www.uspto.gov
`
`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
`
`200663
`
`7590
`
`08/12/2024
`
`Vorys-Solventum
`Vorys, Sater, Seymour and Pease LLP
`909 Fannin St.
`
`EXAMINER
`
`MINCHELLA, ADAM ZACHARY
`
`HOUSTON,TX 77010
`
`3794
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`08/12/2024
`
`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):
`
`IPDocketing @ Solventum.com
`VDocketHou @vorys.com
`vorys_docketing @cardinal-ip.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`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 05/08/2024.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J 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.
`
`Disposition of Claims*
`1-8 and 10-20 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) 1-8 and 10-20 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)0) The drawing(s) filedon__ is/are: a)(J 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)7) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.1.) Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.1.) 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)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`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 20240716
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 2
`
`DETAILED ACTION
`
`1.
`
`This action is pursuantto the claimsfiled on 05/08/2024. Claims 1-8 and 10-20 are
`
`pending. A final action on the merits of claims 1-8 and 10-20isas follows.
`
`Notice ofPre-AIA or AIA Status
`
`2.
`
`The presentapplication, filed on or after March 16, 2013, is being examined underthe
`
`first inventorto file provisions of the AIA.
`
`Response to Amendment
`
`3.
`
`Applicant’s amendmentto the claims are acknowledged and entered accordingly. Asa
`
`result, the claim objections and 35 USC 112 rejections of the previous office action are
`
`withdrawn.
`
`Claim Rejections - 35 USC § 103
`
`4.
`
`Thetext of those sections of Title 35, U.S. Code not included in this action can be found
`
`in a prior Office action.
`
`5.
`
`Claim(s) 1-2, 5-6, 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), and in further view of Utturkar (U.S. PGPub No. 2017/0156923).
`
`6.
`
`Regarding claim 1, DeSeve teaches A system for providing pressurized, thermally
`
`conditioned air (Apparatus 100 of Figs 2A-D; [0059-0060] disclosing pressurized thermally
`
`conditionedair), comprising: a casing (casing of controller 112); a first sensor input port
`
`adjacent to a portion of the casing and configuredto receive a signalindicative ofa first
`
`physiological indicator ((0057] disclosing multi-input, multi-output; each sensor 120a has a
`
`corresponding input and outputport 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
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 3
`
`the first physiological indicator ((0057] disclosing multi-input, multi-output; each sensor 120a
`
`has a corresponding input and outputport to casing in effector matrix 109a); a controller
`
`communicatively coupledto 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 anda memory ({0034]) comprising instructions that when executed by the one
`
`or more computer processors cause the one or more computer processors to: transmit the
`
`first physiological indicator via the first sensor output port (Fig 6, processor transmits first
`
`physiological indicatorvia first sensor output port); determinea first physiological indicator
`
`value from the first sensor input port (see Fig 6 obtain actual cutaneous temperature step);
`
`perform at least one operation in response to the determinationof 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
`
`garments is well-knownin the art ([(0007]) and in alternative embodiments the device uses
`
`multiple devices for movingair overthe surface ofthe plurality of heat sinks ((0062]).
`
`7.
`
`DeSeve fails to teach a housingin the casing describing an airflow pathwaywith an air
`
`diffusing outlet proximate to an outlet opening for providing a stream of pressurized air through
`
`the outlet opening; a convective module disposedin a portion of the housing andthe outlet
`
`openingvia the airflow pathway.
`
`8.
`
`In related prior art, Frey teaches a similar system for providing pressurized air
`
`comprising a housing in the casing describing an airflow pathway with anair 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 disposedin a portion of the
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 4
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`housing and the outlet opening via the airflow pathway (Col 2 Ins 19-35 disclosing a
`
`convective warmer). 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 device of DeSeve to
`
`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).
`
`9,
`
`DeSeve fails to teach a core body temperature sensor coupled with the apparatus, wherein
`
`the first physiological indicator comprises a core body temperature.
`
`10.
