Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant has amended claims 1, 11, 19 and 20. Claim 2 has been cancelled. Claim 21 is newly added. Claims 1, 3-21 are currently being considered.
Applicant’s arguments, filed 8/7/2026, with respect to the rejection(s) of claim(s) 1, 11 and 20 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Wexler et. al. (United States Patent Application Publication US 2017/0192401 A1) and Wang et. al. (United States Patent Application Publication US 2023/0154092 A1).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 3-7, 11-17, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et. al. (United States Patent Application Publication US 2021/0247483 A1) in view of Addison et. al. (United States Patent Application Publication US 2021/0153746 A1) and Wexler et. al. (United States Patent Application Publication US 2017/0192401 A1).
Regarding claim 1 and 11, Wang et. al. discloses an object identification system and method, comprising: a processor; and a non-transitory, processor readable storage medium communicatively coupled to the processor, the non-transitory, processor readable storage medium comprising one or more instructions stored thereon that, when executed, cause the processor to: establish communication between the image acquisition device and a wearable device (Wang et. al., abstract, [0071], Type 1 device, Type 2 device, or both, are wearable of/associated with the object), the image acquisition device comprising a first transceiver and the wearable device comprising a second transceiver (Wang et. al. [0068] The Type 1/Type 2 device may comprise at least one of: electronics, circuitry, transmitter (TX)/receiver (RX)/transceiver, “Tracker Bot”, target device, motion detection device, sensor device…); and control the image acquisition device to track, based on the data, an object associated with the wearable device (Wang et. al. [0075] a user may be human, adult, older adult, man, woman, juvenile, child, baby, pet, animal, creature, machine, computer module; [0077] The wireless transmitter may be moving with the object and/or another object. The ‘another’ object may be tracked; [0156] the object may be person, user, subject, passenger, child, older person, baby, sleeping baby, baby in vehicle, patient, worker, high-value worker, etc.). However, Wang et. al. fails to disclose a device platform including an image acquisition device; receive data at the image acquisition device from the wearable device, the data comprising a localized position of the wearable device that is located within a field of view of the image acquisition device; and instruct the device platform to perform one or more control operations that cause the image acquisition device to move to a predetermined position.
Addison et. al. teaches receive data at the image acquisition device (Addison et. al. [0048], the camera generates a sequence of images over time) from the wearable device, the data comprising a localized position of the wearable device that is located within a field of view of the image acquisition device (Addison et. el. [0067], Fig. 6, method for determining a location of a pulse oximeter within a field of view of a camera). This is important to the claimed invention because this allows the wearable device to be tracked to the person or object wearing the device, and safely monitored based on accurate location.
Wexler et. al. teaches a device platform including an image acquisition device; and instruct the device platform to perform one or more control operations that cause the image acquisition device to move to a predetermined position (Wexler et. al. abstract: a wearable apparatus is provided for capturing and processing images from an environment of a user. A system for controller one or more controllable devices includes a transceiver and at least one processing device. The command may be configured to change at least one aspect of the controllable device. Here, the command can allow a change in position. [0138]-[0140]).
Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Wang et. al., Wexler et. al. and Addison et. al. so that the device is correctly associated with the object wearing the device based on location.
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Regarding claim 12, Wang et al., Wexler et. al. and Addison et al. disclose the object identification method of claim 11, and Addison et. al. further discloses wherein the data further comprises an identifier associated with the wearable device (Addison et. al. [0066] the method further includes associating the unique identifier of the patient with the equipment identifying information).
Regarding claim 3 and 13, Wang et al., Wexler et. al. and Addison et al. disclose the object identification system of claim 1 and method of claim 11, and Addison et. al. further discloses wherein the one or more instructions further cause the processor to instruct the image acquisition device to capture an image, and determine the localized position from a plurality of pixel coordinates in the image captured by the image acquisition device (Addison et. al. [0067], Fig. 6, Each image captured by a video camera includes a two-dimensional array or grid of pixels. Once the light signal is identified, the system can determine or identify a first position of that light signal in the two-dimensional array or grid of pixels).
Regarding claim 4 and 14, Wang et al., Wexler et. al. and Addison et al. disclose the object identification system of claim 1 and method of claim 11, and Wang et. al. further discloses wherein the one or more instructions further cause the processor to instruct the image acquisition device to transmit a predetermined bandwidth chirp signal to the wearable device (Wang et. al. [0250]).
