DETAILED ACTION
Claims 1-20 have been examined.
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 .
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.
Priority
The current application claims foreign priority to 2023-161476, filed 09/25/2023.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/20/2024 and 01/29/2026 have been considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: “obtainment unit”, “certification unit”, and “calibration unit” in claims 1, 19, and 20; as well as “issuing unit” in claim 3, and “provision unit” in claim 9.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by United States Patent Application Publication No. US 20230007439 A1 to Williams et al., hereinafter Williams.
Regarding claim 1, Williams discloses a certification system comprising:
an obtainment unit which obtains a result of identification of a user performed based on user information regarding the user and state information indicating a specific state of the user detected by a state detection apparatus (paragraph 62, “state-of-mind (e.g., as determined by biometric data, etc.)”, paragraph 166, “medical state”, and paragraph 250, “state of mind of the person based on one or more biometric, environmental, and/or behavioral data of the person”);
and a certification unit which certifies that a state of the user satisfies a predetermined condition, based on the result of the identification of the user and on the state information (paragraph 377, “indicators would be personalized to each individual as part of a the ‘pre-identification’ process”, paragraph 386, “After one or more concerned triggers (behavior and if needed context) is detected (including ‘trending’ behavior/context, e.g., behavior/context that has not yet reached a certain state but is moving in that direction), then the system initiates and manages one or more pre-identified actions to preempt, mitigate, or (if applicable) ‘approve’ the behavior according to exemplary embodiments disclosed herein”, and paragraph 458, “a certification or other indicator of immunity for person(s) already infected/recovered from the illness (and thus having immunity) or having “natural” immunity. Such certification, validation, or other verification indicator may be provided in various forms, such as an “immunity card” (with a RFID chip or other sensors that could be “read” before allowing access to a space, like a store), an encrypted file loaded on a “standard” device (e.g., phone, apple watch, etc.) that could be also “read” by readers and compared to other personal data via other application integration/interfaces, e.g., a facial recognition program (adjusted for mask wearing, if applicable) to scan the person holding (electronically) the “immunity card” (in whatever form) and then comparing the embedded data (including facial profile) with a person's actual (live) image real-time, and so forth”),
wherein the obtainment unit obtains, from a calibration unit which executes calibration of the state detection apparatus, management information including at least one of: a calibration time at which calibration is to be executed by the calibration unit; whether any calibration has been executed by the calibration unit; a calibration date and time, a calibration method, calibrator information, or a calibration setting; a correction amount or a correction formula for correcting the specific state of the user detected by the state detection apparatus; presence or absence of a failure of the state detection apparatus; a cumulative number of times that the state detection apparatus has been used; an expiration date for use of the state detection apparatus; or a version or update of software of the state detection apparatus (paragraph 298, “Using pre-identified prevention/preempting behavior and context-based “triggers” to appropriate select and calibrate an appropriate subset of sensors (from a wide range of sensors, across all networks and environments), targeted at measuring and calculating/analyzing current behavior versus permitted “pre-identified” behavior and context, and, as needed relative to historical behavior and context.”, paragraph 336, “ computed into a Risk Profile and/or a scoring system that could ‘calibrate’ the sensitivity of monitoring/tracking/analysis algorithms and algorithms/methods for initiating support of the preemptive actions of possible high-risk violations. Behavior monitoring could even reach areas such as diet monitoring, in case for example low/high blood sugar has been demonstrated to be a high-risk factor of erratic behavior”, paragraph 399, “Modification of sensors can refer to the adding of or deleting of various types of sensors, for example, adding a blood pressure monitoring capability to an initial sensor set (that did not include monitoring blood pressure