DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice to Applicant
2. This communication is in response to the communication filed 2/27/3035. Claims 1-20 are currently pending.
Double Patenting
3. 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.
3.1. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,262,973. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim(s) is/are either anticipated by, or would have been obvious over, the reference claim(s) because all of the limitations of claims 1-20 of instant pending patent application 19/065610 correspond to limitations recited in claims 1-18 of U.S. Patent 12,262,973. Any claim limitation differences are not substantively significant and/or are obvious under a broad and reasonable interpretation, as detailed in the comparison chart below.
PENDING CLAIMS (19/065610)
US PATENT 12,262,973
CLAIM 1
A system comprising:
a medical hub device comprising a processor and addressable memory;
wherein the processor of the medical hub device is configured to:
detect an abnormality in collected biological signals based on comparing the collected biological signals of a current reading versus locally stored biological signals representing a prior reading;
increase measurement frequency of the biological signals by the set of sensors based on the detected abnormality to determine whether the detected abnormality of the collected biological signal sensor reading with the increased frequency measurements is consistent across sequentially collected biological signals;
detect an error in the collected biological signals of the current reading with the increased frequency measurements based on comparing collected biological signals of an alternate sensor of the set of sensors versus locally stored biological signals representing a prior reading by the alternate sensor of the set of sensors, thereby detection of an abnormality by the alternate sensor indicates that the detected abnormality is due to a sensor error;
determine whether the detected error in the collected biological signals of the current reading is due to environmental factors based on correlating collected environmental data with the collected biological signal;
correct the determined error in the collected biological signals by prioritizing the detected abnormality based on the correlated collected biological signals and the collected environmental data; and
transmit the error corrected collected biological signals.
CLAIM 1
A system comprising:
an Internet of Things (IoT) secured gateway;
a user interface comprising an interactivity tool;
an environmental monitoring device configured to collect environmental data;
a set of sensors configured to collect biological signals;
a secure encrypted local database; and
a medical hub device comprising a processor and addressable memory;
wherein the system is configured to:
collect, via the set of sensors, biological signals related to patient status, wherein the biological signals are collected on a continual basis;
collect, via the environmental monitoring device, environmental data associated with patient environment and used for monitoring patient status, wherein the environmental data are collected on a continual basis; store, locally via the secure encrypted local database, the collected biological signals and the collected environmental data spanning over a period of time;
detect, by the processor, an abnormality in the collected biological signals based on comparing the collected biological signals of a current reading versus the locally stored biological signals representing a prior reading, wherein the abnormality detection is executed for biological signals collected by all the sensors in the set of sensors;
increase, by the processor, measurement frequency of the biological signals by the set of sensors based on the detected abnormality to determine whether the detected abnormality of the collected biological signal sensor reading with the increased frequency measurements is consistent across sequentially collected biological signals;
detect, by the processor, an error in the collected biological signals of the current reading with the increased frequency measurements based on comparing collected biological signals of an alternate sensor of the set of sensors versus locally stored biological signals representing a prior reading by the alternate sensor of the set of sensors, thereby detection of an abnormality by the alternate sensor indicates that the detected abnormality is due to a sensor error;
determine, by the processor, whether the detected error in the collected biological signals of the current reading is due to environmental factors based on correlating the collected environmental data with the collected biological signal;
correct, by the processor, the determined error in the collected biological signals by prioritizing the detected abnormality based on the correlated collected biological signals and the collected environmental data; and
transmit, via the IoT secured gateway, the error corrected collected biological signals as encrypted data over a secure connection to a cloud system.
CLAIM 2
The system of claim 1, further comprising:
an Internet of Things (IoT) secured gateway;
a user interface comprising an interactivity tool;
an environmental monitoring device configured to collect environmental data;
the set of sensors configured to collect biological signals; and
a secure encrypted local database.
