual inputs, in order to control the thermoelectric device in accordance with the user's desires.
Regarding claim 1, U.S. Patent No. 12,096,828 discloses a band in which is seen as a carrier structure such that it reads on the carrier structure that is disclosed in the current application 18/774,371 since the band carries all the elements as require by current application claim 1.
Claim Rejections - 35 USC § 103
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.
Claims 1, 8, 10-12, 15-18 & 20 are rejected under 35 U.S.C 103 as being unpatentable over Smith et al. (US 20190110950) herein referred to as Smith in view of Polacek et al. (US 20070193278) herein referred to as Polacek.
Regarding Claim 1, Smith discloses a wearable thermoregulation device configured to be worn on the body of a user (Figure 1), comprising: a thermoelectric device that is configured to controllably heat and cool a control surface (Figure 2, 102 &106; wherein the thermoelectric device is 106 and the control surface is 102; Paragraph [0050]; wherein the haptic actuator is made up of thermoelectric materials); a power source that is configured to provide power to operate the thermoelectric device and either heat or cool the control surface (Figure 2, 112); a controller that is configured to control the thermoelectric device (Figure 2, 108); a skin conductance sensor that is configured to sense skin conductance over time (Figure 1, 110; Paragraph [0032]); and a carrier structure that carries the thermoelectric device, the power source, the skin conductance sensor, and the controller (Figure 2, 104), and is configured to be removably carried on the body of a user such that the heated and cooled control surface and the skin conductance sensor are both in direct contact with the user's skin (Figure 2, 102 & 110; Paragraph [0062]; wherein the sensors can be directly in contact with the user’s skin); wherein the skin temperature sensor is isolated from effects generated by the thermoelectric device (measures conductance not temp); wherein the controller is configured to determine a sensed skin conductance increase over time that indicates the onset of a hot-flash event (Paragraph [0032]), and in response to the determination of a hot-flash event cause the thermoelectric device to cool the control surface (Paragraph [0089]); and wherein the skin conductance sensor continues to sense skin conductance without influence by the control surface while the control surface is cooled (Figure 5; wherein step 208 is applying the cooling sensation and skin conductance is measured again in step 212 which is seen as during the sensing of the skin conductance since step 222 is determining whether the symptoms were relieved therefore the end of cooling). However, Smith does not explicitly disclose a skin temperature sensor.
Polacek discloses a wearable thermoregulation device (Figure 1; Paragraph [0043]) comprising a temperature sensor that is configured to sense skin temperature over time (Figure 1, 110; Figure 3) and is isolated from effects generated by the thermoelectric device (Figure 2; wherein the temperature 110 is distanced on the skin away from the thermoelectric cooler 120). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have substituted the skin conductance sensor taught by Smith to use a skin temperature sensor as taught by Polacek. The motivation being a simple substitution of one known sensor, a skin conductance sensor, for another a skin temperature sensor to obtain predictable results of determining an onset of a temperature change event (MPEP 2143 (B)).
Regarding claim 8, Smith in view of Polacek disclose the wearable thermoregulation device of claim 1. Polacek also discloses wherein the controller comprises firmware that is configured to detect an upward inflection point in the sensed skin temperature over time (Figure 3, A & B). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention taught by Smith in view of Polacek to detect an upward inflection point. The motivation being the upward inflection point can signify a hot flash which can notify the controller to activate cooling (Polacek, Paragraph [0040])
Regarding claim 10, Smith in view of Polacek disclose the wearable thermoregulation device of claim 1. Smith also discloses further comprising at least one user input device (Paragraph [0056]; wherein the one user input device is a user interface which allows the user to start/end actuation, increase/decrease certain parameters and indicate yes/no to a query).
Regarding claim 11, Smith in view of Polacek disclose the wearable thermoregulation device of claim 10. Polacek also discloses wherein the controller is responsive to both the skin temperature sensor and the at least one user input device (Paragraph [0035]-[0036]; wherein the controller is responsive to the temperature sensor or can be controlled by a switch or dial controlled by the user). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention taught by Smith in view of Polacek to allow to controller to be responsive to both the skin temperature sensor and user input. The motivation being to allow the user to control the cooling as well as have pre-controlled cooling (Polacek, Paragraph [0035]-[0036])
Regarding claim 12, Smith in view of Polacek disclose the wearable thermoregulation device of claim 1. Smith also discloses wherein the controller is configured to control a cold level of the control surface based on both the sensed skin temperature and the at least one user input device (Paragraph [0031]; wherein controller settings can control a desired level of symptom relief based on parameters which can be sensed skin temperature or user input as disclosed in paragraph [0033]).
