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.
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 21, 22, 23, 30, 31, 32, 34, 35, 37, 38, are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 10, 17 of U.S. Patent No. 12082276 B1. Although the claims at issue are not identical, they are not patentably distinct from each other because removing inherent and/or unnecessary limitations/step and rearranging the claims would be within the level of one of ordinary skill in the art. It is well settled that the omission of an element, e.g.” removing “ detecting and replacing by receiving”… and rearranging the order in claim 21; it means that if we incorporate claims, 22, 23, into claim 21, we obtain exactly all the features of claim 1; in addition, incorporating claims 34, 35 in claim 30, we obtain 10 of U.S. Patent No. 12058746 B2 ; incorporating claims 37, 38 into claim 37, we obtain claim 17 of U.S. Patent No. 12058746 B2 ….”, and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 USPQ 375 (Bd. App. 1969). Omission of a reference element or step whose function is not needed would be obvious to one of ordinary skill in the art.
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 21-23, 25-27, 30-40 are rejected under 35 U.S.C. 103 as being unpatentable over Boesen (US 20180121623 A1) in view of Bakshi et al (US 20160294973 A1).
Regarding claim 21, Boesen discloses a method (fig. 1, fig. 5) for using a personal device (wireless earpieces 102) to interact with a peripheral device (wireless device 104 or personal computer 118; note that the computing device may include any number of processors, motherboards, chips, transceivers, peripherals, sensors, displays, cards, ports, adapters; in addition, a wireless earpiece includes a transceiver communicating with at least one a wireless device; paragraph 0007, 0031, 0070), the method comprising: receiving (receiving user preferences associated with the wireless earpieces) a pairing message (the information may be presented by one or more speakers and user input may be received through one or more microphones of the wireless earpieces; the user may also provide the user preferences utilizing free form text; the pairs of wireless earpieces may be linked with other pairs of wireless earpieces ; paragraph 0037, 0099-0100, 0048), generated by the peripheral device (the wireless earpieces may be linked with a cell phone by a Bluetooth connection; the process may require that the devices be paired utilizing an identifier, such as a passcode, password, serial number, voice identifier, radio frequency, or so forth ; paragraph 0089), in response to a user interaction with the peripheral device (in response to determining the request is implementable by the wireless earpieces 502, the wireless earpieces 502 retrieve information and data from the medical databases to fulfill the request; paragraph 0094); receiving, at the personal device, a cryptographic signature (read as: data, files, or messages lock with a secure code to prove the authenticity, and origin of digital messages such as pairing message; digital compilations and files ; paragraph 0037, 0050) from the peripheral device (for instance, the wireless earpieces may be linked with a cell phone by a Bluetooth connection, where the process may require that the devices be paired utilizing an identifier, such as a passcode, password, serial number, voice identifier, radio frequency, or so forth; user inputs sensed by the wireless earpieces; sensor data: note that the sensor is the device’s output that measures a physical quantity and transforms it into a digital signal; paragraph 0057, 0068, 0089); in response to receiving the pairing message (user input may be received through one or more microphones of the wireless earpieces; the user may also provide the user preferences utilizing free form text; paragraph 0099-0100) and the cryptographic signature, establishing a dedicated wireless connection with the peripheral device (the user input may be determined by the wireless earpieces 102 and converted into authorization commands that may be sent to one or more external devices, such as the wireless device 104, the personal computer 118, a tablet computer; the wireless earpieces may perform sensor measurements for the user to read any number of user biometrics ; paragraph 0079, 0084); receiving (the sensors may receive user input and convert the user input into commands or selections made across the personal devices of the personal area network; for instance, the user input detected by the wireless earpieces may include voice commands, head motions, finger taps, finger swipes, motions or gestures; paragraph 0057, 0068) a real-time data stream over the dedicated wireless connection (the user input may be received, parsed, and converted into commands, queries, and requests associated with the input that may be utilized internally by the wireless earpieces or sent to one or more external devices, such as a tablet computer, smart phone, laptop, or so forth; the wireless earpieces may perform sensor measurements for the user to read any number of user biometrics; paragraph 0079, 0101), the real-time data stream comprising data related to one or more physical parameters for the user that are detected by the peripheral device (detecting user biometrics, environmental conditions, location, utilization, orientation, motion; furthermore, the sensors 112 