DETAILED ACTION
Non-Final Rejection
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/12/2026has been entered.
Response to Amendment
Applicant’s amendments, filed 11/12/2025 to claims are accepted. In this amendment, claims 1 and 8 have been amended.
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 1-20 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Each of claims1-20 falls within one of the four statutory categories. See MPEP § 2106.03. For example, each of claims 1-20 fall within category of machine, i.e., a “concrete thing, consisting of parts, or of certain devices and combination of devices.” Digitech, 758 F.3d at 1348–49, 111 USPQ2d at 1719 (quoting Burr v. Duryee, 68 U.S. 531, 570, 17 L. Ed. 650, 657 (1863));
Regarding Claims 1-7
Step 2A – Prong 1
Exemplary claim 1 is directed to an abstract idea of determine the animal's temperature.
The abstract idea is set forth or described by the following italicized limitations:
1. An animal wellness notification system, comprising:
a temperature monitor configured to engage with an ear of an animal;
a rotational device configured for positioning the temperature monitor, stabilizing the temperature monitor, and providing comfort for the animal while the temperature monitor is engaged with the ear of the animal;
a switch configured for allowing a user to turn the animal wellness notification system on, allowing the user to turn the wellness notification system off, and indicating to the user that the animal wellness notification system is active;
a computer associated with the temperature monitor, wherein the computer is configured to and which does:
receive a selection of a temperature range from the user;
receive a selection of a time duration from the user;
record an animal's temperature for the selected time duration;
determine whether the animal's temperature remains outside the temperature range for the time duration; and
cause a notification to be provided to the user, after the time duration, if the animal's temperature remained outside the temperature range for the time duration..
The italicized limitations above represent a mental step (i.e., a process that can be performed by can be performed mentally and/or with pen and paper or a mental judgment). Therefore, the italicized limitations fall within the subject matter groupings of abstract ideas enumerated in Section I of the 2019 Revised Patent Subject Matter Eligibility Guidance.
For example, the limitation “determine whether the animal's temperature remains outside the temperature range for the time duration; cause a notification [..]” is a mental step (i.e., a process that can be performed by can be performed mentally and/or with pen and paper or a mental judgment), see 2106.04(a)(2). Limitations are considered together as a single abstract idea for further analysis. (discussing Bilski v. Kappos, 561 U.S. 593 (2010)).
Step 2A – Prong 2
Claims 1 does not include additional elements (when considered individually, as an ordered combination, and/or within the claim as a whole) that are sufficient to integrate the abstract idea into a practical application.
For example, first additional first element is “receive a selection of a temperature range from the user; receive a selection of a time duration from the user; record an animal's temperature for the selected time duration;” to be performed, at least in-part, these additional elements appear to only add insignificant extra-solution activity (e.g., data gathering) and only generally link the abstract idea to a particular field. Therefore, this element individually or as a whole does not provide a practical application. See MPEP 2106.05(g)
The 2nd additional element is “An animal wellness notification system, comprising: a temperature monitor configured to engage with an ear of an animal; a switch configured for allowing a user to turn the animal wellness notification system on, allowing the user to turn the wellness notification system off, and indicating to the user that the animal wellness notification system is active; a computer associated with the temperature monitor, wherein the computer is configured”. This element amounts to mere use of a generic animal monitoring system with computer component, which is well understood routine and conventional (see background of current discloser and IDS and PTO 892) and this element individually does not provide a practical application. In view of the above, the “additional element” individually or combine does not provide a practical application of the abstract idea. see MPEP 2106.05(d).
For example, 3rd additional first element is “cause a notification to be provided to the user, after the time duration, if the animal's temperature remained outside the temperature range for the time duration.” to be performed, at least in-part, these additional elements appear to only add insignificant extra-solution activity (e.g., data gathering) and only generally link the abstract idea to a particular field. Therefore, this element individually or as a whole does not provide a practical application. See MPEP 2106.05(g)
The 4th additional element is “a rotational device configured for positioning the temperature monitor, stabilizing the temperature monitor, and providing comfort for the animal while the temperature monitor is engaged with the ear of the animal”. This element amounts to mere use of a generic animal monitoring system (e.g., field of use and/or well understood routine and conventional), which is well understood routine and conventional (see background of current discloser and IDS and PTO 892) and this element individually does not provide a practical application. In view of the above, the “additional element” individually or combine does not provide a practical application of the abstract idea. see MPEP 2106.05(d).
