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 .
Status of Claims
This action is a final rejection
Claims 1-33 are pending
Claims 1, 22, 28 were amended
Claims 1-33 are rejected under 35 USC § 101
Priority
Acknowledgement is made of Applicant’s claim for a domestic priority date of 2-13-2019
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 1-33 are not patent eligible because the claimed invention is directed to an abstract idea without significantly more.
Analysis
First, claims are directed to one or more of the following statutory categories: a process, a machine, a manufacture, and a composition of matter. Regarding claims 1-33 the claims recite an abstract idea of biological data tracking.
Independent Claim 1 is rejected under 35 U.S.C 101 based on the following analysis.
-Step 1 (Does the claim fall within a statutory category? YES): claim 1 recites a biological data tracking system.
-Step 2A Prong One (Does the claim fall within at least one of the groupings of abstract ideas?: YES): The claimed invention:
A biological, data tracking system comprising:
receive one or more data streams …, and display, …, one or more data readings derived from, at least in part, the streamed data, and audio, image, and/or video data
process and integrate data from multiple sources including biological data from at least one of audio, image, and/or video data for comprehensive biological data evaluation and/or monitoring, and derive one or more insights
belonging to the grouping of mental processes under concepts performed in the human mind (including an observation, evaluation, judgement, opinion) as it recites biological data tracking. Alternatively, the selected abstract idea belongs to the grouping of certain methods of organizing human activity under managing personal behavior or relationships or interactions between people as it recites “biological data tracking” (refer to MPP 2106.04(a)(2)). Accordingly this claim recites an abstract idea.
-Step 2A Prong Two (Are there additional elements in the claim that imposes a meaningful limit on the abstract idea? NO). Claim 1 recites:
one or more wireless communication-enabled data sensors for measuring various metrics and wirelessly transmitting the measurements to a computing device;
one or more audio and/or optical sensors configured to provide audio, image, and/or video data;
a computing device including a network connection and a browser application;
and a connection application that is downloadable and executing within the browser application, the connection application configured to: establish one or more wireless communication links with each of the one or more wireless communication-enabled data sensors wherein one or more communication links are further established with the one or more audio and/or optical sensors;
from the one or more wireless communication-enabled data sensors and from the one or more audio and/or optical sensors;
transmit one or more commands to the one or more wireless communication- enabled data sensors and the one or more audio and/or optical sensors, wherein the one or more sensors are programmed to take one or more actions based on the one or more commands;
via the browser application, the browser application being further configured to enable third-party access to display information, wherein: the one or more data readings are derived from data streams from two or more different sensors;
the biological data tracking system being further configured to: at least in part, from the one or more wireless communication-enabled data sensors and the one or more audio and/or optical sensors;
wherein the computing device is configured for receiving and processing data directly from the one or more wireless communication-enabled data sensors and the one or more audio and/or optical sensors using the connection application;
Amounting to mere instructions to implement an abstract idea on a computer, or merely use a computer as a tool to implement the abstract idea. Support for the use of mere instructions to implement the abstract idea or the use of a generic computer as a tool to implement the abstract idea can be found in the specification paragraphs [0026-0036], and [0054-0061]. (refer to MPEP 2106.05(f)). Accordingly, the claim as a whole does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
-Step 2B (Does the additional elements of the claim provide an inventive concept?: NO. As discussed previously with respect to Step 2A Prong Two, claim 1 recites:
one or more wireless communication-enabled data sensors for measuring various metrics and wirelessly transmitting the measurements to a computing device;
one or more audio and/or optical sensors configured to provide audio, image, and/or video data;
a computing device including a network connection and a browser application;
and a connection application that is downloadable and executing within the browser application, the connection application configured to: establish one or more wireless communication links with each of the one or more wireless communication-enabled data sensors wherein one or more communication links are further established with the one or more audio and/or optical sensors;
from the one or more wireless communication-enabled data sensors and from the one or more audio and/or optical sensors;
transmit one or more commands to the one or more wireless communication- enabled data sensors and the one or more audio and/or optical sensors, wherein the one or more sensors are programmed to take one or more actions based on the one or more commands;
via the browser application, the browser application being further configured to enable third-party access to display information, wherein: the one or more data readings are derived from data streams from two or more different sensors;
the biological data tracking system being further configured to: at least in part, from the one or more wireless communication-enabled data sensors and the one or more audio and/or optical sensors;
wherein the computing device is configured for receiving and processing data directly from the one or more wireless communication-enabled data sensors and the one or more audio and/or optical sensors using the connection application.
Amounting to mere instructions to implement an abstract idea on a computer, or merely use a computer as a tool to implement the abstract idea. Support for the use of mere instructions to implement the abstract idea or the use of a generic computer as a tool to implement the abstract idea can be found in the specification paragraphs [0026-0036], and [0054-0061]. (refer to MPEP 2106.05(f)) Accordingly, the claim does not provide an inventive concept (significantly more than the abstract idea) and hence the claim is ineligible.
Independent Claim 22 is rejected under 35 U.S.C 101 based on the following analysis.
-Step 1 (Does the claim fall within a statutory category? YES): claim 22 recites a biological data tracking system.
