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 Amendments
Claims 1-20 are currently pending in this case and have been examined and
addressed below. This communication is a Final Rejection in response to the
Amendment to the Claims and Remarks filed on 01/02/2026.
Claims 1, 12, and 17 are amended claims.
Claims 2-11, 13-16, and 18-20 are previously presented.
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 1-20 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (i.e. an abstract idea) without significantly more.
Step 1 – Statutory Categories of Invention:
Claims 1-20 are drawn to a system and method, which are statutory categories of invention.
Step 2A – Judicial Exception Analysis, Prong 1:
Independent claim 1 recites a system for process the physiological data associated with the user, the physiological data comprising the skin temperature data and heart rate data; receive historical restorative moment data associated with the user and physiological data from one or more second users that share one or more physiological characteristics with the user; determine a plurality of weights associated with a plurality of time intervals in accordance with the historical restorative moment data associated with the user and the physiological data from the one or more second users; receive the physiological data, the physiological data comprising at least the heart rate data and the skin temperature data; assign a first weight to the physiological data for a first time interval of the plurality of time intervals based at least in part on a circadian rhythm of the user, wherein the first weight is associated with a higher probability of the first time interval corresponding to a restorative movement; assign a second weight to the physiological data for a second time interval of the plurality of time intervals based at least in part on the circadian rhythm of the user, wherein the second weight is associated with a lower probability of the second time interval corresponding to the restorative movement; identify that the heart rate data is less than or equal to a heart rate threshold for at least a portion of a time interval, wherein the heart rate threshold is based at least in part on a relative position of the time interval relative to a circadian rhythm associated with the user; identify that the skin temperature data is within a temperature range of a baseline temperature associated with the user for at least the portion of the time interval, wherein the baseline temperature is based at least in part on the relative position of the time interval relative to the circadian rhythm associated with the user; identify a restorative moment for the time interval that the user is in a relaxed state based at least in part on a relationship between the heart rate data and the skin temperature data, wherein the relationship is based at least in part on the heart rate data being less than or equal to the heart rate threshold and the skin temperature data being within the temperature range of the baseline temperature, wherein the restorative moment is identified.
Independent Claim 17 recites a method for determining a plurality of weights associated with a plurality of time intervals in accordance with historical restorative moment data associated with the user and physiological data from one or more second users; assign a first weight to the physiological data for a first time interval of the plurality of time intervals based at least in part on a circadian rhythm of the user, wherein the first weight is associated with a higher probability of the first time interval corresponding to a restorative movement; assign a second weight to the physiological data for a second time interval of the plurality of time intervals based at least in part on the circadian rhythm of the user, wherein the second weight is associated with a lower probability of the second time interval corresponding to the restorative movement; identifying that the heart rate data is less than or equal to a heart rate threshold for at least a portion of a time interval, wherein the heart rate threshold is based at least in part on a relative position of the time interval relative to a circadian rhythm associated with the user; identifying that the temperature data is within a temperature range of a baseline temperature associated with the user for at least the portion of the time interval, wherein the baseline temperature is based at least in part on the relative position of the time interval relative to the circadian rhythm associated with the user; identifying a restorative moment for the time interval that the user is in a relaxed state based at least in part on a relationship between the heart rate data and the skin temperature data measured, wherein the relationship is based at least in part on the heart rate data being less than or equal to the heart rate threshold and the skin temperature data being within the temperature range of the baseline temperature, wherein the restorative moment is identified.
These steps amount to certain methods of organizing human activity which includes functions relating to managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) (MPEP § 2106.04(a)(2)(II)(C) citing the abstract idea grouping for methods of organizing human activity for managing personal behavior or relationships or interactions between people – also note 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).
Step 2A – Judicial Exception Analysis, Prong 2:
This judicial exception is not integrated into a practical application because the additional elements within the claims only amount to instructions to implement the judicial exception using a computer [MPEP 2106.05(f)].
The claims recite the additional elements of one or more processors, wireless
communications module, user device, health-related application, one or more additional
processors, one or more servers, and a graphical user interface of a user device.
These elements are recited at a high-level of generality such that it amounts to mere instructions to apply the exception because this is an example of applying the abstract idea by use of general-purpose computer which does not integrate the abstract idea into a practical application.
