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 .
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.
Election/Restrictions
Applicant’s election without traverse of Groups I and II in the reply filed on 07 August 2026 is acknowledged. Applicant’s amendments to independent claim 11 have rendered moot the restriction between Group I (claims 1-10) and Group II (claims 11-15). Group III (claims 16-18) is withdrawn as being drawn to non-elected invention.
Status of Claims
Claims 1-18 are pending; claims 16-18 have been withdrawn; and claims 1-15 are currently under consideration for patentability.
Information Disclosure Statement
The Information Disclosure Statement submitted on 05 May 2025 has been acknowledged and considered by the Examiner.
Claim Objections
Claims 1, 2, 11, and 14 are objected to because of the following informalities.
Claims 1, 2, 11, and 14 contain minor typographical and/or grammatical errors.
Claim 1, line 10: Applicant is advised to change “uncover” to “uncovering”
Claim 2, line 2: Applicant is advised to change “a subject” to “the subject”
Claim 11, line 6: Applicant is advised to change “transmits” to “transmitting”
Claim 14, lines 6-7: Applicant is advised to change “the precise periods” to “precise periods”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13 and 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 13, the limitation “wherein the plurality of sensors includes temperature sensors, a 3-axis accelerometer, an ambulatory heart rate (HR) data collector, light-based sensors to gather a PPG signal” is indefinite. It is unclear whether the limitation intends to recite a Markush group, whether the word “and” should be inserted before recitation of the “light-based sensors,” whether the word “or” should be inserted before recitation of the “light-based sensors,” or whether Applicant’s intention is to recite some other limitation. Applicant is advised to amend the limitation in order to conform to Office policy.
Regarding claim 14, the claim is generally narrative and indefinite, failing to conform with current U.S. practice. The claim appears to be a literal translation into English from a foreign document and is replete with grammatical and idiomatic errors. For example, it is unclear what is meant by “wherein the accelerometer data includes a signature of low-level movement infers sleep.” Applicant is advised to amend the claim in order to conform to Office policy.
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.
(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.
Claims 1-15 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Goldstein et al. (US 2022/0061767 A1).
Regarding claim 1, Goldstein describes a method of tracking biometrics data ([0094]) comprising, using a wearable tracking including an electronic device that is worn by a subject ([0114]),
tracking biometrics data by the electronic device, wherein the electronic device includes a microprocessor and a wireless connection to track biometrics data across the lifespan of the subject ([0094])
measuring heart rate, body temperature, respiration, glucose, blood pressure, caloric intake, monitor sleep, movement and social interactions through a plurality of sensors on the electronic device ([0110], [0117], [0136])
recording data to monitor aging, metabolic/nutrition, brain injury, chronic illness research ([0168], [0240])
uncovering disease mechanisms by being able to track health data across the subject lifespan while it is experiencing stress, isolation, or disease ([0168], [0240])
performing behavior tests ([0141])
sending the biometrics data wirelessly to a cell phone, a computer, or a table device ([0143])
Regarding claim 2, Goldstein describes wherein the wearable tracker is configured to be worn on the neck of the subject ([0190]).
Regarding claim 3, Goldstein describes wherein the subject is human ([0109]).
Regarding claim 4, Goldstein describes performing aging studies on rodents and improving preclinical studies by collecting continuous biometrics data in a natural environment ([0148]).
Regarding claim 5, Goldsten describes recording physiologic changes correlated to brain changes ([0094]).
Regarding claim 6, Goldstein describes using the wearable tracker on humans for tracking aging or chronic disease ([0148]).
Regarding claim 7, Goldstein describes wherein the plurality of sensors include an accelerometer ([0112]).
Regarding claim 8, Goldstein describes
collecting longitudinal data and correlating the biometrics data with brain activity ([0110])
examining how the rodent responds to a drug, a therapy, or an environmental manipulation all in real time ([0134], [0159])
processing the biometrics data analysis by an application ([0132])
Regarding claim 9, Goldstein describes tracking physiological changes in a subject for Alzheimer's Disease ([0244])
using the wearable tracker to track sleep data ([0241])
syncing the wearable tracking with brain measurement and neuronal activity data ([0124], [0169])
analyzing the biometrics data and the brain measurement and neuronal activity data with a server system over a period of time in response to a drug or a social interaction ([0095], [0108], [0151])
wherein the wearable tracker is a smart ring ([0217]) and includes a microprocessor and an internet connection ([0094], [0113])
Regarding claim 10, Goldstein describes monitoring body temperature ([0110]).
Regarding claim 11, Goldstein describes collecting biometrics data including body temperature ([0110]), storing biometrics data while the wireless connection is not available ([0120]), and wirelessly transmitting the biometrics data to a remote processing device ([0120]).
Regarding claim 12, Goldstein describes wherein the plurality of sensors are powered by an ultra-low power device ([0117], [0240]), wherein the plurality of sensors are operably coupled to a system on a chip and a wireless communication device ([0260]), and wherein the wireless communication is Bluetooth for transmission of data from the wearable tracker to the gateway device ([0094]).
Regarding claim 13, Goldstein describes
wherein the power supply includes a power harvesting antenna tuned to a particular radio frequency to perform near-distance, non-contact, wireless charging of the device ([0188], [0231], components of an inductive charging coil)
wherein the power harvesting antenna includes a plugged-in power emitter and a power receiver ([0231])
wherein the power receiver includes a small antenna and solid-state capacitor to store the power ([0189])
wherein the plurality of sensors includes temperature sensors ([0110])
Regarding claim 14, Goldstein describes
wherein the plurality of sensors track sleep data by analyzing the accelerometer data and heart rate variability (HRV) data ([0124], [0246])
wherein the accelerometer data includes a signature of low-level movement infers sleep ([0105])
analyzing HRV data by looking at the variability between heart beats over the course of a minute during times when the animal is sleeping ([0133])
determining the period of sleep by the accelerometer data, which then triggers the heart rate sensor at a high sampling rate to measure precise periods between heartbeats ([0136])
Regarding clam 15, Goldstein describes wherein the wearable tracker includes a long, thin housing wearable on the chest or back of a subject ([0190]).
Statement on Communication via Internet
Communications via Internet e-mail are at the discretion of the applicant. Without a written authorization by applicant in place, the USPTO will not respond via Internet e-mail to any Internet correspondence which contains information subject to the confidentiality requirement as set forth in 35 U.S.C. 122. Where a written authorization is given by the applicant, communications via Internet e-mail, other than those under 35 U.S.C. 132 or which otherwise require a signature, may be used. USPTO employees are NOT permitted to initiate communications with applicants via Internet e-mail unless there is a written authorization of record in the patent application by the applicant. The following is a sample authorization form which may be used by applicant:
“Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter of this application by video conferencing, instant messaging, or electronic mail. I understand that a copy of these communications will be made of record in the application file.”
Please refer to MPEP 502.03 for guidance on Communications via Internet.
Conclusion
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Ankit D. Tejani, whose telephone number is 571-272-5140. The Examiner may normally be reached on Monday through Friday, 8:30AM through 5:00PM EST. 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, Niketa Patel, can be reached by telephone at 571-272-4156. 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 at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (in USA or Canada) or 571-272-1000.
/Ankit D Tejani/
Primary Examiner, Art Unit 3796
Prosecution Insights