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 Objections
Claim 42 is objected to because of the following informalities: there is a typo in the first line of the claim, specifically the phrase “The method of any one of claims claim 38” appears to have mistakenly omitted a deletion in the preliminary amendment of the claim language. Appropriate correction is required.
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, 2, 3, 4, 12, 14, 28, 33, 34, 35, 37, 38, 42, 48, 49 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Little (US 20220287576).
Regarding claim 1, (Original) A bracelet comprising a geolocation sensor and one or more physiological sensors selected from a heart rate sensor, an oxygen saturation sensor, a blood pressure sensor, a respiratory rate sensor, a temperature sensor, a vital sign monitoring (VSM) sensor, an impact detection sensor, a position sensor, a contact sensor, a hydration sensor, an electrolyte sensor, and a movement sensor, wherein the geolocation sensor and/or the one or more physiological sensors is integrated within the bracelet. (“According to some non-limiting, example embodiments, a system includes an alert device and a detainee health alert device. The alert device includes an alert device display. The detainee health alert device includes a physiological sensor, configured to capture physiological data of a detainee, and processing circuitry. The physiological data includes heart rate data and blood oxygen data.” Little: paragraph 6 & Figures 2A, 2B, 2C, 3A, 3B)
Regarding claim 2, (Original) A bracelet comprising a geolocation sensor and one or more physiological sensors selected from a heart rate sensor, an oxygen saturation sensor, a blood pressure sensor, a respiratory rate sensor, a temperature sensor, a vital sign monitoring (VSM) sensor, an impact detection sensor, a position sensor, a contact sensor, a hydration sensor, an electrolyte sensor, and a movement sensor, (“According to some non-limiting, example embodiments, a system includes an alert device and a detainee health alert device. The alert device includes an alert device display. The detainee health alert device includes a physiological sensor, configured to capture physiological data of a detainee, and processing circuitry. The physiological data includes heart rate data and blood oxygen data.” Little: paragraph 6)
wherein the geolocation sensor and/or the one or more physiological sensors is configured to be activated upon contact with a user and/or by deformation of the bracelet. (“According to various example embodiments, the processing circuitry 510 may be configured to control the operation of the physiological sensor 522 based on receipt of the applied signal from the application detection sensor 524. According to some example embodiments, the processing circuitry 510 may be configured to maintain the physiological sensor 522 in a dormant state until the applied signal is received from the application detection sensor 524. In response to receiving the applied signal from the application detection sensor 524, the processing circuitry 510 may be configured to activate the physiological sensor 522 to begin capturing the physiological data.” Little: paragraph 48 & “As described above, the processing circuitry 510 may be configured to activate the physiological sensor 522 at 604, when the applied signal is received by the processing circuitry 510 indicating that the application detection sensor 524 has been triggered and the detainee health alert device 500 has been applied to a detainee” Little: paragraph 54)
Regarding claim 3, (Currently Amended) The bracelet of claim 1 or 2, wherein the bracelet comprises an extended configuration and a coiled configuration. (“Alternatively, according to some example embodiments, the clasps 250 may be formed of steel or a similar metal elongated strips having a U-shaped cross-section that can quickly transition between a flat orientation and a curled orientation by buckling the strips when in the flat orientation (e.g., slap bracelet). As such, the clasps 250 may include a spring-bias or spring device that facilitates application of the detainee health alert device 200 on the individual being detained.” Little: paragraph 25)
Regarding claim 4, (Currently Amended) The bracelet of claim 3, wherein the bracelet comprises:(a) a first end and a second end opposite the first end, wherein the first end of the bracelet is configured to partially overlap with the second end of the bracelet upon coiling around an appendage of a user or(b) a layer comprising flexible material shaped with a width-wise arc, wherein the layer is disposed in a linear orientation in the extended configuration and in a coiled orientation in the coiled configuration, and wherein the bracelet is configured to adopt the coiled orientation by deforming the width-wise arc. (“Alternatively, according to some example embodiments, the clasps 250 may be formed of steel or a similar metal elongated strips having a U-shaped cross-section that can quickly transition between a flat orientation and a curled orientation by buckling the strips when in the flat orientation (e.g., slap bracelet). As such, the clasps 250 may include a spring-bias or spring device that facilitates application of the detainee health alert device 200 on the individual being detained.” Little: paragraph 25)
