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
Claims 1-2, 9, and 17 are currently amended.
Claims 8, 10-16 and 18-24 are cancelled.
Response to Arguments
Applicant's arguments filed 12/8/2025 have been fully considered but they are not persuasive.
35 U.S.C. 101: Step 2A Prong 1 and Prong 2
Regarding claim 1, the applicant additionally argues that the amended claims do not recite an
abstract idea.
automatically determine, as an event occurring to the subject, at least whether the subject is exercising or resting by comparing the calculated a sum with predetermined threshold.
mapping, according to predefined criteria, a combination of the short-term stress change amount and the long-term stress change amount to one of plural levels indicating a stress release degree, the plural levels including nine levels in which a decrease in the long-term stress value is weighted more heavily than a decrease in the short-term stress value.
After further consideration, the examiner argues that the first limitation utilizes computer implementation, such as machine learning model or AI models, to automate an abstract idea. A physician may determine whether a subject is exercising or resting based on collected data. The comparison step recited as “comparing the calculated a sum with predetermined threshold,” is a simple equation that can be done in the human mind. The additional sensors are recited as pre-solution activity to the step of data gathering.
The examiner further argues that perform the claimed steps in real-time is not a technological improvement or advancement because the improvement is argued within the abstract idea and not an additional element of computer system itself.
The examiner argues that the second limitation recites an abstract idea. A physician may map a combination of short-term and long-term stress changes, wherein the stress degree is indicated based on 9 levels with a pen and paper. A physician may calculated the plurality of the 9 levels, wherein a decrease in the long-term stress value is weighted more heavily than a decrease in the short-term stress value, using simple weighted equations.
35 U.S.C. 101: Step 2B
Applicant is reminded that abstract ideas cannot provide a practical application or significantly
more (e.g., an improvement). Both Step 2A Prong 2 and Step 2B require an additional element, not an abstract idea, to provide a practical application or significantly more (e.g., an improvement). See Genetic Technologies Limited v. Merial LLC (Fed Cir 2016). Here, the additional elements of claims 1, 9, and 17 are merely generically recited computer elements used as tools for executing the abstract ideas or insignificant extra-solution activity.
Claim Objections
Claims 1, 9, and 17 are objected to because of the following informalities: a = sqrt(x^2 +y^2 + z^2) and a_sum. Appropriate correction is required. The examiner suggest removing the magnitude equation and variable term a_sum.
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 1-9 and 17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claims 1, 9 and 17 recite an apparatus, method, and a non-transitory computer with instructions for performing operations of the device comprising:
compute magnitude for each sample accelerations on three axes;
calculate a statistic including a sum of the magnitude;
determine, as an event occurring to the subject, at least whether the subject is exercising or resting by comparing the calculated a sum with predetermined threshold;
calculating a short-term stress value that indicates stress felt by a subject in a first period;
calculating a long-term stress value that indicates stress felt by the subject in a second period that is longer than the first period and includes the first period;
calculating a short-term stress change amount of the subject based on the difference between the short-term stress values calculated at different timings;
calculating a long-term stress change amount of the subject based on the difference between the long-term stress values calculated at different timings;
and calculating a stress release degree indicating the extent of stress released by the subject by mapping, according to predefined criteria, a combination of the short-term stress change amount and the long-term stress change amount to one of plural levels indicating a stress release degree, the plural levels including nine levels in which a decrease in the long-term stress value is weighted more heavily than a decrease in the short-term stress value;
predict the short-term stress value of the subject by inputting biological information features related to the calculated biological information of the subject into a prediction model that is based on a relationship between a user’s biological information features and a user's short-term stress value at a time point after acquisition of the biological information;
display the at least the short-term stress value, the long-term stress value, and the stress release degree on the display device;
display, in association with each other, calculated time-series short-term stress values of the subject and at least one of events causing stress accumulation and events causing stress release corresponding to each the short-term stress value;
and display, in association with each other, predicted time-series short-term stress values of the subject and at least one of events causing stress accumulation and events causing stress release corresponding to each predicted short-term stress value, wherein the predicted time-series stress values are displayed in a manner different from the calculated time-series short-term stress values.
To determine whether a claim satisfies the criteria for subject matter eligibility, the claim is
evaluated according to a stepwise process as described in MPEP 2106(III) and 2106.03-2106.05. The instant claims are evaluated according to such analysis.
Step 1: Is the claim to a process, machine, manufacture or composition of matter?
Claim 1 is directed to an apparatus, claim 9 is directed to a method and claim 17 is directed to a
computer readable storage medium storing instructions to perform the steps of the method and thus meet the requirements for step 1.
