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 .
Claim Status
This Office Action responds to reply filed on 8/4/26 regarding application 18/830116 that was initially filed on 9/10/24. Claims 1, 3-8 and 19 are pending.
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 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 of this title, 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.
1. Claims 1, 3, 5, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Gemer, US 2013/0035602 A1 (hereinafter Gemer) in view of O’Hara, US 2003/0058084 A1 (hereinafter O’Hara).
As for claim 1, Gemer discloses a monitoring method comprising: monitoring ([0019], e.g., monitoring) one or more sensor(s) ([0020], e.g., image capturing device and [0036], e.g., ethanol level sensor to take air sample and measure the alcohol level), wherein the one or more sensor(s) are configured to collect personally identifiable information ([0020], e.g., identity of the monitored person is verified), wherein the personally identifiable information pertains to a monitored individual ([0020], e.g., monitored person) and enables the monitored individual to be uniquely identified ([0020], e.g., identity), wherein the one or more sensor(s) includes a Blood Alcohol Concentration (BAC) sensor ([0019], e.g., blood alcohol level and [0036], e.g., alcohol level sensor); and enabling a wireless transmitter ([0031], e.g., wireless and/or [0045], e.g., wireless) to transmit a progress report ([0036], e.g., regular intervals and [0055], e.g., alarm and/or alcohol level result) on the monitored individual.
Gemer does not explicitly disclose, but O’Hara teaches wherein the personally identifiable information includes biometric data ([0029], e.g., biometric), wherein the biometric data includes one or more of a DNA analysis ([0029], e.g., DNA), an earlobe geometry analysis, a hand geometry analysis, a signature analysis and a voice waveform analysis ([0029], e.g., waveform and voice).
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Gemer and O’Hara before him/her to modify the mobile remote alcohol monitoring device mobile remote alcohol monitoring device of Gemer with the teaching of method and apparatus for securing passage on a common carrier and creating a passenger manifest of O’Hara with a motivation to increase accuracy of identification of an individual by using the biometric sensors.
As for claim 3, most of limitations of this claim have been noted in the rejection of Claim 1. In addition, Gemer further discloses the one or more sensor(s) include a camera, wherein the camera is configured to capture a real-time image of the monitored individual ([0020], e.g., camera), wherein the real-time image is personally identifiable information ([0020], e.g., identity of the monitored person is verified).
As for claim 5, most of limitations of this claim have been noted in the rejection of Claim 1. In addition, Gemer further discloses the progress report on the monitored individual is periodically transmitted, randomly transmitted, transmitted based upon a sensor output ([0045], e.g., if the alcohol levels exceed a threshold) or an alert, transmitted based upon a predefined schedule, transmitting in response to a prompt from a monitoring network, or at the initiation of the monitored individual.
As for claim 7, most of limitations of this claim have been noted in the rejection of Claim 1. In addition, Gemer further discloses determining the monitored individual’s compliance with one or more monitored requirements, wherein the monitored requirements include one or more of an abstinence requirement ([0002], e.g., a person placed under alcohol supervision as an alternative to incarceration may be required to have their blood alcohol level tested at regular or random times and [0003], e.g., abstinence), a curfew requirement, a probation requirement, compliance with a protection order, compliance with a court order ([0003], e.g., court-ordered), compliance with a self-medication requirement, compliance with one or more geographical constraints, attendance of one or more self-help meetings, attendance at one or more court hearings, attendance at one or more probation officer meetings, and one or more individual proximity restrains; and administering a reward system, wherein the reward system is configured to modify one or more reporting requirements by the monitored individual.
2. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Gemer in view of O’Hara, and further in view of Keppler, US 2016/0012249 A1 (hereinafter Keppler).
As for claim 4, most of limitations of this claim have been noted in the rejection of Claim 1. In addition, Gemer further discloses comparing the real-time image of the monitored individual with a reference image of the monitored individual ([0020], e.g., reference image).
Gemer as modified by O’Hara does not explicitly teach, but Keppler teaches recording the real-time image of the monitored individual ([0049], e.g., recorded); and storing personally identifiable information ([0049], e.g., store).
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Gemer, O’Hara, and Keppler before him/her to modify the mobile remote alcohol monitoring device mobile remote alcohol monitoring device of Gemer with the teaching of method for collecting and securing physiological, biometric and other data in a personal database method for collecting and securing physiological, biometric and other data in a personal database of Keppler with a motivation to retrieve the data later for further processing of the data in subsequent steps such as double checking and more precise verification with more time and/or processing power by using recording the data process the data later for various purposes such as verification and research.
3. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Gemer in view of O’Hara, and further in view of Hutz, US 8786425 B1 (hereinafter Hutz).
As for claim 6, most of limitations of this claim have been noted in the rejection of Claim 1.
Gemer as modified by O’Hara does not explicitly teach, but Hutz teaches generating a personal passcode (Col. 5, lines 25 – 49, e.g., passcode and prompt); and prompting the monitored individual for the personal passcode (Col. 5, lines 25 – 49, e.g., passcode and prompt).
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Gemer, O’Hara, and Hutz before him/her to modify the mobile remote alcohol monitoring device mobile remote alcohol monitoring device of Gemer with the teaching of aberration engine of Hutz with a motivation to reduce the chance of reporting a false alarm as taught by Hutz (Col. 5, lines 25 – 49) by using the personal code.
4. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Gemer in view of Firminger et al., US 2010/0131446 A1 (hereinafter Firminger), Roos et al., US 2009/0270690 A1 (hereinafter Roos), Dolin et al., US 2014/0025593 A1 (hereinafter Dolin), and further in view of O’Hara.
As for claim 8, Gemer discloses a monitoring method comprising: monitoring ([0019], e.g., monitoring) one or more sensor(s) ([0020], e.g., image capturing device and [0036], e.g., ethanol level sensor to take air sample and measure the alcohol level), wherein the one or more sensor(s) are configured to collect personally identifiable information ([0020], e.g., identity of the monitored person is verified), wherein the personally identifiable information pertains to a monitored individual ([0020], e.g., monitored person) and enables the monitored individual to be uniquely identified ([0020], e.g., identity), analyzing to provide real-time insights ([0036], e.g., regular intervals and [0055], e.g., alarm and/or alcohol level result) and alerts ([0036], e.g., regular intervals and [0055], e.g., alarm and/or alcohol level result); and enabling a wireless transmitter ([0031], e.g., wireless and/or [0045], e.g., wireless) to transmit a progress report ([0036], e.g., regular intervals and [0055], e.g., alarm and/or alcohol level result) on the monitored individual.
Gemer does not explicitly disclose, but Firminger teaches the personally identifiable information includes location data ([0084], e.g., global positioning system).
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Gemer and Firminger before him/her to modify the mobile remote alcohol monitoring device mobile remote alcohol monitoring device of Gemer with the teaching of action execution based on user modified hypothesis of Firminger with a motivation to allow a quick physical contact to the monitored person by another person by using the location data.
Gemer as modified by Firminger does not explicitly teach, but Roos teaches analyzing the personally identifiable information using artificial intelligence ([0009], e.g., artificial intelligence) to detect trends ([0009], e.g., trends).
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Gemer, Firminger, and Roos before him/her to modify the mobile remote alcohol monitoring device mobile remote alcohol monitoring device of Gemer with the teaching of system and method for using interactive voice-recognition to automate a patient-centered best practice approach to disease evaluation and management of Roos with a motivation to obtain a trend information for better monitoring easily and accurately by using the artificial intelligence for trend finding.
Gemer as modified by Firminger and Roos does not explicitly teach, but Dolin teaches analyzing to detect trends around the monitored individual’s compliance ([0047], e.g., if trend is recognized, the compliance analysis).
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Gemer, Firminger, Roos, and Dolin before him/her to modify the mobile remote alcohol monitoring device mobile remote alcohol monitoring device of Gemer with the teaching of compliance analysis system of Dolin with a motivation to notify to a person of the trend and a possible cause allowing corrective action as taught by Dolin ([0047]) by using the trend recognition.
Gemer as modified by Firminger, Roos, and Dolin does not explicitly teach, but O’Hara teaches wherein the personally identifiable information includes biometric data ([0029], e.g., biometric), wherein the biometric data includes one or more of a DNA analysis ([0029], e.g., DNA), an earlobe geometry analysis, a hand geometry analysis, a signature analysis and a voice waveform analysis ([0029], e.g., waveform and voice).
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Gemer, Firminger, Roos, Dolin, and O’Hara before him/her to modify the mobile remote alcohol monitoring device mobile remote alcohol monitoring device of Gemer with the teaching of method and apparatus for securing passage on a common carrier and creating a passenger manifest of O’Hara with a motivation to increase accuracy of identification of an individual by using the biometric sensors.
5. Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Gemer in view of Roos, Dolin, Ronnholm, US 2005/0190065 A1 (hereinafter Ronnholm), and further in view of Spennemann et al., US 2012/0062879 A1 (hereinafter Spennemann).
