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 6 and 13 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 6, the limitation of “execute the audio recording function based on a user input in obtaining the heart rate information” renders the claim unclear. Specifically it is unclear if the recording function is executed based on a user input during the obtaining of the heart rate information or if the recording function is executed based on a user input in response to obtaining the heart rate information. In order to further advance prosecution, Examiner is interpreting the recording function as being executed based on a user input in response to obtaining the heart rate information.
Regarding claim 13, the limitation of “wherein the heart rate measurement sensor comprises an ECG sensor…and a photoplethysmography (PPG) sensor…” renders the claim unclear. Specifically, it is unclear if the heart rate measurement sensor requires at least one of an ECG sensor and a PPG sensor or if the heart rate measurement sensor requires both an ECG sensor and a PPG sensor. In order to further advance prosecution, Examiner is interpreting the claim as requiring at least one of an ECG sensor and a PPG sensor.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea (mental process of generating data related to a heart rate) without significantly more.
Step 1
The claimed invention in claims 1-20 are directed to statutory subject matter as the claims recite a method/system for generating data related to a heart rate.
Step 2A, Prong One
Regarding claims 1-20, the recited steps are directed to mental processes of performing concepts in a human mind or by a human using a pen and paper (See MPEP 2106.05(a)(2) subsection (III)).
Regarding claims 1, 14, and 20, the limitations of “identify the obtained heart rate information and electrocardiogram (ECG)-related symptoms information…” and “ generate first data, based on the heart rate information and the ECG-related symptoms information” are a process, as drafted, that can be performed by a human mind (including an observation, evaluation, and judgment) under the broadest reasonable interpretation but for the recitation of generic computing components.
Step 2A, Prong Two
For claims 1-20, the judicial exception is not integrated into a practical application. For claims 1, 14, and 20, the additional limitations of “at least one processor” and “at least one memory” are recited at a high level of generality and amount to nothing more than parts of a generic computer. Merely including instructions to implement an abstract idea on a computer does not integrate a judicial exception into a practical application.
Further, the limitation of “obtain heart rate information by using the heart rate measurement sensor” amounts nothing more than the pre-solution activity of data gathering.
Step 2B
The claims do not include additional elements that are sufficient enough to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional limitation of “obtain heart rate information by using the heart rate measurement sensor” is directed to the pre-solution activity of mere data gathering, which does not amount to an inventive concept. In addition, “a heart rate measurement sensor” is recited at a high level of generality and considered to be well known, routine, and conventional in the art. For an example of a heart rate sensor, see Volosin et al (US 2022/0183607) [0208] and Seo et al (US 2022/0338743) [0054].
Dependent claims 2-13 and 15-19 are further directed to the abstract idea. The above mentioned claims do not introduce any additional elements which amount to significantly more under the Step 2A prong 2 and Step 2B analyses.
Regarding claim 2, using “a microphone” to gather audio data is considered to be well-known, routine, and conventional in the art. For examples, see Brockway et al (US 2014/0364756) [0021] and Kaib et al (US 2017/0007129) [0118].
Regarding claims 7-9, the limitations of “a display”, “a user interface”, “a speaker”, and “a communication circuit” are generally recited and amount to nothing more than generic computer components. Further using “a communication circuit” to make telephone calls is considered to be well-known, routine, and conventional in the art. For examples see Kaib et al (US 2017/0007129) [0133] and Tran (US 2008/0294019] [0100].
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.
Claim(s) 1, 13-14, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seo et al (US 2022/0338743) hereinafter Seo.
