Office Action 1: Non-Final Rejection (2023-12-08)
Rejection types: 101 - Patent-Eligible Subject Matter, 102 - Lack of Novelty, 103 - Obviousness

CLAIMS:
Application No.: National Stage of PCT/US 19/69160 Docket No.: 37866-639N01US/2018-330-2 AMENDMENTS TO THE CLAIMS

1\. (Original) A system, comprising:
a plurality of sensors, each of the plurality of sensors configured to engage with an article on which a first user is positioned, and each of the plurality of sensors configured to measure force;
a communication module in communication with each of the plurality of sensors, wherein the communication module receives force data transmitted from each of the plurality of sensors;
and an apparatus comprising:
at least one data processor; and
at least one memory storing instructions which, when executed by the at least one data processor, cause the apparatus to at least:
receive, from the communication module, the force data;
transform, in response to a change in the force data indicative of a change in a load on the article and based on a determination of a plurality of physiological sources on the article, the force data from each of the plurality of sensors into a corresponding plurality of physiological signals; and
determine, based on the plurality of physiological signals, a source physiological signal for each of the plurality of physiological sources;
wherein the determination of the source physiological signal for each of the plurality of physiological sources comprises:
separating into components each of the plurality of physiological signals, wherein the components correspond to each of the plurality of physiological sources at each of the plurality of sensors; and
compositing the separated components for each of the plurality of physiological sources, wherein the compositing forms the source physiological signal for each of the plurality of physiological sources.
2\. (Original) The system of claim 1, wherein the determination of the source physiological signal for each of the plurality of physiological sources is based on a model for each of the plurality of physiological sources, wherein each model comprises the components, the Application No.: National Stage of PCT/US19/69160 Docket No.: 37866-639N01US/2018-330-2 components defining a contribution of a respective physiological source to each of the plurality of physiological sources.
3\. (Currently Amended) The system of claim 1 , wherein, based on the determination of the plurality of physiological sources on the article, the physiological signals are based on the force data from at least two of the plurality of sensors.
4\. (Canceled)
5\. (Currently Amended) The system of claim 1 , wherein transforming the force data comprises time-domain and/or frequency-domain filtering the force data to obtain a plurality of respiratory signals corresponding to each of the plurality of sensors.
6\. (Original) The system of claim 5, wherein a source respiratory signal is determined, based on the plurality of respiratory signals, for each of the plurality of physiological sources, and wherein the execution of the instructions further cause the apparatus to at least:
identify, from the source respiratory signal for each of the plurality of physiological sources, one or more respiratory parameters.
7\. (Currently Amended) The system of claim 1 , wherein transforming the force data comprises time-domain and/or frequency-domain filtering the force data to obtain a plurality of ballistocardiogram signals corresponding to each of the plurality of sensors.
8\. (Original) The system of claim 7, wherein a source ballistocardiogram signal is determined, based on the plurality of ballistocardiogram signals, for each of the plurality of physiological sources, and wherein the execution of the instructions further cause the apparatus to at least:
identify, from the source ballistocardiogram signal for each of the plurality of physiological sources, one or more ballistocardiogram parameters.
9\. (Currently Amended) The system of claim 1 , wherein the change in the force data indicative of the change in the load on the article is determined based on identifying the change in the force data greater than a predefined threshold of force for a predefined duration threshold.

Application No.: National Stage of PCT/US 19/69160 Docket No.: 37866-639N01US/2018-330-2

10\. (Currently Amended) The system of claim 1 , wherein the determination of the plurality of physiological sources on the article is based on identification of alterations in the physiological signals transformed from the force data.

11-16. (Canceled) 1215

17\. (Original) A method, comprising:
receiving, by a remote processing device and from a communication module in communication with a plurality of sensors, force data, wherein each of the plurality of sensors is configured to engage with a member of an article on which a first user is positioned, and further wherein each of the plurality of sensors is configured to measure force;
transforming, by the remote processing device and in response to a change in the force data indicative of a change in a load on the article and based on a determination of a plurality of physiological sources on the article, the force data from each of the plurality of sensors into a corresponding plurality of physiological signals; and
determining, by the remote processing device and based on the plurality of physiological signals, a source physiological signal for each of the plurality of physiological sources;
wherein the determination of the source physiological signal for each of the plurality of physiological sources comprises:
separating into components each of the plurality of physiological signals, wherein the components correspond to each of the plurality of physiological sources at each of the plurality of sensors; and
compositing the separated components for each of the plurality of physiological sources, wherein the compositing forms the source physiological signal for each of the plurality of physiological sources.

18\. (Original) The method of claim 17, wherein the determination of the source physiological signal for each of the plurality of physiological sources is based on a model for each of the plurality of physiological sources, wherein each model comprises the components, the components defining a contribution of a respective physiological source to each of the plurality of physiological sources.

Application No.: National Stage of PCT/US 19/69160 Docket No.: 37866-639N01US/2018-330-2

19\. (Currently Amended) The method of claim 17 , wherein, based on the determination of the plurality of physiological sources on the article, the physiological signals are based on the force data from at least two of the plurality of sensors.

20\. (Canceled)

21\. (Currently Amended) The method of claim 17 , wherein transforming the force data comprises time-domain and/or frequency-domain filtering the force data to obtain a plurality of respiratory signals corresponding to each of the plurality of sensors.

22\. (Original) The method of claim 21, wherein a source respiratory signal is determined, based on the plurality of respiratory signals, for each of the plurality of physiological sources, and wherein the method further comprises:
identifying, from the source respiratory signal for each of the plurality of physiological sources, one or more respiratory parameters.

23\. (Currently Amended) The method of claim 17 , wherein transforming the force data comprises time-domain and/or frequency-domain filtering the force data to obtain a plurality of ballistocardiogram signals corresponding to each of the plurality of sensors.

24\. (Original) The method of claim 23, wherein a source ballistocardiogram signal is determined, based on the plurality of ballistocardiogram signals, for each of the plurality of physiological sources, and wherein the method further comprises:
identifying, from the source ballistocardiogram signal for each of the plurality of physiological sources, one or more ballistocardiogram parameters.

25\. (Currently Amended) The method of claim 17 , wherein the change in the force data indicative of the change in the load on the article is determined based on identifying the change in the force data greater than a predefined threshold of force for a predefined duration threshold.

Application No.: National Stage of PCT/US 19/69160 Docket No.: 37866-639N01US/2018-330-2

26\. (Currently Amended) The method of claim 17 , wherein the determination of the plurality of physiological sources on the article is based on identification of alterations in the physiological signals transformed from the force data.

27-30. (Canceled) 2829

31\. (Original) An apparatus, comprising:
at least one data processor; and
at least one memory storing instructions which, when executed by the at least one data processor, cause the apparatus to at least:
receive, from a communication module in communication with a plurality of sensors, force data, wherein each of the plurality of sensors is configured to engage with a member of an article on which a first user is positioned, and further wherein each of the plurality of sensors is configured to measure force;
transform, in response to a change in the force data indicative of a change in a load on the article and based on a determination of a plurality of physiological sources on the article, the force data from each of the plurality of sensors into a corresponding plurality of physiological signals; and
determine, based on the plurality of physiological signals, a source physiological signal for each of the plurality of physiological sources;
wherein the determination of the source physiological signal for each of the plurality of physiological sources comprises:
separating into components each of the plurality of physiological signals, wherein the components correspond to each of the plurality of physiological sources at each of the plurality of sensors; and
compositing the separated components for each of the plurality of physiological sources, wherein the compositing forms the source physiological signal for each of the plurality of physiological sources.

