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 .
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, 2, 5-7, 10-12, and 14-17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1.
Regarding claims 1, 5, and 11, the claims recite system and method. Thus, the claims are directed to a machine/apparatus and a method/process which each are one of the statutory categories of invention.
Step 2A, Prong 1.
Each of Claims 1, 5, and 11 has been analyzed to determine whether it is directed to any judicial exceptions, which is grouped as a mental process under the 2019 PEG or mathematical concept under the 2019 PEG.
The claim(s) recite(s):
“individually identify the subjects… during the exertion event”
“retrieve,…one or more previously determined… with a confidence level above a threshold”
“each of the identified subjects…generate in real time… the dynamic physiological response models.”
These limitations describe a mental process as the skilled artisan is capable of performing the recited limitations and making mental assessment thereafter. The Examiner notes that nothing from the claims suggests the limitations cannot be physically performed by a human, or using a simple pen/paper. Additionally, these limitations may also be considered mathematical concepts, depending on the algorithms used, may be simple mathematical computations.
Step 2A, Prong 2
Next, the claim as a whole is analyzed to determine whether any element, or combination of elements, integrates the identified judicial exception into a practical application.
This judicial exception is not integrated into a practical application because the additional limitations do not integrate the judicial exception into a practical application. Rather, the additional limitations are each recited at a high level of generality such that it amounts to insignificant pre-solution and post-solution activity e.g., mere generic sensors and exercise equipment, receiving data, outputting data.
Step 2B
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional limitations recite well-known structural limitations (generically recited sensors, exercise components, and generically recited computer parts, etc.) and as such, do not amount to significantly more than the identified judicial exception. Examiner takes official notice that the additional limitations are conventional components in prior analyte monitoring systems. The claim limitations gather the data through conventional means and then perform a mental process or mathematical concept and do not do anything significant with the data thus providing a practical application of the data analysis.
The following references are provided as evidence that exercise monitoring of physiological parameters with the use of exercise equipment such as a treadmill or exercise bike was well known, routine, and conventional in the art: Guerrero (2015/0105881), Itoh (2017/0274250), Bleich (2018/0296157), Leon (5,365,934), and Anderson (4,463,764)
Thus, the claimed additional elements “are so well-known that they do not need to be described in detail in a patent application to satisfy 35 U.S.C. § 112(a).” Berkheimer Memorandum, III. A. 3.
Furthermore, the court decisions discussed in MPEP § 2106.05(d)(lI) note the well-understood, routine and conventional nature of such additional generic computer components as those claimed. See option III. A. 2. in the Berkheimer memorandum.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the units associated with the steps do not add meaningful limitation to the abstract idea. A processor or equivalent hardware is merely used as a tool for executing the abstract idea(s). The process claimed does not reflect an improvement in the functioning of the computer.
When considered in combination, the additional elements (i.e. the generic computer functions
and conventional equipment/steps) do not amount to significantly more than the abstract idea. Looking at the claim limitations as a whole adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation.
The dependent claims fail to add anything that would bring the application into practical application or beyond step 2B, and mostly further limit the abstract idea.
Therefore, claims 1, 2, 5-7, 10-12, and 14-17 are not patent eligible under 35 USC 101.
Response to Arguments
Applicant’s arguments regarding the 35USC103 reject and 112 rejections are persuasive.
Applicant's arguments filed 6/25/2025 regarding the 35USC101 rejections have been fully considered but they are not persuasive. The previous office action had not rejected some dependent claims for including one or more exercise components having physiological response monitors incorporated within. However, the Examiner believes this to be well understood, routine, and conventional. As an example, most if not all treadmills have heart rate monitors. The sensor components are recited at a high level of generality. Thus, prosecution has been reopened to fully address the 35USC101 rejections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX M VALVIS whose telephone number is (571)272-4233. The examiner can normally be reached 9:00-5:00 M-F.
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ALEX M. VALVIS
Supervisory Patent Examiner
Art Unit 3791
/ALEX M VALVIS/Supervisory Patent Examiner, Art Unit 3791