may receive user input and convert the user input into commands or selections made across the personal devices of the personal area network; for instance, the user input detected by the wireless earpieces 102 may include voice commands, head motions, finger taps, finger swipes, motions or gestures, or other user inputs sensed by the wireless earpieces; paragraph 0090, 0104); and outputting (the sensors 217 may provide measurements or data that may be utilized to select, activate, or otherwise utilize the medical engine 218), to a user (the logic engine 210 may control actions implemented the medical engine 218 in response to any number of measurements from the sensors 217, the transceiver 216, the user interface 214, or the physical interface 215 as well as user preferences 222 that may be user entered or default preferences; note that the logic engine 210 may initialize or otherwise use the medical engine 218 in response to any number of factors, conditions, parameters, measurements, data, values, or other information specified within the logic engine 210 or by the user preferences 222 ; biometric data may be periodically communicated or synchronized between the wireless earpieces 502 and the wireless device 504; paragraph 0032, 0094, 0084). Note that the medical engine may be accessed through a separate wireless device with the wireless earpieces acting as an input/output device for providing voice, gesture, touch, or other input to control, manage, or interact with the medical engine (paragraph 0032, 0048).
However, Boesen does not specifically disclose the features of outputting to a user, information at least partially based on data received from the peripheral device via the real-time data stream.
On the other hand, Bakshi et al, from the same field of endeavor, discloses the features of outputting to a user (the user device 110 may present user output to the user 140 via the peripheral device 160; the user 140 may use the peripheral device 160 to interact with the user device 110; paragraph 0013), information at least partially based on data received from the peripheral device via the real-time data stream (the peripheral device 160 receives user input from the user 140, and the peripheral device 160 transmits a signal associated with the user input a data packet including the device identity 170 and a command payload; paragraph 0039); furthermore, receiving (the peripheral device 160 receives user input from the user 140, and the peripheral device 160 transmits a signal associated with the user input a data packet including the device identity 170 and a command payload; paragraph 0039) an input at the personal device in response to outputting the information to the user (the user device 100 may initiate establishing a connection with the digital pen 210 in response to the advertising packet and switch to a secure connection mode ; paragraph 0025); and transmitting a command to the peripheral device in response to receiving the input (user devices 110 configured to monitor for this device identity 170 receive notification of the advertising packet from the API, decode the command payload, and perform a desired action associated with the command payload; paragraph 0024) the command modifying a current function being executed by the peripheral device (the peripheral device 160 may transmit a signal indicating a presence of the peripheral device 160 or requesting a secure connection, and the user device 110 may detect the signal, acknowledge the presence of the peripheral device 160, and confirm the secure connection; paragraph 0014).
Bakshi et al also shows in figure 1, an environment that includes one or more user devices 110 (tablet, smartphone, television, video game console, desktop, laptop). A cloud-based server 120 is coupled to the user devices 110 via a network 130 (paragraph 0010, 0012). Note that television, video game console, security systems, gaming devices, music players, personal digital assistants, vehicle systems are real-time data stream. Real-time data streaming is a technology that enables the collection and processing of data from multiples sources in real time to derive insights. One or more peripheral devices 160 (digital pen, keyboard, mouse, remote control, monitor, speaker, printer) are coupleable to the user device 110 or to the server 120, such that the peripheral device 160 is configured to interact with the user device 110 (paragraph 0013). Furthermore, the peripheral device 160 is configured to be paired with the user device 110, such that the peripheral device 160 is identified or recognized as a device authorized to interact with the user device 110. For example, the peripheral device 160 may transmit a signal indicating a presence of the peripheral device 160 or requesting a secure connection, and the user device 110 may detect the signal, acknowledge the presence of the peripheral device 160, and confirm the secure connection (paragraph 0013-0014). In addition, the digital pen 210 may signal an event or action by sending a BLUETOOTH brand low energy advertising packet including or associated with the device identity 170 and a customized command payload (paragraph 0014, 0023). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to apply the technique of Bakshi to the communication system of Boesen in order to enable a peripheral device to be paired with one or more user devices at a given time.