32-44. (Canceled) 3343

45\. (Original) A non-transitory computer-readable storage medium including program code, which when executed by at least one data processor, causes operations comprising: Application No.: National Stage of PCT/US 19/69160 Docket No.: 37866-639N01US/2018-330-2 receiving, by a remote processing device and from a communication module in communication with a plurality of sensors, force data, wherein each of the plurality of sensors is configured to engage with a member of an article on which a first user is positioned, and further wherein each of the plurality of sensors is configured to measure force;
transforming, by the remote processing device and in response to a change in the force data indicative of a change in a load on the article and based on a determination of a plurality of physiological sources on the article, the force data from each of the plurality of sensors into a corresponding plurality of physiological signals; and
determining, by the remote processing device and based on the plurality of physiological signals, a source physiological signal for each of the plurality of physiological sources;
wherein the determination of the source physiological signal for each of the plurality of physiological sources comprises:
separating into components each of the plurality of physiological signals, wherein the components correspond to each of the plurality of physiological sources at each of the plurality of sensors; and
compositing the separated components for each of the plurality of physiological sources, wherein the compositing forms the source physiological signal for each of the plurality of physiological sources.

46-47. (Canceled)
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OFFICE ACTION:
DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA  35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art.  The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph:
(A)	the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B)	the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C)	the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.  Such claim limitation(s) is/are: “communication module” in claims 1, 17, 31, and 45, and “remote processing device” in claims 17 and 45.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Specifically, the communication module is being interpreted to cover a memory and processor (see [0045]) and equivalents thereof; the remote processing device is being interpreted to cover either a cloud-based server (see [0045]), or may be included within the communication module (see [0046]) and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph, applicant may:  (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA  35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-3, 5-10, 17-19, 21-26, 31, and 45 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception, specifically an abstract idea (mathematical calculations and/or mental processes of transforming and demixing signals) without significantly more.
Step 1
Regarding claims 1-3, 5-10, 17-19, 21-26, 31, and 45, the claimed invention is directed to statutory subject matter.
Step 2A, Prong One
Regarding independent claims 1, 17, 31, and 45, the recited steps are directed to mathematical calculations and/or mental processes of performing concepts by a human (see MPEP 2106.04(a)(2) subsections (I) and (III)).
The limitations of “transform/transforming, in response to a change in the force data indicative of a change in a load on the article and based on a determination of a plurality of physiological sources on the article, the force data from each of the plurality of sensors into a corresponding plurality of physiological signals,” “determine/determining, based on the plurality of physiological signals, a source physiological signal for each of the plurality of physiological sources,” “separating into components each of the plurality of physiological signals, wherein the components correspond to each of the plurality of physiological sources at each of the plurality of sensors,” and “compositing the separated components for each of the plurality of physiological sources, wherein the compositing forms the source physiological signal for each of the plurality of physiological sources” are processes, as drafted, that cover mathematical calculations and/or performance of the limitation by a human.
The computations are simple enough to be practically performed in the human mind or through critical thinking. Note that even if most humans would use a physical aid (e.g., pen and paper, a slide rule, or a calculator) to help them complete the recited steps, the use of such physical aid does not negate the mental nature of this limitation. Nor does the recitation of a processor in the claim negate the mental nature of this limitation because the claim here merely uses the processor as a tool to perform the otherwise mental process.
Step 2A, Prong Two
For independent claims 1, 17, 31, and 45, the judicial exception is not integrated into a practical application. In particular, the claims recite the additional elements of “a communication module…,” “at least one data processor…,” “at least one memory…,” and “a remote processing device…” These elements are recited at a high-level of generality and amount to nothing more than parts of a generic computer. Merely including instructions to implement an abstract idea on a computer does not integrate a judicial exception into a practical application. The claims further recite “a plurality of sensors…each of the plurality of sensors configured/is configured to engage with (a member of) an article on which a first user is positioned…each of the plurality of sensors configured/is configured to measure force.” This limitation amounts to nothing more than mere pre-solution activity of data-gathering.
Step 2B
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of sensing force using a plurality of sensors engaged with member(s) of an article on which a user is positioned amounts to no more than mere pre-solution activity of data gathering, which does not amount to an inventive concept. Additionally, using force sensors attached to an article on which a user is positioned is well-understood in the art. For example, in the review article “Ballistocardiography and Seismocardiography: A Review of Recent Advances” by Inan et al., the authors indicate that load cells (i.e., sensors configured to measure force) attached to legs of beds (“configured to engage with a member of an article on which a first user is positioned”) for the purpose of ballistocardiography is known in the art (see section titled “Bed-Based BCG Systems” on pg. 4).
Regarding dependent claims 2-3, 5-10, 18-19, and 21-26, the limitations further define the limitations already indicated as being directed to an abstract idea.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 17-19, 31, and 45 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent Application Publication US-2020/0110194-A1 to Young et al. (hereinafter “Young”).
Regarding claim 1, Young discloses a system (e.g.,  the system of Fig. 2), comprising
a plurality of sensors (Fig. 2 shows a plurality of sensors 106)
each of the plurality of sensors configured to engage with an article on which a first user is positioned (Fig. 1 shows the plurality of sensors engaged with a bed (i.e., an article) on which a user is positioned)
and each of the plurality of sensors configured to measure force ( [0063] states that the sensors may be force sensors and [0030] states that the sensors detect (measure) force)
a communication module in communication with each of the plurality of sensors (e.g.,  the portion of controller 200 that collects signals from sensors 106 described in [0036])
wherein the communication module receives force data transmitted from each of the plurality of sensors ([0036] states that the communication module collects signals from sensors 106, which are configured to measure force)
and an apparatus (Fig. 2 and [0037], e.g., controller 200, cloud based computer 212, and/or off-site controller 214) comprising:
at least one data processor (Fig. 2 and [0037], e.g., the processing components of controller 200, cloud based computer 212, and/or off-site controller 214)
and at least one memory (the instructions for the processing performed by the at least one processor would necessarily be stored on a memory) storing instructions which, when executed by the at least one data processor, cause the apparatus to at least: receive, from the communication module, the force data ([0036-37] indicate that the apparatus receives force data from the communication module)
transform, in response to a change in the force data indicative of a change in a load on the article ([0053] states that load (force) data can be used to determine presence of a subject on a substrate (indicative of a change in a load on the article); [0053] further states that the system can wake up in response to detecting the presence of a subject on the article)
and based on a determination of a plurality of physiological sources on the article ([0034] states that the system can differentiate between two or more bodies (plurality of physiological sources) on the bed (article)),
[transform] the force data from each of the plurality of sensors into a corresponding plurality of physiological signals (micro signals from the load sensors (force data from each of the plurality of sensors) are processed (transformed) to determine a variety of data, such as cardiac and respiratory signals (plurality of physiological signals), see [0042]-[0043])
and determine, based on the plurality of physiological signals, a source physiological signal for each of the plurality of physiological sources ([0034] states that the system can determine cardiac and respiratory signals for multiple people (each of the plurality of physiological sources))
wherein the determination of the source physiological signal for each of the plurality of physiological sources comprises: separating into components each of the plurality of physiological signals wherein the components correspond to each of the plurality of physiological sources at each of the plurality of sensors ([0047]; during superposition analysis, the contribution of each individual source (components of each of the plurality of physiological signals at each of the plurality of sensors) is determined)
and compositing the separated components for each of the plurality of physiological sources, wherein the compositing forms the source physiological signal for each of the plurality of physiological sources ([0047]; the resultant responses are added to determine the “true result” (the source physiological signal for each of the plurality of physiological sources)).
Regarding claim 2, Young discloses the system of claim 1, wherein the determination of the source physiological signal for each of the plurality of physiological sources is based on a model for each of the plurality of physiological sources wherein each model comprises the components, the components defining a contribution of a respective physiological source to each of the plurality of physiological sources (the superposition analysis described in [0047] is considered a model for each of the plurality of physiological sources under its broadest reasonable interpretation).
Regarding claim 3, Young discloses the system of claim 1, wherein, based on the determination of the plurality of physiological sources on the article, the physiological signals are based on the force data from at least two of the plurality of sensors (the use of multiple (i.e., at least 2) sensors is necessary to determine cardiac and respiratory signals for multiple people (see [0034]), therefore at least two sensors would be used in the superposition analysis described in [0047]).
Regarding claims 17 and 45, Young teaches a method (e.g., abstract; “…methods for determining item-specific information…”) and a non-transitory computer-readable storage medium including program code, which when executed by at least one data processor, causes operations ([0134] states that the controller can be implemented to follow a computer program (program code) that, when executed, carries out the methods and/or instructions described in the document; the computer program would be stored on a non-transitory computer-readable storage medium), comprising
receiving, by a remote processing device (Fig. 2 and [0037], e.g., the processing components cloud based computer 212, and/or off-site controller 214) and from a communication module (e.g.,  the portion of controller 200 that collects signals from sensors 106 described in [0036]) in communication with a plurality of sensors (Fig. 2 shows a plurality of sensors 106), force data ([0036-37] indicates that the apparatus receives force data from the communication module),
wherein each of the plurality of sensors is configured to engage with a member of an article on which a first user is positioned (Fig. 1 shows the plurality of sensors engaged with a bed, i.e., an article, on which a user is positioned; [0065] states that sensors 412 can be engaged with various articles, including a bed), and further
wherein each of the plurality of sensors is configured to measure force ([0063] states that the sensors may be force sensors and [0030] states that the sensors detect (measure) force);
transforming, by the remote processing device ([0037] states that cloud-based computer 212 or off-site controller 214 (the remote processing device) can perform processing on data (i.e., transforming) from controller 200) and in response to a change in the force data indicative of a change in a load on the article ([0053] states that load (force) data can be used to determine presence of a subject on a substrate (indicative of a change in a load on the article); [0053] further states that the system can wake up in response to detecting the presence of a subject on the article) and based on a determination of a plurality of physiological sources on the article ([0034] states that the system can differentiate between two or more bodies (plurality of physiological sources) on the bed (article)), [transform] the force data from each of the plurality of sensors into a corresponding plurality of physiological signals (micro signals from the load sensors (force data from each of the plurality of sensors) are processed (transformed) to determine a variety of data, such as cardiac and respiratory signals (plurality of physiological signals), see [0042]-[0043]); and
