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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 13, and 19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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.
Claim(s) 1-5, 9-11, 13-17, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rahman et al (pub #20120316406) in view of Messingher et al (pub # 20180260025) and further in view of Wood et al (pub # 20140238153).
Consider claim 1. Rahman et al teaches A computer-implemented method (paragraph 0053). of autonomously dispositioning data generated by a wearable article in compliance with multiple application-specific requirements, (paragraph 0056, Bands 104-112 may also be wearable, personal, non-intrusive, lightweight devices that are configured to gather large amounts of personally relevant data that can be used to improve user health, fitness levels, medical conditions, athletic performance, sleeping physiology, and physiological conditions, or used as a sensory-based user interface ("UI") to signal social-related notifications specifying the state of the user through vibration, heat, lights or other sensory based notifications).
the method comprising:
predefining, via a processor, one or more rules by which data generated by a wearable article should be managed, (paragraph 0056, Temperature, environmental, temporal, motion, electronic, electrical, chemical, or other types of sensors (including those described below in connection with FIG. 3) may be used in order to gather varying amounts of data, which may be configurable by a user, locally (e.g., using user interface facilities such as buttons, switches, motion-activated/detected command structures (e.g., accelerometer-gathered data from user-initiated motion of bands 104-112), and others) or remotely (e.g., entering rules or parameters in a website or graphical user interface ("GUI") that may be used to modify control systems or signals in firmware, circuitry, hardware, and software implemented (i.e., installed) on bands 104-112). Paragraph 0082, Further, location data 510 may be used by wearable device 502, as described above. User data 516, in some examples, may be data that include profile data, preferences, rules, or other information that has been previously entered by a given user of wearable device 502).
wherein the one or more rules comprise definition of a triggering event;(paragraph 0136, the strapband enters a mode of operation. During a certain mode, a controller (e.g., a mode controller) can be configured to monitor user characteristics at 1704 relevant to the mode, as well as relevant motion at 1706 and environmental factors at 1708. The logic of the strapband can operate to detect user and mode-related events at 1710, as well as motion-centric events at 1712. Optionally, upon detection of an event, the logic of the strapband can perform an action at 1714 or inhibit an action at 1716, and continue to loop at 1718 during the activity or mode).
receiving, via the processor, data associated with motions of the wearable article, (Fig. 1 and paragraph 0058, band 104 may capture (i.e., record, store, communicate (i.e., send or receive), process, or the like) data from various sources (i.e., sensors that are organic (i.e., installed, integrated, or otherwise implemented with band 104) or distributed (e.g., microphones on mobile computing device 115, mobile communications device 118, computer 120, laptop 122, distributed sensor 124, global positioning system ("GPS") satellites (in low, mid, or high earth orbit), or others, without limitation)) and exchange data with one or more of bands 106-112, server 114, mobile computing device 115, mobile communications device 118, computer 120, laptop 122, and distributed sensor 124. Paragraph 0061, motion data).
detecting, via the processor, an initiation of the triggering event; (paragraph 0136, the strapband enters a mode of operation. During a certain mode, a controller (e.g., a mode controller) can be configured to monitor user characteristics at 1704 relevant to the mode, as well as relevant motion at 1706 and environmental factors at 1708. The logic of the strapband can operate to detect user and mode-related events at 1710, as well as motion-centric events at 1712. Optionally, upon detection of an event, the logic of the strapband can perform an action at 1714 or inhibit an action at 1716, and continue to loop at 1718 during the activity or mode).
Rahman et al does not specifically disclose wherein the data comprises information associated with electrical parameters generated by a flexible circuit of the wearable article that vary with the motions of the wearable article; and managing, via the processor, subsequent data generated by the wearable article, including data associated with varying electrical parameters, in accordance with the predefined one or more rules.
However in an analogous art Messingher et al teaches wherein the data comprises information associated with electrical parameters generated by a flexible circuit of the wearable article that vary with the motions of the wearable article; (paragraph 0153, a circuit for detecting pressure on a glove interface object, in accordance with an embodiment of the invention. In the illustrated embodiment, R.sub.R is a reference resistor, R.sub.P1 is a first resistor for a first pressure point, R.sub.P2 is a second resistor for a second pressure point, R.sub.PN is a n.sup.th resistor for a n.sup.th pressure point, A0 is an analog output, and 5V is a 5V power supply. Each of the pressure point resistors is a variable resistor whose resistance varies by pressure applied).
and managing, via the processor, subsequent data generated by the wearable article, including data associated with varying electrical parameters, in accordance with the predefined one or more rules. (paragraph 0158, Each contact or touch scenario is associated with a predefined voltage range. Thus, the voltage is read at the analog input A0, and correlated with the predefined voltage ranges to identify which contact scenario is occurring).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Rahman et al with the method of Messingher et al for the purpose of enabling a user to interact with an interactive application such as a video game (Messingher et al paragraph 0010).
