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 .
Status of Claims
This action is in reply to the present application filed on July 9th, 2025.
Claims 1, 11-12, and 17 have been amended and are hereby entered.
Claims 3, 8, 15, and 18 have been canceled.
Claims 1-2, 4-6, 9-14, 16-17 and 19-20 are currently pending and have been examined.
This action is made FINAL.
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, 4-6, 9-14, 16-17 and 19-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e. a law of nature, a natural phenomenon, or an abstract idea).
Step 1 Analysis:
Independent claims 1, 11, and 17 are directed to systems and a method respectively and therefore fall into one of the four statutory categories. Claims 2, 4-6, 9-10, 12-14, and 16 further recite systems, and Claims 19-20 are directed to a method. Therefore, the dependent claims also fall into one of the four statutory categories.
Step 2A Analysis- Prong One:
The substantially similar independent system and method claims, taking Claim 1 as exemplary, recite the following limitations:
A system for stress management comprising: an application on at least one electronic device including a memory and a processor configured for network communication with at least one server computer comprising at least one database;
wherein the application includes a first account and a second account;
wherein the first account is operable to upload new content to the application;
wherein the application is further operable to receive biometric data collected by at least one body sensor; wherein the at least one body sensor includes a ballistocardiography heart rate sensor;
wherein the at least one body sensor is included in the at least one wearable device;
wherein the ballistocardiography heart rate sensor measures heart rate variability (HRV);
wherein the at least one server computer utilizes artificial intelligence to analyze population data;
wherein the artificial intelligence is operable to associate low HRV to a stress level;
wherein analyzing the population data includes stress pattern recognition across a plurality of user accounts;
wherein the artificial intelligence is operable to extract elements of the stress pattern recognition associated with elevated stress levels determined from the biometric data from the at least one body sensor and associate the extracted elements of the stress pattern recognition with relevant conversational elements for treating the stress level;
wherein the application is operable to analyze the biometric data and determine the stress level associated with the biometric data;
wherein determining the relevant conversational elements includes relating the biometric data to a database of conversational elements;
wherein the artificial intelligence assigns all conversational elements in the database a confidence score;
wherein the confidence score is based on relevancy of the conversational elements to the biometric data and past feedback;
wherein the conversational elements receiving the confidence score above a predefined threshold are combined into a conversational module and displayed on the application via a graphical user interface (GUI);
wherein the artificial intelligence includes a self-talk conversational element into the conversational module in response to the ballistocardiography heart rate sensor measuring the low HRV;
wherein the conversational module is custom created for a user account based on the biometric data;
wherein the conversational module is integrated into a customized chatbot;
wherein the application is operable to receive calendar data from at least one calendar data source;
wherein the calendar data includes location data based on a location of a calendared event;
wherein the at least one server computer is operable to receive the biometric data and the calendar data from the application;
wherein the at least one server computer is operable to correlate the biometric data with the calendar data to identify stress patterns based on a calendared event;
wherein the at least one server computer is operable to determine and retrieve at least one recommended resource from the at least one database based on the stress level, the analyzed population data, and the calendar data;
wherein the at least one server computer is operable to send the at least one recommended resource to the application;
wherein the at least one recommended resource includes a conversational module, a connection to a counselor, and/or a mindfulness exercise;
wherein the application includes video chat and/or voice chat functionality;
wherein the video chat and/or voice chat functionality is operable to host the connection to the counselor;
wherein the at least one recommended resource includes the customized chatbot;
wherein the customized chatbot is created by using the artificial intelligence such that the artificial intelligence uniquely combines a plurality of the conversational elements module to treat the stress level associated with the biometric data;
wherein the artificial intelligence is operable to compare live biometric data to baseline biometric data to determine a biometric state;
wherein the artificial intelligence is operable to utilize the biometric state and the calendar data to dynamically adjust the plurality of conversational elements in real-time;
wherein the customized chatbot is operable to respond to a user account via the conversational module;
wherein the first account is operable to control access of the second account to the at least one recommended resource;
and wherein the application is operable to present the at least one recommended resource via the GUI.
The series of limitations as shown in the underlined portions above, given the broadest reasonable interpretation, cover the abstract idea of certain methods of organizing human activity because they recite managing personal behavior or relationships of interactions between people (including social activities, teaching, and following rules or instructions- in this case, receiving biometric and calendar data, analyzing the data to determine a stress level, determining relevant conversational elements and outputting the elements to the user, determining a relevant resource and providing the resource to the user), e.g., see MPEP 2106.04(a)(2). Any limitations not identified as part of the abstract idea are deemed “additional elements” and will be discussed further below.
