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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/250,716
`
`02/24/2021
`
`Thomas Bruckmann
`
`80808US004
`
`6838
`
`3M INNOVATIVE PROPERTIES COMPANY
`PO BOX 33427
`ST. PAUL, MN 55133-3427
`
`MINCHELLA, ADAM ZACHARY
`
`ART UNIT
`
`3794
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/12/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`LegalUSDocketing@mmm.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-20 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C} Claim(s)__ is/are allowed.
`Claim(s) 1-20 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11) The drawing(s) filed on 02/24/2021 is/are: a)[¥) accepted or b)(.) objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)£) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)Q) All
`1.1) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240207
`
`Application No.
`Applicant(s)
`17/250,716
`Bruckmann etal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`Adam Z Minchella
`3794
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 02/24/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 2
`
`DETAILED ACTION
`
`1.
`
`This action is pursuantto the claimsfiled on 02/24/2021. Claims 1-20 are pending. A
`
`first action on the merits of claims 1-20 is as follows.
`
`Notice of Pre-AIA or AIA Status
`
`2.
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`first inventorto file provisions of the AJA.
`
`Information Disclosure Statement
`
`3.
`
`The information disclosure statement (IDS) submitted on 04/27/2021 is in compliance
`
`with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being
`
`considered by the examiner.
`
`Claim Objections
`
`4.
`
`Claim 8 is/are objected to because of the following informalities:
`
`e Claim 8; “the first or second physiological indicator” should read “the first physiological
`
`indicator or a second physiological indicator” to increaseclarity.
`
`Appropriate correction is required.
`
`Claim Rejections - 35 USC § 112
`
`5.
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—Thespecification shall conclude with one or more claimsparticularly 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 claimsparticularly pointing out and distinctly
`claiming the subject matter which the applicant regardsas his invention.
`
`6.
`
`Claims4 and 19 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
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 3
`
`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.
`
`7.
`
`Claim 4 recites the limitation "a memory comprising instructions that when executed...".
`
`This limitation is previously recited in independentclaim 1. As such it is unclear if claim 4
`
`intends to recite antecedent basis to the memory andinstructions of claim | or recite a new
`
`distinct memoryandinstructions. This claim will be interpreted to read “the memory comprising
`
`instructions that when executed ...”
`
`8.
`
`Claim 19 recites “the remote server”. This limitation lacks antecedent basis. For
`
`examination purposes, this limitation will be read as “a remote server”.
`
`Claim Rejections - 35 USC § 103
`
`9.
`
`The following is a quotation of 35 U.S.C. 103 which formsthebasis for all obviousness
`
`rejections set forth in this Office action:
`
`A patent for a claimed invention maynotbe 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 obviousbefore the effective
`filing date of the claimed invention to a person having ordinaryskill in the art to which the claimed
`invention pertains. Patentability shall not be negated by the mannerin which the invention was made.
`
`10.
`
`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 priorart.
`
`2. Ascertaining the differences betweenthe prior art and the claimsat issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating obviousness or
`
`nonobviousness.
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 4
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`11.
`
`Claim(s) 1-2, 5-6, 8, and 11-13 is/are rejected under 35 U.S.C. 103 as being
`
`unpatentable over DeSeve (U.S. PGPub No. 2018/0250159) in view of Frey (U.S. Patent No.
`
`7,517,360).
`
`12.