Rahman et al in view of Messingher et al does not specifically disclose wherein the flexible circuit comprises a trace made from a deformable, fluid-phase conductor. However Wood et al in at least paragraph 0041 discloses an elastic strain sensor 100 that is formed from a flexible elastic substrate material 102 by molding or etching to form elongated microchannels 110 and loop portions 120. The microchannels 110 and the loop portions 120 can be filled with a conductive liquid 130 and the strain on the sensor 120 can be determined from changes in the electrical resistance of the conductive liquid 130 as the elastic material and the conducting liquid are stretched. The microchannels 110 and loop portions 120 can read on traces that are made from a deformable, fluid-phase conductor (conductive liquid 130). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the strain sensor of Wood et al with the invention of Rahman et al in view of Messingher et al in order to provide a skin that can be applied to robotic or orthopedic applications where joint position and motion sensing is needed (Wood et al paragraph 0015).
Consider claim 13. Rahman et al teaches A system, comprising:
a wearable article comprising a flexible circuit, (Fig. 7A and paragraph 0089, band 700 includes framework 702, covering 704, flexible circuit 706).
anda computing device communicably coupled to the wearable article, (Fig. 1 and paragraph 0058, As an example, band 104 may capture (i.e., record, store, communicate (i.e., send or receive), process, or the like) data from various sources (i.e., sensors that are organic (i.e., installed, integrated, or otherwise implemented with band 104) or distributed (e.g., microphones on mobile computing device 115, mobile communications device 118, computer 120, laptop 122, distributed sensor 124, global positioning system ("GPS") satellites (in low, mid, or high earth orbit), or others, without limitation)) and exchange data with one or more of bands 106-112, server 114, mobile computing device 115, mobile communications device 118, computer 120, laptop 122, and distributed sensor 124.
wherein the computing device comprises a processor and a memory configured to store instructions that, when executed by the processor, cause the computing device to (paragraph 0053, Various embodiments or examples may be implemented in numerous ways, including as a system, a process, an apparatus, a user interface, or a series of program instructions on a computer readable medium such as a computer readable storage medium or a computer network where the program instructions are sent over optical, electronic, or wireless communication links). :
predefine one or more rules by which data generated by a wearable article should be managed based on a user input, (paragraph 0056, Temperature, environmental, temporal, motion, electronic, electrical, chemical, or other types of sensors (including those described below in connection with FIG. 3) may be used in order to gather varying amounts of data, which may be configurable by a user, locally (e.g., using user interface facilities such as buttons, switches, motion-activated/detected command structures (e.g., accelerometer-gathered data from user-initiated motion of bands 104-112), and others) or remotely (e.g., entering rules or parameters in a website or graphical user interface ("GUI") that may be used to modify control systems or signals in firmware, circuitry, hardware, and software implemented (i.e., installed) on bands 104-112). Paragraph 0082, Further, location data 510 may be used by wearable device 502, as described above. User data 516, in some examples, may be data that include profile data, preferences, rules, or other information that has been previously entered by a given user of wearable device 502).
wherein the one or more rules comprise definition of a triggering event; (paragraph 0136, the strapband enters a mode of operation. During a certain mode, a controller (e.g., a mode controller) can be configured to monitor user characteristics at 1704 relevant to the mode, as well as relevant motion at 1706 and environmental factors at 1708. The logic of the strapband can operate to detect user and mode-related events at 1710, as well as motion-centric events at 1712. Optionally, upon detection of an event, the logic of the strapband can perform an action at 1714 or inhibit an action at 1716, and continue to loop at 1718 during the activity or mode).
detect an initiation of the triggering event; (paragraph 0136, the strapband enters a mode of operation. During a certain mode, a controller (e.g., a mode controller) can be configured to monitor user characteristics at 1704 relevant to the mode, as well as relevant motion at 1706 and environmental factors at 1708. The logic of the strapband can operate to detect user and mode-related events at 1710, as well as motion-centric events at 1712. Optionally, upon detection of an event, the logic of the strapband can perform an action at 1714 or inhibit an action at 1716, and continue to loop at 1718 during the activity or mode).
