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 .
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.
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.
Claim 2 is 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 2, it is not clear of what encompasses and is meant by the limitation “one or more radar sensors are encompassed by a frame of the wireless earpieces.” As claimed the phrase “one or more radar sensors” is excessively broad in nature and the meets and bounds of the claimed phrase cannot be ascertained by one skilled in the art. The claim indicates that the one or more radar sensors are encompassed by a frame of the wireless earpieces; however, Claim 1 of which Claim 2 depends from indicates that there is a first radar sensor and a second radar sensor. It is unclear if the one or more radar sensors of claim 2 refer to the first radar sensor, the second radar sensor, or both sensors. Review of the specification reveals at paragraph [0032] “The radar sensor 114 may be at least partially enclosed or encompassed within a housing or frame 108.” It suggested applicant amend the claims to be consistent with the disclosed first radar sensor and second radar sensor.” For examination purposes “one or more radar sensors” will be interpreted to refer to the first radar sensor and the second radar sensor as disclosed by claim 1.
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12226199. Although the claims at issue are not identical, they are not patentably distinct from each other because of the illustration below.
Instant Application
US Patent number: 12226199
[CLAIM 1] A method for utilizing radar from wireless earpieces, comprising: activating at least a first radar sensor and a second radar sensor of the wireless earpieces
wherein the first radar sensor is an inwardly facing radar sensor directed towards a user of the wireless earpieces and the second radar sensor is an externally facing radar sensor directed away from the user of the wireless earpieces;
performing radar measurements of the user using the first radar sensor and the second radar sensor of the wireless earpieces;
and analyzing the radar measurements from the first radar sensor, the analyzing performed using a processor of the wireless earpieces to provide a first set of results;
and analyzing the radar measurements from the second radar sensor, the analyzing performed using the processor of the wireless earpiece to provide a second set of results;
communicating the first set of results and the second set of results to an artificial intelligence (AI) assistant.
[Claim 1] A method for utilizing radar from wireless earpieces, comprising: activating at least a first radar sensor and a second radar sensor of the wireless earpieces
wherein the first radar sensor is an inwardly facing radar sensor directed towards a user of the wireless earpieces and the second radar sensor is an externally facing radar sensor directed away from the user of the wireless earpieces;
performing radar measurements of the user using the first radar sensor and the second radar sensor of the wireless earpieces;
and analyzing the radar measurements from the first radar sensor to determine biometric pulsatile measurements associated with the user, the analyzing performed using a processor of the wireless earpieces;
and analyzing the radar measurements from the second radar sensor to determine user movement, the analyzing performed using the processor of the wireless earpieces;
communicating the user movement and the biometric pulsatile measurements to an artificial intelligence (Al) assistant.
[CLAIM 2] The method of claim 1, wherein the one or more radar sensors are encompassed by a frame of the wireless earpieces
[CLAIM 2] The method of claim 1, wherein the one or more radar sensors are encompassed by a frame of the wireless earpieces.
[CLAIM 3] The method of claim 1, further comprising: comparing a baseline radar signature of the user with a radar signature read by the first radar sensor to identify the user.
[CLAIM 3] The method of claim 1, further comprising: comparing a baseline radar signature of the user with a radar signature read by the first radar sensor to identify the user.
[CLAIM 4] The method of claim 3, wherein the baseline radar signature is applicable to a head or ear of the user.
[CLAIM 4] The method of claim 5, wherein the baseline radar signature is applicable to a head or ear of the user.
[CLAIM 5] The method of claim 1, further comprising: isolating a Doppler frequency of a blood flow velocity from a composite signal represented by the radar measurements from the first radar sensor.
[CLAIM 6] The method of claim 1, wherein the radar measurements from the first radar sensor are pulsatile measurements.
[CLAIM 5] The method of claim 1, further comprising: isolating a Doppler frequency of a blood flow velocity from a composite signal represented by the radar measurements from the first radar sensor.
[CLAIM 1] analyzing the radar measurements from the first radar sensor to determine biometric pulsatile measurements associated with the user
[CLAIM 7] The method of claim 6 wherein the pulsatile measurements include one or more of heart rate, heart rate variability, blood flow velocity, blood pressure, and respiration rate.