`
`Regarding claim 1, DeSeve teaches An apparatusfor providing pressurized,
`
`thermally conditioned air (Apparatus 100 of Figs 2A-D; [0059-0060] disclosing pressurized
`
`thermally conditioned air), comprising: a casing (casing of controller 112); a first sensor input
`
`port adjacent to a portion of the casing and configured to receive a signal indicative of a
`
`first physiological indicator ((0057] disclosing multi-input, multi-output; each sensor 120a has
`
`a corresponding input and output port to casing in effector matrix 109a); a first sensor output
`
`port adjacent to a portion of the casing and configured to transmit the signal indicative of
`
`the first physiological indicator ({0057] disclosing multi-input, multi-output; each sensor 120a
`
`has a corresponding input and output port to casing in effector matrix 109a); a controller
`
`communicatively coupled to the first sensor input port, the first sensor output port, the
`
`convective module (Fig 2a controller 112), the controller comprising one or more computer
`
`processors and a memory ((0034]) comprising instructions that when executed by the one
`
`or more computer processors cause the one or more computer processorsto: transmit the
`
`first physiological indicator via the first sensor output port (Fig 6, processor transmits first
`
`physiological indicator via first sensor output port); determine a first physiological indicator
`
`value from thefirst sensor input port (see Fig 6 obtain actual cutaneous temperature step);
`
`perform at least one operation in response to the determination of the first physiological
`
`indicator value (Fig 6 steps to control effectors depending on determined physiological
`
`indicator value). DeSeve further discloses that the use of convective air in heating/cooling
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 5
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`garments is well-knownin the art ({0007]) and in alternative embodimentsthe device uses
`
`multiple devices for moving air over the surface of the plurality of heat sinks ((0062]).
`
`13.
`
`DeSevefails to teach a housing in the casing describing an airflow pathway with an air
`
`diffusing outlet proximate to an outlet opening for providing a stream of pressurized air through
`
`the outlet opening; a convective module disposed in a portion of the housing and the outlet
`
`opening via the airflow pathway.
`
`14.
`
`In related prior art, Frey teaches a similar apparatus for providing pressurized air
`
`comprising a housingin the casing describing an airflow pathway with an air diffusing
`
`outlet proximate to an outlet opening for providing a stream of pressurized air through the
`
`outlet opening (Col 2 Ins 19-35, a convective warmer having an outlet for providing pressurized
`
`air to an inlet of a corresponding garment); a convective module disposed in a portion of the
`
`housing andthe outlet opening via the airflow pathway (Col 2 Ins 19-35 disclosing a
`
`convective warmer). Therefore it would have been obvious to one of ordinary skill in the art
`
`before the effective filing date of the claimed invention to have modified the device of DeSeveto
`
`incorporate the airflow pathway with an outlet and outlet opening for provided convected air
`
`from a convective moduleto arrive at the device of claim 1. Doing so would be obvious to one of
`
`ordinary skill in the art as the use of convective heat and airflow pathways is well-knownin the
`
`art to yield predictable results of providing thermally controlled air to the surface of the device
`
`and user (DeSeve [0007 & 0062], Frey Col2 Ins 19-35).
`
`15.
`
`Regarding claim 2, in view of the combination of claim 1 above, DeSeve teaches
`
`wherein to perform at least one operation comprises controlling a portion of device based
`
`on thefirst physiological indicator (see steps of Fig 6 controller operates device based on
`
`received physiological signal).
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 6
`
`16.
`
`Frey further teaches wherein to perform at least one operation comprises controlling
`
`a portion of the convective module based onthefirst physiological indicator (Col 2 Ins 25-
`
`35 disclosing a sensor and controlling the convective heater based on the signal from the sensor).
`
`Therefore it would have been obviousto one of ordinary skill in the art before the effective filing
`
`date of the claimed invention to have further modified the device of DeSeve to incorporate the
`
`control of the convective module based on the physiological indicator to arrive at the device of
`
`claim 2. Doing so would be obviousto one of ordinary skill in the art as the use of convective
`
`heat and airflow pathways is well-knownin theart to yield predictable results of providing
`
`thermally controlled air to the surface of the device and user (DeSeve [0007 & 0062], Frey Col 2
`
`Ins 19-35).
`
`17.
`
`Regarding claims 5, in view of the combination of claim 1 above, DeSeve further teaches
`
`wherein the first sensor input port comprises a first pin (Fig 2b input port of trace connection
`
`121 to sensor 120a) and thefirst sensor output port comprise a secondpin,the first pin is
`
`electrically coupled to the second pin (Fig 2B, output port of connection trace 121 defines a
`
`second pin and is connected to input port).
