DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
This office action is responsive to the amendment filed on January 15, 2026. As directed by the amendment: claim(s) 21 have been amended, claim(s) 1-20 have been cancelled, and no claim(s) have been added. Thus, claims 21-39 are currently pending in the application.
Response to Arguments
Applicant’s arguments, see pg. 8, filed January 15, 2026, with respect to the 35 U.S.C. 112(a) rejection of claims 21-39 have been fully considered and are persuasive. The 35 U.S.C. 112(a) rejection of claims 21-39 has been withdrawn.
Applicant’s arguments, see pgs. 8-10, filed January 15, 2026, with respect to the 35 U.S.C.103 rejection of claims 21-39 have been fully considered and are persuasive. The 35 U.S.C.103 rejection of claims 21-39 has been withdrawn.
Applicant's arguments filed January 15, 2026, regarding the 35 U.S.C. 101 rejection of the claim 21-39 have been fully considered but they are not persuasive. The applicant principally argues that the claims are not directed to an abstract idea and recite a practical application that provides significantly more than any alleged abstract idea. Specifically, that there is an ordered combination that reconfigured hardware/software pathways and knowledge-base usage and implements simulator-driven inputs with feature playback to generate patient-specific risk assessments without live sensing. The examiner respectfully disagrees. As written, the claims appear to be nothing more than the steps in which a Doctor or medical professional, i.e. a person of ordinary skill in the art, would utilize to assess a health risk of a patient with the utilization of a computer as a tool to perform an existing process. The diagnostic logic block comprises an expert system, a diagnostic knowledge base, and a predictive knowledge base which would be equivalent to things well known in the medical field. The instant specification details [0039] that an expert system compiles the status codes and interprets those codes according to the diagnostic knowledge base. An example of an expert system is literally the doctor’s mind/brain that has studied different “status codes” and utilize a “medical knowledge base” , or diagnostic knowledge base, such as experience, medical books and standards to interpret those codes. Furthermore, the instant specification [0043] and [0046] details how the predictive knowledge base is used to predict or assess longer term risks and susceptibility to disease and other health threats. Which is another essential functionality or a Doctor or medical professional, to assess current data and habits of a patient and utilize their experience and knowledge to let them no a predicted outcome based on current data. Essentially, the examiner is noting that per MPEP 2106.05(f) “Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more.” Therefore, the examiner is not convinced and the 35 U.S.C. 101 rejection of the claims is maintained.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on January 15, 2026 was filed after the mailing date of the Non-Final Rejection on August 20, 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 21-39 are rejected under 35 U.S.C. 101 because the claimed invention details a process (Step 1) directed to a judicial exception (i.e. a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
In accordance with MPEP 2106.04, each of Claims 21-39 has been analyzed to determine whether it is directed to any judicial exceptions.
Step 2A, Prong 1 per MPEP 2106.04(a)
Each of Claims 21-39 recites at least one step or instruction for assess a health rick of the patient, which is grouped as a mental process in MPEP 2106.04(a)(2)(III) or a certain method of organizing human activity in MPEP 2106.04(a)(2)(II) or mathematical concept in MPEP 2106.04(a)(2)(I). Accordingly, each of Claims 21-39 recites an abstract idea.
