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 September 17, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Objections
Claim 6 is objected to because of the following informalities: “the one of more infections” should read “the one or more infections” (line 2). Appropriate correction is required.
Claim 13 is objected to because of the following informalities: “the one of more infections” should read “the one or more infections” (line 2). Appropriate correction is required.
Claim 14 is objected to because of the following informalities: “said the computerized method” should read “the computerized method”. Appropriate correction is required.
Claim 20 is objected to because of the following informalities: “the one of more infections” should read “the one or more infections” (lines 2-3). Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “an instruction associated with said risk state” in line 28. As written, it is unclear whether “said risk state” is meant to refer to “said risk state of the first user” or “said risk state of the second user”. Further clarification is required.
Claim 8 recites “an instruction associated with said risk state” in line 28. As written, it is unclear whether “said risk state” is meant to refer to “said risk state of the first user” or “said risk state of the second user”. Further clarification is required.
Claim 15 recites “an instruction associated with said risk state” in line 27. As written, it is unclear whether “said risk state” is meant to refer to “said risk state of the first user” or “said risk state of the second user”. Further clarification is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(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.
Claims 1-6, 8-13, and 15-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20210058736 A1 (Ghazzaoui et al.).
Regarding claim 1, Ghazzaoui teaches a system for remotely monitoring and managing health statuses of a plurality of users (Abstract), the system comprising:
one or more hardware computer processors configured to execute program instructions ([0056] “firmware controls the overall device logic”) to cause the system to:
receive health-related information originating from a first wearable device of a first user ([0030] “The data on each device, e.g. bracelet reveals who each person wearing the bracelet is, and who or what they interacted with, when, where, and for how long.”; [0116] “A Bluetooth® enabled device according to this invention is worn by a first and a second individual.”; [0126] “the device further includes sensors for measuring physiologic parameters”), said health-related information comprising:
physiological information comprising at least a body temperature of the first user ([0126] “the device further includes sensors for measuring physiologic parameters, e.g. temperature, heart rate, blood pressure or the like, which metrics are utilized to provide an initial assessment of whether the bearer of the device may be ill and possibly infectious.”); and
contact tracing data comprising:
information indicative of proximity of the first user to a second user, said proximity determined from a wireless signal strength between the first wearable device of the first user and a second wearable device of the second user ([0098] “The measured signal strength of an advertisement (often described in RSSI units) is proportional to the distance between the emitting device and the receiving device.”; [0103] “Bluetooth® or other near-proximity device to device communications are used in the system to generate data reflecting monitored distance, proximity, time, and duration of proximity between people, equipment, and/or tools”; [0116]); and
an identifier associated with the second user and indicative of an identity of the second user, wherein the identifier is wirelessly received at the first wearable device from the second wearable device ([0057] “Device Identifier—provides means to identify which device emitted a detected advertisement”; [0072] “Once collected, the data is either retained onboard the device, or it is transmitted to another device according to any of the following ways: [0073] 1. Bluetooth®. [0074] a. Device to Device”; [0116] “occur to identify every individual that has been in sufficiently close proximity, for a sufficiently long period of time with the infected individual can be traced and alerted to avoid contact with others until it is certain that they have not become infected or infectious. In a preferred embodiment according to this invention, without the need for any external monitoring or data uploading or analytics, the system comprises wearable wristbands which alerts the wearer that they are too close to another individual, and either or both individuals are alerted by a vibratory, optical or auditory alert so that appropriate social distancing is re-established.”);
determine an accumulated duration, over a first time period, that said proximity between the first user and the second user is within a threshold proximity ([0012] “Contact and proximity data, along with time and duration, are recorded by the device for every contact or proximity detected within pre-set limits”; [0063] “store the unique device identifier, the time at which it was detected and the duration it was in detectable range”);
determine a risk state of the second user based on the identifier, wherein the risk state of the second user indicates a likelihood that said second user had one or more infections during at least a portion of said first time period ([0116] “the system permits contact tracing to occur to identify every individual that has been in sufficiently close proximity, for a sufficiently long period of time with the infected individual can be traced and alerted to avoid contact with others until it is certain that they have not become infected or infectious.”; [0126] “the device further includes sensors for measuring physiologic parameters, e.g. temperature, heart rate, blood pressure or the like, which metrics are utilized to provide an initial assessment of whether the bearer of the device may be ill and possibly infectious.”);
determine an exposure level for the first user based on said contact tracing data, said accumulated duration, and the risk state of the second user ([0009] “The system is an essential tool to slow down the spread of infectious disease through contact tracing, where the channels a disease is spreading through can be identified and halted. The device, system and method of this invention makes it possible to locate and isolate infected individuals and those that have come into contact with them without requiring the dedication of hundreds of workhours by healthcare professionals.”; [0104] “a system for contact tracing for disease transmission prevention, the data is analyzed to track whether, when, for how long and where an infected person has come into contact with an uninfected person”; [0116]);
determine a risk state of the first user based on at least said physiological information and said exposure level, wherein said risk state of the first user indicates a likelihood that said first user has said one or more infections ([0018]; [0125] “Use of proximity of people with ambient BLE/WiFi signals to model disease transmission probabilities using neural networks and alert users if models suggest they are at higher risk”; [0126]); and
wirelessly transmit, to a first mobile computing device, at least one of said risk state of the first user and an instruction associated with said risk state ([0018] “FIG. 4 shows intervention by the system to notify at risk individuals that they may need medical attention or the like due to contact with an infected individual.”; [0033]; [0104]; [0125]).