`
`‘In related prior art, Utturkar teaches a similar device comprising a core body
`
`temperature sensor coupled with the apparatus ((0050] [0057] [0068] disclosing a core body
`
`temperature obtained via core body temperature sensor), wherein the first physiological
`
`indicator comprises a core body temperature ([0050] [0057] [0068]) such that the apparatus
`
`performsat least one operation in response to the determination of the first physiological
`
`indicator value ({0050-0054]). 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 Utturkar to incorporate the core body temperature sensor suchthat the
`
`apparatus performsat least one operation in response to the determination of the core body
`
`temperature. Doing so would be obviousto one of ordinary skill in the art as the use of a core
`
`body temperature as a sensing parameter in a thermal regulatory device is well-knownin the art
`
`to monitor core body temperature of the user to inform the system on its operation to regulate
`
`body temperature (Utturkar [0050-0054]).
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 5
`
`11.
`
`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 the first physiological indicator (see steps of Fig 6 controller operates device based on
`
`received physiological signal).
`
`12.
`
`Frey further teaches wherein to perform at least one operation comprises controlling
`
`a portion of the convective module based on thefirst 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 effectivefiling
`
`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 indicatorto arrive at the device of
`
`claim 2. 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 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).
`
`13.
`
`Regarding claims 5, in view of the combination of claim | 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 comprisesa second pin electrically
`
`coupled to the first pin (Fig 2B, output port of connection trace 121 defines a second pin andis
`
`connected to input port).
`
`14.
`
`Regarding claims 6, in view of the combination of claim 1 above, DeSevefurther teaches
`
`further comprising a second sensor input port and a second sensor output port (Fig 2B,
`
`cutaneous temperature sensor 120a has secondinput and outputport).
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 6
`
`15.
`
`Regarding claim 11, in view of the combination of claim 1 above, DeSeve further teaches
`
`whereinthe first sensor input port comprises at least one pin that provides power output to
`
`a sensor(Fig 6 disclosing a pin of sensorthat optionally provides or cuts poweroutputto a
`
`sensor).
`
`16.
`
`Utturkar teaches a similar device comprising a core body temperature sensor coupled
`
`with the apparatus ([0050] [0057] [0068] disclosing a core body temperature obtained via core
`
`body temperature sensor), wherein the first physiological indicator comprises a core body
`
`temperature ([0050] [0057] [0068]) such that the apparatus performs atleast one operation
`
`in responseto the determinationof the first physiological indicator value ({0050-0054]).
`
`Therefore it would have been obviousto one of ordinary skill in the art before the effectivefiling
`
`date of the claimed invention to have modified the system of DeSeve in view of Utturkarto
`
`incorporate the core body temperature sensor suchthe at least one pin of the first sensor input
`
`port provides powerto the core body temperature sensor. Doing so would be obvious to one of
`
`ordinary skill in the art to provide powerto the core body temperature sensor to enable the sensor
`
`to measure a core body temperature.
`
`17.
`
`Regarding claim 12, in view of the combination of claim 1 above, DeSeve further teaches
`
`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 port is configuredto electrically
`
`couple to the monitor first sensor input port of the medical monitor (Fig 2b outputport of
`
`first sensor 120a connects to monitorfirst sensor input port 118).
`
`18.
`
`Regarding claim 13, in view of the combination of claim 12 above, DeSeve further
`
`teaches a cable comprising a connector configured to releasably coupleto the first sensor
`
`output port and the monitor first sensor input port (Fig 2b cable 111).
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 7
`
`19.
`
`Claim(s) 3-4 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`DeSevein view of Frey, Utturkar, and in further view of Linley (U.S. PGPub No.
`
`2003/0182087).
`
`20.
`
`21.
`
`Regarding claims 3, in view of the combination of claim | above,
`
`DeSeve/Frey/Utturkarare 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-knownintheart to yield
`
`predictable results thereof (Linley [0006]).
`
`22.
`
`23.