monitoring sensor(s)) identified for detecting the Anger trigger, and adjustment of sensors refers to adjusting the parameters for a given (pre-identified or later added) sensor regarding what type/level of data is collected and when, for example changing the frequency of a periodic measuring of BAC from 0.04% to 0.05%, and/or changing the frequency of measurement depending on the BAC level, e.g., once an hour up to 0.04%, once every 15 minutes at a BAC level of 0.05%, and continually/near continually once BAC level reaches 0.06%.”, and paragraph 467, “the invention allows for many diverse ways of adding to/deleting/modifying the profile, and in turn what data dimensions are tracked, how they are tracked (e.g., what sensors/sensor arrays/networks et al. are used), how they are configured, values/levels/ranges/tracked, how the risk/compliance algorithms are calculated/configured/calibrated, and in turn what actions/resources/integration/interfaces are employed, how the results of those actions/resources/integration/interfaces are measured”),
and the certification unit certifies that the state of the user satisfies the predetermined condition, based further on the management information (paragraph 399, “identified for detecting the Anger trigger, and adjustment of sensors refers to adjusting the parameters for a given (pre-identified or later added) sensor regarding what type/level of data is collected and when, for example changing the frequency of a periodic measuring of BAC from 0.04% to 0.05%, and/or changing the frequency of measurement depending on the BAC level, e.g., once an hour up to 0.04%, once every 15 minutes at a BAC level of 0.05%, and continually/near continually once BAC level reaches 0.06%.”, and paragraph 400, “When a certain pre-identified drinking threshold is passed (e.g., 0.04%), or a disturbing trend is detected (e.g., going from 0% to 0.03% in 15 minutes), this exemplary embodiment may analyze the possible (pre-identified) actions for that person's behavior and (as applicable) context.”).
Regarding claim 2, Williams discloses wherein if the management information does not satisfy the predetermined calibration condition, the certification unit gives notice indicating that the management information does not satisfy the predetermined calibration condition (paragraph 266, “The one or more other options may comprise one or more other images that do not satisfy the one or more queries and/or qualifiers. The system may be configured to restrict the user's access to the system and/or data at least until the corresponding one or more images are selected that satisfy the one or more queries and/or qualifiers, or when the one or more other images are selected that do not satisfy the one or more queries and/or qualifiers”, and paragraph 1080, “restrict the user's requested access to the data for the at least one person if it is determined that the user did not select the location-based and/or context-based data that satisfies the one or more queries and/or qualifiers”).
Regarding claim 3, Williams discloses an issuing unit which, if the certification unit certifies that the state of the user satisfies the predetermined condition, issues a certificate of permission indicating that it has been certified that the state of the user satisfies the predetermined condition (paragraph 121, “Sensors on the addict's clothing will have detected the presence of alcohol, and other sensors noting a risk in blood pressure and blood alcohol content. Such data may cause the Risk/Prediction engine to generate a very high alert—addict has been drinking. If no addict support person is in the immediate vicinity to come get the addict, the action engine may elevate the urgency and send signals to the addict's vehicle that disables it (an alternative would be putting it into self-driving mode if such option was available). Concurrent with disabling the call would be requesting an Uber/taxi ride dispatched to the bar, with an alert to the addict that such a ride has been arranged for, with the details showing on the addict's smartphone screen”, and paragraphs 351 and 374, “behaviors and contexts may be monitored by sensors, sensor arrays, devices, and/or communications networks including wireless, wireline, social networks, and/or The Internet of Things (IoT) and can include physical conditions, activities, and mental thought processes of pre-identified individuals in a variety of situations or circumstances (‘contexts’). Current behaviors and, as applicable, contexts of pre-identified individuals are compared to pre-identified behaviors and, as applicable, contexts and associated acceptable variances to determine whether or not current behaviors/contexts as well as behavior/context trends conform within accepted boundaries of the behaviors/contexts”).
