141.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Rejected) A method according to claim 138, said at least two sensors comprising a
`
`
`
`
`
`
`
`
`
`
`
`
`
`body motion sensor and skin conductance sensor, wherein said derived data comprises data
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`relating to calories burned, wherein said data relating to calories burned is generated using at
`
`
`
`least said data indicative of motion and said data indicative of resistance of said individual's skin
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`to electric current.
`
`
`
`
`
`142.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Rejected) A method according to claim 127, said at least two sensors being
`
`
`
`chosen from the group consisting of respiration sensors, temperature sensors, heat flux sensors,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`body conductance sensors, body resistance sensors, body potential sensors, brain activity
`
`
`
`
`
`
`
`
`
`
`
`
`
`sensors, blood pressure sensors, body impedance sensors, body motion sensors, oxygen
`
`
`
`
`
`
`
`
`
`
`
`
`
`consumption sensors, body chemistry sensors, body position sensors, body pressure sensors,
`
`
`
`
`
`
`
`
`
`
`
`
`
`light absorption sensors, piezoelectric sensors, electrochemical sensors, strain gauges, and optical
`
`
`
`SCIISOIS.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`143. (Rejected) A method according to claim 127, said at least two sensors being two of
`
`
`
`a body motion sensor adapted to generate data indicative of motion, a skin conductance sensor
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`adapted to generate data indicative of the resistance of said individual's skin to electric current, a
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`heat flux sensor adapted to generate data indicative of heat flow, a body potential sensor adapted
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`to generate data indicative of heart beats or muscle or brain activity of said individual, and a
`
`
`
`
`
`
`
`
`
`
`
`
`
`temperature sensor adapted to generate data indicative of a temperature of said individual's skin,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`said data indicative of a first parameter and said data indicative of a second parameter
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`comprising at least two of said data indicative of motion, said data indicative of resistance of said
`
`
`
`
`
`801 of 1701
`
`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`ind»ividual's skin to electric current, said data indicative of heat flow, said data indicative of heart
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`beats or muscle or brain activity and said data indicative of a temperature of said individual's
`
`
`
`skin.
`
`
`
`144.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Rejected) A method according to claim 127, wherein said derived data comprises
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`data relating to at least one of activity level, sleep, nutrition, stress level and relaxation level.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`145. (Rejected) A method according to claim 143, said at least two sensors being said
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`body motion sensor and said heat flux sensor, wherein said derived data comprises data relating
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`to calories burned and is generated using at least said data indicative of motion and said data
`
`
`
`
`
`
`
`indicative of heat flow.
`
`146.
`
`
`
`(Rejected) A method according to claim 143, said at least two sensors comprising
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`said skin conductance sensor and a body motion sensor, wherein said derived data comprises
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`data related to calories burned, and wherein said data relating to calories burned is generated
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`using at least said data indicative of motion and said data indicative of resistance of said
`
`
`
`
`
`
`
`individua1's skin to electric current.
`
`
`
`147.
`
`
`
`
`
`
`
`
`
`
`
`
`(Rejected) A method according to claim 104, said wearable physiological
`
`
`
`
`
`
`
`
`
`monitoring device being part of an armband.
`
`
`
`1 148.
`
`
`
`(Rejected) A method according to claim 104, said wearable physiological
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`monitoring device being part of a garment.
`
`
`
`
`
`802 of 1701
`
`

`
`149.
