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 .
DETAILED ACTION
Status of Claims
The present Office Action is pursuant to Applicant’s communication on 06-09-2025; current application filed on 06-09-2025; This application is a 371 of PCT/US2023/083791 12-13-2023; this application has Provisional application No. 63/432,487, filed on Dec. 14, 2022.
Examiner’s Note
The rejections below group claims that may not be identical, but whose language and scope are so substantively similar as to lend themselves to grouping, in the interests of clarity and conciseness.
Information Disclosure Statement
The information disclosure statements (IDS) filed on 06-09-2025, have been acknowledged. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-4, 6-19, 21-23, 25-26 and 28-29 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more.
Step 1: Statutory CategoryClaims 1 and 22 are directed to a system and a method, respectively, which fall within the statutory categories of "machine" and "process" under 35 U.S.C. § 101. The claims recite tangible components (memory, display device, transceiver, processor) and method steps for data collection and analysis.
Step 2A Prong 1: Judicial Exception (Abstract Idea)The claims are directed to the abstract idea of collecting, analyzing, and displaying data to assess a subject's health status. This falls under the "mental processes" grouping of judicial exceptions, as the core concept involves observing physiological/behavioral characteristics, processing them through algorithms, and determining a health indication—a concept that can be performed in the human mind or with pen and paper.
Claim 1 recites: "determine at least a first indication of the subject's health based, at least in part, on the one or more characteristics corresponding to the subject"
Specification discloses that the system relies on algorithmic analysis of collected data to interpret health status. [0035]: "The data collected by the bed and the associated data collection ecosystem may be analyzed/processed using one or more algorithms developed for interpretation of the health-related data."
Step 2A Prong 2: Integration into a Practical ApplicationThe additional elements (memory, display device, transceiver, sensors, processor) are recited at a high level of generality and merely serve as conventional tools to implement the abstract idea. They do not improve the functioning of the computer itself, nor do they apply the abstract idea in a specific technological field beyond using generic computing components to collect and display data.
Claim 1 recites: "a memory; a display device; a transceiver... a processor"
Specification discloses that these are standard hardware components used for general data processing and output. [0087]: "The hardware configuration 400 can include a processor 410, a memory 420, a storage device 430, and/or an input/output device 440."
Step 2B: Inventive ConceptThe claims do not recite an inventive concept. The elements are conventional, well-understood, routine, and generic in the field of health monitoring and data processing. Using a transceiver to receive sensor data, a processor to execute algorithms, and a display to output results represents standard practice. No unconventional arrangement, specific technical improvement, or non-routine implementation is claimed.
Specification discloses that data processing may occur on conventional local devices or remotely via standard networking/cloud infrastructure. [0035]: "Some data processing may occur on the device and other processing may occur remotely such as on a server or in the cloud."
Dependent Claims (Claims 2–4, 6-19, 21, 23, 25-26 and 28–29)
The dependent claims further limit the independent claims by specifying sensor types (e.g., load cells, RFID, audio/video), data characteristics (e.g., weight, temperature, sounds, behaviors), subject types (human/animal), and environmental features (e.g., reposing surface, heating/cooling elements). However, these limitations merely define the type of data collected or the physical context in which the abstract idea is applied. They do not integrate the judicial exception into a practical application nor provide an inventive concept. Monitoring weight via load cells, detecting vocalizations via microphones, or tracking presence via proximity beacons are conventional techniques in health and pet monitoring devices. The claims remain directed to the same abstract idea of collecting and analyzing data to assess health.
Claim 6 recites: "wherein the subject is at least one of: an animal, or a human, and at least one of the one or more sensors is a load cell."
Specification discloses that weight measurement via load cells is a standard health metric used in such systems. [0040]: "Load cell 106 are devices that may be utilized in measuring the weight of an object, person, dog, cat, subject, etc."
Claim 18 recites: "wherein the processor is configured such that the first indication of the subject's health is at least one of: a weight gain over time, a weight loss over time... a respiratory alert... a seizure alert..."
Specification discloses that these are routine health indicators derived from standard sensor data. [0069]: "Examples of information reported/processed by one or more algorithms may include alerts for weight gain/loss over time, respiratory alert... heart rate alert... and/or seizure alert, etc."
Claim 28 recites: "further comprising one or both of a heating element and a cooling element."
Specification discloses that environmental comfort features are conventional additions to monitoring beds. [0070]: "Other features may include heating, cooling... to provide a comfortable environment for the subject."
Conclusion: Claims 1-4, 6-19, 21-23, 25-26 and 28-29 are rejected under 35 U.S.C. § 101 as directed to non-statutory subject matter. The claims recite an abstract idea (collecting and analyzing data to assess health) without integrating it into a practical application or providing an inventive concept, as the additional elements are generic, conventional components performing routine functions.
Thus, taken alone, the additional elements do not amount to significantly more than the abstract idea identified above. Furthermore, looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually, and there is no indication that the combination of elements improves the functioning of a computer or improves any other technology, and their collective functions merely provide conventional computer implementation.
Therefore, whether taken individually or as an ordered combination, claim(s) 1-4, 6-19, 21-23, 25-26 and 28-29 is/are nonetheless rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective 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.