`
`18.
`
`Regarding claims6, in view of the combination of claim 1 above, DeSeve further teaches
`
`further comprising a second sensor input port and a secondsensor output port (Fig 2B,
`
`second sensor 120a has a second input and output port).
`
`19.
`
`Regarding claim 8, in view of the combination of claim | above, DeSeve further teaches
`
`wherein the first or second physiological indicator is selected from core body temperature,
`
`skin temperature, pulse oximetry, electrical activity of a heart, or combinations thereof (Fig
`
`6 obtaining skin temperature).
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 7
`
`20.
`
`Regarding claim 11, in view of the combination of claim | above, DeSeve further teaches
`
`wherein a sensor input port comprises at least one pin that provides power output to a
`
`sensor (Fig 6 disclosing a pin of sensor that optionally provides or cuts poweroutput to a
`
`sensor).
`
`21.
`
`Regarding claim 12, in view of the combination of claim | above, DeSeve further teaches
`
`a first sensor configured to measurethe first physiological indicator of a patient (Fig 2b
`
`sensor 120a); and a medical monitor comprising a monitor first sensor input port (Fig 2b
`
`display of controller 112 with input port 118), wherein the first sensor output portis
`
`configured to electrically couple to the monitorfirst sensor input port of the medical
`
`monitor (Fig 2b output port of first sensor 120a connects to monitor first sensor input port 118).
`
`22.
`
`Regarding claim 13, in view of the combination of claim 12 above, DeSeve further
`
`teaches a cable comprising a connector configured to releasably coupleto thefirst sensor
`
`output port and the monitor first sensor input port (Fig 2b cable 111).
`
`23.
`
`Claim(s) 3-4 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`DeSevein view of Frey, and in further view of Linley (U.S. PGPub No. 2003/0182087).
`
`24.
`
`25.
`
`Regarding claims 3, in view of the combination of claim | above,
`
`DeSeve/Freyare silent to a wired parallel connection.
`
`However,in related prior art, Linley teaches a similar device wherein devices are optionally
`
`wired to a controller in either a serial or parallel connection ([0006]). Therefore it would have
`
`been obvious to one of ordinary skill in the art before the effective filing date of the claimed
`
`invention to have modified the first sensor output and input ports to be wiredin parallel to arrive
`
`at the device of claim 3. Providing a parallel wired connection is well-knownin the art to yield
`
`predictable results thereof (Linley [0006]).
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 8
`
`26.
`
`27.
`
`Regarding claims 4 and 14, in view of the combination of claims 3 and 12 above,
`
`DeSevefurther teaches wherein the controller comprises a memory comprising
`
`instructions that when executed by the one or more computer processors cause the one or
`
`more computer processorsto transmit the first physiological indicator nearly
`
`simultaneously as a replica of the signal received ({0057]; controller is configured to receive
`
`indicator signals from skin via sensors 120a and transmits them to the controller nearly
`
`simultaneously as is known in the art with standard processors).
`
`28.
`
`DeSeve discloses substantially all the limitations of the claim(s) except the transmission
`
`signal being a replica transmitted nearly simultaneously as the signal is received. It would have
`
`been an obvious matter of design choice to one having ordinary skill in the art at before the
`
`effective filing date of the claimed invention to transmit the received signal as a replica, since
`
`applicant has not disclosed that the use of a replica signal solves any stated problem oris for any
`
`particular purpose andit appears that the invention would perform equally as well with the
`
`transmission of the original signal, rather than a replica.
`
`29,
`
`Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeSeve in
`
`view of Frey, and in further view of Stolpmann (U.S. PGPub No. 2003/0046762).
`
`30.
`
`Regarding claims 7, in view of the combination of claim 6 above, DeSeve further teaches
`
`the first sensor input port receives an analog signal indicative of the first physiological
`
`indicator ((0057] disclosing sensors 120a as 1OK Ohm thermistors which are analog signals).
`
`31.
`
`DeSevefails to teach wherein the second sensorinputport receives a digital signal
`
`indicative of a second physiological indicator.