Regarding claim 2, Ghazzaoui teaches the system of claim 1, wherein:
said contact tracing data further comprises information indicative of:
proximity of the first user to a third user (Fig. 1 depicts a third user (Day 8)), said proximity determined based on a wireless signal strength between the first wearable device of the first user and a third wearable device of the third user ([0030] “The data on each device, e.g. bracelet reveals who each person wearing the bracelet is, and who or what they interacted with, when, where, and for how long.”; [0098] “The measured signal strength of an advertisement (often described in RSSI units) is proportional to the distance between the emitting device and the receiving device.”; [0103] “Bluetooth® or other near-proximity device to device communications are used in the system to generate data reflecting monitored distance, proximity, time, and duration of proximity between people, equipment, and/or tools”; [0116]); and
the one or more hardware computer processors are configured to execute the program instructions to cause the system to:
determine a second accumulated duration, over a second time period, that said proximity between the first user and the third user is within the threshold proximity ([0012] “Contact and proximity data, along with time and duration, are recorded by the device for every contact or proximity detected within pre-set limits”; [0063] “store the unique device identifier, the time at which it was detected and the duration it was in detectable range”); and
determine said exposure level for the first user based on said contact tracing data, said accumulated duration, and said second accumulated duration, and a risk state of the third user indicating a likelihood that said third user had said one or more infections during at least a portion of said second time period ([0009] “The system is an essential tool to slow down the spread of infectious disease through contact tracing, where the channels a disease is spreading through can be identified and halted. The device, system and method of this invention makes it possible to locate and isolate infected individuals and those that have come into contact with them without requiring the dedication of hundreds of workhours by healthcare professionals.”; [0018]; [0104] “a system for contact tracing for disease transmission prevention, the data is analyzed to track whether, when, for how long and where an infected person has come into contact with an uninfected person”; [0116]; [0126] “the device further includes sensors for measuring physiologic parameters, e.g. temperature, heart rate, blood pressure or the like, which metrics are utilized to provide an initial assessment of whether the bearer of the device may be ill and possibly infectious.”).
Regarding claim 3, Ghazzaoui teaches the system of claim 1, wherein the one or more hardware computer processors are configured to execute the program instructions to cause the system to determine said risk state of the second user based on at least:
physiological information associated with the second user derived from said second wearable device, said physiological information comprising at least a body temperature of the second user ([0126] “the device further includes sensors for measuring physiologic parameters, e.g. temperature, heart rate, blood pressure or the like, which metrics are utilized to provide an initial assessment of whether the bearer of the device may be ill and possibly infectious.”); and
an exposure level for the second user ([0009] “The system is an essential tool to slow down the spread of infectious disease through contact tracing, where the channels a disease is spreading through can be identified and halted. The device, system and method of this invention makes it possible to locate and isolate infected individuals and those that have come into contact with them without requiring the dedication of hundreds of workhours by healthcare professionals.”; [0104] “a system for contact tracing for disease transmission prevention, the data is analyzed to track whether, when, for how long and where an infected person has come into contact with an uninfected person”; [0116]), said exposure level for the second user determined based on at least:
contact tracing data associated with said second user, said contact tracing data associated with said second user comprising information indicative of proximity of the second user to at least a third user, said proximity determined based on a wireless signal strength between the second wearable device of the second user and a third wearable device of the third user (([0098] “The measured signal strength of an advertisement (often described in RSSI units) is proportional to the distance between the emitting device and the receiving device.”; [0103] “Bluetooth® or other near-proximity device to device communications are used in the system to generate data reflecting monitored distance, proximity, time, and duration of proximity between people, equipment, and/or tools”; [0116] “the system permits contact tracing to occur to identify every individual that has been in sufficiently close proximity, for a sufficiently long period of time with the infected individual can be traced and alerted to avoid contact with others until it is certain that they have not become infected or infectious.”; [0126] “the device further includes sensors for measuring physiologic parameters, e.g. temperature, heart rate, blood pressure or the like, which metrics are utilized to provide an initial assessment of whether the bearer of the device may be ill and possibly infectious.”; Fig. 1 depicts three users);
a second accumulated duration, over a second time period, that said proximity between the second user and the third user was within the threshold proximity ([0012] “Contact and proximity data, along with time and duration, are recorded by the device for every contact or proximity detected within pre-set limits”; [0063] “store the unique device identifier, the time at which it was detected and the duration it was in detectable range”); and
a risk state of the third user associated with a likelihood that said third user had said one or more infections during at least a portion of said second time period ([0116] “the system permits contact tracing to occur to identify every individual that has been in sufficiently close proximity, for a sufficiently long period of time with the infected individual can be traced and alerted to avoid contact with others until it is certain that they have not become infected or infectious.”; [0126] “the device further includes sensors for measuring physiologic parameters, e.g. temperature, heart rate, blood pressure or the like, which metrics are utilized to provide an initial assessment of whether the bearer of the device may be ill and possibly infectious.”).