Step 2A (Prong 1): Does the claim recite an abstract idea, law of nature, or natural
phenomenon?
Claims 1, 9 and 17 recite an apparatus, method, and a non-transitory computer with instructions
for performing operations of the device comprising:
compute magnitude for each sample accelerations on three axes;
calculate a statistic including a sum of the magnitude;
determine, as an event occurring to the subject, at least whether the subject is exercising or resting by comparing the calculated a sum with predetermined threshold;
calculating a short-term stress value that indicates stress felt by a subject in a first period;
calculating a long-term stress value that indicates stress felt by the subject in a second period that is longer than the first period and includes the first period;
calculating a short-term stress change amount of the subject based on the difference between the short-term stress values calculated at different timings;
calculating a long-term stress change amount of the subject based on the difference between the long-term stress values calculated at different timings;
and calculating a stress release degree indicating the extent of stress released by the subject by mapping, according to predefined criteria, a combination of the short-term stress change amount and the long-term stress change amount to one of plural levels indicating a stress release degree, the plural levels including nine levels in which a decrease in the long-term stress value is weighted more heavily than a decrease in the short-term stress value;
predict the short-term stress value of the subject by inputting biological information features related to the calculated biological information of the subject into a prediction model that is based on a relationship between a user’s biological information features and a user's short-term stress value at a time point after acquisition of the biological information;
display the at least the short-term stress value, the long-term stress value, and the stress release degree on the display device;
display, in association with each other, calculated time-series short-term stress values of the subject and at least one of events causing stress accumulation and events causing stress release corresponding to each the short-term stress value;
and display, in association with each other, predicted time-series short-term stress values of the subject and at least one of events causing stress accumulation and events causing stress release corresponding to each predicted short-term stress value, wherein the predicted time-series stress values are displayed in a manner different from the calculated time-series short-term stress values.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the
limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Therefore, claims 1, 9, and 17 recite an abstract idea of a mental process.
Claims 1, 9 and 17 recite the abstract idea of a mental process. The limitations as drafted in the
claims, under its broadest reasonable interpretation, covers performance of the claimed steps in the mind, but for the recitation of a generic processor. Other than reciting a generic processing system and memory, nothing in the elements of the claims precludes the step from practically being performed in the mind or manually by a clinician. For example:
“Compute magnitude for each sample accelerations on three axes;” A physician may compute a magnitude of each sample accelerations on three axes using a mathematical equation.
“Calculate a statistic including a sum of the magnitude;” A physician may calculate the sum of the magnitude.
“Determine, as an event occurring to the subject, at least whether the subject is exercising or resting by comparing the calculated a sum with predetermined threshold.” A physician may determine whether a subject is exercising or resting based on collected data. The comparison step recited as “comparing the calculated a sum with predetermined threshold,” is a simple equation that can be done in the human mind.
“Calculating a short-term stress value that indicates stress felt by a subject in a first period.” A physician may calculate a short-term stress value using manual tools in a first period of time.
“Calculating a long-term stress value that indicates stress felt by the subject in a second period that is longer than the first period and includes the first period.” A physician may calculate a long-term stress value using manual tools in a second period of time that is longer than the first period of time.
“Calculating a short-term stress change amount of the subject based on the difference between the short-term stress values calculated at different timings.” A physician may manually calculate a short-term stress change amount by subtracting the short-term stress value from another at different times.
“Calculating a long-term stress change amount of the subject based on the difference between the long-term stress values calculated at different timings.” A physician may manually calculate a short-term stress change amount by subtracting the long-term stress value from another at different times.
“And calculating a stress release degree indicating the extent of stress released by the subject by mapping, according to predefined criteria, a combination of the short-term stress change amount and the long-term stress change amount to one of plural levels indicating a stress release degree, the plural levels including nine levels in which a decrease in the long-term stress value is weighted more heavily than a decrease in the short-term stress value.” A physician may map a combination of short-term and long-term stress changes, wherein the stress degree is indicated based on 9 levels with a pen and paper. A physician may calculated the plurality of the 9 levels, wherein a decrease in the long-term stress value is weighted more heavily than a decrease in the short-term stress value, using simple weighted equations.
“predict the short-term stress value of the subject by inputting biological information features related to the calculated biological information of the subject into a prediction model that is based on a relationship between a user’s biological information features and a user's short-term stress value at a time point after acquisition of the biological information.” A clinician may determine the relationship between acquired biological information and a stress value of a patient by comparing a heart rate value to the stress value.
“Display the at least the short-term stress value, the long-term stress value, and the stress release degree on the display device.” A physician may give a stress diagnosis based on acquired data and stress analysis.