In view of the above, the four “additional elements” individually do not provide a practical application of the abstract idea. Furthermore, the “additional elements” in combination amount to a plurality of generic monitoring component with computer software, where such computers and software amount to mere instructions to implement the abstract idea on a computer(s) and/or mere use of a generic computer component(s) as a tool to perform the abstract idea. Therefore, these elements in combination do not provide a practical application. The combination of additional elements does no more than generally link the use of the abstract idea to a particular technological environment, and for this additional reason, the combination of additional elements does not provide a practical application of the abstract idea.
.
Step 2B
Claims1 does not include additional elements, when considered individually and as an ordered combination, that are sufficient to amount to significantly more than the abstract idea. For examples, “animal wellness notification system, a temperature monitor configured to engage with an ear of an animal; a switch; a computer; temperature monitor; a rotational device” are generic structure of animal monitoring , which is well understood, routine and convention (see background of current discloser, IDS and PTO892) and MPEP 2106.05(d)).
The reasons for reaching this conclusion are substantially the same as the reasons given above in § Step 2A – Prong 2. For brevity only, those reasons are not repeated in this section. See MPEP §§ 2106.05(g) and MPEP §§2106.05(II).
.
Dependent Claims 2-7
Dependent claims 2-7 fail to cure this deficiency of independent claim 1 (set forth above) and are rejected accordingly. Particularly, claims 2-7 recite limitations that represent (in addition to the limitations already noted above) either the abstract idea or an additional element that is merely extra-solution activity, mere use of instructions and/or generic computer component(s) as a tool to implement the abstract idea, and/or merely limits the abstract idea to a particular technological environment.
For example, the limitations of Claims 2 and 7 are data gathering (insignificant extra solution activity).
For example, the limitations of Claim 3-6 are generic component of the monitoring system.
Claims 8 -20
Claims 8-20 contains language similar to claims 1-7 as discussed in the preceding paragraphs, and for reasons similar to those discussed above, claims 8-20 are also rejected under 35 U.S.C. § 101(abstract idea).
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.
Claim(s) 1-6, 8-10 and 13-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hixson et al. (US 7,196,628) in views of Willham ( US 5,322,034), Li et al. (2015/0035680) and Tsuboi et al. (US 2013/0296685).
Regarding Claim 1. Hixson teaches an animal wellness notification system, comprising(fig. 1; 10: fig. 2; 100 fig. 3):
a temperature monitor configured(12: fig.1) to engage with an ear of an animal(24, 28: fig. 2);
a switch configured for a user to turn the animal wellness notification system on, and indicating to the user that the animal wellness notification system is active (18: fig. 1; If there is insufficient voltage for the device 10, the device become turning off, i.e. show all zeros, blinking zeros, or be blank; Pressing the test key twice, the device become turning on or active, i.e. may cause the device to reinitiate measuring (active state again) : col. 3, l.30-36)(supported by Lindsey’s 1012: fig. 10 & [0037]);
a computer associated with the temperature monitor, wherein the computer is configured to which does (10: fig. 2 ):
receive a temperature range (predetermined minimum: col. 4, l.21-25 );
record an animal's temperature(col. 4, l.21-25);
determine whether the animal's temperature remains outside the temperature range(col. 4, l.21-25); and
cause a notification if the animal's temperature remained outside the temperature range(the display 12, 110 is brightly illuminated: col. 4, l.21-25).
Hixson silent about a switch configured for a user to turn the animal wellness notification system allowing the user to turn the notification system off.
However, Willham a switch (23: fig. 1) configured for allowing a user to turn the animal wellness notification system on, allowing the user to turn the wellness notification system off, and indicating to the user that the animal wellness notification system is active(col. 4, l. 31-50);.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the invention of Hixson, a power switch and a switch configured for a user to turn the animal wellness notification system allowing the user to turn the notification system on/off, as taught by Willham, so as to conserve battery power in compact and inexpensive way.