[CLAIM 6] wherein the pulsatile measurements include one or more of heart rate, heart rate variability, blood flow velocity, blood pressure, and respiration rate.
[CLAIM 8] The method of claim 1, further comprising: audibly communicating information associated with the radar measurements from the first radar sensor to the user through the wireless earpieces.
[CLAIM 7] The method of claim 1, further comprising: audibly communicating information associated with the pulsatile measurements to the user through the wireless earpieces.
[CLAIM 9] The method of claim 1 wherein the radar measurements from the second radar sensor characterize user movements.
[CLAIM 1] analyzing the radar measurements from the second radar sensor to determine user movement
[CLAIM 10] A wireless earpiece, comprising: an earpiece housing for fitting in an ear of a user;
a processor controlling functionality of the wireless earpiece;
a plurality of sensors performing sensor measurements of the user,
wherein the plurality of sensors include an internally facing radar sensor directed towards the user and an externally facing radar sensor directed away from the user and
wherein the internally facing radar sensor is positioned for performing the radar measurements used to determine a first set of measurements associated with the user and
wherein the externally facing radar sensor is positioned for determining a second set of measurements associated with the user;
wherein the processor activates the plurality of sensors to perform radar measurements, and
analyzes the radar measurements from the internally facing radar sensor to determine the first set of measurements associated with the user;
an artificial intelligence (AI) assistant, wherein the processor is configured to activate the AI assistant and communicate the first set of measurements to the AI assistant.
[CLAIM 8] A wireless earpiece, comprising: an earpiece housing for fitting in an ear of a user.
a processor controlling functionality of the wireless earpiece
a plurality of sensors performing sensor measurements of the user,
wherein the plurality of sensors include an internally facing radar sensor directed towards the user and an externally facing radar sensor directed away from the user and
wherein the internally facing radar sensor is positioned for performing the radar measurements used to determine biometric pulsatile measurements associated with the user and
wherein the externally facing radar sensor is positioned for determining user gestures;
wherein the processor activates the plurality of sensors to perform radar measurements, and
analyzes the radar measurements from the internally facing radar sensor to determine the biometric pulsatile measurements associated with the user;
an artificial intelligence (Al) assistant, wherein the processor is configured to activate the Al assistant and communicate biometric pulsatile measurements to the Al assistant.
[CLAIM 11] The wireless earpiece of claim 10, wherein the processor compares a baseline radar signature of the user with a radar signature read by the internally facing radar sensor to identify the user.
[CLAIM 9] the processor compares a baseline radar signature of the user with a radar signature read by the internally facing radar sensor to identify the user.
[CLAIM 12] The wireless earpiece of claim 10, wherein the radar measurements from the first radar sensor are pulsatile measurements.
[Claim 8] the internally facing radar sensor is positioned for performing the radar measurements used to determine biometric pulsatile measurements associated with the user
[CLAIM 13] The wireless earpiece of claim 12 wherein the pulsatile measurements include one or more of heart rate, heart rate variability, blood flow velocity, blood pressure, and respiration rate.
[Claim 10] the pulsatile measurements include one or more of heart rate, heart rate variability, blood flow velocity, blood pressure, and respiration rate.
[CLAIM 14] The wireless earpiece of claim 10, wherein the processor isolates a Doppler frequency of a blood flow velocity from a composite signal represented by the radar measurements from the internally facing radar sensor.
[Claim 11] the processor isolates a Doppler frequency of a blood flow velocity from a composite signal represented by the radar measurements from the internally facing radar sensor.
[CLAIM 15] The wireless earpiece of 10, wherein the processor determines the motion of the wireless earpiece, and positioning of the wireless earpiece relative to a head of the user.
[Claim 12] the processor determines the motion of the wireless earpiece, and positioning of the wireless earpiece relative to a head of the user.
Claims 16-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 8 of US Patent no.12226199 in view of Goldstein (US 20170112671 A1).
