DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 of this title, 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.
2. Claim(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Masuda et al. (US Patent/PGPub. No. 20220028060) in view of Kalafut et al. (US Patent/PGPub. No. 20200211692).
Regarding Claim 1, (Currently Amended)
Masuda et al. teach
a method ([0012], FIG. 1, i.e. method may include applying) comprising:
by a processor ([0012], FIG. 1, i.e. by the processing circuitry), inputting into an artificial intelligence
biological information ([0012], FIG. 1, i.e. cardio-vibrational image matrix to a machine learning) of an at least one living thing ([0010], FIG. 1, i.e. the patient), the biological information (i.e. please see above citation(s)) being measured by a wearable device ([0011], FIG. 1, i.e. wearable cardiac monitoring device) worn by the at least one living thing (i.e. please see above citation(s)) and including at least one of brain waves, a pulse wave, heart rate, an electrocardiographic waveform ([0005], FIG. 1, i.e. electrocardiogram (ECG)), blood pressure, or body temperature of the at least one living thing (i.e. please see above citation(s)), and
context information ([0010], FIG. 1, i.e. cardio-vibrational measurements) indicating a context associated with information about a time ([0008], FIG. 1, i.e. predetermined duration) at which the biological information was measured (i.e. please see above citation(s)) the context information being included in historical information ([0034], FIG. 1, i.e. number of historic ECG readings) including at least one time series of context information ([0007], FIG. 1, i.e. a time progression of the number of adjacent cardiac portions; [0008], FIG. 1, i.e. between around 15 seconds and around 30 seconds … or between around 3 minutes and around 10 minutes) indicating contexts under which measurements of the biological information at respective points in time were made ([0007], [0008], FIG. 1, i.e. points in time progression where the durations of time are made), and the context information including, in addition to the information about the time (i.e. please see above citation(s)), information indicating at least one of an activity of the at least one living thing, a location of the at least one living thing, an environment around the at least one living thing, or a scene or event ([0025], FIG. 1, i.e. electrical therapeutic shock) in which the at least one living thing is participating (i.e. please see above citation(s)).
However, Masuda et al. do not explicitly teach
outputting information regarding a condition of the at least one living thing based on a determination result produced by the artificial intelligence, wherein the condition includes at least one of emotion information, mental information, or psychological information of the at least one living thing.
In the same field of endeavor, Kalafut et al. teach
outputting information regarding a condition ([0154], FIG. 7, i.e. facilitate diagnosis or otherwise evaluating the patient's condition) of the at least one living thing based on a determination result ([0138], FIG. 5, i.e. to develop and/or train one or more diagnostic models) produced by the artificial intelligence ([0138], FIG. 5, i.e. using various supervised (and in some implementations unsupervised) machine learning techniques), wherein the condition includes at least one of emotion information, mental information ([0071], FIG. 2, i.e. information regarding a mental state of the patient), or psychological information of the at least one living thing (i.e. please see above citation(s)).
It would have been obvious to a person having ordinary skill in the art at the time the invention’s effective date was filed to combine Masuda et al. teaching method utilizing wearable device inputting biological information related time series of context information corresponding to an electrical therapeutic stimulation with Kalafut et al. teaching method outputting medical condition based on artificial intelligence’s determination result including mental state of a patient to effectively monitor patient’s physiological/mental state and accurately assess/diagnose patient’s condition using artificial intelligence’s determination result including mental state (suggested by Kalafut et al.’s [0071]).
Regarding Claim 2, (Currently Amended)
Masuda et al. teach
a method ([0012], FIG. 1, i.e. method may include applying) comprising:
by a processor ([0012], FIG. 1, i.e. by the processing circuitry), inputting into an artificial intelligence ([0012], FIG. 1, i.e. to a machine learning)
biological information ([0012], FIG. 1, i.e. cardio-vibrational image matrix) of an at least one living thing ([0010], FIG. 1, i.e. the patient), the biological information (i.e. please see above citation(s)) being measured by a wearable device ([0011], FIG. 1, i.e. wearable cardiac monitoring device) worn by the at least one living thing and including at least one of brain waves, a pulse wave, heart rate, an electrocardiographic waveform ([0005], FIG. 1, i.e. electrocardiogram (ECG)), blood pressure, or body temperature of the at least one living thing (i.e. please see above citation(s)), and
context information ([0010], FIG. 1, i.e. cardio-vibrational measurements) indicating a context associated with information about a time ([0008], FIG. 1, i.e. predetermined duration) at which the biological information was measured (i.e. please see above citation(s)), the context information being included in historical information ([0034], FIG. 1, i.e. number of historic ECG readings) including at least one time series of context information ([0007], FIG. 1, i.e. a time progression of the number of adjacent cardiac portions; [0008], FIG. 1, i.e. between around 15 seconds and around 30 seconds … or between around 3 minutes and around 10 minutes) indicating contexts under which measurements of the biological information at respective points in time were made ([0007], [0008], FIG. 1, i.e. points in time progression where the durations of time are made), and the context information including, in addition to the information about the time (i.e. please see above citation(s)), information indicating at least one of an activity of the at least one living thing, a location of the at least one living thing, an environment around the at least one living thing, or a scene or event ([0025], FIG. 1, i.e. electrical therapeutic shock) in which the at least one living thing is participating(i.e. please see above citation(s)).
