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(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 16-20 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.
Claim 16 recites the limitation "the bed exit monitoring device" and “the bed frame” in line 2 of the claim, “the distance sensor array” and “human body” in line 4 of the claim, “the thermal sensor” in line 5 of the claim, “the temperature sensor” in line 6 of the claim, “the processor” in line 7 of the claim, “the spatial distance readings” in lines 7-8 of the claim, “human body position state” in line 10 of the claim, and “the remote device” in lines 12-13 of the claim. There is insufficient antecedent basis for these limitations in the claim.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McAnena (US Pub No. 2022/0071512 A1).
As per claim 1, McAnena discloses a bed exit monitoring system comprising:
a distance sensor array comprising distance sensors and a sensor array module (Fig. 2, Device 100, Range Sensor 140; paragraph [0071]), each distance sensor operable to measure the distance between the human and the sensor in different angles (Figs. 6a-6f; paragraphs [0013] & [0014]), and output corresponding distance signal (paragraph [0013]); and the sensor array module operable to receive and process the distance signals output by each distance sensor and output a distance signal matrix according to all the distance signals (Fig. 5; paragraph [0008], lines 8-14);
a thermal sensor configured to measure a temperature in a range of the bed and output a corresponding temperature signal (paragraph [0008], lines 3-8);
a processing unit, configured to process a distance signal matrix of the distance sensor array and a temperature signal of the thermal sensor to determine a human body position, and output a position state signal of the human body (Figs. 6a-6f; paragraph [0008]);
a first alarm unit, configured to identify the position state signal output by the processing unit and make corresponding feedback (paragraph [0050], lines 1-6).
As per claim 2, McAnena discloses the bed exit monitoring system according to claim 1, wherein the detection angles of the distance sensors are different, and the detection angles of the distance sensor array covers the whole bed body and the vicinity of the bed (Figs. 1 and 6a-6f).
As per claim 3, McAnena discloses the bed exit monitoring system according to claim 1, wherein the distance sensor is a ToF lidar sensor (paragraph [0013]).
As per claim 4, McAnena discloses the bed exit monitoring system according to claim 1, further comprising a temperature sensor, wherein the temperature sensor communicates with the processing unit (Fig. 2, Thermographic Sensor 130, Processing Unit 150), and is configured to measure a room temperature and output a corresponding temperature signal (paragraph [0008], lines 4-8; paragraph [0031], lines 6-7: ambient temperature).
As per claim 5, McAnena discloses the bed exit monitoring system according to claim 4, wherein a classification module is arranged in the processing unit, and programmed to classify a human body position into safe, abnormal, or high-risk states based on the distance signal matrix of the distance sensor array and the temperature signal output by the thermal sensor and the temperature sensor (paragraph [0068], lines 7-13: high-risk; paragraphs [0008] & [0031]).
As per claim 6, McAnena discloses the bed exit monitoring system according to claim 1, further comprising a remote device, wherein the remote device comprises a second alarm unit, the second alarm unit is configured to identify the position state signal output by the processing unit and make a corresponding feedback, and the second alarm unit generates an auditory alarm and/or a visual alarm (paragraphs [0026] & [0122]).
As per claim 7, McAnena discloses the bed exit monitoring system according to claim 6, wherein the remote device further comprises a display unit, and the display unit communicated with the processing unit and is configured to present a real-time human body position states (paragraphs [0083] & [0122]).
As per claim 8, McAnena discloses the bed exit monitoring system according to claim 1, further comprising a communication module configured to transmit a position state signal of the human body (paragraph [0073]).
Claim(s) 10 and 12-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shin et al. (Shin; US Pub No. 2022/0051689 A1).
As per claim 10, Shin discloses a bed exit monitoring device comprising: a case (Fig. 3A), a distance sensor array (paragraph [0043], lines 6-8), a thermal sensor (paragraph [0057], line 6), a print circuit board assembly (paragraph [0123], line 4), and a speaker assembly (paragraph [0123], lines 4-5); wherein
the case is provided with a chamber set inside (Fig. 3B), and a switch set outside (paragraph [0221], lines 25-26);
the distance sensor array, disposed on the case and face the bed body (Fig. 9), comprises distance sensors and a sensor array module (Fig. 3B; paragraph [0003]; paragraph [0043], lines 6-8);
the thermal sensor is disposed on the case and faces the bed body (Fig. 9; paragraph [0057]: PIR Sensor 138);
the circuit board assembly is disposed in the chamber of the case and comprises a processor (Fig. 3B, Main Circuit Board 303; paragraph [0055]), and the processor is in communication with the distance sensor array and the thermal sensor (paragraph [0055]);
the speaker assembly is disposed on the case and in communication with the processor (Fig. 3B, Speaker Assembly 305; paragraph [0055]).
As per claim 12, Shin discloses the bed exit monitoring device according to claim 10, wherein the case is configured as a shape of a cat (It has been held to be within the general skill of a worker in the art to select a desired housing shape as a matter of obvious design choice.), and comprises a front case and a rear case, and the front case and the rear case are detachably connected (Fig. 3B); the speaker assembly comprises a speaker and a volume button, the speaker is disposed on the front case, and the volume button is disposed on the rear case (Fig. 3B; paragraph [0123], lines 4-5; paragraph [0128], lines 11-13).