Regarding claim 4, Ghazzaoui teaches the system of claim 1, wherein the one or more hardware computer processors are configured to execute the program instructions to cause the system to determine said risk state of the second user based on at least health-related information of the second user wirelessly received at the first wearable device from the second wearable device ([0057] “Device Identifier—provides means to identify which device emitted a detected advertisement”; [0072] “Once collected, the data is either retained onboard the device, or it is transmitted to another device according to any of the following ways: [0073] 1. Bluetooth®. [0074] a. Device to Device”; [0116] “occur to identify every individual that has been in sufficiently close proximity, for a sufficiently long period of time with the infected individual can be traced and alerted to avoid contact with others until it is certain that they have not become infected or infectious. In a preferred embodiment according to this invention, without the need for any external monitoring or data uploading or analytics, the system comprises wearable wristbands which alerts the wearer that they are too close to another individual, and either or both individuals are alerted by a vibratory, optical or auditory alert so that appropriate social distancing is re-established.”; [0126] “the device further includes sensors for measuring physiologic parameters, e.g. temperature, heart rate, blood pressure or the like, which metrics are utilized to provide an initial assessment of whether the bearer of the device may be ill and possibly infectious.”).
Regarding claim 5, Ghazzaoui teaches the system of claim 1, wherein said wireless signal strength comprises a detected Bluetooth® signal strength ([0088] “A device with a Bluetooth® radio emits Bluetooth® signals called “advertisements” at pre-determined intervals with a pre-determined transmission power.”; [0098] “The measured signal strength of an advertisement (often described in RSSI units) is proportional to the distance between the emitting device and the receiving device”).
Regarding claim 6, Ghazzaoui teaches the system of claim 1, wherein said risk state of the first user comprises a confirmation indicating whether said first user has the one of more infections ([0116] “where the disease status of the first individual, the second individual or both is not known at a first time, T1, but at a later time is confirmed to be infected, the system permits contact tracing to occur to identify every individual that has been in sufficiently close proximity, for a sufficiently long period of time with the infected individual can be traced and alerted to avoid contact with others until it is certain that they have not become infected or infectious.”).
Regarding claim 8, Ghazzaoui teaches a computerized method, performed by a computing system having one or more hardware computer processors and one or more non-transitory computer readable storage devices storing software instructions executable by the computing system to perform the computerized method (Abstract, [0030]; [0053]) comprising:
receiving health-related information originating from a first wearable device of a first user ([0030] “The data on each device, e.g. bracelet reveals who each person wearing the bracelet is, and who or what they interacted with, when, where, and for how long.”; [0116] “A Bluetooth® enabled device according to this invention is worn by a first and a second individual.”; [0126] “the device further includes sensors for measuring physiologic parameters”), said health-related information comprising:
physiological information comprising at least a body temperature of the first user ([0126] “the device further includes sensors for measuring physiologic parameters, e.g. temperature, heart rate, blood pressure or the like, which metrics are utilized to provide an initial assessment of whether the bearer of the device may be ill and possibly infectious.”); and
contact tracing data comprising:
information indicative of proximity of the first user to a second user, said proximity determined from a wireless signal strength between the first wearable device of the first user and a second wearable device of the second user ([0098] “The measured signal strength of an advertisement (often described in RSSI units) is proportional to the distance between the emitting device and the receiving device.”; [0103] “Bluetooth® or other near-proximity device to device communications are used in the system to generate data reflecting monitored distance, proximity, time, and duration of proximity between people, equipment, and/or tools”; [0116]); and
an identifier associated with the second user and indicative of an identity of the second user, wherein the identifier is wirelessly received at the first wearable device from the second wearable device ([0057] “Device Identifier—provides means to identify which device emitted a detected advertisement”; [0072] “Once collected, the data is either retained onboard the device, or it is transmitted to another device according to any of the following ways: [0073] 1. Bluetooth®. [0074] a. Device to Device”; [0116] “occur to identify every individual that has been in sufficiently close proximity, for a sufficiently long period of time with the infected individual can be traced and alerted to avoid contact with others until it is certain that they have not become infected or infectious. In a preferred embodiment according to this invention, without the need for any external monitoring or data uploading or analytics, the system comprises wearable wristbands which alerts the wearer that they are too close to another individual, and either or both individuals are alerted by a vibratory, optical or auditory alert so that appropriate social distancing is re-established.”);