Dependent Claims 9, 13, and 19 include other limitations directed toward the abstract idea. Claim 9 narrows the abstract idea of claim 1 by specifying what the calendar data source is. Claim 13 narrows the abstract idea by specifying receiving location and/or calendar data and using the data to determine a recommended resource. Claim 19 narrows the abstract idea of Claim 17 by specifying the data comprises chat and/or location data. Hence, dependent Claims 9, 13, and 19 are nonetheless directed toward fundamentally the same abstract idea as independent Claims 1, 11, and 17.
Step 2A Analysis – Prong Two:
Claims 1, 11, and 17 are not integrated into a practical application because the additional elements (i.e. the non-underlined limitations above – in this case, the application, memory, processor, server computer, database, artificial intelligence/machine learning model, body sensor, ballistocardiography heart rate sensor, conversational module, chatbot, wearable device, conversational module, video chat, and GUI of Claims 1 and 17 and the application, electronic device, memory, processor, server computer, database, artificial intelligence/machine learning model, body sensor, ballistocardiography heart rate sensor, conversational module, wearable device, conversational module, GUI, video chat, and the chatbot of Claim 17) amount to no more than mere limitations which are recited at a high level of generality (i.e. as a generic processor performing generic computer functions) such that they amount to no more than mere instructions to apply the exceptions using a generic computer component. For example, Applicant’s specification explains that the platform includes a server platform including one or more servers connected to an application on a mobile device including a processor and a memory such as a smartphone, wearable, or cellular phone (see Applicant’s specification, ¶ 0078). Further, the progress over time to be tracked, measured, and presented by the platform through the GUI. By way of example, the GUI is operable to display graphs… [0086]. The recitation of artificial intelligence is also recited at a high level of generality such that it amounts to no more than mere instructions to apply the exceptions using generic computer algorithm. For example, Applicant’s specification explains that the platform is operable to receive feedback about its ineffectiveness. This data is then used to train the artificial intelligence engine or the machine learning engine utilized by the platform to recommend more effective counselors in future situations [00136]. The Al is operable to analyze population data to predict the stress type associated with a user account [00335]. Further, the additional elements of the body sensor, ballistocardiography heart rate sensor, wearable device, video chat, and chatbot/conversational module were found to be generally linking to a technological field of use. Applicant’s specification explains that body sensors include, but are not limited to, respiration sensors, heart rate sensors, movement sensors, brain wave sensors, body temperature sensors, analyte sensors, blood pressure (BP) sensors, electrodermal activity (EDA) sensors, and/or other sensors that collect biometric data. Data collected by these sensors is referred to collectively or individually as biometric data throughout the present application (Specification, ¶ 0089). The heart rate sensor is preferably incorporated into a wearable device (e.g., Fitbit®, Jawbone®)…the heart rate is determined using electrocardiography, pulse oximetry, ballistocardiography,…[0091]. The chatbot is operable to output text and/or audio in form of speech to provide answers to the inputs. In one embodiment, the chatbot further provides and presents resources and/or conversation models associated with the questions/input [00332]. MPEP 2106.04(d)(1) indicates that generally linking an abstract idea to a particular technological environment or field of use cannot provide a practical application. 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 the abstract idea. Therefore, Claims 1, 11, and 17 are directed to an abstract idea without practical application.
Dependent Claims 2, 4-6, 10, 12-14, 16, and 20 recite additional elements, but these limitations amount to no more than mere instructions to apply an exception. Claim 2 recites the previously recited additional element of the body sensor and specifies the body sensor comprises a respiration sensor, a movement sensor, a brain wave sensor, a body temperature sensor, an analyte sensor, a blood pressure sensor, and/or an electrodermal activity sensor. Claim 4 narrows the recited additional elements of the AI/ML and the server computer by specifying the server computer determines the recommended resource using an artificial intelligence engine and/or a machine learning engine. Claim 5 narrows the previously recited additional elements of the artificial intelligence/machine learning, server computer, database, and the GUI by specifying the application receives data to the server computer, and the server computer determines and retrieves a recommended resource from the database. Claim 6 narrows the previously recited elements of the application, server computer, and database by specifying the application receives location/chat data and sends it to the server computer, then the server computer determines and retrieves a resource from the database. Claim 10 recites the GUI and specifies that the stress level is displayed on the GUI. Claim 12 recites the GUI and electronic device and specifies that the resource is presented via the GUI on the electronic device. Claim 13 recites the previously recited application, server computer, and database and specifies that the application receives data and sends it to the server computer, and the computer determines a resource from the database. Claim 14 recites the previously recited application, server computer, and the AI/ML engine by specifying the server computer receives feedback from the application to train the AI/ML engine. Claim 16 recites the electronic device and specifies the recommended resource is received by the previously recited element of the electronic device. Claim 20 recites the of AI/ML and specifies the recommended resource is determined by implementing AI/ML. However, these additional elements are used in their expected fashion, so they do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on the abstract idea. These limitations amount to no more than mere instructions to apply an exception, and hence, do not integrate the aforementioned abstract idea into practical application.
