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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/10/2026 and 08/28/2026 are being considered by the examiner.
Claim Objections
Claim 3 is objected to because of the following informalities:
Claim 3, lines 2 and 4, recite “analog-to-digital convertor chip” should read -- analog-to-digital converter chip --. Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) the abstract idea of a system and method for collecting, processing, and analyzing biometric data. This judicial exception is not integrated into a practical application because the generically recited processor elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a processor. The computing device and one or more hardware processors do not add meaningful limitations to the system as they are insignificant extra-solution activity. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the at least one sensor amounts to merely data gathering which amounts to pre-solution activity that is well-understood, routine, and conventional in manner.
Regarding claim 1, the limitations “receive transmitted biosignals from the communication terminal”, “receiving the transmitted biosignals from the communication terminal”, “processing the biosignals into a viewable representation of biometric data collected from the user, whereby the biometric data is compared to predefined parameters”, and “generating a visual representation of the biometric data”, are processes that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “a computing device” and “one or more hardware processes”, nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “a computing device communicatively coupled to the communication terminal” language, “one or more hardware processors” in the context of this claim encompasses the user manually analyzing and processing the biosignals from the sensor. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites one additional element – using a computer and processor to perform the determining, providing and selecting steps. The computer and processor in both steps are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of determining and selecting information based on a determined amount of use) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Simply displaying the data does not impose any meaningful limits on the abstract idea. The claim is directed to an abstract idea.
Thus, claim 1 does not amount to significantly more than the abstract idea since the recited additional elements, either alone or in combination, do not provide for an inventive concept.
Regarding claim 2, the claim refers to an additional element, “wherein the at least one sensor is selected from the group consisting of an electromyography sensor; an electrocardiography sensor; an electroencephalography sensor; a magnetomyography sensor; a mechanomyography sensor; a blood pressure sensor; a heart rate sensor; an accelerometer; and a gyroscope”. This additional element limitation does not integrate the abstract idea into a practical application. The sensor does not amount to significantly more than the judicial exception. Therefore, this limitation does not amount to integration of the abstract idea into a practical application under Step 2A, Prong 2 nor does it amount to significantly more than the abstract idea under step 2B
Regarding claim 3, the claim refers to an additional element, “wherein the communication terminal further includes a microprocessor and analog-to-digital convertor chip; and whereby firmware is flashed on the microprocessor to configure the analog-to-digital convertor chip to amplify the biosignals and convert the biosignals from analog to digital in a single chip”. This additional element limitation does not integrate the abstract idea into a practical application. The microprocessor and analog-to-digital convertor chip does not amount to significantly more than the judicial exception. Therefore, this limitation does not amount to integration of the abstract idea into a practical application under Step 2A, Prong 2 nor does it amount to significantly more than the abstract idea under step 2B.
Regarding claim 4, the claim refers to an additional element, “whereby the at least one sensor is fixed within a textile- based material having a first surface and a second surface; whereby the first surface is worn outward with respect to a user's body and the second surface is worn inward with respect to a user's body; and whereby the at least one sensor is fixed within the textile-based material along the same plane of the textile-based material such that a contact surface of the at least one sensor is aligned in parallel with the second surface of the textile-based material such that the contact surface is substantially exposed to make contact with a user's skin”. This additional element limitation does not integrate the abstract idea into a practical application. The textile-based material does not amount to significantly more than the judicial exception. Therefore, this limitation does not amount to integration of the abstract idea into a practical application under Step 2A, Prong 2 nor does it amount to significantly more than the abstract idea under step 2B.
Regarding claim 5, the claim refers to an additional element, “whereby the textile-based material is substantially planar and fashioned into a circumferential band”. This additional element limitation does not integrate the abstract idea into a practical application. The textile-based material does not amount to significantly more than the judicial exception. Therefore, this limitation does not amount to integration of the abstract idea into a practical application under Step 2A, Prong 2 nor does it amount to significantly more than the abstract idea under step 2B.