Claims 1-4, 6-16 and 28 are rejected under 35 U.S.C. § 103 as being unpatentable over Nichol (US 2022/0061765 A1) in view of Donavon (US 2016/0012748 A1, hereinafter Donavon (2016).
1. A system for assessing a subject's health based on health-related information, the system comprising:
a memory;
a display device;
a transceiver, the transceiver being in communication with one or more sensors, the one or more sensors
configured to capture one or more characteristics corresponding to the subject; and
a processor, the processor configured at least to:
receive one or more characteristics corresponding to the subject via the transceiver;
determine at least a first indication of the subject's health based, at least in part, on the one or more characteristics corresponding to the subject; and provide a visual representation of the first indication of
the subject's health via the display device.
Nichol discloses a smart animal bed system comprising a base with a padded animal bed, at least one sensor for providing sensor signals indicative of a condition of the animal, and a temperature control system operated by a controller. [0003]: "a smart animal bed system comprises a base having a padded animal bed; at least one sensor for providing sensor signals indicative of a condition of the animal within the padded animal bed; and a temperature control system having a heating mode and a cooling mode operated by a controller, the temperature control system configured to selectively provide heating or cooling to the padded animal bed based at least in part on the sensor signals."
Nichol discloses a processor/controller that receives sensor signals and ascertains the animal's condition. [0007]: "the controller may ascertain a condition of the animal based on the sensor signals and may control the temperature of the padded animal bed based on the condition. The condition may include respiration rate, heart rate, resting or inactivity time, crying, temperature, restlessness, nervousness, and/or other conditions."
Nichol discloses a transceiver/communication system in communication with the sensors. [0007]: "the controller may be separate from the base having the padded animal bed (e.g., a cloud-based controller) with the controller receiving the sensor signals over a communication system (e.g., which may include the Internet) and providing control signals to the temperature control system over the communication system."
Nichol discloses sensors configured to capture characteristics of the subject (animal). [0048]: "the sensor 505 provides a fluctuating charge in response to movement-induced flexing via the piezoelectric effect. This fluctuation can be processed to extract such things as respiration and heart rate information, restlessness (e.g., sleep problems and nightmares), nervousness (e.g., shivering/shaking during a thunderstorm), etc. Further, a plurality load cells 602 are positioned between the base 502 and the surface upon which it rests. These load cells 602 experience a change in resistance with strain. As per standard practice, a Wheatstone bridge converts these changes in resistance to voltage signals that are analyzed to assess weight of the animal any time the bed is in use."
Nichol discloses a platform with databases (memory) and a GUI (display device) for visual representation. [0030]: "A plurality of platform 101 databases and data facilities may be included within and/or associated with the platform 101. Such platform data may include, but is not limited to, animal data, event data, smart device data, historical data, population data, guideline data, or some other type of data." [0036]: "a user may open the platform application that is operably connected to the platform 101 and, within the GUI, view the smart animal devices that are connected to the platform."
However, Nichol does not explicitly disclose a dedicated memory module and display device as integral components of the system in the manner recited in Claim 1, nor does it explicitly disclose the processor being configured to "provide a visual representation of the first indication of the subject's health via the display device" as a discrete, on-device output.
Donavon (2016) discloses a system with an explicit memory, display device, transceiver, and processor configured to receive sensor data, determine a health indication, and provide a visual representation. [0077]: "Such storage devices may include, for example, memory devices, data storage devices and a combination thereof such as memory chips, semiconductor memories, Integrated Circuits (IC's), non-volatile memories or storage device such as flash memories, Read Only Memories (ROMs)…" [0088]: "Mobile device 4000 also comprises display module 4060 coupled to processor module 4020 and configured to present one or more user interfaces for the operation of mobile device 4000. Processor module 4020 is also coupled to communications module 4080, which can be configured to establish connection 6100 (FIG. 3) via one or more of the wireless standards described above." [0094]: "activity information regarding the animal, as detected by the various devices 60, are conveyed to the user via the mobile device 4000. As shown, the activity information may include eating/drinking activity 90121, litter box/elimination activity 90122, and/or physical activity/resting details 90123." [0035]: "The data is analyzed using various algorithms, formulas, and calculations which, in essence, codify fundamental expert knowledge and applied science and research regarding health, nutrition, and wellness characteristics of animals, as well as predictive analytics, to create a system that is capable of continuously screening the new data and comparing it to historically derived data. In this way, important and meaningful outcomes, insights, and predictions can be identified and communicated to the relevant individuals."
Before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the explicit memory, display device, and visual representation architecture of Donavon into the smart animal bed system of Nichol, because both references are directed to animal health monitoring and the combination would provide a more complete and user-accessible health assessment system. The motivation to combine is that Nichol's platform already contemplates a GUI and databases, and Donavon provides a well-known implementation of those elements as discrete, on-device components.
2. The system of claim 1, further comprising at least one reposing surface on which the subject reposes for at least some time on a daily basis.
Nichol discloses a padded animal bed as the reposing surface. [0003]: "a smart animal bed system comprises a base having a padded animal bed." [0046]: "A smart animal bed 501 having a temperature control unit and sensors is shown in FIG. 5. This bed 501 consists of a base 502, an arrangement of walls 503 to which padding is affixed 506, a thermally conductive gel-padded surface 504, into which a film-type piezoelectric sensor 505 is integrated." The bed is designed for the animal to rest upon, and the system monitors "resting or inactivity time" [0007], confirming daily reposing.
