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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6, 10, 11, 14-17, 22, 24-34, 38, 39, and 42-45 of U.S. Patent No. 12,303,287 in view of Gollakota et al. ‘951 (US Pub No. 2017/0347951 – cited by Applicant).
Regarding claim 1, the US Patent teaches a non-transitory processor-readable medium, having stored thereon processor-executable instructions which, when executed by a processor, cause the processor to electronically detect physiological movement of a user (Claim 1), the processor-executable instructions comprising:
instructions to electronically control generating an electronic control signal to a speaker coupled to an electronic processing device, to operate the speaker using the electronic control signal, to generate a sound signal in a vicinity of the electronic processing device that includes the user, wherein the electronic control signal includes modulating frequencies forming a ramping waveform comprising a first ramp upsweep of frequencies followed by a second ramp downsweep of frequencies, whereby a change in frequency of the modulating frequencies from an end of the first ramp of the ramping waveform to the second ramp of the ramping waveform avoids an audible click from the speaker (Claim 1);
instructions to electronically control sensing, via a microphone coupled to the electronic processing device, a reflected sound signal from the vicinity of the electronic processing device, wherein the sensed reflected sound signal is the transduced reflection of the sound signal produced by the speaker (Claim 1); and
instructions to electronically generate, by the processor, an electronic data signal representative of physiological movement comprising the detected physiological movement, from at least a portion of the sensed reflected sound signal and a signal representative of at least a portion of the sound signal (Claim 1),
wherein the sound signal comprises a frequency modulated wave signal produced from the speaker (Claim 1).
The US Patent teaches all of the elements of the current invention as mentioned except for wherein the ramping waveform is a triangular ramping waveform and the frequency modulated wave signal is a triangular frequency modulated wave signal.
Gollakota et al. ‘951 teaches a transmitted signal 550a with a triangular ramping waveform (Fig. 5B and [0048]-[0049]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the ramping waveform and frequency modulated wave signal of the US Patent to be a triangular ramping waveform and triangular frequency modulated wave signal as Gollakota et al. ‘951 teaches that this will aid in monitoring movements to a subject proximate to an electronic device ([0015]).
Regarding claim 2, the US Patent teaches wherein at least a portion of the produced sound signal is in an inaudible sound range (Claim 2).
Regarding claim 3, the US patent teaches wherein the processor-executable instructions to generate the electronic data signal comprise instructions for demodulation of the portion of the sensed reflected sound signal with the signal representative of the portion of the sound signal (Claim 3).
Regarding claim 4, the US Patent teaches wherein the demodulation comprises a multiplication of the signal representative of at least the portion of the sound signal, and the portion of the sensed reflected sound signal (Claim 4).
Regarding claim 5, the US Patent teaches wherein the processor-executable instructions to generate the electronic data signal comprise instructions for demodulation comprising a multiplication of a received signal with itself, the received signal including the portion of the sensed reflected sound signal and direct path sound from at least the portion of the sound signal (Claim 5)
Regarding claim 6, the US Patent teaches (a) wherein the generated electronic data signal further comprises detection of one or more of respiration, cardiac and gross movement; and/or
(b) processor-executable instructions to evaluate the generated electronic data signal representative of the physiological movement to determine one or more physiological parameters; and/or
(c) processor-executable instructions to generate an output based on an evaluation of the physiological movement represented by the generated electronic data signal (Claim 6).
Regarding claim 7, the US Patent teaches processor-executable instructions to sum the sound signal and audible audio content to produce the sound signal and the audible audio content simultaneously via the speaker (Claim 10).
Regarding claim 8, the US Patent teaches processor-executable instructions to control a variation of a detection scheme of the sound signal depending on detected presence of a subject in the vicinity, wherein the processor-executable instructions vary waveform parameters of at least a portion the sound signal (Claim 11).
Regarding claim 9, the US Patent teaches processor-executable instructions to generate an output based on an evaluation of the physiological movement of the generated electronic data signal, and wherein the output comprises initiating an event based on the detected physiological movement (Claim 14).
Regarding claim 10, the US Patent teaches wherein the initiated event includes turning a device, or a process associated with the device, on or off; and/or introducing an adjustment to an operation of a device, or a process associated with the device (Claim 15).
Regarding claim 11, the US Patent teaches wherein the device is a respiratory therapy device, and the process is associated with the respiratory therapy device (Claim 16).
Regarding claim 12, the US Patent teaches processor-executable instructions to play an audible query through the speaker in response to an analysis of the physiological movement signal (Claim 17).
Regarding claim 13, the US Patent teaches wherein the electronic processing device comprises a smart phone or a smart watch (Claim 22).
Regarding claim 14, the US Patent teaches a server with access to the non-transitory processor-readable medium of claim 1, wherein the server is configured to receive requests for downloading the processor-executable instructions of the non-transitory processor-readable medium to the electronic processing device over a network (Claim 24).