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Regarding claim 5 and 15, Wang et al., Wexler et. al. and Addison et al. disclose the object identification system of claim 1 and method of claim 11, and Wang et. al. further discloses wherein the one or more instructions further cause the processor to instruct the image acquisition device to instruct the wearable device to switch to a predetermined mode of operation (Wang et. al. [0078] the Type 1 and/or Type 2 device may be capable of wirelessly coupling with at least two Type and/or Type 1 devices. The Type 1 device may be controlled to switch/establish wireless coupling from the Type 2 device to a second Type 2 device at another location in the venue).
Regarding claim 6 and 16, Wang et al., Wexler et. al. and Addison et al. disclose the object identification system of claim 5 and method of claim 15, and Wang et. al. further discloses wherein the one or more instructions further cause the processor to instruct the image acquisition device to localize the wearable device within an environment based on the predetermined mode of operation (Wang et. al. [0082], When the Type 2 device detects the probe signals sent to the particular MAC address, the Type 2 device can use the table to identify the venue based on the MAC address. [0162] The wireless transmitter (Type 1 device) and/or the wireless receiver (Type 2 device) may be embedded with a portable device that may move with the object, which has an identity (ID)/identifier; [0207]).
Regarding claim 7 and 17, Wang et. al. discloses the object identification system of claim 5 and method of claim 15, wherein the one or more instructions further cause the processor to instruct the image acquisition device to: determine that a beacon, corresponding to the predetermined mode of operation, associated with the wearable device cannot be localized; transmit an instruction to the wearable device to deactivate the beacon (Wang et. al. [0079] beacon signal is used as a wireless signal); and cause, based on the beacon deactivation, the wearable device to switch from the predetermined mode of operation to a sleep mode of operation (Wang et. al. [0089] The another device may enter an inactive mode, hibernation mode, sleep mode, stand-by mode, lower-power mode, OFF mode and/or power -down mode, after establishing the connection with the Type I device).
Regarding claim 20, which is a non-transitory, computer-readable medium comprising instructions that, when executed by at least one processor, cause the at least one processor to perform one or more operations corresponding to the method of claim 1, which the rejection analysis is incorporated herein.
Claim(s) 8 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et. al. (United States Patent Application Publication US 2021/0247483 A1) in view of Addison et. al. (United States Patent Application Publication US 2021/0153746 A1) and Wexler et. al. (United States Patent Application Publication US 2017/0192401 A1) as applied to claim 1 and 11 above, and in further view of Elias et. al. (United States Patent Application Publication US 2018/0224923 A1).
Regarding claim 8 and 18, Wang et al., Wexler et. al. and Addison et al. discloses the object identification system of claim 1 and method of claim 11. However, Wang et al. and Addison et al. fail to disclose wherein the one or more instructions further cause the processor to instruct the image acquisition device to periodically monitor for a wake signal from the wearable device using pulse code modulation.
Elias et. al. teaches wherein the one or more instructions further cause the processor to instruct the image acquisition device to periodically monitor for a wake signal from the wearable device using pulse code modulation (Elias et. al. [0010] the key phrase detection (KPD) subsystem may include an analog audio front-end with digital microphones (DMICs), pulse-density modulation (PDM) to pulse-code modulation (PCM) converters). This is important to the claimed invention because it allows the wearable device to conserve energy by enabling a switch from sleep to wake mode when a necessary notification is received. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Wang et. al., Addison et. al., and Elias et. al. so that this feature is included as part of the wearable device and system.
Claim(s) 9 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et. al. (United States Patent Application Publication US 2021/0247483 A1) in view of Addison et. al. (United States Patent Application Publication US 2021/0153746 A1) and Wexler et. al. (United States Patent Application Publication US 2017/0192401 A1) as applied to claim 1 above, and in further view of Li, Linlin et al. “Near‐Infrared Light Triggered Self‐Powered Mechano‐Optical Communication System using Wearable Photodetector Textile.” Advanced Functional Materials 31 (2021): n. pag. (Year: 2021).
Regarding claim 9, Wang et al., Wexler et. al. and Addison et al. disclose the object identification system of claim 1. However, Wang et al. and Addison et al. fail to disclose wherein the one or more instructions further cause the processor to instruct the image acquisition device to periodically monitor for a wake signal from the wearable device using an encoded infrared burst signal.