“Display, in association with each other, calculated time-series short-term stress values of the subject and at least one of events causing stress accumulation and events causing stress release corresponding to each the short-term stress value.” A physician may give a stress diagnosis in time series based on acquired data and stress analysis. The physician may also identify what events correspond to the stress value through observation of exercise and stress results.
“And display, in association with each other, predicted time-series short-term stress values of the subject and at least one of events causing stress accumulation and events causing stress release corresponding to each predicted short-term stress value, wherein the predicted time-series stress values are displayed in a manner different from the calculated time-series short-term stress values.” A physician may predict short-term stress values in a time-series based on accumulated data gathered.
Furthermore claim 2 and 7 recite additional steps that can be manually performed by the
clinician
Step 2A (Prong 2): Does the claim recite additional elements that integrate the judicial
exception into a practical application?
Claims 1, 7, 9, and 17 recite the additional elements of a “a processor”, “memory”, “a sensor”, and a “machine learning model” which are being interpreted as a processor of a data gathering device.
The additional element “sensor” does integrate the judicial exception into a practical application. This is because the limitation recite pre-solution activity to the step of data gathering.
The use of a machine learning model is computer implementation to automate and perform the abstract calculation steps.
However, these elements are recited at a high level of generality performing the function of generic data processing such that they amount to no more than mere instructions to simply implement the abstract idea using generic computer components. See MPEP 2106.05(b) and (f).
Accordingly, the additional elements do not integrate the abstract idea into a practical
application.
Step 2B: Does the claim recite additional elements that amount to significantly more than the
judicial exception?
The additional elements when considered individually and in combination are not enough to
qualify as significantly more than the abstract idea. As discussed above with respect to integration of the abstract idea into a practical application, “a processor”, “memory”, “a sensor”, and a “machine learning model” which are being interpreted as a processor of a data gathering device. as recited to perform the steps of:
compute magnitude for each sample accelerations on three axes;
calculate a statistic including a sum of the magnitude;
determine, as an event occurring to the subject, at least whether the subject is exercising or resting by comparing the calculated a sum with predetermined threshold;
calculating a short-term stress value that indicates stress felt by a subject in a first period;
calculating a long-term stress value that indicates stress felt by the subject in a second period that is longer than the first period and includes the first period;
calculating a short-term stress change amount of the subject based on the difference between the short-term stress values calculated at different timings;
calculating a long-term stress change amount of the subject based on the difference between the long-term stress values calculated at different timings;
and calculating a stress release degree indicating the extent of stress released by the subject by mapping, according to predefined criteria, a combination of the short-term stress change amount and the long-term stress change amount to one of plural levels indicating a stress release degree, the plural levels including nine levels in which a decrease in the long-term stress value is weighted more heavily than a decrease in the short-term stress value;
predict the short-term stress value of the subject by inputting biological information features related to the calculated biological information of the subject into a prediction model that is based on a relationship between a user’s biological information features and a user's short-term stress value at a time point after acquisition of the biological information;
display the at least the short-term stress value, the long-term stress value, and the stress release degree on the display device;
display, in association with each other, calculated time-series short-term stress values of the subject and at least one of events causing stress accumulation and events causing stress release corresponding to each the short-term stress value;
and display, in association with each other, predicted time-series short-term stress values of the subject and at least one of events causing stress accumulation and events causing stress release corresponding to each predicted short-term stress value, wherein the predicted time-series stress values are displayed in a manner different from the calculated time-series short-term stress values.
amount to no more than mere instructions to apply the exception using generic computer
components. Mere instructions to apply an exception using generic components cannot provide an inventive concept. These additional elements are well‐understood, routine (For example Fontanel et al. US Pub.: US 20190328316 A1, hereinafter Fontanel) teaches a data gathering device with a processor and memory, and conventional limitations that amount to mere instructions or elements to implement the abstract idea. In addition, the end result of the system/method, the essence of the whole, is a patent-ineligible concept. Therefore, the claims are not patent eligible.
Although there is no prior art rejection, the claims cannot be considered allowable subject
matter due to the 35 U.S.C. 101 rejection as disclosed above.
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20190328316 A1
US 5267568 A
US 20170215749 A1
US 20170127993 A1
WO 2019159252 A1
The pertinent prior art discloses a wearable data gathering device with steps of calculating
stress levels at short time periods and using the data to calculate an overall stress degree of the patient. Although the art does not teach the specific steps taught, it is well known to calculate an overall stress degree of the patient by gathering short-term stress levels.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN J TRAN whose telephone number is (571)272-0486. The examiner can normally be reached M-F. 8:30 am - 5:30 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, Benjamin Klein can be reached on 571-270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.J.T./Examiner, Art Unit 3792
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792