Regarding claim 22, Boesen as modified discloses a method (fig. 1, fig. 5) for using a personal device (wireless earpieces 102) to interact with a peripheral device (wireless device 104 or personal computer 118; note that the computing device may include any number of processors, motherboards, chips, transceivers, peripherals, sensors, displays, cards, ports, adapters; in addition, a wireless earpiece includes a transceiver communicating with at least one a wireless device; paragraph 0007, 0031, 0070), wherein establishing the dedicated wireless connection comprises establishing a secure connection with the peripheral device using data of the user detected by the personal device (the user input may be determined by the wireless earpieces 102 and converted into authorization commands that may be sent to one or more external devices, such as the wireless device 104, the personal computer 118, a tablet computer; the wireless earpieces may perform sensor measurements for the user to read any number of user biometrics; in addition, the user 106 may create a specific head motion and voice command that when detected by the wireless earpieces 102 are utilized to send a request to the medical engine (implemented by the wireless earpiece or wireless earpieces 102/wireless device 104) to perform actions; paragraph 0079, 0084).
Regarding claim 23, Boesen as modified discloses a method (fig. 1, fig. 5) for using a personal device (wireless earpieces 102) to interact with a peripheral device (wireless device 104 or personal computer 118; note that the computing device may include any number of processors, motherboards, chips, transceivers, peripherals, sensors, displays, cards, ports, adapters; in addition, a wireless earpiece includes a transceiver communicating with at least one a wireless device; paragraph 0007, 0031, 0070), wherein: the data comprises one or more physiological parameters of the user; and the personal device establishes the secure connection using the one or more physiological parameters (the user input detected by the wireless earpieces may include voice commands, head motions, finger taps, finger swipes, motions or gestures, or other user inputs sensed by the wireless earpieces; sensor data: note that the sensor is the device’s output that measures a physical quantity and transforms it into a digital signal; paragraph 0057, 0068).
Regarding claim 25, Boesen as modified discloses a method (fig. 1, fig. 5) for using a personal device (wireless earpieces 102) to interact with a peripheral device (wireless device 104 or personal computer 118; note that the computing device may include any number of processors, motherboards, chips, transceivers, peripherals, sensors, displays, cards, ports, adapters; in addition, a wireless earpiece includes a transceiver communicating with at least one a wireless device; paragraph 0007, 0031, 0070), wherein outputting the information comprises displaying the one or more physical parameters of the user on a display of the personal device (the computing device 204 may act as a logging tool for receiving information, data, or measurements made by the wireless earpieces 202; for example, the computing device 204 may download data from the wireless earpieces 202 in real-time; as a result, the computing device 204 may be utilized to store, display, and synchronize data for the wireless earpieces 202; in addition, the computing device 204 may display pulse, proximity, location, oxygenation, distance, calories burned, and so forth as measured by the wireless earpieces 202; the computing device 204 may be configured to receive and display an interface, selection elements, and alerts that indicate conditions to implement the medical engine; paragraph 0052).
Regarding claim 26, Boesen as modified discloses a method (fig. 1, fig. 5) for using a personal device (wireless earpieces 102) to interact with a peripheral device (wireless device 104 or personal computer 118; note that the computing device may include any number of processors, motherboards, chips, transceivers, peripherals, sensors, displays, cards, ports, adapters; in addition, a wireless earpiece includes a transceiver communicating with at least one a wireless device; paragraph 0007, 0031, 0070), further comprising, in response to establishing the dedicated wireless connection, activating an application at the personal device that is associated with the peripheral device (the sensors 217 may provide measurements or data that may be utilized to select, activate, or otherwise utilize the medical engine 218; for example, an application executed by the wireless device 104 may be utilized to specify the conditions that may “wake up” the wireless earpieces 102 to automatically or manually communicate information, warnings, data, or status information to the user; paragraph 0040), wherein the application is activated prior to the personal device detecting the defined sequence of movements (the medical engine may be accessed through a separate wireless device with the wireless earpieces acting as an input/output device for providing voice, gesture, touch, or other input to control, manage, or interact with the medical engine; paragraph 0032, 0048).