Claims 1 recites a wearable ring device configured to acquire physiological data from a finger of a user; one or more temperature sensors disposed at least partially within or beneath an inner curved surface of the wearable ring device and configured to acquire skin temperature data from the user through the inner curved surface; one or more light-emitting components configured to emit light into a tissue of the user through the inner curved surface of the wearable ring device; one or more light-receiving components configured to receive, through the inner curved surface, the light emitted by the one or more light-emitting components through the tissue of the user; the physiological data comprising the skin temperature data and heart rate data that is based at least in part on the light received by the one or more light- receiving components. Claim 17 recites measuring, using a wearable ring device configured to be worn on a finger of a user, physiological data associated with the user via blood flow at one or more periphery parts of a body of the user, the one or more periphery parts comprising at least the finger of the user, the physiological data comprising at least heart rate data acquired through an inner curved surface of the wearable ring device via one or more light-emitting components and one or more light- receiving components, and skin temperature data acquired through the inner curved surface of the wearable ring device via one or more temperature sensors. These limitations recite devices and sensors being used in its ordinary capacity which amounts to merely being a tool to execute the abstract idea, and thus does not integrate a judicial exception into a practical application or provide significantly more (MPEP § 2106.05(f)(2) see TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016)).
Claims 1 and 17 recite a machine learning classifier; inputting the plurality of weights into a machine learning classifier; inputting the physiological data into the machine learning classifier; train the machine learning classifier to identify restorative moments associated with the user based at least in part on inputting the plurality of weights; and the machine learning classifier based at least in part on training the machine learning classifier using the plurality of weights. These limitations are recited as tools to apply data to an algorithm and report the results (MPEP § 2106.05(f)(2) see case involving a commonplace business method or mathematical algorithm being applied on a general purpose computer within the “Other examples.. i.”) amounting to instruction to implement the abstract idea using a general purpose computer. Alice Corp. Pty. Ltd. V. CLS Bank Int’l, 134 S. Ct. 2347, 1357 (2014).
Claims 1 and 17 recites transmit the physiological data and transmit a signal configured to cause a graphical user interface (GUI) of the user device to display an indication of the restorative moment. The above claims, as a whole, are therefore directed to an abstract idea. Transmitting a signal is recited as a tool which only serves as extra solution activities incidental to the primary process that is merely a nominal or tangential addition to the claim (MPEP § 2106.05(g) - insignificant pre/post-solution activity) and is therefore not a practical application of the recited judicial exception.
Claims 1 and 17 recite cause the graphical user interface of the user to device to display the indication of the restorative moment and a message associated with the restorative moment, wherein the message comprises a recommended duration for future restorative moments to reduce stress or anxiety experienced by the user. Displaying an indication of the restorative moment and a message amounts to insignificant extra-solution activity as mere data outputting which is well-understood, routine and conventional as it is similar to Presenting offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63m 115 USOQ2d at 1092-93, as per MPEP 2106.05(d)(II).
The above claims, as a whole, are therefore directed to an abstract idea.
Step 2B – Additional Elements that Amount to Significantly More:
The present claims do not include additional elements that are sufficient to amount to more than the abstract idea because the additional elements or combination of elements amount to no more than a recitation of instructions to implement the abstract idea on a computer.
As discussed above with respect to integration of the abstract idea into a
practical application, the claims recite the additional elements of one or more processors, wireless communications module, user device, health-related application, one or more additional processors, one or more servers, and a graphical user interface of a user device.
Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. Their collective functions merely provide conventional computer implementation.