Regarding claim 6, the limitations “receiving and transmitting the measured biosignals”, “receiving the transmitted biosignals from the communication terminal”, “processing the biosignals into a viewable representation of biometric data collected from the user, whereby the biometric data is compared to predefined parameters”, and “generating a visual representation of the biometric data”, are processes that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “a computing device” and “one or more hardware processes”, nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “a computing device communicatively coupled to the communication terminal” language, “one or more hardware processors” in the context of this claim encompasses the user manually analyzing and processing the biosignals from the sensor. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites one additional element – using a computer and processor to perform the determining, providing and selecting steps. The computer and processor in both steps are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of determining and selecting information based on a determined amount of use) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Simply displaying the data does not impose any meaningful limits on the abstract idea. The claim is directed to an abstract idea.
Thus, claim 6 does not amount to significantly more than the abstract idea since the recited additional elements, either alone or in combination, do not provide for an inventive concept.
Regarding claim 7, the claim refers to additional details of the abstract idea such as “wherein the biometric data are collected within a time and frequency domain and are used to perform a plurality of calculations including intermuscular coherence, muscle activation ratio, co-contraction index, target-amplitude precision and accuracy, mean power frequency, average amplitude, signal envelope, data averaging, Fourier transformations, root mean square, signal burst, recruitment slope, peak frequency, and smoothed signal.”. This activity is performable in the human mind in a similar manner to that discussed with evaluation limitations of Claim 6. This amounts to a mental activity as an individual can mentally perform calculations on the data. See MPEP 2106.04(a)(2)(III). Therefore, this limitation does not amount to integration of the abstract idea into a practical application under Step 2A, Prong 2 nor do they amount to significantly more than the abstract idea under step 2B.
Regarding claim 8, the claim refers to additional details of the abstract idea such as “whereby the calculations are combined into a single representation of a user's progress in a rehabilitation process”. This activity is performable in the human mind in a similar manner to that discussed with evaluation limitations of Claim 6. This amounts to a mental activity as an individual can mentally perform calculations on the data. See MPEP 2106.04(a)(2)(III). Therefore, this limitation does not amount to integration of the abstract idea into a practical application under Step 2A, Prong 2 nor do they amount to significantly more than the abstract idea under step 2B.
Regarding claim 9, the claim refers to additional details of the abstract idea such as “whereby the viewable representation of biometric data includes muscular rehabilitative exercises and suggested muscular movements that are updated in real time by the computing device based on the biosignals received from the communication terminal”. This activity is performable in the human mind in a similar manner to that discussed with evaluation limitations of Claim 1. This amounts to a post-solution activity of displaying data which is well-known, routine and conventional. See MPEP 2106.04(a)(2)(III). Therefore, this limitation does not amount to integration of the abstract idea into a practical application under Step 2A, Prong 2 nor do they amount to significantly more than the abstract idea under step 2B.
Regarding claim 10, the claim refers to additional details of the abstract idea such as “wherein the biometric data are collected within a time and frequency domain and are used to perform a plurality of calculations including intermuscular coherence, muscle activation ratio, co-contraction index, target-amplitude precision and accuracy, mean power frequency, average amplitude, signal envelope, data averaging, Fourier transformations, root mean square, signal burst, recruitment slope, peak frequency, and smoothed signal.”. This activity is performable in the human mind in a similar manner to that discussed with evaluation limitations of Claim 6. This amounts to a mental activity as an individual can mentally perform calculations on the data. See MPEP 2106.04(a)(2)(III). Therefore, this limitation does not amount to integration of the abstract idea into a practical application under Step 2A, Prong 2 nor do they amount to significantly more than the abstract idea under step 2B.