determining, by the remote processing device ([0037] states that cloud-based computer 212 or off-site controller 214 (the remote processing device) can perform processing on the data from controller 200) and based on the plurality of physiological signals, a source physiological signal for each of the plurality of physiological sources ([0034] states that the system can determine cardiac and respiratory signals for multiple people (each of the plurality of physiological sources));
wherein the determination of the source physiological signal for each of the plurality of physiological sources comprises: separating into components each of the plurality of physiological signals wherein the components correspond to each of the plurality of physiological sources at each of the plurality of sensors ([0047]; during superposition analysis, the contribution of each individual source (components of each of the plurality of physiological signals at each of the plurality of sensors) is determined); and
compositing the separated components for each of the plurality of physiological sources, wherein the compositing forms the source physiological signal for each of the plurality of physiological sources ([0047]; the resultant responses are added to determine the “true result” (the source physiological signal for each of the plurality of physiological sources)).
Regarding claim 18, Young teaches the method of claim 17, wherein the determination of the source physiological signal for each of the plurality of physiological sources is based on a model for each of the plurality of physiological sources, wherein each model comprises the components, the components defining a contribution of a respective physiological source to each of the plurality of physiological sources (the superposition analysis described in [0047] is considered a model for each of the plurality of physiological sources under its broadest reasonable interpretation).
Regarding claim 19, Young teaches the method of claim 17, wherein, based on the determination of the plurality of physiological sources on the article, the physiological signals are based on the force data from at least two of the plurality of sensors (the use of multiple (i.e., at least 2) sensors is necessary to determine cardiac and respiratory signals for multiple people (see [0034]), therefore at least two sensors would be used in the superposition analysis described in [0047]).
Regarding claim 31, Young teaches an apparatus (e.g., the apparatus of Fig. 2, including controller 200, cloud based computer 212, and/or off-site controller 214), comprising:
at least one data processor (Fig. 2 and [0037], e.g., the processing components of controller 200, cloud based computer 212, and/or off-site controller 214); and at least one memory (the instructions for the processing performed by the at least one processor would necessarily be stored on a memory) storing instructions which, when executed by the at least one data processor, cause the apparatus to at least: receive, from a communication module (e.g.,  the portion of controller 200 that collects signals from sensors 106 described in [0036]) in communication with a plurality of sensors (Fig. 2 shows a plurality of sensors 106), force data ([0036-37] indicate that the apparatus receives force data from the communication module), wherein each of the plurality of sensors is configured to engage with a member of an article on which a first user is positioned (Fig. 1 shows the plurality of sensors engaged with a bed, i.e., an article, on which a user is positioned), and further
wherein each of the plurality of sensors is configured to measure force ([0063] states that the sensors may be force sensors and [0030] states that the sensors detect (measure) force);
transform, in response to a change in the force data indicative of a change in a load on the article ([0053] states that load (force) data can be used to determine presence of a subject on a substrate (indicative of a change in a load on the article); [0053] further states that the system can wake up in response to detecting the presence of a subject on the article) and based on a determination of a plurality of physiological sources on the article ([0034] states that the system can differentiate between two or more bodies (plurality of physiological sources) on the bed (article)), [transform] the force data from each of the plurality of sensors into a corresponding plurality of physiological signals (micro signals from the load sensors (force data from each of the plurality of sensors) are processed (transformed) to determine a variety of data, such as cardiac and respiratory signals (plurality of physiological signals), see [0042]-[0043]); and
determine, based on the plurality of physiological signals, a source physiological signal for each of the plurality of physiological sources ([0034] states that the system can determine cardiac and respiratory signals for multiple people (each of the plurality of physiological sources));
wherein the determination of the source physiological signal for each of the plurality of physiological sources comprises: separating into components each of the plurality of physiological signals, wherein the components correspond to each of the plurality of physiological sources at each of the plurality of sensors ([0047]; during superposition analysis, the contribution of each individual source (components of each of the plurality of physiological signals at each of the plurality of sensors) is determined); and
compositing the separated components for each of the plurality of physiological sources, wherein the compositing forms the source physiological signal for each of the plurality of physiological sources ([0047]; the resultant responses are added to determine the true result (the source physiological signal for each of the plurality of physiological sources)).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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 prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary.  Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 5-8 and 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Young in view of US Patent Application Publication US-2005/0124864-A1 to Mack et al. (hereinafter “Mack”).
Regarding claims 5 and 21, Young discloses the system of claim 1 and the method of claim 17. Although Young discloses time-domain and/or frequency-domain filtering the force data to obtain a plurality of respiratory signals corresponding to each of the plurality of sensors, that feature does not appear to be explicitly supported by the provisional application (‘613 to which Young claims domestic benefit).
However, Mack teaches a system that transforms force data (input signal 705) into respiratory signals (chest movement output signal 740) using frequency-domain filtering (2nd order band pass filter 725); see [0063] and Fig. 7. Paragraph [0033] states that the vibration sensors, which sense input signal 705, may use load cells, which measure force data.
Mack is considered to be analogous to the claimed invention because they are both within the same field of non-invasive monitoring of physiological signals using sensors attached to articles on which a user is positioned. 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 Young by incorporating the teachings of Mack by utilizing frequency-domain filtering to transform the force data into respiratory signals and to do this for each of the plurality of sensors. Doing so would allow the system to separate respiratory and cardiac output signals from the force data (see Mack [0063]).
Regarding claims 6 and 22, Young in view of Mack discloses the system of claim 5 and the method of claim 21, wherein a source respiratory signal is determined, based on the plurality of respiratory signals, for each of the plurality of physiological sources (Young [0034] states that respiratory signals (a source respiratory signal) are determined for multiple people (i.e., each of the plurality of physiological sources)), and wherein the execution of the instructions further cause the apparatus to at least/the method further comprises: identify/identifying, from the source respiratory signal for each of the plurality of physiological sources, one or more respiratory parameters (Young [0034] states that respiration rate and respiration condition (one or more respiratory parameters) can be determined from the source respiratory signals).
Regarding claims 7 and 23, Young discloses the system of claim 1 and the method of claim 17. Although Young discloses time-domain and/or frequency-domain filtering the force data to obtain a plurality of ballistocardiogram signals corresponding to each of the plurality of sensors, that feature does not appear to be explicitly supported by the provisional application.
However, Mack teaches a system that transforms force data (input signal 705) into ballistocardiogram signals (cardiac output signal 765) using frequency-domain filtering (2nd order low pass filter 745 and/or 3rd order high pass filter 750), see [0064] and Fig. 7. Paragraph [0033] states that the vibration sensors, which sense input signal 705, may use load cells, which measure force data. Mack [0006]  states that ballistocardiography is the study of the cardiac system by measuring forces related to the contraction and relaxation of the heart... The cardiac output signal 765 is considered to be a ballistocardiogram signal because it was created by measuring forces related to heart activity using the vibration sensors.
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 Young by incorporating the teachings of Mack to utilize frequency-domain filtering to transform the force data into ballistocardiogram signals and to do this for each of the plurality of sensors. Doing so would allow the system to separate respiratory and cardiac output signals from the force data (see Mack [0063]).
Regarding claims 8 and 24, Young in view of Mack discloses the system of claim 7 and the method of claim 23, wherein a source ballistocardiogram signal is determined, based on the plurality of ballistocardiogram signals, for each of the plurality of physiological sources (Young [0034] states that cardiac signals (source ballistocardiogram signal) are determined for multiple people (i.e., each of the plurality of physiological sources)), and wherein the execution of the instructions further cause the apparatus to at least/the method further comprises: identify/identifying, from the source ballistocardiogram signal for each of the plurality of physiological sources, one or more ballistocardiogram parameters (Young [0034] states that heart rate, heart condition, and beat to beat variation (one or more ballistocardiogram parameters) can be determined).
Claims 9 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Young in view of US Patent Application Publication US-2020/0146910-A1 to Demirli et al. (hereinafter “Demirli”).
Regarding claims 9 and 25, Young discloses the system of claim 1 and the method of claim 17. Although Young discloses identifying the change in the force data greater than a predefined threshold of force, this feature does not appear to be supported by the provisional application. Further, Young does not disclose a predefined duration threshold.
However, Demirli teaches a sensor integrated into an article that is able to detect the presence of a user (change in the load on the article) based on a change in pressure data (which is force data since pressure is force applied over a given area) greater than a specified (predefined) threshold; see [0053]. Demirli further teaches that the presence of a user can be determined when the presence persists longer than a predefined (e.g.,  10 minutes) threshold period of time (duration); see [0078].
Demirli is considered to be analogous to the claimed invention because they are both within the same field of non-invasive monitoring of physiological signals using sensors attached to articles on which a user is positioned. 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 Young to incorporate the teachings of Demirli by using a predefined force threshold and a predefined duration threshold to determine the change in force data indicative of the change in the load on the article. Doing so would improve the system by allowing it to determine whether a person or object above a certain weight is on the article (see Demirli [0053]) and would provide the ability to use the duration threshold to determine that a user is in bed for the evening (see Demirli [0078]).
Claims 10 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Young in view of US Patent Application Publication US-2014/0371635-A1 to Shinar et al. (hereinafter “Shinar”).
Regarding claims 10 and 26, Young discloses the system of claim 1 and the method of claim 17 and the determination of the plurality of physiological sources on the article ([0034] states that the system can differentiate between two or more bodies (plurality of physiological sources) on the bed (article)). Young does not disclose that the determination is based on identification of alterations in the physiological signals transformed from the force data.
However, in [0110], Shinar teaches a system that determines when one person is out of bed (determination of the plurality of physiological sources on an article) by determining that the detected signals are characteristic of a second person (identification of alterations in physiological signals).
Shinar is considered to be analogous to the claimed invention because they are both within the same field of non-invasive monitoring of physiological signals using sensors attached to articles on which a user is positioned. 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 Young by incorporating the teachings of Shinar by using the physiological signals characteristic of a given user to identify when another user has left the article. Doing so would improve the system's ability to detect which user is on or off of the bed, as noted by Shinar in [0110].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US-5964720-A to Pelz;
US-8731646-B2 to Halperin et al.;
US-8905928-B2 to Hayes et al.