Regarding Claim 16, Claim 8 of US Patent 12226199 contains all the teachings of instant claim 10. The claims of US Patent 12226199 do not appear to disclose the use of a speaker. Goldstein discloses, at least one speaker (“include an auditory front end that includes at least one microphone and at least one speaker” [0062]).
Goldstein teaches in the same field of endeavor of wearable monitors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify US Patent 12226199 with the teachings of Goldstein to incorporate the features of a speaker so as to gain the advantage of improving user interaction and accessibility. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding Claim 17, Claim 8 of US Patent 12226199 as modified by Goldstein contains all the teachings of instant claim 16. The claims of US Patent 12226199 do not appear to disclose the use of a microphone. Goldstein discloses, at least one microphone (“include an auditory front end that includes at least one microphone and at least one speaker” [0062]).
Goldstein teaches in the same field of endeavor of wearable monitors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify US Patent 12226199 with the teachings of Goldstein to incorporate the features of a microphone so as to gain the advantage of improving user interaction and accessibility. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding Claim 18, Claim 8 of US Patent 12226199 as modified by Goldstein contains all the teachings of instant claim 17. The claims of US Patent 12226199 do not appear to disclose the use of a wireless transceiver. Goldstein discloses, at least one wireless transceiver operatively connected to the processor (“sensing functions can be performed by a number of processors and sensors operating cooperatively or a single processor and sensor arrangement that includes transceivers ” [0041]).
Goldstein teaches in the same field of endeavor of wearable monitors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify US Patent 12226199 with the teachings of Goldstein to incorporate the features of a wireless transceiver so as to gain the advantage of improving communication and data collection capabilities. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding Claim 19, Claim 8 of US Patent 12226199 as modified by Goldstein contains all the teachings of instant claim 18. The claims of US Patent 12226199 do not appear to disclose the use of a wireless transceiver. Goldstein discloses, at least one wireless transceiver is configured to connect the wireless earpiece to a connected device having application executing thereon (“A primary module can be on the device 20 and a second device can reside on a separate device such as a mobile device or phone or another body worn device in operational communication with the device 20” [0137]).
Goldstein teaches in the same field of endeavor of wearable monitors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify US Patent 12226199 with the teachings of Goldstein to incorporate the features of a wireless transceiver configured to connect the wireless earpiece to a connected device having application executing thereon so as to gain the advantage of improving communication capabilities [0137, Goldstein] . Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding Claim 20, Claim 8 of US Patent 12226199 as modified by Goldstein contains all the teachings of instant claim 19. The claims of US Patent 12226199 do not appear to disclose the use of a wireless transceiver. Goldstein discloses, the at least one wireless transceiver is a Bluetooth transceiver. (“ Data from the sensors can be sent to the processor directly or wirelessly using appropriate wireless modules 6A and communication protocols such as Bluetooth,” [0064]).
Goldstein teaches in the same field of endeavor of wearable monitors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify US Patent 12226199 with the teachings of Goldstein to incorporate the features of a Bluetooth transceiver so as to gain the advantage of improving communication capabilities [0059, Goldstein] . Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
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 1-4, 6-13, and 15-20 is rejected under 35 U.S.C. 103 as being unpatentable over Goldstein (US 20170112671 A1) in view of Shay(US 20170119318 A1)
Regarding claim 1, Goldstein discloses
A method for utilizing […] from wireless earpieces, comprising: activating at least a first […] sensor and a second […] sensor of the wireless earpieces (“ earpiece modules will be illustrated and described for insertion within the ear canal of the human bod” [0056]) wherein the first […] sensor is an inwardly facing […] sensor directed towards a user of the wireless earpieces (“Exemplary physiological and environmental sensors that may be incorporated into a Bluetooth® or other type of earpiece module include, but are not limited to accelerometers, auscultatory sensors, pressure sensors, humidity sensors, color sensors, light intensity sensors, pulse oximetry sensors, pressure sensors, etc” [0059]) and the second […] sensor is an externally facing radar sensor directed away from the user of the wireless earpieces (“An external energy sensor (5A), serving primarily as an environmental sensor, can be any compact sensor for monitoring the external environment in the vicinity of the body” [0113]) […] the analyzing performed using a processor of the wireless earpieces to provide a first set of results (“Each physiological sensor is configured to detect and/or measure or one or more physiological data point from a respective subject” [0093]); […] the analyzing performed using the processor of the wireless earpiece to provide a second set of results (“each environmental sensor is configured to detect and/or measure one or more environmental conditions in a vicinity of the respective subject” [0093])