3. The system of claim 1, wherein at least one of the one or more sensors are disposed in at least one of: physical contact with the reposing surface, proximate to the reposing surface, or within a line of sight of the reposing surface.
Nichol discloses sensors in physical contact with and integrated into the reposing surface. [0046]: "a thermally conductive gel-padded surface 504, into which a film-type piezoelectric sensor 505 is integrated." [0048]: "a plurality load cells 602 are positioned between the base 502 and the surface upon which it rests." The piezoelectric sensor is physically embedded in the bed surface, and the load cells are in physical contact with the base of the bed.
4. The system of claim 1, wherein the transceiver is configured to communicate with the one or more sensors via at least one of: wired communication, or wireless communication.
Nichol discloses both wired and wireless communication between the controller and the sensors. [0007]: "the controller may be separate from the base having the padded animal bed (e.g., a cloud-based controller) with the controller receiving the sensor signals over a communication system (e.g., which may include the Internet) and providing control signals to the temperature control system over the communication system." [0032]: "The platform 101 may be further associated with other devices, such as wearable devices, mobile computing devices, or some other device type, and such devices may receive real time reporting and/or summary reports and alerts regarding animal behaviors and/or smart animal device data."
6. The system of claim 1, wherein the subject is at least one of: an animal, or a human, and at least one of the one or more sensors is a load cell.
Nichol discloses a system for an animal (pet) with load cells as sensors. [0048]: "a plurality load cells 602 are positioned between the base 502 and the surface upon which it rests. These load cells 602 experience a change in resistance with strain. As per standard practice, a Wheatstone bridge converts these changes in resistance to voltage signals that are analyzed to assess weight of the animal any time the bed is in use." [0003]: "a smart animal bed system comprises a base having a padded animal bed; at least one sensor for providing sensor signals indicative of a condition of the animal within the padded animal bed."
7. The system of claim 1, wherein the one or more characteristics corresponding to the subject comprise: a physical parameter corresponding to the subject, an image corresponding to the subject, an identification corresponding to the subject, a sound to the subject, a motion corresponding to the subject, a location corresponding to the subject, and a manually input observation corresponding to the subject.
Nichol discloses the smart animal bed with sensors capturing movement, vital signs, and weight, as set forth above.
However, Nichol does not explicitly enumerate the full breadth of "characteristics" recited in Claims 7–16 (e.g., image, identification, sound, activity, behavior, motion, location, manually input observation, and their sub-elements).
Donavon (2016) discloses a comprehensive set of animal data characteristics and their sub-categories. [0043]: "Representative health parameters of the animal may include, for example, age; sex; gender; species or breed; body weight; body mass index (BMI); body composition; body condition score; body temperature; gait force; reproductive aspects…; skin and coat condition; UV exposure; cardiovascular system (e.g., heart rate); respiratory system (e.g., respiration rate); gastrointestinal and kidney functions (e.g., fecal composition, urine chemistry, etc.); vision, cognitive health; combinations thereof; and the like." [0045]: "Representative behavior parameters of the animal may include, for example, activity profiles (e.g., calories burned, steps or distance traveled, intensity levels, changes in elevation, and time of day information); elimination activity including frequency, amount, and time of day information; vocalization (e.g., barking, meowing, and other sounds that can indicate animal dispositions); combinations thereof; and the like." [0046]: "Representative environmental parameters of the animal may include, for example, weather information (e.g., air temperature, humidity, heat index, precipitation, etc.); location coordinates of animal; location coordinates of food/water/waste container/sleeping or resting locations/etc.; presence or absence of owner/caretaker at the location; presence or absence of children/elderly at the location; combinations thereof; and the like." [0047]: "exemplary animal data may include, for example, any observable measure of the health or physical state of an animal determined by various means, and may be quantitative or qualitative, such as a weight of an animal, a weight of a waste deposited by an animal in a waste container, a body temperature of an animal… a video or a picture or plurality thereof of an animal… a voice recording for the duration of animal's presence inside a waste container, a result of chemical, biological or biochemical analysis, the daily frequency with which presence of the animal is detected…"
Donavon further discloses manually input observations and identification via multiple means. [0066]: "The data may be derived from qualitative observations by animal owners/caretakers or periodic veterinary examinations. This may include observed and recorded changes in weight, activity, food and/or water consumption, elimination frequency and consistency, and the like, as compared to prior observations and recordation of the same." [0061]: "using facial recognition as a way to identify which animal is using a device (who is eating/drinking, using the scale, using the litter box, etc.), GPS or other location-monitoring technologies to pinpoint location of the animal (e.g., in/out of house, etc.)."
Before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to incorporate the comprehensive data categories of Donavon into the smart bed system of Nichol, because both are directed to animal health monitoring and the combination would provide a more complete health assessment. The motivation is that Nichol's platform already contemplates "animal data, event data, smart device data, historical data, population data, guideline data" [0030], and Donavon provides the specific taxonomy of those data types.