NEXT OFFICE ACTION: DETAILED ACTION
Notice of Pre-AIA  or AIA  Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This office action is responsive to the amendment filed on 6/10/24. As directed by the amendment: claims 1, 6, 17, 22, 31, and 45 have been amended, and claims 5 and 21 have been cancelled. Thus, claims 1-3, 6-10, 17-19, 22-26, 31, and 45 are presently pending in this application.
Response to Arguments
Rejections under 101
Applicant’s arguments with respect to the rejections under 35 U.S.C. 101 have been fully considered and are persuasive. Accordingly, the rejections of the pending claims under 35 U.S.C. 101 have been withdrawn.
Claim Interpretation under 112(f)
Applicant’s arguments with respect to the interpretation of “communication module” and “remote processing device” under 112(f) has been fully considered. Upon further consideration, sufficient structure is recited in the claims to perform the recited functions. Accordingly, the interpretation using 112(f) has been withdrawn and the limitations will be interpreted using the broadest reasonable interpretation.
Prior Art Rejections
Applicant's arguments with respect to the rejections under 35 U.S.C. 102 and 103 have been fully considered but they are not persuasive.
Applicant argues that Mack is silent with respect to “transforming…to obtain a plurality of respiratory signals corresponding to each of the plurality of sensors.” However, Mack is not relied upon for this feature. As stated in the non-final office action, force data from each of the plurality of sensors are processed (i.e., transformed) to determine a variety of data, such as cardiac and respiratory signals, as explained in Young ¶ [0042-0043] (see non-final office action p. 9). Specifically, Young ¶ [0042] states that the “load or other sensors herein utilize macro signals and micro signals and process those signals to determine a variety of data” (emphasis added). Young ¶ [0043] explains that the “variety of data” includes respiratory signals, and that “[respiration] is also detected by the sensors.” The plural sensors indicates that respiratory signals are detected by each sensor, i.e., Young discloses obtaining a plurality of respiratory signals corresponding to each of the plurality of sensors. Additionally, obtaining the plurality of respiratory signals from the raw force data would require processing (i.e., “transforming”). Thus, Young discloses transforming force data to obtain a plurality of respiratory signals corresponding to each of the plurality of sensors.
While Young additionally discloses time-domain and/or frequency domain filtering the force data, this feature does not appear to be explicitly supported by the provisional application (see non-final office action p. 17). Mack is relied upon only for teaching the “transforming the force data [via] time-domain or frequency domain filtering [of] the force data” feature, which is taught in ¶ [0033, 0063] and Fig. 7, see non-final office action p. 17. Mack further teaches in ¶ [0063] and Fig. 7 that the frequency domain filtering is used to separate respiratory and cardiac output signals. Young ¶ [0043] indicates that respiratory and cardiac signals are analyzed separately. In light of these teachings, one of ordinary skill in the art would understand that it would be advantageous to include the frequency domain filtering taught by Mack to allow the system to better separate the respiratory and cardiac output signals.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 6-8, 17-19, 22-24, 31, and 45 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication US-2020/0110194-A1 to Young et al. (hereinafter “Young”) in view of US Patent Application Publication US-2005/0124864-A1 to Mack et al. (hereinafter “Mack”).
Regarding claim 1, Young discloses a system (e.g.,  the system of Fig. 2), comprising
a plurality of sensors (Fig. 2 shows a plurality of sensors 106)
each of the plurality of sensors configured to engage with an article on which a first user is positioned (Fig. 1 shows the plurality of sensors engaged with a bed (i.e., an article) on which a user is positioned)
and each of the plurality of sensors configured to measure force ([0063] states that the sensors may be force sensors and [0030] states that the sensors detect (measure) force)
a communication module in wired (¶ [0036]: “wired”) communication with each of the plurality of sensors (e.g.,  the portion of controller 200 that collects signals from sensors 106 described in [0036])
wherein the communication module receives force data transmitted from each of the plurality of sensors ([0036] states that the communication module collects signals from sensors 106, which are configured to measure force)
and an apparatus (Fig. 2 and [0037], e.g., controller 200, cloud based computer 212, and/or off-site controller 214) comprising:
at least one data processor (Fig. 2 and [0037], e.g., the processing components of controller 200, cloud based computer 212, and/or off-site controller 214)
and at least one memory (the instructions for the processing performed by the at least one processor would necessarily be stored on a memory) storing instructions which, when executed by the at least one data processor, cause the apparatus to at least: receive, from the communication module, the force data ([0036-37] indicate that the apparatus receives force data from the communication module)
transform, in response to a change in the force data indicative of a change in a load on the article ([0053] states that load (force) data can be used to determine presence of a subject on a substrate (indicative of a change in a load on the article); [0053] further states that the system can wake up in response to detecting the presence of a subject on the article)
and based on a determination of a plurality of physiological sources on the article ([0034] states that the system can differentiate between two or more bodies (plurality of physiological sources) on the bed (article)),
[transform] the force data from each of the plurality of sensors into a corresponding plurality of physiological signals (micro signals from the load sensors (force data from each of the plurality of sensors) are processed (transformed) to determine a variety of data, such as cardiac and respiratory signals (plurality of physiological signals), see [0042]-[0043])
and determine, based on the plurality of physiological signals, a source physiological signal for each of the plurality of physiological sources ([0034] states that the system can determine cardiac and respiratory signals for multiple people (each of the plurality of physiological sources))
wherein the determination of the source physiological signal for each of the plurality of physiological sources comprises: separating into components each of the plurality of physiological signals wherein the components correspond to each of the plurality of physiological sources at each of the plurality of sensors ([0047]; during superposition analysis, the contribution of each individual source (components of each of the plurality of physiological signals at each of the plurality of sensors) is determined) and
compositing the separated components for each of the plurality of physiological sources, wherein the compositing forms the source physiological signal for each of the plurality of physiological sources ([0047]; the resultant responses are added to determine the “true result” (the source physiological signal for each of the plurality of physiological sources)) and
transforming the force data to obtain a plurality of respiratory signals corresponding to each of the plurality of sensors (Young ¶ [0042]: the “load or other sensors herein utilize macro signals and micro signals and process [i.e., transform] those signals to determine a variety of data”; ¶ [0043] states “[respiration] is also detected by the sensors.” — the plural sensors indicates that respiratory signals are detected by each sensor, i.e., obtaining a plurality of respiratory signals corresponding to each of the plurality of sensors; further, obtaining the plurality of respiratory signals from the raw force data would require processing, i.e., transforming).
Although Young discloses time-domain and/or frequency-domain filtering, that feature does not appear to be explicitly supported by the provisional application (‘613 to which Young claims domestic benefit). However, Mack teaches a system that transforms force data (input signal 705) into respiratory signals (chest movement output signal 740) using frequency-domain filtering (2nd order band pass filter 725); see ¶ [0063] and Fig. 7. Paragraph ¶ [0033] states that the vibration sensors, which sense input signal 705, may use load cells, which measure force data).
Mack is considered to be analogous to the claimed invention because they are both within the same field of non-invasive monitoring of physiological signals using sensors attached to articles on which a user is positioned. 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 Young and incorporated the teachings of Mack such that transforming the force data to obtain a plurality of respiratory signals corresponding to each of the plurality of sensors comprises time-domain and/or frequency-domain filtering. Doing so would improve the system by allowing it to better separate respiratory and cardiac output signals from the force data, as indicated by Mack ¶ [0063].