Hixson further silent about receive a selection of a temperature range form a user;
receive a selection of a time duration from a user;
record an animal's temperature for the selected time duration;
determine whether the animal's temperature remains outside the temperature range for the time duration; and
cause a notification to be provided to the user, after the time duration, if the animal's temperature remained outside the temperature range for the time duration.
However, Li teaches receive a selection of a temperature range from a user (preset threshold :[0063], [0089]-[0090]; user-selected temperature threshold: [0112]; [0141], [0148]-[0149], [0154]);
receive a selection of a time duration from a user; (dwell time period:[0063], [0089]-[0090]; a 24-hour period, timestamp, input device(s) may be provided, for example, to allow a user to make manual adjustments, make selections : [0112]; [0141], [0148]- [0152]);
record an animal's temperature for the selected time duration ([0063], [0089]);
determine whether the animal's temperature remains outside the temperature range for the time duration([0089]-[0090], [0149], [0154], [0049]); and
cause a notification to be provided to the user(alert can be provided to the user: [0091]), after the time duration, if the animal's temperature remained outside the temperature range for the time duration(second alert at a second, later time(T2) if the comparison indicates that the computed parameter exceeds the preset threshold for at least a dwell time period : [0090]-[0091]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the invention of Hixson, receive a selection of a temperature range from a user; receive a selection of a time duration from a user; ; record an animal's temperature for the selected time duration; determine whether the animal's temperature remains outside the temperature range for the time duration; and cause a notification to be provided to the user, after the time duration, if the animal's temperature remained outside the temperature range for the time duration, as taught by Li, so as to continuous monitoring and efficient communicating of temperature sensor device allows for integrating the automated measurement of animal or individual in compact and inexpensive way.
The modified Hixson further silent about a rotational device configured for positioning the temperature monitor, stabilizing the temperature monitor, and providing comfort for the animal while the temperature monitor is engaged with the ear of the animal;
However, Tsuboi teaches a rotational device(120a-120-120b: fig.2) configured for positioning the temperature monitor(110: fig.2), stabilizing the temperature monitor, and providing comfort for the animal while the temperature monitor is engaged with the ear of the animal([0048]-[0051]);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the modified invention of Hixson, a rotational device configured for positioning the temperature monitor, stabilizing the temperature monitor, and providing comfort for the animal while the temperature monitor is engaged with the ear of the animal, as taught by Tsuboi, so as to carry out temperature measurement of the eardrum correctly.
Regarding Claim 2. Hixson and LI further teaches the temperature range is a temperature threshold(predetermined minimum: Hixson’s col. 4, l.21-25;, Li’s preset threshold :[0063], [0089]-[0090] ).
Regarding Claim 3. Hixson further teaches the switch secured to a housing and operably associated with computer(18: fig. 1; col. 3, l.31-37; (supported by Osler et al.( 2008/0312511), 30: fig.2)), and the housing is secured to an attachment body(fig. 1-3; supported by Yarden’s (US 2015/0282457) 320:fig. 3).
Regarding Claim 4. Hixson and Li further teaches the notification is display of a light (the display 12, 110 is brightly illuminated: Hixson’s col. 4, l.21-25; Li’s[0091]).
Regarding Claim 5. Li further teaches the notification is emitting a sound ([0091]).
Regarding Claim 6. Hixson further teaches the notification is wirelessly communicating with a notification receiving device (monitoring center: col. 2, l.34-38).
Regarding Claim 8. Hixson teaches An animal wellness notification system, comprising(fig. 1; 10: fig. 2; 100 fig. 3):
a temperature monitor configured to generate temperature data(12: fig. 1; 28: fig. 2);
a switch configured for a user to turn the animal wellness notification system on, and indicating to the user that the animal wellness notification system is active (18: fig. 1; If there is insufficient voltage for the device 10, the device become turning off, i.e. show all zeros, blinking zeros, or be blank; Pressing the test key twice, the device become turning on or active, i.e. may cause the device to reinitiate measuring (active state again) : col. 3, l.30-36)(supported by Lindsey’s 1012: fig. 10 & [0037]);
a computer (10: fig. 2 ) configured to process the temperature data and cause a notification ((the display 12, 110 is brightly illuminated: col. 4, l.21-25)), wherein the animal wellness notification system is configured to and which does (10: fig. 2):
receive a temperature range (predetermined minimum: col. 4, l.21-25 );
record an animal's temperature(col. 4, l.21-25);
determine whether the animal's temperature remains outside the temperature range(col. 4, l.21-25);
cause a notification if the animal's temperature remained outside the temperature range(the display 12, 110 is brightly illuminated: col. 4, l.21-25).