Regarding claim 11, the claim refers to an additional element, “whereby the plurality of surface electromyography sensors is fixed within a textile-based material having a first surface and a second surface, whereby the first surface is worn outward with respect to a user and the second surface is worn inward with respect to a user; and whereby the plurality of surface electromyography sensors is fixed within the textile- based material such that a contact surface of the plurality of surface electromyography sensors is aligned in parallel with the second surface of the textile-based material such that the contact surface is substantially exposed to make contact with a user's skin”. This additional element limitation does not integrate the abstract idea into a practical application. The textile-based material does not amount to significantly more than the judicial exception. Therefore, this limitation does not amount to integration of the abstract idea into a practical application under Step 2A, Prong 2 nor does it amount to significantly more than the abstract idea under step 2B.
Regarding claim 12, the claim refers to an additional element, “whereby the textile-based material is substantially planar and fashioned into a circumferential band”. This additional element limitation does not integrate the abstract idea into a practical application. The textile-based material does not amount to significantly more than the judicial exception. Therefore, this limitation does not amount to integration of the abstract idea into a practical application under Step 2A, Prong 2 nor does it amount to significantly more than the abstract idea under step 2B.
Regarding claim 13, the limitations “transmitting the biosignals to a communication terminal for processing”, “whereby the biosignals are filtered to a frequency band”, “amplifying the biosignals and converting the biosignals to a communication terminal for processing”, “ transmitting the biosignals from the communication terminal to a computing device”, “comparing biosignal data from the communication terminal to predefined parameters”, “providing information to the user regarding muscular function with respect to predefined parameters” and suggesting rehabilitative therapies to the user, whereby the rehabilitative therapies may be updated based on incoming biosignal data”, are processes that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “fixing at least one sensor within a textile-based material”, and “a communication terminal for processing” nothing in the claim element precludes the step from practically being performed in the mind. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites one additional element – using a computer and processor to perform the determining, providing and selecting steps. The computer and processor in both steps are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of determining and selecting information based on a determined amount of use) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Simply displaying the data does not impose any meaningful limits on the abstract idea. The claim is directed to an abstract idea.
Thus, claim 13 does not amount to significantly more than the abstract idea since the recited additional elements, either alone or in combination, do not provide for an inventive concept.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, and 6 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Addison et al. (US 20180249932 A1) herein referred to as “Addison”.
Regarding claim 1, Addison discloses a system for collecting, processing, and analyzing biometric data, the system comprising: at least one sensor configured to be disposed on a measurement site on a user for measuring biosignals of the user (The sensor 14 may be a photoplethysmographic sensor, a temperature sensor, a respiration band, a blood pressure sensor, an ECG sensor, an EEG sensor, or a pulse transit time sensor, and so forth. For example, the sensor 14 may receive physiological signals obtained from the patient, Paragraph [0026]); a communication terminal communicatively coupled to the at least one sensor for receiving and transmitting the measured biosignals (the pulse oximeter patient monitor 12 (communication terminal) illustrated in Fig. 2 may include a sensor 14 coupled to the patient monitor 12 through network cable, Paragraph [0029]), a computing device communicatively coupled to the communication terminal configured to receive transmitted biosignals from the communication terminal (central management station 16, Paragraph [0026]), the computing device comprising: a memory; one or more hardware processors configured for: receiving the transmitted biosignals from the communication terminal (the central management station 16 (computing device may be configured to exchange biometric information from the sensor 14 to the monitor 12, and/or from the monitor 12 to the central management system 16, Paragraph [0026]); processing the biosignals into a viewable representation of biometric data collected from the user (the central monitoring system 16 may process and analyze the scalograms to determine biometric information of the patient, and visual method of displaying wavelet transform information, Paragraph [0027]), whereby the biometric data is compared to predefined parameters; and generating a visual representation of the biometric data (the biometric information derived from the patient may be compared to previously obtained patient identification information and cease operation and/or provide an alert, Paragraph [0027]).
Regarding claim 2, Addison discloses the system of claim 1, wherein the at least one sensor is selected from the group consisting of an electromyography sensor; an electrocardiography sensor; an electroencephalography sensor; a magnetomyography sensor; a mechanomyography sensor; a blood pressure sensor; a heart rate sensor; an accelerometer; and a gyroscope (The sensor 14 may be a photoplethysmographic sensor, a temperature sensor, a respiration band, a blood pressure sensor, an ECG sensor, an EEG sensor, or a pulse transit time sensor, and so forth. For example, the sensor 14 may receive physiological signals obtained from the patient, Paragraph [0026]).
