DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The action is in response to amendments filed on 09/05/2025. Claims 1, 4, 7-11, 14, 17-20 have been amended. Claims 2 and 12 have been cancelled. Claims 1, 3-11, 13-20 are pending and examined below.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 and 11, and claims dependent thereof, are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claims 1 and 11, the claims recite the limitation “analyze said collected measurements, historical data, and current data input from said user to determine a low impedance point within said collected measurements to determine a fertility window for said current user cycle”. Though the Specification and claims do define what are considered collected measurements, historical data, and currents data, the Instant Application fails to teach how these elements are used to determine an impedance low and calculate a fertility window. Specifically, the Specification fails to teach any algorithm, equation, steps, or formula that use these factors to calculate a fertility window or how these elements are used in combination with one another to calculate a fertility window. Rather Applicant merely repeats that collected measurements, historical data, and current data input from said user to calculate a fertility window for said current user cycle without sufficient details as to how this is to be accomplished. As such claims 1 and 11, and claims dependent thereof, fail to meet the 35 USC 112(a) written description requirement.
Response to Arguments
Applicant’s arguments, filed 09/05/2025, with respect to 35 USC 101 and 35 USC 112(b) rejections have been fully considered and are persuasive. The 35 USC 101 and 35 USC 112(b) rejections have been withdrawn.
Applicant's arguments filed 02/28/2025 with respect to the 35 USC 112(a) rejections have been fully considered but they are not persuasive.
35 USC 112(a) rejection:
Applicant traverse the 35 USC 112(a) rejection.
Specifically, Applicant argues the amendments to claims 1 and 11 overcome the 35 USC 112(a) rejection. Examiner respectfully disagrees.
As described in the 35 USC 112(a) rejection above, though the Specification and claims do define what are considered collected measurements, historical data, and currents data and that these are used to determine a low impedance point which is then used to determine a fertility window (page 20, lines 16-31), the Instant Application fails to teach how these elements are used to calculate a fertility window. Specifically, the Specification fails to teach any algorithm, equation, steps, or formula that use these factors to calculate a fertility window or how these elements are used in combination with one another to calculate a fertility window. Rather Applicant merely repeats that collected measurements, historical data, current data input, and low impedance point from said user to calculate a fertility window for said current user cycle without sufficient details as to how this is to be accomplished. As such claims 1 and 11, and claims dependent thereof, fail to meet the 35 USC 112(a) written description requirement.
As such Applicant’s argument is found to be unpersuasive.
Conclusion
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/ABID A MUSTANSIR/Examiner, Art Unit 3791
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