Regarding claim 2, Young in view of Mack teaches the system of claim 1, wherein the determination of the source physiological signal for each of the plurality of physiological sources is based on a model for each of the plurality of physiological sources wherein each model comprises the components, the components defining a contribution of a respective physiological source to each of the plurality of physiological sources (the superposition analysis described in Young [0047] is considered a model for each of the plurality of physiological sources under its broadest reasonable interpretation).
Regarding claim 3, Young in view of Mack teaches the system of claim 1, wherein, based on the determination of the plurality of physiological sources on the article, the physiological signals are based on the force data from at least two of the plurality of sensors (the use of multiple (i.e., at least 2) sensors is necessary to determine cardiac and respiratory signals for multiple people (see Young [0034]), therefore at least two sensors would be used in the superposition analysis described in [0047]).
Regarding claim 6, Young in view of Mack teaches the system of claim 5, wherein a source respiratory signal is determined, based on the plurality of respiratory signals, for each of the plurality of physiological sources (Young [0034] states that respiratory signals (a source respiratory signal) are determined for multiple people (i.e., each of the plurality of physiological sources)), and wherein the execution of the instructions further cause the apparatus to at least: identify, from the source respiratory signal for each of the plurality of physiological sources, one or more respiratory parameters (Young [0034] states that respiration rate and respiration condition (one or more respiratory parameters) can be determined from the source respiratory signals).
Regarding claim 7, Young in view of Mack teaches the system of claim 1, wherein transforming the force data comprises obtaining a plurality of ballistocardiogram signals corresponding to each of the plurality of sensors (Young ¶ [0043] states that the “sensors detect the heart beating” based on the force data (see ¶ [0042]); the signals related to heart beating are considered ballistocardiography signals under the broadest reasonable interpretation and the plural sensors indicates that the ballistocardiography signals are detected by each sensor, i.e., obtaining a plurality of ballistocardiography signals corresponding to each of the plurality of sensors; further, obtaining the plurality of ballistocardiography signals from the raw force data would require processing, i.e., transforming).
Although Young discloses time-domain and/or frequency-domain filtering, that feature does not appear to be explicitly supported by the provisional application.
However, Mack also teaches a system that transforms force data (input signal 705) into ballistocardiogram signals (cardiac output signal 765) using frequency-domain filtering (2nd order low pass filter 745 and/or 3rd order high pass filter 750), see [0064] and Fig. 7. Paragraph [0033] states that the vibration sensors, which sense input signal 705, may use load cells, which measure force data. Mack [0006] states that ballistocardiography is the study of the cardiac system by measuring forces related to the contraction and relaxation of the heart... The cardiac output signal 765 is considered to be a ballistocardiogram signal because it was created by measuring forces related to heart activity using the vibration sensors.
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 Young by incorporating the teachings of Mack such that transforming the force data to obtain a plurality of respiratory signals corresponding to each of the plurality of sensors comprises time-domain and/or frequency-domain filtering. Doing so would result in the same improvements as discussed in the rejection of claim 1 (see above, in regards to claim 1).
Regarding claim 8, Young in view of Mack teaches the system of claim 7, wherein a source ballistocardiogram signal is determined, based on the plurality of ballistocardiogram signals, for each of the plurality of physiological sources (Young [0034] states that cardiac signals (source ballistocardiogram signal) are determined for multiple people (i.e., each of the plurality of physiological sources)), and wherein the execution of the instructions further cause the apparatus to at least: identify, from the source ballistocardiogram signal for each of the plurality of physiological sources, one or more ballistocardiogram parameters (Young [0034] states that heart rate, heart condition, and beat to beat variation (one or more ballistocardiogram parameters) can be determined).
Regarding claim 17, Young discloses a method (e.g., abstract; “…methods for determining item-specific information…”), comprising:
receiving, by a remote processing device (Fig. 2 and [0037], e.g., the processing components cloud based computer 212, and/or off-site controller 214) and from a communication module (e.g.,  the portion of controller 200 that collects signals from sensors 106 described in [0036]) in wired (¶ [0036]: “wired”) communication with a plurality of sensors (Fig. 2 shows a plurality of sensors 106), force data ([0036-37] indicates that the apparatus receives force data from the communication module),
wherein each of the plurality of sensors is configured to engage with a member of an article on which a first user is positioned (Fig. 1 shows the plurality of sensors engaged with a bed, i.e., an article, on which a user is positioned; [0065] states that sensors 412 can be engaged with various articles, including a bed), and further
wherein each of the plurality of sensors is configured to measure force ([0063] states that the sensors may be force sensors and [0030] states that the sensors detect (measure) force);
transforming, by the remote processing device ([0037] states that cloud-based computer 212 or off-site controller 214 (the remote processing device) can perform processing on data (i.e., transforming) from controller 200) and in response to a change in the force data indicative of a change in a load on the article ([0053] states that load (force) data can be used to determine presence of a subject on a substrate (indicative of a change in a load on the article); [0053] further states that the system can wake up in response to detecting the presence of a subject on the article) and based on a determination of a plurality of physiological sources on the article ([0034] states that the system can differentiate between two or more bodies (plurality of physiological sources) on the bed (article)), [transform] the force data from each of the plurality of sensors into a corresponding plurality of physiological signals (micro signals from the load sensors (force data from each of the plurality of sensors) are processed (transformed) to determine a variety of data, such as cardiac and respiratory signals (plurality of physiological signals), see [0042]-[0043]); and
determining, by the remote processing device ([0037] states that cloud-based computer 212 or off-site controller 214 (the remote processing device) can perform processing on the data from controller 200) and based on the plurality of physiological signals, a source physiological signal for each of the plurality of physiological sources ([0034] states that the system can determine cardiac and respiratory signals for multiple people (each of the plurality of physiological sources));
wherein the determination of the source physiological signal for each of the plurality of physiological sources comprises: separating into components each of the plurality of physiological signals wherein the components correspond to each of the plurality of physiological sources at each of the plurality of sensors ([0047]; during superposition analysis, the contribution of each individual source (components of each of the plurality of physiological signals at each of the plurality of sensors) is determined); and
compositing the separated components for each of the plurality of physiological sources, wherein the compositing forms the source physiological signal for each of the plurality of physiological sources ([0047]; the resultant responses are added to determine the “true result” (the source physiological signal for each of the plurality of physiological sources)) and
transforming the force data to obtain a plurality of respiratory signals corresponding to each of the plurality of sensors (Young ¶ [0042]: the “load or other sensors herein utilize macro signals and micro signals and process [i.e., transform] those signals to determine a variety of data”; ¶ [0043] states “[respiration] is also detected by the sensors.” — the plural sensors indicates that respiratory signals are detected by each sensor, i.e., obtaining a plurality of respiratory signals corresponding to each of the plurality of sensors; further, obtaining the plurality of respiratory signals from the raw force data would require processing (i.e., transforming).
Although Young discloses time-domain and/or frequency-domain filtering, that feature does not appear to be explicitly supported by the provisional application (‘613 to which Young claims domestic benefit). However, Mack teaches this feature (see above, in regards to claim 1). A substantially similar modification as discussed above can also be made to claim 31, which would result in the same advantages and/or predictable results as indicated above.