Regarding claim 6, Addison discloses a system for collecting, processing, and analyzing biometric data, the system comprising: at plurality of surface electromyography sensors configured to be disposed on a measurement site on a user for measuring biosignals of the user (The sensor 14 may be a photoplethysmographic sensor, a temperature sensor, a respiration band, a blood pressure sensor, an ECG sensor, an EEG sensor, or a pulse transit time sensor, and so forth. For example, the sensor 14 may receive physiological signals obtained from the patient, Paragraph [0026]); a communication terminal communicatively coupled to the plurality of surface electromyography sensors for receiving and transmitting the measured biosignals, such that the biosignals are sent separately in parallel (the pulse oximeter patient monitor 12 (communication terminal) illustrated in Fig. 2 may include a sensor 14 coupled to the patient monitor 12 through network cable, Paragraph [0029], and multiple separate parallel, Paragraph [0033]); a computing device communicatively coupled to the communication terminal configured to receive transmitted biosignals from the communication terminal (central management station 16, Paragraph [0026]), the computing device comprising: a memory; one or more hardware processors configured for: receiving the transmitted biosignals from the communication terminal (the central management station 16 (computing device may be configured to exchange biometric information from the sensor 14 to the monitor 12, and/or from the monitor 12 to the central management system 16, Paragraph [0026]); determining which of the plurality of surface electromyography sensors each biosignal is attributable to (the central monitoring system 16 may process and analyze the scalograms to determine biometric information of the patient, and visual method of displaying wavelet transform information, Paragraph [0027]); processing the biosignals into viewable representation of biometric data collected from the user (the central monitoring system 16 may process and analyze the scalograms to determine biometric information of the patient, and visual method of displaying wavelet transform information, Paragraph [0027]), whereby the biometric data is compared to predefined parameters; and generating a visual representation of the biometric data (the biometric information derived from the patient may be compared to previously obtained patient identification information and cease operation and/or provide an alert, Paragraph [0027]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3-5, 9, and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Addison in view of Ang et al. (US 20180153430 A1) herein referred to as “Ang”.
Regarding claim 3, Addison discloses the system of claim 1.
Addison discloses wherein the communication terminal further includes a microprocessor and analog-to-digital convertor chip (an analog-to-digital converter 72, Paragraph [0033]).
However, Addison does not explicitly disclose whereby firmware is flashed on the microprocessor to configure the analog-to-digital convertor chip to amplify the biosignals and convert the biosignals from analog to digital in a single chip.
Ang discloses detecting body tissue signals (Abstract), and discloses whereby firmware is flashed on the microprocessor to configure the analog-to-digital convertor chip to amplify the biosignals and convert the biosignals from analog to digital in a single chip (firmware, Paragraph [0133]), analog-to-digital converters that convert analog signals that are captured by the electrodes processed by the analog components for delivery to the digital components for further digital processing, Paragraph [0114], and bio-feedback, Paragraph [0043]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Addison to incorporate the teachings of Ang by including whereby firmware is flashed on the microprocessor to configure the analog-to-digital convertor chip to amplify the biosignals and convert the biosignals from analog to digital in a single chip. The motivation to do so being to track body motions based on the processed bio-potential signals (Ang, Paragraph [0007]).
Regarding claim 4, Addison discloses the system of claim 1.
However, Addison does not explicitly disclose whereby the at least one sensor is fixed within a textile- based material having a first surface and a second surface; whereby the first surface is worn outward with respect to a user's body and the second surface is worn inward with respect to a user's body; and whereby the at least one sensor is fixed within the textile-based material along the same plane of the textile-based material such that a contact surface of the at least one sensor is aligned in parallel with the second surface of the textile-based material such that the contact surface is substantially exposed to make contact with a user's skin.