Regarding claim 12, (Currently Amended) The bracelet of claim 1 any one of claims 1-11, wherein the bracelet is configured to be worn on a neck, an arm, or a leg of a subject. (Little: Figures 2A, 2B, 2C, 3A, 3B)
Regarding claim 14, (Currently Amended) The bracelet of claim 1, wherein the geolocation sensor comprises a global positioning satellite module. (“In this regard, the location sensor 526 may be configured to receive global positioning system (GPS) signals to determine a location of the detainee health alert device 500” Little: paragraph 51)
Regarding claim 28, (Currently Amended) The bracelet of claim 1, wherein the bracelet is configured to interact with an end-user peripheral device and/or another bracelet. (“The communications interface 540 may include one or more interface mechanisms for enabling communication with other devices external to the detainee health alert device 500, via, for example, network 104, which may, for example, be a local area network, the Internet, or the like, through a direct (wired or wireless) communication link to another external device, or the like. In some cases, the communications interface 540 may be any means such as a device or circuitry embodied in either hardware, or a combination of hardware and software that is configured to receive or transmit data from/to devices in communication with the processing circuitry 510. The communications interface 540 may be a wired or wireless interface and may support various communications protocols (WI-FI®, BLUETOOTH®, cellular, or the like).” Little: paragraph 43)
Regarding claim 33, (Currently Amended) A system comprising the bracelet of claim 1 and an end user peripheral device, wherein the bracelet is wired or wirelessly connected to the end-user peripheral device. (“The communications interface 540 may include one or more interface mechanisms for enabling communication with other devices external to the detainee health alert device 500, via, for example, network 104, which may, for example, be a local area network, the Internet, or the like, through a direct (wired or wireless) communication link to another external device, or the like. In some cases, the communications interface 540 may be any means such as a device or circuitry embodied in either hardware, or a combination of hardware and software that is configured to receive or transmit data from/to devices in communication with the processing circuitry 510. The communications interface 540 may be a wired or wireless interface and may support various communications protocols (WI-FI®, BLUETOOTH®, cellular, or the like).” Little: paragraph 43)
Regarding claim 34, (Original) The system of claim 33, wherein the end-user peripheral device comprises: a display; one or more processors coupled to the display; and a non-transient memory storing instructions that, when executed by the one or more processors, causes the one or more processors to perform operations including: rendering a graphical user interface in the display; processing sensor data to produce physiological data; receiving an input of physiological data to the graphical user interface; and/or displaying the physiological data on the graphical user interface; wherein the peripheral device is configured for wired or wireless communication with one or more sensors of the bracelet. (“Having provided a general overview of some aspects of example embodiments, FIG. 1 illustrates an example system 100. The system 100 includes a detainee health alert device 102, that is associated with handcuffs, and a number of alert devices that are remote from, but in communication with, the detainee health alert device 102 either directly or via a network 104. The various types of alert devices operating as network entities may include an arresting officer device 106, assisting officer devices 108, a supervisor interface device 110, a dispatch interface device 112, and a medic device 114. The alert devices may be include communications capabilities and a user interface to output visual or audible risk alerts, as well as other related-information.” Little: paragraph 22)
Regarding claim 35, (Original) The system of claim 34, wherein the physiological data are selected from one or more of heart rate, heart rate variability, oxygen saturation, blood pressure, respiratory rate, temperature, vital signs, injury status, position, body orientation, and movement status. (“The physiological sensors may be operably coupled to processing circuitry configured to analyze the physiological data to develop the health metric parameter and trigger alerts if the health metric parameter exceeds situationally-defined thresholds. Such alerts may include local alerts on a display of the detainee health alert device or via a sounder of the detainee health alert device. The triggering of alerts may also include transmission of a communication to a remote alert device, directly or via a network.” Little: paragraph 19)