Regarding claims 1, 14, and 20, Seo discloses an electronic device ([0053] electronic device 201) and a method (Fig. 6) comprising:
a heart rate measurement sensor ([0054] sensor module 220);
at least one processor ([0053] processor 210); and
at least one memory ([0053] memory 240) including computer program code [0067], where the at least one memory and the computer program code are configured, with the at least one processor, to cause the electronic device to at least:
obtain heart rate information by using the heart rate measurement sensor ([0101] obtain (or measure) a first ECG waveform using a first biometric sensor module 220 (e.g., an ECG sensor)),
identify the obtained heart rate information and electrocardiogram (ECG)-related symptoms information corresponding to the heart rate information ([0102] analyze the ECG factors (e.g., parameters) of the ECG waveform based on the first ECG waveform and a previously obtained or stored second ECG waveform (e.g., a normal ECG waveform); parameters may include a plurality of feature points (e.g., P-wave, QRS complex, T-wave) or sections associated with a plurality of feature points (e.g., segments or duration associated with P-wave, QRS complex, and/or T-wave)), and
generate first data, based on the heart rate information and the ECG-related symptoms information ([0104] identify the related suspected disease based on the ECG factor (at least one parameter set) identified as changed by the designated threshold variation or more).
Regarding claim 20, Seo further discloses the memory may include a non-transitory computer-readable storage medium storing one or more programs comprising instructions configured to execute the limitations discussed above [0067].
Regarding claim 13, Seo discloses wherein the heart rate measurement sensor comprises an ECG sensor configured to detect an electrical signal depending on a heartbeat ([0057] ECG sensor) and photoplethysmography (PPG) sensor configured to measure blood flow by using light ([0057] the at least one other biometric sensor may include a photoplethysmography (PPG) sensor).
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.
Claim(s) 2 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Seo (US 2022/0338743) in view of Pollock et al (US 2023/0277860) hereinafter Pollock.
Regarding claims 2 and 15, Seo discloses a microphone [0035] and wherein the at least one memory and the computer program code are further configured, with the at least one processor, to cause the electronic device to: identify the heart rate information measured by using the heart rate measurement sensor [0102]. Seo fails to disclose wherein the at least one memory and the computer program code are further configured, with the at least one processor, to cause the electronic device to: execute an audio recording function, based on the microphone; obtain an audio signal, based on the executed audio recording function; identify the audio information generated based on the audio signal, and the ECG-related symptoms information generated based on heart rate information and the audio information; and generate second data, based on the heart rate information, the audio information generated based on the audio signal, and the ECG-related symptoms information.
However, Pollock discloses at least one memory and a computer program code are further configured, with at least one processor ([0127] one or more processors can be programmed to detect the deliberately generated trigger input 870), to cause an electronic device ([0044] wearable medical system (WMS)) to: execute an audio recording function, based on a microphone ([0127] trigger input 870 to control the switch 179, namely to close it for starting the recording; Fig. 8 shows microphone 176 producing audio signal 177 for recording)
obtain an audio signal, based on the executed audio recording function ([0127] responsive to the detected trigger input 870, causing the audio data 899 to be recorded in the memory 138 responsive to the received audio signal 177);
identify heart rate information measured by using a heart rate measurement sensor ([0214] values for the ECG signal 2221 sensed by sensing electrodes), audio information generated based on the audio signal ([0210-0211] a text transcription of the recognized voice 2228), and the ECG-related symptoms information generated based on the heart rate information and the audio information ([0214] the text transcription 2228 can be included in time-relation with the values for the ECG signal 2221); and
generate second data (computer file 2241), based on the heart rate information, the audio information generated based on the audio signal, and the ECG-related symptoms information [0211].
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system/method as taught by Seo with at least one memory and computer program code are further configured, with at least one processor, to cause an electronic device to: execute an audio recording function, based on the microphone; obtain an audio signal, based on the executed audio recording function; identify heart rate information measured by using a heart rate measurement sensor, audio information generated based on the audio signal, and the ECG-related symptoms information generated based on the heart rate information and the audio information; and generate second data, based on the heart rate information, the audio information generated based on the audio signal, and the ECG-related symptoms information as taught by Pollock. Such a modification would provide the predictable results of creating an exportable computer file that also includes audio-related data so that a clinician who reviews the patient record will have a better sense of what was happening, and better understand the patient's experience (Pollock, [0012]).
Claim(s) 3, 6, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Seo (US 2022/0338743) in view of Pollock (US 2023/0277860) and further in view of Endo et al (US 2017/0160878) hereinafter Endo.
