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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/5/2026 has been entered.
Status of Claims
Claims 1, 11, and 17 are currently amended.
Response to Arguments
Examiner’s Note: For further questions and arguments regarding the 35 U.S.C. 101 rejection,
the examiner suggests scheduling an interview to help proceed with prosecution .
Applicant's arguments, see pages 8-11, filed 2/5/2026, have been fully considered but they are
not persuasive.
35 U.S.C. 101
Regarding the amended independent claim 1, applicant argues that the subject
matter, as a whole, is not directed to an abstract idea and is directed towards an improvement to the technological field of monitoring chronic health conditions of a subject. The examiner respectfully disagrees and argues that the amended limitations, specifically:
“instruct the chest sensor device to capture measurement data, as part of the measurement sequence, by obtaining first measurements while the subject is in the first body posture, with the first measurements related to the cardiopulmonary condition and the measurement data being usable in identification of a potential cardiopulmonary issue and in management of the cardiopulmonary condition;” A clinician may manually take a first set of measurement data in a series of expected body postures to help identify a potential cardiopulmonary issue.
“instruct the chest sensor device to capture second measurement data, as part of the measurement sequence, by obtaining second measurements while the subject is in the second body posture, with the second measurements related to the cardiopulmonary condition and the second measurement data being usable in identification of a potential cardiopulmonary issue and in management of the cardiopulmonary condition;” A physician can make a comparison between a second body posture correlating to a second orientation of the chest sensor to help identify a potential cardiopulmonary issue.
does not contain any inventive structure or practical application that would recite eligible subject matter.
Furthermore, the examiner argues that process limitation, “usable in identification of a potential cardiopulmonary issue,” cannot impart patentability to a product claim where the product is not patentably distinguished over the prior art. A functional statement cannot serve to distinguish a claim, which is not a process claim, from a reference since it does not define any structure. This is particularly so where the functional statement is conditional in nature, as to a possibility that may or may not occur.
Regarding the amended independent claim 11, applicant argues that the subject
matter, as a whole, is not directed to an abstract idea and is directed towards an improvement to the technological field of at-home monitoring chronic health conditions of a subject. The examiner respectfully disagrees and argues that the amended limitations, specifically:
“in response to detecting the posture issue, instructing an audio interface of the chest-worn sensor device to output an audio cue alerting the subject to the posture issue, and idling during a defined time interval before determining presence or absence of a resolution of the posture issue;” A clinician may alert the user by telling him or her that an posture issue is occurring during the measurement process. This may be done through observation of the patient’s posture.
“in response to detecting that the posture issue has been resolved, instructing the chest-worn sensor device to capture measurement data by obtaining the first measurements, with the measurement data being part of the at-home monitoring of the cardiopulmonary condition and being usable in identification of a potential cardiopulmonary issue and in management of the cardiopulmonary condition.” A clinician may determine when the issue is resolve and actively take data for a first set of measurements to help identify a potential cardiopulmonary issue.
does not contain any inventive structure or practical application that would recite eligible subject matter.
Regarding the amended independent claim 17, applicant argues that the subject
matter, as a whole, is not directed to an abstract idea and is directed towards an improvement to the technological field of at-home monitoring chronic health conditions of a subject. The examiner respectfully disagrees and argues that the amended limitations, specifically:
“cause the chest sensor device to obtain, during the at-home monitoring of the cardiopulmonary condition, a sequence of measurements in a first body posture comprising the expected body angle, with the sequence of measurements being [[a]] related to the cardiopulmonary condition and yielding measurement data usable in identification of a potential cardiopulmonary issue and in management of the cardiopulmonary condition;” A physician may observe a body angle of the user and determine the angle based on readings from the positioning sensor to help identify a potential cardiopulmonary issue. This is not limited to a hospital, the physician may perform these steps at a patient’s home.
does not contain any inventive structure or practical application that would recite eligible subject matter.