CLAIM 1
A system comprising:
an Internet of Things (IoT) secured gateway;
a user interface comprising an interactivity tool;
an environmental monitoring device configured to collect environmental data;
a set of sensors configured to collect biological signals;
a secure encrypted local database; and
CLAIM 3
The system of claim 2, wherein the system is further configured to:
collect, via the set of sensors, biological signals related to patient status, wherein the biological signals are collected on a continual basis;
collect, via the environmental monitoring device, environmental data associated with patient environment and used for monitoring patient status, wherein the environmental data are collected on a continual basis; and
store, locally via the secure encrypted local database, the collected biological signals and the collected environmental data spanning over a period of time.
CLAIM 1
wherein the system is configured to:
collect, via the set of sensors, biological signals related to patient status, wherein the biological signals are collected on a continual basis;
collect, via the environmental monitoring device, environmental data associated with patient environment and used for monitoring patient status, wherein the environmental data are collected on a continual basis;
store, locally via the secure encrypted local database, the collected biological signals and the collected environmental data spanning over a period of time;
CLAIM 4
The system of claim 3, further comprising a dedicated neural network accelerator chip for on-board analysis, wherein data points from the collected data including at least one of the biological signals and the environmental data are extracted and only such data points are stored wherein other identifiable patient information is discarded.
CLAIM 2
The system of claim 1, further comprising a dedicated neural network accelerator chip for on-board analysis, wherein data points from the collected data including at least one of the biological signals and the environmental data are extracted and only such data points are stored wherein other identifiable patient information is discarded.
CLAIM 5
The system of claim 4, wherein values of the extracted data point are non-linear transformations of the collected data, and therefore an original recording of the collected biological signals cannot be reconstructed from these values.
CLAIM 3
The system of claim 2, wherein values of the extracted data point are non-linear transformations of the collected data, and therefore an original recording of the collected biological signals cannot be reconstructed from these values.
CLAIM 6
The system of claim 4, wherein the dedicated neural network accelerator hardware allows the collecting and monitoring to be always on without impacting privacy.
CLAIM 4
The system of claim 3, wherein the dedicated neural network accelerator hardware allows the collecting and monitoring to be always on without impacting privacy.
CLAIM 7
The system of claim 3, wherein the environmental monitoring device comprises at least one of: a particulate matter sensor, an environmental sensor, an air quality sensor, and an ambient light sensor.
CLAIM 5
The system of claim 1, wherein the environmental monitoring device comprises at least one of: a particulate matter sensor, an environmental sensor, an air quality sensor, and an ambient light sensor.
CLAIM 8
The system of claim 7, wherein the particulate matter sensor is configured to use optical technology to detect particulate matter.
CLAIM 6
The system of claim 5, wherein the particulate matter sensor is configured to use optical technology to detect particulate matter.
CLAIM 9
The system of claim 7, wherein the environmental sensor is configured to measure at least one of temperature, humidity, and pressure.
CLAIM 7
The system of claim 5, wherein the environmental sensor is configured to measure at least one of temperature, humidity, and pressure.
CLAIM 10
The system of claim 7, wherein the air quality sensor is configured to measure at least one of volatile organic compounds (VOCs), volatile sulfur compounds (VSCs), carbon monoxide (ACO), and hydrogen.
CLAIM 8
The system of claim 5, wherein the air quality sensor is configured to measure at least one of volatile organic compounds (VOCs), volatile sulfur compounds (VSCs), carbon monoxide (ACO), and hydrogen.
CLAIM 11
The system of claim 7, wherein the ambient light sensor includes a set of photodiodes in a single package configured to measure ambient light levels.
CLAIM 9
The system of claim 5, wherein the ambient light sensor includes a set of photodiodes in a single package configured to measure ambient light levels.
CLAIM 12
The system of claim 3, further comprising a microphone array, wherein the microphone array is configured to monitor coughing frequency and cough characteristics.
CLAIM 10
The system of claim 1, further comprising a microphone array, wherein the microphone array is configured to monitor coughing frequency and cough characteristics.
CLAIM 13
The system of claim 12, wherein in order to remove privacy risks, data points including at least one of cough counts, cough features, and noise levels are extracted on the medical hub device, and only those extracted data points are stored and telemetered while the full audio recordings from the microphone array are discarded.
CLAIM 11
The system of claim 10, wherein in order to remove privacy risks, data points including at least one of cough counts, cough features, and noise levels are extracted on the medical hub device, and only those extracted data points are stored and telemetered while the full audio recordings from the microphone array are discarded.