`
`Regarding claims 4 and 14, in view of the combination of claims 3 and 12 above,
`
`DeSeve further 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 processors to transmit the first physiological indicator nearly
`
`simultaneously asa 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 knownin the art with standard processors).
`
`24.
`
`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 disclosedthatthe use of a replica signal solves any stated problem oris for any
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 8
`
`particular purpose andit appearsthat the invention would perform equally as well with the
`
`transmission of the original signal, rather than a replica.
`
`25.
`
`Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeSeve
`
`in view of Frey, Utturkar, and in further view of Webster (U.S. PGPub No. 2012/0016258).
`
`26,
`
`27.
`
`Regarding claims 7, in view of the combination of claim 6 above
`
`DeSeve/Frey/Utturkarare silent to the signal types (analog ordigital) of the first and
`
`second sensorinput ports.
`
`28.
`
`_Inrelated prior art, Webster similarly teaches the use of temperature sensor and generally
`
`discloses that temperature sensors may optionally be analog temperature sensorsordigital
`
`temperature sensors ([0035]). Therefore it would have been obvious to oneof ordinaryskill in
`
`the art before the effective filing date of the claimed invention to have modified the device of
`
`DeSeve in view of Frey, Utturkar, and Webster to incorporate the second sensorinputport to
`
`receive a digital signal indicative of the second physiological indicator andthe first sensor input
`
`port to receive an analog signal indicative ofthe first physiological indicator. Doing so would be
`
`obvious to one of ordinary skill in the art as the use of analog or digital temperature sensorsis
`
`well-knownin theart to yield predictable results of outputting a signal representative of a
`
`measured temperature.
`
`29,
`
`Regarding claim 8, in view of the combination of claim 7 above, DeSeve further teaches
`
`whereinthe second physiologicalindicator is selected from the group consisting skin
`
`temperature, pulse oximetry, electrical activity of a heart, and combinations thereof ((Fig
`
`2B and 6, cutaneous temperature sensor 120a obtain skin temperature; examiner notes skin
`
`sensor 120 interpreted as second sensor for obtaining secondphysiological indicator and
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 9
`
`incorporation of body temperature sensor in view of Utturkar in the combination of claims 1, 6-7
`
`above is interpreted as the first sensorfor a first physiological indicator).
`
`30.
`
`Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeSeve
`
`in view of Frey, Utturkar and in further view of Telfort (U.S. PGPub No. 2011/0213274).
`
`31.
`
`Regarding claim 10, the DeSeve/Frey/Utturkar combination teaches the device of claim
`
`I,
`
`32.|DeSeve fails to teach wherein the controller comprises: an authentication circuit
`
`configured to: receive an identification signal from the first 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 determiningthat 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.
`
`33.
`
` Inrelated 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 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 ({0340], information element includes
`
`information on sensortype and if sensor is compatible with the system). Therefore it would have
`
`been obvious to one of ordinaryskill in the art before the effective filing date of the claimed
`
`invention to have modified DeSeve in view of Frey, Utturkar and Telfort to incorporate the
`
`authentication circuit configured to receive an ID signal from the sensor import port unique to
`
`said sensorto arrive at the device of claim 10. Doing so would advantageously provide the
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 10
`
`system with information to verify whetherthe sensor is compatible with the system before use
`
`((0340)]).
`
`34.
`
`Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeSeve
`
`in view of Frey, Utturkar, and in further view of Zodnik (U.S. PGPub No. 2001/0056226).
`
`35.
`
`Regarding claim 15, in view of the combination of claim 12 above, DeSeve further
`
`teaches a second sensor having a secondsensor output port (Fig 2b secondsensor 1 20a),
`
`wherein the medical monitor comprises a monitor sensor input port, wherein the second
`
`sensor output port is configured to electrically couple to the monitor sensor input port (Fig
`
`2b, output of second sensor 120ato cable 111 into input port 118).
`
`36.|DeSeve fails to teach wherein the medical monitor comprises a second sensorinputport.