Step 2B analysis:
The claims, when considered individually or in combination, do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above, the additional elements of the application, memory, processor, server computer, database, artificial intelligence model, body sensor, ballistocardiography heart rate sensor, conversational module, chatbot, wearable device, conversational module, video chat, and GUI of Claims 1 and 11 and the application, electronic device, memory, processor, server computer, artificial intelligence model, body sensor, ballistocardiography heart rate sensor, conversational module, wearable device, conversational module, GUI, video chat, and the chatbot of Claim 17 amount to no more than mere instructions to apply an exception using generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept (“significantly more”). MPEP2106.05(I)(A) indicates that merely saying "apply it” or equivalent to the abstract idea cannot provide an inventive concept ("significantly more").
Also, as discussed above with respect to integration of the abstract idea into a practical application, the additional elements of the sensor device, wearable device, conversational module, video chat, and chatbot were considered to generally link the abstract idea to a particular technological environment or field of use. This has been re-evaluated under the ‘significantly more’ analysis and has been found insufficient to provide significantly more. MPEP2106.05 (A) indicates that generally linking an abstract idea to a particular technological environment or field of use cannot provide an inventive concept (‘significantly more"). For completeness, the Examiner notes that the prior art of record indicates that chatbots are well-understood, routine, and conventional in the art (see, e.g., US2022/0229993 to Vu et al. at ¶ 0028; US2020/0228470 to Koo et al. at ¶ 0003; US2019/0142062 to Dayama et al. at ¶ 0070). Additionally, Examiner notes that the prior art of record indicates that ballistocardiography heart rate sensors are well-understood, routine, and conventional (see US 20150112209 A1 to Blaber et al. at ¶ 0013; US 20200253480 A1 to Hall et al. at ¶ 0038; US 20230274833 A1 to Kourtis et al. at ¶ 0055).
Accordingly, even in combination, these additional element does not provide significantly more. As such the independent Claims 1, 11, and 17 are not patent eligible.
Dependent Claims 9 and 19 further narrow the abstract idea and do not provide an inventive concept or additional elements. Claim 9 narrows the abstract idea of claim 1 by specifying the calendar data source includes at least one external calendar platform. Claim 19 narrows the abstract idea of claim 17 by specifying the data further comprises chat and/or location data.
Dependent Claims 2, 4-6, 10, 12, 14, 16, and 20 recite previously recited additional elements, which are not eligible for the reasons stated above, and further narrow the abstract idea. Claim 2 recites the previously recited additional element of the body sensor and specifies the body sensor comprises a respiration sensor, a movement sensor, a brain wave sensor, a body temperature sensor, an analyte sensor, a blood pressure sensor, and/or an electrodermal activity sensor. Claim 4 narrows the recited additional elements of the AI/ML and the server computer by specifying the server computer determines the recommended resource using an artificial intelligence engine and/or a machine learning engine. Claim 5 narrows the previously recited additional elements of the artificial intelligence/machine learning, server computer, database, and the GUI by specifying the application receives data to the server computer, and the server computer determines and retrieves a recommended resource from the database. Claim 6 narrows the previously recited elements of the application, server computer, and database by specifying the application receives location/chat data and sends it to the server computer, then the server computer determines and retrieves a resource from the database. Claim 10 recites the GUI and specifies that the stress level is displayed on the GUI. Claim 12 recites the GUI and electronic device and specifies that the resource is presented via the GUI on the electronic device. Claim 13 recites the previously recited application, server computer, and database and specifies that the application receives data and sends it to the server computer, and the computer determines a resource from the database. Claim 14 recites the previously recited application, server computer, and the AI/ML engine by specifying the server computer receives feedback from the application to train the AI/ML engine. Claim 16 recites the electronic device and specifies the recommended resource is received by the previously recited element of the electronic device. Claim 20 recites the of AI/ML and specifies the recommended resource is determined by implementing AI/ML. Hence, Claims 2, 4-6, 9-10, 12-14, 16, and 19-20 do not include any additional elements that amount to “significantly more” than the judicial exception.