Regarding claim 18, see above, in regards to claims 2 and 17.
Regarding claim 19, see above, in regards to claims 3 and 17.
Regarding claim 22, see above, in regards to claims 6 and 17.
Regarding claim 23, see above, in regards to claims 7 and 17.
Regarding claim 24, see above, in regards to claims 8 and 17.
Regarding claim 31, Young discloses an apparatus (e.g., the apparatus of Fig. 2, including controller 200, cloud based computer 212, and/or off-site controller 214), comprising:
at least one data processor (Fig. 2 and [0037], e.g., the processing components of controller 200, cloud based computer 212, and/or off-site controller 214); and at least one memory (the instructions for the processing performed by the at least one processor would necessarily be stored on a memory) storing instructions which, when executed by the at least one data processor, cause the apparatus to at least: receive, from a communication module (e.g.,  the portion of controller 200 that collects signals from sensors 106 described in [0036]) in wired (¶ [0036]: “wired”) communication with a plurality of sensors (Fig. 2 shows a plurality of sensors 106), force data ([0036-37] indicate that the apparatus receives force data from the communication module), wherein each of the plurality of sensors is configured to engage with a member of an article on which a first user is positioned (Fig. 1 shows the plurality of sensors engaged with a bed, i.e., an article, on which a user is positioned), and further
wherein each of the plurality of sensors is configured to measure force ([0063] states that the sensors may be force sensors and [0030] states that the sensors detect (measure) force);
transform, in response to a change in the force data indicative of a change in a load on the article ([0053] states that load (force) data can be used to determine presence of a subject on a substrate (indicative of a change in a load on the article); [0053] further states that the system can wake up in response to detecting the presence of a subject on the article) and based on a determination of a plurality of physiological sources on the article ([0034] states that the system can differentiate between two or more bodies (plurality of physiological sources) on the bed (article)), [transform] the force data from each of the plurality of sensors into a corresponding plurality of physiological signals (micro signals from the load sensors (force data from each of the plurality of sensors) are processed (transformed) to determine a variety of data, such as cardiac and respiratory signals (plurality of physiological signals), see [0042]-[0043]); and
determine, based on the plurality of physiological signals, a source physiological signal for each of the plurality of physiological sources ([0034] states that the system can determine cardiac and respiratory signals for multiple people (each of the plurality of physiological sources));
wherein the determination of the source physiological signal for each of the plurality of physiological sources comprises: separating into components each of the plurality of physiological signals, wherein the components correspond to each of the plurality of physiological sources at each of the plurality of sensors ([0047]; during superposition analysis, the contribution of each individual source (components of each of the plurality of physiological signals at each of the plurality of sensors) is determined); and
compositing the separated components for each of the plurality of physiological sources, wherein the compositing forms the source physiological signal for each of the plurality of physiological sources ([0047]; the resultant responses are added to determine the true result (the source physiological signal for each of the plurality of physiological sources)), and
transforming the force data to obtain a plurality of respiratory signals corresponding to each of the plurality of sensors (Young ¶ [0042]: the “load or other sensors herein utilize macro signals and micro signals and process [i.e., transform] those signals to determine a variety of data”; ¶ [0043] states “[respiration] is also detected by the sensors.” — the plural sensors indicates that respiratory signals are detected by each sensor, i.e., obtaining a plurality of respiratory signals corresponding to each of the plurality of sensors; further, obtaining the plurality of respiratory signals from the raw force data would require processing (i.e., transforming).
Although Young discloses time-domain and/or frequency-domain filtering, that feature does not appear to be explicitly supported by the provisional application (‘613 to which Young claims domestic benefit). However, Mack teaches this feature (see above, in regards to claim 1). A substantially similar modification as discussed above can also be made to claim 31, which would result in the same advantages and/or predictable results as indicated above.
Regarding claim 45, see above, in regards to claim 17. Additionally, Young teaches a non-transitory computer-readable storage medium including program code, which when executed by at least one data processor, causes operations ([0134] states that the controller can be implemented to follow a computer program (program code) that, when executed, carries out the methods and/or instructions described in the document; the computer program would be stored on a non-transitory computer-readable storage medium).
Claims 9 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Young in view of Mack, further in view of US Patent Application Publication US-2020/0146910-A1 to Demirli et al. (hereinafter “Demirli”).
Regarding claim 9, Young in view of Mack teaches the system of claim 1. Although Young discloses identifying the change in the force data greater than a predefined threshold of force, this feature does not appear to be supported by the provisional application. Further, Young does not explicitly disclose a predefined duration threshold.
However, Demirli teaches a sensor integrated into an article that is able to detect the presence of a user (change in the load on the article) based on a change in pressure data (which is force data since pressure is force applied over a given area) greater than a specified (predefined) threshold; see [0053]. Demirli further teaches that the presence of a user can be determined when the presence persists longer than a predefined (e.g.,  10 minutes) threshold period of time (duration); see [0078].
Demirli is considered to be analogous to the claimed invention because they are both within the same field of non-invasive monitoring of physiological signals using sensors attached to articles on which a user is positioned. 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 Young to incorporate the teachings of Demirli by using a predefined force threshold and a predefined duration threshold to determine the change in force data indicative of the change in the load on the article. Doing so would improve the system by allowing it to determine whether a person or object above a certain weight is on the article (see Demirli [0053]) and would provide the ability to use the duration threshold to determine that a user is in bed for the evening (see Demirli [0078]).
Regarding claim 25, see above, in regards to claims 9 and 17.
Claims 10 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Young in view Mack, further in view of US Patent Application Publication US-2014/0371635-A1 to Shinar et al. (hereinafter “Shinar”).
Regarding claim 10, Young in view of Mack teaches the system of claim 1 and the determination of the plurality of physiological sources on the article ([0034] states that the system can differentiate between two or more bodies (plurality of physiological sources) on the bed (article)). Young does not explicitly disclose that the determination is based on identification of alterations in the physiological signals transformed from the force data.
However, in [0110], Shinar teaches a system that determines when one person is out of bed (determination of the plurality of physiological sources on an article) by determining that the detected signals are characteristic of a second person (identification of alterations in physiological signals).
Shinar is considered to be analogous to the claimed invention because they are both within the same field of non-invasive monitoring of physiological signals using sensors attached to articles on which a user is positioned. 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 Young by incorporating the teachings of Shinar by using the physiological signals characteristic of a given user to identify when another user has left the article. Doing so would improve the system's ability to detect which user is on or off of the bed, as noted by Shinar in [0110].
Regarding claim 26, see above, in regards to claims 10 and 17.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action.  Accordingly, THIS ACTION IS MADE FINAL.  See MPEP § 706.07(a).  Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action.  In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action.  In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.

