CORRECTED 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 .
Correction Notice
The Examiner notes that an error was made in the previous non-final office action, as the Examiner forgot to include the following 112(a) rejections. Therefore, this office action supersedes the previous one.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “180”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1, line 4, “one ore more…” should read “one or more…”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 8-15 and 19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The claims recite identifying “at least one symptom related to the wake-up state” and “at least one symptom related to the sleep state”. The specification describes numerous symptoms such as heart rate, facial flushing, and depression [0110], however, none of these seem to be related to sleeping and wakefulness. It is therefore unclear what “symptoms” the applicant is claiming. The Examiner recommends that the applicant further clarify this claim language and said symptoms to resolve said 112(a) issues. Because the meets and bounds of the claims are unknown, no prior art rejections are able to be made at this time until the claim language is further clarified.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 5-6, 16-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Cronin et al. (WIPO Pub. No. 2016/124616).
Regarding claim 1, Cronin teaches a wearable device (Fig. 1, Paragraph 0030, line 1, 100) comprising: a plurality of sensors (Fig. 1, Paragraph 0031, lines 5-6, 112/114) including a heart rate sensor (Paragraph 0032, line 2), a motion sensor (Paragraph 0032, line 3), and a body temperature sensor (Paragraph 0032, line 2); memory (Fig. 1, Paragraph 0031, lines 4-5, 108) comprising one or more storage media (Paragraph 0066, lines 1-3) storing instructions (Paragraph 0031, line 9); and at least one processor comprising processing circuitry (Paragraph 0031, lines 8-9), wherein the instructions, when executed by the at least one processor individually or collectively (Paragraph 0031, lines 8-9), cause the wearable device to: identify, based on a signal obtained via a portion of the heart rate sensor (Paragraph 0036, lines 1-4) contacted with a first portion of a body of a user (Paragraph 0037, lines 8-9, “wrist”), information on a heart rate of the user (Paragraph 0037, lines 8-10), provide, a first guide instructing the user to contact a portion of the body temperature sensor on a second portion of the body (Paragraph 0037, lines 1-3 and 11-14, “chest”) which is designated, based on the information on the heart rate of the user (Paragraph 0037, line 10), after the first guide is provided, obtain, via the body temperature sensor, data related to a body temperature of the user (Paragraph 0037, lines 13-16), and output, based at least in part on obtaining the data related to the body temperature, notification related to measurement of the body temperature (Fig. 8B, Paragraph 0072, lines 1-6).
Although Cronin does not explicitly teach that the wearable device measures the heart rate of the user, and based on the heart rate, provides a first guide instructing the user to change the position of the device in order to measure body temperature, Cronin teaches that the wearable device takes a first measurement, and then based on the first measurement, instructs the user to move the device to a different body location in order to obtain a second measurement (Paragraph 0037, lines 8-14). Cronin also teaches that the first and second measurements may be any combination of values, including heart rate and body temperature (Paragraph 0037, lines 24-30 and Claims 1-3 and 7).
Regarding claim 2, Cronin teaches the wearable device (Fig. 1, Paragraph 0030, line 1, 100) of claim 1, wherein the instructions, when executed by the at least one processor individually or collectively (Paragraph 0031, lines 8-9), cause the wearable device to: determine, based on the information on the heart rate of the user, that the heart rate of the user is greater than or equal to a reference heart rate (Fig. 6, Paragraph 0056, lines 1-6) or heart rate variability of the user is less than or equal to reference heart rate variability, and provide, based on determining that the heart rate of the user is greater than or equal to the reference heart rate or the heart rate variability of the user is less than or equal to the reference heart rate variability, the first guide (Fig. 6, Paragraph 0056, lines 5-8).
Regarding claim 3, Cronin teaches the wearable device (Fig. 1, Paragraph 0030, line 1, 100) of claim 1, further comprising a display (Fig. 1, Paragraph 0031, line 5, 110), and wherein the instructions, when executed by the at least one processor individually or collectively (Paragraph 0031, lines 8-9), cause the wearable device to display, using the display, the first guide instructing to contact the wearable device on the second portion of the body (Fig. 2A-2D, Paragraph 0036, lines 27-30), with the information on the heart rate of the user (Paragraph 0037, lines 8-10).