Regarding claim 27, Boesen as modified discloses a method (fig. 1, fig. 5) for using a personal device (wireless earpieces 102) to interact with a peripheral device (wireless device 104 or personal computer 118; note that the computing device may include any number of processors, motherboards, chips, transceivers, peripherals, sensors, displays, cards, ports, adapters; in addition, a wireless earpiece includes a transceiver communicating with at least one a wireless device; paragraph 0007, 0031, 0070), further comprising: receiving an input at the personal device in response to outputting the information to the user the computing device 204 may display pulse, proximity, location, oxygenation, distance, calories burned, and so forth as measured by the wireless earpieces 202; the computing device 204 may be configured to receive and display an interface, selection elements, and alerts that indicate conditions to implement the medical engine; for example, the wireless earpieces 202 may utilize factors, such as keywords (patient, treatment, pain medication, prescription, surgery); paragraph 0052, 0061, 0065); and transmitting a command to the peripheral device in response to receiving the input, the command modifying a current function being executed by the peripheral device (a wireless earpiece includes a transceiver communicating with at least one a wireless device; paragraph 0007, 0031, 0070).
Regarding claims 30, 31, 32, Boesen discloses a method (fig. 1, fig. 5) for operating a peripheral device (wireless device 104 or personal computer 118; note that the computing device may include any number of processors, motherboards, chips, transceivers, peripherals, sensors, displays, cards, ports, adapters; in addition, a wireless earpiece includes a transceiver communicating with at least one a wireless device; paragraph 0007, 0031, 0070), comprising: sending (wireless earpieces 102; receiving user preferences associated with the wireless earpieces) a pairing message (the information may be presented by one or more speakers and user input may be received through one or more microphones of the wireless earpieces; the user may also provide the user preferences utilizing free form text; paragraph 0099-0100, 0048), from the peripheral device (the wireless earpieces may be linked with a cell phone by a Bluetooth connection; the process may require that the devices be paired utilizing an identifier, such as a passcode, password, serial number, voice identifier, radio frequency, or so forth ; paragraph 0089), in response to a user interaction with the peripheral device (in response to determining the request is implementable by the wireless earpieces 502, the wireless earpieces 502 retrieve information and data from the medical databases to fulfill the request; paragraph 0094); receiving (the sensors may receive user input and convert the user input into commands or selections made across the personal devices of the personal area network) a connection request from first and second personal devices (user input may be received through tactile input, gestures near the wireless earpieces ; paragraph 0103-0104); receiving a connection request from a personal device (the sensors may receive user input and convert the user input into commands or selections made across the personal devices of the personal area network; for instance, the user input detected by the wireless earpieces may include voice commands, head motions, finger taps, finger swipes, motions or gestures; paragraph 0057, 0068); evaluating (the wireless earpieces include a number of sensors for measuring user biometrics, the user's environment, and other applicable information; paragraph 0057, 0101) one or more criteria associated with one or more personal devices within a wireless range of the peripheral device (the user preferences may specify when the distinct sensor arrays are activated to perform measurements; the sensors 217 may be integrated with the user interface 214 to detect or measure the user input ; paragraph 0068, 0101); in response to evaluating the one or more criteria (in response to determining the request is implementable by the wireless earpieces 502 during step 508, the wireless earpieces 502 retrieve information and data from the medical databases to fulfill the request; paragraph 0094), establishing a dedicated wireless connection with a first personal device of the one or more personal devices (the user input may be determined by the wireless earpieces 102 and converted into authorization commands that may be sent to one or more external devices, such as the wireless device 104, the personal computer 118, a tablet computer; the wireless earpieces may perform sensor measurements for the user to read any number of user biometrics; in addition, the user 106 may create a specific head motion and voice command that when detected by the wireless earpieces 102 are utilized to send a request to the medical engine (implemented by the wireless earpiece or wireless earpieces 102/wireless device 104) to perform actions, such as provide medical definitions, record conversations or environmental noise, search precedent for a cited case, provide stress analysis of other user's voices; paragraph 0079, 0084); receiving (the sensors 112 may receive user input and convert the user input into commands or selections made across the personal devices of the personal area network; paragraph 0090, 0104) a command from the first personal device related to the user interaction with the peripheral device (the user input detected by the wireless earpieces 102 may include voice commands, head motions, finger taps, finger swipes, motions or gestures, or other user inputs sensed by the wireless earpieces; paragraph 0084, 0099).