Thus, taken alone, the additional elements do not amount to significantly more than the abstract idea above. Looking at the limitations as an ordered combination does not add anything to what is already present when looking at the elements individually, and there is no indication that the combination of elements improves the functioning of a computer or improves any other technology, and their collective functions merely provide a conventional computer implementation.
Therefore, whether taken individually or as an ordered combination, Claims 1-2, 4-6, 9-14, 16-17, and 19-20 are rejected under U.S.C. 101 are being directed to non-statutory subject matter.
Subject Matter Free of Prior Art
Claims 1-2, 4-6, 9-14, 16-17, and 19-20 are determined to have overcome the prior art of rejection and are free of prior art; however, Claims 1-2, 4-6, 9-14, 16-17, and 19-20 remain rejected under 35 USC 101 as set forth above.
Taking amended Claim 1 as a representative independent claim, the claims as amended are found to overcome the prior art rejection for the reasons set forth below.
Claim 1 now recites the additional claimed features of a first account which is operable to upload new content to the application; wherein the application receives biometric data from at least one body sensor, wherein at least one body sensor is included in at least one wearable device; wherein analyzing the population data includes stress pattern recognition across a plurality of user accounts; wherein artificial intelligence is operable to extract elements of the stress pattern recognition associated with elevated stress levels determined from the biometric data from the at least one body sensor and associate the extracted elements of the stress pattern recognition with relevant conversational elements for treating the stress level; wherein the artificial intelligence assigns all conversational elements in the database a confidence score, and the confidence score is based on relevancy of the conversational elements to the biometric data and past feedback; wherein the conversational elements receiving the confidence score above a predefined threshold are combined into a conversational module and displayed on the application via a graphical user interface; wherein the conversational model is integrated into a customized chatbot; wherein the application is operable to receive calendar data which includes location data; wherein the server is operable to correlate the biometric data with the calendar data to identify stress patterns based on a calendared event, and the server determines and retrieves at least one recommended resource based on the stress level, analyzed population data, and the calendar data; wherein the at least one recommended resource includes a customized chatbot, wherein the application includes video chat and/or voice chat functionality, and the video/voice chat host a connection to the counselor; wherein the artificial intelligence is operable to compare live biometric data to baseline biometric data to determine a biometric state and to utilize the biometric state and the calendar data to dynamically adjust the conversational elements in real-time.
The closest prior art was found to be as follows:
Youngblood et al., (US 20200227160 A1 [previously cited]) recites systems and methods for exchanging health data …that includes at least one user device and at least one remote server in network communication with a health data exchange platform, wherein the at least one remote server includes a phenotype database, report database, a recommendation database…[0035]. A heart rate is determined using electrocardiography, pulse oximetry, ballistocardiography,…the heart sensor 714 measures heart rate variability (HRV) …HRV is a measurement of the variation in time intervals between heartbeats. A high HRV measurement is indicative of less stress, while a low HRV measurement is indicative of more stress. The heart sensor 714 is preferably incorporated into a wearable device (e.g., APPLE WATCH, FITBIT, SAMSUNG GALAXY WATCH) ) [0066].The remote server 708 includes a reasoning engine 759 built with artificial intelligence (AI) algorithms. The reasoning engine 759 is operable to generate a reasoning model based on multiple sets of training data [0096]. The mobile application is operable to recognize patterns the user does not already see and help guide them to a new pattern [0108]. The mobile application uses machine learning to identify positive behaviors, negative behaviors, antecedents or causes of positive behaviors, antecedents or causes of negative behaviors, triggers, early or past experiences that impact current behavior, and/or core belief structures and patterns [0110]. Social media posts, digital signature, and biomarkers provide indicators that intervention is needed and why the intervention is needed … the health data exchange platform creates constant feedback by searching and comparing similarities 15 between users [0156]. [T]he final inferred user attribute is displayed on a display module 1230 (e.g., graphical user interface) [1073]. The mobile application provides suggestions for how to manage stress and requests feedback from the user to identify what is working [0115]. The simulation engine is also operable to use data from the multiple users to provide recommendations [0097]. [A] user's stress level and/or sleep efficiency significantly improve after engaging in an activity over a period of time, which is then included in the training data. The training data includes context data (e.g., baseline data, body sensor data) and action data (e.g., activity data, system component use) [0096]. When the mobile application detects that a user is stressed, the mobile application recommends