Rahman et al does not specifically disclose receive data associated with motions of the wearable article, wherein the data comprises information associated with the varying electrical parameters generated by the deformable conductor; detect an initiation of the triggering event; and manage subsequent data generated by the wearable article, including data associated with varying electrical parameters, in accordance with the predefined one or more rules.
receive data associated with motions of the wearable article, wherein the data comprises information associated with the varying electrical parameters generated by the deformable conductor; (paragraph 0153, a circuit for detecting pressure on a glove interface object, in accordance with an embodiment of the invention. In the illustrated embodiment, R.sub.R is a reference resistor, R.sub.P1 is a first resistor for a first pressure point, R.sub.P2 is a second resistor for a second pressure point, R.sub.PN is a n.sup.th resistor for a n.sup.th pressure point, A0 is an analog output, and 5V is a 5V power supply. Each of the pressure point resistors is a variable resistor whose resistance varies by pressure applied).
and manage subsequent data generated by the wearable article, including data associated with varying electrical parameters, in accordance with the predefined one or more rules. (paragraph 0158, Each contact or touch scenario is associated with a predefined voltage range. Thus, the voltage is read at the analog input A0, and correlated with the predefined voltage ranges to identify which contact scenario is occurring).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system of Rahman et al with the system of Messingher et al for the purpose of enabling a user to interact with an interactive application such as a video game (Messingher et al paragraph 0010).
Rahman et al in view of Messingher et al does not specifically disclose wherein the flexible circuit comprises a trace made from a deformable, fluid-phase conductor configured to generate varying electrical parameters through deformation of the trace in response to motions of the wearable article. However Wood et al in at least paragraph 0041 discloses an elastic strain sensor 100 that is formed from a flexible elastic substrate material 102 by molding or etching to form elongated microchannels 110 and loop portions 120. The microchannels 110 and the loop portions 120 can be filled with a conductive liquid 130 and the strain on the sensor 120 can be determined from changes in the electrical resistance of the conductive liquid 130 as the elastic material and the conducting liquid are stretched. The microchannels 110 and loop portions 120 can read on traces that are made from a deformable, fluid-phase conductor (conductive liquid 130). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the strain sensor of Wood et al with the invention of Rahman et al in view of Messingher et al in order to provide a skin that can be applied to robotic or orthopedic applications where joint position and motion sensing is needed (Wood et al paragraph 0015).
Consider claim 19. Rahman et al teaches A method of managing health records using a wearable article (paragraph 0057, Using data gathered by bands 104-112, applications may be used to perform various analyses and evaluations that can generate information as to a person's physical (e.g., healthy, sick, weakened, or other states, or activity level), emotional, or mental state (e.g., an elevated body temperature or heart rate may indicate stress, a lowered heart rate and skin temperature, or reduced movement (excessive sleeping), may indicate physiological depression caused by exertion or other factors, chemical data gathered from evaluating outgassing from the skin's surface may be analyzed to determine whether a person's diet is balanced or if various nutrients are lacking, salinity detectors may be evaluated to determine if high, lower, or proper blood sugar levels are present for diabetes management, and others). Generally, bands 104-112 may be configured to gather from sensors locally and remotely). comprising
a flexible circuit, (Fig. 7A and paragraph 0089, band 700 includes framework 702, covering 704, flexible circuit 706).
the method comprising:
generating, via the wearable article, a plurality of data entries, (Fig. 1 and paragraph 0058, band 104 may capture (i.e., record, store, communicate (i.e., send or receive), process, or the like) data from various sources (i.e., sensors that are organic (i.e., installed, integrated, or otherwise implemented with band 104) or distributed (e.g., microphones on mobile computing device 115, mobile communications device 118, computer 120, laptop 122, distributed sensor 124, global positioning system ("GPS") satellites (in low, mid, or high earth orbit), or others, without limitation)) and exchange data with one or more of bands 106-112, server 114, mobile computing device 115, mobile communications device 118, computer 120, laptop 122, and distributed sensor 124.).