Regarding claims 3 and 16, the modified Seo discloses the system and method of claims 2 and 15 as discussed above, but fails to disclose wherein the at least one memory and the computer program code are further configured, with the at least one processor, to cause the electronic device to: determine whether the audio information is at least partially included in a list of ECG symptoms stored in the at least one memory, and when the obtained audio signal is at least partially included in the list of ECG symptoms, generate the second data, based on symptoms information included in the list of ECG symptoms.
Endo discloses at least one memory and computer program code are further configured, with at least one processor [0069], to cause an electronic device ([0082] search support apparatus 10) to: determine whether audio information is at least partially included in a list of symptoms stored in the at least one memory ([0105] task processing unit 26 determines whether or not the user's answer acquired in step S107 is included in the candidate answers to the question), and
when the obtained audio signal is at least partially included in the list of symptoms, generate the second data, based on symptoms information included in the list of symptoms ([0095] a decision tree including, as leaves, all illnesses that cause the symptom corresponding to the keyword acquired in step S101 is generated).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to further modify the system/method as taught by Seo with the at least one memory and the computer program code are further configured, with the at least one processor, to cause the electronic device to: determine whether the audio information is at least partially included in a list of ECG symptoms stored in the at least one memory, and when the obtained audio signal is at least partially included in the list of ECG symptoms, generate the second data, based on symptoms information included in the list of ECG symptoms as taught by Endo. Such a modification would provide the predictable results of helping to narrow down a potential diagnosis in response to a patient’s audio input.
Regarding claim 6, the modified Seo discloses the system of claim 2 as discussed above, but fails to disclose wherein the at least one memory and the computer program code are further configured, with the at least one processor, to cause the electronic device to: execute the audio recording function based on a user input in obtaining the heart rate information; and determine whether or not at least one audio signal obtained based on the audio recording function is at least partially included in a list of ECG symptoms stored in the at least one memory.
However, Pollock discloses executing the audio recording function ([0149] causing audio data to be recorded 1250) based on a user input ([0149] trigger input 1230) in response to obtaining the heart rate information ([0150] determining if shock is required 1280; [0098] shock criterion is determined by rhythm analysis of the sensed ECG signal; Examiner notes that Fig. 12 shows a loop where the user can provide input to record audio data after it is determined that no shock is required). It would have been obvious before the effective filing date to the claimed invention to one having ordinary skill in the art to modify the system as taught by Seo with executing the audio recording function based on a user input in response to obtaining the heart rate information as taught by Pollock. Such a modification would provide the predictable results of creating an exportable computer file that also includes audio-related data so that a clinician who reviews the patient record will have a better sense of what was happening, and better understand the patient's experience (Pollock, [0012]).
Endo discloses determining whether or not at least one audio signal obtained based on the audio recording function ([0102] task processing unit 26 acquires a user's answer. The microphone 20 receives the words uttered by the user after the question has been presented) is at least partially included in a list of ECG symptoms stored in the at least one memory ([0105] task processing unit 26 determines whether or not the user's answer acquired in step S107 is included in the candidate answers to the question). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to further modify the system as taught by Seo with determining whether or not at least one audio signal obtained based on the audio recording function is at least partially included in a list of ECG symptoms stored in the at least one memory as taught by Endo. Such a modification would provide the predictable results of helping to narrow down a potential diagnosis in response to a patient’s audio input.
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Seo (US 2022/0338743) in view of Pollock (US 2023/0277860) and Endo et al (US 2017/0160878) and further in view of Tran (US 2008/0294019).
Regarding claim 4, the modified Seo discloses the system of claim 3 as discussed above, but fails to disclose herein the at least one memory and the computer program code are further configured, with the at least one processor, to cause the electronic device to generate third data, based on the heart rate information and the audio information, when the obtained audio signal is not at least partially included in the list of ECG symptoms.