determining an accumulated duration, over a first time period, that said proximity between the first user and the second user is within a threshold proximity ([0012] “Contact and proximity data, along with time and duration, are recorded by the device for every contact or proximity detected within pre-set limits”; [0063] “store the unique device identifier, the time at which it was detected and the duration it was in detectable range”);
determining a risk state of the second user based on the identifier, wherein the risk state of the second user indicates a likelihood that said second user had one or more infections during at least a portion of said first time period ([0116] “the system permits contact tracing to occur to identify every individual that has been in sufficiently close proximity, for a sufficiently long period of time with the infected individual can be traced and alerted to avoid contact with others until it is certain that they have not become infected or infectious.”; [0126] “the device further includes sensors for measuring physiologic parameters, e.g. temperature, heart rate, blood pressure or the like, which metrics are utilized to provide an initial assessment of whether the bearer of the device may be ill and possibly infectious.”);
determining an exposure level for the first user based on said contact tracing data, said accumulated duration, and the risk state of the second user ([0009] “The system is an essential tool to slow down the spread of infectious disease through contact tracing, where the channels a disease is spreading through can be identified and halted. The device, system and method of this invention makes it possible to locate and isolate infected individuals and those that have come into contact with them without requiring the dedication of hundreds of workhours by healthcare professionals.”; [0104] “a system for contact tracing for disease transmission prevention, the data is analyzed to track whether, when, for how long and where an infected person has come into contact with an uninfected person”; [0116]);
determining a risk state of the first user based on at least said physiological information and said exposure level, wherein said risk state of the first user indicates a likelihood that said first user has said one or more infections ([0018]; [0125] “Use of proximity of people with ambient BLE/WiFi signals to model disease transmission probabilities using neural networks and alert users if models suggest they are at higher risk”; [0126]); and
wirelessly transmitting, to a first mobile computing device, at least one of said risk state of the first user and an instruction associated with said risk state ([0018] “FIG. 4 shows intervention by the system to notify at risk individuals that they may need medical attention or the like due to contact with an infected individual.”; [0033]; [0104]; [0125]).
Rgearding claim 9, Ghazzaoui teaches the computerized method of claim 8, wherein:
said contact tracing data further comprises information indicative of:
proximity of the first user to a third user (Fig. 1 depicts a third user (Day 8)), said proximity determined based on a wireless signal strength between the first wearable device of the first user and a third wearable device of the third user ([0030] “The data on each device, e.g. bracelet reveals who each person wearing the bracelet is, and who or what they interacted with, when, where, and for how long.”; [0098] “The measured signal strength of an advertisement (often described in RSSI units) is proportional to the distance between the emitting device and the receiving device.”; [0103] “Bluetooth® or other near-proximity device to device communications are used in the system to generate data reflecting monitored distance, proximity, time, and duration of proximity between people, equipment, and/or tools”; [0116]); and
the computerized method further comprises:
determining a second accumulated duration, over a second time period, that said proximity between the first user and the third user is within the threshold proximity ([0012] “Contact and proximity data, along with time and duration, are recorded by the device for every contact or proximity detected within pre-set limits”; [0063] “store the unique device identifier, the time at which it was detected and the duration it was in detectable range”); and
determining said exposure level for the first user based on said contact tracing data, said accumulated duration, and said second accumulated duration, and a risk state of the third user indicating a likelihood that said third user had said one or more infections during at least a portion of said second time period ([0009] “The system is an essential tool to slow down the spread of infectious disease through contact tracing, where the channels a disease is spreading through can be identified and halted. The device, system and method of this invention makes it possible to locate and isolate infected individuals and those that have come into contact with them without requiring the dedication of hundreds of workhours by healthcare professionals.”; [0018]; [0104] “a system for contact tracing for disease transmission prevention, the data is analyzed to track whether, when, for how long and where an infected person has come into contact with an uninfected person”; [0116]; [0126] “the device further includes sensors for measuring physiologic parameters, e.g. temperature, heart rate, blood pressure or the like, which metrics are utilized to provide an initial assessment of whether the bearer of the device may be ill and possibly infectious.”).