CLAIM 14
The system of claim 3, wherein the system is further configured to: transmit, via the user interface, a message to indicate that a sensor error has been detected based on a determination that the detected abnormality is caused by a sensor error.
CLAIM 12
The system of claim 1, wherein the system is further configured to: transmit, via the user interface, a message to indicate that a sensor error has been detected based on a determination that the detected abnormality is caused by a sensor error.
CLAIM 15
The system of claim 14, wherein the system is further configured to: notify, via the user interface, a patient in real-time without waiting for roundtrip transmission time for communication to be transmitted to a clinical team, thereby avoid unnecessary bidirectional communication between the medical hub device and the cloud system.
CLAIM 13
The system of claim 12, wherein the system is further configured to: notify, via the user interface, a patient in real-time without waiting for roundtrip transmission time for communication to be transmitted to a clinical team, thereby avoid unnecessary bidirectional communication between the medical hub device and the cloud system.
CLAIM 16
The system of claim 3, wherein an error is detected if measurement data of the collected biological signals are outside of bounds set by a clinical team.
CLAIM 14
The system of claim 1, wherein an error is detected if measurement data of the collected biological signals are outside of bounds set by a clinical team.
CLAIM 17
The system of claim 3, wherein if the system is not able to perform error correction, then the system is configured to: transmit a notification to a patient to be notified in real-time from the medical hub device rather than waiting for round trip transit time for the medical hub device to communicate the measurement data to the clinical team via the cloud system.
CLAIM 15
The system of claim 1, wherein if the system is not able to perform error correction, then the system is configured to: transmit a notification to a patient to be notified in real-time from the medical hub device rather than waiting for round trip transit time for the medical hub device to communicate the measurement data to the clinical team via the cloud system.
CLAIM 18
The system of claim 3, wherein no identifiable patient information is stored locally in the secure encrypted local database and all data is tagged using randomly generated unique patient IDs for remote patient monitoring thereby avoiding unnecessary bidirectional communication between the system and the cloud system.
CLAIM 16
The system of claim 1, wherein no identifiable patient information is stored locally in the secure encrypted local database and all data is tagged using randomly generated unique patient IDs for remote patient monitoring thereby avoiding unnecessary bidirectional communication between the system and the cloud system.
CLAIM 19
A device comprising a processor and addressable memory, the device configured to:
detect, by the processor, an abnormality in collected biological signals based on comparing the collected biological signals of a current reading versus locally stored biological signals representing a prior reading, wherein the abnormality detection is executed for biological signals collected by all sensors in a set of sensors;
increase, by the processor, measurement frequency of the biological signals by the set of sensors based on the detected abnormality to determine whether the detected abnormality of the collected biological signal sensor reading with the increased frequency measurements is consistent across sequentially collected biological signals;
detect, by the processor, an error in the collected biological signals of the current reading with the increased frequency measurements based on comparing collected biological signals of an alternate sensor of the set of sensors versus locally stored biological signals representing a prior reading by the alternate sensor of the set of sensors, thereby detection of an abnormality by the alternate sensor indicates that the detected abnormality is due to a sensor error;
determine, by the processor, whether the detected error in the collected biological signals of the current reading is due to environmental factors based on correlating the collected environmental data with the collected biological signal; and
correct, by the processor, the determined error in the collected biological signals by prioritizing the detected abnormality based on the correlated collected biological signals and the collected environmental data.
