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 .
This action is responsive to communication filed on 08/09/2024.
Claims 1-20 are pending.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,094,614 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims recite the broader embodiment of US Patent No 12,094,614 B2, specially omitting the limitation "(ii) prescribe an action that, when carried out, modifies the parameter, resulting in an improvement of sleep of the individual" claimed in the independent claims of the granted patent.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 5, 10, 11, 15 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kamimura (US 20160270205 A1) in view of McMahon (US 20180120420 A1) in view of Jeng et al. (US 5243493 A).
Regarding claims 1 and 11, Kamimura discloses an apparatus and method (Fig. 1, see more details in Figures 2-13) configured to generate a signal (see para. 0023, video telephone set) for person monitoring, comprising:
a housing (fig. 1, element 2) having an inner region and an exterior region enclosing the inner region (Fig. 12, element 2D; fig. 13, element 2E);
a plurality of openings configured on the exterior region (figs. 1, element 2b, see also Fig. 12 and 13) and that communicate with the inner region (Fig. 1, para. 0022, where openings 2b are provided);
at least one processor within the inner region; at least one non-transitory computer-readable medium comprising instructions to cause the at least one processor to execute instruction (see Fig. 1, element 21(2a); Figs. 2 and 3, element 4, para. 0023);
and a natural convection spatial flow path flowing from the inner region and through at least one of the plurality of openings to the exterior region to draw heat from the at least one processor (see Fig. 10 and 12, para. 0050-0051, the air flow in the air passage 57 is not limited to, for example, a forced flow by natural convection or the like generated along with heat generation, etc. inside the housing 2)
However, Kamura is silent as to disclosing radio frequency (RF) components including an RF transmit antenna coupled to an RF generator and an RF receive antenna coupled to an RF receiver, the RF transmit antenna configured to emit RF signals and the receive antenna configured to receive backscattered RF signals derived from the emitted RF signals, the RF components being disposed within the inner region; at least one non-transitory computer-readable medium within the inner region comprising instructions to cause the at least one processor to determine a parameter associated with a status of a person based on the received backscattered RF signals; and the RF components without use of a fan, thereby avoiding fan-produced noise and vibration.
McMahon discloses the apparatus (100 of fig. 1, see details in figures 2 and 3) configured to generate radiofrequency (RF) energy for sleep monitoring (figs. 1-3, Transmitted RF and Reflected RF of figs. 2 and 3) comprising radio frequency (RF) components (TX and RX of figs. 2 and 3) including an RF transmit antenna (RF transmitter of fig. 2, [0212]) coupled to an RF generator ((e.g. RF Oscillator, Pulse, TX of fig. 3)) and an RF receive antenna (RF receiver of fig. 2, [0212]) coupled to an RF receiver (IF of fig. 3), the RF transmit antenna configured to emit RF signals (fig. 1) and the receive antenna configured to receive backscattered RF signals derived from the emitted RF signals (figs. 2 and 3, [0015, 0017, 0026, 0028] reflected ones, [0075] reflected waves and reflected signals), the RF components being disposed within the inner region (see Fig. 1, element 100, where it is implied that the components are disposed within the inner region of device 100);
McMahon further discloses the apparatus may include a processor configured to evaluate the output signals and determine a parameter associated with a status of a person based on the received backscattered RF signals (see para. 0015, 0018, 0025, where apparatus evaluate the motion output signals and identify a motion based on any or more of amplitude and frequency from the motion output signals)
Jeng discloses and the RF components without use of a fan, thereby avoiding fan-produced noise and vibration (see (B) a housing (fig. 1) without the use of a fan thereby avoiding fan-produced noise and vibration (fig. 1, Col. 4, lines 3-4, a fanless convection cooling system which houses electronic components).
Jeng discloses the housing having openings (20, 22, 24, 26 of fig. 1, 23 and 25 of fig. 2, 36 of fig. 2) and a heat sink (12 figs. 3-5) for cooling down the electronic components (30 and 38-40 of fig. 4).
Taking the teachings of Kamimura, McMahon, and Jeng together as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sleep monitoring device of McMahon and the fanless natural convection unit of Jeng into the apparatus of Kamimura to provide suggestions for changes the user can make to improve his or her sleep or potentially ameliorate the symptoms of a detected potential sleep disorder, and generate suggestions of features of the system that the user can leverage to improve their sleep and no noise during sleep; and to configure the system of Kamimura with at least one non-transitory computer-readable medium within the inner region comprising instructions to cause the at least one processor in order to provide a means for storing instructions and capable of storing data to be accessed and evaluated.