However, Boesen does not specifically disclose the features of receiving the command, transmitting a data stream over the dedicated wireless connection to the personal device, the data stream comprising data related to one or more physical parameters for the user that are detected by the peripheral device.
On the other hand, Bakshi et al, from the same field of endeavor, disclose the features of receiving the command (the user interface 330 includes or is coupled to an input device configured to receive information, such as user commands, from the user 340; in addition, user devices 110 paired with the peripheral device 160 may receive the signal, determine whether to perform an operation associated with the user input, or perform the operation associated with the user input; paragraph 0024, 0031, 0039), transmitting a data stream over the dedicated wireless connection to the personal device (the peripheral device 160 receives user input from the user 140, and the peripheral device 160 transmits a signal associated with the user input a data packet including the device identity 170 and a command payload; paragraph 0039), the data stream (systems or devices may accept input from the user in any way, including from input devices such as a keyboard or pointing device, via gesture input, proximity input; the digital pen 210 may signal an event or action (click) by sending a BLUETOOTH brand low energy advertising packet including or associated with the device identity 170 and a customized commands payload; paragraph 0014, 0039, 0052) comprising data related to one or more physical parameters for the user that are detected by the peripheral device (the user device 110 or to the server 120, such that the peripheral device 160 is configured to interact with the user device 110 ; one or more user devices 110 paired with the peripheral device 160 may receive the signal, determine whether to perform an operation associated with the user input, or perform the operation associated with the user input; paragraph 0013, 0039). For example, the peripheral device 160 may transmit a signal indicating a presence of the peripheral device 160 or requesting a secure connection, and the user device 110 may detect the signal, acknowledge the presence of the peripheral device 160, and confirm the secure connection. Note that a device identity 170 identifying the peripheral device 160, that is transmitted from the peripheral device 160 to the user device 110, and the user device 110 compares the device identity 170 to an expected value (using a hashing algorithm or lookup table) to determine an integrity of the device identity 170 (paragraph 0014-0016).
Bakshi et al also shows in figure 1, an environment that includes one or more user devices 110 (tablet, smartphone, television, video game console, desktop, laptop). A cloud-based server 120 is coupled to the user devices 110 via a network 130 (paragraph 0010, 0012). Note that television, video game console, security systems, gaming devices, music players, personal digital assistants, vehicle systems are real-time data stream. Real-time data streaming is a technology that enables the collection and processing of data from multiples sources in real time to derive insights. One or more peripheral devices 160 (digital pen, keyboard, mouse, remote control, monitor, speaker, printer) are coupleable to the user device 110 or to the server 120, such that the peripheral device 160 is configured to interact with the user device 110 (paragraph 0013). Furthermore, the peripheral device 160 is configured to be paired with the user device 110, such that the peripheral device 160 is identified or recognized as a device authorized to interact with the user device 110. For example, the peripheral device 160 may transmit a signal indicating a presence of the peripheral device 160 or requesting a secure connection, and the user device 110 may detect the signal, acknowledge the presence of the peripheral device 160, and confirm the secure connection (paragraph 0014). In addition, the digital pen 210 may signal an event or action by sending a BLUETOOTH brand low energy advertising packet including or associated with the device identity 170 and a customized command payload (paragraph 0014, 0023). The user device 110 may use RSSI technology to make intelligent operational or functional decisions. For instance, a user device 100 may use RSSI-threshold monitoring to design algorithms that determine which user devices 110 take action in response to receiving an advertising packet (paragraph 0025, 0027). Note that a device identity 170 identifying the peripheral device 160 is transmitted from the peripheral device 160 to the user device 110, and the user device 110 compares the device identity 170 to an expected value to determine an integrity of the device identity 170 (paragraph 0014). Note that the user device 110 compares the device identity 170 to an expected value to determine an integrity of the device identity 170 ; paragraph 0014). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to apply the technique of Bakshi to the communication system of Boesen in order to enable a peripheral device to be paired with one or more user devices at a given time.