taking a walk. Further, the mobile application is operable to understand natural language voices, converse with the user [0109]. the mobile application is operable to recognize patterns the user does not already see and help guide them to a new pattern. In one example, data from the nutrition tracker is combined with GPS information to prompt a user before they eat fast food. The mobile application uses the chatbot to interact with the user before they eat fast food (e.g., positive quote, breathing exercise, reminder about goals) [0108]. The mobile application is also operable to determine when a user is stressed… the machine learning incorporates information, including, but not limited to, mobile phone usage, mobile application usage, GPS location, and/or sensor data [0111]. [T]he blood pressure sensor 723 is incorporated into a wearable device [0075]. [T]he mobile application notes that the user's commute time is negatively impacting their stress level…the mobile application notes that interaction with an individual raises their stress level [0122]. The Examiner interprets the commute as the event. Based on time and patterns for grief (e.g., Kübler-Ross model), the mobile application encourages a user through the process of healing. The mobile application includes visualization exercises (e.g., visualizing putting bigger hurts in a closet and taking them out in small moments). The mobile application is operable to map a tree of support (e.g., family, friends, other users of the mobile application). The mobile application provides a positive quote, encourages meditation, and/or encourages a walk when the user is having a bad day (e.g., as noted by the user and/or detected by sensors) [0116]. The Examiner interprets these resources as providing a mindfulness exercise and a conversation model.)
Karsten et al., (WO 2015033152 A2 [previously cited]) recites a wearable device in which the process of data aggregation and processing by a data management system 1000. Input data 101…might include calendar, email, contacts and appointments; social networks and current user sentiment; biometric data; upcoming travel; and the user's activity, wellness and fitness, is input into the system 1000 via one or more application programming interface (API) 2020 (p, 59, ¶ 0004). …generating a recommendation using portions of the biotelemetry data and portions of the snapshot information, further comprises: analyzing a calendar associated with the user to identify a time slot for a recommended activity (p. 16, ¶ 0007). The user can also view a variety of different types of information on the wristband, such as the biotelemetry or activity data collected by the sensors, his calendar, reminders, recommendations, social data, news, among other information associated with daily life management (p. 7, ¶ 0018). The user device information is user location information from a user device location detector…adapting the calendar in response to the user location information (p. 3, ¶ 0014). The life management system 208 uses the wearing user’s calendar (social data) to determine the time and location of the user's next meeting (p. 40, ¶ 0013). This is interpreted as the calendar data includes the location of the event. [T]he device may provide an alert comprising an instruction to take an action…based on a combination of calendar information (p. 15, ¶ 0003).)
Polleri et al., (US 20210081377 A1 [previously cited]) recites a chatbot can provide an intuitive interface to allow the data scientist to generate a machine learning application without considerable programming experience. A chatbot is able to translate natural language into a structured representation of a machine learning solution using a conversational interface [0010]. The conversational interface in which the user provides their response is interpreted as the conversational module. The chatbots can use sophisticated natural language processing systems, or can scan for keywords within the input, then pull a reply with the most matching keywords, or the most similar wording pattern, from a database [0107]. The digital assistant evaluates the received user input and computes confidence scores for the system intents and the skill bots associated with the digital assistant. The score computed for a skill bot or system intent represents how likely the user input is representative of a task that the skill bot is configured to perform or is representative of a system intent. Any system intent or skill bot with an associated computed confidence score exceeding a threshold value (e.g., a Confidence Threshold routing parameter) is selected as a candidate [0168]. The machine learning platform 100 can generate highly customizable applications [0048]. An analytic system may be integrated with a bot system. The analytic system can gather conversation logs and history, and determine information related to individual and/or aggregated end user conversations with a bot system as paths that include different nodes representing different stages or states of the conversations [0114].
Govindarajan et al. (US 20190089669 A1 [previously cited]) recites the minor may be associated with a first account, which may be of a minor-account type, and the other user may be associated with a second account [0031]. Guardians may serve as gatekeepers and have control over the communications and interactions of minors under their guardianship. For instance, guardians may limit contacts of the minors to an approved list, thereby ensuring that only age-appropriate content is accessible to the minors [0014]. A user node 402 may have a corresponding user-profile page in which the corresponding user may add content, make declarations, or otherwise express himself or herself [0058].