Regarding claim 10, Ghazzaoui teaches the computerized method of claim 8, wherein the computerized method further comprises determining said risk state of the second user based on at least:
physiological information associated with the second user derived from said second wearable device, said physiological information comprising at least a body temperature of the second user ([0126] “the device further includes sensors for measuring physiologic parameters, e.g. temperature, heart rate, blood pressure or the like, which metrics are utilized to provide an initial assessment of whether the bearer of the device may be ill and possibly infectious.”); and
an exposure level for the second user, said exposure level for the second user ([0009] “The system is an essential tool to slow down the spread of infectious disease through contact tracing, where the channels a disease is spreading through can be identified and halted. The device, system and method of this invention makes it possible to locate and isolate infected individuals and those that have come into contact with them without requiring the dedication of hundreds of workhours by healthcare professionals.”; [0104] “a system for contact tracing for disease transmission prevention, the data is analyzed to track whether, when, for how long and where an infected person has come into contact with an uninfected person”; [0116]) determined based on at least:
contact tracing data associated with said second user, said contact tracing data associated with said second user comprising information indicative of proximity of the second user to at least a third user, said proximity determined based on a wireless signal strength between the second wearable device of the second user and a third wearable device of the third user ([0098] “The measured signal strength of an advertisement (often described in RSSI units) is proportional to the distance between the emitting device and the receiving device.”; [0103] “Bluetooth® or other near-proximity device to device communications are used in the system to generate data reflecting monitored distance, proximity, time, and duration of proximity between people, equipment, and/or tools”; [0116] “the system permits contact tracing to occur to identify every individual that has been in sufficiently close proximity, for a sufficiently long period of time with the infected individual can be traced and alerted to avoid contact with others until it is certain that they have not become infected or infectious.”; [0126] “the device further includes sensors for measuring physiologic parameters, e.g. temperature, heart rate, blood pressure or the like, which metrics are utilized to provide an initial assessment of whether the bearer of the device may be ill and possibly infectious.”; Fig. 1 depicts three users);
a second accumulated duration, over a second time period, that said proximity between the second user and the third user was within the threshold proximity ([0012] “Contact and proximity data, along with time and duration, are recorded by the device for every contact or proximity detected within pre-set limits”; [0063] “store the unique device identifier, the time at which it was detected and the duration it was in detectable range”); and
a risk state of the third user associated with a likelihood that said third user had said one or more infections during at least a portion of said second time period ([0116] “the system permits contact tracing to occur to identify every individual that has been in sufficiently close proximity, for a sufficiently long period of time with the infected individual can be traced and alerted to avoid contact with others until it is certain that they have not become infected or infectious.”; [0126] “the device further includes sensors for measuring physiologic parameters, e.g. temperature, heart rate, blood pressure or the like, which metrics are utilized to provide an initial assessment of whether the bearer of the device may be ill and possibly infectious.”).
Regarding claim 11, Ghazzaoui teaches the computerized method of claim 8, wherein the computerized method further comprises determining said risk state of the second user based on at least health-related information of the second user wirelessly received at the first wearable device from the second wearable device ([0057] “Device Identifier—provides means to identify which device emitted a detected advertisement”; [0072] “Once collected, the data is either retained onboard the device, or it is transmitted to another device according to any of the following ways: [0073] 1. Bluetooth®. [0074] a. Device to Device”; [0116] “occur to identify every individual that has been in sufficiently close proximity, for a sufficiently long period of time with the infected individual can be traced and alerted to avoid contact with others until it is certain that they have not become infected or infectious. In a preferred embodiment according to this invention, without the need for any external monitoring or data uploading or analytics, the system comprises wearable wristbands which alerts the wearer that they are too close to another individual, and either or both individuals are alerted by a vibratory, optical or auditory alert so that appropriate social distancing is re-established.”; [0126] “the device further includes sensors for measuring physiologic parameters, e.g. temperature, heart rate, blood pressure or the like, which metrics are utilized to provide an initial assessment of whether the bearer of the device may be ill and possibly infectious.”).
Regarding claim 12, Ghazzaoui teaches the computerized method of claim 8, wherein said wireless signal strength comprises a detected Bluetooth® signal strength ([0088] “A device with a Bluetooth® radio emits Bluetooth® signals called “advertisements” at pre-determined intervals with a pre-determined transmission power.”; [0098] “The measured signal strength of an advertisement (often described in RSSI units) is proportional to the distance between the emitting device and the receiving device”).
Regarding claim 13, Ghazzaoui teaches the computerized method of claim 8, wherein said risk state of the first user comprises a confirmation indicating whether said first user has the one of more infections ([0116] “where the disease status of the first individual, the second individual or both is not known at a first time, T1, but at a later time is confirmed to be infected, the system permits contact tracing to occur to identify every individual that has been in sufficiently close proximity, for a sufficiently long period of time with the infected individual can be traced and alerted to avoid contact with others until it is certain that they have not become infected or infectious.”).