`
`32.
`
`In related prior art, Stolpmann teaches a similar device wherein a second sensor input
`
`port receives a digital signal indicative of a second physiological indicator ([0045]). Therefore it
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 9
`
`would have been obvious to one of ordinary skill in the art before the effective filing date of the
`
`claimed invention to have modified the device of DeSeveto incorporate the second sensor input
`
`port to receive a digital signal indicative of the second physiological indicator. Doing so would
`
`be obvious to one of ordinary skill in the art as the use of analog ordigital signals is well-known
`
`in the art to yield predictable results.
`
`33.
`
`Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeSevein
`
`view of Frey, and in further view of Teller (U.S. PGPub No. 2002/0019586).
`
`34.
`
`Regarding claim 9, in view of the combination of claim 8 above, DeSeve further teaches
`
`the second physiological indicator is not core body temperature (Fig 6 obtaining skin
`
`temperature(i.c., not core body temperature)).
`
`35.
`
`DeSevefails to teach wherein the first physiological indicator is a core body temperature
`
`of a patient.
`
`36.
`
`In related prior art, Teller discloses a similar device and contemplates the use of
`
`sensors to measure various physiological parameters such as skin temperature or core body
`
`temperature among others ({0044]). Therefore it would have been obviousto one of ordinary
`
`skill in the art before the effective filing date of the claimed invention to have modified DeSeve
`
`in view of Frey and Teller to incorporate the first physiological indicator as a core body
`
`temperature. Doing so would be obviousto one of ordinary skill in the art to yield the predictable
`
`result of obtaining a core body temperature as the acquisition of core body temperature is well-
`
`knownin theart.
`
`37.
`
`Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeSeve
`
`in view of Frey, and in further view of Telfort (U.S. PGPub No. 2011/0213274).
`
`38.
`
`Regarding claim 10, the DeSeve/Frey combination teaches the device of claim 1,
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 10
`
`39,
`
`DeSevefails to teach wherein the controller comprises: an authentication circuit
`
`configured to: receive an identification signal from thefirst or a second sensor input port unique
`
`to the first or a second sensor, determine a sensor type from the identification signal, in response
`
`to determining that the sensor type is not compatible with the apparatus, transmitting the signal
`
`from the first or second sensor without using the signal to control a convective module.
`
`40.
`
`In related prior art, Telfort teaches a device wherein the controller comprises: an
`
`authentication circuit configured to: receive an identification signal from thefirst or a
`
`second sensor input port uniqueto the first or a second sensor, determine a sensor type
`
`from the identification signal, in response to determining that the sensor type is not
`
`compatible with the apparatus, transmitting the signal from the first or second sensor
`
`without using the signal to control a convective module ((0340], information element includes
`
`information on sensor type and if sensor is compatible with the system). Therefore it would have
`
`been obvious to one of ordinary skill in the art before the effective filing date of the claimed
`
`invention to have modified DeSeve in view of Frey and Telfort to incorporate the authentication
`
`circuit configured to receive an ID signal from the sensor import port unique to said sensor to
`
`arrive at the device of claim 10. Doing so would advantageously provide the system with
`
`information to verify whether the sensor is compatible with the system before use ({[0340]).
`
`41.
`
`Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeSeve
`
`in view of Frey, and in further view of Zodnik (U.S. PGPub No. 2001/0056226).
`
`42.
`
`Regarding claim 15, in view of the combination of claim 12 above, DeSeve further
`
`teaches a second sensor having a second sensor output port (Fig 2b second sensor 120a),
`
`wherein the medical monitor comprises a monitor sensor input port, wherein the second
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 11
`
`sensor output port is configured to electrically couple to the monitor sensor input port (Fig
`
`2b, output of second sensor 120a to cable 111 into input port 118).
`
`43.
`
`44.
`
`DeSevefails to teach wherein the medical monitor comprises a second sensor inputport.