Regarding claim 4, Williams discloses wherein the specific state includes at least one of a state regarding a physical condition of the user, a state regarding an activity of the user, a state regarding work of the user, or a state regarding a capacity of the user (paragraph 121, “Sensors on the addict's clothing will have detected the presence of alcohol, and other sensors noting a risk in blood pressure and blood alcohol content. Such data may cause the Risk/Prediction engine to generate a very high alert—addict has been drinking”, and paragraph 399, “analysis of the person's drinking data may confirm this, by for example, walking at a slower, uneven, and/or erratic pace (e.g., data collected by walking/fitness-type sensors) and/or analysis of speech patterns. This may include recording samples of the person's voice, of which samples are collected when drinking is detected and compared to non-drinking recorded samples of the person's voice that were pre-collected for such analysis purposes”).
Regarding claim 5, Williams discloses wherein the state regarding the physical condition of the user includes at least one of a breath alcohol concentration, a blood alcohol concentration, a body temperature, a heartbeat, a pulse beat, a respiratory rate, a blood pressure, a blood glucose level, coughing, a voice, an eye movement, myoelectricity, a facial expression, staggering, or a stress state (paragraph 99, “blood pressure and skin temperature monitor”, paragraph 113, “detecting an Anger condition may initially be based solely on blood pressure (e.g., a spike in blood pressure is indicative of anger)”, paragraph 121, “Sensors on the addict's clothing will have detected the presence of alcohol, and other sensors noting a risk in blood pressure and blood alcohol content. Such data may cause the Risk/Prediction engine to generate a very high alert—addict has been drinking”, paragraph 336, “low/high blood sugar has been demonstrated to be a high-risk factor for erratic behavior”, paragraph 398, “badly trending Blood Alcohol Content (BAC) levels”, paragraph 399, “Analysis of the person's drinking data may confirm this, by for example, walking at a slower, uneven, and/or erratic pace (e.g., data collected by walking/fitness-type sensors) and/or analysis of speech patterns. This may include recording samples of the person's voice, of which samples are collected when drinking is detected and compared to non-drinking recorded samples of the person's voice that were pre-collected for such analysis purposes”, and “identified for detecting the Anger trigger, and adjustment of sensors refers to adjusting the parameters for a given (pre-identified or later added) sensor regarding what type/level of data is collected and when, for example changing the frequency of a periodic measuring of BAC from 0.04% to 0.05%, and/or changing the frequency of measurement depending on the BAC level, e.g., once an hour up to 0.04%, once every 15 minutes at a BAC level of 0.05%, and continually/near continually once BAC level reaches 0.06%.”, and paragraph 400, “When a certain pre-identified drinking threshold is passed (e.g., 0.04%), or a disturbing trend is detected (e.g., going from 0% to 0.03% in 15 minutes), this exemplary embodiment may analyze the possible (pre-identified) actions for that person's behavior and (as applicable) context.”).
Regarding claim 6, Williams discloses wherein the state regarding the activity of the user includes at least one of meal hours, meal contents, an exercise record, sleeping hours, a medication history, a hospital visit history, or a treatment history (paragraph 129, “this may entail obtaining or otherwise receiving access to an addict's treatment records, providing updates to those records, and interacting with rehabilitation, therapy, and/or medical providers. It may also entail acquiring access to pharmaceutical/drug treatment prescription information”, and paragraph 184, “A pre-populated profile templates may initially be used based, e.g., on a few parameters such as addiction(s), gender, age, key medical conditions such as depression, medication taken”).
Regarding claim 7, Williams discloses wherein the state regarding the work of the user includes at least one of working hours, overtime working hours, an amount of time elapsed since an end of last work, or a number of consecutive working days (paragraph 911, “deliverer normally delivers Thursday-Sunday”).
Regarding claim 8, Williams discloses wherein the state regarding the capacity of the user includes at least one of a cognitive capacity or an exercise capacity check test (paragraph 396, “the person starts to talk rapidly (as compared to the particular person's typical talking speed), slurring of words, etc.”, and paragraph 399, “Analysis of the person's drinking data may confirm this, by for example, walking at a slower, uneven, and/or erratic pace (e.g., data collected by walking/fitness-type sensors) and/or analysis of speech patterns.”).