-Step 2A Prong One (Does the claim fall within at least one of the groupings of abstract ideas?: YES): The claimed invention:
A biological data tracking system comprising:
receive one or more data streams … wherein the one or more data streams include audio, image, and/or video data and
display one or more readings derived from, at least in part, the one or more data streams wherein the one or more data streams include at least one of audio, image, and/or video data;
process received streams of data inclusive of audio, image, and/or video data,for computing readings that are derived from at least a portion of the data streams… enabling a multi-dimensional approach to health monitoring and recommendations through integration of biological data that includes at least one of audio, image, and/or video data;
analyze the streamed data through integration of biological data … for extracting one or more health insights and/or providing information related to a future occurrence, an evaluation or calculation of a probability or odds, a strategy, or a mitigation of risk
belonging to the grouping of mental processes under concepts performed in the human mind (including an observation, evaluation, judgement, opinion) as it recites biological data tracking. Alternatively, the selected abstract idea belongs to the grouping of certain methods of organizing human activity under managing personal behavior or relationships or interactions between people as it recites “biological data tracking” (refer to MPP 2106.04(a)(2)). Accordingly this claim recites an abstract idea.
-Step 2A Prong Two (Are there additional elements in the claim that imposes a meaningful limit on the abstract idea? NO). Claim 22 recites:
a connection application, executable within a web browser, programmed to establish one or more wireless communication links with a plurality of wireless communication-enabled sensors and one or more audio and/or optical sensors, …
from the plurality wireless communication enabled sensors and from the one or more audio and/or optical sensors;
transmit one or more commands to the one or more audio and/or optical sensors, wherein the one or more audio and/or optical sensors are programmed to take one or more actions based on the one or more commands;and
a server configured to transmit the connection application to the web browser in response to a user accessing a web page
server is configured to
two or more different sensors;
Amounting to mere instructions to implement an abstract idea on a computer, or merely use a computer as a tool to implement the abstract idea. (refer to MPEP 2106.05(f)). Support for the use of mere instructions to implement the abstract idea or the use of a generic computer as a tool to implement the abstract idea can be found in the specification paragraphs [0026-0036], and [0054-0061]. Accordingly, the claim as a whole does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
-Step 2B (Does the additional elements of the claim provide an inventive concept?: NO. As discussed previously with respect to Step 2A Prong Two, claim 22 recites:
a connection application, executable within a web browser, programmed to establish one or more wireless communication links with a plurality of wireless communication-enabled sensors and one or more audio and/or optical sensors, …
from the plurality wireless communication enabled sensors and from the one or more audio and/or optical sensors;
transmit one or more commands to the one or more audio and/or optical sensors, wherein the one or more audio and/or optical sensors are programmed to take one or more actions based on the one or more commands;and
a server configured to transmit the connection application to the web browser in response to a user accessing a web page
server is configured to
two or more different sensors;
Amounting to mere instructions to implement an abstract idea on a computer, or merely use a computer as a tool to implement the abstract idea. (refer to MPEP 2106.05(f)) Support for the use of mere instructions to implement the abstract idea or the use of a generic computer as a tool to implement the abstract idea can be found in the specification paragraphs [0026-0036], and [0054-0061]. Accordingly, the claim does not provide an inventive concept (significantly more than the abstract idea) and hence the claim is ineligible
Independent Claim 28 is rejected under 35 U.S.C 101 based on the following analysis.
-Step 1 (Does the claim fall within a statutory category? YES): claim 28 recites a biological data tracking method.
-Step 2A Prong One (Does the claim fall within at least one of the groupings of abstract ideas?: YES): The claimed invention:
A method of tracking biological data comprising:
receiving, … one or more data streams… and receiving…audio, image, and/or video data wherein each data stream includes biological data indicative of a user's health state
analyzing, … received data streams and at least a portion of audio, image, and/or video data to extract health insights …, wherein an analysis includes integrating data .. to generate a multi-dimensional health profile of the user
displaying…one or more personalized health ..derived from at least a portion of the received data streams and audio, image, and/or video data;
wherein the one or more personalized readings, predictions, probabilities, risks, strategies, and/or recommendations are customized based on a user's health profile, at least one of audio, image, and/or video observations, and historical data trends, facilitating proactive health management and wellness optimization;
belonging to the grouping of mental processes under concepts performed in the human mind (including an observation, evaluation, judgement, opinion) as it recites biological data tracking. Alternatively, the selected abstract idea belongs to the grouping of certain methods of organizing human activity under managing personal behavior or relationships or interactions between people as it recites “biological data tracking” (refer to MPP 2106.04(a)(2)). Accordingly this claim recites an abstract idea.