`
`37.—Inrelated 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 ab stract,
`
`[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, Utturkar and Zodnik to incorporate a second sensor outputport to the medical monitor
`
`to arrive at the device of claim 15. Doing so would be obvious to one of ordinaryskill 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-known
`
`configuration (Zodnik abstract, [0020] [0023]; one port per each medical device) to yield the
`
`predictable result of connecting sensors to a monitor device.
`
`38.
`
`Claim(s) 16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`DeSevein view of Frey, Utturkar, and in further view of Hardee (U.S. PGPub No.
`
`2010/0023348).
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 11
`
`39.
`
`40.
`
`Regarding claim 16, in view of the combination of claim 12 above,
`
`_—_Inrelated 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 obvious to 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, Utturkar, and Hardeeto incorporate the remote computer configured to receive
`
`at least some records from the apparatus to arrive at the device of claim 16. Doing so would
`
`advantageously allow for the apparatus to be monitored remotely as is knownin the art ({0010)]).
`
`41.
`
`42.
`
`Regarding claim 18, in view of the combination of claim 16 above,
`
`DeSeve further teaches wherein the remote computer comprises memory comprising
`
`instructions that when executed by the one or more computer processors causethe one or
`
`more computer processorsto: receive performancedata of the apparatusat least partially
`
`indicative of a heating cycle (Fig 11b, actual cutaneous temperature and presence of current
`
`being sent to heat exchanger both 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 ofthe 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 apparatus andthe set of physiological indicator values received from the
`
`medical record (Fig 6 comparison of ST, to STyis 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, Utturkar, and Hardee to incorporate the
`
`

`

`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 12
`
`remote computerto perform the samefunctions of the controller to arrive at the device of claim
`
`18. Doing so would be obvious to 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 obvious to one of ordinary skill in the art to use a correlation, rather than a comparison
`
`as both arrive at the sameresult.
`
`43.
`
`Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeSeve
`
`in view of Frey, Utturkar, in view of Hardee,and in further view of Sprigg (U.S. PGPub
`
`No. 2013/0278414).
`
`
`
`44._—_Regarding claim 17, in view of the combination of claim 16 above,
`
`45.
`
`46.
`
`DeSeve fails to teach the remote computerof claim 17.
`
`—_Inrelated 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 computerprocessorsto: receive a first set of records of the patient
`
`indicative of the first sensorat a first location ([0005] disclosing a serverreceivefirst set of
`
`records based on a particular location; [0053]); receive a secondset of records of the patient
`
`indicative of the first sensor at a second location ([0005] “particular locations” implies a
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`secondset of data at a secondlocation; [0053]); and perform at least one operation in
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`response to receiving the first set of records and the secondset of records (“The biometric
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`model may be continuously updated, suchas by identifying dependencies between various
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`biometric parameters over time, adjusting nominal and threshold values to represent the current
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`biometric sensor data, learning from operator feedback”; see also at least [0053]). Thereforeit
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`would have been obviousto one of ordinary skill in the art before the effective filing date of the
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`

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`Application/Control Number: 17/250,716
`Art Unit: 3794
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`Page 13
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`claimed invention to have further modified DeSeve in view of Frey, Hardee, and Sprigg to
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`incorporate the remote computer configured to receive a first and secondset of records of core
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`body temperature correspondingto a first and second locations to arrive at the system of claim
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`17. Doing so would advantageously enable the system to compare patient data based on location
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`to be usedin evaluation of biometric, safety, and health statuses ((0032]).
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`47.
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`Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over
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`DeSevein view ofFrey, in view of Linley as applied to claim 12, and in further view of
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`Sprigg.
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`48.
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`Regarding claim 19, in view of the combination of claim 12 above, DeSeve further
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`teaches a logging unit communicatively coupled sensors((0126] disclosing software of smart
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`phonedevice 160capable of storing parameters from sensors).
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`49.
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`50.
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`DeSeve fails to teach remote server, and remote computerof claim 19.