Regarding claim 15, Smith in view of Polacek disclose the wearable thermoregulation device of claim 1. Smith also discloses wherein the controller is configured to implement a control algorithm (Paragraph [0030]).
Regarding claim 16, Smith in view of Polacek disclose the wearable thermoregulation device of claim 15. Smith also discloses wherein the control algorithm is selected from a group of control algorithms consisting of a simple input/output map where a given discrete input is matched to a given discrete output (Figure 5, yes & no), a more complex input/output map where user input establishes a user preference history to modify the desired output map for a given input (Figure 5, 202; wherein user input establishes preference of initiating the actuator vs determining the state of the user), an even more complex input/output map where user input forms a time series user preference for a given input to further modify the desired output with respect to duration or other functionality (Figure 5, 210; user input to modify the operating parameters which are disclosed in paragraph [0022] as frequency of uses, duration, or intensities).
Regarding claim 17, Smith in view of Polacek disclose the wearable thermoregulation device of claim 15. Smith also discloses wherein the control algorithm is responsive to multiple inputs comprising at least biometric inputs (Figure 5, Paragraph [0033]; wherein states of user can comprises biometric inputs such as heart rate; heart rate variability/irregularity; blood pressure; brain/neuronal activity; respiratory rate; generalized physical activity levels; sleeping behavior and patterns; oxygen saturation levels; electrical activity of various muscles), direct inputs from a user (Figure 5, 210), implicit inputs (Figure 5, 208; wherein the operating parameters is an implicit input since the parameters are set variables unless changed later on by the user), and contextual inputs (Figure 5, 204; Paragraph [0033]; wherein the states of a user can trigger the operation of thermal sensations to the user such that a contextual inpyt triggers an algorithm to respond based on the input), all used to control the thermoelectric device in accordance with the user's desires (Figure 5).
Regarding claim 18, Smith in view of Polacek disclose the wearable thermoregulation device of claim 1. Smith also discloses wherein the controller is configured to prompt the user for user input regarding the hot-flash event (Figure 5, 222), including at least one of the hot-flash severity and factors that might contribute to the onset of the hot-flash (Paragraph [0019]; wherein user logged information can be used to create a log of frequency and severity of the symptoms)
Regarding claim 20, Smith in view of Polacek disclose the wearable thermoregulation device of claim 1. Polacek also discloses wherein the controller uses a proportional-integral-derivative (PID) control scheme (Paragraph [0034]; wherein the controller provides proportional, derivative, integral, or programmed process control, or any combination thereof, as well as any other type of process control). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention taught by Smith in view of Polacek to provide PID control scheme. The motivation being the controller can use many different types of process control to function the device (Polacek, Paragraph [0034]).
Claims 2-3 is rejected under 35 U.S.C 103 as being unpatentable over Smith and Polacek in further view of Lotsch (US 20150080769) herein referred to as Lotsch.
Regarding Claim 2, Smith in view of Polacek disclose the wearable thermoregulation device of claim 1. However, Smith in view of Polacek does not explicitly disclose wherein the controller is further configured to cause the thermoelectric device to stop cooling the control surface based at least in part on the sensed skin temperature.
Lotsch discloses a wearable thermoregulation device (Figure 1) wherein the controller is further configured to cause the thermoelectric device to stop cooling the control surface based at least in part on the sensed skin temperature (Paragraph [0024]). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the controller taught by Smith and Polacek to allow for cooling to be stopped by skin temperature. The motivation being to shut off cooling if temperature drops below a threshold value (Paragraph [0024]).
Regarding claim 3, Smith in view of Polacek disclose the wearable thermoregulation device of claim 1 wherein the skin temperature sensor comprises a temperature sensor (Polacek, Figure 1, 110). However, Smith in view of Polacek does not explicitly disclose wherein the skin temperature sensor comprises a metal surface that is configured to touch the user's skin.