-Step 2A Prong Two (Are there additional elements in the claim that imposes a meaningful limit on the abstract idea? NO). Claim 28 recites:
transmitting a connection application from a server to a browser in response to a user accessing a web page, wherein the connection application is configured for comprehensive health data analysis and personalized health insight generation;
detecting, via the connection application, one or more wireles communication-enabled sensors, and one or more audio and/or optical sensors,each sensor configured to measure a distinct set of biological metrics relevant to a user's health and the one or more audio and/or optical sensors configured to provide audio, image, and/or video data;
automatically collecting, via the collection application, to the one or more wireless communication- enabled sensors based on predefined criteria for comprehensive health monitoring ..wirelessly … via the connection application, …from each of the one or more wireless communication-enabled sensors , and
receiving, via the connection application, audio, image, and/or video data from the one or more audio and/or optical sensors,
transmitting, via the connection application, one or more commands to the one or more audio and/or optical sensors to control audio, image, and/or video capture operations
analyzing, via the connection application
applying data processing algorithms
multiple sensors
within the browser;
Amounting to mere instructions to implement an abstract idea on a computer, or merely use a computer as a tool to implement the abstract idea. (refer to MPEP 2106.05(f)). Support for the use of mere instructions to implement the abstract idea or the use of a generic computer as a tool to implement the abstract idea can be found in the specification paragraphs [0026-0036], and [0054-0061]. Accordingly, the claim as a whole does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
-Step 2B (Does the additional elements of the claim provide an inventive concept?: NO. As discussed previously with respect to Step 2A Prong Two, claim 28 recites:
transmitting a connection application from a server to a browser in response to a user accessing a web page, wherein the connection application is configured for comprehensive health data analysis and personalized health insight generation;
detecting, via the connection application, one or more wireles communication-enabled sensors, and one or more audio and/or optical sensors,each sensor configured to measure a distinct set of biological metrics relevant to a user's health and the one or more audio and/or optical sensors configured to provide audio, image, and/or video data;
automatically collecting, via the collection application, to the one or more wireless communication- enabled sensors based on predefined criteria for comprehensive health monitoring ..wirelessly … via the connection application, …from each of the one or more wireless communication-enabled sensors , and
receiving, via the connection application, audio, image, and/or video data from the one or more audio and/or optical sensors,
transmitting, via the connection application, one or more commands to the one or more audio and/or optical sensors to control audio, image, and/or video capture operations
analyzing, via the connection application
applying data processing algorithms
multiple sensors
within the browser;
Amounting to mere instructions to implement an abstract idea on a computer, or merely use a computer as a tool to implement the abstract idea. (refer to MPEP 2106.05(f)) Support for the use of mere instructions to implement the abstract idea or the use of a generic computer as a tool to implement the abstract idea can be found in the specification paragraphs [0026-0036], and [0054-0061]. Accordingly, the claim does not provide an inventive concept (significantly more than the abstract idea) and hence the claim is ineligible
Dependent Claims:
Step 2A Prong One: The following dependent claims recites additional limitations that further define the abstract idea of biological data tracking. The claim limitations include:
Claim 2: receive at least a portion of the one or more data streams…and compute the one or more data readings.
Claim 4: wherein one or more users access at least a portion of the one or more data streams, the one or more data readings, and or its one or more derivatives.
Claim 5: wherein one or more actions are initiated or programmed to occur…at least one of which … is operable to receive at least a portion of the one or more data streams.
Claim 8: wherein at least one reading of the one or more data readings is derived from one or more data streams.
Claim 9: wherein at least a portion of the one or more data readings and/or its one or more derivatives are generated or adjusted.
Claim 10: wherein at least a portion of the one or more data readings and/or its one or more derivatives are used
(1) to formulate one or more strategies;
(2) to inform one or more users to take one or more actions;
(3) as one or more values upon which one or more wagers are placed;
(4) to calculate, modify, or evaluate one or more probabilities or odds;
(5) to create, enhance, or modify one or more products;
(6) as one or more data sets or as part of another one or more data sets utilized in one or more simulations, computations, or analyses;
(7) within one or more simulations, an output of which directly or indirectly engages with one or more users;
(8) as an input in one or more media or promotions;
(9) within one or more browser-based games; or
(10) to mitigate or prevent one or more risks.
Claim 12: wherein the one or more commands change, adjust, and/or modify administration of one or more substances
Claim 13: wherein administration of one or more substances is determined, at least in part, via one or more calculations, computations, predictions, estimations, inferences, observations, or forecasts that that utilize at least a portion of one or more data readings and/or its one or more derivatives
Claim 19: output at least a portion of non-biological data
Claim 20: receive at least a portion of non-biological data …, with data being displayed.
Claim 23: transmits the one or more data streams, and calculates the one or more readings
Claim 26: wherein at least one reading of the readings is derived from one or more data streams
Claim 29: transmitting the one or more data streams and transmitting the one or more readings
Claim 33: wherein the one or more readings are derived from one or more data streams
Step 2A Prong Two (Are there additional elements in the claim that imposes a meaningful limit on the abstract idea? NO). The following dependent claims recite mere instructions to implement an abstract idea on a computer, or merely use a computer as a tool to implement the abstract idea. (refer to MPEP 2106.05(f)). Accordingly, the claims as a whole do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims include:
Claim 2: further comprising a server configured … via the network connection.
Claim 3: wherein the server is further configured to transmit the connection application to the browser application in response to a user accessing a web page.
Claim 4: via two or more computing devices.
Claim 5: within the browser application via two or more computing devices, … utilizes the browser application … from the one or more wireless communication-enabled data sensor.
Claim 6: wherein the one or more Wireless communication-enabled data sensors includes at least two different types of sensors.
Claim 7: wherein the at least two different types of sensors communicate with the connection application using different communication interfaces.