Regarding claim 37, (Currently Amended) The system of claim 33, comprising a plurality of the bracelets, each of which is independently wirelessly connected to the end-user peripheral device. (“The supervisor interface device 110 and the dispatch interface device 112 may be monitoring interfaces that may be configured to monitor activity of a number of detainee health alert devices that may be deployed in the field.” Little: paragraph 23)
Regarding claim 38, (Currently Amended) A method for presenting physiological and/or geolocation data regarding the status or health state of a subject wearing the bracelet of claim 1, the method comprising acquiring the physiological data from the geolocation sensor and the one or more physiological sensors of the bracelet and presenting the physiological data on an end-user peripheral device. (“The physiological sensors may be operably coupled to processing circuitry configured to analyze the physiological data to develop the health metric parameter and trigger alerts if the health metric parameter exceeds situationally-defined thresholds. Such alerts may include local alerts on a display of the detainee health alert device or via a sounder of the detainee health alert device. The triggering of alerts may also include transmission of a communication to a remote alert device, directly or via a network.” Little: paragraph 19)
Regarding claim 42, (Currently Amended) The method of any one of claims claim 38, further comprising assigning a health state to the subject wearing the bracelet based on the physiological data, triaging treatment of the subject by a third-party responder, and/or alerting a third-party responder to treat the subject. (“As such, when these devices output a risk alert, the officers may be immediately aware of the alert and take action to rectify the health risk to the detainee. The supervisor interface device 110, the dispatch interface device 112, and the medic device 114 may be more remote devices that are likely to be communicated with via a network, such as the Internet. The supervisor interface device 110 and the dispatch interface device 112 may be monitoring interfaces that may be configured to monitor activity of a number of detainee health alert devices that may be deployed in the field. The medic device 114 may be, for example, installed in an ambulance or the like to provide a risk alert to medical personnel and prompt the medical personnel to move to the location of the detainee to provide medical services.” Little: paragraph 23)
Regarding claim 48, (Currently Amended) The method of claim 38, wherein the bracelet comprises a mechanical stimulus and/or an audio or visual recording and/or transmitting device and the method comprises presenting an audio, visual, or mechanical message on the peripheral device or the bracelet. (“Referring to FIG. 2C, a top view of the detainee health alert device 200 is provided. The top of the detainee health alert device 200 may be the side of the detainee health alert device 200 that faces away from the detainee's wrist when applied. As such, the top side of the main housing 210 may include, for example, a display 214, a sounder 216, and clamp connectors 218.” Little: paragraph 27)
Regarding claim 49, the claim is interpreted and rejected as claim 1 stated above.
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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Little in view of Koeppel (US 20120324945).
Regarding claim 8, (Currently Amended) The bracelet of claim 4, further comprising an outer layer that covers the layer comprising the flexible material is not specifically disclosed by Little. Koeppel discloses a flexible bracelet that teaches using a fabric layer to cover the flexible layer of the bracelet (“In an embodiment, the top surface of the bracelet is a surface of a second layer formed of a material selected from the group normally used in slap bracelets, such as fabric, leather, plastic, silicone and the like, the second layer having a decorative appearance. The bottom surface of the bracelet, in another embodiment, is a surface of a third layer formed of a material normally used in a slap bracelet, such as fabric, leather, plastic, silicone and the like. In another embodiment, the top surface of the bracelet is a surface of a second layer formed of a material selected from the group normally used in slap bracelets, such as fabric, leather, plastic, silicone and the like, the second layer having a decorative appearance, and the bottom surface of the bracelet, in another embodiment, is a surface of a third layer formed of a material normally used in a slap bracelet, such as fabric, leather, plastic, silicone and the like.” Koeppel: paragraph 7). Modifying Little to include a fabric cover over the flexible material would increase the overall utility of the system by providing the user with additional options for the look of the device. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Little according to Koeppel.