Regarding claim 15, the US Patent teaches an electronic processing device comprising: one or more processors; a speaker coupled to the one or more processors; a microphone coupled to the one or more processors; and a non-transitory processor-readable medium of claim 1 (Claim 25).
Regarding claim 16, the US Patent teaches wherein the electronic processing device is one of a mobile phone or a smart speaker (Claim 26).
Regarding claim 17, the US Patent teaches wherein the electronic processing device is a respiratory pressure therapy device (Claim 27).
Regarding claim 18, the US Patent teaches a method of a server having access to the non-transitory processor-readable medium of claim 1, the method comprising receiving, at the server, a request for downloading the processor- executable instructions of the non-transitory processor-readable medium to an electronic processing device over a network; and transmitting the processor-executable instructions to the electronic processing device in response to the request (Claim 28).
Regarding claim 19, the US Patent teaches a method of a processor for detecting physiological movement using an electronic processing device (Claim 29), comprising:
electronically controlling generating an electronic control signal to a speaker coupled to the electronic processing device, to operate the speaker using the electronic control signal, to generate a sound signal in a vicinity of the electronic processing device that includes a user, wherein the electronic control signal includes modulating frequencies forming a ramping waveform comprising a first ramp upsweep of frequencies followed by a second ramp downsweep of frequencies, whereby a change in frequency of the modulating frequencies from an end of the first ramp of the ramping waveform to the second ramp of the ramping waveform avoids an audible click from the speaker (Claim 29);
electronically controlling sensing, via a microphone coupled to the electronic processing device, a reflected sound signal from the vicinity of the electronic processing device (Claim 29); and
electronically controlling, in the processor, generating of an electronic data signal representative of the physiological movement comprising the detected physiological movement, with at least a portion of the sensed reflected sound signal and a signal representative of at least a portion of the sound signal (Claim 29),
wherein the sound signal comprises a frequency modulated wave signal that is produced from the speaker (Claim 29).
The US Patent teaches all of the elements of the current invention as mentioned except for wherein the ramping waveform is a triangular ramping waveform and the frequency modulated wave signal is a triangular frequency modulated wave signal.
Gollakota et al. ‘951 teaches a transmitted signal 550a with a triangular ramping waveform (Fig. 5B and [0048]-[0049]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the ramping waveform and frequency modulated wave signal of the US Patent to be a triangular ramping waveform and triangular frequency modulated wave signal as Gollakota et al. ‘951 teaches that this will aid in monitoring movements to a subject proximate to an electronic device ([0015]).
Regarding claim 20, the US Patent teaches wherein at least a portion of the produced sound signal is in an inaudible sound range (Claim 30).
Regarding claim 21, the US Patent teaches wherein the generating of the electronic data signal representative of the physiological movement comprises demodulation of the portion of the sensed reflected sound signal with the signal representative of the portion of the sound signal (Claim 31).
Regarding claim 22, the US Patent teaches wherein the demodulation comprises a multiplication of the signal representative of at least the portion of the sound signal, and the portion of the sensed reflected sound signal (Claim 32).
Regarding claim 23, the US Patent teaches demodulating the sensed reflected sound signal comprising multiplying a received signal with itself, the received signal including the portion of the sensed reflected sound signal and direct path sound from at least the portion of the sound signal (Claim 33).
Regarding claim 24, the US Patent teaches (a) wherein the generating of the electronic data signal further comprises detecting one or more of respiration, cardiac and gross movement; and/or
(b) evaluating the generated electronic data signal to determine one or more physiological parameters; and/or
(c) generating an output based on an evaluation of the generated electronic data signal (Claim 34).
Regarding claim 25, the US Patent teaches combining the sound signal and audible audio content to produce the sound signal and the audible audio content simultaneously via the speaker (Claim 38).
Regarding claim 26, the US Patent teaches controlling a variation of a detection scheme of the sound signal depending on detected presence of a subject in the vicinity, wherein the variation comprises changing waveform parameters of at least a portion of the sound signal (Claim 39).
Regarding claim 27, the US Patent teaches generating an output based on an evaluation of the generated electronic data signal, wherein the generated output comprises initiating an event based on any of the detected physiological movement (Claim 42).
Regarding claim 28, the US Patent teaches wherein: (a) the initiated event includes turning a device, or a process associated with the device, on or off; and/or
(b) introducing an adjustment to an operation of a device, or a process associated with the device (Claim 43).
Regarding claim 29, the US Patent teaches wherein the device is a respiratory therapy device, and the process is associated with the respiratory therapy device (Claim 44).
Regarding claim 30, the US Patent teaches playing an audible query through the speaker in response to an analysis of the physiological movement signal (Claim 45).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AURELIE H TU whose telephone number is (571)272-8465. The examiner can normally be reached [M-F] 7:30-3:30.
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/AURELIE H TU/ Primary Examiner, Art Unit 3791
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