Claim 8: from the at least two different types of sensors.
Claim 9: at least in part, by one or more artificial intelligence or machine learning techniques.
Claim 11: wherein the connection application is further programmed to transmit one or more commands to a remote-controlled device and/or to the one or more wireless communication-enabled data sensors to change, adjust, and/or modify one or more sensor settings.
Claim 14: wherein the one or more commands are initiated on at least one computing device that is not in direct communication with the one or more wireless communication-enabled data sensors.
Claim 15: wherein two or more sensors communicate with the connection application simultaneously through multiple computing devices and/or multiple browsers.
Claim 16: wherein the one or more wireless communication-enabled data sensors communicate with the connection application via a plurality of browsers and/or computing devices.
Claim 17: wherein one or more users access the connection application from two or more computing devices simultaneously, with one or more computing device, programed to change, adjust, and/or modify one or more sensor settings within the connection application on other computing devices.
Claim 18: wherein change, adjustment, and/or modification of one or more of the sensor settings within the connection application via one or more browsers occurs for a single user, a subset of users, and/or all users.
Claim 19: wherein the connection application is further programmed to transmit one or more commands to one or more sensors … with the one or more sensors programmed to take one or more actions based on the one or more commands provided by the connection application.
Claim 20: wherein the connection application is further programmed ..from one or more sensors…, at least in part, within the browser application.
Claim 21: wherein the connection application is further configured to establish one or more communication links with one or more wired sensors.
Claim 23: the connection application and the server.
Claim 24: wherein the plurality of wireless communication-enabled sensors includes at least two different types of sensors.
Claim 25: wherein the two different types of sensors communicate with the connection application using different communication interfaces.
Claim 26: two or more different sensors.
Claim 27: wherein the connection application is further programmed to transmit one or more commands to a subset of the plurality of wireless communication-enabled sensors to changed, adjust, and/or modify one or more sensor settings.
Claim 29: from the browser to the server and from the server to the browser.
Claim 30: sending one or more commands from the connection application to the one or more wireless communication-enabled sensors to change, adjust, and/or modify at least one sensor setting.
Claim 31: wherein the one or more wireless communication- enabled sensors includes at least two different types of sensors.
Claim 32: wherein the at least two different types of sensors transmit one or more data streams to the connection application using at least two different ca communication interfaces.
Claim 33: more than one sensor.
Step 2B (Does the additional elements of the claim provide an inventive concept?: NO). As discussed previously with respect to Step 2A Prong Two, the following dependent claims recite mere instructions to implement an abstract idea on a computer, or merely use a computer as a tool to implement the abstract idea. (refer to MPEP 2106.05(f)). Accordingly, the claim does not provide an inventive concept (significantly more than the abstract idea) and hence the claim is ineligible. The claims include:
Claim 2: further comprising a server configured … via the network connection.
Claim 3: wherein the server is further configured to transmit the connection application to the browser application in response to a user accessing a web page.
Claim 4: via two or more computing devices.
Claim 5: within the browser application via two or more computing devices, … utilizes the browser application … from the one or more wireless communication-enabled data sensor.
Claim 6: wherein the one or more Wireless communication-enabled data sensors includes at least two different types of sensors.
Claim 7: wherein the at least two different types of sensors communicate with the connection application using different communication interfaces.
Claim 8: from the at least two different types of sensors.
Claim 9: at least in part, by one or more artificial intelligence or machine learning techniques.
Claim 11: wherein the connection application is further programmed to transmit one or more commands to a remote-controlled device and/or to the one or more wireless communication-enabled data sensors to change, adjust, and/or modify one or more sensor settings.
Claim 14: wherein the one or more commands are initiated on at least one computing device that is not in direct communication with the one or more wireless communication-enabled data sensors.
Claim 15: wherein two or more sensors communicate with the connection application simultaneously through multiple computing devices and/or multiple browsers.
Claim 16: wherein the one or more wireless communication-enabled data sensors communicate with the connection application via a plurality of browsers and/or computing devices.
Claim 17: wherein one or more users access the connection application from two or more computing devices simultaneously, with one or more computing device, programed to change, adjust, and/or modify one or more sensor settings within the connection application on other computing devices.
Claim 18: wherein change, adjustment, and/or modification of one or more of the sensor settings within the connection application via one or more browsers occurs for a single user, a subset of users, and/or all users.
Claim 19: wherein the connection application is further programmed to transmit one or more commands to one or more sensors … with the one or more sensors programmed to take one or more actions based on the one or more commands provided by the connection application.
Claim 20: wherein the connection application is further programmed ..from one or more sensors…, at least in part, within the browser application.
Claim 21: wherein the connection application is further configured to establish one or more communication links with one or more wired sensors.
Claim 23: the connection application and the server.
Claim 24: wherein the plurality of wireless communication-enabled sensors includes at least two different types of sensors.
Claim 25: wherein the two different types of sensors communicate with the connection application using different communication interfaces.
Claim 26: two or more different sensors.
Claim 27: wherein the connection application is further programmed to transmit one or more commands to a subset of the plurality of wireless communication-enabled sensors to changed, adjust, and/or modify one or more sensor settings.
Claim 29: from the browser to the server and from the server to the browser.