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`In related prior art, Sprigg teaches a system comprising a logging unit coupled wherein
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`the first or second sensor is communicatively coupled to a logging unit, communicatively
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`coupled to the remote server ({003 1] GPS communicatively coupled to server), wherein the
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`logging unit comprises one or more processors communicatively coupled to a memory and
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`a communication module, the memory comprising instructions that when executedby the
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`one or more computer processors cause the one or more computer processorsto: receive a
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`plurality of records from the first sensor; determineafirst location of the first sensor based
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`on a logging unit location ([0005 & 0032] disclosing receiving biometric sensor data and
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`determining a location of the user); update a record from the plurality of records with the
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`first location ((003 1] disclosing updated information about a location); transmit an updated
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`record to a remote computer ((0032]). Therefore it would have been obvious to one of ordinary
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`

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`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 14
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`skill in the art before the effective filing date of the claimed invention to have further modified
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`DeSeve in view of Frey, Utturkar, and Sprigg to incorporate the remote computer configured to
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`receive a first and second set of records correspondingto a first and secondlocations anda
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`plurality of records from the core body temperature sensorto arrive at the system of claim 19.
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`Doing so would advantageously enable the system to compare patient data based on location to
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`be used in evaluation of biometric, safety, and health statuses ([0032]).
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`51.
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`52.
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`53.
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`Regarding claim 20, in view of the combination of claim 19 above,
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`DeSeve fails to teach the remote computerof claim 20.
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`Inrelated prior art, Sprigg teaches a system wherein the remote computer comprises
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`memory(Fig | server 105 has memory) comprising instructions that when executed by the
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`one or more computer processors cause the one or more computer processors to perform at
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`least one operation ([0005] [0031-0033] server 105 monitors and stores information
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`correspondingto at least a first and second location). Sprigg further teaches comparing data from
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`a first location to a similar second location ({0022]). Therefore it would have been obvious to
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`one of ordinary skill in the art before the effective filing date of the claimed invention to have
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`modified DeSeve in view of Frey, Hardee, and Sprigg to incorporate the step of displayinga first
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`set of records from the first location and a secondset of records from the secondlocation as part
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`of the sameinstance to arrive at the device of claim 20. Doing so would be obviousto one of
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`ordinary skill in the art to provide the remote server with the ability to display any acquired data
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`for a user or physician to analyze as desired.
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`Response to Arguments
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`54.
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`Applicant’s arguments, see remarks, filed 05/08/2024, with respect to the rejection(s) of
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`claim(s) 1-20 under 35 USC 103 have been fully considered and are persuasive. Therefore, the
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`

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`Application/Control Number: 17/250,716
`Art Unit: 3794
`
`Page 15
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`rejection has been withdrawn. However, upon further consideration, a new ground(s) of
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`rejection is made in view of the Utturkar reference disclosing the use of a core body temperature
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`sensorin a similar system. Furthermore, the Webster reference discloses temperature sensors that
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`maybe alternatively digital or analog sensorsto yield predictable results therein.
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`Conclusion
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`55.
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`Applicant's amendmentnecessitated the new ground(s) of rejection presentedin this
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`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a).
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`Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHSfrom the mailing date of this action. In the eventa first reply is filed within TWO
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`MONTHSofthe mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE-MONTHshortenedstatutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event,
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`however,will the statutory period for reply expire later than SIX MONTHSfrom the date of this
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`final action.
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`56.
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`Any inquiry concerning this communication or earlier communications from the
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`examinershould be directed to Adam Z Minchella whose telephone numberis (57 1)272-8644.
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`The examiner can normally be reached M-Fri 7-3 EST.
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`Examinerinterviews are available via telephone, in-person, and video conferencing using
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`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
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`encouragedto use the USPTO Automated Interview Request (AIR)at
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`http://www.uspto.gov/interviewpractice.
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`

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`Application/Control Number: 17/250,716
`Art Unit: 3794
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`Page 16
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`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
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`supervisor, Joseph Stoklosa can be reached on (571) 272-1213. The fax phone numberfor the
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`organization where this application or proceedingis assignedis 571-273-8300.
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`Information regarding the status of published or un