Claim(s) 15, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Little in view of Repko (US 20100085279).
Regarding claim 15, (Currently Amended) The bracelet of claim 1, further comprising one or more of a button that activates the geolocation sensor and/or the one or more physiological sensors, a transmitter that transmits data from the geolocation sensor and/or the one or more physiological sensors, a radio node, an orientation sensor, and an audio or visual recording device is not specifically disclosed by Little. Repko discloses an electronic bracelet device that teaches using a button for activation/deactivation of the device (“For operation, the bracelet is provided with a battery that provides power to all of the bracelet's electronic components. Further, the bracelet includes data entry means such as buttons for activating and deactivating the bracelet, for ignoring messages, for adjusting the display brightness, and for similar purposes.” Repko: paragraph 10). Modifying Little to include a button for activating the device would increase the overall utility of the system by providing the user with means to turn on and off the bracelet. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Little according to Repko.
Regarding claim 18, (Currently Amended) The bracelet of claim 15, wherein; (a) the transmitter is a radio frequency transmitter, a cellular transmitter, a WiFi transmitter, an adaptive network topology (ANT) transmitter, a satellite transmitter, or a Bluetooth transmitter; (b) the radio node is configured to be integrated within a local area network (LAN) topology; and/or (c) the orientation sensor is configured to provide an audio, visual, or mechanical stimulus when the bracelet is adorned in a correct orientation on a subject. (“The communications interface 540 may include one or more interface mechanisms for enabling communication with other devices external to the detainee health alert device 500, via, for example, network 104, which may, for example, be a local area network, the Internet, or the like, through a direct (wired or wireless) communication link to another external device, or the like. In some cases, the communications interface 540 may be any means such as a device or circuitry embodied in either hardware, or a combination of hardware and software that is configured to receive or transmit data from/to devices in communication with the processing circuitry 510. The communications interface 540 may be a wired or wireless interface and may support various communications protocols (WI-FI®, BLUETOOTH®, cellular, or the like).” Little: paragraph 43)
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Little in view of Repko and further in view of Spencer (US 20110201905).
Regarding claim 19, (Currently Amended) The bracelet of claim 15, wherein the data is compiled into a digital casualty care profile card is not specifically disclosed by Little and Repko. Spencer discloses a medical monitoring device that teaches storing patient information into a casualty care card (“Patient information may be captured or documented. Life saving interventions taken need to be noted and may be by the vital sign monitor. In addition to collecting readings, generating recommendations, and recording actions taken (or not taken), all of these can be time-stamped. This record, or Casualty Care Card, may be captured by the vital sign monitor via a number of user interfaces such as a touch-screen, stylus, or audio input.” Spencer: paragraph 24). Modifying Little and Repko to include patient information in a casualty care card would increase the overall utility of the system by providing the user with additional means to care for a patient. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Little and Repko according to Spencer.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Little in view of Repko and further in view of Bricken (US 20170303646).
Regarding claim 22, (Currently Amended) The bracelet of claim 18, wherein the LAN topology is a mesh network is not specifically disclosed by Little and Repko. Bricken discloses an electronic bracelet that teaches using a mesh network to communicate with other bracelets/devices (“In the most general embodiments of the bracelet 10, any communication protocol that allows the necessary functions can be used, including WiFi (IEEE 802.11a/b/g/n/ac), cellular telephone communication schemes, mesh network communication protocols (e.g., IEEE 802.15.4) and the BLUETOOTH® communication protocol.” Bricken: paragraph 56). Modifying Little and Repko to communicate using a mesh network would increase the overall flexibility of the system by providing the user with additional means to communicate. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Little and Repko according to Bricken.
Conclusion
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/TRAVIS R HUNNINGS/ Primary Examiner, Art Unit 2689