Claim 30: sending one or more commands from the connection application to the one or more wireless communication-enabled sensors to change, adjust, and/or modify at least one sensor setting.
Claim 31: wherein the one or more wireless communication- enabled sensors includes at least two different types of sensors.
Claim 32: wherein the at least two different types of sensors transmit one or more data streams to the connection application using at least two different ca communication interfaces.
Claim 33: more than one sensor.
Prior Art Made of Record
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure, and is listed in the attached form PTO-892 (Notice of References Cited). Unless expressly noted otherwise by the Examiner, all documents listed on form PTO-892 are cited in their entirety.
Rauhala (US 20160240100 A1) - Fitness And Wellness System With Dynamically Adjusting Guidance – teaches: A system that provides guidance (e.g., audio content) to a user while exercising. This audio content is tailored to the particular user and is aimed at increasing the effectiveness of the exercising. In some cases, the audio content conveyed to the user can be based on one or more sensors providing various metrics (e.g., heart rate, cadence, breathing rate, galvanic skin response, temperature etc.) regarding the real-time performance of the user. In some cases, the guidance to a user may be downloaded dynamically to the device by a specialized server or wireless connection. In addition, the guidance can be dynamically adjusted based on a variety of factors including data obtained from the sensors. Related apparatus, systems, techniques and articles are also described.
Wiedeback (US 12232841 B2) – Sharing Continuous Glucose Data And Reports - teaches: a method, which includes sending a message to a server, wherein the message includes a request for a share code to enable another user to access, via a first computer, analyte data obtained from a host-patient associated with a receiver and/or an analyte report for the host-patient associated with the receiver; receiving, in response to the sending, the share code generated by the server, wherein the share code comprises a checksum portion, a password portion, and an identifier portion indicative of the host-patient; generating a user interface view including the share code; and displaying the user interface view including the share code, wherein the share code enables the other user to access, via the first computer, the analyte data and/or the analyte report. Related systems, methods, and articles of manufacture are also disclosed.
Luna (US 20160270717 A1) - MONITORING AND FEEDBACK OF PHYSIOLOGICAL AND PHYSICAL CHARACTERISTICS USING WEARABLE DEVICES- teaches: sensory input for wearable devices and, more particularly, to monitor and provide feedback from wearable devices. In one example, a method for monitoring and feedback can include receiving data representing a physiological reference profile, associating the data representing the physiological reference profile with a first physiological state, acquiring data representing a physical characteristic or a physiological characteristic, or both, from one or more sensors disposed in a wearable device, correlating data representing the physical characteristic or the physiological characteristic, or both, with data representing the physiological reference profile to determine a physiological anomaly, associating the physiological anomaly with a second physiological state, and determining data representing a first amount of a remedy based on the physiological anomaly to effectuate a change from the second physiological state to the first physiological state.
Sobol (US 20190209022 A1) - WEARABLE ELECTRONIC DEVICE AND SYSTEM FOR TRACKING LOCATION AND IDENTIFYING CHANGES IN SALIENT INDICATORS OF PATIENT HEALTH- teaches: A wearable electronic device, a system and methods of monitoring with a wearable electronic device. The device includes a hybrid wireless communication module with wireless communication sub-modules to selectively acquire location data from both indoor and outdoor sources, as well as a wireless communication sub-module to selectively transmit an LPWAN signal to provide location information based on the acquired data. The device may also include one or more sensors to collect one or more of environmental data, activity data and physiological data. The device may transmit some or all of its acquired data to a larger system, including a cloud-based server to, in addition to providing location-based data, be used as a part of a predictive health care protocol to correlate changes in acquired data to salient indicators of the health of a wearer of the device. In one form, the predictive health care protocol uses a machine learning model
Case (US 20170266496 A1)- Multi-Sensor Monitoring Of Athletic Performance-teaches: Athletic performance monitoring systems and methods, many of which utilize, in some manner, global positioning satellite (“GPS”) data, provide data and information to athletes and/or to equipment used by athletes during an athletic event. Such systems and methods may provide route information to athletes and/or their trainers, e.g., for pre-event planning, goal setting, and calibration purposes. Such systems and methods optionally may provide real time information to the athlete while the event takes place, e.g., to assist in reaching the pre-set goals. Additionally, data and information collected by such systems and methods may assist in post-event analysis for athletes and their trainers, e.g., to evaluate past performances and to assist in improving future performances.
Yeh (US 20150082167 A1) - INTELLIGENT DEVICE MODE SHIFTING BASED ON ACTIVITY - teaches: A consumer electronics (CE) device has at least first and second user interface (UI) output modes respectively correlated to first and second user activities. The UI output mode is automatically established based on a sensor indicating a user activity correlated to the UI output mode.
Response to Arguments
Applicant's arguments filed 1/6/2026 have been fully considered but they are not persuasive.
