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 § 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 381-383, 386, 389-394, 396 and 399-400 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cihan et al. (PGPUB 2021/0085245), hereinafter referenced as Cihan.
Regarding claims 381 and 399-400, Cihan discloses a non-transitory computer readable medium, method and system, hereinafter referenced as a medium containing instructions that when executed by at least one processor cause the at least one processor to initiate operations for detecting changes in neuromuscular activity over time, the operations comprising:
establishing a baseline of neuromuscular activity from light reflections associated with historical skin micromovements (first measurement with repeating patterns; p. 0051, 0062 with repeating patterns);
receiving current signals representing light reflections associated with current skin micromovements of an individual (reflecting light; p. 0022, 0029-0030);
identifying a deviation of the current skin micromovements from the baseline of neuromuscular activity (changes; p. 0051); and
outputting an indicator of the deviation (baseline for providing estimations for physiological conditions; p. 0051, 0023).
Regarding claim 382, Cihan discloses a medium wherein the operations further include establishing the baseline from historical signals representing prior light reflections associated with persons other than the individual (baseline for providing estimations for physiological conditions; p. 0051, 0023).
Regarding claim 383, Cihan discloses a medium wherein the operations further include establishing the baseline from historical signals representing prior light reflections associated with the individual (repeating patterns; p. 0051, 0062).
Regarding claim 386, Cihan discloses a medium wherein the operations further include receiving the current signals from a wearable light detector while the wearable light detector is worn by the individual (wearable electronic device; p. 0019).
Regarding claim 389, Cihan discloses a medium wherein the operations further include receiving the current signals from a non-wearable light detector (not wearable; p. 0019).
Regarding claim 390, Cihan discloses a medium wherein the light reflections associated with current skin micromovements are received from skin other than facial skin (headband; p. 0019).
Regarding claim 391, Cihan discloses a medium wherein the skin other than facial skin is from a neck, a wrist, or a chest of the individual (watch on wrist; p. 0019).
Regarding claim 392, Cihan discloses a medium wherein the operations further include receiving additional signals associated with skin micromovements of the individual during a period of time prior to the current skin micromovements, determining a trend of changes in the neuromuscular activity of the individual based on the current signals and the additional signals, and wherein the indicator is indicative of the trend of changes (repeating patterns; p. 0051, 0062).
Regarding claim 393, Cihan discloses a medium wherein the operations further include determining a likely cause for the deviation of the current skin micromovements from the baseline of neuromuscular activity, and wherein the indicator is indicative of the likely cause (baseline for providing estimations for physiological conditions; p. 0051, 0023).
Regarding claim 394, Cihan discloses a medium wherein the operations further include outputting an additional indicator of the likely cause for the deviation (measurements taken for various conditions; p. 0051, 0023).
Regarding claim 396, Cihan discloses a medium wherein the operations further include receiving data indicative of at least one physical condition of the individual, and wherein determining the likely cause for the deviation is based on the at least one physical condition and the identified deviation (baseline for providing estimations for physiological conditions; p. 0051, 0023).
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) 384-385, 395 and 398 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cihan in view of Panneer Selvam et al. (PGPUB 2022/0160298), hereinafter references as Selvam.
Regarding claim 384, Cihan discloses a medium wherein the historical signals are based on skin micromovements that occurred over a time period (over a time period; p.0048, 0051, 0062), but does not specifically teach more than a day.
Selvam discloses a medium determine a baseline biometric readings, behaviors and patterns of a week or other time period (p. 0114), to utilize historical data and provide accurate categorizations and responses.
Therefore, it would have been obvious to one of ordinary skill of the art, before the effective filing date of the claimed invention to modify the method as described above, to assist with monitoring data.
Regarding claim 385, it is interpreted and rejected for similar reasons as set forth above. Although Selvam does not specifically teach a year it would have been obvious for behaviors of the user for an hour, day, week, or other time period would include a year (p. 0114)
Regarding claim 395, it is interpreted and rejected for similar reasons as set forth above. In addition, Selvam discloses a medium wherein the operations further include receiving data indicative of at least one environmental condition, and wherein determining the likely cause for the deviation is based on the at least one environmental condition and the identified deviation (collect environmental information; p. 0045, 0052, 0061, 0131, 0145).
Regarding claim 398, it is interpreted and rejected for similar reasons as set forth above. In addition, Selvam discloses a medium wherein the likely cause corresponds to at least one health condition that includes a heart attack, Multiple Sclerosis (MS), Parkinson's Disease, epilepsy, or a stroke (p. 0136).
Claim(s) 387-388 and 397 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cihan in view of Ogawa et al. (PGPUB 2022/0084196), hereinafter referenced as Cihan.
Regarding claim 387, Cihan discloses a medium as described above wherein the operations further include controlling at least one wearable coherent light source in a manner enabling illumination of individual (p. 0005, 0022, 0029-0030), but does not specifically teach, and wherein the current signals are associated with light reflections from the portion of the face illuminated.
Ogawa discloses a medium wherein the current signals are associated with light reflections from the portion of the face illuminated (abstract with p. 0201-0202, 0124), to execute various biometric analysis.
Therefore, it would have been obvious to one of ordinary skill of the art, before the effective filing date of the claimed invention, to modify the method as described above, to assist with information processing.
Regarding claim 388, it is interpreted and rejected for similar reasons as set forth. In addition, Ogawa discloses a medium wherein the current skin micromovements correspond to recruitment of at least one of a zygomaticus muscle, an orbicularis oris muscle, a genioglossus muscle, a risorius muscle, or a levator labii superioris alaeque nasi muscle (p. 0158-0182, 0213-0214).
Regarding claim 397, it is interpreted and rejected for similar reasons as set forth. In addition, Ogawa discloses a medium wherein the likely cause corresponds to at least one physical condition that includes: being under an influence, tiredness, or stress (p. 0306-0307).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. This information has been detailed in the PTO 892 attached (Notice of References Cited).
O’Brien discloses a PPG sensor used to measure data.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAKIEDA R JACKSON whose telephone number is (571)272-7619. The examiner can normally be reached Mon - Fri 6:30a-2:30p.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Washburn can be reached at 571.272.5551. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAKIEDA R JACKSON/Primary Examiner, Art Unit 2657
Prosecution Insights