Furthermore, applicant argue that the 35 U.S.C. 101 rejection of dependent claims 2-3, 7-8, 12-
16, and 20 is improper because the claims were not examined independently to determine subject matter eligibility. The examiner respectfully disagrees and argues that each dependent claim was analyzed independently in regards to Step 2A Prong 1 of the 35 U.S.C. 101 rejection.
In regards to step 2B, dependent claims 4-6, 9-10, and 18-19 do not recite significant additional elements that would integrate the abstract idea into a practical application. Claims 4-5, 10, and 19 do not provide any additional elements. The examiner exclude these claims from Step 2A Prong 1 because the claims do not recite an abstract idea. Claims 6, 9, and 18 recites additional elements, “acoustic sensor”, “visual interface”, and “audio interface.”
The acoustic sensor is recited as pre-solution activity to gather audio data.
The visual and light interfaces are recited as post-solution activity to give a diagnosis or an alert to the patient.
The additional limitations of these claims do not present any special structure or practical application that would be subject matter eligible. See rejections below for a detailed analysis under 35 U.S.C. 101.
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.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
To determine whether a claim satisfies the criteria for subject matter eligibility, the claim is
evaluated according to a stepwise process as described in MPEP 2106(III) and 2106.03-2106.05. The instant claims are evaluated according to such analysis.
Step 1: Is the claim to a process, machine, manufacture or composition of matter?
Claim 1 is directed to a system, claim 11 is directed to a method, and claim 17 is directed
towards a system, and thus meet the requirements for step 1.
Step 2A (Prong 1): Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
Claims 1, 11, and 17 recite two sensor systems and a method with instructions for performing operations and a device comprising:
Claim 1
“Obtain measurements related to cardiopulmonary health of the subject.”
“Receive the signal to initiate the measurement sequence.”
“Determine that a first orientation of the chest sensor device corresponds to a first body posture in a series of correct body postures.”
“Instruct the chest sensor device to capture measurement data, as part of the measurement sequence, by obtaining first measurements while the subject is in a first body posture with the first measurements related to the cardiopulmonary condition and the measurement data being usable in identification of a potential cardiopulmonary issue and management of the cardiopulmonary condition.”
“Instruct the audio interface to output a first audio cue instructing the subject to move to a second body posture in the series of correct body postures.”
“Determine that a second orientation of the chest sensor device corresponds to the second body posture.”
“Instruct the chest sensor to capture measurement data while the user is in the second body posture.”
“Instruct the chest sensor device to capture second measurement data, as part of the measurement sequence, by obtaining second measurements while the subject is in the second body posture with the second measurements related to the cardiopulmonary condition and the measurement data being usable in identification of a potential cardiopulmonary issue and management of the cardiopulmonary condition.”
“Instruct the audio interface to output a second audio cue indicating that the measurement sequence is complete.”
Claim 11
“Detecting, based on the sensor data, that there is an issue in the chest-worn sensor device, with the issue preventing the chest-worn sensor device from obtaining first measurements related to the cardiopulmonary condition of the subject.”
“In response to detecting an posture issue, instructing an audio interface of the sensor device to output an audio cue alerting the user to the posture issue.”
“in response to detecting that the posture issue has been resolved, instructing the chest-worn sensor device to capture measurement data by obtaining the first measurements, the measurement data being usable in identification of a potential cardiopulmonary issue and in management of the cardiopulmonary condition.”
Claim 17
“Determine an orientation and body angle of the chest sensor device.”
“Compare the body angle of the user to an expected body angle.”
“Detect a posture issue in response to a comparison of the body angle to the expected body angle being indicative of the body angle being less than the expected body angle or the body angle being greater than the expected body angle, with the sequence of measurements being a related to the cardiopulmonary condition and yielding measurement data usable in management of the cardiopulmonary condition.”