`
`In related prior art, Zodnik disclose a system wherein a similar medical monitor may
`
`comprise a plurality of output ports that can be coupled to medical sensing devices (see abstract,
`
`[0020] [0023]). Therefore it would have been obviousto one of ordinary skill in the art before
`
`the effective filing date of the claimed invention to have modified the monitor of DeSeve in view
`
`of Frey and Zodnik to incorporate a second sensor output port to the medical monitor to arrive at
`
`the device of claim 15. Doing so would be obviousto one of ordinary skill in the art as a simple
`
`substitution of one well-known output configuration (DeSeve Fig 2b, plurality of sensor output
`
`ports into a single medical monitor input port) for another well-knownconfiguration (Zodnik
`
`abstract, [0020] [0023]; one port per each medical device) to yield the predictable result of
`
`connecting sensors to a monitor device.
`
`45.
`
`Claim(s) 16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`DeSevein view of Frey, and in further view of Hardee (U.S. PGPub No. 2010/0023348).
`
`46.
`
`47.
`
`Regarding claim 16, in view of the combination of claim 12 above,
`
`In related prior art, Hardee teaches a remote computer, wherein the remote computer
`
`is configured to receive at least some records corresponding to the first physiological
`
`indicator ((0010]). Therefore it would have been obviousto one of ordinary skill in the art
`
`before the effective filing date of the claimed invention to have modified the system of DeSeve
`
`in view of Frey and Hardeeto incorporate the remote computer configured to receive at least
`
`somerecords from the apparatusto arrive at the device of claim 16. Doing so would
`
`advantageously allow for the apparatus to be monitored remotely as is knownin theart ([0010]).
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 12
`
`48.
`
`49,
`
`Regarding claim 18, in view of the combination of claim 16 above,
`
`DeSevefurther teaches wherein the remote computer comprises memory comprising
`
`instructions that when executed by the one or more computer processors cause the one or
`
`more computer processors to: receive performance data of the apparatusatleast partially
`
`indicative of a heating cycle (Fig 11b, actual cutaneous temperature and presence of current
`
`being sent to heat exchangerboth indicate performance data); receiving, from the apparatus, a
`
`set of physiological indicators values of the patient associated with the performance data
`
`(Fig 6 obtaining actual cutaneous temps); receiving a medical record of the patient, the
`
`medical record including the set of physiological indicators values (Fig 6 obtaining actual
`
`cutaneous temps); associating the medical record of the patient with the performance data
`
`of the apparatus based on a correlation between the set of physiological indicator values
`
`received from the apparatusandtheset of physiological indicator values received from the
`
`medical record (Fig 6 comparison of ST, to STris a type of correlation). Therefore it would
`
`have been obvious to one of ordinary skill in the art before the effective filing date of the claimed
`
`invention to have modified DeSeve in view of Frey and Hardee to incorporate the remote
`
`computer to perform the same functions of the controller to arrive at the device of claim 18.
`
`Doing so would be obviousto one of ordinary skill in the art to yield the expected result of
`
`allowing a remote user to control and monitor the function of the device. Furthermore it would
`
`have been obviousto one of ordinary skill in the art to use a correlation, rather than a comparison
`
`as both arrive at the sameresult.
`
`50.
`
`Claim(s) 17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`DeSevein view of Frey, in view of Hardee, andin further view of Sprigg (U.S. PGPub No.
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`2013/0278414).
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 13
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`51.
`
`52.
`
`53.
`
`Regarding claim 17, in view of the combination of claim 16 above,
`
`DeSevefails to teach the remote computer of claim 17.