CLAIM 17
A device comprising: a processor and addressable memory, the device configured to:
receive, from a set of sensors, collected biological signals related to patient status, wherein the biological signals are collected on a continual basis;
receive, from an environmental monitoring device, collected environmental data associated with patient environment and used for monitoring patient status, wherein the environmental data are collected on a continual basis;
store, locally via a secure encrypted local database, the collected biological signals and the collected environmental data spanning over a period of time;
detect, by the processor, an abnormality in the collected biological signals based on comparing the collected biological signals of a current reading versus the locally stored biological signals representing a prior reading, wherein the abnormality detection is executed for biological signals collected by all the sensors in the set of sensors;
increase, by the processor, measurement frequency of the biological signals by the set of sensors based on the detected abnormality to determine whether the detected abnormality of the collected biological signal sensor reading with the increased frequency measurements is consistent across sequentially collected biological signals;
detect, by the processor, an error in the collected biological signals of the current reading with the increased frequency measurements based on comparing collected biological signals of an alternate sensor of the set of sensors versus locally stored biological signals representing a prior reading by the alternate sensor of the set of sensors, thereby detection of an abnormality by the alternate sensor indicates that the detected abnormality is due to a sensor error;
determine, by the processor, whether the detected error in the collected biological signals of the current reading is due to environmental factors based on correlating the collected environmental data with the collected biological signal;
correct, by the processor, the determined error in the collected biological signals by prioritizing the detected abnormality based on the correlated collected biological signals and the collected environmental data; and
transmit, via an Internet of Things (IoT) secured gateway, the error corrected collected biological signals as encrypted data over a secure connection to a cloud system.
CLAIM 20
A method comprising:
detecting, by a medical hub device, an abnormality in collected biological signals based on comparing the collected biological signals of a current reading versus the locally stored biological signals representing a prior reading,
wherein the abnormality detection is executed for biological signals collected by all sensors in a set of sensors;
increasing, by the device, measurement frequency of the biological signals by the set of sensors based on the detected abnormality to determine whether the detected abnormality of the collected biological signal sensor reading with the increased frequency measurements is consistent across sequentially collected biological signals;
detecting, by the device, an error in the collected biological signals of the current reading with the increased frequency measurements based on comparing collected biological signals of an alternate sensor of the set of sensors versus locally stored biological signals representing a prior reading by the alternate sensor of the set of sensors, thereby detection of an abnormality by the alternate sensor indicates that the detected abnormality is due to a sensor error;
determining, by the device, whether the detected error in the collected biological signals of the current reading is due to environmental factors based on correlating the collected environmental data with the collected biological signal;
correcting, by the device, the determined error in the collected biological signals by prioritizing the detected abnormality based on the correlated collected biological signals and the collected environmental data; and
transmitting, via an Internet of Things (IoT) secured gateway, the error corrected collected biological signals as encrypted data over a secure connection.
CLAIM 18
A method comprising:
collecting, via a set of sensors, biological signals related to patient status, wherein the biological signals are collected on a continual basis;
collecting, via an environmental monitoring device, environmental data associated with patient environment and used for monitoring patient status, wherein the environmental data are collected on a continual basis;
storing, locally via a secure encrypted local database, the collected biological signals and the collected environmental data spanning over a period of time;
detecting, by a medical hub device, an abnormality in the collected biological signals based on comparing the collected biological signals of a current reading versus the locally stored biological signals representing a prior reading,
wherein the abnormality detection is executed for biological signals collected by all the sensors in the set of sensors;
increasing, by the device, measurement frequency of the biological signals by the set of sensors based on the detected abnormality to determine whether the detected abnormality of the collected biological signal sensor reading with the increased frequency measurements is consistent across sequentially collected biological signals;
detecting, by the device, an error in the collected biological signals of the current reading with the increased frequency measurements based on comparing collected biological signals of an alternate sensor of the set of sensors versus locally stored biological signals representing a prior reading by the alternate sensor of the set of sensors, thereby detection of an abnormality by the alternate sensor indicates that the detected abnormality is due to a sensor error;
determining, by the device, whether the detected error in the collected biological signals of the current reading is due to environmental factors based on correlating the collected environmental data with the collected biological signal;
correcting, by the device, the determined error in the collected biological signals by prioritizing the detected abnormality based on the correlated collected biological signals and the collected environmental data; and
transmitting, by the device, the error corrected collected biological signals as encrypted data over a secure connection to a cloud system.
CLAIM 1
an Internet of Things (IoT) secured gateway;
Conclusion
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Tomaszewski whose telephone number is (313)446-4863. The examiner can normally be reached M-F 5:30 am - 2:30 pm.
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, Peter H Choi can be reached at (469) 295-9171. 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.
/MICHAEL TOMASZEWSKI/Primary Examiner, Art Unit 3681
Prosecution Insights