As for claim 19, Gemer discloses a monitoring system comprising: at least one processor device ([0033], e.g., CPU); at least one memory architecture ([0033], e.g., CPU, note a memory for the CPU) coupled with the at least one processor device; a first software module ([0020], e.g., image capturing device and [0036], e.g., ethanol level sensor, note a software for the sensor data) executable by the at least one processor and the at least one memory architecture, wherein the first software module is configured to monitor one or more sensor(s) ([0020], e.g., image capturing device and [0036], e.g., ethanol level sensor to take air sample and measure the alcohol level), wherein the one or more sensor(s) are configured to collect personally identifiable information ([0020], e.g., identity of the monitored person is verified), wherein the personally identifiable information pertains to a monitored individual ([0020], e.g., monitored person) and enables the monitored individual to be uniquely identified ([0020], e.g., identity), and wherein the first software module is configured to analyze the personally identifiable information ([0020], e.g., identity of the monitored person is verified) and to provide real-time insights ([0036], e.g., regular intervals and [0055], e.g., alarm and/or alcohol level result) and alerts ([0036], e.g., regular intervals and [0055], e.g., alarm and/or alcohol level result); and a second software module ([0031], e.g., wireless and/or [0045], e.g., wireless, note a software for the transmission) executed by the at least one processor and the at least one memory architecture, wherein the second software module is configured to enable a wireless transmitter ([0031], e.g., wireless and/or [0045], e.g., wireless) to transmit a progress report ([0036], e.g., regular intervals and [0055], e.g., alarm and/or alcohol level result) on the monitored individual a Blood Alcohol Concentration (BAC) sensor ([0019], e.g., blood alcohol level and [0036], e.g., alcohol level sensor).
Gemer does not explicitly disclose, but Roos teaches analyze using artificial intelligence ([0009], e.g., artificial intelligence) to detect trends ([0009], e.g., trends).
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Gemer and Roos before him/her to modify the mobile remote alcohol monitoring device mobile remote alcohol monitoring device of Gemer with the teaching of system and method for using interactive voice-recognition to automate a patient-centered best practice approach to disease evaluation and management of Roos with a motivation to obtain a trend information for better monitoring easily and accurately by using the artificial intelligence for trend finding.
Gemer as modified by Roos does not explicitly teach, but Dolin teaches analyze to detect trends around the monitored individual’s compliance ([0047], e.g., if trend is recognized, the compliance analysis).
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Gemer, Roos, and Dolin before him/her to modify the mobile remote alcohol monitoring device mobile remote alcohol monitoring device of Gemer with the teaching of compliance analysis system of Dolin with a motivation to notify to a person of the trend and a possible cause allowing corrective action as taught by Dolin ([0047]) by using the trend recognition.
Gemer as modified by Roos and Dolin does not explicitly teach, but Ronnholm teaches a wristlet tether ([0042], e.g., wrist-band), wherein the wristlet tether includes a body temperature sensor ([0042], e.g., body temperature sensor).
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Gemer, Roos, Dolin, and Ronnholm before him/her to modify the mobile remote alcohol monitoring device mobile remote alcohol monitoring device of Gemer with the teaching of natural alarm clock of Ronnholm with a motivation to provide a mobile terminal having capability to determine when a user should be stimulated toward an awake state by using the sensor and wrist band.
Gemer as modified by Roos, Dolin, and Ronnholm does not explicitly teach, but Spennemann teaches the BAC sensor is a Near-Infrared Spectroscopy (NIRS) sensor ([0003], e.g., spectroscopy in the near-infrared).
Therefore, given the teachings as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the references of Gemer, Roos, Dolin, Ronnholm, and Spennemann before him/her to modify the mobile remote alcohol monitoring device mobile remote alcohol monitoring device of Gemer with the teaching of measuring instrument for determining the tissue alcohol concentration of Spennemann with a motivation to reduce the measurement time or improve signal-to-noise ratio and reduce the required installation space as taught by Spennemann ([0006]) by using the spectroscopy in the near-infrared.
Response to Arguments
Applicant's arguments, filed 8/4/26, have been considered but are moot because the arguments do not apply to any of the citations being used in the current rejection.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
1. US 2003/0108099 discloses picture encoding method and apparatus, picture decoding method and apparatus and furnishing medium.
2. US 2005/0053294 discloses techniques and tools for progressive and interlaced video coding and decoding.
3. US 2006/0126962 discloses methods and systems for reducing blocking artifacts with reduced complexity for spatially-scalable video coding.
Conclusion
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 extension fee 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 JOSEPH SUH whose telephone number is 571-270-7484. The examiner can normally be reached on Monday - Thursday, 7:30 AM - 6:00 PM.
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/JOSEPH SUH/
Primary Examiner, Art Unit 2485
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