Regarding claim 9, Williams discloses a provision unit which provides the certificate of permission to an apparatus that the user is permitted to operate based on the certificate of permission (paragraph 374, “behaviors and contexts may be monitored by sensors, sensor arrays, devices, and/or communications networks including wireless, wireline, social networks, and/or The Internet of Things (IoT) and can include physical conditions, activities, and mental thought processes of pre-identified individuals in a variety of situations or circumstances (‘contexts’). Current behaviors and, as applicable, contexts of pre-identified individuals are compared to pre-identified behaviors and, as applicable, contexts and associated acceptable variances to determine whether or not current behaviors/contexts as well as behavior/context trends conform within accepted boundaries of the behaviors/contexts. Based on if/degree of conformity, inclusiveness, fit, or other determinations, actions are initiated to either (1) “approve” the behavior in the form of some sort of contract, agreement, or understanding along with associated follow-up, measurement, and/or monitoring to ensure compliance/adherence to the agreement(s)”).
Regarding claim 10, Williams discloses wherein the obtainment unit newly obtains the state information and the result of the identification in response to detection that a user operating the apparatus has been changed, and the certification unit certifies that the state of the user satisfies the predetermined condition, based on the result of the identification newly obtained by the obtainment unit and on the state information newly obtained by the obtainment unit (paragraph 399, “Analysis of the person's drinking data may confirm this, by for example, walking at a slower, uneven, and/or erratic pace (e.g., data collected by walking/fitness-type sensors) and/or analysis of speech patterns. This may include recording samples of the person's voice, of which samples are collected when drinking is detected and compared to non-drinking recorded samples of the person's voice that were pre-collected for such analysis purposes”, and “identified for detecting the Anger trigger, and adjustment of sensors refers to adjusting the parameters for a given (pre-identified or later added) sensor regarding what type/level of data is collected and when, for example changing the frequency of a periodic measuring of BAC from 0.04% to 0.05%, and/or changing the frequency of measurement depending on the BAC level, e.g., once an hour up to 0.04%, once every 15 minutes at a BAC level of 0.05%, and continually/near continually once BAC level reaches 0.06%.”, and paragraph 400, “When a certain pre-identified drinking threshold is passed (e.g., 0.04%), or a disturbing trend is detected (e.g., going from 0% to 0.03% in 15 minutes), this exemplary embodiment may analyze the possible (pre-identified) actions for that person's behavior and (as applicable) context.”).
Regarding claim 11, Williams discloses wherein the apparatus is a moving body driven by the user, and if the certificate of permission for the user is provided, the moving body permits the user to drive the moving body (paragraph 476).
Regarding claim 12, Williams discloses wherein the obtainment unit newly obtains the state information and the result of the identification in response to detection that a driver of the moving body has been changed, and the certification unit certifies that the state of the user satisfies the predetermined condition, based on the result of the identification newly obtained by the obtainment unit and on the state information newly obtained by the obtainment unit (paragraphs 374 and 386).
Regarding claim 13, Williams discloses wherein the obtainment unit further obtains moving body information regarding the moving body from the moving body, and the certification unit certifies that the state of the user satisfies the predetermined condition, based further on the moving body information (paragraphs 121 and 159, “embedded breathalyzers or similar driver condition monitoring/car interfacing technologies”).
Regarding claim 14, Williams discloses wherein the obtainment unit further obtains environmental information indicating a state of an environment around the user,
and the certification unit certifies that the state of the user satisfies the predetermined condition, based further on the environmental information (paragraphs 52, 53, 62, and 250).