Regarding claim 5 and 15, the combination of Kamimura, McMahon, and Jang disclose the materials discussed with respect to claims 1 and 11.
Kamimura fails to teach; however, McMahon further discloses the parameter associated with the status is determined based on a change in the backscattered signal (see abstract, para. 0003, 0093, 0101).
Therefore it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to configure the system of Kamimura as modified by McMahon and Jang with parameter associated with the status is determined based on a change in the backscattered signal such that particular motions or gestures can be identified by the system based on the calculated differences.
Regarding claims 10 and 20, the combination of Kamimura, McMahon, and Jang disclose the materials discussed with respect to claims 1 and 11.
Kamimura fails to teach; however, McMahon further discloses wherein the status includes sleep (para. 0010, 0071, 0197).
Therefore it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to configure the system of Kamimura as modified by McMahon and Jang wherein the status includes sleep such that particular motions or gestures can be identified by the system based on the calculated differences and to provide suggestions for changes the user can make to improve his or her sleep or potentially ameliorate the symptoms of a detected potential sleep disorder, and generate suggestions of features of the system that the user can leverage to improve their sleep and no noise during sleep
Claim(s) 2 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kamimura (US 20160270205 A1) in view of McMahon (US 20180120420 A1) in view of Jeng et al. (US 5243493 A) in further view of MacManus et al. US2011/0188205A1.
Regarding claim 2 and 12, the combination of Kamimura, McMahon, and Jang disclose the materials discussed with respect to claim 1 and 11.
However the combination is silent as to disclosing a heat sink having a plurality of fins, the heat sink coupled to the at least one processor and the RF components and wherein the natural convection spatial flow path flows along and between adjacent fins
McMannus discloses a heat sink having a plurality of fins, the heat sink coupled to the RF components (see para. 0003, 0005, 0009) and wherein the natural convection spatial flow path flows along and between adjacent fins (see abstract, para. 0009 “heat sink”, 0010, “plurality of fins”).
Therefore it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to configure the system of Kamimura as modified by McMahon and Jang with a heat sink as disclosed by McMannus such that a heat sink having a plurality of fins, the heat sink coupled to the at least one processor and the RF components and wherein the natural convection spatial flow path flows along and between adjacent fins in order to provide an enhanced system with effective thermal management (para. 0003).
Claim(s) 3 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kamimura (US 20160270205 A1) in view of McMahon (US 20180120420 A1) in view of Jeng et al. (US 5243493 A) in further view of Halstvedt US20180121508.
Regarding claim 3 and 13, the combination of Kamimura, McMahon, and Jang disclose the materials discussed with respect to claim 1 and 11.
However the combination is silent as to disclosing the at least one processor includes a processor optimized for artificial intelligence algorithms.
Halstvedt discloses small computer processors being optimized for the minimum power consumption for artificial intelligence processing tasks in power-constrained, heat-constrained, data centers (para. 0050).
Given the teachings of Halsvedt it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to configure the system of Kamimura as modified by McMahon and Jang with at least one processor includes a processor optimized for artificial intelligence algorithms for the benefit of providing the system with a processor designed specifically with artificial intelligence workloads which offers significant performance, efficiency and cost benefits compared to general purpose CPUs.
Claim(s) 4, 8-9, 14, and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kamimura (US 20160270205 A1) in view of McMahon (US 20180120420 A1) in view of Jeng et al. (US 5243493 A) in further view of Tran (US 20140249429 A1).
Regarding claim 4 and 14, the combination of Kamimura, McMahon, and Jang disclose the materials discussed with respect to claims 1 and 11.
Kamimura fails to teach; however, McMahon disclose a speaker (see para. 0213).
However the combination is silent as to disclosing a speaker located beneath the at least one processor and the RF components.
Tran discloses a system for monitoring fitness activity of an user, the system comprising an antenna for transmitting or receiving radio frequency signals, a housing containing a processor and a speaker (see para. 0060).
Given the teachings of Tran it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to configure the system of Kamimura as modified by McMahon and Jang with a speaker with the at least one processor and the RF components for the benefit of providing the system with a means to emit alerts to an user and enabling system to communicate with the user.