`
`
`
`
`
`
`
`
`
`
`
`
`(Rejected) A method according to claim 104, said wearable physiological
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`monitoring device having at least two sensors, said at least two sensors being two of a body
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`motion sensor adapted to generate data indicative of motion, a skin conductance sensor adapted
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`to generate data indicative of the resistance of said individual's skin to electric current, a heat
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`flux sensor adapted to generate data indicative of heat flow, a body potential sensor adapted to
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`generate data indicative of heart beats or muscle or brain activity of said individual, a
`
`
`
`
`
`
`
`
`
`
`
`
`
`temperature sensor adapted to generate data indicative of a temperature of said individual's skin,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`an impedance sensor adapted to generate data indicative of an impedance of said individual’s
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`body, and a pulse rate sensor adapted to generate data indicative of a pulse rate of said
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`individual, said physiological monitoring device generating at least two of said data indicative of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`motion, said data indicative of resistance of said individual's skin to electric current, said data
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`indicative of heat flow, said data indicative of heart beats or muscle or brain activity, said data
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`indicative of a temperature of said individual's skin, said data indicative of impedance, and said
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`data indicative of pulse rate when worn by said individual; said data indicative of a first
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`parameter and said data indicative of a second parameter being generated using said at least two
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`of said data indicative of motion, said data indicative of resistance of said individual's skin to
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`electric current, said data indicative of heat flow, said data indicative of heart beats or muscle or
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`brain activity, said data indicative of a temperature of said individual's skin, said data indicative
`
`
`
`
`
`
`
`
`
`
`
`
`of impedance, and said data indicative of pulse rate.
`
`150.
`
`
`
`
`
`
`
`
`
`
`
`
`(Rejected) A method according to claim 124, said wearable physiological
`
`
`
`
`
`
`
`
`
`monitoring device being part of an armband.
`
`
`
`
`
`803 of 1701
`
`

`
`151.
`
`
`
`
`
`
`
`
`
`
`
`
`(Rejected) A method according to claim 124, said wearable physiological
`
`
`
`
`
`
`
`
`monitoring device being part of a garment.
`
`
`
`152.
`
`
`
`
`
`
`
`
`
`
`
`
`(Rejected) A method according to claim 124, said wearable physiological
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`monitoring device having at least two sensors, said at least two sensors being two of a body
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`motion sensor adapted to generate data indicative of motion, a skin conductance sensor adapted
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`to generate data indicative of the resistance of said individual's skin to electric current, a heat
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`flux sensor adapted to generate data indicative of heat flow, a body potential sensor adapted to
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`generate data indicative of heart beats or muscle or brain activity of said individual, a
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`temperature sensor adapted to generate data indicative of a temperature of said individual's skin,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`an impedance sensor adapted to generate data indicative of an impedance of said individual’s
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`body, and a pulse rate sensor adapted to generate data indicative of a pulse rate of said
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`individual, said physiological monitoring device generating at least two of said data indicative of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`motion, said data indicative of resistance of said individual's skin to electric current, said data
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`indicative of heat flow, said data indicative of heart beats or muscle or brain activity, said data
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`indicative of a temperature of said individual's skin, said data indicative of impedance, and said
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`data indicative of pulse rate when worn by said individual; said data indicative of a first
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`parameter and said data indicative of a second parameter being generated using said at least two
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`of said data indicative of motion, said data indicative of resistance of said individual's skin to
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`electric current, said data indicative of heat flow, said data indicative of heart beats or muscle or
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`brain activity, said data indicative of a temperature of said individual's skin, said data indicative
`
`
`
`
`
`
`
`
`
`
`
`
`of impedance, and said data indicative of pulse rate.
`
`38
`
`
`
`804 of 1701
`
`

`
`
`153-160. (Cancelled)
`
`
`
`161.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Rejected) A method according to claim 113, said at least two sensors being said
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`body motion sensor and said body potential sensor, wherein said derived data comprises data
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`relating to calories burned and is generated using at least said data indicative of motion and
`
`
`
`said data indicative of heart beats.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`162. (Rejected) A method according to claim 118, said at least two sensors being said
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`body motion sensor and said body potential sensor, wherein said derived data comprises data
`
`
`
`relating to calories burned and is generated using at least said data indicative of motion and
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`said data indicative of heart beats.