CITED REFERENCE SUMMARIES: Ref US5964720A: Claims:
A system for monitoring of a patient's physiological condition, comprising: means for measuring the mechanical activity of a patient's body, including at least one means for detecting mechanical vibrations and transmitting the same to one or more sensing elements for converting the mechanical vibrations into electric signals; means for transmitting said electric signals; means for processing said electric signals and separating therefrom cardiac, respiration and body movement signals; means for determining the pulse wave propagation rate from said electric signals; means for determining characteristics and parameters of cardiac and respiratory cycles, from said cardiac and respiration signals, respectively as well as for storing and displaying at least a portion of said characteristics and parameters; means for comparing at least one of said determined parameters with a predetermined parameter; and means for actuating an alarm signal when said at least one of said determined parameters exceeds a preset range.
means for measuring the mechanical activity of a patient's body, including at least one means for detecting mechanical vibrations and transmitting the same to one or more sensing elements for converting the mechanical vibrations into electric signals;
means for transmitting said electric signals;
means for processing said electric signals and separating therefrom cardiac, respiration and body movement signals;
means for determining the pulse wave propagation rate from said electric signals;
means for determining characteristics and parameters of cardiac and respiratory cycles, from said cardiac and respiration signals, respectively as well as for storing and displaying at least a portion of said characteristics and parameters;
means for comparing at least one of said determined parameters with a predetermined parameter; and
means for actuating an alarm signal when said at least one of said determined parameters exceeds a preset range.
The system according to claim 1, wherein said means for detecting mechanical vibrations and said sensing element are made as an integral unit.
The system according to claim 2, wherein said means for measuring the mechanical activity of a body comprises at least two sensors.
The system according to claim 3, wherein said sensors are secured to, or made integral with, a common means for detecting mechanical vibrations.
The system according to claim 2, wherein said means for detecting mechanical vibration is incorporated into a pen or any other hand tool.
The system according to claim 1, wherein said means for detecting mechanical vibration comprises a plate or strip-like member.
The system according to claim 6, wherein said plate or strip-like member consists of at least two parts connected by a flexible element.
The system according to claim 6, wherein said plate or strip-like member comprises at least one structural feature of a bed or an armchair.
The system according to claim 6, wherein said plate or strip-like member is incorporated into a piece of bedding.
The system according to claim 6, wherein said plate or strip-like member comprises a floor element.
The system according to claim 1, wherein said means for transmitting mechanical vibrations comprises a string.
The system according to claim 1, wherein said sensing element comprises a crystal.
The system according to claim 12, wherein said crystal is a piezoelectric crystal.
The system according to claim 1, wherein said sensing element comprises piezoelectric ceramics.
The system according to claim 1, wherein said sensing element comprises a piezoelectric film.
The system according to claim 1, wherein said means for signal processing, means for determining the rate of pulse wave propagation, means for determining characteristics and parameters of cardiac and respiratory cycles, means for storing and displaying the characteristics and parameters, means for comparing at least one determined parameter with a predetermined parameter and means for actuating an alarm signal, comprise one of a computer and a microprocessor.
The system according to claim 1, wherein said means for transmitting electric signals comprises a wire, radio or infrared communication device.
A method of monitoring the physiological condition of a patient's body, comprising the steps of: obtaining signals representing the mechanical activity and movement of the body from two or more detecting and sensing means not secured to the body and spaced apart from each other; removing signals associated with the movements of the body from the obtained signals; separating signals possibly associated with cardiac and/or respiratory activity from the obtained signals; determining propagation rates of the pulse waves of cardiac and respiration activities by determining the shift of the obtained cardiac and respiration signals; comparing the signals representing propagation rates with propagation rate signals obtained from an earlier measurement of the same body; removing those signals which are not characteristic of the wave propagation rates of said body; determining the cardiac and respiratory rhythm parameters from the remaining signals; comparing said parameters with parameters obtained from an earlier measurement of the same body, as well as with predetermined parameters; separating and removing parameters which differ from said predetermined parameters; storing, displaying and comparing the separated parameters with parameters obtained from said earlier measurements, and generating an alarm when one of the parameters exceeds a preset range.
obtaining signals representing the mechanical activity and movement of the body from two or more detecting and sensing means not secured to the body and spaced apart from each other;
removing signals associated with the movements of the body from the obtained signals;
separating signals possibly associated with cardiac and/or respiratory activity from the obtained signals;
determining propagation rates of the pulse waves of cardiac and respiration activities by determining the shift of the obtained cardiac and respiration signals;
comparing the signals representing propagation rates with propagation rate signals obtained from an earlier measurement of the same body;
removing those signals which are not characteristic of the wave propagation rates of said body;
determining the cardiac and respiratory rhythm parameters from the remaining signals;
comparing said parameters with parameters obtained from an earlier measurement of the same body, as well as with predetermined parameters;
separating and removing parameters which differ from said predetermined parameters;
storing, displaying and comparing the separated parameters with parameters obtained from said earlier measurements, and
generating an alarm when one of the parameters exceeds a preset range.
A method according to claim 1, further comprising the step of detecting and measuring signals associated with external vibrations and/or snoring.
A method according to claim 19, wherein the components known to be associated with external vibrations or snoring are measured by at least one additional measuring means.
Ref US20050124864A1: Claims:
A non-invasive system for assessing physiological characteristics of a subject, said system comprising: a network of sensors configured to provide electronic output signals indicative of at least one sensed condition, said network including at least one passive sensor selected from the group consistently of vibration, temperature, carbon dioxide, humidity, electromagnetic and light sensors; data acquisition circuitry for collecting the electronic signals output from said network of sensors; a processor configured to process the electronic signals, said processor including an amplifier configured to amplify at least one of the electronic signals, and first and second filters configured to receive the amplified electronic signals to produce two processed electronic signals, wherein said first filter includes a band pass filter and said second filter includes a low pass filter and a high pass filter; and an output device for outputting the processed signals into human-readable data indicative of at least one condition of a subject. 2. The system of claim 1 wherein said system is adapted to assess the quality of sleep of a subject and wherein: said data acquisition circuitry is configured to collect the electronic signals output from said network of sensors indicative of heart rate and/or respiratory rate; said first filter receives signals indicative of chest movement and said second filter receives signals indicative of heart movement; and said processor includes an algorithm to generate a heart rate and a respiratory rate based on processed electronic signals output at or below about 50 Hz. 3. The system of claim 2, wherein: said band pass filter comprises a second order band pass filter, an active filter and a filter with both cutoff frequencies below about 1 Hz; said low pass filter comprises a second order low pass filter, an active filter and a filter with a cutoff frequency below about 1 Hz; and said high pass filter is a third order high pass filter, an active filter and has a cutoff frequency below about 50 Hz. 4. The system of claim 1, further comprising a microcontroller for converting the collected electronic signals into a bit stream to be logged into a data file for immediate analysis or for later review. 5. The system of claim 1, wherein said network of sensors includes at least one detector for sensing motion, the bit stream includes electronic signals from said at least detector and said processor processes the bit stream to provide a positional map of the subject. 6. The system of claim 5, wherein said at least one detector comprises a matrix of pressure-sensitive contact switches that are embedded in a mattress pad, block of foam, bed sheet, or a chair, said matrix providing electronic signals corresponding to a positional map of the subject. 