The Applicant amended independent claim 22, as posted in the above analysis with additions underlined and deletions as
In response to applicant's arguments regarding claim rejection under 35 U.S.C § 101:
Several steps are taken in the analysis as to whether an invention is rejected under 101. The first step is to determine if the claim falls within a statutory category. In this case it does for independent claims 1, 22 & 28 since the claims recite a method and system of biological data tracking. The second step under 2A prong One is to determine if the claims recite an abstract idea, followed by the next step under 2A Prong Two to determine if additional elements in the claim imposes a meaningful limit on the abstract idea in order to integrate it into a practical idea and finally by the step under 2B to determine if additional elements of the claim provide an inventive concept
Step 2A Prong One:
The Applicant argues that claims 1, 22 and 28 are not directed to an abstract idea, but rather to a specific technological improvement.
The Examiner disagrees since the Applicant’s argument is not persuasive. The method to select the abstract idea is to strip the additional elements from the claims. As seen below the recited boldened words constitute the abstract idea after stripping the un-boldened additional elements of the limitation of claims 1, 22 and 28:
Claim 1:
one or more wireless communication-enabled data sensors for measuring various metrics and wirelessly transmitting the measurements to a computing device;
one or more audio and/or optical sensors configured to provide audio, image, and/or video data;
a computing device including a network connection and a browser application;
and a connection application that is downloadable and executing within the browser application, the connection application configured to:
establish one or more wireless communication links with each of the one or more wireless communication-enabled data sensors, wherein one or more communication links are further established with the one or more audio and/or optical sensors,
receive one or more data streams from the one or more wireless communication- enabled data sensors and from the one or more audio and/or optical sensors,
transmit one or more commands to the one or more wireless communication- enabled data sensors and the one or more audio and/or optical sensors, wherein the one or more sensors are programmed to take one or more actions based on the one or more commands, and
display, via the browser application, one or more data readings derived from, at least in part, the streamed data and audio, image, and/or video data, the browser application being further configured to enable third-party access to display information, wherein: the one or more data readings are derived from data streams from two or more different sensors,
the biological data tracking system being further configured to
(1) process and integrate data from multiple sources including biological data from at least one of audio, image, and/or video data for comprehensive biological data evaluation and/or monitoring, and
(2) derive one or more insights, at least in part, from the one or more wireless communication-enabled data sensors and the one or more audio and/or optical sensors; and
wherein the computing device is configured for receiving and processing data directly from the one or more wireless communication-enabled data sensors and the one or more audio and/or optical sensors using the connection application.
Claim 22:
a connection application, executable within a web browser, programmed to
establish one or more wireless communication links with a plurality of wireless communication-enabled sensors and one or more audio and/or optical sensors,
receive one or more data streams from the plurality of wireless communication- enabled sensors and from the one or more audio and/or optical sensors, wherein the one or more data streams include audio, image, and/or video data,
transmit one or more commands to the one or more audio and/or optical sensors, wherein the one or more audio and/or optical sensors are programmed to take one or more actions based on the one or more commands, and
display one or more readings derived from, at least in part, the one or more data streams, wherein the one or more data streams include at least one of audio, image, and/or video data, and
a server configured to transmit the connection application to the web browser in response to a user accessing a web page,
the server being further configured to process received streams of data, inclusive of from two or more different sensors, enabling a multi-dimensional approach to health monitoring and recommendations, through integration of biological data that includes at least one of audio, image, and/or video data,
wherein the server is configured to analyze the streamed data through integration of biological data from the two or more different sensors for extracting one or more health insights and/or providing information related to a future occurrence, an evaluation or calculation of a probability or odds, a strategy, or a mitigation of risk
Claim 28:
transmitting a connection application from a server to a browser in response to a user accessing a web page, wherein the connection application is configured for comprehensive health data analysis and personalized health insight generation;
detecting, via the connection application, one or more wireless communication-enabled sensors and one or more audio and/or optical sensors, each sensor configured to measure a distinct set of biological metrics relevant to a user's health and the one or more audio and/or optical sensors configured to provide audio, image, and/or video data;
automatically collecting, via the collection application, to the one or more wireless communication- enabled sensors based on predefined criteria for comprehensive health monitoring;
wirelessly receiving, via the connection application, one or more data streams from each of the one or more wireless communication-enabled sensors, and receiving, via the connection application, audio, image, and/or video data from the one or more audio and/or optical sensors, wherein each data stream includes biological data indicative of a user's health state;
transmitting, via the connection application, one or more commands to the one or more audio and/or optical sensors to control audio, image, and/or video capture operations;
analyzing, via the connection application, received data streams and at least a portion of audio, image, and/or video data to extract health insights by applying data processing algorithms, wherein an analysis includes integrating data from multiple sensors to generate a multi-dimensional health profile of the user;
displaying, within the browser, one or more personalized health derived from at least a portion of the received data streams, and audio, image, and/or video data, wherein the one or more personalized readings, predictions, probabilities, risks, strategies, and/or recommendations are customized based on a user's health profile at least one of audio, image, and/or video observations, and historical data trends, facilitating proactive health management and wellness optimization.
The selected abstract idea (boldened limitations) of claims 1, 22 and 28 can be implemented by pencil and paper and thus belong to the grouping of mental processes under concepts performed in the human mind (including an observation, evaluation, judgement, opinion) as it recites “biological data tracking “. Alternatively, the selected abstract idea belongs to the grouping of certain methods of organizing human activity under managing personal behavior or relationships or interactions between people as it recites “biological data tracking “ (refer to MPP 2106.04(a)(2)). Accordingly independent claims 1, 22 and 28 recite an abstract idea.