Keiser et al. (US 20170264448 A1 [newly cited]) recites a counselor or therapist may communicate with a resident and/or a non-resident via any of devices 102-106, 109, 112, and/or 113 [0036]. [C]ounseling engine 302 may be configured to enable a live counselor to interface with a resident during progress of an electronic communication. For example, as an ongoing video visitation session between a resident and a non-resident is being supported by visitation system 130, counseling engine 302 may enable a counselor to interface with the resident [0051].
Therefore, none of the cited references disclose or render obvious each and every feature of the claimed invention and the claimed invention is determined to be free of prior art. Although individually the claimed features could be taught, any combination of references would teach the claimed limitations using a piecemeal analysis, since references would only be combined and deemed obvious based on knowledge gleaned from the applicant’s disclosure. Such a reconstruction is improper (i.e., hindsight reasoning). See re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). The Examiner emphasizes that is the interrelationship of the limitations that renders these claims free of the prior art/additional art.
Accordingly, it is hereby asserted by the Examiner that, in light of the above, the Claims 1-2, 4-6, 9-14, 16-17, and 19-20 are free from prior art as the references do not anticipate the claims and do not render obvious any further modification of the references to a person of ordinary skill in the art.
Response to Arguments
Regarding rejections under 35 U.S.C. § 101 to Claims 1-6 and 8-20, Applicant’s arguments have been fully considered but are not persuasive. The rejection has been updated in light of the latest amendments.
Applicant argues that the claimed invention is not directed toward the abstract idea of organizing human activity, but rather the claimed invention is directed to a non-abstract improvement to computer-based biometric analysis and chatbot generation. The claimed invention is not directed to any abstract idea; instead, any relationship of the claimed invention to an abstract idea is a consequence of the arrangement of the components or steps of the claimed invention (see p. 5 of Remarks).
Regarding (a), Examiner respectfully disagrees. MPEP 2106.04(a)(2)(II) states that a claimed invention is directed to certain methods of organizing human activity if the identified claim elements contain limitations that encompass relationships or interactions between people (including social activities, teaching, and following rules or instructions). The Examiner submits that the identified claim elements represent a series or rules or instructions that a person or persons, with or without the aid of a computer, would follow to determine a personalized recommendation for a user in order to improve their mental state. Furthermore, the Examiner submits that healthcare itself inherently represents the organization of human activity. Applicant has not pointed to anything in the claims that fall outside of this characterization. Moreover, the additional elements are not grouped as being part of the abstract idea, but instead are additional elements which are discussed under step 2A prong two. Because the claim elements fall under a series of rules or instruction that a person or persons would follow to determine a personalized recommendation for a user in order to improve their state, the claimed invention is directed to an abstract idea.
Applicant argues that the invention is not directed to an abstract idea but is rather inextricably tied to computer technology. Applicant cites DDR Holdings, LLC v. Hotels.com, L.P., Appeal No. 2013-1505 (Fed. Cir. Dec. 5, 2014) as a comparable case in which the claims were directed toward patentable subject matter because the claimed solution is necessarily rooted in computer technology in order to overcome a problem specifically arising in the realm of computer networks (see Applicant’s Remarks, p. 6-8).
Regarding (b), Examiner respectfully disagrees. MPEP 2106.04(d)(1) and MPEP 2106.05(a) indicate that a practical application may be present where the claimed invention provides a technical solution to a technical problem, see DDR Holdings, LLC v. Hotels.com, L.P., Appeal No. 2013-1505 (Fed. Cir. Dec. 5, 2014). Here, the Applicant’s argued problem of computer data retrieval and analysis of data including sensor data, automated recommendation generation, and user interface technologies is not a technical problem because it is not a problem caused by the computer/server. The identified problem existed regardless of whether a computer is involved in the process. Examiner does not see a problem with GUI existing and being solved by the claimed invention, and the GUI used in the claims is generic and used in its expected manner. At best, Applicant’s identified problem is a data management problem. Because no technological problem is present, the claims do not provide a practical application.
Furthermore, Examiner notes that GUI and chatbot are well known in the art and are not an unconventional solution to a technological problem. For example, when claims merely recite a description of a problem to be solved or a function or result achieved by the invention, the boundaries of the claim scope may be unclear (Halliburton Energy Servs., Inc. v. M-I LLC, 514 F.3d 1244, 1255, 85 USPQ2d 1654, 1663 (Fed. Cir. 2008) noting that the Supreme Court explained that a vice of functional claiming occurs "when the inventor is painstaking when he recites what has already been seen, and then uses conveniently functional language at the exact point of novelty".