Regarding claims 33, Boesen as modified discloses a method (fig. 1, fig. 5) for operating a peripheral device (wireless device 104 or personal computer 118; note that the computing device may include any number of processors, motherboards, chips, transceivers, peripherals, sensors, displays, cards, ports, adapters; in addition, a wireless earpiece includes a transceiver communicating with at least one a wireless device; paragraph 0007, 0031, 0070), comprising receiving, from the first personal device, an indication of a user input that is associated with use of the peripheral device wherein the user input comprises a defined sequence of movements that indicate that a user is interacting with the peripheral device (the sensors may determine the user's location, position, heart rate, voice stress levels, and so forth; the sensors may also receive user input and convert the user input into commands or selections made across the personal devices of the personal area network; for instance, the user input detected by the wireless earpieces may include voice commands, head motions, finger taps, finger swipes, motions or gestures , or other user inputs sensed by the wireless earpieces; paragraph 0023, 0028).
Regarding claims 34, Boesen as modified discloses a method (fig. 1, fig. 5) for operating a peripheral device (wireless device 104 or personal computer 118; note that the computing device may include any number of processors, motherboards, chips, transceivers, peripherals, sensors, displays, cards, ports, adapters; in addition, a wireless earpiece includes a transceiver communicating with at least one a wireless device; paragraph 0007, 0031, 0070), wherein establishing the dedicated wireless connection comprises establishing a secure connection with the personal device using data from a user interacting with the peripheral device (the sensors may determine the user's location, position, heart rate, voice stress levels, and so forth; the sensors may also receive user input and convert the user input into commands or selections made across the personal devices of the personal area network; for instance, the user input detected by the wireless earpieces may include voice commands, head motions, finger taps, finger swipes, motions or gestures , or other user inputs sensed by the wireless earpieces; paragraph 0023, 0028).
Regarding claims 35, Boesen as modified discloses a method (fig. 1, fig. 5) for operating a peripheral device (wireless device 104 or personal computer 118; note that the computing device may include any number of processors, motherboards, chips, transceivers, peripherals, sensors, displays, cards, ports, adapters; in addition, a wireless earpiece includes a transceiver communicating with at least one a wireless device; paragraph 0007, 0031, 0070), wherein: the data comprises one or more physiological parameters of the user; and the peripheral device establishes the secure connection using the one or more physiological parameters (the wireless earpieces may perform sensor measurements for the user to read any number of user biometrics; in addition, the user 106 may create a specific head motion and voice command that when detected by the wireless earpieces 102 are utilized to send a request to the medical engine (implemented by the wireless earpiece or wireless earpieces 102/wireless device 104; paragraph 0084, 0099).
Regarding claims 36, Boesen as modified discloses a method (fig. 1, fig. 5) for operating a peripheral device (wireless device 104 or personal computer 118; note that the computing device may include any number of processors, motherboards, chips, transceivers, peripherals, sensors, displays, cards, ports, adapters; in addition, a wireless earpiece includes a transceiver communicating with at least one a wireless device; paragraph 0007, 0031, 0070), wherein evaluating the one or more criteria comprises determining whether the one or more personal devices have software that is associated with the peripheral device (the sensors may determine the user's location, position, heart rate, voice stress levels, and so forth; the sensors may also receive user input and convert the user input into commands or selections made across the personal devices of the personal area network; for instance, the user input detected by the wireless earpieces may include voice commands, head motions, finger taps, finger swipes, motions or gestures , or other user inputs sensed by the wireless earpieces; paragraph 0023, 0028).