Ang discloses whereby the at least one sensor is fixed within a textile- based material having a first surface and a second surface (upper surface and inner surface, Paragraph [0009]); whereby the first surface is worn outward with respect to a user's body (upper surface of the wrist and a convex section to engage the outer side of the wrist, Paragraph [0009]) and the second surface is worn inward with respect to a user's body (inner surface will reliably detect electric potentials at the skin that are generated by known nerves in the wrist, Paragraph [0093]); and whereby the at least one sensor is fixed within the textile-based material along the same plane of the textile-based material such that a contact surface of the at least one sensor is aligned in parallel with the second surface of the textile-based material such that the contact surface is substantially exposed to make contact with a user's skin (the electrodes can be mounted directly in that material with a short section of the electrode projecting from the inner surface toward the skin, when the wrist device is put onto the wrist, the flexible resilient material urges the contact surfaces of the electrodes toward the skin to continuously provide good contact with the skin when motion of the wrist, Paragraph [0104], parallel to the length of the forearm with one electrode of the pair closer to the fingers than the other electrode of the pair, Paragraph [0096]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Addison to incorporate the teachings of Ang by including whereby the at least one sensor is fixed within a textile- based material having a first surface and a second surface; whereby the first surface is worn outward with respect to a user's body and the second surface is worn inward with respect to a user's body; and whereby the at least one sensor is fixed within the textile-based material along the same plane of the textile-based material such that a contact surface of the at least one sensor is aligned in parallel with the second surface of the textile-based material such that the contact surface is substantially exposed to make contact with a user's skin. The motivation to do so being to track body motions based on the processed bio-potential signals (Ang, Paragraph [0007]).
Regarding claim 5, Addison in view of Ang discloses the system of claim 4.
However, Addison does not explicitly disclose whereby the textile-based material is substantially planar and fashioned into a circumferential band.
Ang discloses whereby the textile-based material is substantially planar (a substantial range of applications involve interaction between user interface device (such as a wrist device) and features of applications such as smart glasses, Paragraph [0185], and OLED panel, Paragraph [0141]), and fashioned into a circumferential band (wearable items where the components (e.g. the electrode patches and transmitter) are packaged into straps, arm bands, watch bands, sweat bands, Paragraph [0213]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Addison to incorporate the teachings of Ang by including whereby the textile-based material is substantially planar and fashioned into a circumferential band. The motivation to do so being to track body motions based on the processed bio-potential signals (Ang, Paragraph [0007]).
Regarding claim 9, Addison in view of Ang discloses the system of claim 6.
However, Addison does not explicitly disclose whereby the viewable representation of biometric data includes muscular rehabilitative exercises and suggested muscular movements that are updated in real time by the computing device based on the biosignals received from the communication terminal.
Ang discloses whereby the viewable representation of biometric data includes muscular rehabilitative exercises (proper muscle recruitment and movement patterns to improve rehabilitation outcomes, Paragraph [0174]) and suggested muscular movements that are updated in real time by the computing device based on the biosignals received from the communication terminal (suggestions, Paragraph [0238], and update or modify an existing gesture, by enabling the user to update the action to be taken by the target app when the gesture is identified or to classify slightly different physical motions as representing the gesture, Paragraph [0147]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Addison to incorporate the teachings of Ang by including whereby the viewable representation of biometric data includes muscular rehabilitative exercises and suggested muscular movements that are updated in real time by the computing device based on the biosignals received from the communication terminal. The motivation to do so being to track body motions based on the processed bio-potential signals (Ang, Paragraph [0007]).
Regarding claim 11, Addison in view of Ang discloses the system of claim 6.
However, Addison does not explicitly disclose whereby the plurality of surface electromyography sensors is fixed within a textile-based material having a first surface and a second surface, whereby the first surface is worn outward with respect to a user and the second surface is worn inward with respect to a user; and whereby the plurality of surface electromyography sensors is fixed within the textile- based material such that a contact surface of the plurality of surface electromyography sensors is aligned in parallel with the second surface of the textile-based material such that the contact surface is substantially exposed to make contact with a user's skin.