wherein each data entry of the plurality comprises a key component comprising searchable metadata for distinguishing the data entry; (paragraph 0059, bands 104-112 may be configured to share data with each other or with an intermediary facility, such as a database, website, web service, or the like, which may be implemented by server 114. In some embodiments, server 114 can be operated by a third party providing, for example, social media-related services. Bands 104-112 and other related devices may exchange data with each other directly, or bands 104-112 may exchange data via a third party server, such as a third party like Facebook.RTM., to provide social-media related services. Examples of third party servers include servers for social networking services, including, but not limited to, services such as Facebook.RTM., Yahoo!IM.TM., GTalk.TM., MSN Messenger.TM., Twitter.RTM. and other private or public social networks. The exchanged data may include personal 20 physiological data and data derived from sensory-based user interfaces ("UI"). Server 114, in some examples, may be implemented using one or more processor-based computing devices or networks, including computing clouds, storage area networks ("SAN"), or the like. As shown, bands 104-112 may be used as a personal data or area network (e.g., "PDN" or "PAN") in which data relevant to a given user or band (e.g., one or more of bands 104-112) may be shared. As shown here, bands 104 and 112 may be configured to exchange data with each other over network 102 or indirectly using server 114. Users of bands 104 and 112 may direct a web browser hosted on a computer (e.g., computer 120, laptop 122, or the like) in order to access, view, modify, or perform other operations with data captured by bands 104 and 112. For example, two runners using bands 104 and 112 may be geographically remote (e.g., users are not geographically in close proximity locally such that bands being used by each user are in direct data communication), but wish to share data regarding their race times (pre, post, or in-race), personal records (i.e., "PR"), target split times, results, performance characteristics (e.g., target heart rate, target VO.sub.2 max, and others), and other information.
detecting, via a computing device, a subset of confidential data entries based on the key component of each data entry of the subset; (paragraph 0060, Some or all data captured may be personal, sensitive, or confidential).
and storing, via the computing device, the subset of data entries in a confidential storage, wherein the confidential storage complies with a regulation governing the management of confidential health records. (paragraph 0060, Some or all data captured may be personal, sensitive, or confidential and various techniques for providing secure storage and access may be implemented. For example, various types of security protocols and algorithms may be used to encode data stored or accessed by bands 104-112. Examples of security protocols and algorithms include authentication, encryption, encoding, private and public key infrastructure, passwords, checksums, hash codes and hash functions (e.g., SHA, SHA-1, MD-5, and the like), or others may be used to prevent undesired access to data captured by bands 104-112.
Rahman et al does not specifically disclose and a value component associated with electrical parameters generated by a deformable conductor of the flexible circuit
However in an analogous art Messingher et al teaches and a value component associated with electrical parameters (paragraph 0153, a circuit for detecting pressure on a glove interface object, in accordance with an embodiment of the invention. In the illustrated embodiment, R.sub.R is a reference resistor, R.sub.P1 is a first resistor for a first pressure point, R.sub.P2 is a second resistor for a second pressure point, R.sub.PN is a n.sup.th resistor for a n.sup.th pressure point, A0 is an analog output, and 5V is a 5V power supply. Each of the pressure point resistors is a variable resistor whose resistance varies by pressure applied).
generated by a deformable conductor of the flexible circuit (Paragraph 0156, Conductive pads are located on the fingertips and the palm region of the glove interface object 600. In the illustrated embodiment, a conductive pad 602 is located on the tip of the thumb, a conductive pad 604 is located on the tip of the index finger, and a conductive pad 606 is located on the tip of the middle finger, etc. A conductive pad 608 is located on the palm of the glove interface object 600. In some embodiments, the conductive pads are defined by a conductive fabric. However, in other embodiments, any conductive material suitable for providing a conductive surface on a glove interface object may be utilized. In preferred embodiments, the conductive material is flexible and deformable).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Rahman et al with the method of Messingher et al for the purpose of enabling a user to interact with an interactive application such as a video game (Messingher et al paragraph 0010).
Rahman et al in view of Messingher et al does not specifically disclose that the conductor of the flexible circuit is a “fluid-phase” conductor as required by the claim language. However Wood et al in at least paragraph 0041 discloses an elastic strain sensor 100 that is formed from a flexible elastic substrate material 102 by molding or etching to form elongated microchannels 110 and loop portions 120. The microchannels 110 and the loop portions 120 can be filled with a conductive liquid 130 and the strain on the sensor 120 can be determined from changes in the electrical resistance of the conductive liquid 130 as the elastic material and the conducting liquid are stretched. The microchannels 110 and loop portions 120 can read on traces that are made from a deformable, fluid-phase conductor (conductive liquid 130). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the strain sensor of Wood et al with the invention of Rahman et al in view of Messingher et al in order to provide a skin that can be applied to robotic or orthopedic applications where joint position and motion sensing is needed (Wood et al paragraph 0015).