Regarding claims 37, 38, 40, Boesen discloses a method (fig. 1, fig. 5) for operating a peripheral device (wireless device 104 or personal computer 118; note that the computing device may include any number of processors, motherboards, chips, transceivers, peripherals, sensors, displays, cards, ports, adapters; in addition, a wireless earpiece includes a transceiver communicating with at least one a wireless device; paragraph 0007, 0031, 0070), method comprising: transmitting (wireless earpieces 102; transmitting user preferences associated with the wireless earpieces) a pairing message (the information may be presented by one or more speakers and user input may be received through one or more microphones of the wireless earpieces; the user may also provide the user preferences utilizing free form text; paragraph 0099-0100, 0048) from the peripheral device (the wireless earpieces may be linked with a cell phone by a Bluetooth connection; the process may require that the devices be paired utilizing an identifier, such as a passcode, password, serial number, voice identifier, radio frequency, or so forth ; paragraph 0089), in response to a user interaction with the peripheral device (in response to determining the request is implementable by the wireless earpieces 502, the wireless earpieces 502 retrieve information and data from the medical databases to fulfill the request; paragraph 0094); receiving (the sensors may receive user input and convert the user input into commands or selections made across the personal devices of the personal area network) a connection request from first and second personal devices (user input may be received through tactile input, gestures near the wireless earpieces ; paragraph 0103-0104).
However, Boesen does not specifically disclose the features of stablishing a dedicated wireless connection with one of the first or second personal devices at least partially based on comparing the signal strength, and the software capability; and transmitting a data stream over the dedicated wireless connection, the data stream comprising data related to one or more physical parameters for the user that are detected by the peripheral device.
On the other hand, Bakshi et al, from the same field of endeavor, discloses the features of establishing (the user device 100 may initiate establishing a connection with the digital pen 210 in response to the advertising packet and switch to a secure connection mode; paragraph 0025) with one of the first or second personal devices at least partially based on comparing the signal strength (the user device 110 compares the device identity 170 to an expected value to determine an integrity of the device identity 170 ; paragraph 0014; note that a user device 100 may use RSSI-threshold monitoring to design algorithms that determine which user devices 110 take action in response to receiving an advertising packet ; paragraph 0025, 0027), and the software capability (the peripheral device 160 may transmit a signal indicating a presence of the peripheral device 160 or requesting a secure connection, and the user device 110 may detect the signal, acknowledge the presence of the peripheral device 160, and confirm the secure connection ; paragraph 0014, 0026); and transmitting a data stream over the dedicated wireless connection (a device identity 170 identifying the peripheral device 160 is transmitted from the peripheral device 160 to the user device 110; paragraph 0014), the data stream (systems or devices may accept input from the user in any way, including from input devices such as a keyboard or pointing device, via gesture input, proximity input; the digital pen 210 may signal an event or action (click) by sending a BLUETOOTH brand low energy advertising packet including or associated with the device identity 170 and a customized commands payload; paragraph 0014, 0039, 0052), comprising data related to one or more physical parameters for the user that are detected by the peripheral device (the user device 110 or to the server 120, such that the peripheral device 160 is configured to interact with the user device 110 ; one or more user devices 110 paired with the peripheral device 160 may receive the signal, determine whether to perform an operation associated with the user input, or perform the operation associated with the user input; paragraph 0013, 0039).