Lotsch discloses a wearable thermoregulation device (Figure 1) wherein the skin temperature sensor comprises a metal surface that is configured to touch the user's skin (Abstract; wherein the cooling plate is made of metal; Paragraph [0024]; wherein the temperature sensor is built into the cooling plate). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the controller taught by Smith and Polacek to allow for the temperature to comprise a metal contact surface. The motivation being to directly document skin temperature as well as it is known in the art that metal is a good conductor (Polacek, Paragraph [0024])
Claim 4-6 is rejected under 35 U.S.C 103 as being unpatentable over Smith and Polacek in further view of Cheatham, III et al. (US 20170157431) herein referred to as Cheatham.
Regarding Claim 4, Smith in view of Polacek disclose the wearable thermoregulation device of claim 1. However, Smith in view of Polacek does not explicitly disclose a pulse oximeter carried by the carrier structure such that it is configured to be in direct contact with the user's skin and isolated from effects generated by the thermoelectric device such that heat or cold from the control surface does not directly interfere with the user's vasodilation sensed by the pulse oximeter, wherein the pulse oximeter has an output that is in communication with the controller.
Cheatham discloses a wearable thermoregulation device (Figure 9) comprising a pulse oximeter carried by the carrier structure such that it is configured to be in direct contact with the user's skin and isolated from effects generated by the thermoelectric device such that heat or cold from the control surface does not directly interfere with the user's vasodilation sensed by the pulse oximeter (Paragraph [0068]; wherein activity sensor 108’ can be a pulse oximetry sensor; Figure 9; wherein 108’ is carried by carrier structure 902 such that it can be seen that the effects of the thermoelectric device 910 do not interfere with the signals from the pulse oximetry sensor), wherein the pulse oximeter has an output that is in communication with the controller (Paragraph [0106]; wherein sensors output signals to the control system). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the device taught by Smith and Polacek to include a pulse oximeter as taught by Cheatham. The motivation being to monitor physiological parameters such as vasoconstriction (Cheatham, Paragraph [0118]).
Regarding Claim 5, Smith and Polacek in further view of Cheatham disclose the wearable thermoregulation device of claim 4. Cheatham discloses wherein the controller is configured to use the pulse oximeter output as a measure severity of pain (Paragraph [0118]). Smith also discloses wherein the controller is configured to use the treatment output to measure severity of a hot flash (Paragraph [0089]). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the device taught by Smith and Polacek in further view of Cheatham to use a pulse oximeter output to measure the severity of a hot flash. The motivation being a simple substitution of one known output, a pulse oximeter output, for another, treatment output to obtain predictable results of allowing for a measure of severity to be found. (MPEP 2143 (B))
Regarding Claim 6, Smith and Polacek in further view of Cheatham disclose the wearable thermoregulation device of claim 4. Cheatham also discloses wherein the skin temperature sensor is thermally isolated from the control surface of the thermoelectric device such that heat or cold from the control surface does not interfere with the skin temperature sensed by the skin temperature sensor (Figure 9, 108; wherein it can be seen that the effects of the thermoelectric device 910 do not interfere with the signals from temperature sensor 108), and wherein the pulse oximeter is thermally isolated from the control surface of the thermoelectric device such that heat or cold from the control surface does not directly interfere with the user's vasodilation sensed by the pulse oximeter (Figure 9; wherein 108’ is carried by carrier structure 902 such that it can be seen that the effects of the thermoelectric device 910 do not interfere with the signals from the pulse oximetry sensor). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the device taught by Smith and Polacek in further view of Cheatham to allow for no interference between elements. The motivation being using a known technique, separation of elements to avoid interference to improve similar devices in the same way such that no interference between elements will allow for better and more accurate signals (MPEP 2143 (D)).
Claim 7 & 9 is rejected under 35 U.S.C 103 as being unpatentable over Smith and Polacek in further view of Callister et al. (US 20060122673) herein referred to as Callister.
Regarding Claim 7, Smith in view of Polacek disclose the wearable thermoregulation device of claim 1. However, Smith in view of Polacek does not explicitly disclose wherein the controller comprises firmware that is configured to smooth temperature sensor data.