However, Tran discloses generating third data, based on heart rate information and audio information, when an obtained audio signal is not at least partially included in a list of ECG symptoms ([0100] determining if a patient needs assistance based on a vital parameter (1008) such as heart activity and if the patient is non-responsive, the system contacts the third party and sends voice over mesh network to appliance on the patient). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to further modify the system as taught by Seo with generating third data, based on heart rate information and audio information, when an obtained audio signal is not at least partially included in a list of ECG symptoms as taught by Tran. Such a modification would provide the predictable results of determining if a patient needs assistance (Tran, [0100]).
Claim(s) 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Seo (US 2022/0338743) in view of Volosin et al (US 2022/0183607) hereinafter Volosin.
Regarding claims 7 and 17, Seo discloses a display ([0030] display module 160), but fails to disclose wherein the at least one memory and the computer program code are further configured, with the at least one processor, to cause the electronic device to: display a list of ECG symptoms through the display based on the heart rate information; identify the ECG-related symptoms information corresponding to a user input to the list of ECG symptoms; generate the first data, based on the heart rate information measured by using the heart rate measurement sensor and the ECG-related symptoms information; and display a user interface based on the generated first data through the display.
However, Volosin discloses displaying a list of ECG symptoms through a display based on heart rate information ([0340-0342] device 100 senses ECG signals 502; portable gateway 106 may be configured to display, on the visual display, a screen that includes a list of potential cardiac-related symptoms to the patient)
identifying the ECG-related symptoms information corresponding to a user input to the list of ECG symptoms ([0342] records the selected cardiac-related symptom(s) and the time the patient submitted the cardiac-related symptom(s));
generating the first data, based on heart rate information measured by using a heart rate measurement sensor and the ECG-related symptoms information ([0352] remote server 102 displays a symptom report for the symptom event at step 516); and
displaying a user interface based on the generated first data through an additional display ([0360] symptom report 800 may be displayed on a technician interface 114).
It would have been obvious before the effective filing date of the claimed invention to further modify the system/method as taught by Seo with displaying a list of ECG symptoms through the display based on heart rate information; identifying the ECG-related symptoms information corresponding to a user input to the list of ECG symptoms; generating the first data, based on heart rate information measured by using a heart rate measurement sensor and the ECG-related symptoms information; and displaying a user interface based on the generated first data through an additional display as taught by Volosin. Such a modification would provide the predictable results of determining contextual biometric information of a patient for an arrhythmia event (Volosin, Abstract).
Examiner further notes it would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to display the symptom list and symptom report on the same display (portable gateway) since such a modification would provide the predictable results of providing the symptom report containing contextual biometric data to the patient themselves as well as the technician/caregiver.
Claim(s) 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Seo (US 2022/0338743) in view of Pollock (US 2023/0277860) and Endo (US 2017/0160878) and further in view of Volosin (US 2022/0183607).
Regarding claims 8 and 18, Seo discloses a speaker [0036], but fails to disclose wherein the at least one memory and the computer program code are further configured, with the at least one processor, to cause the electronic device to: output at least one query sentence related to ECG-related symptoms through the speaker based on the heart rate information; obtain an audio signal corresponding to the at least one query sentence using the microphone; generate at least one piece of answer information based on the at least one query sentence and the obtained audio signal; and generate third data, based on the heart rate information measured by using the heart rate measurement sensor, the at least one query sentence, and the at least one piece of answer information.
Endo discloses outputting at least one query sentence related to symptoms through the speaker ([0101] outputting text data of the question as speech by using the speech synthesis unit 30 and the speaker 32);
obtaining an audio signal corresponding to the at least one query sentence using a microphone ([0102] microphone 20 receives the words uttered by the user after the question has been presented to the user);
generating at least one piece of answer information based on the at least one query sentence and the obtained audio signal ([0102] speech recognition unit 22 recognizes the speech, and the classification unit 24 classifies the meaning, whereby the user's answer is acquired); and
generating third data, based on the at least one query, and at least one piece of answer information ([0095] a decision tree including, as leaves, all illnesses that cause the symptom corresponding to the keyword acquired in step S101 is generated).