As per claim 13, Shin discloses the bed exit monitoring device according to claim 10, further comprising a temperature sensor disposed on the case and configured to measure the room temperature (paragraph [0057], lines 13-15).
As per claim 14, Shin discloses the bed exit monitoring device according to claim 10, further comprising a remote device, wherein the remote device is in communication with the processor (paragraph [0245]: remote device).
As per claim 15, Shin discloses the bed exit monitoring device according to claim 14, further comprising a cloud server, wherein the cloud server is in communication connection with the processor and the remote device respectively (paragraph [0065], lines 17-21).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over McAnena in view of Lin et al. (Lin; US Patent No. 11,763,935 B2).
As per claim 9, McAnena teaches the bed exit monitoring system according to claim 6, further comprising… server sends the position state signal to the remote device (paragraphs [0026], [0051]-[0052] & [0122]).
McAnena does not expressly teach a cloud server, wherein the processing unit uploads the position state signal to the cloud server, and the cloud server sends the position state signal to the remote device.
Lin teaches a cloud server, wherein the processing unit uploads the position state signal to the cloud server, and the cloud server sends the position state signal to the remote device (col. 11, lines 7-19).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement the cloud server communication as taught by Lin, since Lin states in column 11, lines 7-19 that such a modification would result in establishing communication between two devices located remotely from one another.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin in view of Wiggermann et al. (Wiggermann; US Pub No. 2017/0032650 A1).
As per claim 11, Shin teaches the bed exit monitoring device according to claim 10.
Shin does not expressly teach further comprising a bracket disposed on the bed frame and configured for the case installation.
Wiggermann teaches further comprising a bracket disposed on the bed frame and configured for the case installation (paragraph [0051]).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement the housing mountable on a bed frame as taught by Wiggermann, since Wiggermann states in paragraph [0051] that such a configuration is well known in the art.
Claim(s) 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over McAnena in view of Shin.
As per claim 16, McAnena teaches an bed exit monitoring method comprising:
installing the bed exit monitoring device on the bed frame (paragraph [0016]);
witching on the device (paragraph [0019], line 5) and connecting to a… server (paragraph [0052]);
measuring, by the distance sensor array, the distance between human body and the distance sensor array (paragraph [0008], lines 8-14); and measuring, by the thermal sensor, the temperature within the bed body (paragraph [0010], lines 1-13); and… the room temperature (paragraph [0031], lines 6-7);
determining, by the processor, a human body position based on the spatial distance readings from the sensor array and also the temperature difference between the thermal sensor reading and the temperature sensor reading, and determining which human body position state the human in (paragraph [0008]; paragraph [0031]);
uploading, by the processor, the human body position states to a… server (paragraphs [0026], [0052] & [0122]);
sending, by the… server (paragraph [0052]), the human body position states to the remote device (paragraphs [0026] & [0122]);
displaying, by the remote device, human body position state, and feeding back corresponding prompt information in different states (paragraphs [0026] & [0122]).
McAnena does not expressly teach and connecting to a cloud server… and measuring, by the temperature sensor, the room temperature… a cloud server… sending, by the cloud server.
Shin teaches and connecting to a cloud server (paragraph [0065])… and measuring, by the temperature sensor, the room temperature (paragraph [0149]: environmental sensor for measuring temperature)… a cloud server… sending, by the cloud server (paragraph [0065]).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement the temperature sensor and cloud server as taught by Shin, since Shin states that the use of such components is well known in the art for gathering desired data and for sharing gathered data.
As per claim 17, McAnena in view of Shin further teaches the bed exit monitoring method according to claim 16, wherein the step of measuring comprises: each distance sensor in the distance sensor array measures a distance between a human body and a sensor in different angles, and outputs a corresponding distance signal; a sensor array module of the distance sensor array receives and processes the distance signal output by each distance sensor, and outputs a distance signal matrix according to all the distance signals (McAnena, Figs. 6a-6f; paragraph [0008]).
As per claim18, McAnena in view Shin further teaches the bed exit monitoring method according to claim 17, wherein the distance sensor array’s measurement range further comprises the area around the bed (McAnena, Fig. 1).
As per claim 19, McAnena in view Shin further teaches the bed exit monitoring method according to claim 16, wherein the determining which human body position state the human in comprises:
when the results of the distance sensor array readings and the temperature difference between the thermal sensor reading and the temperature sensor reading meet a first preset condition, determining, by the processor, the position of the human body as a safe state (McAnena, Figs. 6a-6b);
when the above results meet a second preset condition, determining, by the processor, the human body position as an abnormal state (McAnena, paragraph [0112]);
when the above results meet a third preset condition, determining, by the processor, the human body position as a high-risk state (McAnena, paragraph [0111]);
when the above results meet the forth preset condition, determining, by the processor, that a caregiver exists around the bed body (McAnena, paragraph [0010], lines 16-18).
As per claim 20, McAnena in view of Shin further teaches the method according to claim 19, wherein the first preset condition to the fourth preset condition are set according to a spatial size of the detection range (McAnena, paragraphs [0107]-[0118]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Baker et al. (US Pub No. 2021/0298643 A2): similar inventive concept
Bhai et al. (US Pub No. 2020/0405192 A1): similar inventive concept
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/NAOMI J SMALL/ Primary Examiner, Art Unit 2685