Although Goldstein discloses wireless earpieces which comprise inward and outward facing sensors, Goldstein does not explicitly disclose that these sensors are radar sensors. Shay discloses
performing radar measurements (“an RF system 105 can take on a variety of form factors, including, but not limited to, […] earpiece, “[0113]) of the user using the first radar sensor and the second radar sensor of the wireless earpieces (“an embodiment of a system for evaluating cardiovascular-related health of a user can include a radio frequency (RF) sensor device operable to transmit incident signals (e.g., pulse signals) towards the user,"[0026]); and analyzing the radar measurements from the first radar sensor (“the amplitude across multiple radar pulses can be captured as representative of a blood pressure pulse wave” [0063]), […] and analyzing the radar measurements from the second radar sensor (“Block S236 functions to evaluate contextual conditions describing the environment in which RF sensor device signals are acquired” [0185]), […] communicating the first set of results and the second set of results to an artificial intelligence (AI) assistant (“employing machine learning techniques” [0184]).
Shay teaches in the same field of endeavor of wearable monitors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Goldstein with the teachings of Shay to incorporate the features of a radar sensor and artificial intelligence so as to gain the advantage of expanding data collection and analysis capabilities [0031 & 0169, Shay]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 2, Goldstein as modified by Shay discloses all the limitations of claim 1. Goldstein discloses wherein, the one or more […] sensors are encompassed by a frame of the wireless earpieces (“, the body attachment component (or balloon 21) can contain physiological and environmental sensors” [0127]).
Although Goldstein discloses sensors encompassed by a frame of the wireless earpieces, Goldstein does not explicitly disclose that the sensors are radar sensors. Shay discloses one or more radar sensors (“an RF system 105 can take on a variety of form factors, including, but not limited to, […] earpiece, “[0113]).
Shay teaches in the same field of endeavor of wearable monitors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Goldstein with the teachings of Shay to incorporate the features of a radar sensor so as to gain the advantage of expanding data collection capabilities [0031, Shay]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 3, Goldstein as modified by Shay discloses all the limitations of claim 1. Goldstein discloses, comparing a baseline […] signature of the user with a […]signature read by the first […] sensor to identify the user (“a physiological sensor and/or an environmental sensor may be configured to identify a person, such as biometric identification of a person, to whom the wearable monitoring device 20 is attached” [0114]).
Although Goldstein discloses sensors encompassed by a frame of the wireless earpieces, Goldstein does not explicitly disclose that the sensors are radar sensors. Shay discloses one or more radar sensors (“an RF system 105 can take on a variety of form factors, including, but not limited to, […] earpiece, “[0113]).
Shay teaches in the same field of endeavor of wearable monitors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Goldstein with the teachings of Shay to incorporate the features of a radar sensor so as to gain the advantage of expanding data collection capabilities [0031, Shay]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 4, Goldstein as modified by Shay discloses all the limitations of claim 3. Goldstein discloses wherein, the baseline […] signature is applicable to a head or ear of the user (“ earpiece modules will be illustrated and described for insertion within the ear canal of the human body.” [0056]).
Although Goldstein discloses sensors encompassed by a frame of the wireless earpieces, Goldstein does not explicitly disclose that the sensors are radar sensors. Shay discloses one or more radar sensors (“an RF system 105 can take on a variety of form factors, including, but not limited to, […] earpiece, “[0113]).
Shay teaches in the same field of endeavor of wearable monitors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Goldstein with the teachings of Shay to incorporate the features of a radar sensor so as to gain the advantage of expanding data collection capabilities [0031, Shay]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 6, Goldstein as modified by Shay discloses all the limitations of claim 1. Goldstein discloses wherein, the […] measurements from the first […] sensor are pulsatile measurements (“a sensor may collect raw physiological or environmental data from various sensors and process this data into a meaningful assessment, such as pulse rate, blood pressure” [0041]).