Hixson silent about a switch configured for a user to turn the animal wellness notification system allowing the user to turn the notification system off.
However, Willham a switch (23: fig. 1) configured for allowing a user to turn the animal wellness notification system on, allowing the user to turn the wellness notification system off, and indicating to the user that the animal wellness notification system is active(col. 4, l. 31-50);.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the invention of Hixson, a power switch and a switch configured for a user to turn the animal wellness notification system allowing the user to turn the notification system on/off, as taught by Willham, so as to conserve battery power in compact and inexpensive way.
The modified Hixson further silent about receive a selection of a temperature range form a user;
receive a selection of a time duration from a user;
record an animal's temperature for the selected time duration;
determine whether the animal's temperature remains outside the temperature range for the time duration; and
cause a notification to be provided to the user, after the time duration, if the animal's temperature remained outside the temperature range for the time duration.
However, Li teaches receive a selection of a temperature range from a user (preset threshold :[0063], [0089]-[0090]; user-selected temperature threshold: [0112]; [0141], [0148]-[0149], [0154]);
receive a selection of a time duration from a user; (dwell time period:[0063], [0089]-[0090]; a 24-hour period, timestamp, input device(s) may be provided, for example, to allow a user to make manual adjustments, make selections : [0112]; [0141], [0148]- [0152]);
record an animal's temperature for the selected time duration ([0063], [0089]);
determine whether the animal's temperature remains outside the temperature range for the time duration([0089]-[0090], [0149], [0154], [0049]); and
cause a notification to be provided to the user(alert can be provided to the user: [0091]), after the time duration, if the animal's temperature remained outside the temperature range for the time duration(second alert at a second, later time(T2) if the comparison indicates that the computed parameter exceeds the preset threshold for at least a dwell time period : [0090]-[0091]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the invention of Hixson, receive a selection of a temperature range from a user; receive a selection of a time duration from a user; ; record an animal's temperature for the selected time duration; determine whether the animal's temperature remains outside the temperature range for the time duration; and cause a notification to be provided to the user, after the time duration, if the animal's temperature remained outside the temperature range for the time duration, as taught by Li, so as to continuous monitoring and efficient communicating of temperature sensor device allows for integrating the automated measurement of animal or individual in compact and inexpensive way.
The modified Hixson further silent about a rotational device configured for positioning the temperature monitor, stabilizing the temperature monitor, and providing comfort for the animal while the temperature monitor is engaged with the ear of the animal;
However, Tsuboi teaches a rotational device(120a-120-120b: fig.2) configured for positioning the temperature monitor(110: fig.2), stabilizing the temperature monitor, and providing comfort for the animal while the temperature monitor is engaged with the ear of the animal([0048]-[0051]);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the modified invention of Hixson, a rotational device configured for positioning the temperature monitor, stabilizing the temperature monitor, and providing comfort for the animal while the temperature monitor is engaged with the ear of the animal, as taught by Tsuboi, so as to carry out temperature measurement of the eardrum correctly.
Regarding Claim 9. Hixson further teaches an attachment body configured to engage with the ear of the animal, wherein the temperature monitor is secured to the attachment body(24, 10: fig.2).
Regarding Claim 10. Hixson further teaches a housing secured to the attachment body(10: fig.2; abstract; supported by Yarden’s (US 2015/0282457) 320:fig. 3).
Regarding Claim 13. Hixson and Li further teaches the notification is display of a light (the display 12, 110 is brightly illuminated: Hixson’s col. 4, l.21-25; Li’s[0091]).
Regarding Claim 14. Li further teaches the notification is emitting a sound ([0091]).
Regarding Claim 15. Hixson and LI further teaches the temperature range is a temperature threshold(predetermined minimum: Hixson’s col. 4, l.21-25, s, Li’s preset threshold :[0063], [0089]-[0090] ).