`
`
`
`
`
`
`
`
`163.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Rejected) A method according to claim 138, said at least two sensors being said
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`body motion sensor and said body potential sensor, wherein said derived data comprises data
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`relating to calories burned and is generated using at least said data indicative of motion and
`
`
`
`said data indicative of heart beats.
`
`
`
`
`
`
`
`
`164.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Rejected) A method according to claim 143, said at least two sensors being said
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`body motion sensor and said body potential sensor, wherein said derived data comprises data
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`relating to calories burned and is generated using at least said data indicative of motion and
`
`
`
`said data indicative of heart beats.
`
`
`
`
`
`
`
`
`
`
`805 of 1701
`
`

`
`165- 166.
`
`
`
`(Cancelled)
`
`
`
`167.
`
`
`
`
`
`
`
`
`
`
`
`(Rejected) A method according to claim 104, further comprising receiving
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`sensor data from one or more sensor devices, said one or more sensor devices measuring said
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`sensor data from the individual, and using said sensor data in addition to said data indicative of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`a first parameter and said data indicative of a second parameter to calculate said quantitative
`
`
`
`status information.
`
`
`
`
`
`168- 170. (Cancelled)
`
`
`
`171.
`
`
`
`(Rejected)
`
`
`
`
`
`
`
`
`
`
`
`
`
`A method according to claim 104, further comprising the step of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`generating derived data from at least one of said data indicative of a first parameter and said
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`data indicative of a second parameter, wherein said quantitative status information indicative of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`the relative degree of achievement of said individual’s performance with relation to said
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`physiological status goal is calculated from at least said derived data.
`
`
`172.
`
`(Rejected)
`
`
`
`
`
`
`
`
`
`
`
`
`
`A method according to claim 124, further comprising the step of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`generating derived data from at least one of said data indicative a first parameter and said data
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`indicative of a second parameter, wherein said quantitative status information indicative of the
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`relative degree of achievement of said individual’s performance with relation to said
`
`
`
`
`
`
`
`
`
`
`
`
`
`physiological status goal is calculated from at least said derived data.
`
`
`
`173- l 74.
`
`
`
`(Cancelled)
`
`
`
`
`
`806 of 1701
`
`

`
`175.
`
`
`
`(Rejected)
`
`
`
`
`
`
`
`
`
`
`
`
`
`A method according to Claim 104 wherein said step of calculating,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`from said first and second parameters, quantitative status information indicative of the relative
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`degree of achievement of said individual’s performance with relation to said physiological status
`
`
`
`
`
`
`
`
`
`
`
`
`
`goal further comprises using said life activities data in said calculation.
`
`
`
`176.
`
`
`
`(Rejected)
`
`
`
`
`
`
`
`
`
`
`
`
`
`A method according to Claim 124 further comprising the step of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`receiving data related to said individua1’s life activities, and wherein said step of calculating,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`from said first and second parameters, quantitative status information indicative of the relative
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`degree of achievement of said individual’s performance with relation to said physiological status
`
`
`
`
`
`
`
`
`
`
`
`
`
`goal fiirther comprises using said life activities data in said calculation.
`
`
`
`177.
`
`
`
`(Rejected)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`A method according to Claim 104 further comprising the step of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`commutating said data indicative of said first and second parameters to a central monitoring unit,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`and wherein said step of calculating, from said first and second parameters, quantitative status
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`information indicative of the relative degree of achievement of said individual’s performance
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`with relation to said physiological status goal is performed by said central monitoring unit.
`
`
`
`178.
`
`
`
`(Rejected)
`
`
`
`
`
`
`
`
`
`
`
`
`
`A method according to Claim 124 further comprising the step of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`commutating said data indicative of said first and second parameters to a central monitoring unit,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`and wherein said step of calculating, from said first and second parameters, quantitative status
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`information indicative of the relative degree of achievement of said individua1’s performance
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`with relation to said physiological status goal is performed by said central monitoring unit.