8. The system of claim 7, wherein the physical parameter corresponding to the subject comprises: a temperature corresponding to the subject, a weight corresponding to the subject, a breathing rate corresponding to the subject, or a heart rate corresponding to the subject, moisture detectable on a reposing surface corresponding to the subject, urine detectable on the reposing surface corresponding to the subject, feces detectable on the reposing surface corresponding to the subject, vomit detectable on a reposing surface corresponding to the subject, blood detectable on a reposing surface corresponding to the subject, saliva detectable on a reposing surface corresponding to the subject, a body shape corresponding to the subject, a body fat index corresponding to the subject, and a body condition score assessment corresponding to the subject.
Claim 8 (physical parameter: temperature, weight, breathing rate, heart rate, moisture, urine, feces, vomit, blood, saliva, body shape, BFI, BCS):
Donavon [0043]: "body weight; body mass index (BMI); body composition; body condition score; body temperature…; cardiovascular system (e.g., heart rate); respiratory system (e.g., respiration rate); gastrointestinal and kidney functions (e.g., fecal composition, urine chemistry, etc.)";
Nichol [0048]: "respiration and heart rate information… weight of the animal."
Before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to incorporate the comprehensive data categories of Donavon into the smart bed system of Nichol, because both are directed to animal health monitoring and the combination would provide a more complete health assessment. The motivation is that Nichol's platform already contemplates "animal data, event data, smart device data, historical data, population data, guideline data" [0030], and Donavon provides the specific taxonomy of those data types.
9. The system of claim 7, wherein the image corresponding to the subject comprises one of more of: a video recording corresponding to the subject, or one or more still image frames corresponding to the subject.
Claim 9 (image: video recording or still image frames):
Donavon [0047]: "a video or a picture or plurality thereof of an animal, a video or a picture or plurality thereof of an animal body parts such as a face, an eye, eyes, parts of a skin, a paws."
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to incorporate the comprehensive data categories of Donavon into the smart bed system of Nichol, because both are directed to animal health monitoring and the combination would provide a more complete health assessment. The motivation is that Nichol's platform already contemplates "animal data, event data, smart device data, historical data, population data, guideline data" [0030], and Donavon provides the specific taxonomy of those data types.
10. The system of claim 7, wherein the sound correspond- ing to the subject comprises one or more of: a gastrointestinal sound corresponding to the subject, a vocal sound corresponding to the subject, a pulmonary sound corresponding to the subject, respiratory sound emission corre- sponding to the subject, or environmental sound corresponding to the subject, a chewing sound corresponding to the subject, a tearing sound corresponding to the subject, a growling sound corresponding to the subject, a purring sound corresponding to the subject, a meowing sound corresponding to the subject, a hissing sound corresponding to the subject, a whining sound corresponding to the subject, a whimpering sound corresponding to the subject, a hairball-related sound corresponding to the subject, a vomiting sound corresponding to the subject barking, a burping sound corresponding to the subject, a gas sound corresponding to the subject, a bowel sound corresponding to the subject, or a social interaction-based sound corresponding to the subject.
Claim 10 (sound: GI, vocal, pulmonary, respiratory, environmental, chewing, tearing, growling, purring, meowing, hissing, whining, whimpering, hairball, vomiting, barking, burping, gas, bowel, social interaction):
Donavon [0045]: "vocalization (e.g., barking, meowing, and other sounds that can indicate animal dispositions)"; [0059]: "increased water intake; increases or decreases in body weight… may be indicative of diabetes."
Before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to incorporate the comprehensive data categories of Donavon into the smart bed system of Nichol, because both are directed to animal health monitoring and the combination would provide a more complete health assessment. The motivation is that Nichol's platform already contemplates "animal data, event data, smart device data, historical data, population data, guideline data" [0030], and Donavon provides the specific taxonomy of those data types.
11. The system of claim 7, wherein the activity corre- sponding to the subject comprises one of more of: a social interaction corresponding to the subject, a sleeping event corresponding to the subject, a resting event corresponding to the subject, an exercise event corresponding to the subject, or medical event corresponding to the subject.
Claim 11 (activity: social interaction, sleeping, resting, exercise, medical event):
Donavon [0045]: "activity profiles (e.g., calories burned, steps or distance traveled, intensity levels, changes in elevation, and time of day information)"; Nichol [0007]: "resting or inactivity time."
Before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to incorporate the comprehensive data categories of Donavon into the smart bed system of Nichol, because both are directed to animal health monitoring and the combination would provide a more complete health assessment. The motivation is that Nichol's platform already contemplates "animal data, event data, smart device data, historical data, population data, guideline data" [0030], and Donavon provides the specific taxonomy of those data types.
12. The system of claim 7, wherein the behavior corresponding to the subject comprises one or more of: an indication of anxiety corresponding to the subject, a demonstration of anger corresponding to the subject, an indication of happiness corresponding to the subject, an indication of apprehension corresponding to the subject, or an indication of illness corresponding to the subject.
Claim 12 (behavior: anxiety, anger, happiness, apprehension, illness):
Donavon [0059]: "changes in activity; number of steps (e.g., pacing); heart rate; increased water intake and decreased food intake; vocalization (e.g., whining); and combinations thereof, may be indicative or otherwise informative of anxiety, stress, or boredom in the animal."