Regarding claim 5, Cronin teaches the wearable device (Fig. 1, Paragraph 0030, line 1, 100) of claim 1, wherein the instructions, when executed by the at least one processor individually or collectively (Paragraph 0031, lines 8-9), cause the wearable device to: during obtaining the data related to the body temperature (Fig. 8B - current readings), output the notification indicating a measurement state of the body temperature (Fig. 8B, Paragraph 0072, lines 1-6).
Cronin does not teach that, after obtaining the data related to the body temperature, the wearable device ceases the output of the notification to guide to space the wearable device apart from the second portion. However, Cronin teaches that the wearable device takes a first measurement, and then based on the first measurement, instructs the user to move the device to a different body location in order to obtain a second measurement (Paragraph 0037, lines 8-14). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to cease the notification of the first guide once the user moves the device, as the guide is only provided after the first measurement is recorded.
Regarding claim 6, Cronin teaches the wearable device (Fig. 1, Paragraph 0030, line 1, 100) of claim 5, wherein the instructions, when executed by the at least one processor individually or collectively (Paragraph 0031, lines 8-9), cause the wearable device to, during obtaining the data related to the body temperature (Fig. 8B - current readings), display a screen to guide maintaining a state that the wearable device is contacted on the second portion (Fig. 8A-8C, Paragraph 0073, lines 1-9) using an external electronic device (Fig. 1 and 8, Paragraph 0030, line 2, 102/802) comprising a display (Fig. 1 and 8, Paragraph 0033, lines 15-16, 148) connected with the wearable device (Paragraph 0033, lines 9-10).
Regarding claim 16, Cronin teaches a method performed by (Paragraph 0010, lines 1-8) a wearable device (Fig. 1, Paragraph 0030, line 1, 100), comprising: identifying, based on a signal obtained via a portion of (Paragraph 0036, lines 1-4) a heart rate sensor (Paragraph 0032, line 2) of the wearable device contacted with a first portion of a body of a user (Paragraph 0037, lines 8-9, “wrist”), a heart rate of the user (Paragraph 0037, lines 8-10), determining that the identified heart rate is greater than or equal to a reference heart rate (Fig. 6, Paragraph 0056, lines 1-6), providing, in response to determining that the identified heart rate is greater than or equal to the reference heart rate (Fig. 6, Paragraph 0056, lines 5-8), a first guide instructing the user to contact a portion of a body temperature sensor (Paragraph 0032, line 2) of the wearable device with a second portion of the body which is designated (Paragraph 0037, lines 1-3 and 11-14, “chest”), after the first guide is provided, obtaining, via the body temperature sensor, data related to a body temperature of the user (Paragraph 0037, lines 13-16), and outputting, based at least in part on obtaining the data related to the body temperature, notification related to measurement of the body temperature (Fig. 8B, Paragraph 0072, lines 1-6).
Although Cronin does not explicitly teach that the wearable device measures the heart rate of the user, and based on the heart rate, provides a first guide instructing the user to change the position of the device in order to measure body temperature, Cronin teaches that the wearable device takes a first measurement, and then based on the first measurement, instructs the user to move the device to a different body location in order to obtain a second measurement (Paragraph 0037, lines 8-14). Cronin also teaches that the first and second measurements may be any combination of values, including heart rate and body temperature (Paragraph 0037, lines 24-30 and Claims 1-3 and 7).
Regarding claim 17, Cronin teaches the method (Paragraph 0010, lines 1-8) of claim 16, wherein the method further comprises displaying, using a display (Fig. 1, Paragraph 0031, line 5, 110) of the wearable device, the first guide notifying to contact the wearable device on the second portion of the body (Fig. 2A-2D, Paragraph 0036, lines 27-30), with the heart rate of the user (Paragraph 0037, lines 8-10).
