DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 20-39 are presented for examination on the merits.
Double Patenting
2. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-l.jsp.
3. Claims 20-39 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-24 of US Patent No. (US 12/125360), 1-17 of US Patent No. (US 10026292), claims 1-22 of US Patent No. (US 10403114), claims 1-23 of US Patent No. (US 10657787) and claims 1-25 of US Patent No. (US 11727781). Although the conflicting claims are not identical, they are not patentably distinct from each other because a system, system, comprising: monitoring device having one or more movement sensors that are configured to detect movement; one or more pressure sensors woven into an article of clothing, wherein the pressure sensors are adapted to detect pressure applied to the article of clothing; wherein the monitoring device is electrically connected to the one or more pressure sensors and the one or more movement sensors; and wherein the monitoring device is configured to calculate a triggering value by combining the movement with changes in pressure detected by the pressure sensors are conventional prior art features and the use of such features in the claims of application 18921507 would have been obvious and would not have involved a patentable invention.
The patent claims include all of the limitations of the instant application claims, respectively. The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom. (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, "a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claims preclude issuance of generic application claims”).
Claim Rejections - 35 USC § 103
4. 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.
5. 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.
6. Claim 20-33, 35 and 37-38 are rejected under 35 U.S.C. 103 as being unpatentable over Bhardwaj (AU 2013/302528 A1) in view of Otsuka (JP 2007/020844 A).
As to claim 20, Bhardwaj discloses in recommendations based on wearable sensors having the claimed:
a. a monitoring device having one or more movement sensors that are configured to detect movement read on ¶ 0033, (each 15 of the plurality of wearable items also includes one or more mechanisms to facilitate communication (e.g., transmission) of the detected sensor data to another device, such as a computing device 320. The communication may occur using Bluetooth, WIFI, near field communication (NFC), a wireless communication method, and/or via a wired connection);
b. one or more pressure sensors woven into an article of clothing, wherein the pressure sensors are adapted to detect pressure applied to the article of clothing read on ¶ 0043, (the body measuring jacket 302 may also be referred to as a smart jacket or body measurement jacket. Example configurations of the body measuring jacket 302 include, but are not limited to: a jacket embedded with a wire mesh (or grid) of contact or pressure sensors; a jacket having specifically located contact or pressure sensors; a jacket including a plurality of air chambers/channels, air pressure or volume sensors, and air 25 inlet/outlet mechanism to control the amount of air in each of the air chambers/channels; a jacket including a pattern (e.g., a plaid pattern) and an image capture device to detect the deformation of the pattern due to the user's body contours/dimensions);
c. wherein the monitoring device is electrically connected to the one or more pressure sensors and the one or more movement sensors read on ¶ 0033, (each 15 of the plurality of wearable items also includes one or more mechanisms to facilitate communication (e.g., transmission) of the detected sensor data to another device, such as a computing device 320. The communication may occur using Bluetooth, Wi-Fi___33, near field communication (NFC), a wireless communication method, and/or via a wired connection).
Bhardwaj does not explicitly recite wherein the monitoring device is configured to calculate a triggering value by combining the movement with changes in pressure detected by the pressure sensors.
However, Otsuka in bed leaving motion detecting device cures deficiency by teaching that it may be beneficial:
d. wherein the monitoring device is configured to calculate a triggering value (reference position) by combining the movement with changes in pressure detected by the pressure sensors read on Page 2, Para. 4, Page 5, Para. 13 Page 7, Para. 7, (the bed leaving motion detection apparatus and bed leaving motion detection method according to the present invention measure the position of the human body on the bed, and the distance in the longitudinal direction of the bed between the measured human body position and a predetermined reference position is predetermined. It is determined that the movement is larger than the reference distance as an action before leaving the bed. Preferably, the motion detection means includes a pressure sensor that detects a pressure applied to the bed, and detects that the pressure detected by the pressure sensor is equal to or higher than a predetermined reference bed pressure value as the motion. Further, the bed leaving motion detection method according to the present invention includes a deviation calculating procedure in which a deviation calculating unit calculates a deviation of the human body position within a first predetermined time measured in the position measuring procedure every second predetermined time; A deviation determination means determines that the deviation calculated in the deviation calculation procedure is within a predetermined reference deviation as a stationary state).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the apparatus and method for detecting motion of leaving one's sickbed of Otsuka into Bhardwaj in order to provide a bed leaving motion detection device and a bed leaving motion detection method that detect a motion before bed leaving with a simple structure.