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to incorporate the comprehensive data categories of Donavon into the smart bed system of Nichol, because both are directed to animal health monitoring and the combination would provide a more complete health assessment. The motivation is that Nichol's platform already contemplates "animal data, event data, smart device data, historical data, population data, guideline data" [0030], and Donavon provides the specific taxonomy of those data types.
13. The system of claim 7, wherein the motion corresponding to the subject comprises one or more of: a scratching motion corresponding to the subject, a heavy-breathing motion corresponding to the subject, a limping motion corresponding to the subject, a running motion corresponding to the subject, or a jumping motion corresponding to the subject.
Claim 13 (motion: scratching, heavy-breathing, limping, running, jumping):
Donavon [0055]: "speed and changes in speed over time that can indicate stiffness or joint/mobility issues."
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to incorporate the comprehensive data categories of Donavon into the smart bed system of Nichol, because both are directed to animal health monitoring and the combination would provide a more complete health assessment. The motivation is that Nichol's platform already contemplates "animal data, event data, smart device data, historical data, population data, guideline data" [0030], and Donavon provides the specific taxonomy of those data types.
14. The system of claim 7, wherein the identification corresponding to the subject comprises one or more of: a radio frequency identification (RFID) corresponding to the subject, a barcode identification corresponding to the subject, or a two-dimensional barcode corresponding to the subject, an identification based on one or more physiological measurements corresponding to the subject, an identification based on a wearable device, an identification based on an implanted device, an identification based on an injected device, an identification based on one or more audio signals corresponding to the subject, an identification based on one or more images corresponding to the subject, an identification based on an identity of the reposing surface, or an identification based on at least one of: a weight correspond- ing to the subject, a temperature corresponding to the subject, a heart rate corresponding to the subject, a respiration rate corresponding to the subject, a pattern of movement corresponding to the subject, or a time of day.
Claim 14 (identification: RFID, barcode, 2D barcode, physiological measurements, wearable, implanted, injected, audio, images, reposing surface identity, weight, temperature, heart rate, respiration rate, pattern of movement, time of day):
Donavon [0061]: "using facial recognition as a way to identify which animal is using a device… GPS or other location-monitoring technologies to pinpoint location of the animal."; Nichol [0044]: "a smart animal collar may include identifiers, including but not limited to an RFID tag, that may be read by the smart animal devices and/or platform 101."
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to incorporate the comprehensive data categories of Donavon into the smart bed system of Nichol, because both are directed to animal health monitoring and the combination would provide a more complete health assessment. The motivation is that Nichol's platform already contemplates "animal data, event data, smart device data, historical data, population data, guideline data" [0030], and Donavon provides the specific taxonomy of those data types.
15. The system of claim 7, wherein the manually input observation corresponding to the subject comprises one or more of: a medical diagnosis corresponding to the subject, an observation provided via a telemedicine session, a physical therapist evaluation corresponding to the subject, an untrained-observer observation corresponding to the subject, a dietary record corresponding to the subject, or a medication record corresponding to the subject.
Claim 15 (manually input observation: medical diagnosis, telemedicine, physical therapist evaluation, untrained-observer observation, dietary record, medication record):
Donavon [0066]: "The data may be derived from qualitative observations by animal owners/caretakers or periodic veterinary examinations."
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to incorporate the comprehensive data categories of Donavon into the smart bed system of Nichol, because both are directed to animal health monitoring and the combination would provide a more complete health assessment. The motivation is that Nichol's platform already contemplates "animal data, event data, smart device data, historical data, population data, guideline data" [0030], and Donavon provides the specific taxonomy of those data types.
16. The system of claim 7, wherein the location corre- sponding to the subject comprises one or more of: a geography corresponding to the subject, a region corresponding to the subject, global positioning system (GPS) coordinates corresponding to the subject, a housing area corresponding to the subject, a room of a housing area corresponding to the subject, a region of a housing area corresponding to the subject, a determination of at least one of: an indoor location corresponding to the subject or an outdoor location corresponding to the subject, or a primary residential neighbor- hood corresponding to the subject.
Claim 16 (location: geography, region, GPS, housing area, room, indoor/outdoor, neighborhood): Donavon [0046]: "location coordinates of animal; location coordinates of food/water/waste container/sleeping or resting locations/etc."; [0061]: "GPS or other location-monitoring technologies to pinpoint location of the animal (e.g., in/out of house, etc.)."
28. The system of claim 1, further comprising one or both of a heating element and a cooling element.
Nichol discloses a temperature control system with both heating and cooling. [0003]: "a temperature control system having a heating mode and a cooling mode operated by a controller, the temperature control system configured to selectively provide heating or cooling to the padded animal bed based at least in part on the sensor signals." [0005]: "the temperature control system may include a thermally conductive gel-padded surface coupled to a heat sink… Current flow through the thermoelectric heat pump devices in a first direction may provide cooling and current flow through the thermoelectric heat pump devices in a reverse direction may provide heating such that the controller may be configured to switch between the heating mode and the cooling mode by switching the current flow direction." [0047]: "Owing to the symmetric nature of the Peltier effect, providing heat to the gel pad is accomplished simply by reversing current flow through the Peltier thermoelectric devices 605."