It would have been obvious before the effective date of the claimed invention to one having ordinary skill in the art to further modify the system/method as taught by Seo with outputting at least one query sentence related to symptoms through the speaker; obtaining an audio signal corresponding to the at least one query sentence using a microphone; generating at least one piece of answer information based on the at least one query sentence and the obtained audio signal; and generating third data, based on the at least one query, and at least one piece of answer information as taught by Endo. Such a modification would provide the predictable results of helping to narrow down a potential diagnosis in response to a patient’s audio input.
Volosin discloses outputting at least one query related to ECG-related symptoms based on heart rate information ([0342] portable gateway 106 may be configured to display, on the visual display, a screen that includes a list of potential cardiac-related symptoms to the patient); and
generating third data, based on heart rate information measured by using a heart rate measurement sensor, the at least one query, and at least one piece of answer information ([0352] remote server 102 displays a symptom report for the symptom event at step 516; [0363] symptom report includes HR data and a symptom graphical indicator 812 that corresponds to the patient-provided symptom input).
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to further modify the system/method as taught by Seo with outputting at least one query related to ECG-related symptoms based on heart rate information; and generating third data, based on heart rate information measured by using a heart rate measurement sensor, the at least one query, and at least one piece of answer information as taught by Volosin. Such a modification would provide the predictable results of determining contextual biometric information of a patient for an arrhythmia event (Volosin, Abstract).
Claim(s) 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Seo (US 2022/0338743) in view of Amin et al (US 2020/0066127) hereinafter Amin and further in view of Tran (US 2008/0294019).
Regarding claims 9 and 19, Seo discloses a communication unit ([0030] communication module 190), but fails to disclose wherein the at least one memory and the computer program code are further configured, with the at least one processor, to cause the electronic device to make a call connection to a predetermined telephone number through the communication circuit when the ECG-related symptoms information is included in a predetermined important symptom list.
Amin discloses notifying designated persons based on certain words triggering a notification component [0039]. Examiner notes that by employing the voice recognition described in [0039], the machine learning unit would necessarily have to determine if the trigger words were included in a predetermined important list. However, Amin fails to explicitly disclose making a call connection to a predetermined telephone number.
Tran discloses making a call connection to a predetermined telephone number through a communication module upon determining that the patient needs help [0090]. It would have been obvious to modify the system/method as taught by Seo with making a call connection to a predetermined telephone number through a communication module as taught by Tran upon detecting trigger words that are included in a predetermined list as taught by Amin. Such a modification would provide the predictable results of enabling emergency care to be delivered to the patient when necessary.
Claim(s) 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Seo (US 2022/0338743) in view of Amin (US 2020/0066127) and Tran (US 2008/0294019) and further in view of Kaib et al (US 2017/0007129) hereinafter Kaib.
Regarding claim 10, the modified Seo discloses the system of claim 9 as discussed above, but fails to disclose wherein the at least one memory and the computer program code are further configured, with the at least one processor, to cause the electronic device to: display a notification message for the call connection through the display before the call connection; and based on a user input to the displayed notification message, make the call connection to the predetermined telephone number.
However, Kaib discloses displaying a notification message for the call connection through a display before the call connection ([0176] display screen 43 can display the “call” button 53 as an icon selectable by the patient 9); and based on a user input to the displayed notification message, making the call connection to a predetermined telephone number ([0176] places a call to a remote location associated with or assigned to the icon displayed by the display screen 43 in response to actuation of the icon). It would have been obvious to further modify the system as taught by Seo with displaying a notification message for the call connection through a display before the call connection; and based on a user input to the displayed notification message, making the call connection to a predetermined telephone number as taught by Kaib. Such a modification would provide the predictable results of allowing the patient to decide if they want to call for help.
Regarding claim 11, the modified Seo discloses the system of claim 10 as discussed above, but fails to disclose herein the at least one memory and the computer program code are further configured, with the at least one processor, to cause the electronic device to make the call connection to the predetermined telephone number when a predetermined time elapses and the notification message for the call connection is displayed through a display. However, Kaib discloses presenting prompts to the patient when a response is required to let the device know whether or not the patient is conscious [0121]. Tran discloses making a call connection to a predetermined telephone number when the system determines the patient is unresponsive [0100].