Although Goldstein discloses sensors encompassed by a frame of the wireless earpieces, Goldstein does not explicitly disclose that the sensors are radar sensors. Shay discloses one or more radar sensors (“the amplitude across multiple radar pulses can be captured as representative of a blood pressure pulse wave, “[0063]).
Shay teaches in the same field of endeavor of wearable monitors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Goldstein with the teachings of Shay to incorporate the features of a radar sensor so as to gain the advantage of expanding data collection capabilities [0031, Shay]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 7, Goldstein as modified by Shay discloses all the limitations of claim 6. Goldstein discloses wherein, the pulsatile measurements include one or more of heart rate, heart rate variability, blood flow velocity, blood pressure, and respiration rate (“a sensor may collect raw physiological or environmental data from various sensors and process this data into a meaningful assessment, such as pulse rate, blood pressure” [0041] & “heartbeats, breathing rates, vascular signatures, pulse oximetry, blood flow,” [0064]).
Regarding claim 8, Goldstein as modified by Shay discloses all the limitations of claim 1. Goldstein discloses, audibly communicating information associated with the […] measurements from the first […] sensor to the user through the wireless earpieces (“ corrective action information may be communicated to the subjects in response to identifying one or more health and/or environmental problems associated with the subject“ [0091] & “that housing a speaker 27” [0125])
Although Goldstein discloses sensors encompassed by a frame of the wireless earpieces, Goldstein does not explicitly disclose that the sensors are radar sensors. Shay discloses one or more radar sensors (“the amplitude across multiple radar pulses can be captured as representative of a blood pressure pulse wave, “[0063]).
Shay teaches in the same field of endeavor of wearable monitors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Goldstein with the teachings of Shay to incorporate the features of a radar sensor so as to gain the advantage of expanding data collection capabilities [0031, Shay]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 9, Goldstein as modified by Shay discloses all the limitations of claim 1. Goldstein discloses, the […] measurements from the second […] sensor characterize user movements (“The gesture control 3B, for example, can be a motion detector for detecting certain user movements (finger, head, foot, jaw, etc.) “ [0065]).
Although Goldstein discloses sensors encompassed by a frame of the wireless earpieces, Goldstein does not explicitly disclose that the sensors are radar sensors. Shay discloses one or more radar sensors (“the amplitude across multiple radar pulses can be captured as representative of a blood pressure pulse wave, “[0063]).
Shay teaches in the same field of endeavor of wearable monitors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Goldstein with the teachings of Shay to incorporate the features of a radar sensor so as to gain the advantage of expanding data collection capabilities [0031, Shay]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 10, Goldstein discloses
A wireless earpiece, comprising: an earpiece housing for fitting in an ear of a user (“ earpiece modules will be illustrated and described for insertion within the ear canal of the human bod” [0056]); a processor controlling functionality of the wireless earpiece (“An fully integrated system or device 1 can include an earpiece having a power source 2 (such as button cell battery, a rechargeable battery, or other power source) and one or more processors 4” [0064]); a plurality of sensors performing sensor measurements of the user, wherein the plurality of sensors include an internally facing […] sensor directed towards the user (“Exemplary physiological and environmental sensors that may be incorporated into a Bluetooth® or other type of earpiece module include, but are not limited to accelerometers, auscultatory sensors, pressure sensors, humidity sensors, color sensors, light intensity sensors, pulse oximetry sensors, pressure sensors, etc” [0059]) and an externally facing […] sensor directed away from the user (“An external energy sensor (5A), serving primarily as an environmental sensor, can be any compact sensor for monitoring the external environment in the vicinity of the body” [0113]) and wherein the internally facing […] sensor is positioned for performing the […] measurements used to determine a first set of measurements associated with the user (“Exemplary physiological and environmental sensors that may be incorporated into a Bluetooth® or other type of earpiece module include, but are not limited to accelerometers, auscultatory sensors, pressure sensors, humidity sensors, color sensors, light intensity sensors, pulse oximetry sensors, pressure sensors, etc” [0059])) and wherein the externally facing […]sensor is positioned for determining a second set of measurements associated with the user (“An external energy sensor (5A), serving primarily as an environmental sensor, can be any compact sensor for monitoring the external environment in the vicinity of the body” [0113]); wherein the processor activates the plurality of sensors to perform […]measurements (“each environmental sensor is configured to detect and/or measure one or more environmental conditions in a vicinity of the respective subject” [0093]), and analyzes the radar measurements from the internally facing radar sensor to determine the first set of measurements associated with the user (“Each physiological sensor is configured to detect and/or measure or one or more physiological data point from a respective subject” [0093]);