Claims 17-19 are rejected under 35 U.S.C. § 103 as being unpatentable over Nichol in view of Donavan (2016) and further in view of Donavon (US 2023/0061071 A1), hereinafter Donavon (2023).
17. The system of claim 1, wherein to determine the at least first indication of the subject's health, the processor is further configured to: select at least one of the one or more characteristics corresponding to the subject; process the at least one characteristic through one or more algorithms corresponding to the at least first indication of the subject's health; and determine the at least first indication of the subject's heath based, at least in part, on the one or more algorithms.
Nichol discloses a controller that ascertains the animal's condition from sensor signals [0007], but does not explicitly disclose the multi-step algorithmic process of selecting a characteristic, processing it through one or more algorithms, and determining the health indication based on the algorithms.
Donavon (2023) discloses a method of classifying animal behavior using machine learning classifiers, including selecting features, processing them through classifiers, and identifying changes. [0018]: "The method can further include recognizing an animal behavior property associated with an animal if it is determined based on load data that the interaction with the contained litter was due to the animal interaction. The method can further include classifying the animal behavior property into an animal classified event using a machine learning classifier. The method can further include identifying a change in the animal classified event as compared to a previously recorded event associated with the animal." [0062]: "The features that are developed may be used to classify behaviors using one or more machine learning classifiers… The classified behaviors can include a label indicating the type of behavior and/or a confidence metric indicating the likelihood that the label is correct. The machine learning classifiers can be trained on a variety of training data indicating animal behaviors and ground truth labels with the features as inputs." [0064]: "A notification 824 can be transmitted, which may include notification related to indicating the animal's behavior can be generated based on the categorized event and/or historical event for the animal."
Claim 17 – "select at least one of the one or more characteristics; process the at least one characteristic through one or more algorithms; determine the at least first indication based on the one or more algorithms"
Donavon (2023) [0061]: "features 818 can be selected, such as from the phase data, the time domain features, and/or the frequency domain features for individual load sensor and/or or all load sensors. In some embodiments, features 820 can be classified, such as by the use of a machine learning classifier." [0062]: "The selected features can be used as inputs to machine learning classifiers to classify the behaviors. The classified behaviors can include a label indicating the type of behavior and/or a confidence metric indicating the likelihood that the label is correct."
Before the effective filing date of the claimed invention it would have been obvious to combine the algorithmic classification approach of Donavon (2023) with the smart bed of Nichol, because both are directed to animal health monitoring and the combination would enable automated, algorithm-driven health indication generation from the bed's sensor data.
18. The system of claim 1, wherein the processor is configured such that the first indication of the subject's health is at least one of: a weight gain over time, a weight loss over time, a gastro-intestinal change over time, a behavioral change over time, a seizure behavior change over time, an anxiety behavior change over time, an aggressive behavior change over time, a respiratory alert, a previously diagnosed mental state change over time, a vomiting behavior change over time, a urination frequency change over time, a defecation frequency change over time, a hairball behavior change over time, a presence proximate to the reposing surface indication, an absence proximate to the reposing surface, a heart rate alert, a body temperature alert, an ambient temperature alert, a seizure alert, a sleep quality change over time, a breathing rate change over time, a heart rate change over time, a movement pattern change over time, a social interaction change over time, a snoring change over time, a sleep apnea condition, an asthma condition, a wheezing condition, a coughing condition, a barking behavior, a growling behavior, a hissing behavior, a purring behavior, a meowing behavior, a whining behavior, a vomiting behavior, a chewing behavior, a tearing behavior, a burping behavior, a bowel condition, a respiration rate change over time, a disturbed sleep condition, or a restlessness condition.
Donavon (2023) [0034]: "the animal health monitoring system can advantageously provide early indicators of potential health conditions including, but not limited to, physical, behavioral and mental health of an animal. Examples of physical health include but are not limited to renal health, urinary health, metabolic health and digestive health. More specifically, animal diseases that may be correlated with weight and behavioral data obtained from use of the animal health monitoring system include but are not limited to feline lower urinary tract disease, diabetes, irritable bowel syndrome, feline idiopathic cystitis, bladder stones, bladder crystals, arthritis, hyperthyroidism, diabetes, and/or a variety of other diseases potentially affecting the animal. Examples of behavioral health include, but are not limited to, out of the box elimination and/or cat social dynamics in a multi-cat household. Examples of mental health include, but are not limited to, anxiety, stress and cognitive decline." [0075]: "The notifications can provide indications of potential concerns with cat health and/or emotional state. For example, fluctuations in weight and visit frequency can be early indicators for a number of disease states such as feline lower urinary tract, bladder stones, bladder crystals, renal disease, diabetes, hyperthyroidism, feline idiopathic cystitis, digestive issues (IBD/IBS), and arthritis and/or emotional wellbeing such as stress, anxiety, and cognitive decline/dysfunction."
Nichol [0048]: "This fluctuation can be processed to extract such things as respiration and heart rate information, restlessness (e.g., sleep problems and nightmares), nervousness (e.g., shivering/shaking during a thunderstorm), etc."
Before the effective filing date of the claimed invention it would have been obvious to combine the algorithmic classification approach of Donavon (2023) with the smart bed of Nichol, because both are directed to animal health monitoring and the combination would enable automated, algorithm-driven health indication generation from the bed's sensor data.