`
`In related prior art, Sprigg teaches a system wherein the remote computer comprises
`
`one or more computer processors communicatively coupled to a memory, the memory
`
`comprising instructions that when executed by the one or more computer processors cause
`
`the one or more computerprocessors to: receive a first set of records of the patient
`
`indicative of the first sensorat a first location ({0005] disclosing a server receivefirst set of
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`records based on a particular location; [0053]); receive a secondset of records of the patient
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`indicative of the first sensor at a second location ({0005] “particular locations” implies a
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`second set of data at a second location; [0053]); and perform at least one operation in
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`response to receiving the first set of records and the second set of records (“The biometric
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`model may be continuously updated, such as by identifying dependencies between various
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`biometric parameters over time, adjusting nominal and threshold values to represent the current
`
`biometric sensor data, learning from operator feedback”; see also at least [0053]). Therefore it
`
`would have been obvious to one of ordinary skill in the art before the effective filing date of the
`
`claimed invention to have further modified DeSeve in view of Frey, Hardee, and Sprigg to
`
`incorporate the remote computer configured to receive a first and second set of records
`
`correspondingtoafirst and second locationsto arrive at the system of claim 17. Doing so would
`
`advantageously enable the system to compare patient data based on location to be used in
`
`evaluation of biometric, safety, and health statuses ({0032]).
`
`54.
`
`55.
`
`Regarding claim 20, in view of the combination of claim 16 above,
`
`DeSevefails to teach the remote computer of claim 20.
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 14
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`56.
`
`In related prior art, Sprigg teaches a system wherein the remote computer comprises
`
`memory (Fig | server 105 has memory) comprising instructions that when executed by the
`
`one or more computer processors cause the one or more computerprocessors to perform at
`
`least one operation ((0005] [0031-0033] server 105 monitors and stores information
`
`correspondingto atleast a first and second location). Sprigg further teaches comparing data from
`
`a first location to a similar second location ({0022]). Therefore it would have been obviousto
`
`one of ordinary skill in the art before the effective filing date of the claimed invention to have
`
`modified DeSeve in view of Frey, Hardee, and Sprigg to incorporate the step of displayingafirst
`
`set of records from the first location and a second set of records from the second location as part
`
`of the same instanceto arrive at the device of claim 20. Doing so would be obviousto one of
`
`ordinary skill in the art to provide the remote server with the ability to display any acquired data
`
`for a user or physician to analyze as desired.
`
`57.
`
`Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeSeve
`
`in view of Frey, in view of Linley as applied to claim 14, and in further view of Sprigg.
`
`58.
`
`59.
`
`60.
`
`Regarding claim 19, in view of the combination of claim 14 above,
`
`DeSevefails to teach the remote computerof claim 19.
`
`‘In related prior art, Sprigg teaches a system wherein thefirst or second sensoris
`
`communicatively coupled to a logging unit, communicatively coupled to the remote server
`
`({0031] GPS communicatively coupled to server), wherein the logging unit comprises one or
`
`more processors communicatively coupled to a memory and a communication module, the
`
`memory comprising instructions that when executed by the one or more computer
`
`processors cause the one or more computer processors to: receive a plurality of records
`
`from the first sensor; determine a first location of the first sensor based on a logging unit
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 15
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`location ((0005 & 0032] disclosing receiving biometric sensor data and determining a location
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`of the user); update a record from the plurality of records with the first location ({0031]
`
`disclosing updated information abouta location); transmit an updated record to a remote
`
`computer ([0032]). Therefore it would have been obvious to one of ordinary skill in the art
`
`before the effective filing date of the claimed invention to have further modified DeSeve in view
`
`of Frey, and Sprigg to incorporate the remote computer configured to receive a first and second
`
`set of records correspondingto a first and second locations to arrive at the system of claim 19.
`
`Doing so would advantageously enable the system to compare patient data based on location to
`
`be used in evaluation of biometric, safety, and health statuses ({0032]).
`
`Conclusion
`
`61.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Adam Z Minchella whose telephone numberis (571)272-8644.
`
`The examiner can normally be reached M-Fri 7-3 EST.
`
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`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
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`encouraged to use the USPTO Automated Interview Request (AIR) at
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`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Joseph Stoklosa can be reached on (571) 272-1213. The fax phone numberfor the
`
`organization wherethis application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be
`
`obtained from Patent Center. Unpublished application information in Patent Center is available
`
`to registered users. To file and manage patent submissions in Patent Center, visit:
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`

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`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 16
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`/AD