`
`
`
`
`
`807 of 1701
`
`

`
`
`
`179.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Rejected) A method according to claim 104, said data indicative of a first
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`parameter and said data indicative of a second parameter comprising at least two of data
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`indicative of resistance of said individual's skin to electric current, data indicative of heat flow of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`said individual, data indicative said individual’s brain activity, data indicative of a temperature of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`said individual's skin, said data indicative of impedance of said individual, data indicative of said
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`individual’s respiration, data indicative of said individual’s body conductance, data indicative of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`said individual’s body resistance, data indicative of said individual’s body potential, data
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`indicative of said individual’s blood pressure, data indicative of said individual’s oxygen
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`consumption, data indicative of said individual’s body chemistry sensors, and indicative of said
`
`
`
`
`
`
`individual’s body position sensors.
`
`
`
`180.
`
`
`
`(Rejected)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`A method according to claim 124, said data indicative of a first
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`parameter and said data indicative of a second parameter comprising at least two of data
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`indicative of resistance of said individual's skin to electric current, data indicative of heat flow of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`said individual, data indicative said individual’s brain activity, data indicative of a temperature of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`said individual's skin, said data indicative of impedance of said individual, data indicative of said
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`individual’s respiration, data indicative of said individual’s body conductance, data indicative of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`said individual’s body resistance, data indicative of said individual’s body potential, data
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`indicative of said individual’s blood pressure, data indicative of said individual’s oxygen
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`consumption, data indicative of said individual’s body chemistry sensors, and indicative of said
`
`
`
`
`
`
`individual’s body position sensors.
`
`
`
`
`
`808 of 1701
`
`

`
`
`
`181.
`
`
`
`(Rejected)
`
`
`
`
`
`
`
`
`
`
`
`
`
`A method according to claim 104 wherein said life activities are
`
`
`
`
`
`manually entered.
`
`182.
`
`
`
`(Rejected)
`
`
`
`
`
`
`
`
`
`
`
`
`
`A method according to claim 124 wherein said life activities are
`
`
`
`
`
`manually entered.
`
`
`
`809 of 1701
`
`

`
`
`
`
`
`
`
`_
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trndcmark Ofllcc
`
`
`
`
`Addnss: COMMISSIONER FOR PATENTS
`
`
`
`
`
`
`Po. Box 1450
`
`
`
`
`Alexandria, V‘
`'nia 213) )-I450
`
`WWW-MW“?-E0
`
`
`
`
`
`
`
`
`
`
`APPLICATION NO.
`
`
`09/595.660
`
`
`
`FILING DATE
`
`
`06/I6/2000
`
`
`FIRST NAMED INVENTOR
`
`
`
`Eric Teller
`
`
`
`ATTORNEY DOCKET NO.
`
`
`
`I I48/015
`
`
`
`CONFIRMATION NO.
`
`
`2830
`
`
`
`07/12/2005
`
`
`2336!
`7590
`
`
`
`
`
`METZ LEWIS, LLC
`ll STANWIX STREET
`
`
`
`
`
`18TH noon
`
`
`
`PITTSBURGH, PA 15222
`
`EXAMINER
`
`PASS. NATALIE
`
`
`
`
`
`
`3626
`
`DATE MAILED: 07/12/2005
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`mmc (Rem mm)
`
`
`
`
`
`
`
`Exhibit A
`
`
`
`Appeal - Application Ser. N0. 09/595,660
`
`
`
`810 of 1701
`
`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Applicant(s)
`
`TELLER ET AL.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`All participants (applicant, applicant's representative, PTO personnel):
`
`
`
`
`
`
`
`
`
`(1) Natalie A. Pass.
`
`(3)Josegh Thomas.
`
`
`
`(2)BarggFriedman(Reg. No.33695l.
`
`Date of Interview: 19/5/05 & 24/5/05.6
`
`adv O.§ (4)./ohnManocelloJohnStivoric.