19. The system of claim 18, wherein any of the changes comprise a change in: a presence, an absence, a frequency, an occurrence, an amount, and a severity.
Donavon (2023) [0033]: "The animal health monitoring system can automatically track visit frequency, visit type (e.g., elimination vs. non-elimination), and/or animal weight across multiple visits. This historical information can be used to monitor animal weight, litter box visit frequencies, and/or elimination behaviors over time." [0074]: "Notification thresholds can be based on any aspect of an animal that may require additional analysis, such as the animal losing or gaining more than a threshold amount of weight over a particular time frame, an increase or decrease in elimination events, more frequent or less frequent visits to the elimination area, a change in elimination routines, and/or any other factors or combination of factors indicating a potential health issue."
Before the effective filing date of the claimed invention, it would have been obvious to combine the algorithmic classification approach of Donavon (2023) with the smart bed of Nichol, because both are directed to animal health monitoring and the combination would enable automated, algorithm-driven health indication generation from the bed's sensor data.
Claim 21 is rejected under 35 U.S.C. § 103 as being unpatentable over Nichol in view of Donavan (2016) and further in view of Hall (US 2017/0000090).
21. The system of claim 1, wherein the one or more sensors are at least one of: a wearable sensor, a remote sensor, a user-input sensor, a barcode sensor, an implanted sensor, an injected sensor, a radio frequency identification (RFID) sensor.
Claim 21 recites: "the one or more sensors are at least one of: a wearable sensor, a remote sensor, a user-input sensor, a barcode sensor, an implanted sensor, an injected sensor, a radio frequency identification (RFID) sensor."
Nichol discloses a smart collar with RFID as a wearable sensor. [0044]: "a smart animal collar may include identifiers, including but not limited to an RFID tag, that may be read by the smart animal devices and/or platform 101. In embodiments, a smart animal collar may have an appendage, pendant, extension or other component, such a component may contain an RFID tag, microchip, or other component capable of storing data related to an animal and transmitting to or otherwise communicating with the platform 101."
However, Nichol does not explicitly disclose a user-input sensor or a barcode sensor as part of the system.
Hall discloses a user-input sensor and a broader ecosystem of sensors. [0022]: "The litter box may include an automated lid that closes to retain smell and to keep a non-designated pet from entering (e.g., to eat other pet feces). The litter box may track urinalysis data, the times the litter box is used, the number of uses, and the duration of uses. An embodiment of the litter box may include a gas sensor. For example, a gas sensor could detect ammonia levels and be useful in diagnosing dehydration. In another example of a sensor, a sheet or PH sensor may be positioned on the bottom of the litter box for analysis." [0023]: "The activity collar may include the pet recognition device. The pet recognition device may include a transmitter and a receiver… the pet recognition device of the activity collar may include a low energy communication device, such as Bluetooth Low Energy or RFID." [0033]: "The activity collar of an embodiment may not taking readings directly from the pet. The activity collar may inform the modules such as the central hub, bowl, pet bed, water dish, and litter box, the location of the pet in order for the modules to perform the data collection."
Before the effective filing date of the claimed invention it would have been obvious to incorporate the user-input and barcode/RFID sensor types of Hall into the smart bed system of Nichol, because both are directed to pet health monitoring ecosystems and the combination would provide a more flexible and comprehensive sensor architecture.
Claim 22 is rejected under 35 U.S.C. § 103 as being unpatentable over Donavon (2016) in view of Nichol.
22. A method for assessing a subject's health based on health-related information, the method comprising: communicating, via a transceiver, with one or more sensors, the one or more sensors configured for capturing one or more characteristics corresponding to the subject; receiving, via the transceiver, one or more characteristics corresponding to the subject; determining, via a processor, at least a first indication of the subject's health based, at least in part, on the one or more characteristics corresponding to the subject; and providing, via a display device, a visual representation of the first indication of the subject's health.
Donavon (2016) discloses the method of collecting, analyzing, and presenting animal health data. [0005]: "the present disclosure is directed to a method of preparing a nutrition, health, and/or wellness recommendation for an animal. The method comprises collecting the data from the animal, analyzing the data, and providing the nutrition, health, and/or wellness recommendation based upon the analyzed data." [0066]: "data can be continuously captured during the entire duration of the animal's activity inside a waste container, during food or water consumption, sleep or rest until the animal moves away effectively disengaging measurement. Data can also be captured by periodically sampling a sensor or sensors, such as weight, pressure or force sensor or sensors (such as strain gauges, load cells, piezo sensors, etc.) and converting a contiguous (analog) electrical signal into a digital data." [0094]: "activity information regarding the animal, as detected by the various devices 60, are conveyed to the user via the mobile device 4000."
However, Donavon (2016) does not explicitly disclose the reposing surface (smart bed) as the location of the sensors.
Nichol discloses the smart animal bed with integrated sensors. [0046]: "A smart animal bed 501 having a temperature control unit and sensors is shown in FIG. 5. This bed 501 consists of a base 502, an arrangement of walls 503 to which padding is affixed 506, a thermally conductive gel-padded surface 504, into which a film-type piezoelectric sensor 505 is integrated." [0048]: "a plurality load cells 602 are positioned between the base 502 and the surface upon which it rests. These load cells 602 experience a change in resistance with strain. As per standard practice, a Wheatstone bridge converts these changes in resistance to voltage signals that are analyzed to assess weight of the animal any time the bed is in use."