Specifically, Claim 21 recites
A wellness analyzer system comprising:
a plurality of noninvasive sensors configured to generate real-time physiological data from a patient, the plurality of noninvasive sensors comprising a plethysmographic sensor; (additional element)
a plurality of databases configured to provide non-real-time information relevant to a medical-related assessment, the plurality of databases comprising patient-specific databases and non-patient-specific databases; (additional element)
and a wellness monitor including one or more processors, wherein the one or more processors are configured to receive the real-time physiological data and the non-real-time information and process the non-real-time information to generate supplemental information, (additional element)
the wellness monitor further configured to:
in a diagnostic mode, in a plurality of parameter logic blocks, process the real-time physiological data to obtain a plurality of physiological parameters, each of the plurality of parameter logic blocks configured to receive input from a different sensor of the plurality of sensors, in a plurality of system logic blocks, extract features of the plurality of physiological parameters outputted by the plurality of parameter logic blocks to determine a plurality of system indicators for physiological systems monitored, each of the plurality of system logic blocks configured to receive output from at least a dedicated parameter logic block of the plurality of parameter logic blocks, each of the plurality of system logic blocks further configured to build a characterization of the patient with respect to a different physiological system monitored of a plurality of physiological systems based at least in part on the extracted features, the plurality of physiological systems comprising a circulatory system and a respiratory system, and (Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations (see MPEP 2106.04(a)(2)(I)) and/or observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III));
in at least a diagnostic logic block, generate a wellness output based at least in part on the plurality of system indicators from the plurality of system logic blocks and the supplemental information, the wellness output comprising an overall diagnosis of the patient's medical condition, and store the features in a memory of the wellness monitor, the diagnostic logic block comprising an expert system, a diagnostic knowledge base, and a predictive knowledge base; (Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations (see MPEP 2106.04(a)(2)(I)) and/or observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III));
and in a predictive mode,
configure at least the diagnostic logic block to utilize the predictive knowledge base in lieu of the diagnostic knowledge base, (Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations (see MPEP 2106.04(a)(2)(I)) and/or observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III))
construct a virtual patient model from at least the non- real-time information and a sum of per-system patient characterizations built and stored by the plurality of system logic blocks, each per-system patient characterization corresponding to a different physiological system monitored (Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations (see MPEP 2106.04(a)(2)(I)) and/or observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III))
test the virtual patient model to assess a health risk of the patient in response to predetermined physical, medical or environmental conditions, wherein the wellness monitor is configured to test the virtual patient model based on one or more simulated physiological parameters and the features stored in the memory and the per-system characterizations, such that system status outputs are responsive to the simulated physiological parameters and the stored features and per-system patient characterizations. (Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations (see MPEP 2106.04(a)(2)(I)) and/or observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III)).
Step 2A, Prong 2 per MPEP 2106.04(d)
The above-identified abstract idea in each of independent Claim 21 (and their respective dependent Claims 22-39) is not integrated into a practical application under MPEP 2106.04(d) because the additional elements (identified above in independent Claim 21, either alone or in combination, generally link the use of the above-identified abstract idea to a particular technological environment or field of use according to MPEP 2106.05(h) or represent insignificant extra-solution activity according to MPEP 2106.05(g). More specifically, the additional elements of: a plurality of sensors, a plurality of databases, and a wellness monitor are generically recited computer elements in independent Claim 21 (and their respective dependent claims) which do not improve the functioning of a computer, or any other technology or technical field according to MPEP 2106.04(d)(1) and 2106.05(a). Nor do these above-identified additional elements serve to apply the above-identified abstract idea with, or by use of, a particular machine according to MPEP 2106.05(b), effect a transformation according to MPEP 2106.05(c), provide a particular treatment or prophylaxis according to MPEP 2106.04(d)(2) or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception according to MPEP 2106.04(d)(2) and 2106.05(e). Furthermore, the above-identified additional elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer in accordance with MPEP 2106.05(f). For at least these reasons, the abstract idea identified above in independent Claim 21 (and their respective dependent claims) is not integrated into a practical application in accordance with MPEP 2106.04(d).
Moreover, the above-identified abstract idea is not integrated into a practical application in accordance with MPEP 2106.04(d) because the claimed method and system merely implements the above-identified abstract idea (e.g., mental process and mathematical concepts) using rules (e.g., computer instructions) executed by a computer (e.g., processor as claimed). In other words, these claims are merely directed to an abstract idea with additional generic computer elements which do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer according to MPEP 2106.05(f). Additionally, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims according to MPEP 2106.05(a). That is, like Affinity Labs of Tex. v. DirecTV, LLC, the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution. Thus, for these additional reasons, the abstract idea identified above in independent Claim 21 (and their respective dependent claims) is not integrated into a practical application under MPEP 2106.04(d)(I).
Accordingly, independent Claim 21 (and their respective dependent claims) are each directed to an abstract idea according to MPEP 2106.04(d).
Step 2B per MPEP 2106.05
None of Claims 21-39 include additional elements that are sufficient to amount to significantly more than the abstract idea in accordance with MPEP 2106.05 for at least the following reasons.
These claims require the additional elements of: a plurality of sensors, a plurality of databases, and a wellness monitor. The above-identified additional elements are generically claimed computer components which enable the above-identified abstract idea(s) to be conducted by performing the basic functions of automating mental tasks. The courts have recognized such computer functions as well understood, routine, and conventional functions when claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity. See, MPEP 2106.05(d)(II) along with Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); and OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93.