It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to further modify the system with making a call connection to a predetermined telephone number when a predetermined time elapses as taught by Tran and displaying the notification through a display in order to determine if a patient is conscious as taught by Kaib. Such modifications would provide the predictable results of contacting a healthcare professional when the patient is unconscious in order to provide emergency care to the patient.
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Seo (US 2022/0338743) in view of Amin (US 2020/0066127) and Tran (US 2008/0294019) and further in view of Volosin (US 2022/0183607).
Regarding claim 12, the modified Seo discloses the system of claim 9 as discussed above, but fails to disclose wherein the predetermined important symptom list comprises at least one of symptoms related to shortness of breath, symptoms related to chest pressure or chest pain, or symptoms related to fainting. However, Volosin discloses wherein the predetermined important symptom list comprises at least one of symptoms related to shortness of breath, symptoms related to chest pressure or chest pain, or symptoms related to fainting ([0344] symptom screen 606 includes a list 610 of potential cardiac-related symptoms. As an illustration, in the example of FIG. 6B, the list 610 of potential cardiac-related symptoms may include “Light-Headed,” “My Heart Racing,” “Fatigued,” “I Fainted/Fell,” “Chest Discomfort,” “Heart Skipped a Beat,” “Shortness of Breath). It would have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to further modify the system as taught by Seo with wherein the predetermined important symptom list comprises at least one of symptoms related to shortness of breath, symptoms related to chest pressure or chest pain, or symptoms related to fainting. Such a modification would provide the predictable results of determining a symptom report with biometric contextual information regarding the arrhythmia episode (Volosin, [0352]).
Examiner’s Note Regarding Prior Art
Examiner notes that claim 5 is rejected under 35 USC 101, however no prior art rejections have been made for claim 5. The following is a statement of reasons for the indication of allowable subject matter: Examiner has not found any prior art that teaches or suggests in combination the limitations recited in claim 5. Specifically, Examiner has not found any references that teach or suggest:
“based on the identified ECG-related symptoms information being included in the list of ECG symptoms, display a notification message for executing the audio recording function; based on a user input to the notification message, execute the audio recording function”.
Pollock discloses executing a recording function based on a deliberate trigger input (Fig. 11, [0143] and Fig. 15) but doesn't teach based on the identified ECG-related symptoms information being included in the list of ECG symptoms, displaying a notification message for executing the audio recording function; and based on a user input to the notification message, executing the audio recording function.
Brockway et al (US 2014/0364756) discloses where arrhythmia is detected in the digitized ECG signal, the subject can be notified that an arrhythmia has occurred and prompted to verbally describe symptoms by generating sound via the transducer [0029] and further explains that a ring tone can signal to a user to verbalize symptoms [0068], but fails to disclose based on the identified ECG-related symptoms information being included in the list of ECG symptoms, displaying a notification message for executing the audio recording function; and based on a user input to the notification message, executing the audio recording function.
Endo discloses determining if the audio data obtained from a recording function is at least partially included in a stored list of symptoms [0105], but fails to disclose based on the identified ECG-related symptoms information being included in the list of ECG symptoms, displaying a notification message for executing the audio recording function; and based on a user input to the notification message, executing the audio recording function.
It would not have been obvious before the effective filing date of the claimed invention to one having ordinary skill in the art to modify the system of Seo with Pollock, Brockway, and Endo to arrive at the claimed invention. The motivation for such a modification would have been gleaned only from Applicant’s disclosure and the reconstruction would have been based on hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ricci (US 2014/0310075) discloses establishing code words or voice commands in a database to initiate actions or levels of emergency response [0526]. Goftari et al (US 2024/0197284) discloses detecting cardiac events using recognized heart sounds (Abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLOW GRACE WELCH whose telephone number is (703)756-1596. The examiner can normally be reached Usually M-F 8:00am - 4:00pm.
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/WILLOW GRACE WELCH/Examiner, Art Unit 3792
/William J Levicky/Primary Examiner, Art Unit 3796
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