CTFR 17/556,860 CTFR 82925 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Receipt of Applicant’s Amendment filed April 8, 2026, is acknowledged. Response to Amendment Claims 1, 11, 16, 20, and 22 have been amended. Claims 3, 7-9, 17, and 18 have been canceled. Claims 1, 2, 4-6, 10-16, and 19-22 are pending and are provided to be examined upon their merits. Response to Arguments 07-37 AIA Applicant's arguments filed April 8, 2026 , have been fully considered but they are not persuasive. A response is provided below in bold where appropriate . Applicant argues 35 USC §112 Rejection, pg. 13 of Remarks: REJECTION UNDER 35 U.S.C. § 112, FIRST PARAGRAPH Claims 1, 11, 20, and 22 have been amended to comply with the written description requirement, as set forth above. In view of the amendments, the Applicant requests that the rejection of claims 1, 2, 4-6, 10-15, and 20-22 under 112, first paragraph be withdrawn. Withdrawn based on the claim amendments. Applicant argues 35 USC §101 Rejection, starting pg. 13 of Remarks: REJECTION UNDER 35 U.S.C. § 101 It was alleged in the Office Action that Claims 1, 2, 4-6, 10-16, and 19-22 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more ... [t]he Examiner has identified system Claim 16 and method Claim 20 as the claims that represents the claimed invention for analysis and is similar to system claim 1 See Office Action at page 13. Regarding prong one of step 2A of the 2019 Revised Patent Subject Matter Eligibility Guidance (Step 2A-Prong 1), the features of amended independent claim 16 recite "[a] memory configured to store a first plurality of health templates and an artificial intelligence (Al) model; and circuitry configured to ... receive, from the electronic device, information about a set of health parameters of the user and a first set of activities of the user, wherein ... the information about the set of health parameters of the user and the first set of activities of the user is obtained in real time from an output of one or more sensors, including at least one of an electrocardiography sensor or a blood oxygen concentration sensor, associated with the electronic device ... determine a deviation of the determined second set of activities from the first set of activities ... determine at least one feedback based on the determined deviation, wherein the determined at least one feedback is associated with one of the transmitted set of health templates or the first health template selected by the electronic device ... update a plurality of weights and a plurality of regularization parameters of the stored Al model; re-training the Al model ... wherein the Al model is re-trained using different combinations of the augmented first training dataset and the augmented second training dataset ... generate a second plurality of health templates based on an application of the re-trained Al model." The Applicant respectfully submits that the above-mentioned features cannot be classified as the alleged abstract idea under "certain methods of organizing human activity", because the claimed subject matter, such as determination of activities of the user depends mainly on minute details of health parameters obtained from outputs of advanced medical sensors, such as the electrocardiography sensor or the blood oxygen concentration sensor, and thus, do not describe "following rules or instructions" or "manage personal behavior and teaching". The Applicant's Specification describes, for example, "[i]n an embodiment, each of the first Al model 108 the second Al model 110 may be implemented as a neural network model, such as, a deep learning model. The neural network model may be defined by its hyper-parameters and topology/architecture. For example, the neural network model may be a deep neural network-based model that may have a number of nodes (or neurons), activation function(s), number of weights, a cost function, a regularization function, an input size, a learning rate, number of layers, and the like. Such a model may be referred to as a computational network or a system of nodes (for example, artificial neurons). For a neural network implementation, the nodes of the neural network model may be arranged in layers, as defined in a neural network topology. The layers may include an input layer, one or more hidden layers, and an output layer. Each layer may include one or more nodes (or artificial neurons, represented by circles, for example). Outputs of all nodes in the input layer may be coupled to at least one node of hidden layer(s). Similarly, inputs of each hidden layer may be coupled to outputs of at least one node in other layers of the model. Outputs of each hidden layer may be coupled to inputs of at least one node in other layers of the neural network model. Node(s) in the final layer may receive inputs from at least one hidden layer to output a result. The number of layers and the number of nodes in each layer may be determined from the hyper-parameters, which may be set before, while, or after training the neural network model on a training dataset ... [e]xamples of the one or more sensors 114 may include, but are not limited to, an accelerometer, an altimeter, a gyroscope, a step-count tracker, a heart rate tracker, a pulse rate monitor, a blood oxygen concentration monitor, a bioimpedance sensor, a location sensor, an activity tracker, an ultra-violet (UV) sensor, an electrodermal activity sensor, a skin temperature sensor, an electrocardiography sensor, a gesture sensor, or a magnetometer ... [tlhe blood oxygen concentration monitor may be employed to measure blood oxygen levels of