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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(f): (FP 7.30.03)
(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. (FP 7.30.05)
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 limitation(s) is/are: a measurement device that includes a first communication unit and a second communication unit and that acquires a measurement result of biological information of a user, the first communication unit performing communication by a first communication method and the second communication unit performing communication by a second communication method different from the first communication method; a terminal device that includes a terminal communication unit that performs communication with the first communication unit of the measurement device, and a terminal notification unit that provides notification of the measurement result acquired by the terminal communication unit; and a notification device that includes a notification communication unit that performs communication with the second communication unit of the measurement device by the second communication method, and a notification unit that provides notification of the measurement result acquired by the notification communication unit as mentioned in claim 1.
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. (FP 7.30.06)
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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jeon, U.S. Publication No. 2024/0108290.
Regarding Claim 1, Jeon discloses a measurement system, comprising:
a measurement device (i.e., wearable multi-biosignal measuring device 1000;
see figures 1-2) that includes a first communication unit and a second communication unit and that acquires a measurement result of biological information of a user (i.e., the central control unit 100 transmits the multi-biosignal measurement data received from the sensor control unit 200 to the remote monitoring system 2000 via a gateway through wireless communication units 302 to 304 as shown in FIG. 2.; see paragraph [0081]), the first communication unit performing communication by a first communication method and the second communication unit performing communication by a second communication method different from the first communication method (for example, the first wireless communication unit 302 is a communication unit for accessing the remote monitoring system 2000 without going through a user's smart phone, and may include for example, a wireless-fidelity (WiFi) network, a narrow band Internet of Things (NB-IoT) network, or a Long Term Evolution (LTE) network. The second wireless communication unit 303 is a communication unit for when a user's smart phone is used as a gateway, and in this case access is made through Bluetooth Low Energy (BLE) communication.; see paragraph [0084]);
a terminal device (i.e., when a user's smart phone is used as a gateway; see
paragraph [0084] and figures 1-2) that includes a terminal communication unit that
performs communication with the first communication unit (considered as the second wireless communication unit 303) of the measurement device (i.e., the wireless communication units 302 to 304 are connected to the central control unit 100 and transmit biosignal measurement signals received from the central control unit 100 to the remote monitoring system 2000 through the gateway 4000…the second wireless communication unit 303 is a communication unit for when a user's smart phone is used as a gateway therefore, the smart phone/gateway has a terminal communication unit; see paragraph [0084]), and a terminal notification unit that provides notification of the measurement result acquired by the terminal communication unit (i.e., transmit biosignal measurement signals received from the central control unit 100 to the remote monitoring system 2000 through the gateway 4000; see paragraph [0084]. In other words, the gateway 4000 used as a smart phone notifies the remote monitoring system 2000 of the biosignal measurements); and
a notification device (i.e., remote monitoring system 2000; see figures 1-2)
that includes a notification communication unit that performs communication with the second communication unit (considered as the first wireless communication unit 302) of the measurement device by the second communication method (i.e., the first wireless communication unit 302 is a communication unit for accessing the remote monitoring system 2000 without going through a user's smart phone, and may include for example, a wireless-fidelity (WiFi) network, a narrow band Internet of Things (NB-IoT) network, or a Long Term Evolution (LTE) network; see paragraph [0084]), and a notification unit that provides notification of the measurement result acquired by the notification communication unit (i.e., the central control unit 100 may provide data received from the remote monitoring system 2000, for example, message data, such as a control command or notification indicating a biosignal measurement cycle, a diagnosis result derived using an AI-based diagnosis algorithm, and the like to a data output part of the user interface unit 101 such that the data is displayed on the display. A control command instructing measurement of a biosignal may be generated from the remote monitoring system 2000.; see paragraph [0081]).
Regarding Claim 2, Jeon discloses wherein the first communication unit stops communication with the terminal device in a case in which the measurement device is in communication with the notification device by the second communication unit (in other words, the remote monitoring system 2000 can receive the biosignal measurement signals from the wireless communication units 302 to 304 as described in paragraph [0084]).
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.
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeon.
Regarding Claim 7, Jeon discloses the measurement system as described
above. However, also teaches the gateway 4000 as a smart phone that is able to communicate with the measuring device 1000 via the second wireless communication unit 303/second communication method and communicate with the remote monitoring system 2000 (in other words, via a third communication method different from all other communication methods specifically during communication with the measuring device 1000. The gateway 4000/smart phone uses the third communication method for transmitting the biosignal measurement signals received from the measuring device 1000 to the remote monitoring system 2000 as described and shown throughout Jeon’s figures 1-2 and paragraph [0084]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Jeon’s teachings of further comprising a communication device that is configured to perform communication with the measurement device by the second communication method and is configured to perform communication by a third communication method different from the first communication method and the second communication method during communication with the measurement device by the second communication method,
wherein the measurement device stops communication by the first communication unit during communication with the communication device (as required in the claim) for allowing continuous, real life monitoring and an immediate response as described throughout Jeon.
Regarding Claim 8, Jeon discloses the measurement system as described
above. However, also teaches the gateway 4000 as a smart phone/terminal device which is known to have displays as notification units. See figure 1. Further, paragraphs [0056] and [0058] of Jeon teach the biometric monitoring server 2100 of the remote monitoring system 2000 performs a function of displaying biometric information to enable real-time monitoring of biometric information. Therefore, the notification device/remote monitoring system 2000 has a notification unit as a display. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Jeon’s teachings wherein the terminal notification unit of the terminal device and the notification unit of the notification device are displays (as required in the claim) for allowing continuous, real life monitoring and an immediate response as described throughout Jeon.
Claim(s) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeon in view of Mensinger et al. (Mensinger), U.S. Publication No. 2009/0240128.
Regarding Claim 3, Jeon discloses the measurement system as described
above. Jeon fails to disclose wherein the second communication method is a communication method based on electrical connection between the measurement device and the notification device. Mensinger discloses wherein the second communication method is a communication method based on electrical connection between the measurement device and the notification device (see paragraph [0127]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Mensinger’s invention with Jeon’s invention for continuous measuring and monitoring.
Regarding Claim 4, Jeon discloses the measurement system as described
above. Jeon fails to disclose wherein the second communication method is an optical communication method between the measurement device and the notification device. Mensinger discloses wherein the second communication method is an optical communication method between the measurement device and the notification device (see paragraph [0127]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Mensinger’s invention with Jeon’s invention for continuous measuring and monitoring.
Regarding Claim 5, Jeon discloses the measurement system as described
above. Jeon fails to disclose wherein the optical communication method is an infrared communication method. Mensinger discloses wherein the optical communication method is an infrared communication method (see paragraph [0127]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Mensinger’s invention with Jeon’s invention for continuous measuring and monitoring.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeon in view of Marshall, U.S. Publication No. 2022/0063041.
Regarding Claim 6, Jeon discloses the measurement system wherein the second communication method is a communication method between the measurement device and the notification device as described above. Jeon fails to disclose based on non-contact Ethernet communication. Marshall discloses based on non-contact Ethernet communication (see paragraph [0046]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Marshall’s invention with Jeon’s invention for ensuring good communications can be maintained as described throughout Marshall.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANTELL LAKETA HEIBER whose telephone number is (571)272-0886. The examiner can normally be reached on M-F from 9am to 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Addy, can be reached at telephone number 571-272-7795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHANTELL L HEIBER/Primary Examiner, Art Unit 2645
August 6, 2026
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