Regarding claim 15, Ghazzaoui teaches non-transitory computer-readable media including computer-executable instructions that, when executed by a computing system (Abstract, [0030], [0053]; [0106]), cause the computing system to perform operations comprising:
receiving health-related information originating from a first wearable device of a first user ([0030] “The data on each device, e.g. bracelet reveals who each person wearing the bracelet is, and who or what they interacted with, when, where, and for how long.”; [0116] “A Bluetooth® enabled device according to this invention is worn by a first and a second individual.”; [0126] “the device further includes sensors for measuring physiologic parameters”), said health-related information comprising:
physiological information comprising at least a body temperature of the first user ([0126] “the device further includes sensors for measuring physiologic parameters, e.g. temperature, heart rate, blood pressure or the like, which metrics are utilized to provide an initial assessment of whether the bearer of the device may be ill and possibly infectious.”); and
contact tracing data comprising:
information indicative of proximity of the first user to a second user, said proximity determined from a wireless signal strength between the first wearable device of the first user and a second wearable device of the second user ([0098] “The measured signal strength of an advertisement (often described in RSSI units) is proportional to the distance between the emitting device and the receiving device.”; [0103] “Bluetooth® or other near-proximity device to device communications are used in the system to generate data reflecting monitored distance, proximity, time, and duration of proximity between people, equipment, and/or tools”; [0116]); and
an identifier associated with the second user and indicative of an identity of the second user, wherein the identifier is wirelessly received at the first wearable device from the second wearable device ([0057] “Device Identifier—provides means to identify which device emitted a detected advertisement”; [0072] “Once collected, the data is either retained onboard the device, or it is transmitted to another device according to any of the following ways: [0073] 1. Bluetooth®. [0074] a. Device to Device”; [0116] “occur to identify every individual that has been in sufficiently close proximity, for a sufficiently long period of time with the infected individual can be traced and alerted to avoid contact with others until it is certain that they have not become infected or infectious. In a preferred embodiment according to this invention, without the need for any external monitoring or data uploading or analytics, the system comprises wearable wristbands which alerts the wearer that they are too close to another individual, and either or both individuals are alerted by a vibratory, optical or auditory alert so that appropriate social distancing is re-established.”);
determining an accumulated duration, over a first time period, that said proximity between the first user and the second user is within a threshold proximity ([0012] “Contact and proximity data, along with time and duration, are recorded by the device for every contact or proximity detected within pre-set limits”; [0063] “store the unique device identifier, the time at which it was detected and the duration it was in detectable range”);
determining a risk state of the second user based on the identifier, wherein the risk state of the second user indicates a likelihood that said second user had one or more infections during at least a portion of said first time period ([0116] “the system permits contact tracing to occur to identify every individual that has been in sufficiently close proximity, for a sufficiently long period of time with the infected individual can be traced and alerted to avoid contact with others until it is certain that they have not become infected or infectious.”; [0126] “the device further includes sensors for measuring physiologic parameters, e.g. temperature, heart rate, blood pressure or the like, which metrics are utilized to provide an initial assessment of whether the bearer of the device may be ill and possibly infectious.”);
determining an exposure level for the first user based on said contact tracing data, said accumulated duration, and the risk state of the second user ([0009] “The system is an essential tool to slow down the spread of infectious disease through contact tracing, where the channels a disease is spreading through can be identified and halted. The device, system and method of this invention makes it possible to locate and isolate infected individuals and those that have come into contact with them without requiring the dedication of hundreds of workhours by healthcare professionals.”; [0104] “a system for contact tracing for disease transmission prevention, the data is analyzed to track whether, when, for how long and where an infected person has come into contact with an uninfected person”; [0116]);
determining a risk state of the first user based on at least said physiological information and said exposure level, wherein said risk state of the first user indicates a likelihood that said first user has said one or more infections ([0018]; [0125] “Use of proximity of people with ambient BLE/WiFi signals to model disease transmission probabilities using neural networks and alert users if models suggest they are at higher risk”; [0126]); and
wirelessly transmitting, to a first mobile computing device, at least one of said risk state of the first user and an instruction associated with said risk state ([0018] “FIG. 4 shows intervention by the system to notify at risk individuals that they may need medical attention or the like due to contact with an infected individual.”; [0033]; [0104]; [0125]).