Claims 1 recites a wearable ring device configured to acquire physiological data from a finger of a user; one or more temperature sensors disposed at least partially within or beneath an inner curved surface of the wearable ring device and configured to acquire skin temperature data from the user through the inner curved surface; one or more light-emitting components configured to emit light into a tissue of the user through the inner curved surface of the wearable ring device; one or more light-receiving components configured to receive, through the inner curved surface, the light emitted by the one or more light-emitting components through the tissue of the user; the physiological data comprising the skin temperature data and heart rate data that is based at least in part on the light received by the one or more light- receiving components. Claim 17 recites measuring, using a wearable ring device configured to be worn on a finger of a user, physiological data associated with the user via blood flow at one or more periphery parts of a body of the user, the one or more periphery parts comprising at least the finger of the user, the physiological data comprising at least heart rate data acquired through an inner curved surface of the wearable ring device via one or more light-emitting components and one or more light- receiving components, and skin temperature data acquired through the inner curved surface of the wearable ring device via one or more temperature sensors. The specification recites: “System 200 illustrates an example of a ring 104 (e.g., wearable device 104), a user device 106, and a server 110, as described with reference to FIG. 1. The ring 104 may be configured to be worn around a user's finger, and may determine one or more user physiological parameters when worn around the user's finger. Example measurements and determinations may include, but are not limited to, user skin temperature, pulse waveforms, respiratory rate, heart rate, HRV, blood oxygen levels, and the like,” (Para. 0033), “The temperature sensor 240 may be configured to generate a temperature signal (e.g., temperature data) that indicates a temperature read or sensed by the temperature sensor 240. In the ring 104, temperature data generated by the temperature sensor 240 may indicate a temperature of a user at the user's finger (e.g., skin temperature). In some implementations, the temperature sensor 240 may contact the user's skin,” (Para. 0052), “The ring 104 may include a PPG system 235. The PPG system 235 may include one or more optical transmitters that transmit light. The PPG system 235 may also include one or more optical receivers that receive light transmitted by the one or more optical transmitters. An optical receiver may generate a signal (hereinafter "PPG" signal) that indicates an amount of light received by the optical receiver. The optical transmitters may illuminate a region of the user's finger. The PPG signal generated by the PPG system 235 may indicate the perfusion of blood in the illuminated region. For example, the PPG signal may indicate blood volume changes in the illuminated region caused by a user's pulse pressure,” (Para. 0061). The specification and the instant claims do not provide any indication that a wearable ring device, one or more temperature sensors, one or more light-emitting components, and one or more light-receiving components is being utilized beyond its ordinary capacity. Therefore, this step is directed towards the medical sensor being used in its ordinary capacity which amounts to merely being a tool to execute the abstract idea, and thus does not integrate a judicial exception into a practical application or provide significantly more (MPEP § 2106.05(f)(2) see TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016)).
Claims 1 and 17 recite a machine learning classifier; inputting the plurality of weights into a machine learning classifier; inputting the physiological data into the machine learning classifier; train the machine learning classifier to identify restorative moments associated with the user based at least in part on inputting the plurality of weights; and he machine learning classifier based at least in part on training the machine learning classifier using the plurality of weights. These limitations are recited as tools to apply data to an algorithm and report the results (MPEP § 2106.05(f)(2) see case involving a commonplace business method or mathematical algorithm being applied on a general purpose computer within the “Other examples.. i.”) amounting to instruction to implement the abstract idea using a general purpose computer. Alice Corp. Pty. Ltd. V. CLS Bank Int’l, 134 S. Ct. 2347, 1357 (2014).
Claims 1 and 17 recites transmit the physiological data and transmit a signal configured to cause a graphical user interface (GUI) of the user device to display an indication of the restorative moment and cause the graphical user interface of the user to device to display the indication of the restorative moment and a message associated with the restorative moment, wherein the message comprises a recommended duration for future restorative moments to reduce stress or anxiety experienced by the user. The courts have decided that presenting generated data as well-understood, routine, conventional activity when claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity (MPEP § 2106.05(d)(II) other types of activities example iv. presenting offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93).
For the reasons stated, these claims fail the Subject Matter Eligibility Test and are consequently rejected under 35 U.S.C. § 101.
Analysis of Dependent Claims
Dependent claim 2 and 18 recites identify the baseline temperature associated with the user based at least in part on receiving the physiological data, wherein the baseline temperature is based at least in part on comprises a nighttime temperature baseline.
Dependent Claim 3 and 19 recites identify that the movement data is within a range of a baseline movement associated with the user for at least the portion of the time interval, wherein identifying the restorative moment for the time interval is based at least in part on the movement data being within the range of the baseline movement.
Dependent Claim 4 recites cause the graphical user interface of the user device to display an indication of the heart rate data.
Dependent Claim 5 and 20 recites identify that the heart rate variability data is within a range of a baseline heart rate variability associated with the user for at least the portion of the time interval, wherein identifying the restorative moment for the time interval is based at least in part on the heart rate variability data being within the range of the baseline heart rate variability.
Dependent Claim 6 recites identify that the galvanic skin response data is within a range of a baseline galvanic skin response associated with the user for at least the portion of the time interval, wherein identifying the restorative moment for the time interval is based at least in part on the galvanic skin response data being within the range of the baseline galvanic skin response.