Bakshi et al also shows in figure 1, an environment that includes one or more user devices 110 (tablet, smartphone, television, video game console, desktop, laptop). A cloud-based server 120 is coupled to the user devices 110 via a network 130 (paragraph 0010, 0012). Note that television, video game console, security systems, gaming devices, music players, personal digital assistants, vehicle systems are real-time data stream. Real-time data streaming is a technology that enables the collection and processing of data from multiples sources in real time to derive insights. One or more peripheral devices 160 (digital pen, keyboard, mouse, remote control, monitor, speaker, printer) are coupleable to the user device 110 or to the server 120, such that the peripheral device 160 is configured to interact with the user device 110 (paragraph 0013). Furthermore, the peripheral device 160 is configured to be paired with the user device 110, such that the peripheral device 160 is identified or recognized as a device authorized to interact with the user device 110. For example, the peripheral device 160 may transmit a signal indicating a presence of the peripheral device 160 or requesting a secure connection, and the user device 110 may detect the signal, acknowledge the presence of the peripheral device 160, and confirm the secure connection (paragraph 0014). In addition, the digital pen 210 may signal an event or action by sending a BLUETOOTH brand low energy advertising packet including or associated with the device identity 170 and a customized command payload (paragraph 0014, 0023). In addition, the user device 110 may use RSSI technology to make intelligent operational or functional decisions. For instance, a user device 100 may use RSSI-threshold monitoring to design algorithms that determine which user devices 110 take action in response to receiving an advertising packet (paragraph 0025, 0027). Note that a device identity 170 identifying the peripheral device 160 is transmitted from the peripheral device 160 to the user device 110, and the user device 110 compares the device identity 170 to an expected value to determine an integrity of the device identity 170 (paragraph 0014). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to apply the technique of Bakshi to the communication system of Boesen in order to enable a peripheral device to be paired with one or more user devices at a given time.
Regarding claims 39, Boesen as modified discloses a method (fig. 1, fig. 5) for operating a peripheral device (wireless device 104 or personal computer 118; note that the computing device may include any number of processors, motherboards, chips, transceivers, peripherals, sensors, displays, cards, ports, adapters; in addition, a wireless earpiece includes a transceiver communicating with at least one a wireless device; paragraph 0007, 0031, 0070), wherein: the peripheral device is operative to monitor one or more physical parameters of a user; and the data stream includes real-time measurement data of the one or more physical parameters of the user(the wireless earpieces may perform sensor measurements for the user to read any number of user biometrics; in addition, the user 106 may create a specific head motion and voice command that when detected by the wireless earpieces 102 are utilized to send a request to the medical engine (implemented by the wireless earpiece or wireless earpieces 102/wireless device 104; paragraph 0084, 0099).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Boesen (US 20180121623 A1) in view of Bakshi et al (US 20160294973 A1) as applied to claim 1 above, and further in view of Tussy (US 20230031087 A1).
Regarding claim 24, Boesen and Bakshi disclose everything claimed as explained above except the features of receiving a notification from the peripheral device that requests a confirmation as to whether the user is currently interacting with the peripheral device; and in response to receiving a user input to the notification, establishing the dedicated wireless connection with the peripheral device.
However, Tussy discloses the features of receiving (receiving the notification from the authentication server, such as through a vibration, beep, or other sound on the mobile device; paragraph 0234) a notification from the peripheral device (the authentication server may send information that causes the mobile device to display the merchant, merchant location, and the purchase total for the transaction; receiving the payment request and unique identifying transaction number, the authentication server may send a notification to the first user's mobile device to authenticate the transaction; paragraph 0240) that requests a confirmation as to whether the user is currently interacting with the peripheral device (the authentication server may authenticate the identity of the user and confirm that the user wishes to authorize the transaction on his or her account if the device information, authentication images and biometrics, and authentication movement correspond with the enrollment device information; paragraph 0236); and in response to receiving a user input to the notification (the user may alternatively or additionally verify his or her identity using other biometric data such as a fingerprint or retina scan, path based motion and imaging, or the user may enter a password; paragraph 0240), establishing the dedicated wireless connection with the peripheral device (upon authentication, the user's device would send a request to the user's payment provider to request and authorize payment to the second user ; the payment may be done securely while the users in the transaction are anonymous; furthermore, the authentication server 120 may transmit the unique identifier to the account server along with an indication that the identity of the user associated with the unique identifier has been verified; the account server 120B may then authorize the user's mobile device 112 to transmit and receive data from the account server 120B; paragraph 0108, 0114-0115, 0240). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to apply the technique of Tussy to the modified system of Bakshi and Boesen in order to provide a node server for autonomously authenticating a user.
Allowable Subject Matter
Claims 28-29 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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MARCEAU MILORD
Examiner
Art Unit 2641
/MARCEAU MILORD/Primary Examiner, Art Unit 2641
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