However, Masuda et al. do not explicitly teach
outputting, based on a determination result produced by the artificial intelligence, information that needs to be reported among information associated with temporal changes of the at least one living thing, wherein the information associated with temporal changes of the at least one living thing includes information associated with temporal changes in at least one of emotion information, mental information, or psychological information of the at least one living thing.
In the same field of endeavor, Kalafut et al. teach
outputting, based on a determination result ([0138], FIG. 5, i.e. to develop and/or train one or more diagnostic models) produced by the artificial intelligence ([0138], FIG. 5, i.e. using various supervised (and in some implementations unsupervised) machine learning techniques), information ([0154], FIG. 7, i.e. facilitate diagnosis or otherwise evaluating the patient's condition) that needs to be reported among information associated with temporal changes ([0070], FIG. 2, i.e. information can dynamically change over a course of patient care. For example, at least some of the information can change from second to second, minute to minute, over a course of an hour, over a course of a day) of the at least one living thing, wherein the information associated with temporal changes of the at least one living thing includes information associated with temporal changes (i.e. please see above citation(s)) in at least one of emotion information, mental information ([0071], FIG. 2, i.e. information regarding a mental state of the patient), or psychological information of the at least one living thing (i.e. please see above citation(s)).
It would have been obvious to a person having ordinary skill in the art at the time the invention’s effective date was filed to combine Masuda et al. teaching method utilizing wearable device inputting biological information related time series of context information corresponding to an electrical therapeutic stimulation with Kalafut et al. teaching method outputting medical condition based on artificial intelligence’s determination result including temporal changes in mental state of a patient to effectively monitor patient’s physiological/mental state and accurately assess/diagnose patient’s condition using artificial intelligence’s determination result including temporal changes in mental state (suggested by Kalafut et al.’s [0071]).
Regarding Claim 3, (Original)
the method according to claim 2, wherein
Kalafut et al. teach
information that needs to be reported is information relating to a disease ([0052], FIG. 2, i.e. grade or type of the tumor).
Regarding Claim 4, (New)
the method according to claim 1, wherein
Kalafut et al. teach
the at least one of the emotion information, the mental information, or the psychological information indicates at least one of relaxation, tension, stress, concentration, sleepiness, arousal, comfort, discomfort ([0154], FIG. 7, i.e. expressed levels of pain experienced by the patient), liking, disliking, surprise, hesitation, or confusion of the at least one living thing (i.e. please see above citation(s)).
Regarding Claim 5, (New)
the method according to claim 2, wherein
Kalafut et al. teach
the information associated with temporal changes ([0070], FIG. 2, i.e. information can dynamically change over a course of patient care. For example, at least some of the information can change from second to second, minute to minute, over a course of an hour, over a course of a day) includes information associated with temporal changes ([0071], FIG. 2, i.e. timing associated with the tracked physiological parameters (e.g., onset, duration, etc.), changes in a physiological status or state of a patient) in at least one of relaxation, tension, stress, concentration, sleepiness, arousal, comfort, or discomfort ([0154], FIG. 7, i.e. expressed levels of pain experienced by the patient) of the at least one living thing (i.e. please see above citation(s)).
Regarding Claim 6, (New)
the method according to claim 2, wherein
Kalafut et al. teach
the information that needs to be reported includes information indicating a change ([0071], FIG. 2, i.e. timing associated with the tracked physiological parameters (e.g., onset, duration, etc.), changes in a physiological status or state of a patient) in at least one of stress ([0074], FIG. 2, i.e. stress levels and attention levels of the patient), relaxation, tension, concentration, sleepiness, or arousal before ([0082], FIG. 2, i.e. state/condition of the patient at the time of arrival at the healthcare facility) and after ([0082], FIG. 2, i.e. clinical reactions or outcomes of the respective actions) an event ([0082], FIG. 2, i.e. treatment was provided to the patient) indicated by the context information (i.e. please see above citation(s)).
Regarding Claim 7, (New)
the method according to claim 2, wherein
Kalafut et al. teach
the information that needs to be reported includes information indicating a degree of contribution of an event ([0071], FIG. 2, i.e. expressed levels of pain) indicated by the context information to a change ([0071], FIG. 2, i.e. changes in a physiological status or state of a patient) in at least one of the emotion information, the mental information ([0071], FIG. 2, i.e. information regarding a mental state of the patient), or the psychological information (i.e. please see above citation(s)).
Response to Argument/Amendment
3. Applicant’s arguments with respect to Claim(s) 1-3 has/have been considered but are moot because the arguments do not apply to the newly added references being used in the current rejection.
4. All dependent claims are properly rejected or objected as shown above.
5. Applicants’ Response to the Non-Final Office Action, 03/26/2026, has been entered and made of record. Claim(s) 1-2 is/are amended and Claims 4-7 is/are new. Thus, Claim(s) 1-7 is/are pending in this application.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINH TANG LAM whose telephone number is (571) 270-3704. The examiner can normally be reached Monday to Friday 8:00 AM to 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nitin K Patel can be reached at (571) 272-7677. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VINH T LAM/Primary Examiner, Art Unit 2628
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