“Determine that the posture issue has been resolved.”
obtain, during the at-home monitoring of the cardiopulmonary condition, a sequence of measurements in a first body posture comprising the expected body angle, with the sequence of measurements being [[a]] related to the cardiopulmonary condition and yielding measurement data usable in identification of a potential cardiopulmonary issue and in management of the cardiopulmonary condition
“Output a first audio cue in response to the body angle being less than the expected body angle, the first audio cue indicating presence of a first type of the posture issue, and output a second audio cue in response to the body angle being greater than the expected body angle, the first audio cue indicating presence of a second type of posture issue.”
If a claim limitation, under its broadest reasonable interpretation, covers performance of the
limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Therefore, claims 1, 11, and 17 recite an abstract idea of a mental process.
Claims 1, 11 and 17 recite the abstract idea of a mental process. The limitations as drafted in the
claims, under its broadest reasonable interpretation, covers performance of the claimed steps in the mind, but for the recitation of a generic processor. Other than reciting a generic wearable data gathering device with a sensor and processor, nothing in the elements of the claims precludes the step from practically being performed in the mind or manually by a clinician. For example a clinician can:
Claim 1
“Obtain measurements related to cardiopulmonary health of the subject.”
“Receive the signal to initiate the measurement sequence.”
“Determine that a first orientation of the chest sensor device corresponds to a first body posture in a series of correct body postures.”
“Instruct the chest sensor device to capture measurement data, as part of the measurement sequence, by obtaining first measurements while the subject is in a first body posture with the first measurements related to the cardiopulmonary condition and the measurement data being usable in identification of a potential cardiopulmonary issue and management of the cardiopulmonary condition.”
“Instruct the audio interface to output a first audio cue instructing the subject to move to a second body posture in the series of correct body postures.”
“Determine that a second orientation of the chest sensor device corresponds to the second body posture.”
“Instruct the chest sensor to capture measurement data while the user is in the second body posture.”
“Instruct the chest sensor device to capture second measurement data, as part of the measurement sequence, by obtaining second measurements while the subject is in the second body posture with the second measurements related to the cardiopulmonary condition and the measurement data being usable in identification of a potential cardiopulmonary issue and management of the cardiopulmonary condition.”
“Instruct the audio interface to output a second audio cue indicating that the measurement sequence is complete.”
Claim 11
“Detecting, based on the sensor data, that there is an issue in the chest-worn sensor device, with the issue preventing the chest-worn sensor device from obtaining first measurements related to the cardiopulmonary condition of the subject.”
“In response to detecting an posture issue, instructing an audio interface of the sensor device to output an audio cue alerting the user to the posture issue.”
“in response to detecting that the posture issue has been resolved, instructing the chest-worn sensor device to capture measurement data by obtaining the first measurements, the measurement data being usable in identification of a potential cardiopulmonary issue and in management of the cardiopulmonary condition.”
Claim 17
“Determine an orientation and body angle of the chest sensor device.”
“Compare the body angle of the user to an expected body angle.”
“Detect a posture issue in response to a comparison of the body angle to the expected body angle being indicative of the body angle being less than the expected body angle or the body angle being greater than the expected body angle, with the sequence of measurements being a related to the cardiopulmonary condition and yielding measurement data usable in management of the cardiopulmonary condition.”
“Determine that the posture issue has been resolved.”
obtain, during the at-home monitoring of the cardiopulmonary condition, a sequence of measurements in a first body posture comprising the expected body angle, with the sequence of measurements being [[a]] related to the cardiopulmonary condition and yielding measurement data usable in identification of a potential cardiopulmonary issue and in management of the cardiopulmonary condition
“Output a first audio cue in response to the body angle being less than the expected body angle, the first audio cue indicating presence of a first type of the posture issue, and output a second audio cue in response to the body angle being greater than the expected body angle, the first audio cue indicating presence of a second type of posture issue.”
Furthermore claims 2-3, 7-8, 12- 16, and 20 recite additional steps that can be manually
performed by the clinician
Claim 2
“Determine based on data from the positioning sensor, whether a body angle of the subject matches an expected body angle for the first body posture; and in response to determining that the body angle does not match the expected body angle, instruct the audio interface to output a third audio cue instructing the subject to adjust their body posture.” A physician can make a comparison on body posture and instruct a patient verbally to change their body posture based on that comparison.