Step 2A Prong Two:
The Applicant argues that independent claims 1, 22, and 28 are directed to a particular technical solution that addresses a specific problem in the prior art. The specification explains at paragraph [0002] that prior systems required each sensor to have its own dedicated native application that a user must download and install on a cell phone or tablet. The specification further explains at paragraph [0003] that when multiple persons or one person uses multiple sensors, multiple devices and multiple applications were required to operate the sensors and display the data. Any computation that relied on data from multiple sensors had to wait for the data to be uploaded to a server, and even then it was difficult to correlate the data from one sensor with the data from another sensor. The claimed invention solves this technical problem through a specific technical architecture. Independent claim 1 recites a connection application that is downloadable and executes within the browser application. This connection application establishes wireless communication links directly with multiple heterogeneous sensors, receives data streams from those sensors, and transmits commands to the sensors to control their operation. This represents a specific improvement to the way computing devices interact with wireless sensor networks rather than merely using a generic computer to implement an abstract idea.
The Examiner disagrees since the Applicant’s arguments are not persuasive.
Regarding whether the additional elements in the claim impose a meaningful limit on the abstract idea under Step 2A Prong Two, the Examiner asserts that it does not. A colloquial interpretation of a practical application is not enough to characterize the claims as integrating any such idea into a practical application
The additional elements for claim 1 recite the following:
one or more wireless communication-enabled data sensors for measuring various metrics and wirelessly transmitting the measurements to a computing device;
one or more audio and/or optical sensors configured to provide audio, image, and/or video data;
a computing device including a network connection and a browser application;
and a connection application that is downloadable and executing within the browser application, the connection application configured to: establish one or more wireless communication links with each of the one or more wireless communication-enabled data sensors wherein one or more communication links are further established with the one or more audio and/or optical sensors;
from the one or more wireless communication-enabled data sensors and from the one or more audio and/or optical sensors;
transmit one or more commands to the one or more wireless communication- enabled data sensors and the one or more audio and/or optical sensors, wherein the one or more sensors are programmed to take one or more actions based on the one or more commands;
via the browser application, the browser application being further configured to enable third-party access to display information, wherein: the one or more data readings are derived from data streams from two or more different sensors;
the biological data tracking system being further configured to: at least in part, from the one or more wireless communication-enabled data sensors and the one or more audio and/or optical sensors;
wherein the computing device is configured for receiving and processing data directly from the one or more wireless communication-enabled data sensors and the one or more audio and/or optical sensors using the connection application.
The additional elements for claim 22 recite the following:
a connection application, executable within a web browser, programmed to establish one or more wireless communication links with a plurality of wireless communication-enabled sensors and one or more audio and/or optical sensors,
from the plurality wireless communication enabled sensors and from the one or more audio and/or optical sensors;
transmit one or more commands to the one or more audio and/or optical sensors, wherein the one or more audio and/or optical sensors are programmed to take one or more actions based on the one or more commands;and
a server configured to transmit the connection application to the web browser in response to a user accessing a web page
server is configured to
two or more different sensors;
The additional elements for claim 28 recite the following:
transmitting a connection application from a server to a browser in response to a user accessing a web page, wherein the connection application is configured for comprehensive health data analysis and personalized health insight generation;
detecting, via the connection application, one or more wireles communication-enabled sensors, and one or more audio and/or optical sensors,each sensor configured to measure a distinct set of biological metrics relevant to a user's health and the one or more audio and/or optical sensors configured to provide audio, image, and/or video data;
automatically collecting, via the collection application, to the one or more wireless communication- enabled sensors based on predefined criteria for comprehensive health monitoring ..wirelessly … via the connection application, …from each of the one or more wireless communication-enabled sensors , and
receiving, via the connection application, audio, image, and/or video data from the one or more audio and/or optical sensors,
transmitting, via the connection application, one or more commands to the one or more audio and/or optical sensors to control audio, image, and/or video capture operations
analyzing, via the connection application
applying data processing algorithms
multiple sensors
within the browser
The above listed additional elements amount to mere generic computer elements used as a tool to implement the abstract idea. There is no reference in the specification to indicate otherwise. None of these additional elements improve the working of a computer to implement the claims of the invention.
As a result, the Examiner restates that the additional elements amount to mere instructions to implement an abstract idea on a computer, or merely use a computer as a tool to implement the abstract idea. (refer to MPEP 2106.05(f)). Accordingly, the claim as a whole does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
In order to integrate the abstract idea into a practical idea the Applicant could demonstrate at least one of the conditions enumerated below applies:
Improvements to the functioning of a computer, or to any other technology or technical field - see MPEP 2106.05(a)
Applying the judicial exception with, or by use of, a particular machine - see MPEP 2106.05(b)
Effecting a transformation or reduction of a particular article to a different state or thing - see MPEP 2106.05(c)
Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP 2106.05(e) and Vanda Memo
The Applicant has not demonstrated any of the above listed conditions based on the recitation in claims 1, 22 or 28.
Support for the use of mere instructions to implement the abstract idea or the use of a generic computer as a tool to implement the abstract idea can be found in the specification paragraphs [0026-0036], and [0054-0061]. Nowhere in the specification are any of the component “sections” that the Examiner interprets are constructed with other than generic computer parts.