Regarding claim 15, Williams discloses wherein the obtainment unit further obtains locational information indicating a location at which the user is present, and the certification unit certifies that the state of the user satisfies the predetermined condition, based further on the locational information (paragraph 80, “GPS”, paragraphs 97 and 123, “GPS or other location determination technology”, and paragraph 133, “An extension of GPS device tracking for parolees, the embodiment could continually track the movements of a court-ordered person who is required to attend AA meetings and/or stay away from any alcohol establishments. The embodiment would correlate the person's movements and report back to the court or parole officer to confirm adherence to the court order, or alternatively provide proof of violation of the order. In extreme cases, an embodiment could be configured to report directly to the local police any situation where addict impairment is detected, along with necessary information to apprehend the addict, e.g., location of the addict/vehicle.”).
Regarding claim 16, Williams discloses wherein the certification unit changes the predetermined condition based on the locational information (paragraphs 133, and 575, “if the person has a problem with the Anger trigger, then Anger (for that particular person) may be determined or measured by specific levels of blood pressure, voice volume, and skin temperature. In this example, if the person decides to go for a walk in a quiet city park, and the sensors for one or more of those variables detect a positive movement (e.g., lowering in this case of those underlying trigger values for blood pressure, voice volume, skin temperature, etc.)”).
Regarding claim 17, Williams discloses a notification unit which, if the certification unit does not certify that the state of the user satisfies the predetermined condition, gives notice indicating that the user has not been certified (paragraphs 133, 399, 400, and 575).
Regarding claim 18, Williams discloses wherein if the management information satisfies a predetermined calibration condition, the certification unit certifies that the state of the user satisfies the predetermined condition, based on the result of the identification of the user and on the state information (paragraph 458).
Regarding claim 19, Williams teaches a certification method comprising:
obtaining, by an obtainment unit, a result of identification of a user performed based on user information regarding the user and state information indicating a specific state of the user detected by a state detection apparatus (paragraph 62, “state-of-mind (e.g., as determined by biometric data, etc.)”, paragraph 166, “medical state”, and paragraph 250, “state of mind of the person based on one or more biometric, environmental, and/or behavioral data of the person”);
and certifying, by a certification unit, that a state of the user satisfies a predetermined condition, based on the result of the identification of the user and on the state information (paragraph 377, “indicators would be personalized to each individual as part of a the ‘pre-identification’ process”, paragraph 386, “After one or more concerned triggers (behavior and if needed context) is detected (including ‘trending’ behavior/context, e.g., behavior/context that has not yet reached a certain state but is moving in that direction), then the system initiates and manages one or more pre-identified actions to preempt, mitigate, or (if applicable) ‘approve’ the behavior according to exemplary embodiments disclosed herein”, and paragraph 458, “a certification or other indicator of immunity for person(s) already infected/recovered from the illness (and thus having immunity) or having “natural” immunity. Such certification, validation, or other verification indicator may be provided in various forms, such as an “immunity card” (with a RFID chip or other sensors that could be “read” before allowing access to a space, like a store), an encrypted file loaded on a “standard” device (e.g., phone, apple watch, etc.) that could be also “read” by readers and compared to other personal data via other application integration/interfaces, e.g., a facial recognition program (adjusted for mask wearing, if applicable) to scan the person holding (electronically) the “immunity card” (in whatever form) and then comparing the embedded data (including facial profile) with a person's actual (live) image real-time, and so forth”),