Claim 3
“Instruct the audio interface to output a first sound sequence in response to the body angle being less than the expected body angle, and further configured to instruct the audio interface to output a second sound sequence in response to the body angle of the subject being greater than the expected body angle.” A physician can make a comparison on body posture angle and instruct a patient verbally to change their body posture based on that angle comparison.
Claim 7
“Determine based on data from the chest sensor device, that there is a contact issue between the chest sensor device and the chest of the subject; and instruct the audio interface to output a third audio cue instructing the subject to press on the chest sensor device.” Based on data received, a physician can instruct a patient verbally to press on the chest sensor device.
Claim 8
“Detect an issue, wherein the issue is a posture issue or a contact issue; detect that the issue has been resolved; and instruct the audio interface to output a third audio cue indicating that the issue has been resolved.” Based on data received, a physician can instruct a patient verbally to indicate that a contact issue is resolved.
Claim 12
“Detecting that there is an issue in the chest-worn sensor device comprises: determining, based on the position data, that a body angle of the subject fails to match an expected body angle.” A physician can make a comparison on body posture angle and instruct a patient verbally to change their body posture based on that angle comparison.
Claim 13
“Wherein the instructing the audio interface of the chest-worn sensor device to output the audio cue alerting the subject to the issue comprises: instructing the audio interface to output a first sound sequence in response to the body angle being less than the expected body angle; or instructing the audio interface to output a second sound sequence in response to the body angle being greater than the expected body angle.” A physician can make a comparison on body posture angle and instruct a patient verbally to change their body posture based on that angle comparison.
Claim 14
“Wherein the detecting that there is an issue in the chest-worn sensor device comprises determining, based on the sensor data, that there is a contact issue between the chest-worn sensor device and [[a]the chest of the subject.” Based on data received, a physician can instruct a patient verbally to press on the chest sensor device.
Claim 15
“In response to detecting that the issue has been resolved, instructing the audio interface to output a second audio cue indicating that the issue has been resolved.” Based on data received, a physician can instruct a patient verbally to indicate that a contact issue is resolved.
Claim 16
“In response to detecting the issue, instructing a visual interface of the chest-worn sensor device to output a visual cue alerting the subject to the issue, the visual cue comprising at least one of a light color and a light pattern.” A physician can make a comparison on body posture and instruct a patient visually, using paper and pen, to change their body posture based on that comparison.
Claim 20
“determine that the chest sensor device has obtained the sequence of measurements in the first body posture; and in response to determining that the chest sensor device has obtained the sequence of measurements, instruct the audio interface to output a third audio cue indicating to the subject to move to a second body posture.” A physician can make a comparison on body posture and instruct a patient verbally to change their body posture based on that comparison.
Step 2A (Prong 2): Does the claim recite additional elements that integrate the judicial
exception into a practical application?
Claims 1, 6, 9, 11, 17, and 18 recite the additional elements of a “chest sensor”, “a processor”
and a “positioning sensor”, “audio interface”, “acoustic sensor”, “visual interface”, and “light interface which are being interpreted as a processor of a wearable device that comprises a generic sensors.
- The chest, positioning, and acoustic sensor is recited as pre-solution activity to gather data.
- The visual and light interfaces are recited as post-solution activity to give a diagnosis or an alert to the patient.
However, these elements are recited at a high level of generality performing the function of
generic data processing such that they amount to no more than mere instructions to simply implement the abstract idea using generic computer components. See MPEP 2106.05(b) and (f).
Accordingly, the additional elements do not integrate the abstract idea into a practical
application.
Step 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
The additional elements when considered individually and in combination are not enough to
qualify as significantly more than the abstract idea.
The chest, positioning, and acoustic sensor is recited as pre-solution activity to gather data.
The visual and light interfaces are recited as post-solution activity to give a diagnosis or an alert to the patient.