Regarding claim 20, Cronin teaches a non-transitory computer readable storage medium (Paragraph 0083, lines 2-3) storing one or more programs (Paragraph 0083, line 2), wherein the one or more programs comprise instructions (Paragraph 0031, line 9) which, when executed by a processor (Paragraph 0031, lines 8-9) of a wearable device (Fig. 1, Paragraph 0030, line 1, 100) with a heart rate sensor (Paragraph 0032, line 2), a body temperature sensor (Paragraph 0032, line 2), and a motion sensor (Paragraph 0032, line 3), cause the wearable device to: identify, based on a signal obtained via a portion of the heart rate sensor (Paragraph 0036, lines 1-4) contacted with a first portion of a body of a user (Paragraph 0037, lines 8-9, “wrist”), information on a heart rate of the user (Paragraph 0037, lines 8-10), provide, based on the information on the heart rate of the user (Paragraph 0037, line 10), a first guide instructing the user to contact a portion of the body temperature sensor on a second portion of the body which is designated (Paragraph 0037, lines 1-3 and 11-14, “chest”), after the first guide is provided, obtain, via the body temperature sensor, data related to a body temperature of the user (Paragraph 0037, lines 13-16), and output, based at least in part on obtaining the data related to the body temperature, notification related to measurement of the body temperature (Fig. 8B, Paragraph 0072, lines 1-6).
Although Cronin does not explicitly teach that the wearable device measures the heart rate of the user, and based on the heart rate, provides a first guide instructing the user to change the position of the device in order to measure body temperature, Cronin teaches that the wearable device takes a first measurement, and then based on the first measurement, instructs the user to move the device to a different body location in order to obtain a second measurement (Paragraph 0037, lines 8-14). Cronin also teaches that the first and second measurements may be any combination of values, including heart rate and body temperature (Paragraph 0037, lines 24-30 and Claims 1-3 and 7).
Claims 4, 7, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Cronin et al. (WIPO Pub. No. 2016/124616) as applied to claims 1 and 16 above, and further in view of Si et al. (CN 114623948).
Regarding claim 4, Cronin teaches the wearable device (Fig. 1, Paragraph 0030,
line 1, 100) of claim 1, wherein the instructions, when executed by the at least one processor individually or collectively (Paragraph 0031, lines 8-9), cause the wearable device to: in response to identifying that the wearable device contacts on the second portion (Paragraph 0037, lines 1-3 and 11-14, “chest”), and obtain data related to the body temperature of the user (Paragraph 0037, lines 13-16).
Cronin does not teach that the body temperature sensor changes from an inactive state to an active state before measuring the body temperature of the user. Si, however, teaches electronic equipment for detecting body temperature that uses a wearable device (Fig. 1, Paragraph 000462, lines 3-4, 100/200, “watch”). Si teaches that the wearable device comprises a heart rate sensor (Fig. 7, Paragraph 000566, lines 3-4), a motion sensor (Fig. 1, Paragraph 000491, lines 1-2, 180B/180E), a temperature sensor (Fig. 1, Paragraph 000491, line 3, 180J), a memory (Fig. 1, Paragraph 000464, line 2, 121), a processor (Fig. 1, Paragraph 000464, line 1, 110), and a display (Fig. 1, Paragraph 000476, lines 1-2, 194). Furthermore, Si teaches that the wearable device can control whether the body temperature sensor is in an inactive or active state (Paragraph 0001102, lines 5-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cronin to incorporate the teachings of Si to include that the body temperature sensor changes from an inactive state to an active state before measuring the body temperature of the user. Doing so would ensure that the body temperature sensor is not in an active state unless it needs to start collecting body temperature data (Paragraph 0001102, lines 4-8), and further conserving the power of the wearable device (Paragraph 0001745, lines 3-9), as recognized by Si.