wherein the obtaining includes obtaining, from a calibration unit which executes calibration of the state detection apparatus, management information including at least one of: a calibration time at which calibration is to be executed by the calibration unit; whether any calibration has been executed by the calibration unit; a calibration date and time, a calibration method, calibrator information, or a calibration setting; a correction amount or a correction formula for correcting the specific state of the user detected by the state detection apparatus; presence or absence of a failure of the state detection apparatus; a cumulative number of times that the state detection apparatus has been used; an expiration date for use of the state detection apparatus; or a version or update of software of the state detection apparatus (paragraph 298, “Using pre-identified prevention/preempting behavior and context-based “triggers” to appropriate select and calibrate an appropriate subset of sensors (from a wide range of sensors, across all networks and environments), targeted at measuring and calculating/analyzing current behavior versus permitted “pre-identified” behavior and context, and, as needed relative to historical behavior and context.”, paragraph 336, “ computed into a Risk Profile and/or a scoring system that could ‘calibrate’ the sensitivity of monitoring/tracking/analysis algorithms and algorithms/methods for initiating support of the preemptive actions of possible high-risk violations. Behavior monitoring could even reach areas such as diet monitoring, in case for example low/high blood sugar has been demonstrated to be a high-risk factor of erratic behavior”, paragraph 399, “Modification of sensors can refer to the adding of or deleting of various types of sensors, for example, adding a blood pressure monitoring capability to an initial sensor set (that did not include monitoring blood pressure monitoring sensor(s)) identified for detecting the Anger trigger, and adjustment of sensors refers to adjusting the parameters for a given (pre-identified or later added) sensor regarding what type/level of data is collected and when, for example changing the frequency of a periodic measuring of BAC from 0.04% to 0.05%, and/or changing the frequency of measurement depending on the BAC level, e.g., once an hour up to 0.04%, once every 15 minutes at a BAC level of 0.05%, and continually/near continually once BAC level reaches 0.06%.”, and paragraph 467, “the invention allows for many diverse ways of adding to/deleting/modifying the profile, and in turn what data dimensions are tracked, how they are tracked (e.g., what sensors/sensor arrays/networks et al. are used), how they are configured, values/levels/ranges/tracked, how the risk/compliance algorithms are calculated/configured/calibrated, and in turn what actions/resources/integration/interfaces are employed, how the results of those actions/resources/integration/interfaces are measured”),
and the certifying includes certifying that the state of the user satisfies the predetermined condition, based further on the management information (paragraph 399, “identified for detecting the Anger trigger, and adjustment of sensors refers to adjusting the parameters for a given (pre-identified or later added) sensor regarding what type/level of data is collected and when, for example changing the frequency of a periodic measuring of BAC from 0.04% to 0.05%, and/or changing the frequency of measurement depending on the BAC level, e.g., once an hour up to 0.04%, once every 15 minutes at a BAC level of 0.05%, and continually/near continually once BAC level reaches 0.06%.”, and paragraph 400, “When a certain pre-identified drinking threshold is passed (e.g., 0.04%), or a disturbing trend is detected (e.g., going from 0% to 0.03% in 15 minutes), this exemplary embodiment may analyze the possible (pre-identified) actions for that person's behavior and (as applicable) context.”).
Regarding claim 20, Williams discloses a non-transitory computer readable recording medium having stored thereon a program that causes a computer to function as:
an obtainment unit which obtains a result of identification of a user performed based on user information regarding the user and state information indicating a specific state of the user detected by a state detection apparatus (paragraph 62, “state-of-mind (e.g., as determined by biometric data, etc.)”, paragraph 166, “medical state”, and paragraph 250, “state of mind of the person based on one or more biometric, environmental, and/or behavioral data of the person”);
and a certification unit which certifies that a state of the user satisfies a predetermined condition, based on the result of the identification of the user and on the state information (paragraph 377, “indicators would be personalized to each individual as part of a the ‘pre-identification’ process”, paragraph 386, “After one or more concerned triggers (behavior and if needed context) is detected (including ‘trending’ behavior/context, e.g., behavior/context that has not yet reached a certain state but is moving in that direction), then the system initiates and manages one or more pre-identified actions to preempt, mitigate, or (if applicable) ‘approve’ the behavior according to exemplary embodiments disclosed herein”, and paragraph 458, “a certification or other indicator of immunity for person(s) already infected/recovered from the illness (and thus having immunity) or having “natural” immunity. Such certification, validation, or other verification indicator may be provided in various forms, such as an “immunity card” (with a RFID chip or other sensors that could be “read” before allowing access to a space, like a store), an encrypted file loaded on a “standard” device (e.g., phone, apple watch, etc.) that could be also “read” by readers and compared to other personal data via other application integration/interfaces, e.g., a facial recognition program (adjusted for mask wearing, if applicable) to scan the person holding (electronically) the “immunity card” (in whatever form) and then comparing the embedded data (including facial profile) with a person's actual (live) image real-time, and so forth”),