As to claim 21, Bhardwaj further discloses:
a. wherein the monitoring device begins processing input from the pressure sensors and/or the movement sensors when movement measured by at least one sensor of the movement sensors exceeds a predetermined activation threshold read on ¶ 0080, (the sensor data indicates that the user 300 has taken a certain number of total steps in the shoes 316. The cumulative total number of steps exceeds a pre-determined threshold value, the pre-determined threshold value set at a number of steps at which the shoes 316 is getting old and should be replaced).
As to claim 22, Otsuka further teaches:
a. wherein the monitoring device calculates the triggering value according to movement in a first plane of motion and separate movement in a second plane of motion that is different than the first plane of motion read on Page 14, Para. 3, (The moving distance calculation means 12 shown in FIG. 1 calculates the distance in the longitudinal direction of the bed 101 between the predetermined reference position 111 and the human body position 112 shown in FIG. For example, when the lateral direction of the bed 101 is the X-axis direction and the longitudinal direction of the bed 101 is the Y-axis direction, a predetermined reference position 111 (X111, Y111) and the human body position 112 measured by the position measuring unit 11 are used. The distance | Y112−Y111 | in the longitudinal direction of the bed 101 with (X112, Y112) is calculated as the movement distance 122).
As to claim 23, Bhardwaj further discloses:
a. wherein the pressure and movement data is used to generate an alert message, and wherein the monitoring device is operable to send the alert message to a remote computing device read on ¶ 0088 – 0091, (if the recommendation module 408 determines that the user 300 is exhibiting signs of loss of motor coordination, a sudden fall, or other sudden change in movement/physical state that is not consistent with normal behavior, then a sudden illness may have occurred and an ambulance (or nearby person or user's 300 spouse) should be alerted. At a block 510f, the presentation module 402 can 10 facilitate calling medical personnel or a loved one, or even emitting a noise or alert message to evoke a response from the user 300 or a nearby person. In some embodiments, the sensor data analysis module 404 (in conjunction with the user profile module 406) may determine that the received sensor data alone (or in conjunction with the user profile information) do not represent a state change or trigger that 15 warrants a recommendation. In which case block 5 10f may not occur. For example, if the received sensor data indicates that the user 300 is not intoxicated or ill (e.g., below a threshold), then no recommendation may be necessary at that point in time. Accordingly, a variety of information captured by sensors included in clothing 25 and/or accessories that the user 300 (normally) wears are communicated to the computing device 320, such as the user's 300 smartphone or tablet, for analysis and response).
As to claim 24, Bhardwaj further discloses:
a. wherein the one or more movement sensors include a gyroscope sensor detecting changes in angular velocity, and an accelerometer detecting changes in acceleration read on ¶ 0085, (the computing device 320 receives sensor data from one or more of the wearable sensors capable of detecting the user's 300 movement or body physiology and physical environment. The shirt 310 and/or pants 312, for example, may include 25 gyroscope or accelerometer sensors to detect the user's movements and a pattern of movement indicative of impairment in motor functions).
As to claim 25, Otsuka further teaches:
a. wherein the monitoring device stops processing data received from the one or more movement sensors when input from the movement sensors remains at or below a predetermined activation threshold for a predetermined period of time read on Page 4, Para. 6, (By measuring the human body position using the round trip time of the reflected detection signal, the human body position within the predetermined plane is not measured in the posture where the upper body is tilted but is measured in the posture where the upper body is raised. Can be measured. By measuring the position of the human body within the predetermined plane, it is possible to detect that the human body on the bed has raised the upper body).
As to claim 26, Bhardwaj further discloses:
a. wherein the monitoring device is configured to generate an alert message when movement detected by the movement sensors exceed a predetermined alert threshold read on ¶ 0091, (a variety of information captured by sensors included in clothing 25 and/or accessories that the user 300 (normally) wears are communicated to the computing device 320, such as the user's 300 smartphone or tablet, for analysis and response. In response, the computing device 320 alone or in conjunction with user profile data and/or other data source(s) formulates an action that is tailored to the user 300 and which is context specific to the user's current physical activity, physical environment, physiological state, 30 and/or user profile. If the sensor data (or in conjunction with the user profile information) satisfies a state change or trigger, then the computing device 320 is configured to present one or more recommendations /notifications to the user 300).
As to claim 27, Otsuka further teaches:
a. wherein the monitoring device is configured to calculate a triggering value based on input from the pressure sensors, and/or the movement sensors read on Page 2, Para. 4 & Page 5, Para. 13, (the bed leaving motion detection apparatus and bed leaving motion detection method according to the present invention measure the position of the human body on the bed, and the distance in the longitudinal direction of the bed between the measured human body position and a predetermined reference position is predetermined. It is determined that the movement is larger than the reference distance as an action before leaving the bed. Preferably, the motion detection means includes a pressure sensor that detects a pressure applied to the bed, and detects that the pressure detected by the pressure sensor is equal to or higher than a predetermined reference bed pressure value as the motion).