Per Applicant’s specification, [0019] describes the plurality of sensors as sensors that provide patient data from a patient’s circulatory, respiratory, neurological, gastrointestinal, urinary, immune, musculoskeletal, endocrine and reproductive systems which covers a broad spectrum with such generality that they are generic and commercially available. Paragraph [0006] and [0019] details the use of databases of medical research and scientific knowledge with such generality that they are generic and commercially available. Paragraph [0032] details that the wellness analyzer/monitor can be a general purpose computer or a special-purpose signal processor which further details that it can be implemented with a generic and commercially available processor.
Accordingly, in light of Applicant’s specification, the claimed term computer is reasonably construed as a generic computing device. Like SAP America vs Investpic, LLC (Federal Circuit 2018), it is clear, from the claims themselves and the specification, that these limitations require no improved computer resources, just already available technology, with their already available basic functions, to use as tools in executing the claimed process. See MPEP 2106.05(f).
Furthermore, Applicant’s specification does not describe any special programming or algorithms required for computers. This lack of disclosure is acceptable under 35 U.S.C. §112(a) since this hardware performs non-specialized functions known by those of ordinary skill in the computer arts. By omitting any specialized programming or algorithms, Applicant's specification essentially admits that this hardware is conventional and performs well understood, routine and conventional activities in the computer industry or arts. In other words, Applicant’s specification demonstrates the well-understood, routine, conventional nature of the above-identified additional elements because it describes these additional elements in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. § 112(a) (see MPEP 2106.05(d)(I)(2) and 2106.07(a)(III)). Adding hardware that performs “‘well understood, routine, conventional activit[ies]’ previously known to the industry” will not make claims patent-eligible (TLI Communications along with MPEP 2106.05(d)(I)).
The recitation of the above-identified additional limitations in Claims 21-39 amounts to mere instructions to implement the abstract idea on a computer. Simply using a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general-purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not provide significantly more. See MPEP 2106.05(f) along with Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); and TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Moreover, implementing an abstract idea on a generic computer, does not add significantly more, similar to how the recitation of the computer in the claim in Alice amounted to mere instructions to apply the abstract idea of intermediated settlement on a generic computer.
A claim that purports to improve computer capabilities or to improve an existing technology may provide significantly more. See MPEP 2106.05(a) along with McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); and Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). However, a technical explanation as to how to implement the invention should be present in the specification for any assertion that the invention improves upon conventional functioning of a computer, or upon conventional technology or technological processes. That is, per MPEP 2106.05(a), the disclosure must provide sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement. Here, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims. Instead, as in Affinity Labs of Tex. v. DirecTV, LLC 838 F.3d 1253, 1263-64, 120 USPQ2d 1201, 1207-08 (Fed. Cir. 2016), the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution.
For at least the above reasons, the methods of Claims 21-39 are directed to applying an abstract idea as identified above on a general purpose computer without (i) improving the performance of the computer itself or providing a technical solution to a problem in a technical field according to MPEP 2106.05(a), or (ii) providing meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that these claims amount to significantly more than the abstract idea itself according to MPEP 2106.04(d)(2) and 2106.05(e).
Taking the additional elements individually and in combination, the additional elements do not provide significantly more. Specifically, when viewed individually, the above-identified additional elements in independent Claim 21 (and their dependent claims) do not add significantly more because they are simply an attempt to limit the abstract idea to a particular technological environment according to MPEP 2106.05(h). When viewed as a combination, these above-identified additional elements simply instruct the practitioner to implement the claimed functions with well-understood, routine and conventional activity specified at a high level of generality in a particular technological environment according to MPEP 2106.05(h). When viewed as whole, the above-identified additional elements do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amount to significantly more than the abstract idea itself according to MPEP 2106.04(d)(2) and 2106.05(e). Moreover, neither the general computer elements nor any other additional element adds meaningful limitations to the abstract idea because these additional elements represent insignificant extra-solution activity according to MPEP 2106.05(g). As such, there is no inventive concept sufficient to transform the claimed subject matter into a patent-eligible application as required by MPEP 2106.05.
Therefore, for at least the above reasons, none of the Claims 21-39 amounts to significantly more than the abstract idea itself. Accordingly, Claims 21-39 are not patent eligible and rejected under 35 U.S.C. 101.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JESSANDRA F HOUGH whose telephone number is (571)270-7902. The examiner can normally be reached Monday-Thursday 7 am - 4 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, David Hamaoui can be reached at (571)270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Jessandra Hough March 5, 2026
/J.F.H./Examiner, Art Unit 3796
/William J Levicky/Primary Examiner, Art Unit 3796