wherein the obtainment unit obtains, from a calibration unit which executes calibration of the state detection apparatus, management information including at least one of: a calibration time at which calibration is to be executed by the calibration unit; whether any calibration has been executed by the calibration unit; a calibration date and time, a calibration method, calibrator information, or a calibration setting; a correction amount or a correction formula for correcting the specific state of the user detected by the state detection apparatus; presence or absence of a failure of the state detection apparatus; a cumulative number of times that the state detection apparatus has been used; an expiration date for use of the state detection apparatus; or a version or update of software of the state detection apparatus (paragraph 298, “Using pre-identified prevention/preempting behavior and context-based “triggers” to appropriate select and calibrate an appropriate subset of sensors (from a wide range of sensors, across all networks and environments), targeted at measuring and calculating/analyzing current behavior versus permitted “pre-identified” behavior and context, and, as needed relative to historical behavior and context.”, paragraph 336, “ computed into a Risk Profile and/or a scoring system that could ‘calibrate’ the sensitivity of monitoring/tracking/analysis algorithms and algorithms/methods for initiating support of the preemptive actions of possible high-risk violations. Behavior monitoring could even reach areas such as diet monitoring, in case for example low/high blood sugar has been demonstrated to be a high-risk factor of erratic behavior”, paragraph 399, “Modification of sensors can refer to the adding of or deleting of various types of sensors, for example, adding a blood pressure monitoring capability to an initial sensor set (that did not include monitoring blood pressure monitoring sensor(s)) identified for detecting the Anger trigger, and adjustment of sensors refers to adjusting the parameters for a given (pre-identified or later added) sensor regarding what type/level of data is collected and when, for example changing the frequency of a periodic measuring of BAC from 0.04% to 0.05%, and/or changing the frequency of measurement depending on the BAC level, e.g., once an hour up to 0.04%, once every 15 minutes at a BAC level of 0.05%, and continually/near continually once BAC level reaches 0.06%.”, and paragraph 467, “the invention allows for many diverse ways of adding to/deleting/modifying the profile, and in turn what data dimensions are tracked, how they are tracked (e.g., what sensors/sensor arrays/networks et al. are used), how they are configured, values/levels/ranges/tracked, how the risk/compliance algorithms are calculated/configured/calibrated, and in turn what actions/resources/integration/interfaces are employed, how the results of those actions/resources/integration/interfaces are measured”),
and the certification unit certifies that the state of the user satisfies the predetermined condition, based further on the management information (paragraph 399, “identified for detecting the Anger trigger, and adjustment of sensors refers to adjusting the parameters for a given (pre-identified or later added) sensor regarding what type/level of data is collected and when, for example changing the frequency of a periodic measuring of BAC from 0.04% to 0.05%, and/or changing the frequency of measurement depending on the BAC level, e.g., once an hour up to 0.04%, once every 15 minutes at a BAC level of 0.05%, and continually/near continually once BAC level reaches 0.06%.”, and paragraph 400, “When a certain pre-identified drinking threshold is passed (e.g., 0.04%), or a disturbing trend is detected (e.g., going from 0% to 0.03% in 15 minutes), this exemplary embodiment may analyze the possible (pre-identified) actions for that person's behavior and (as applicable) context.”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited on form PTO-892 are cited to further show the state of the art with respect to ascertaining the state of a user in order to obtain access permission.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMIAH L AVERY whose telephone number is (571)272-8627. The examiner can normally be reached M-F 8:30am -5:00pm.
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/JEREMIAH L AVERY/Primary Examiner, Art Unit 2431