`
`Type: a) Telephomc
`b)['_'] Video Conference
`c)D Personal [copy given to: 1)[:] applicant
`
`
`
`
`
`Exhibit shown or demonstration conducted:
`d)[:| Yes
`
`
`
`
`
`
`If Yes, brief description:
`'
`.
`
`
`
`2)[] applicant's represen
`e)® No.
`
`|
`
`
`
`
`
`
`Claim(s) discussed: 104 in particular and all of record in general.
`
`
`
`
`
`
`
`’
`][ JUL
`
`‘
`
`4
`l 2005
`
`;
`!
`
`..,_ __......_—-H 4.»..- ...w---
`
`
`
`
`
`
`
`identification of prior art discussed: Brown300 in particular and all of record in general.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Agreement with respect to the claims f)l:l was reached. g)l:] was not reached. ME N/A.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Substance of Interview including description of the general nature of what was agreed to if an agreement was
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`reached. or any other comments: See Continuation Sheet.
`
`
`
`
`
`
`
`
`
`
`
`(A fuller description, if necessary, and a copy of the amendments which the examiner agreed would render the claims
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`allowable, if available, must be attached. Also, where no copy of the amendments that would render the claims
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`allowable is available, a summary thereof must be attached.)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`SUPE VISORY PATENT EXAMINER
`
`
`TECHNOLOGY CENTER 3600
`
`
`
`
`Examiner Note: You must sign this fonn unless it is an
`
`
`
`
`
`
`
`
`
`
`
`
`Attachment to a signed Office action.
`
`
`
`
`
`
`us. Patent and Trademark Orifice
`
`
`
`PTOL-413 (Rev. 04-03)
`
`Exhibit A
`ca on e _
`}nterv aw Summary
`
`‘
`
`Examin r'
`'
`
`signature, if required
`
`Paper No. 05242005
`
`
`
`
`811 of 1701
`
`

`
`
`
`if '4
`r"
`
`
`
`
`Summary of Record of Interview Requirements
`
`
`
`
`
`
`
`
`Manual of Patent Examlnlng Procedure (MPEP). Section 713.04, Substance of interview Must be Made of Record
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`A complete written statement as to the substance ol any tace—to—tace. video conference, or telephone interview with regard to an application must be made of record in the
`
`
`
`
`
`
`
`
`
`
`application whether or not an agreement with the examiner was readied at the Interview.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Title 37 Code of Federal Regulations (CFR) § 1.133 Interviews
`
`
`
`
`
`
`
`
`Paragraph (b)
`
`
`
`
`
`
`
`
`
`
`
`
`
`In every instance where reconsideration is requested in view of an interview with an examiner. a complete written statement of the reasons presented at the interview as
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`warranting favorable action must be filed by the applicant. An interview does not remove the necessity (or reply to Office action as specified in §§ 1.111, 1.135. (35 U.S.C. 132)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`37 CFR §1 .2 Business to be transacted in writing.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`All business with the Patent or Trademark Offloe should be transacted in writing. The personal attendance of applicants or their attorneys or agents at the Patent and
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Trademark Office is unnecessary. The action of the Patent and Trademark Office will be based exclusively on the written record in the Office. No attention will be paid to
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`The action ot the Patent and Trademark Offioe cannot be based exclusively on the written record in the Office if that record is itself
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`incomplete through the failure to record the substance of interviews.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`It is the responsibility of the applicant or the attorney or agent to make the substance of an interview of record in the application file, unless
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`the examiner indicates he or she will do so.
`It is the examiner's responsibility to see that such a record is made and to correct material inaccuracies
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`which bear directly on the question of patentability.
`
`
`
`
`
`
`Examiners must com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`be given an appropriate Paper No., placed in the right hand
`
`
`
`
`
`
`
`
`
`
`
`
`
`in a personal interview, a duplicate of the Form is
`‘Contents’ section of the file wrapper.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`'
`conclusion of the interview.