the first user 118 ... [tlhe electrocardiography sensor may be employed to detect minute electrical impulse transmitted by the heart of the first user 118." See at [0033], [0084], and [0091] of the Specification, as originally filed (emphasis added). Noted, however, the claims recite AI at a high level of generality, and there is no indication that there is an improvement to AI technology. Using AI at a high level has been shown not to be enough (e.g., July 2024 Example 47). Also, while claims are read in light of the specification, limitations are not read into the claims. Therefore, the features of amended independent claim 16 do not describe an abstract concept, or a concept similar to those found by the Courts to be Abstract, such as a method for organizing human activity or mental process. Respectfully, a “Personalized Health Assistant” (Title) is an abstract concept as it is managing personal behavior. Regarding prong two of step 2A of the 2019 Revised Patent Subject Matter Eligibility Guidance, even if one were to arrive at a conclusion satisfying the Prong One of such analysis, assuming arguendo, to which the Applicant does not concede, the Applicant submits the alleged abstract idea is integrated into a practical implementation. The Applicant's Specification describes, for example, "[b]ased on the selected first health template, the first electronic device may be configured to determine, by one or more sensors associated with the first electronic device, at least one of a set of health parameters of the first user or a set of activities of the first user ... [t]hus, the set of health templates may be tailor-made for the first user and may cover holistic health goals for the first user. The first health template may be selected from the set of health templates by the first user. As the set of health templates may be already customized for the first user, the selection of the first health template may be a mere personalization (based on preferences of the first user), which may be made easily, with minimal effort by the first user. The first electronic device may further set periodic auto- reminders for activities of the first user based on the selected first health template and may also determine the completion status of the activities. Thus, the activities of the first user may be seamlessly tracked without much configuration effort on part of the first user. The first electronic device may also determine Al-based recommendations for the first user based on the selected first health template, tracked activities, and tracked health parameters. Such recommendations may be used for further update of the selected first health template and may also help to improve health and fitness of the first user over a period of time ... [tlhe health information may serve as a consolidated cross-functional dashboard including insights that may help to track the health of the first user 118 and also to ascertain a progress of the first user 118 with respect to the desired health goals of the first user 118. Also, the first user 118 may be spared from the effort associated with search of several different software applications and health-related devices for health tracking, as the first electronic device 102 may provide a holistic health tracking experience to the first user 118 ... Further, the one or more feedbacks 512B may indicate that the eye break may require reduction by 2 minutes, the stretch break may require increasing by 2 minutes, and the water intake may require decreasing by 200 ml ... [t]he server 104 may re-train the second Al model 110 at least based on the received information indicative of the one or more feedbacks 512B or based on the selection of the first health template 512A ... using the received feedbacks, the server 104 may divide (using the re-trained second Al model 110) the plurality of health templates into more number of categories or zones for appropriate determination of the set of health templates from the plurality of health templates based on the user profile information (indicating demographics) of the users. The real-time generation and customization of the plurality of health templates based on the usage of the personalized health templates by large number users and based on their corresponding feedbacks, may indicate a real-time course correction performed by the server 104 (or by the first electronic device 102) in the plurality of health templates ... [bly use of the one or more sensors 114, the first electronic device 102 may continue to determine (in real-time) the set of health parameters and the set of activities of the first user 118 to determine if the health condition of the first user 118 has changed or improved." See at [0019], [0023], [0048], [0082], [0085], [0086], and [0104] of the Specification, as originally filed (emphasis added). The above provides the benefits of Applicant’s system/method, but it is reciting abstract concepts of managing a person’s health with using templates, devices and AI technology. The Applicant has shown teachings in the Specification that describes a practical implementation by integrating real-time tracking of the user health parameters with training of the Al models, which improves health and fitness of the user along with the technology, such as computer, sensor, and generation operation of personalized and consolidated dashboard that assists the user in maintaining its health and wellbeing. The features further describe automated control of hardware sensors that is decided based on health template data, and has thus established a clear nexus between the