Li et. al. teaches wherein the one or more instructions further cause the processor to instruct the image acquisition device to periodically monitor for a wake signal from the wearable device using an encoded infrared burst signal (Li et. al. 1. Introduction, paragraph 2, wearable photodetector textiles and applied to a mechanical-optical communication system). This is important to the claimed invention because it allows the wearable device to conserve energy by enabling a switch from sleep to wake mode when a necessary notification is received. This is another way a notification signal can be received by the wearable device. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Wang et. al., Addison et. al., and Li et. al. so that this feature is included as part of the wearable device and system.
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Claim(s) 10 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et. al. (United States Patent Application Publication US 2021/0247483 A1) in view of Addison et. al. (United States Patent Application Publication US 2021/0153746 A1) and Wexler et. al. (United States Patent Application Publication US 2017/0192401 A1) as applied to claim 1 and 11 above, and in further view Riurean, S., Antipova, T., Rocha, Á. et al. VLC, OCC, IR and LiFi Reliable Optical Wireless Technologies to be Embedded in Medical Facilities and Medical Devices. J Med Syst 43, 308 (2019). https://doi.org/10.1007/s10916-019-1434-y (Year: 2019).
Regarding claim 10 and 19, Wang et al., Wexler et. al. and Addison et al. disclose the object identification system of claim 1 and method of claim 11. However, Wang et al. and Addison et al. fail to disclose wherein the one or more instructions further cause the image acquisition device to: receive a visible color modulated signal from the wearable device; and generate, based on the visible color modulated signal, a compensation model for room lighting at a target location of the wearable device.
Riurean et. al. teaches wherein the one or more instructions further cause the image acquisition device to: receive a visible color modulated signal from the wearable device; and generate, based on the visible color modulated signal, a compensation model for room lighting at a target location of the wearable device (Riurean et. al. Abstract, optical camera communication (OCC), Hybrid wearable integrated medical assistance systems (WIMAS) based on both optical wireless communication (OWC) and radio frequency (RF)).
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This is important to the claimed invention because it adjusted the captured image based on visible light in the environment and improves the quality of the extracted vital data. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Wang et. al., Addison et. al., and Riurean et. al. so that this feature is included as part of the overall system.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et. al. (United States Patent Application Publication US 2021/0247483 A1) in view of Addison et. al. (United States Patent Application Publication US 2021/0153746 A1), Wexler et. al. (United States Patent Application Publication US 2017/01924 and Wang et. al. (United States Patent Application Publication US 2023/0154092 A1).
Regarding claim 21, Wang et. al., Wexler et. al. and Addison et. al. disclose the object identification system of claim 3. However, the combination of Wang et. al., Wexler et. al. and Addison et. al. fail to disclose wherein the one or more instructions further cause the processor to: identify the object from the image; and generate, for the object identified from the image, a pose estimation of the object within an environment, the pose estimation including a skeletal representation of the object, a plurality of positions of the object in a three-dimensional space within the environment, or any combination thereof.
US2023/0154092 A1 teaches wherein the one or more instructions further cause the processor to: identify the object from the image; and generate, for the object identified from the image, a pose estimation of the object within an environment, the pose estimation including a skeletal representation of the object, a plurality of positions of the object in a three-dimensional space within the environment, or any combination thereof (US2023/0154092 A1 Abstract: techniques are disclosed for providing improved pose tracking of a subject using a 2D camera and generating a 3D image that recreates the pose of the subject. A 3D skeleton map is estimated from a 2D skeleton map of the subject using, for example, a neural network. Figure 1, 3, 4A-4D).
This is important to the claimed invention because it visualizes the user of the wearable device within the environment. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Wang et. al, Addison et. al., Wexler et. al., and US 2023/0154092 A1 so that these features are included in the solution of the claimed invention.
Conclusion
Response to Amendment
Examiner has carefully considered all amendments to the claims. The objection to claim 19 for minor informalities is withdrawn. Examiner has performed an updated search and found new prior art to reject all amended and newly added claims.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA YIFANG LIN whose telephone number is (571)272-6435. The examiner can normally be reached M-F 7:00am-6:15pm, with optional day off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vu Le can be reached at 571-272-7332. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSICA YIFANG LIN/Examiner, Art Unit 2668 August 21, 2026
/VU LE/Supervisory Patent Examiner, Art Unit 2668
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