Applicant argues the specification states the use of body sensors, and the human mind cannot practically obtain ballistocardiography data without sensors. As such, the claimed invention cannot operate without physical sensors, inextricably tying the claimed invention to computer technology. Further, the human mind cannot automatically generate a custom chatbot with real-time updatable conversation modules (p. 7-8).
Regarding (c), Examiner respectfully disagrees. First, the body sensors and the obtaining of ballistocardiography data were not a part of the identified abstract idea, so whether or not the human mind is capable of obtaining the data is an irrelevant argument. As stated in the rejection above, the sensors and the ballistocardiography data are generally linking to a technological environment or field of use. Furthermore, the rejection does not cite the claimed invention as being directed to mental processes, but rather, the claimed invention is directed to certain methods of organizing human activity. MPEP 2106.04(a)(2)(II) states the sub-groupings encompass both activity of a single person (for example, a person following a set of instructions or a person signing a contract online) and activity that involves multiple people,… and thus, certain activity between a person and a computer may fall within the “certain methods of organizing human activity” grouping. Additionally, the sensors perform mere data gathering which is an activity that the courts have found to be insignificant extra solution activity (e.g., vi. Determining the level of a biomarker in blood, Mayo, 566 U.S. at 79, 101 USPQ2d at 1968. See also PerkinElmer, Inc. v. Intema Ltd., 496 Fed. App'x 65, 73, 105 USPQ2d 1960, 1966 (Fed. Cir. 2012) (assessing or measuring data derived from an ultrasound scan, to be used in a diagnosis) (MPEP 2106.05(g)). Claim limitations that add insignificant extra-solution activities to the judicial exception (e.g., mere data gathering in conjunction with an abstract idea) do not positively recite the collection of the data, but instead are a tangential addition to the claim, and therefore do not meaningfully limit the claim.
Applicant argues, under step 2A – Prong Two, that the claimed invention recites improvements to a technology or technical field under CardioNet, LLC. Applicant cites the example of CardioNet, LLC v. InfoBionic Inc. where “a cardiac monitoring device that analyzes the variability in the beat-to-beat timing…were directed to an improvement in cardiac monitoring technology and not an abstract idea” (p. 9-12).
Regarding (d), Examiner respectfully disagrees. The instant invention is not analogous to CardioNet because the instant invention does not recite a technological solution to a technological problem as there is no technological problem present (see (b) above). The instant claims do not provide any improvement to the monitoring technology as there is not specificity to the sensors and how they have been improved for monitoring/collecting data. Instead, the additional elements are used in an “apply it” manner.
Applicant argues the ballistocardiography heart rate sensor of the claimed invention is essential to the operation of the claimed invention, plays a significant part in permitting the claimed invention to be performed, and is not a general-purpose CPU (p. 13).
Regarding (e), Examiner respectfully disagrees. The instant invention does not positively recite the ballistocardiography heart rate sensor as the sensor is not being modified or improved upon in the invention. The ballistocardiography heart rate sensor is being used in its expected fashion to send data to the system, and because of this, it is an insignificant extra-solution activity which does not meaningfully limit the claim. See (c) above, which states additional elements are an insignificant extra-solution activity if they provide a tangential to the addition to the claim. Further, for completeness, Examiner notes that the prior art of record indicates that ballistocardiography heart rate sensors are well-understood, routine, and conventional (see US 20150112209 A1 to Blaber et al. at ¶ 0013; US 20200253480 A1 to Hall et al. at ¶ 0038; US 20230274833 A1 to Kourtis et al. at ¶ 0055).
Applicant argues the instant invention is analogous to the 2014 Interim Guidance with respect to the case SiRF Technology v. ITC in which the guidance explains that GPS is a satellite navigation system comprising satellites orbiting the Earth that permits a GPS-enabled receiver to detect signals from multiple satellites and use the information to calculate its distance. The court interpreted the claim such that the method could not be performed without a GPS receiver. It is essential to the operation of the claimed method and plays a significant part in permitting the claimed method to be performed. The claimed invention cannot be performed without the ballistocardiography heart rate sensor integrated into a wearable device that is configured to measure HRV. The 2014 Interim Guidance affirmed that a claim is directed to patentable subject matter if the claim includes a non-generic device which is able to perform operations by virtue of the specialized hardware of the non-generic device that a generic computer cannot perform. A generic computer cannot detect micro-vibrations of cardiac activity, process signals from those vibrations into HRV values, and provide physiological stress markers because this requires specialized hardware that a generic computer lacks. The ballistocardiography heart rate sensor integrated into the wearable device is required to collect HRV data that serves as the foundational input to the claimed AI engine for stress detection and dynamic conversational resource generation. Thus, a ballistocardiography heart rate sensor integrated into the wearable device is essential to the operation of the claimed invention and plays a significant part in permitting the claimed invention to be performed (p. 12-16).