7. The system of claim 1, wherein said amplifier comprises an instrumentation amplifier that provides buffering from said network of sensors and an infinite common mode rejection ratio. 8. The system of claim 1, wherein said first filter outputs a first signal corresponding to a respiratory rate on a breath-by-breath basis of the subject and said second filter outputs a second signal corresponding to a heart rate on a beat-by-beat basis of the subject. 9. The system of claim 1, wherein at least some of the sensors are passive sensors requiring no active involvement from the subject and no direct attachment to the subject. 10. The system of claim 9, wherein all of the sensors are passive sensors requiring no active involvement from the subject and no direct attachment to the subject. 11. The system of claim 1, wherein human-readable data comprises at least one of a heart rate waveform and a respiratory waveform. 12. The system of claim 1, wherein the human-readable data comprises an obstructive sleep apnea count. 13. The system of claim 1, wherein human-readable data comprises a subject movement percentage. 14. The system of claim 1, wherein said network of sensors further comprises a movable support including at least one of said sensors. 15. The system of claim 1, wherein human-readable data comprises electromagnetic information. 16. The system of claim 1, wherein at least part of the system is incorporated in one of a mattress pad or pillow, a bed or chair at a sleep lab, a bed or chair at an elder care facility, a bed or chair at a hospital for children or adults, a bed or baby support at a prenatal care facility, and a publicly available health monitoring station. 17. A non-invasive system for assessing physiological characteristics of a subject, said system comprising: means for passively detecting physiological characteristics and providing electronic output signals indicative of at least one sensed condition, the physiological characteristics including at least one characteristic selected from the group consisting of vibration, temperature, relative humidity, carbon dioxide, electromagnetic and light; means for collecting the electronic signals output from said passive detection means; means for processing the electronic signals, including: means for amplifying at least one of the electronic signals; first means for filtering the amplified electronic signal to generate a first processed signal; and second means for filtering the amplified signal to generate a first processed signal; and means for outputting the processed signals into human-readable data indicative of at least one condition of a subject. 18. The system of claim 17, wherein the first processed signal corresponds to a respiratory rate on a breath-by-breath basis of the subject and the second processed signal corresponds to the heart rate on a beat-by-beat basis of the subject. 19. A method of analyzing physiological characteristics of a subject including cardiac and/or respiratory parameters on a beat-by-beat or breath-by-breath basis, said method comprising the steps of: passively detecting physiological characteristics through a network of sensors requiring no conscious input by the subject and being capable of providing electronic output signals indicative of a sensed condition, the network including at least one sensor selected from the group consisting of vibration, position, temperature, relative humidity, carbon dioxide, electromagnetic and light sensors; collecting the electronic signals output from the network of sensors; processing the electronic signals such that at least one of the electronic signals is amplified and fed to first and second filters to produce two processed electronic signals, wherein the first filter includes a band pass filter and the second filter includes a low pass filter and a high pass filter; and outputting the processed signals into human-readable format. 20. The method of claim 19, further comprising processing the processed electronic signals to generate a heart rate and a respiratory rate. 21. The method of claim 19, further comprising converting the collected electronic signals into a bit stream to be logged into a data file for immediate analysis or for later review. 22. The method of claim 21, further comprising processing the bit stream to provide a positional map of the subject relative to the network of sensors. 23. The method of claim 19, wherein the step of amplifying the at least one electronic signal comprises amplifying using an instrumentation amplifier that provides buffering from the network of sensors and an infinite common mode rejection ratio. 24. The method of claim 19, wherein said processing step further comprises the first filter outputting a first signal corresponding to a respiratory rate on a breath-by-breath basis of the subject and the second filter outputting a second signal corresponding to the heart rate on a beat-by-beat basis of the subject. 25. The method of claim 19, wherein the processed signals correspond to at least one of a heart rate waveform and a respiratory waveform. 26. The method of claim 19, wherein the processed signals correspond to an obstructive sleep apnea count. 27. The method of claim 19, wherein the processed signals correspond to a subject movement percentage.
A non-invasive system for assessing physiological characteristics of a subject, said system comprising: a network of sensors configured to provide electronic output signals indicative of at least one sensed condition, said network including at least one passive sensor selected from the group consistently of vibration, temperature, carbon dioxide, humidity, electromagnetic and light sensors; data acquisition circuitry for collecting the electronic signals output from said network of sensors; a processor configured to process the electronic signals, said processor including an amplifier configured to amplify at least one of the electronic signals, and first and second filters configured to receive the amplified electronic signals to produce two processed electronic signals, wherein said first filter includes a band pass filter and said second filter includes a low pass filter and a high pass filter; and an output device for outputting the processed signals into human-readable data indicative of at least one condition of a subject.
The system of claim 1 wherein said system is adapted to assess the quality of sleep of a subject and wherein: said data acquisition circuitry is configured to collect the electronic signals output from said network of sensors indicative of heart rate and/or respiratory rate; said first filter receives signals indicative of chest movement and said second filter receives signals indicative of heart movement; and said processor includes an algorithm to generate a heart rate and a respiratory rate based on processed electronic signals output at or below about 50 Hz.
The system of claim 2, wherein: said band pass filter comprises a second order band pass filter, an active filter and a filter with both cutoff frequencies below about 1 Hz; said low pass filter comprises a second order low pass filter, an active filter and a filter with a cutoff frequency below about 1 Hz; and said high pass filter is a third order high pass filter, an active filter and has a cutoff frequency below about 50 Hz.
The system of claim 1, further comprising a microcontroller for converting the collected electronic signals into a bit stream to be logged into a data file for immediate analysis or for later review.
The system of claim 1, wherein said network of sensors includes at least one detector for sensing motion, the bit stream includes electronic signals from said at least detector and said processor processes the bit stream to provide a positional map of the subject.
The system of claim 5, wherein said at least one detector comprises a matrix of pressure-sensitive contact switches that are embedded in a mattress pad, block of foam, bed sheet, or a chair, said matrix providing electronic signals corresponding to a positional map of the subject.
The system of claim 1, wherein said amplifier comprises an instrumentation amplifier that provides buffering from said network of sensors and an infinite common mode rejection ratio.
The system of claim 1, wherein said first filter outputs a first signal corresponding to a respiratory rate on a breath-by-breath basis of the subject and said second filter outputs a second signal corresponding to a heart rate on a beat-by-beat basis of the subject.
The system of claim 1, wherein at least some of the sensors are passive sensors requiring no active involvement from the subject and no direct attachment to the subject.
The system of claim 9, wherein all of the sensors are passive sensors requiring no active involvement from the subject and no direct attachment to the subject.
The system of claim 1, wherein human-readable data comprises at least one of a heart rate waveform and a respiratory waveform.
The system of claim 1, wherein the human-readable data comprises an obstructive sleep apnea count.
The system of claim 1, wherein human-readable data comprises a subject movement percentage.
The system of claim 1, wherein said network of sensors further comprises a movable support including at least one of said sensors.
The system of claim 1, wherein human-readable data comprises electromagnetic information.
The system of claim 1, wherein at least part of the system is incorporated in one of a mattress pad or pillow, a bed or chair at a sleep lab, a bed or chair at an elder care facility, a bed or chair at a hospital for children or adults, a bed or baby support at a prenatal care facility, and a publicly available health monitoring station.
A non-invasive system for assessing physiological characteristics of a subject, said system comprising: means for passively detecting physiological characteristics and providing el
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