Regarding claim 16, Ghazzaoui teaches the non-transitory computer-readable media of claim 15, wherein:
said contact tracing data further comprises information indicative of:
proximity of the first user to a third user (Fig. 1 depicts a third user (Day 8)), said proximity determined based on a wireless signal strength between the first wearable device of the first user and a third wearable device of the third user ([0030] “The data on each device, e.g. bracelet reveals who each person wearing the bracelet is, and who or what they interacted with, when, where, and for how long.”; [0098] “The measured signal strength of an advertisement (often described in RSSI units) is proportional to the distance between the emitting device and the receiving device.”; [0103] “Bluetooth® or other near-proximity device to device communications are used in the system to generate data reflecting monitored distance, proximity, time, and duration of proximity between people, equipment, and/or tools”; [0116]); and
the computer-executable instructions, when executed, cause the computing system to perform operations comprising:
determining a second accumulated duration, over a second time period, that said proximity between the first user and the third user is within the threshold proximity ([0012] “Contact and proximity data, along with time and duration, are recorded by the device for every contact or proximity detected within pre-set limits”; [0063] “store the unique device identifier, the time at which it was detected and the duration it was in detectable range”); and
determining said exposure level for the first user based on said contact tracing data, said accumulated duration, and said second accumulated duration, and a risk state of the third user indicating a likelihood that said third user had said one or more infections during at least a portion of said second time period ([0009] “The system is an essential tool to slow down the spread of infectious disease through contact tracing, where the channels a disease is spreading through can be identified and halted. The device, system and method of this invention makes it possible to locate and isolate infected individuals and those that have come into contact with them without requiring the dedication of hundreds of workhours by healthcare professionals.”; [0018]; [0104] “a system for contact tracing for disease transmission prevention, the data is analyzed to track whether, when, for how long and where an infected person has come into contact with an uninfected person”; [0116]; [0126] “the device further includes sensors for measuring physiologic parameters, e.g. temperature, heart rate, blood pressure or the like, which metrics are utilized to provide an initial assessment of whether the bearer of the device may be ill and possibly infectious.”).
Regarding claim 17, Ghazzaoui teaches the non-transitory computer-readable media of claim 15, wherein the computer-executable instructions, when executed, cause the computing system to perform operations comprising determining said risk state of the second user based on at least:
physiological information associated with the second user derived from said second wearable device, said physiological information comprising at least a body temperature of the second user ([0126] “the device further includes sensors for measuring physiologic parameters, e.g. temperature, heart rate, blood pressure or the like, which metrics are utilized to provide an initial assessment of whether the bearer of the device may be ill and possibly infectious.”); and
an exposure level for the second user ([0009] “The system is an essential tool to slow down the spread of infectious disease through contact tracing, where the channels a disease is spreading through can be identified and halted. The device, system and method of this invention makes it possible to locate and isolate infected individuals and those that have come into contact with them without requiring the dedication of hundreds of workhours by healthcare professionals.”; [0104] “a system for contact tracing for disease transmission prevention, the data is analyzed to track whether, when, for how long and where an infected person has come into contact with an uninfected person”; [0116]), said exposure level for the second user determined based on at least:
contact tracing data associated with said second user, said contact tracing data associated with said second user comprising information indicative of proximity of the second user to at least a third user, said proximity determined based on a wireless signal strength between the second wearable device of the second user and a third wearable device of the third user ([0098] “The measured signal strength of an advertisement (often described in RSSI units) is proportional to the distance between the emitting device and the receiving device.”; [0103] “Bluetooth® or other near-proximity device to device communications are used in the system to generate data reflecting monitored distance, proximity, time, and duration of proximity between people, equipment, and/or tools”; [0116] “the system permits contact tracing to occur to identify every individual that has been in sufficiently close proximity, for a sufficiently long period of time with the infected individual can be traced and alerted to avoid contact with others until it is certain that they have not become infected or infectious.”; [0126] “the device further includes sensors for measuring physiologic parameters, e.g. temperature, heart rate, blood pressure or the like, which metrics are utilized to provide an initial assessment of whether the bearer of the device may be ill and possibly infectious.”; Fig. 1 depicts three users);
a second accumulated duration, over a second time period, that said proximity between the second user and the third user was within the threshold proximity ([0012] “Contact and proximity data, along with time and duration, are recorded by the device for every contact or proximity detected within pre-set limits”; [0063] “store the unique device identifier, the time at which it was detected and the duration it was in detectable range”); and
a risk state of the third user associated with a likelihood that said third user had said one or more infections during at least a portion of said second time period ([0116] “the system permits contact tracing to occur to identify every individual that has been in sufficiently close proximity, for a sufficiently long period of time with the infected individual can be traced and alerted to avoid contact with others until it is certain that they have not become infected or infectious.”; [0126] “the device further includes sensors for measuring physiologic parameters, e.g. temperature, heart rate, blood pressure or the like, which metrics are utilized to provide an initial assessment of whether the bearer of the device may be ill and possibly infectious.”).