As to claim 28, Bhardwaj further discloses:
a. wherein the monitoring device is configured to broadcast an alert message when the triggering value exceeds a predetermined alert threshold read on ¶ 0091, (a variety of information captured by sensors included in clothing 25 and/or accessories that the user 300 (normally) wears are communicated to the computing device 320, such as the user's 300 smartphone or tablet, for analysis and response. In response, the computing device 320 alone or in conjunction with user profile data and/or other data source(s) formulates an action that is tailored to the user 300 and which is context specific to the user's current physical activity, physical environment, physiological state, 30 and/or user profile. If the sensor data (or in conjunction with the user profile information) satisfies a state change or trigger, then the computing device 320 is configured to present one or more recommendations /notifications to the user 300).
As to claim 29, Bhardwaj further discloses:
a. wherein the article of clothing is a sock or gown read on ¶ 0033, (A plurality of wearable sensors (also referred to as sensors, sensor devices, wearable sensor devices, wearable sensor accessories, body sensors, wearable body sensors, remote body sensors, or remote sensors) are included in, but are not limited to, articles of clothing (a body measuring jacket 302, a hat 304, a shirt 310, pants 312, belt (not shown)), eye glasses 306, jewelry 308, a wrist watch 10 314, shoes 316, wristband, armband, accessories, and/or other items (collectively referred to as items wearable by the user 300 or wearable items) that can be worn by the user 300).
As to claim 30, the claim is interpreted and rejected as to claim 1.
As to claim 31, Bhardwaj further discloses:
a. comparing the triggering value to one or more alert threshold values using the monitoring device read on ¶ 0091, (in response, the computing device 320 alone or in conjunction with user profile data and/or other data source(s) formulates an action that is tailored to the user 300 and which is context specific to the user's current physical activity, physical environment, physiological state, 30 and/or user profile. If the sensor data (or in conjunction with the user profile information) satisfies a state change or trigger, then the computing device 320 is configured to present one or more recommendations /notifications to the user 300).
As to claim 32, Bhardwaj further discloses:
a. generating an alert message when movement detected by the one or more movement sensors exceed a predetermined alert threshold read on ¶ 0091, (In response, the computing device 320 alone or in conjunction with user profile data and/or other data source(s) formulates an action that is tailored to the user 300 and which is context specific to the user's current physical activity, physical environment, physiological state, 30 and/or user profile. If the sensor data (or in conjunction with the user profile information) satisfies a state change or trigger, then the computing device 320 is configured to present one or more recommendations /notifications to the user 300).
As to claim 33, the claim is interpreted and rejected as to claim 29.
As to claim 35, Otsuka further teaches:
a. activating the monitoring device to process data from the movement and pressure sensors when movement detected by the monitoring device exceeds a predetermined activation threshold read on Page 25, Para. 5, (The relative number determination unit 73 determines that the number of the pressure detection units74 measured by the pressure sensitive number measuring unit 71 is smaller than the reference relative number stored in the pressure sensitive number storage unit 72 as the operation before leaving the bed. It is. The reference relative number is the number of pressure detection units 74measured in the past by the pressure-sensitive number measuring unit 71, and is, for example, the latest one or the pressure-sensitive number measuring unit 71 measured last time. If the reference relative number is the latest number of pressure detection units 74, it can be determined that the operation is before bed leaving compared to the number of pressure detection units 74 measured last time. Thus, since it is determined that the number of pressure detection units that have detected that pressure is applied is smaller than the number of pressure detection units stored in the pressure-sensitive number storage unit, the operation before leaving the bed is performed. It can be detected that the area to which pressure is applied is reduced. Thereby, the operation before leaving the bed can be detected without performing complicated processing. Therefore, it is possible to detect the motion before leaving the bed with a simple configuration).