Ang discloses whereby the plurality of surface electromyography sensors is fixed within a textile-based material having a first surface and a second surface (upper surface and inner surface, Paragraph [0009]), whereby the first surface is worn outward with respect to a user (upper surface of the wrist and a convex section to engage the outer side of the wrist, Paragraph [0009]) and the second surface is worn inward with respect to a user (inner surface will reliably detect electric potentials at the skin that are generated by known nerves in the wrist, Paragraph [0093]); and whereby the plurality of surface electromyography sensors is fixed within the textile- based material such that a contact surface of the plurality of surface electromyography sensors is aligned in parallel with the second surface of the textile-based material such that the contact surface is substantially exposed to make contact with a user's skin (the electrodes can be mounted directly in that material with a short section of the electrode projection from the inner surface toward the skin, when the wrist device is put onto the wrist, the flexible resilient material urges the contact surface of the electrodes toward the skin to continuously provide good contact with the skin when motion of the wrist, Paragraph [0104], parallel to the length of the forearm with one electrode of the pair closer to the fingers than the other electrode of the pair, Paragraph [0096]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Addison to incorporate the teachings of Ang by including whereby the plurality of surface electromyography sensors is fixed within a textile-based material having a first surface and a second surface, whereby the first surface is worn outward with respect to a user and the second surface is worn inward with respect to a user; and whereby the plurality of surface electromyography sensors is fixed within the textile- based material such that a contact surface of the plurality of surface electromyography sensors is aligned in parallel with the second surface of the textile-based material such that the contact surface is substantially exposed to make contact with a user's skin. The motivation to do so being to track body motions based on the processed bio-potential signals (Ang, Paragraph [0007]).
Regarding claim 12, Addison in view of Ang discloses the system of claim 11.
Addison discloses collecting electromyography signals (The sensor 14 may be a photoplethysmographic sensor, a temperature sensor, a respiration band, a blood pressure sensor, an ECG sensor, an EEG sensor, or a pulse transit time sensor, and so forth. For example, the sensor 14 may receive physiological signals obtained from the patient, Paragraph [0026]). However Addison does not explicitly disclose whereby the textile-based material is substantially planar and fashioned into a circumferential band.
Ang discloses whereby the textile-based material is substantially planar (a substantial range of applications involve inter action between user interface device (such as a wrist device) and features of applications such as smart glasses, Paragraph [0185], and OLED panel, Paragraph [0141]), and fashioned into a circumferential band (wearable items where the components (e.g. the electrode patches and transmitter) are packaged into straps, arm bands, watch bands, sweat bands, Paragraph [0213]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Addison to incorporate the teachings of Ang by including whereby the textile-based material is substantially planar and fashioned into a circumferential band. The motivation to do so being to track body motions based on the processed bio-potential signals (Ang, Paragraph [0007]).
Claim(s) 7, 8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Addison in view of Ang further in view of Schindhelm et al. (US 20150164375 A1) herein referred to as “Schindhelm”.
Regarding claim 7, Addison discloses the system of claim 6.
Addison discloses wherein the biometric data are collected within a time and frequency domain (dimensional model having time, characteristic frequency and magnitude, Paragraph [0053]).
However, Addison does not explicitly disclose wherein the biometric data are used to perform a plurality of calculations including intermuscular coherence, muscle activation ratio, co-contraction index, target-amplitude precision and accuracy, mean power frequency, average amplitude, signal envelope, data averaging, Fourier transformations, root mean square, signal burst, recruitment slope, peak frequency, and smoothed signal.