Dependent Claim 7 recites update a readiness score associated with the user based at least in part on identifying the restorative moment.
Dependent Claim 8 recites wherein the restorative moment is identified based at least in part on an increase in the skin temperature data and a decrease in the heart rate data.
Dependent claim 12 recites wherein the message comprises a time of day that the restorative moment was identified, a duration of the restorative moment, a success metric associated with the restorative moment, a recommended duration for future restorative moments, a quantity of restorative moments identified, or a combination thereof.
Dependent claim 13 recites identify a training stress score associated with a workout performed by the user during a second time interval that precedes the time interval, wherein the heart rate threshold, the baseline temperature, or both, are based at least in part on the training stress score.
Dependent claim 14 recites identify a nighttime temperature baseline for a plurality of users; and identify the baseline temperature associated with the user based at least in part on identifying the nighttime temperature baseline.
Dependent claim 15 recites identify one or more historical restorative moments associated with the user based at least in part on baseline physiological data acquired from the user via the wearable ring device; and determine a plurality of weights associated with a plurality of time intervals based at least in part on the one or more historical restorative moments, the plurality of weights associated with a relative probability that the plurality of time intervals include restorative moments, wherein the restorative moment is identified based at least in part on the plurality of weights.
Each of these steps of the preceding dependent claims 1-3, 5-8, 10-15, and 18-20 only serve to further limit or specify the features of independent claims 1 or 17 accordingly, and hence are nonetheless directed towards fundamentally the same abstract idea as the independent claim.
Dependent Claim 9 recites input the physiological data into a machine learning classifier, wherein identifying the restorative moment is based at least in part on inputting the physiological data into the machine learning classifier. The use of a machine learning classifier to carry out the steps of the abstract idea is mere instructions to apply the exception because a mathematical algorithm applied on a general-purpose computer has been found by the courts to be mere instructions to apply as in MPEP 2106.05(f)(2).
Dependent Claim 10 recites receive, via the user device and in response to identifying the restorative moment, a confirmation of the restorative moment. The user device is an additional element, which do not add meaningful limitations to the abstract idea beyond mere instructions to apply an exception, therefore do not provide a practical application or significantly more.
Dependent Claim 11 recites receive, via the user device, an indication of a relaxed moment, an indication of an emotional state associated with the user, or both, wherein identifying the restorative moment is based at least in part on receiving the indication of the relaxed moment, the indication of the emotional state, or both. The user device is an additional element, which do not add meaningful limitations to the abstract idea beyond mere instructions to apply an exception, therefore do not provide a practical application or significantly more.
Dependent claim 16 recites input the plurality of weights into a machine learning classifier; and train the machine learning classifier to identify restorative moments associated with the user based at least in part on inputting the plurality of weights, wherein the restorative moment is identified via the machine learning classifier based at least in part on training the machine learning classifier using the plurality of weights. The use of a machine learning classifier and train(ing) the machine learning classifier to carry out the steps of the abstract idea is mere instructions to apply the exception because a mathematical algorithm applied on a general-purpose computer has been found by the courts to be mere instructions to apply as in MPEP 2106.05(f)(2).
Subject Matter Free of the Prior Art
The following is an examiner’s statement of subject matter free of the prior art:
The ordered combination of the limitations in independent claims 1 and 17 (Claim 17 being representative): “assigning a first weight to the physiological data for a first time interval of the plurality of time intervals based at least in part on a circadian rhythm of the user, wherein the first weight is associated with a higher probability of the first time interval corresponding to a restorative movement; assigning a second weight to the physiological data for a second time interval of the plurality of time intervals based at least in part on the circadian rhythm of the user, wherein the second weight is associated with a lower probability of the second time interval corresponding to the restorative movement”.
The most remarkable prior art of record as follows:
Heneghan et al (US 20220265208 A1) teaching on labeling a time period associated with the first time window with an indicator indicating a first sleep stage selected from a plurality of sleep stages using the motion data and the cardiopulmonary pulse-related data and associating features of data set with weighting factors [Para. 0018 and 0120].
Guazzi et al (US 20200397366 A1) teaching on a sleep probability value that take into account circadian rhythm and two individual weights of sleep-wake pressure value output [Para. 0028].