`In the case of a telepho
`'
`
`
`
`
`
`
`
`
`
`
`
`
`either with or prior to the next otficial communicatio
`
`
`
`
`
`
`
`
`
`
`circumstances dictate. the Form should be mailed
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`The Form provides for recordation of the following information:
`
`
`
`
`
`
`Application Number (Series Code and Serial Number)
`
`
`
`
`
`Name of applicant
`
`
`
`Name of examiner
`
`
`
`Date of interview
`
`
`
`
`
`
`
`Type of interview (telephonic, video-conference, or personal)
`
`
`
`
`
`
`
`Name of participant(s) (applicant, attorney or agent. examiner, other PTO personnel, etc.)
`
`
`
`
`
`
`
`
`
`
`
`
`
`An indication whether or not an exhibit was shown or a demonstration conducted
`
`
`
`
`
`
`
`An identification of the specific prior art discussed
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`unless it includes, or is suppl
`
`
`
`substance of the interview.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`A complete and proper recordation of the substance of any interview should include at least the following applicable items:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1) A brief description of the nature of any exhibit shown or any demonstration conducted.
`
`
`
`
`
`
`
`
`2) an identification of the claims discussed,
`
`
`
`
`
`
`
`
`
`
`3) an identification of the specific prior art discussed,
`
`
`
`
`
`
`
`
`
`
`
`
`4) an identification of the principal proposed amendments of a substantive nature discussed, unless these are already described on the
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`interview Summary Form completed by the Examiner,
`
`
`
`
`
`5) a brief identification of the
`
`
`
`
`
`
`
`
`
`
`
`
`(The identification of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`describe those arguments which he or she teels were or might be pa
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`6) a general indication of any other pertinent matters discussed, and
`
`
`
`
`
`
`
`
`
`
`
`7) if appropriate, the general results or outcome of the interview unless already described in the Interview Summary Form completed by
`
`1 the examiner.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Examiners are expected to carefully review the applicant's record of the substance of an interview.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`accurate, the examiner will give the applicant an extendable one month time period to correct the record.
`
`
`
`
`
`
`
`
`
`
`
`If the record is not complete and
`
`
`
`
`
`
`
`
`Examiner to Check for Accuracy
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`If the claims are allowable for other reasons of record. the examiner should send a letter setting forth the examiners version of the
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`statement attributed to him or her.
`If the record is complete and accurate, the examiner should place the indication, ‘interview Record OK‘ on the
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`paper recording the substance of the interview along with the date aiif ttfieBa,rpirX"s Initials.
`
`
`
`
`
`
`
`X l
`1
`
`
`
`Appeal — Application Ser. N 0. 09/595,660
`
`
`
`
`
`
`
`812 of 1701
`
`

`
`
`
`Continuation Sheet (PTOL-413)
`
`
`
`
`
`
`
`1
`
`Application No. 09/595,660
`
`
`
`
`
`
`
`
`
`Continuation of Substance of interview including description of the general nature of what was agreed to if an
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`agreement was reached, or any other comments: Discussion revolved around Applicant's faxed proposed claim
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`amendments and the applicability of the teachings of the Brown300 reference that had been applied in the Office
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Action rejecting the claim limitations. Applicant pointed out that in light of the proposed amendments reciting
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`.
`"communicating to a recipient" that the teachings of Brown300 no longer applied. After reviewing the Brown300
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`reference in the light of the proposed new claim language Examiners concurred and agreed to withdraw the Brown300
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`reference at such time as the new limitations became of record.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`In addition, Examiner provided Applicant with three references, namely Amano (5914837), Hisano(6808473), and Fitch
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(5730140), that appear to be applicable in analysis of Applicant's invention, and it was suggested that further drafting of
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`claim language to might be made with these references in mind, however an updated, more focused search, which
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`might find more relevant referencess, would be done once the claim language became of record. It was further pointed
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`out to Applicant that any changes to claim language must be supported in the originally filed specification. It is
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`requested that Applicant point to specific page and line numbers of the originally filed specification for support of any
`
`
`
`
`
`
`
`
`
`newly added limitations.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Examiner will reconsider the references in light of claim amendments made of record.