Callister discloses a thermoregulation device (Figure 1) wherein the controller comprises firmware that is configured to smooth temperature sensor data (Paragraph [0022]). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the controller taught by Smith in view of Polacek to include firmware that smooth temperature sensor data. The motivation being to more accurately approximate the actual temperature being measured (Callister, Paragraph [0022]).
Regarding Claim 9, Smith in view of Polacek disclose the wearable thermoregulation device of claim 1. However, Smith in view of Polacek does not explicitly disclose wherein the controller comprises firmware that is configured to sum temperature data from a plurality of separate temperature sensors.
Callister discloses a thermoregulation device (Figure 1) wherein the controller comprises firmware that is configured to sum temperature data from a plurality of separate temperature sensors (Paragraph [0177]; wherein multiple temperature signals are averaged together; such that averaging data includes summing them all together). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the controller taught by Smith in view of Polacek to include firmware as taught by Callister. The motivation being to use as an input to control the heating/cooling temperature (Callister, Paragraph [0177]).
Claim 13 is rejected under 35 U.S.C 103 as being unpatentable over Smith and Polacek in further view of Fletcher et al. (US 20110004072) herein referred to as Fletcher.
Regarding Claim 13, Smith in view of Polacek disclose the wearable thermoregulation device of claim 1. However, Smith in view of Polacek does not explicitly disclose wherein the device creates outputs that are input in a typical neural net or other machine learning technique to add safety dimensions to device operation.
Fletcher discloses a wearable thermoregulation device (Figure 3) wherein the device creates outputs that are input in a typical neural net or other machine learning technique to add safety dimensions to device operation (Paragraph [0021]; wherein physiological data is outputted from the device and inputted into a machine learning algorithm; Paragraph [0156]; wherein the machine learning algorithm can detect dangerous states and trigger warnings which is seen as a safety dimension to device operation). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the device taught by Smith in view of Polacek to include the machine learning technique as taught by Fletcher. The motivation being to detect dangerous states to ensure user is getting proper treatment (Fletcher, Paragraph [0156]).
Claim 14 is rejected under 35 U.S.C 103 as being unpatentable over Smith, Polacek and Fletcher in further view of Farrago et al. (US 20140379058) herein referred to as Farrago.
Regarding Claim 14, Smith and Polacek in further view of Fletcher disclose the wearable thermoregulation device of claim 13. However, Smith and Polacek in further view of Fletcher does not explicitly disclose wherein the outputs comprise at least one of % current temperature of the thermoelectric device, and % duration of operation of the thermoelectric device.
Farrago discloses a wearable thermoregulation device (Figure 1A) wherein an outputs comprise at least one of % current temperature of the thermoelectric device, and % duration of operation of the thermoelectric device (Paragraph [0059]; wherein device outputs % current temperature of the cooling device after 1 hour which is seen as 100% duration of the operation of the cooling device). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the output as taught by Smith, Polacek in further view of Fletcher to be the outputs as taught by Farrgo. The motivation being to output the thermoelectric coolers temperature after a certain duration of operation (Farrago, Paragraph [0059]).
Claim 19 is rejected under 35 U.S.C 103 as being unpatentable over Smith and Polacek in further view of Levinson et al. (US 20090018626) herein referred to as Levinson.
Regarding Claim 19, Smith in view of Polacek disclose the wearable thermoregulation device of claim 1. However, Smith in view of Polacek does not explicitly disclose wherein the controller is configured to use a rolling buffer lookback technique that allows for more detailed reporting with a defined data memory size.
Levinson discloses a thermoregulation device (Figure 1) wherein the controller is configured to use a rolling buffer lookback technique that allows for more detailed reporting with a defined data memory size (Paragraph [0073]; wherein a circular buffer is a rolling buffer lookback technique, stores data list in a defined data memory size, which the size is not stated, such that it allows for more detailed reporting such that the list contains multiple fields). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the controller taught by Smith in view of Pollack to include a rolling buffer lookback technique as disclosed by Levinson. The motivation being to replace old data and update the data from time to time which will allow for the storage to never have to be replaced (Levinson, Paragraph [0073]).
Conclusion
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ALYSSA M. PAPE
Examiner
Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
Prosecution Insights