Regarding (f), Examiner respectfully disagrees. The statement “The court interpreted the claim such that the method could not be performed without a GPS receiver” is incorrect. SiRF Tech was found to be eligible because it provided a combination of elements that improved an existing technology (global positioning) by improving the signal-acquisition sensitivity of the receiver to extend the usefulness of the technology into weak-signal environments and providing the location information for display on the mobile device. The instant claims do not provide any similar or analogous improvement to technology. The specification of the instant application only cites the term “ballistocardiography heart rate sensor” once when reciting the types of sensors that may be used in determining heart rate (¶ 0091).
Applicant argues, under step 2B, that the claimed invention includes a combination of elements that are not well understood, routine, or conventional under Example 35 of USPTO’s SME Examples. (p. 16-20).
Regarding (g), Examiner respectfully disagrees. None of the prior art of record indicates that chatbots are well-understood, routine, and conventional in the art (see, e.g., US 2022/0229993 to Vu et al. at Para. 0028; US 2020/0228470 to Koo et al. at Para. 0003; US 2019/0142062 to Dayama et al. at Para. 0070). The recited the chatbot, wearable device, and server computer do not solve a unique problem or provide a unique solution and therefore the claimed invention is not analogous to the cited Example 35. There is no apparent improvement to the technology of wearable sensors or chatbots as they are recited at a high level of generality.
Examiner further notes that there is no indication in the claims or the specification of how the limitation provides any improvement to a computer or any other technological field. The USPTO 2024 Guidance Update on Patent Subject Matter Eligibility Including on Artificial Intelligence Example 47 provides an example of artificial intelligence that is not patent eligible. The example states “there are no details about a particular DNN or how the DNN operates to derive the embedding vectors other than it is being used to determine the embedding vectors. The DNN is used to generally apply the abstract idea… In addition, the limitation recites only the idea of determining embedding vectors using a DNN without details on how this is accomplished. The claim omits any details as to how the DNN solves a technical problem, and instead recites only the idea of a solution or outcome.” The same is true for the instant claims being examined. The claims do not provide an inventive concept because there is no support in the claims or in the specification regarding how the artificial intelligence works or any details, other than the mere implementation of it. This amounts to the “apply it” that is seen in step 2B.
Applicant argues, under step 2B, that the office action only provides support for generalized chatbots, not customized chatbots. Further, the action has no written evidence that the ballistocardiography sensor is well-understood, routine, and conventional in the art.
Regarding (h), Examiner respectfully disagrees. Because the claimed invention falls under “apply it” and “generally linking” in Step 2B of the analysis, no well-understood, routine, conventional analysis is required. However, Examiner has added it for the chatbot and ballistocardiography heart rate sensor in Step 2B of the rejection. Furthermore, there is nothing in the specification that states the chatbot is customized or unique in any way from established chatbots (see ¶ 00352 which states “the chatbot is operable to receive text and/or audio input and determine characteristics of the input such as, but not limited to, sentiment, meaning, etc. Upon interaction with the chatbot, the platform will direct the user account to resources most likely to be helpful with the information presented by the user.”). For the sake of argument, Examiner also points to the fact that the references do in fact teach customized chatbots, for example, ¶ 0049 and 0055-0062 of Vu et al. US 2022/0229993.
Regarding rejections under 35 U.S.C. § 103 to Claims 1-2, 4-6, 9-14, 16-17, and 19-20, Applicant’s arguments on pages 20-33 of the Remarks dated 11/05/2025 have been fully considered and are persuasive in view of the amendments. Therefore, the rejection has been withdrawn and Claims 1-2, 4-6, 9-14, 16-17, and 19-20 are free of prior art.
Conclusion
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.
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/OLIVIA R. GEDRA/Examiner, Art Unit 3681
/PETER H CHOI/Supervisory Patent Examiner, Art Unit 3681