Consider claims 2 and 14. Rahman et al further teaches the method and system of wherein managing the subsequent data generated by the wearable article further comprises transmitting, via the processor, the subsequent data generated by the wearable article to a first repository of a plurality of repositories. (See at least paragraph 0059, In some examples, bands 104-112 may be configured to share data with each other or with an intermediary facility, such as a database, website, web service, or the like, which may be implemented by server 114. Also see at least paragraph 0128, According to some embodiments, stored data can be accessed by a user or any entity (e.g., a third party) to adjust the data of databases 1340 and 1350).
Consider claims 3 and 15. Rahman et al further teaches the method and system of wherein the triggering event comprises a motion performed by a user of the wearable article, (paragraph 0135, motion analyzer 1666 can analyze motion to determine motion-centric events, such as striking a baseball, striking a golf ball, or kicking a soccer ball).
Rahman et al does not specifically disclose and wherein the method further comprises: correlating, via the processor, the electrical parameters generated by the wearable article to physical parameters associated with one or more portions of the wearable article; and determining, via the processor, that the user of the wearable article has performed the motion based on the correlation.
However in an analogous art Messingher et al teaches and wherein the method further comprises: correlating, via the processor, the electrical parameters generated by the wearable article to physical parameters associated with one or more portions of the wearable article; (paragraph 0158, the voltage is read at the analog input A0, and correlated with the predefined voltage ranges to identify which contact scenario is occurring.
and determining, via the processor, that the user of the wearable article has performed the motion based on the correlation. (paragraph 0159, different voltages and resistances maybe employed to provide for detection of contact between the thumb or palm, and the index/middle/ring/pinkie fingers).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system and method of Rahman et al with the system and method of Messingher et al for the purpose of enabling a user to interact with an interactive application such as a video game (Messingher et al paragraph 0010).
Consider claims 4 and 16. Rahman et al further teaches the method and system of and wherein the first repository of the plurality of repositories comprises a personal server. (paragraph 0126, user data 1352 of database 135, thus a personal server).
Rahman et al does not specifically disclose wherein the motion performed by the user of the wearable article comprises a personal motion
However in an analogous art Messingher et al teaches wherein the motion performed by the user of the wearable article comprises a personal motion (paragraph 0114, users collaborating may use their gloves to touch objects, move objects, interface with surfaces, press on objects, squeeze objects, toss objects, make gesture actions or motions, or the like, thus personal motions).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system and method of Rahman et al with the system and method of Messingher et al for the purpose of enabling a user to interact with an interactive application such as a video game (Messingher et al paragraph 0010).
Consider claims 5 and 17. Rahman et al further teaches the method and system of The computer-implemented method of claim 3, wherein the motion performed by the user of the wearable article comprises a medical motion, (paragraph 0086, different types of data may be captured for medical-related activities).
Rahman et al does not specifically disclose and wherein the first repository of the plurality of repositories comprises a confidential storage on a restricted side of a firewall. However firewalls are well known in the art as evidenced by Messingher et al who discloses in paragraph 0240 firewalls on client device 1410A. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system and method of Rahman et al with the system and method of Messingher et al in order to provide enhanced security for private confidential data.
Consider claim 9. Rahman et al further teaches The computer-implemented method of claim 1, wherein the triggering event comprises an engagement with a button associated with the wearable article. (paragraph 0056, One or more facilities, sensing elements, or sensors, both active and passive, may be implemented as part of bands 104-112 in order to capture various types of data from different sources. Temperature, environmental, temporal, motion, electronic, electrical, chemical, or other types of sensors (including those described below in connection with FIG. 3) may be used in order to gather varying amounts of data, which may be configurable by a user, locally (e.g., using user interface facilities such as buttons).
Consider claim 10. Rahman et al further teaches The computer-implemented method of claim 9, wherein the button is physically positioned on the wearable article. (Fig. 7 and paragraph 0090, button/switch/LED/LCD Display 730-732).