While Heneghan teaches labeling a time period associated with a sleep stage
and associating features of a dataset with weighting factors and Guazzi teaches a determination of sleep probability value based on circadian rhythm and two individual weights of sleep-wake pressure value output, neither teaches, individually or in combination, assigning a first weight to the physiological data for a first time interval of the plurality of time intervals based at least in part on a circadian rhythm of the user, wherein the first weight is associated with a higher probability of the first time interval corresponding to a restorative movement and assigning a second weight to the physiological data for a second time interval of the plurality of time intervals based at least in part on the circadian rhythm of the user, wherein the second weight is associated with a lower probability of the second time interval corresponding to the restorative movement.
Therefore, Claims 1-20 are free of the prior art.
Response to Arguments
Applicant's arguments, see pgs. 11-13 “35 U.S.C. 101”, filed 01/02/2026 have been fully considered but they are not persuasive.
Applicant asserts that Claims 1 and 17 do not recite a judicial exception and does not recite a mental process. Examiner respectfully disagrees. The claims recite (Claim 1 being representative) process the physiological data associated with the user, the physiological data comprising the skin temperature data and heart rate data; receive historical restorative moment data associated with the user and physiological data from one or more second users that share one or more physiological characteristics with the user; determine a plurality of weights associated with a plurality of time intervals in accordance with the historical restorative moment data associated with the user and the physiological data from the one or more second users; receive the physiological data, the physiological data comprising at least the heart rate data and the skin temperature data; assign a first weight to the physiological data for a first time interval of the plurality of time intervals based at least in part on a circadian rhythm of the user, wherein the first weight is associated with a higher probability of the first time interval corresponding to a restorative movement; assign a second weight to the physiological data for a second time interval of the plurality of time intervals based at least in part on the circadian rhythm of the user, wherein the second weight is associated with a lower probability of the second time interval corresponding to the restorative movement; identify that the heart rate data is less than or equal to a heart rate threshold for at least a portion of a time interval, wherein the heart rate threshold is based at least in part on a relative position of the time interval relative to a circadian rhythm associated with the user; identify that the skin temperature data is within a temperature range of a baseline temperature associated with the user for at least the portion of the time interval, wherein the baseline temperature is based at least in part on the relative position of the time interval relative to the circadian rhythm associated with the user; identify a restorative moment for the time interval that the user is in a relaxed state based at least in part on a relationship between the heart rate data and the skin temperature data, wherein the relationship is based at least in part on the heart rate data being less than or equal to the heart rate threshold and the skin temperature data being within the temperature range of the baseline temperature, wherein the restorative moment is identified, in which these behaviors are best categorized as human task. Because the claim elements fall under a series of rules or instructions that a person or persons would follow, the claimed invention is directed to an abstract idea.
Examiner notes that the abstract grouping of mental process was never asserted as being the basis of the 101 rejection.
Applicant asserts that Claim 1 and 17 recite features that integrate any alleged abstract idea into a practical application. Regarding independent claim 1, the features of "caus[ing] the graphical user interface of the user to device to display the indication of the restorative moment and a message associated with the restorative moment, wherein the message comprises a recommended duration for future restorative moments to reduce stress or anxiety experienced by the user," improves the functioning of a system that includes the wearable ring device by better-identifying periods of restfulness for a user, resulting in devices and systems able to provide improved insights and guidance to a user to better-correlate their overall recovery with how they are actually feeling. Examiner respectfully disagrees. The step of caus[ing] the graphical user interface of the user to device to display the indication of the restorative moment and a message associated with the restorative moment has been identified as MPEP 2106.05(a)(II) recites that the courts have indicated that merely gathering and analyzing information using conventional techniques and displaying the result (TLI Communications, 823 F.3d at 612-13, 118 USPQ2d at 1747-48) does not amount to an improvement to technology.
Applicant's arguments, see pgs. 13-16 “35 U.S.C. 103”, filed 01/02/2026, with respect to the rejection(s) of claim(s) 1-20 have been fully considered and are persuasive regarding the newly added limitations. Therefore, the rejection has been withdrawn.
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 Patricia K Edouard whose telephone number is (571)272-6084. The examiner can normally be reached Monday - Friday 7:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter H Choi can be reached at 469-295-9171. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/P.K.E./Examiner, Art Unit 3681
/PETER H CHOI/Supervisory Patent Examiner, Art Unit 3681
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