claim language and the practical implementation of the alleged judicial exception, and improvements to the technology. Further, the claimed features amount to improvement in the technology of personalized health assistance by providing a server that performs the above-mentioned claimed features for the purpose of real-time determination of user activities and customization of the plurality of health templates, thereby enabling a real- time course correction in the plurality of health templates. Therefore, the features of amended independent claim 16 reflect a practical implementation of the alleged judicial exception. The above argument about improving a user’s health is abstract. There is no indication of an improvement to technology, or some type of additional (non-abstract) practical application. Regarding Step 2B, Applicant respectfully submits that the features of amended independent claim 16 recite subject matter which amounts to significantly more than an abstract idea. The features of amended independent claim 16 go beyond mere instructions to apply the exception using a generic computer component, as they implement a specific and unconventional solution of real-time determination of user activities, thereby enabling Al-assisted real-time course correction in the plurality of health templates, which provide an integrated approach to addressing the challenges users face when searching for different software applications for various health goals, eliminating the need to individually configure each application for fitness tracking, and thus amounts to significantly more than conventional activity. Further, the features of amended independent claim 16 add specific limitations that are not well-understood, routine, conventional in the field. Therefore, the Applicant respectfully submits that taking all the claim elements of amended independent claim 16 individually, and in combination, amended independent claim 16 as a whole amounts to significantly more than the alleged abstract idea. Therefore, the Applicant respectfully submits that amended independent claim 16 recite patent eligible subject matter. Further, the Applicant respectfully submits that amended independent claims 1 and 20 recite features similar to amended independent claim 16 and, are therefore, patent eligible for reasons similar to those presented above with respect to amended independent claim 16. Further, dependent claims 2, 4-6, 10- 15, 19, 21, and 22 recite patent eligible subject matter based at least on the dependence on amended independent claims 1 or 16. Therefore, the Applicant respectfully requests that the rejections of claims 1, 2, 4- 6, 10-16, and 19-22 under 35 U.S.C. § 101 be withdrawn. Based on the above response, the rejection is respectfully maintained but modified for the claim amendments . Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful proc ess, 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, 4-6, 10-16, and 19-22 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claims 1, 2, 4-6, 10-16, and 19-22 are directed to a system or method, which are statutory categories of invention. ( Step 1: YES ). The Examiner has identified system Claim 16 and method Claim 20 as the claims that represents the claimed invention for analysis and are similar to system claim 1. Claim 16 recites the limitations of: A server, comprising: a memory configured to store a first plurality of health templates and a trained artificial intelligence (Al) model; and circuitry configured to: receive user profile information associated with a user from an electronic device via a network: apply the stored Al model on the received user profile information associated with the user; determine a set of health templates from the stored first plurality of health templates, based on the application of the stored Al model on the received user profile information associated with the user; transmit the determined set of health templates to the electronic device associated with the user; receive, from the electronic device , information about a set of health parameters of the user and a first set of activities of the user, wherein the information is transmitted by the electronic device based on a first health template from the set of health templates selected by the electronic device , and the information about the set of health parameters of the user and the first set of activities of the user is obtained in real time from an output of one or more sensors, including at least one of an electrocardiography sensor or a blood oxygen concentration sensor, associated with the electronic device; receive the first health template from the electronic device, wherein the received first health template indicates a second set of activities and a set of health recommendations; determine a deviation of the first set of activities from the second set of activities; determine at least one feedback based on the determined deviation, wherein the determined at least one feedback is associated with one of the transmitted set of health templates or the first health template selected by the electronic device ; augment a first training dataset associated with the stored Al model , based on the first health template, the transmitted set of health templates, and the received user profile information; augment a second training dataset associated with the stored Al model, based on the first health template, the determined at least one feedback, and the received user profile information; update a plurality of weights and a plurality of regularization parameters of the stored Al model ; re-train the