Ang discloses performing a plurality of calculations including intermuscular coherence, muscle activation ratio (emphasize the nerve bio-potentials and deemphasize the muscle bio potentials in processed bio-potential signals generated by the sensing circuitry Paragraph [0007]), co-contraction index (determine nerves associated with the contraction, Paragraph [0051]), target-amplitude precision and accuracy (determine each detector’s amplitude accuracy, Paragraph [0012]), mean power frequency (power frequency, Paragraph [0118]), average amplitude (thresholds of amplitude, Paragraph [0051]), signal envelope (the amplitude of the signal, Paragraph [0069]), data averaging (comparing one electrode with the average of all the electrodes around the wrist, Paragraph [0138]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Addison to incorporate the teachings of Ang by including a plurality of calculations including intermuscular coherence, muscle activation ratio, co-contraction index, target-amplitude precision and accuracy, mean power frequency, average amplitude, signal envelope, data averaging. The motivation to do so being to track body motions based on the processed bio-potential signals (Ang, Paragraph [0007]).
However Ang does not explicitly disclose a plurality of calculations including Fourier transformations, root mean square, signal burst, recruitment slope, peak frequency, and smoothed signal.
Schindhelm discloses treating respiratory disorders and for preventing respiratory disorders, and teach using Fourier transformations, root mean square (root mean square, Paragraph [0152]), signal burst (signal burst, Paragraph [0041]), recruitment slope (genioglossus recruitment, Paragraph [0041]), peak frequency (peak frequency, Paragraph [0252]), and smoothed signal (smoother signal, Paragraph [0178]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Addison in view of Ang to incorporate the teachings of Schindhelm by including a plurality of calculations including Fourier transformations, root mean square, signal burst, recruitment slope, peak frequency, and smoothed signal. The motivation to do so being to predict potential cardiopulmonary events such as ADHF events with a view to preventing or ameliorating such events (Schindhelm, Paragraph [0017]).
Regarding claim 8, Addison in view of Ang and Schindhelm discloses the system of claim 7.
However, Addison does not explicitly disclose whereby the calculations are combined into a single representation of a user's progress in a rehabilitation process.
Ang discloses whereby the calculations are combined into a single representation of a user's progress in a rehabilitation process (proper muscle recruitment and movement patterns to improve rehabilitation outcomes, Paragraph [0174]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Addison in view of Ang and Schindhelm to incorporate the teachings of Ang by including whereby the calculations are combined into a single representation of a user's progress in a rehabilitation process. The motivation to do so being to track body motions based on the processed bio-potential signals (Ang, Paragraph [0007]).
Regarding claim 10, Addison in view of Ang discloses the system of claim 9.
Addison discloses wherein the biometric data are collected within a time and frequency domain (dimensional model having time, characteristic frequency and magnitude, Paragraph [0053]).
However, Addison does not explicitly disclose wherein the biometric data are used to perform a plurality of calculations including intermuscular coherence, muscle activation ratio, co-contraction index, target-amplitude precision and accuracy, mean power frequency, average amplitude, signal envelope, data averaging, Fourier transformations, root mean square, signal burst, recruitment slope, peak frequency, and smoothed signal.
Ang discloses performing a plurality of calculations including intermuscular coherence, muscle activation ratio (emphasize the nerve bio-potentials and deemphasize the muscle bio potentials in processed bio-potential signals generated by the sensing circuitry Paragraph [0007]), co-contraction index (determine nerves associated with the contraction, Paragraph [0051]), target-amplitude precision and accuracy (determine each detector’s amplitude accuracy, Paragraph [0012]), mean power frequency (power frequency, Paragraph [0118]), average amplitude (thresholds of amplitude, Paragraph [0051]), signal envelope (the amplitude of the signal, Paragraph [0069]), data averaging (comparing one electrode with the average of all the electrodes around the wrist, Paragraph [0138]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Addison to incorporate the teachings of Ang by including a plurality of calculations including intermuscular coherence, muscle activation ratio, co-contraction index, target-amplitude precision and accuracy, mean power frequency, average amplitude, signal envelope, data averaging. The motivation to do so being to track body motions based on the processed bio-potential signals (Ang, Paragraph [0007]).
However Ang does not explicitly disclose a plurality of calculations including Fourier transformations, root mean square, signal burst, recruitment slope, peak frequency, and smoothed signal.