Step 2B
The Applicant argues that At Allice step 2B the claims recite an inventive concept because the combination of elements represents an unconventional technical solution. Running a wireless sensor gateway with direct sensor communication and bidirectional control within a web browser without requiring native application installation was not routine or conventional at the time of the invention. The specification identifies this as solving the specific technical problem of sensor data being difficult to correlate when each sensor required its own native application. The claimed architecture enables near real-time aggregation and correlation of data streams from multiple sensors within a unified browser-based environment.
The Examiner disagrees since the Applicant’s arguments are not persuasive.
For the sake of completeness, and based on similar analysis to that of step 2A prong Two, the same additional cited elements cited above amount to mere generic computer elements used as a tool to implement the abstract idea. There is no reference in the specification to indicate otherwise. None of these additional elements improve the working of a computer to implement the claims of the invention.
In order evaluate whether the claim recites additional elements that amount to an inventive concept what may be requited is:
Adding a specific limitation (unconventional other than what is well-understood, routine, conventional (WURC) activity in the field - see MPEP 2106.05(d)
As a result, the Examiner restates that the additional elements amount to mere instructions to implement an abstract idea on a computer, or merely use a computer as a tool to implement the abstract idea. (refer to MPEP 2106.05(f)). Accordingly, the claim does not provide an inventive concept (significantly more than the abstract idea) and hence the claim is ineligible.
In response to applicant's arguments regarding claim rejection under 35 U.S.C § 103:
The Applicant argues that Rauhala in view of Luna and Sobol fails to teach or suggest the claimed browser-based connection application architecture.
Independent claim I recites a connection application that is downloadable and executing within the browser application. The connection application is configured to establish one or more wireless communication links with each of the wireless communication-enabled data sensors, receive data streams from the sensors, display readings via the browser application, and transmit commands to the sensors wherein the sensors are programmed to take actions based on those commands. The claim further recites that the computing device is configured for receiving and processing data directly from the sensors using the connection application
Specifically the Applicant argues that Rauhala describes a portable device that communicates with biometric sensors and a Training Content Server. However, Rauhala does not teach a connection application that is downloadable and executes within a browser application. The Examiner cited paragraph [0057] of Rauhala which states that the functionality of the TCS can be provided locally on a smartphone or tablet computer app such as an iPad app. The Examiner also cited paragraph [0128] which mentions that the subject matter may be implemented in a computing system that includes a frontend component such as a client computer having a graphical user interface or a web browser through which a user may interact with an implementation of the subject matter. Neither passage teaches or suggests a browser-executing application that directly establishes wireless communication links with sensors. The iPad app mentioned in Rauhala is a native application that must be installed on the device. It is not a browser-based application that downloads automatically when a user accesses a web page. The web browser mentioned in paragraph [0128] of Rauhala is described as a user interface through which a user may interact with the subject matter. It is not described as a platform within which a connection application executes to establish direct wireless links with sensors. Rauhala' s architecture involves the portable device acting as an intermediary between sensors and the Training Content Server. It does not involve a browser-based application that directly establishes wireless links with sensors.
The Examiner agrees with the Applicant that Rauhala in view of Luna and Sobol fail to teach the following amendment to claims 1: a connection application that is downloadable and executing within the browser application, configured to establish one or more wireless communication links with each of the wireless communication-enabled data sensors, receive data streams from the sensors, display readings via the browser application, and transmit commands to the sensors wherein the sensors are programmed to take actions based on those commands, and furthermore that the computing device is configured for receiving and processing data directly from the sensors using the connection application.
Although the Examiner found additional art Wiedeback (US 12232841 B2) that partially teaches the referred amendment in paragraphs [0034], [0049], [0051], [0052], [0055], the combination of Wiedeback with Rauhala in view of Luna and Sobol, although closely related to the amended claim limitation, would result in a piecemeal rejection.
Thus no reasonable combination of prior art that fully teaches the instant application was found since a person of ordinary skill in the art at the time the invention was made would not have been motivated to include these elements either individually or in the combination of the above cited references. In addition, foreign prior art and NPL search was conducted, however no relevant prior art was found.
As a result the Examiner withdraws the 35 U.S.C § 103 rejection.
In conclusion for reasons of record and as set forth above, the examiner maintains the rejection of claims 1-33 as being directed to a judicial exception without significantly more, and thereby being directed to non-statutory subject matter under 35 USC §101. In reaching this decision, the Examiner considered all evidence presented and all arguments actually made by Applicant.
In conclusion for reasons of record and as set forth above, the examiner maintains the rejection of claims 1-33 as being directed to a judicial exception without significantly more, and thereby being directed to non-statutory subject matter under 35 USC §101. In addition the Examiner maintains the rejection of claims 1-33 under 35 USC §103. In reaching this decision, the Examiner considered all evidence presented and all arguments actually made by Applicant.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PIERRE L MACCAGNO whose telephone number is (571)270-5408. The examiner can normally be reached M-F 8:00 to 5:00.
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/PIERRE L MACCAGNO/Examiner, Art Unit 3687
/MAMON OBEID/Supervisory Patent Examiner, Art Unit 3687
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