Although Goldstein discloses wireless earpieces which comprise inward and outward facing sensors, Goldstein does not explicitly disclose that these sensors are radar sensors. Shay discloses, internally facing radar sensor (“an embodiment of a system for evaluating cardiovascular-related health of a user can include a radio frequency (RF) sensor device operable to transmit incident signals (e.g., pulse signals) towards the user,"[0026]) […]externally facing radar sensor is positioned for determining a second set of measurements associated with the user(“Block S236 functions to evaluate contextual conditions describing the environment in which RF sensor device signals are acquired” [0185]) […] an artificial intelligence (AI) assistant, wherein the processor is configured to activate the AI assistant and communicate the first set of measurements to the AI assistant (“employing machine learning techniques” [0184]).
Shay teaches in the same field of endeavor of wearable monitors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Goldstein with the teachings of Shay to incorporate the features of a radar sensor and artificial intelligence so as to gain the advantage of expanding data collection and analysis capabilities [0031 & 0169, Shay]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 11, Goldstein as modified by Shay discloses all the limitations of claim 10. Goldstein discloses wherein, the processor compares a baseline […] signature of the user with a […] signature read by the internally facing […] sensor to identify the user (“a physiological sensor and/or an environmental sensor may be configured to identify a person, such as biometric identification of a person, to whom the wearable monitoring device 20 is attached” [0114]).
Although Goldstein discloses sensors encompassed by a frame of the wireless earpieces, Goldstein does not explicitly disclose that the sensors are radar sensors. Shay discloses one or more radar sensors (“an RF system 105 can take on a variety of form factors, including, but not limited to, […] earpiece, “[0113]).
Shay teaches in the same field of endeavor of wearable monitors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Goldstein with the teachings of Shay to incorporate the features of a radar sensor so as to gain the advantage of expanding data collection capabilities [0031, Shay]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 12, Goldstein as modified by Shay discloses all the limitations of claim 10. Goldstein discloses wherein, the […] measurements from the first […] sensor are pulsatile measurements (“a sensor may collect raw physiological or environmental data from various sensors and process this data into a meaningful assessment, such as pulse rate, blood pressure” [0041]).
Although Goldstein discloses sensors encompassed by a frame of the wireless earpieces, Goldstein does not explicitly disclose that the sensors are radar sensors. Shay discloses one or more radar sensors (“the amplitude across multiple radar pulses can be captured as representative of a blood pressure pulse wave, “[0063]).
Shay teaches in the same field of endeavor of wearable monitors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Goldstein with the teachings of Shay to incorporate the features of a radar sensor so as to gain the advantage of expanding data collection capabilities [0031, Shay]. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 13, Goldstein as modified by Shay discloses all the limitations of claim 12. Goldstein discloses wherein, the pulsatile measurements include one or more of heart rate, heart rate variability, blood flow velocity, blood pressure, and respiration rate (“a sensor may collect raw physiological or environmental data from various sensors and process this data into a meaningful assessment, such as pulse rate, blood pressure” [0041] & “heartbeats, breathing rates, vascular signatures, pulse oximetry, blood flow,” [0064]).
Regarding claim 15, Goldstein as modified by Shay discloses all the limitations of claim 10. Goldstein discloses wherein, the processor determines the motion of the wireless earpiece (“A person's body motion and head position can also be monitored by integrating a motion sensor into an earpiece module” [0199])
Goldstein does not explicitly disclose identifying position of the earpiece relative to the head of a user. Shay discloses and positioning of the wireless earpiece relative to a head of the user (“ The analysis can indicate relative location and orientation of RF system 105 and/or components such as antenna 112 134,” [0115]).