`
`
`
`
`
`
`
`
`
`
`
`Exhibit A
`
`
`
`
`Appeal - Application Ser. No. 09/595,660
`
`
`
`813 of 1701
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`
`
`
`
`Attorney Docket No. 1148/015
`
`
`
`:
`
`.
`
`2
`-
`
`PATENT APPLICATION
`
`
`
`
`SYSTEM FOR MONITORING
`
`
`
`
`
`HEALTH, WELLNESS AND
`FITNESS
`
`
`
`
`AMENDMENT
`
`
`
`
`
`Pittsburgh, Pennsylvania 15222
`
`
`
`
`
`June 15, 2005
`
`
`
`Group Art4Unit 2830
`
`
`
`
`
`
`Examiner Natalie Pass
`
`
`
`
`
`
`
`
`In re application of
`
`
`
`
`
`
`TELLER, ET AL.
`
`
`
`Serial No. 09/595,660
`
`
`
`
`
`
`Filed June 16, 2000
`
`
`
`
`
`
`Mail Stop Amendment
`Commissioner for Patents
`
`
`P.O. Box 1450
`
`
`
`
`
`Alexandria, VA 22313-1450
`
`
`
`
`
`Sir:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Applicant respectfully submits this Response in response to the Office Action mailed on
`
`
`
`December 27, 2004.
`
`
`
`
`
`postage and addressed to: Mail Stop
`-
`‘
`: or Patents, P.O. Box 1450, Alexandria,
`
`VIZ
`
`V
`
`
`
`
`
`
`Appeal - Application. Ser. No. 09/595,660
`
`
`
`814 of 1701
`
`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`12.
`
`13.
`
`14.
`
`15.
`
`16.
`
`17.
`
`18.
`
`19.
`
`N53‘
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`NJ >-I
`
`
`
`
`
`AMENDMENTS TO THE CLAIMS
`
`
`
`
`
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`
`
`
`
`
`
`(Canceled)
`
`
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`‘ (Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Canceled)
`
`
`
`
`(Canceled)
`
`(Canceled)
`
`
`
`_
`_
`
`
`Exhlblt B
`
`
`
`Appeal - Application. Ser. No. 09/595,660
`
`
`
`
`
`815 of 1701
`
`

`
`(Canceled)
`
`
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`
`
`
`
`
`
`
`
`(Canceled)
`
`
`
`(Canceled)
`
`(Canceled)
`
`
`
`
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`
`
`
`
`
`
`
`
`
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`
`
`
`
`
`
`(Canceled)
`
`
`
`
`
`Exhibit B
`
`
`
`Appeal - Application. Ser. No. 09/595,660
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`816 of 1701
`
`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`
`
`
`
`
`
`
`
`
`(Canceled) C
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Canceled)
`
`(Canceled)
`
`
`
`
`
`
`(Canceled)
`
`(Canceled)
`
`
`
`,
`_
`Exhlblt B
`
`
`
`
`
`Appeal - Application. Ser. No. 09/595,660
`
`
`
`
`
`817 of 1701
`
`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`(Canceled)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Canceled)
`
`
`
`_
`_
`
`
`Exhlblt B
`
`
`
`Appeal - Application. Ser. No. 09/595,660
`
`
`
`
`
`818 of 1701
`
`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(Canceled)
`
`
`(Canceled)
`
`
`(Canceled)
`
`
`(Canceled)
`
`
`(Canceled)
`
`
`(Canceled)
`
`
`(Canceled)
`
`
`(Canceled)
`
`
`(Canceled)
`
`
`(Canceled)
`
`
`(Canceled)
`
`
`(Canceled)
`
`
`104.
`
`
`