Regarding claim 18, Ghazzaoui teaches the non-transitory computer-readable media of claim 15, wherein the computer-executable instructions, when executed, cause the computing system to perform operations comprising:
determining said risk state of the second user based on at least health-related information of the second user wirelessly received at the first wearable device from the second wearable device ([0057] “Device Identifier—provides means to identify which device emitted a detected advertisement”; [0072] “Once collected, the data is either retained onboard the device, or it is transmitted to another device according to any of the following ways: [0073] 1. Bluetooth®. [0074] a. Device to Device”; [0116] “occur to identify every individual that has been in sufficiently close proximity, for a sufficiently long period of time with the infected individual can be traced and alerted to avoid contact with others until it is certain that they have not become infected or infectious. In a preferred embodiment according to this invention, without the need for any external monitoring or data uploading or analytics, the system comprises wearable wristbands which alerts the wearer that they are too close to another individual, and either or both individuals are alerted by a vibratory, optical or auditory alert so that appropriate social distancing is re-established.”; [0126] “the device further includes sensors for measuring physiologic parameters, e.g. temperature, heart rate, blood pressure or the like, which metrics are utilized to provide an initial assessment of whether the bearer of the device may be ill and possibly infectious.”).
Regarding claim 19, Ghazzaoui teaches the non-transitory computer-readable media of claim 15, wherein said wireless signal strength comprises a detected Bluetooth® signal strength ([0088] “A device with a Bluetooth® radio emits Bluetooth® signals called “advertisements” at pre-determined intervals with a pre-determined transmission power.”; [0098] “The measured signal strength of an advertisement (often described in RSSI units) is proportional to the distance between the emitting device and the receiving device”).
Regarding claim 20, Ghazzaoui teaches the non-transitory computer-readable media of claim 15, wherein said risk state of the first user comprises a confirmation indicating whether said first user has the one of more infections ([0116] “where the disease status of the first individual, the second individual or both is not known at a first time, T1, but at a later time is confirmed to be infected, the system permits contact tracing to occur to identify every individual that has been in sufficiently close proximity, for a sufficiently long period of time with the infected individual can be traced and alerted to avoid contact with others until it is certain that they have not become infected or infectious.”).
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.
Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over US 20210058736 A1 (Ghazzaoui et al.) in view of US 20160132652 A1 (Chapman Bates et al.).
Regarding claim 7, Ghazzaoui teaches the system of claim 1.
Ghazzaoui does not explicitly teach wherein said health-related information of the first user further comprises diagnosis or test result data relating to at least one of said one or more infections, and wherein said one or more hardware processors are further configured to determine said risk state of the first user based on said diagnosis or test result data.
However,
Chapman Bates teaches wherein said health-related information of the first user further comprises diagnosis or test result data relating to at least one of said one or more infections, and wherein said one or more hardware processors are further configured to determine said risk state of the first user based on said diagnosis or test result data ([0058] “disease analysis module 204 diagnoses the communicable disease based on the symptoms or signs exhibited by user 102. In the above example, user 102 is experiencing a fever, increased pulse, and increased heart rate, which are signs of the flu. Disease analysis module 204 may examine all the different diseases that have these signs to come up with the best match.”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to have modified the system taught by Ghazzaoui to include diagnosis health data. One would have been motivated to make this modification because identifying the disease based on characteristics can allow the incubation period of the disease to be determined in order to find when the person is contagious so their location during that time can be tracked, as suggested by Chapman Bates [0058-0062].
Regarding claim 14, Ghazzaoui teaches the computerized method of claim 8.
Ghazzaoui does not explicitly teach wherein said health-related information of the first user further comprises diagnosis or test result data relating to at least one of said one or more infections, and wherein said one or more hardware processors are further configured to determine said risk state of the first user based on said diagnosis or test result data.
However,
Chapman Bates teaches wherein said health-related information of the first user further comprises diagnosis or test result data relating to at least one of said one or more infections, and wherein said one or more hardware processors are further configured to determine said risk state of the first user based on said diagnosis or test result data ([0058] “disease analysis module 204 diagnoses the communicable disease based on the symptoms or signs exhibited by user 102. In the above example, user 102 is experiencing a fever, increased pulse, and increased heart rate, which are signs of the flu. Disease analysis module 204 may examine all the different diseases that have these signs to come up with the best match.”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to have modified the method taught by Ghazzaoui to include diagnosis health data. One would have been motivated to make this modification because identifying the disease based on characteristics can allow the incubation period of the disease to be determined in order to find when the person is contagious so their location during that time can be tracked, as suggested by Chapman Bates [0058-0062].
Conclusion
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/EVELYN GRACE PARK/Examiner, Art Unit 3791
/TSE CHEN/Supervisory Patent Examiner, Art Unit 3791
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