Shay teaches in the same field of endeavor of wearable monitors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Goldstein with the teachings of Shay to incorporate the features of identifying position of the earpiece relative to the head of a user so as to gain the advantage of improving positioning estimates. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using
Regarding claim 16, Goldstein as modified by Shay discloses all the limitations of claim 10. Goldstein discloses, at least one speaker (“an auditory front end that includes at least one microphone and at least one speaker.” [0062])
Regarding claim 17, Goldstein as modified by Shay discloses all the limitations of claim 16. Goldstein discloses, at least one microphone (“an auditory front end that includes at least one microphone and at least one speaker.” [0062]).
Regarding claim 18, Goldstein as modified by Shay discloses all the limitations of claim 17. Goldstein discloses, at least one wireless transceiver operatively connected to the processor (“sensing functions can be performed by a number of processors and sensors operating cooperatively or a single processor and sensor arrangement that includes transceivers ” [0041])
Regarding claim 19, Goldstein as modified by Shay discloses all the limitations of claim 18. Goldstein discloses, the at least one wireless transceiver is configured to connect the wireless earpiece to a connected device having application executing thereon (“A primary module can be on the device 20 and a second device can reside on a separate device such as a mobile device or phone or another body worn device in operational communication with the device 20” [0137]).
Regarding claim 20, Goldstein as modified by Shay discloses all the limitations of claim 18. Goldstein discloses, the at least one wireless transceiver is a Bluetooth transceiver (“ Data from the sensors can be sent to the processor directly or wirelessly using appropriate wireless modules 6A and communication protocols such as Bluetooth,” [0064])
Claims 5 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Goldstein (US 20170112671 A1) as modified by Shay(US 20170119318 A1)as applied to claims 1 and 10 above, and further in view of Tran(US 20080294019 A1)
Regarding claim 5, Goldstein as modified by Shay discloses all the limitations of claim 1. Goldstein as modified by Shay disclose collecting pulsatile measurements using radar. Goldstein as modified by Shay do not appear to explicitly disclose isolating a Doppler frequency of a blood flow velocity. Tran discloses, isolating a Doppler frequency of a blood flow velocity from a composite signal represented by the radar measurements from the first radar sensor (“The monitoring device generates patient heart rate and/or blood flow velocity using Doppler radar” [0150]).
Tran teaches in the same field of endeavor of wearable monitors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Goldstein as modified by Shay with the teachings of Tran to incorporate the features of isolating a Doppler frequency of a blood flow velocity so as to gain the advantage of expanding data collection capabilities regarding human health metrics Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 14, Goldstein as modified by Shay discloses all the limitations of claim 10. Goldstein as modified by Shay disclose collecting pulsatile measurements using radar. Goldstein as modified by Shay do not appear to explicitly disclose isolating a Doppler frequency of a blood flow velocity. Tran discloses wherein, the processor isolates a Doppler frequency of a blood flow velocity from a composite signal represented by the radar measurements from the internally facing radar sensor (“The monitoring device generates patient heart rate and/or blood flow velocity using Doppler radar” [0150]).
Tran teaches in the same field of endeavor of wearable monitors. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Goldstein as modified by Shay with the teachings of Tran to incorporate the features of isolating a Doppler frequency of a blood flow velocity so as to gain the advantage of expanding data collection capabilities regarding human health metrics Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Documents Considered but not Relied Upon
The prior art made of record and not relied upon is considered pertinent to the applicant’s Disclosure.
Osterhout (US 20120200488 A1)is considered analogous art to the instant application as it discloses in [0018] “at least one of a plurality of head motion sensing control devices integrated with the eyepiece that provide control commands to the processor as command instructions based upon sensing a predefined head motion characteristic.”
Conclusion
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/C.P.R./Examiner, Art Unit 3646
/JACK W KEITH/Supervisory Patent Examiner, Art Unit 3646
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