stored Al model based on the updated plurality of weights and the updated plurality of regularization parameters, wherein the AI model is re-trained using different combinations of the augmented first training dataset and the augmented second training dataset; and generate a second plurality of health templates based on an application of the re-trained Al model . Claim 20 recites the limitations of: A method, comprising: in an electronic device that includes an Artificial Intelligence (Al) model and one or more sensors: receiving user profile information associated with a user of the electronic device ; transmitting the received user profile information to a server via a network ; receiving, from the server , a set of health templates based on the transmitted user profile information associated with the user; selecting a first health template from the received set of health templates, wherein the selected first health template indicates a first set of activities and a set of health recommendations; determining, based on the selected first health template, a second set of activities of the user in real time, wherein the second set of activities is determined based on an output of the one or more sensors , and the one or more sensors include at least one of an electrocardiography sensor or a blood oxygen concentration sensor ; determining a deviation of the determined second set of activities from the first set of activities; determining at least one feedback based on the determined deviation, wherein the determined at least one feedback is associated with one of the received set of health templates or the selected first health template; augmenting a first training dataset associated with the Al model , based on the selected first health template, the received set of health templates, and the received user profile information; augmenting a second training dataset associated with the Al model , based on the selected first health template, the determined at least one feedback, and the received user profile information; updating a plurality of weights and a plurality of regularization parameters of the Al model; re-training the Al model based on the updated plurality of weights and the updated plurality of regularization parameters, wherein the AI model is re-trained using different combinations of the augmented first training dataset and the augmented second training dataset; applying the re-trained Al model on the first set of activities and the set of health recommendations of the selected first health template; updating the first set of activities and the set of health recommendations of the selected first health template based on the application of the re-trained Al model ; and controlling a display device associated with the electronic device to render health information indicating the updated first set of activities and the updated set of health recommendations. The above limitations, under their broadest reasonable interpretation, cover performance of the limitation as certain methods of organizing human activity. The claim recites elements, in non-bold above, which covers performance of the limitation as managing personal behavior. The claims recite managing personal behavior by receiving user profile information associated with a user, transmitting the received user profile information, receiving, a set of health templates based on the transmitted user profile information associated with the user, selecting a first health template from the received set of health templates, wherein the selected first health template indicates a first set of activities and a set of health recommendations, determine a second set of activities of the user, determining a deviation of the determined second set of activities from the first set of activities, determining at least one feedback based on the determined deviation, wherein the determined at least one feedback is associated with one of the received set of health templates or the selected first health template, augmenting a first training dataset based on the selected first health template, the received set of health templates, and the received user profile information, augmenting a second training dataset based on the selected first health template, the determined at least one feedback, and the received user profile information, updating a plurality of weights and a plurality of regularization parameters based on a plurality of combinations of the augmented first training dataset and the augmented second training dataset; updating the first set of activities and the set of health recommendations of the selected first health template, and render health information indicating the updated first set of activities and the updated set of health recommendations. The above steps are following rules or instructions (receiving user profile information, selecting a first health template, determine a second set of activities of a user, etc.) and teaching (health recommendations). Also, diagnosing or determining a patient’s health status falls under the abstract concept of managing personal behaviors of people. It is important to note that the examples provided by the MPEP such as social activities, teaching, and following rules or instructions are provided as examples and not an exclusive listing and that MPEP 2106.04(a)(2) II stating certain activity between a person and a computer may fall within the “certain methods of organizing human activity” grouping. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation as managing personal behavior, then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. Claim 1 is also abstract for similar reasons. (Step 2A-Prong 1: YES. The claims are abstract) This judicial exception is not integrated into a practical application. In particular, the claims only recite: electronic device, sensors, memory, circuitry, server, network, electrocardiography or blood oxygen concentration sensor, display device (Claim 1); server, memory, circuitry, electronic device, sensors, electrocardiography or blood oxygen concentration sensor (Claim 16); electronic device, server, network, sensors, electrocardiography or blood oxygen concentration sensor, display device (Claim 20). The computer hardware is recited at a high-level of generality ( i.e. , as a generic processor performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. The electronic device includes an AI model, which is a generic model applied at a high level of generality. The sensors are either electrocardiography or blood oxygen concentration sensors and are generic devices for receiving information and claimed at a high level of generality (see para. [0003] of the specification). Controlling sensor based on a health template is claimed at a high level of generality. The re-training the trained AI model is using known methods, applied at a high level of generality (see para. [0035] and [0084] where several methods are known in the art). Controlling a display is taught and claimed at a high level of generality. Claim 20 does not provide any details about how retraining the AI model operates or how updating based on application of the re-trained AI model is made. The plain meaning of “updating” encompasses mental observations or evaluations. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Therefore claims 1, 16, and 20 are directed to an abstract idea without a practical application. ( Step 2A-Prong 2: NO. The additional claimed elements are not integrated into a practical application ) The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered separately and as an ordered combination, they do not add significantly more (also known as an “inventive concept”) to the exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a computer hardware amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Steps such as receiving and transmitting are steps that are considered insignificant extra solution activity and mere instructions to apply the exception using general computer components (see MPEP 2106.05(d), II). Thus claims 1, 16, and 20 are not patent eligible. (St ep 2B: NO. The claims do not provide significantly more ) Dependent claims 2, 4-6, 10-15, 19, 21 and 22 further define the abstract idea that is present in their respective independent claims 1, 16, and 20 and thus correspond to Certain Methods of Organizing Human Activity and hence are abstract for the reasons presented above. The dependent claims do not include any additional elements that integrate the abstract idea into a practical application or are sufficient to amount to significantly more than the judicial exception when considered both individually and as an ordered combination. Claims 10, 11, and 19 further recite first electronic device, which is just applying the device to abstract concepts. Claim 22 recites control sensors based on a health template which is recited at a high level of generality. Therefore, the claims 2, 4-6, 10-15, 18, 19, 21 and 22 are directed to an abstract idea. Thus, the claims 1, 2, 4-6, 10-16, and 19-22 are not patent-eligible. Examiner Request The Applicant is requested to indicate where in the specification there is support for amendments to claims should Applicant amend. The purpose of this is to reduce potential 35 U.S.C. §112(a) or §112 1 st paragraph issues that can arise when claims are amended without support in the specification. The Examiner thanks the Applicant in advance. Prior Art Search A prior art search was conducted but does not result in a prior art rejection at this time. The closest prior art found to date is Pub. No. US 2022/0384052 to Gnanasambandam et al. Gnanasambandam teaches healthcare and templates. But does not teach augmenting first and second datasets as claimed and regularization. Conclusion 07-39 AIA THIS ACTION IS MADE FINAL. 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 KENNETH BARTLEY whose telephone number is (571)272-5230. The examiner can normally be reached Mon-Fri: 7:30 - 4:00 EST. 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, SHAHID MERCHANT can be reached at (571) 270-1360. 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. /KENNETH BARTLEY/Primary Examiner, Art Unit 3684 Application/Control Number: 17/556,860 Page 2 Art Unit: 3684 Application/Control Number: 17/556,860 Page 3 Art Unit: 3684 Application/Control Number: 17/556,860 Page 4 Art Unit: 3684 Application/Control Number: 17/556,860 Page 5 Art Unit: 3684 Application/Control Number: 17/556,860 Page 6 Art Unit: 3684 Application/Control Number: 17/556,860 Page 7 Art Unit: 3684 Application/Control Number: 17/556,860 Page 8 Art Unit: 3684 Application/Control Number: 17/556,860 Page 9 Art Unit: 3684 Application/Control Number: 17/556,860 Page 10 Art Unit: 3684 Application/Control Number: 17/556,860 Page 11 Art Unit: 3684 Application/Control Number: 17/556,860 Page 12 Art Unit: 3684 Application/Control Number: 17/556,860 Page 13 Art Unit: 3684 Application/Control Number: 17/556,860 Page 14 Art Unit: 3684 Application/Control Number: 17/556,860 Page 15 Art Unit: 3684 Application/Control Number: 17/556,860 Page 16 Art Unit: 3684 Application/Control Number: 17/556,860 Page 17 Art Unit: 3684
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