The system is silent as to disclosing the particular arrangement of “a speaker located beneath the at least one processor and the RF components”. However, the placement of a speaker beneath the at least one processor and the RF components would have been a matter of engineering design choice since this would be the best engineering design choice for that system in particular (see MPEP § 2144.04(I)).
Therefore it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to locate a speaker beneath the at least one processor and the RF components as this may offer mechanical, acoustic and system benefits desired as to improve acoustic performance and space efficiency.
Regarding claim 8 and 18, the combination of Kamimura, McMahon, and Jang disclose the materials discussed with respect to claims 1 and 11.
However the combination is silent as to disclosing a microphone that receives an audio signal from the person or from an environment in which the person is located.
Tran discloses a microphone that receives an audio signal from the person or from an environment in which the person is located (para. 0060, 0196, 0310, 0312, where the monitoring device comprise a microphone to pick up voice during verbal communication and pick up heart sound when user is not using microphone for voice communication).
Given the teachings of Tran it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to configure the system of Kamimura as modified by McMahon and Jang with a microphone that receives an audio signal from the person or from an environment in which the person is located for the benefit of providing the system with a means to pick up voice during verbal communication and to pick up vital signs (i.e. heart sounds, breathing and other noise) when user is not using microphone to an user and enabling system to communicate with the user (see para. 0280).
Regarding claim 9 and 19, the combination of Kamimura, McMahon, Jang and Tran disclose the materials discussed with respect to claim 8 and 18.
Tran further discloses to cause the at least one processor to associate the audio signal with a factor that affects the status of the person (see para. 0060, where a processor is disclosed; para. 0280, where audio signal can be received through a microphone during a sleep diagnostic recordings for detecting breathing and other noise; see para. 0283 the microphone can also be used to pick up heart rate information).
Given the teachings of Tran it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to configure the system of Kamimura as modified by McMahon and Jang such that at least one processor to associate the audio signal with a factor that affects the status of the person for the benefit of providing the system with a means assess the status of the human by assessing breathing and other noise during sleep study, assessing heart rate information.
Claim(s) 6-7 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kamimura (US 20160270205 A1) in view of McMahon (US 20180120420 A1) in view of Jeng et al. (US 5243493 A) in further view of Qi et al. US20180279892A1.
Regarding claim 6 and 16, the combination of Kamimura, McMahon, and Jang disclose the materials discussed with respect to claims 1 and 11.
However although McMahon is capable of detecting motion of a person (see abstract),
the combination of references is silent as to disclosing the backscattered signal is caused by a vibration of at least a portion of a body of the person and thereby the backscattered signal indicates that the vibration has occurred.
Qi discloses signal detecting module detecting signals related to movement of vibration during human motion in order to remove the noise due to the movement (see para. 0070, 0100).
Given the teachings of Qi it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to configure the system of Kamimura as modified by McMahon and Jang such that backscattered signal is caused by a vibration of at least a portion of a body of the person and thereby the backscattered signal indicates that the vibration has occurred for the benefit of providing the system with means for accurately detecting motion of a person and to access the noise due to the movement or vibration signals during a human motion.
Regarding claim 7 and 17, the combination of Kamimura, McMahon, and Jang disclose the materials discussed with respect to claims 6 and 16.
However the combination of Kamimura, McMahon, and Jang do not disclose the parameter associated with the status comprises a vital sign that is determined based at least in part on the vibration.
Qi further discloses the parameter associated with the status comprises a vital sign that is determined based at least in part on the vibration (see abstract, para. 0053, 0070, 0093, 0100, where a difference between different signals associated with motions/vibration and such that vital signs can be accurately determined, see para. 0053).
Given the teachings of Qi it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to configure the system of Kamimura as modified by McMahon and Jang the parameter associated with the status comprises a vital sign that is determined based at least in part on the vibration for the benefit of providing the system with means for monitoring the vital signs of a living body and to differentiate vibration/movements in order to accurately determine vital signs by removal of noise influences from vibrations due to human motion.
Conclusion
The prior art made of record cited in form PTOL-892 and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YARITZA H PEREZ BERMUDEZ whose telephone number is (571)270-1520. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelby A Turner can be reached at (571) 272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YARITZA H PEREZ BERMUDEZ/Examiner, Art Unit 2857
/JORDAN L JACKSON/Primary Examiner, Art Unit 2857