Regarding claim 7, Cronin teaches the wearable device (Fig. 1, Paragraph 0030,
line 1, 100) of claim 1, wherein the instructions, when executed by the at least one processor individually or collectively (Paragraph 0031, lines 8-9), cause the wearable device to: identify, based on the data related to the body temperature, that a temperature of the second portion is greater than or equal to a reference temperature (Fig. 6, Paragraph 0057, lines 1-5) or a blood flow of the second portion is greater than or equal to a reference blood flow.
Cronin does not teach that the wearable device comprises a photoplethysmography (PPG) sensor for identifying information on a blood flow of the user. Cronin also does not teach, that based on identifying that the temperature of the second portion is greater than or equal to the reference temperature or the blood flow of the second portion is greater than or equal to the reference blood flow, identify that a first symptom occurred to the user, and identify first information on a frequency of occurrence of the first symptom within a reference time interval.
Si, however, teaches a wearable device (Fig. 1, Paragraph 000462, lines 3-4, 100/200, “watch”) that includes a PPG sensor (Fig. 7, Paragraph 000566, lines 3-4) for identifying information on a blood flow of the user (Paragraph 0002607, lines 4-5). Si also teaches that if the temperature is outside of a desired range (the temperature being greater than a reference temperature), that is detected as an abnormal body temperature (Paragraph 0002352, lines 2-5). Si teaches that the wearable device can keep track of how many times abnormal body temperatures are detected (frequency) within a given time frame (reference time interval) (Paragraph 0002352, lines 10-12). Si teaches that the abnormal body temperature correlates with a symptom, such as a fever (Paragraph 0001253, lines 1-2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cronin to incorporate the teachings of Si to include that the wearable device has a PPG sensor, and that when the temperature of the second portion is greater than or equal to the reference temperature, the device identifies that a first symptom occurred to the user, and identifies first information on a frequency of occurrence of the first symptom within a reference time interval. Doing so would ensure that the device can warn the user to monitor their health and temperature, as they may be getting sick (Paragraph 0002285, lines 1-4), as recognized by Si.
Regarding claim 18, Cronin teaches the method (Paragraph 0010, lines 1-8) of claim 16, wherein the method further comprises: identifying, based on the data related to the body temperature, that a temperature of the second portion is greater than or equal to a reference temperature (Fig. 6, Paragraph 0057, lines 1-5).
Cronin does not teach, that based on identifying that the temperature of the second portion is greater than or equal to the reference temperature, the method further includes identifying that a first symptom occurred to the user, and identifying first information on a frequency of occurrence of the first symptom within a reference time interval.
Si, however, teaches a wearable device (Fig. 1, Paragraph 000462, lines 3-4, 100/200, “watch”) that includes a temperature sensor (Fig. 1, Paragraph 000491, line 3, 180J). Si teaches that if the temperature is outside of a desired range (the temperature being greater than a reference temperature), that is detected as an abnormal body temperature (Paragraph 0002352, lines 2-5). Si teaches that the wearable device can keep track of how many times abnormal body temperatures are detected (frequency) within a given time frame (reference time interval) (Paragraph 0002352, lines 10-12). Si teaches that the abnormal body temperature correlates with a symptom, such as a fever (Paragraph 0001253, lines 1-2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cronin to incorporate the teachings of Si to include that when the temperature of the second portion is greater than or equal to the reference temperature, the device identifies that a first symptom occurred to the user, and identifies first information on a frequency of occurrence of the first symptom within a reference time interval. Doing so would ensure that the device can warn the user to monitor their health and temperature, as they may be getting sick (Paragraph 0002285, lines 1-4), as recognized by Si.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Hall (U.S. PGPub No. 2022/0084672) teaches a sleep system with a temperature monitoring wearable that captures and analyzes biometric and physiological data while a user is asleep (Abstract).
Li et al. (U.S. PGPub No. 2022/0386878) teaches a body temperature measurement method that uses a wearable device to measure body temperature at a wrist of a user and at a forehead of the user (Abstract).
Karsikas et al. (U.S. Patent No. 12,551,197) teaches methods, systems, and devices for menstrual cycle onset prediction that use body temperature data to estimate the future menstrual cycle onset day (Abstract).
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/H.A.H./Patent Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796
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