Regarding Claim 16. Hixson further teaches a transmitter configured(32: fig.1) to wirelessly communicate the control and monitoring center (col. 2, l. 34-36).
Hixson silent about a transmitter configured to wirelessly communicate the control and monitoring center temperature data with the computer, wherein the computer is a remote computer
and the remote computer is configured to determine if the temperature data indicates that the animal's temperature remained outside the selected temperature range for the selected time duration.
However, Li teaches a transmitter configured to wirelessly communicate the control and monitoring center temperature data with the computer (810: fig.8), wherein the computer is a remote computer (fig. 7) and the remote computer is configured to determine if the temperature data indicates that the animal's temperature remained outside the selected temperature range for the selected time duration (814: fig. 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the invention of Hixson, a transmitter configured to wirelessly communicate the control and monitoring center temperature data with the computer, wherein the computer is a remote computer and the remote computer is configured to determine if the temperature data indicates that the animal's temperature remained outside the selected temperature range for the selected time duration., as taught by Li, so as to continuous monitoring and efficient communicating of temperature sensor device allows for integrating the automated measurement of animal or individual in compact and inexpensive way.
Regarding Claim 17. Hixson further teaches an attachment body configured to engage with the ear of the animal(10, 24: fig.2), wherein the temperature monitor is secured to the attachment body(abstract).
Regarding Claim 18. Hixson further a housing secured to the attachment body(col. 2, l.5-12; supported by Yarden (US 2015/0282457 320: fig.3).
Regarding Claim 19. Hixson, Riskey and LI further teaches the temperature range is a temperature threshold(predetermined minimum: Hixson’s col. 4, l.21-25, Li’s preset threshold :[0063], [0089]-[0090] ).
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hixson et al. (US 7,196,628) in views of Willham ( US 5,322,034), Li et al. (2015/0035680) and Tsuboi et al. (US 2013/0296685), further in view of Yarden (US 2015/0282457).
Regarding Claim 11. The modified Hixson inherently teaches the computer is disposed within the housing and operably associated with the temperature monitor (based on figures 1-3 and abstract, col. 2, 1-15), but does not explicitly teach computer.
However, Yarden support that the computer is disposed within the housing and operably associated with the temperature monitor (380: fig.3)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the modified invention of Hixson, the computer is disposed within the housing and operably associated with the temperature monitor, as taught by Yarden, so as to reduce risk of exposure to a sick animal for rest of herd and cost savings and healthier livestock due to early detection
Regarding Claim 12. Li further teaches the computer is configured to determine if the temperature data indicates that the animal's temperature remained outside the selected temperature range for the selected time duration (the profile may indicate an immediate health risk to the animal warranting an alert at step 435 if the animal temperature further exceeds the threshold value (i.e., six degrees above normal) or has been maintained above normal for some period of time (i.e., animal is three degrees above normal for two days) : Riskey’s [0058]; Li’s [0089]-[0090], [0149], [0154], [0049]).
Claim(s) 7 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hixson et al. (US 7,196,628) in views of Willham ( US 5,322,034), Li et al. (2015/0035680) and Tsuboi et al. (US 2013/0296685), further in view of Downing et al. (US 2014/0333439)
Regarding Claim 7. Modified Hixson does not explicitly teach a database in communication with the computer, wherein the database is configured to store data from the computer.
However, Downing teaches a database in communication with the computer, wherein the database is configured to store data from the computer(520: fig. fig. 5; [0045]-[0046]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the modified invention of Hixson, a database in communication with the computer, wherein the database is configured to store data from the computer, as taught by Downing, so as to The database predicts the animal's propensity for developing a particular form of infection based upon a comparison of a particular animal's temperature trends with the database in compact and inexpensive way.
Regarding Claim 20. Modified Hixson does not explicitly teach a database in communication with the remote computer, wherein the database is configured to store data from the transmitter.
However, Downing teaches a database (520)in communication with the remote computer(525: fig.5), wherein the database is configured to store data from the transmitter (515).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the modified invention of Hixson, a database in communication with the remote computer, wherein the database is configured to store data from the transmitter, as taught by Downing, so as to The database predicts the animal's propensity for developing a particular form of infection based upon a comparison of a particular animal's temperature trends with the database in compact and inexpensive way.
