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 .
Election/Restrictions
Applicant’s election without traverse of Group 1, Claims 1-9 in the reply filed on August 10, 2026 is acknowledged. Currently claims 1-13 are pending in this application, with claims 10-13 withdrawn from consideration.
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.
Claims 1-2 and 4-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miller et al. (US 2015/0305675, hereinafter “Miller ‘675”).
Regarding claim 1, Miller ‘675 discloses a hydration monitoring device comprising:
a processor (e.g. processing device 150);
one or more biological sensors communicable with the processor (e.g. sensors 130); and
a memory coupled with the processor (e.g. memory device 160), the memory storing instructions that, when executed, cause the processor to:
receive, via the one or more biological sensors, real-time biological data (e.g. as described in claim 1);
filter the real-time biological data into real-time biological data corresponding to a rest period (e.g. rest or active periods of [0073]),
determine a hydration index by comparing the real-time biological data corresponding to the rest period with a baseline value representing a euhydrated state (e.g. comparison to other crowdsourced data; [0050]); and
determine whether the hydration index falls within a predetermined range of expected values (e.g. calculation of hydration trend status, [0120]).
Regarding claim 2, Miller ‘675 additionally discloses instructions that further cause the processor to: generate an updated baseline value based at least in part on the hydration index (e.g. analysis performed at [0051]).
Regarding claim 4, Miller ‘675 additionally discloses instructions that further cause the processor to: track a loss in fluid volume of a user and calculating the effect of the loss in fluid volume on the user's hydration index (e.g. use of fluid level sensor; [0033]).
Regarding claim 5, Miller ‘675 additionally discloses instructions that further cause the processor to: filter the real-time biological data is filtered using a pre-processing analysis which includes a mathematical analysis including linear regression methods (e.g. regression algorithm as discloses in [0057]).
Regarding claim 6, Miller ‘675 additionally discloses instructions that further cause the processor to: evaluate one or more environmental signals selected from the group comprising an ambient temperature (e.g. environmental measurements; [0053]).
Regarding claim 7, Miller ‘675 additionally discloses instructions that further cause the processor to: gather demographic data corresponding to a user, the demographic data selected from the group comprising an age, a gender, a body mass index, a fractional fat, a weight, a genetic ethnicity, a total skin area, a Fitzpatrick skin type, and combinations thereof, wherein the demographic data is included in the creation of the baseline value (e.g. use of crowdsourced data that is mapped to individuals with similar characteristics requires collection of demographics data; [0073]-[0074]).
Regarding claim 8, Miller ‘675 additionally discloses wherein the processor, the memory, and the one or more biological sensors are stored within a wearable housing (e.g. device as shown in Figure 1).
Regarding claim 9, Miller ‘675 additionally discloses one or more environmental sensors communicable with the processor (e.g. ambient temperature sensor as disclosed in [0053]).
Claims 3 is rejected under 35 U.S.C. 103 as being unpatentable over Miller et al. (US 2015/0305675, hereinafter "Miller '675") in view of Miller et al. (US 2016/0235374, hereinafter "Miller '374").
Regarding claim 3, Miller ‘675 discloses the claimed invention but does not expressly disclose determining, based on data for the user, a baseline value for the user representing a euhydrated state for the user, but rather uses one size-fits-all crowdsourced data. Miller '374 discloses that it was well known in the art to use a baseline hydration for the user instead of crowdsourced data (e.g. baseline of hydration 612 of Figure 6, wherein the baseline data uses profile data 330 which can include hydration levels; Page 4, Paragraph 50). Examiner notes that while other user's data can be used to calculate the baseline data, the baseline value is still based upon data for a user, which is all that is required of the claim as current written. It would have been obvious to one having ordinary skill in the art to use the specific user profile data of Miller '374 in the method of Miller '675, since such a modification would provide the system with the predictable results of a reliable means of monitoring hydration of the specific user.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wilmink (USPN 10,799,173) discloses a hydration threshold detector.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Amanda K Hulbert whose telephone number is (571)270-1912. The examiner can normally be reached Monday - Friday 9:00-5:00.
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/Amanda K Hulbert/Primary Examiner, Art Unit 3792