Before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to perform the method of Donavon using the smart bed sensors of Nichol, because both are directed to animal health data collection and analysis, and the combination would provide a continuous, non-invasive monitoring method
23. The method of claim 22, wherein the determining the at least first indication of the subject's health further comprises: selecting at least one of the one or more characteristics corresponding to the subject; processing the at least one characteristic through one or more algorithms corresponding to the at least first indication of the subject's health; and determining the at least first indication of the subject's heath based, at least in part, on the one or more algorithms; wherein the subject is at least one of: an animal, or a human, and at least one of the one or more sensors is a load cell.
Donavon (2016) [0035]: "The data is analyzed using various algorithms, formulas, and calculations which, in essence, codify fundamental expert knowledge and applied science and research regarding health, nutrition, and wellness characteristics of animals, as well as predictive analytics, to create a system that is capable of continuously screening the new data and comparing it to historically derived data." [0036]: "It will be understood that various mathematical and algorithmic techniques, such as bivariate, multivariate and trend analysis, may be used in the analysis of the collected data."
Nichol [0048]: "a plurality load cells 602 are positioned between the base 502 and the surface upon which it rests. These load cells 602 experience a change in resistance with strain. As per standard practice, a Wheatstone bridge converts these changes in resistance to voltage signals that are analyzed to assess weight of the animal any time the bed is in use."
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to perform the method of Donavon using the smart bed sensors of Nichol, because both are directed to animal health data collection and analysis, and the combination would provide a continuous, non-invasive monitoring method
25. The method of claim 22, wherein the one or more characteristics corresponding to the subject comprise a physical parameter corresponding to the subject, an image corresponding to the subject, an identification corresponding to the subject, a sound corresponding to the subject, an activity corresponding to the subject, a behavior correspond- ing to the subject, a motion corresponding to the subject, a location corresponding to the subject, or a manually input observation corresponding to the subject.
Donavon (2016) [0043]-[0047] discloses all of these categories as set forth in the rejection of Claims 7–16 above.
26. The method of claim 22, wherein at least one of the one or more sensors are disposed in at least one of: physical contact with a reposing surface, proximate to the reposing surface, or within a line of sight of the reposing surface, the reposing surface being a surface on which the subject reposes for at least some time on a daily basis.
Nichol [0046]: "a thermally conductive gel-padded surface 504, into which a film-type piezoelectric sensor 505 is integrated." [0048]: "a plurality load cells 602 are positioned between the base 502 and the surface upon which it rests."
Before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to perform the method of Donavon using the smart bed sensors of Nichol, because both are directed to animal health data collection and analysis, and the combination would provide a continuous, non-invasive monitoring method
29. The method of claim 22, further comprising the step of applying one or both of a heating and a cooling treatment to the subject.
Nichol [0003]: "the temperature control system configured to selectively provide heating or cooling to the padded animal bed based at least in part on the sensor signals." [0007]: "the controller may ascertain a condition of the animal based on the sensor signals and may control the temperature of the padded animal bed based on the condition. The condition may include respiration rate, heart rate, resting or inactivity time, crying, temperature, restlessness, nervousness, and/or other conditions." [0054]: "The bed additionally or alternatively can include other animal interaction elements, such as, for example and without limitation, a soothing element (e.g., a massage pad, a rocker, etc.) that can be activated to sooth the animal (e.g., during times of detected stress/nervousness, crying, restlessness, etc.), an agitator or alarm that can be activated to prompt the animal to leave the bed (e.g., if a determination is made that the animal has been resting or inactive in the bed for an excessive amount of time). Temperature itself can be controlled to prompt the animal to leave the bed, e.g., making the bed too warm or too cold for comfort."
Before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to perform the method of Donavon using the smart bed sensors of Nichol, because both are directed to animal health data collection and analysis, and the combination would provide a continuous, non-invasive monitoring method
Conclusion
The prior art made of record1 and NOT relied upon is considered pertinent to applicant's disclosure:
Holley (US 2015/0163412): Various arrangements for monitoring and control applications are presented. A television receiver may be configured to monitor sensor reading and or provide signals to control units for monitoring and home automation applications.;
Triener (US 2019/0029226): Systems, methods, and computer code products for monitoring the behavior, health, and/or characteristics of an animal are disclosed herein. In one implementation, the animal is positioned inside a waste container placed on a system that is adapted to determine, record and communicate over a network various animal health parameters. These parameters can be processed to determine trends, statistics and changes of animal physiological functions. The results can be used to access animal health conditions and issue warnings, alarms, messages, and other notifications to designated caretakers. These notifications may be displayed using various means such as computers and/or mobile devices. Data retrieval and review capability can provide improved understanding of an animal's health conditions and facilitate early illness detection.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL EZEWOKO whose telephone number is 571 272 7850. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fonya Long can be reached on 571 270 5096. The fax phone number for the organization where this application or proceeding is assigned is 571-273-7850.
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/MICHAEL I EZEWOKO/Primary Examiner, Art Unit 3682
1Please see Form 892 for complete listing
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