Response to Argument
Applicant’s arguments, Applicants had filed arguments based on amended limitation on 03/12/2026 in response art rejection with respect to Claims 1 and 8, Applicant argues that cited prior arts fail to teach amended limitation. See, page 6-11.
In response, Applicant’s arguments with respect 103 rejection, specially claims 1 and 8 have been considered but are moot because a new ground of rejection made over the limitations based on newly cited prior art, see the rejection above.
Applicant’s arguments with respect 101 rejection, specially claim 1, the applicant did not agree with it., see pages 8-9.
The Applicant argus that “Because the claim explicitly requires that "the computer is configured to and which does . .. determine whether the animal's temperature remains outside the temperature range for the time duration; and cause a notification, after the time duration, if the animal's temperature remained outside the temperature range for the time duration," the claimed computer cannot perform a "mental step" so the Office Action's bases for concluding that the claims recite an abstract idea are erroneous because there are no "mental steps" recited in the claims.”.
In response, the Examiner respectfully disagree because claim is analogous to Example 46 of claim 1 and ineligible. Like the example, the “additional elements” in combination amount to a plurality of generic monitoring component with computer software, where such computers and software amount to mere instructions to implement the abstract idea on a computer(s) and/or mere use of a generic computer component(s) as a tool to perform the abstract idea. Therefore, these elements in combination do not provide a practical application. The combination of additional elements does no more than generally link the use of the abstract idea to a particular technological environment, and for this additional reason, the combination of additional elements does not provide a practical application of the abstract idea. the terms “memory,” “display,” and “processor” are recognized as representing known classes of structures that can perform the functions set forth in the claim, e.g., the display is claimed as a generic device that performs the generic function of displaying data. The term “animal-specific information” is understood to be information about a particular animal in the herd, and to comprise animal body temperature data, the broadest reasonable interpretation of claim 1 is a system having a memory, display, and processor, wherein the processor is coupled to the memory and programmed with executable instructions in the form of at least two software modules: a livestock interface and a monitoring component. The step covers any and all possible ways in which this can be done, for instance by a farmer typing the information into the system, or by the system obtaining the information from an animal sensor such as an RFID tag, microchip, or transponder device. The memory, display and processor are recited so generically (no details whatsoever are provided other than that they are a memory, display and processor) that they represent no more than mere instructions to apply the judicial exception on a computer. These limitations can also be viewed as nothing more than an attempt to generally link the use of the judicial exception to the technological environment of a computer. It should be noted that because the courts have made it clear that mere physicality or tangibility of an additional element or elements is not a relevant consideration in the eligibility analysis, the physical nature of these computer components does not affect this analysis. See MPEP 2106.05(I). As such 101 rejection is maintained.
Conclusion
US 2013/0072763: A mobile monitoring device (MMD) for monitoring physical characteristics of a subject, including a casing; an attaching mechanism for releasably as rotation type structure 120.
b) US 2016/0367204: The device 100 may be a wearable device worn on an ear. For example, the device 100 may be an ear-hook type that is hooked behind an ear, an ear canal type that is inserted into an entrance of an ear canal, an eardrum type that is completely inserted into an ear canal, and a concha type that is worn on a concha of auricle. the device 100 worn on the ear may detect a body temperature from the inner ear or detect the heartbeat from the carotid behind the ear.
c) 2009/0262964: there is the so-called in-the-ear (ITE) hearing aid. The device housing thereof is made to measure and is worn in the auricle, relatively not far into the ear. which has been cast and processed on the basis of a casting of the ear of the user, although according to the invention the made-to-measure outer casing is advantageously manufactured from a relatively soft, bio-compatible plastic which is able to adjust itself to the natural anatomy of the ear under the influence of the body temperature of the user. Such a soft, made-to-measure outer casing provides enhanced wearer comfort.
Contact information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD K ISLAM whose telephone number is (571)270-0328. The examiner can normally be reached M-F 9:00 a.m. - 5:00 p.m..
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelby A Turner can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MOHAMMAD K ISLAM/Primary Examiner, Art Unit 2857
Prosecution Insights