Consider claim 11. Rahman et al further teaches The computer-implemented method of claim 9, wherein the button is virtually presented via a display of a computing device communicably coupled to the wearable article. (paragraph 0087, a display I/O 624 that can be touch-sensitive for entering commands explicitly to enter or exit a mode, thus a virtual button).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rahman et al (pub #20120316406) in view of Messingher et al (pub # 20180260025) further in view of Wood et al (pub # 20140238153) and further in view of Robaina et al (pub # 20180197624).
Consider claim 6. Rahman et al in view of Messingher et al and further in view of Wood et al does not specifically disclose The computer-implemented method of claim 3, wherein the motion performed by the user of the wearable article comprises a motion of interest to an insurance company associated with the user of the wearable article, and wherein the first repository of the plurality of repositories comprises a server associated with the insurance company. However Robaina et al in at least paragraphs 0165-0168 discloses a system and method of storing virtual medical records, wherein the user can set levels of access privileges such as for example only allowing their insurance provider access to said records. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the repository of Rahman et al to be a server associated with an insurance company as disclosed by Robaina et al in order to allow the insurance company access to the user’s medical records in order to reimburse the user.
Claim(s) 7, 8, 18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rahman et al (pub #20120316406) in view of Messingher et al (pub # 20180260025) further in view of Wood et al (pub # 20140238153) and further in view of Bachoura (pub # 20230108369).
Consider claims 7 and 18. Rahman et al in view of Messingher et al and further in view of Wood et al does not specifically disclose wherein managing the subsequent data generated by the wearable article further comprises:generating, via the processor, a non-fungible token associated with the subsequent data generated by the wearable article; andstoring, via the processor, the non-fungible token on a blockchain network.
However Bachoura teaches generating, via the processor, a non-fungible token associated with the subsequent data generated by the wearable article; (paragraph 0012, non-fungible token (NFT)).
and storing, via the processor, the non-fungible token on a blockchain network. (paragraph 0012, Patient healthcare records can be stored as a non-fungible token (NFT) on the blockchain).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system and method of Rahman et al in view of Messingher et al and further in view of Wood et al with the system and method of Bachoura to allow for a “uniqueness” and help prevent duplication of patient healthcare records (Bachoura paragraph 0012).
Consider claim 8. Rahman et al in view of Messingher et al and further in view of Wood et al does not specifically disclose The computer-implemented method of claim 7, wherein the predefining the one or more rules further comprises programming, via the processor, the one or more rules into a smart contract executed by the blockchain network. However Bachoura in at least paragraph 0016 discloses that the tokens can be automatically transferred with a smart contract. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system and method of Rahman et al in view of Messingher et al and further in view of Wood et al with the system and method of Bachoura in order to provide trustworthy and efficient interactions between these healthcare industry participants (Bachoura paragraph 0010).
Consider claim 20. Rahman et al in view of Messingher et al and further in view of Wood et al does not specifically disclose The method of claim 19, wherein the confidential storage is a non-fungible token hosted on a blockchain network.
However Bachoura teaches wherein the confidential storage is a non-fungible token hosted on a blockchain network. (paragraph 0012, Patient healthcare records can be stored as a non-fungible token (NFT) on the blockchain).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system and method of Rahman et al in view of Messingher et al and further in view of Wood et al with the system and method of Bachoura to allow for a “uniqueness” and help prevent duplication of patient healthcare records (Bachoura paragraph 0012).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rahman et al (pub #20120316406) in view of Messingher et al (pub # 20180260025) and further in view of Wood et al (pub # 20140238153) and further in view of Han et al (pub # 20160287142).
Consider claim 12. Rahman et al in view of Messingher et al and further in view of Wood et al does not specifically disclose The computer-implemented method of claim 1, wherein detecting the initiation of the triggering event further comprises detecting, via the processor, that an ancillary device has been activated.
However Han et al teaches wherein detecting the initiation of the triggering event further comprises detecting, via the processor, that an ancillary device has been activated. (paragraph 0066, The sensor unit 170 may meter a physical quantity and detect an activation state of the electronic device 101 (ancillary device)).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Rahman et al in view of Messingher et al and further in view of Wood et al with the method of Han et al for the purpose of acquiring information about a medical state of the user (Han et al paragraph 0067).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAYCE R BIBBEE whose telephone number is (571)270-7222. The examiner can normally be reached Mon-Thurs 8:00-6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Eason can be reached at 571-270-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHAYCE R BIBBEE/Examiner, Art Unit 2624
/MATTHEW A EASON/Supervisory Patent Examiner, Art Unit 2624
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