Schindhelm discloses treating respiratory disorders and for preventing respiratory disorders, and teach using Fourier transformations, root mean square (root mean square, Paragraph [0152]), signal burst (signal burst, Paragraph [0041]), recruitment slope (genioglossus recruitment, Paragraph [0041]), peak frequency (peak frequency, Paragraph [0252]), and smoothed signal (smoother signal, Paragraph [0178]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Addison in view of Ang to incorporate the teachings of Schindhelm by including a plurality of calculations including Fourier transformations, root mean square, signal burst, recruitment slope, peak frequency, and smoothed signal. The motivation to do so being to predict potential cardiopulmonary events such as ADHF events with a view to preventing or ameliorating such events (Schindhelm, Paragraph [0017]).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ang further in view of Tran et al. (US 20160140834 A1) herein referred to as “Tran”.
Regarding claim 13, Ang discloses a method of neuro-muscular rehabilitation comprising the steps of: fixing at least one sensor within a textile-based material, wherein a contact surface of the sensor is exposed from the textile-based material (upper surface and inner surface, Paragraph [0009], upper surface of the wrist and a convex section to engage the outer side of the wrist, Paragraph [0009], and inner surface will reliably detect electric potentials at the skin that are generated by known nerves in the wrist, Paragraph [0093]); placing the textile-based material on a user such that the contact surface of the sensor makes sufficient contact with a user's skin to collect and transmit biosignals (the electrodes can be mounted directly in that material with a short section of the electrode projecting from the inner surface toward the skin, when the wrist device is put onto the wrist, the flexible resilient material urges the contact surfaces of the electrodes toward the skin to continuously provide good contact with the skin when motion of the wrist, Paragraph [0104], parallel to the length of the forearm with one electrode of the pair closer to the fingers than the other electrode of the pair, Paragraph [0096]); amplifying the biosignals and converting the biosignals from analog to digital in a single chip package (firmware, Paragraph [0133], analog-to-digital converters that convert analog signals that are captured by the electrodes processed by the analog components for delivery to the digital components for further digital processing, Paragraph [0114], and bio-feedback, Paragraph [0043]); transmitting the biosignals from the communication terminal to a computing device (the client device is capable of receiving information from the sensor hub, Paragraph [0227]); comparing biosignal data from the communication terminal to predefined parameters (compares sensor measurements from the detected signal to data from other sensors in the multi-sensor set, Paragraph [0227]); providing information to the user regarding muscular function with respect to predefined parameters (process to extract features from data values and produce characterizations about gestures or intent or muscle contractions, Paragraph [0009]); and suggesting rehabilitative therapies to the user, whereby the rehabilitative therapies may be updated based on incoming biosignal data (suggestions, Paragraph [0238], and update or modify an existing gesture, by enabling the user to update the action to be taken by the target app when the gesture is identified or to classify slightly different physical motions as representing the gesture, Paragraph [0147]).
However, Ang does not explicitly disclose transmitting the biosignals to a communication terminal for processing, whereby the biosignals are filtered to a frequency band in a range of 0.05Hz to 20,000Hz.
Tran discloses detecting activities of a mobile object (Abstract) and teaches transmitting the biosignals to a communication terminal for processing (transmit heart sound, Paragraph [0014]), whereby the biosignals are filtered to a frequency band in a range of 0.05Hz to 20,000Hz (patient’s breathing between 0.05 Hz and 2.0 Hz, inclusive) and heartbeat (between 0.5Hz and 10 Hz, inclusive), Paragraph [0220]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Ang to incorporate the teachings of Tran by including transmitting the biosignals to a communication terminal for processing, whereby the biosignals are filtered to a frequency band in a range of 0.05Hz to 20,000Hz. The motivation to do so being to request assistance if the processor detects a fall by the mobile patient (Tran, Paragraph [0006]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee et al. (US 20160070245 A1) discloses a device to detect and analyze biosignals, and Yoon (US 20160113589 A1) discloses a biosignal processing method and apparatus.
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/D.S./Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
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