As discussed above with respect to integration of the abstract idea into a practical application,
“chest sensor”, “a processor” and a “positioning sensor”, “audio interface”, “acoustic sensor”, “visual interface”, and “light interface,” which are being interpreted as a processor of a wearable device that comprises a generic sensors as recited to perform the steps of:
Claim 1
“Obtain measurements related to cardiopulmonary health of the subject.”
“Receive the signal to initiate the measurement sequence.”
“Determine that a first orientation of the chest sensor device corresponds to a first body posture in a series of correct body postures.”
“Instruct the chest sensor device to capture measurement data, as part of the measurement sequence, by obtaining first measurements while the subject is in a first body posture with the first measurements related to the cardiopulmonary condition and the measurement data being usable in identification of a potential cardiopulmonary issue and management of the cardiopulmonary condition.”
“Instruct the audio interface to output a first audio cue instructing the subject to move to a second body posture in the series of correct body postures.”
“Determine that a second orientation of the chest sensor device corresponds to the second body posture.”
“Instruct the chest sensor to capture measurement data while the user is in the second body posture.”
“Instruct the chest sensor device to capture second measurement data, as part of the measurement sequence, by obtaining second measurements while the subject is in the second body posture with the second measurements related to the cardiopulmonary condition and the measurement data being usable in identification of a potential cardiopulmonary issue and management of the cardiopulmonary condition.”
“Instruct the audio interface to output a second audio cue indicating that the measurement sequence is complete.”
Claim 11
“Detecting, based on the sensor data, that there is an issue in the chest-worn sensor device, with the issue preventing the chest-worn sensor device from obtaining first measurements related to the cardiopulmonary condition of the subject.”
“In response to detecting an posture issue, instructing an audio interface of the sensor device to output an audio cue alerting the user to the posture issue.”
“in response to detecting that the posture issue has been resolved, instructing the chest-worn sensor device to capture measurement data by obtaining the first measurements, the measurement data being usable in identification of a potential cardiopulmonary issue and in management of the cardiopulmonary condition.”
Claim 17
“Determine an orientation and body angle of the chest sensor device.”
“Compare the body angle of the user to an expected body angle.”
“Detect a posture issue in response to a comparison of the body angle to the expected body angle being indicative of the body angle being less than the expected body angle or the body angle being greater than the expected body angle, with the sequence of measurements being a related to the cardiopulmonary condition and yielding measurement data usable in management of the cardiopulmonary condition.”
“Determine that the posture issue has been resolved.”
obtain, during the at-home monitoring of the cardiopulmonary condition, a sequence of measurements in a first body posture comprising the expected body angle, with the sequence of measurements being [[a]] related to the cardiopulmonary condition and yielding measurement data usable in identification of a potential cardiopulmonary issue and in management of the cardiopulmonary condition
“Output a first audio cue in response to the body angle being less than the expected body angle, the first audio cue indicating presence of a first type of the posture issue, and output a second audio cue in response to the body angle being greater than the expected body angle, the first audio cue indicating presence of a second type of posture issue.”
amount to no more than mere instructions to apply the exception using generic computer
components. Mere instructions to apply an exception using generic components cannot provide an inventive concept. These additional elements are well‐understood, routine (For example DePasqua et al (U.S. Patent Application Publication Number: US 2013/0108995 A1, hereinafter “DePasqua”) teaches a wearable data gathering device that comprises sensors and conventional limitations that amount to mere instructions or elements to implement the abstract idea. In addition, the end result of the system/method, the essence of the whole, is a patent-ineligible concept. Therefore, the claims are not patent eligible.
Although there is no prior art, the claims cannot be considered allowable due to the
35 U.S.C. 101 rejection disclosed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN J TRAN whose telephone number is (571)272-0486. The examiner can normally be reached M-F. 8:30 am - 5:30 pm.
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, Benjamin Klein can be reached on 571-270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.J.T./Examiner, Art Unit 3792
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792