As to claim 37, Otsuka further teaches:
a. wherein the movement sensors include at least one of a gyroscope sensor or an accelerometer, the movement sensors detecting motion along three separate independent axes of rotation read on Page 18, Para. 2, (the motion detection means 21 includes, for example, an acceleration sensor that detects the magnitude of the acceleration of a part of the human body on the bed 101, and if the acceleration detected by the acceleration sensor is equal to or greater than a predetermined reference part acceleration, It is to detect. In this case, the acceleration sensor detects dynamic acceleration in a one-dimensional, two-dimensional or three-dimensional direction. The part of the human body is, for example, a torso including a head, a neck, a foot, or a waist. Two or more acceleration sensors maybe included, and for example, the magnitude of the acceleration of the waist and the head may be detected. The motion detection means 21 detects as motion that the acceleration detected by the acceleration sensor is equal to or greater than a predetermined reference portion acceleration. The reference part acceleration is the magnitude of acceleration predetermined as a threshold value. For example, it can be set in the same manner as the above-described reference amplitude. Since the magnitude of acceleration of a part of the human body on the bed is detected by the acceleration sensor, a slight motion of the human body on the bed can be detected).
As to claim 38, Bhardwaj further discloses:
a. applying the article of clothing to a patient; and coupling the monitoring device to the article of clothing read on ¶ 0043, (the body measuring jacket 302 may also be referred to as a smart jacket or body measurement jacket. Example configurations of the body measuring jacket 302 include, but are not limited to: a jacket embedded with a wire mesh (or grid) of contact or pressure sensors; a jacket having specifically located contact or pressure sensors; a jacket including a plurality of air chambers/channels, air pressure or volume sensors, and air 25 inlet/outlet mechanism to control the amount of air in each of the air chambers/channels; a jacket including a pattern (e.g., a plaid pattern) and an image capture device to detect the deformation of the pattern due to the user's body contours/dimensions);
As to claim 39, Otsuka further teaches:
a. deactivating the monitoring device to stop processing input from the movement sensors and the pressure sensors when movement detected by the movement sensors has remained less than or equal to an activation threshold for greater than a predetermined activation timeout read on Page 4, Para. 6, (By measuring the human body position using the round trip time of the reflected detection signal, the human body position within the predetermined plane is not measured in the posture where the upper body is tilted but is measured in the posture where the upper body is raised. Can be measured. By measuring the position of the human body within the predetermined plane, it is possible to detect that the human body on the bed has raised the upper body)
8. Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Bhardwaj in view of Otsuka in view of Esposito (US 20160367191 A1).
As to claim 34, Bhardwaj in view of Otsuka does not explicitly recite wherein the pressure sensors include resistive threads that change resistance according to the pressure applied to the article of clothing.
However, Esposito in automatic teller machine safety verification cures deficiency by teaching that it may be beneficial wherein the pressure sensors include resistive threads that change resistance according to the pressure applied to the article of clothing read on ¶ 0018 and Claim 7, (For garment and similar applications, for example, one or more sensor(s) and/or sensor assemblies may be mounted to (e.g., sewn or otherwise attached or connected or fixed or bonded or adhered to) or integrated in (e.g., by weaving, knitting, or the like) a surface of a fabric or textile forming a garment for contacting a user's skin, directly or indirectly, during use, and detecting pressure exerted by or against an individual's skin, or other parameters sensed at or near a skin surface. In situations where pressure or other parameters are desired to be measured as they impact an outer surface or fabric layer, one or more sensor(s) may be mounted to or integrated in an external surface of a garment. The garment of claim 1, wherein each pressure sensor comprises a material selected from the group consisting of: a resistive textile; a resistive thread; a resistive yarn; a resistive fiber; a resistive thermoplastic elastomer (TPE); a resistive ink; and a resistive silicon-containing material).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the sensor systems for user-specific evaluation of gait, footwear and garment fitting; monitoring of contact, force, pressure and/or shear at or near body surfaces of Esposito into Bhardwaj in view of Otsuka in order to provide sensory data for patients suffering from neuropathy, for gait analysis, rehabilitation assessment, monitoring athletic and fitness activities, and the like, have been proposed. Gait analysis may be particularly important for monitoring athletic and fitness activities, and for monitoring individuals with various types of injuries who may be at risk for falling. Accurate gait analysis may be used to detect injuries and falling incidents, and to predict the likelihood or onset of injury, as well as the likelihood of falling.
Allowable Subject Matter
7. Claim 36 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. However, an updated search will need to be performed after the next response from Applicant.
Citation of pertinent Prior Arts
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see PTO-892 Notice of References Cited.
Conclusion
9. If the claimed invention is amended, Applicant is respectfully requested to indicate the portion(s) of the specification, which dictate(s) the structure/description relied upon to assist the Examiner in proper interpretation of the amended language and also to verify and ascertain the metes and bounds of the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fekadeselassie Girma whose telephone number is (571) 270-5886. The examiner can normally be reached on Monday thru Friday, 8:30 – 5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta W. Goins can be reached on (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Fekadeselassie Girma/
Primary Examiner Art Unit 2689