DETAILED ACTION
Notice to Applicant
This action is in reply to the filed on 6/20/2025.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1, 8-9 and 17 have been amended.
Claim 1-20 currently pending and have been examined.
Response to Amendments
The Applicant’s amendments, and cancellation, of the claims as currently submitted have been noted by the Examiner. Said amendments, and cancellation(s), are not sufficient to overcome the rejection previously set forth under 35 U.S.C. §101. As such, said rejection is herein maintained for reasons set forth below.
With the amendment of claim 8, applicant has successfully overcome the Examiner’s claim objections and Examiner withdraws his claim objections.
With the amendment of claims 1, 8-9 and 17 , applicant has successfully overcome the Examiner’s 35 USC 103 rejection and Examiner withdraws his 35 USC 103 rejection. Putra et al. 2019 and Aimone et al. do not teach “determining a baseline of the one or more biological properties for the individual,” etc.
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.
Human Interactions Organized
Applicant discloses (Applicant’s Specification, [0002]) that many serious health conditions go unnoticed. So a need exists to organize these human interactions by/through detecting and classifying higher-order patterns based on data using the steps of “continuously monitoring data generated by device, determining baseline properties, detecting an anomaly of the data; and determining whether an anomaly is a false positive anomaly or a true positive anomaly by querying the user and/or analyzing data,” etc. Applicant’s system is therefore a certain method of organizing the human activities as described and disclosed by Applicant.
Rejection
Claim(s) 1-20 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim(s) 1, 9 and 17 is/are directed to the abstract idea of “detecting and classifying higher-order patterns based on data,” etc. (Applicant’s Specification, Abstract, paragraph(s) [0001]), etc., as explained in detail below, and thus grouped as a certain method of organizing human interactions. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional computer elements, which are recited at a high level of generality, provide conventional computer functions that do not add meaningful limits to practicing the abstract idea. Accordingly, claims 1-20 recite an abstract idea.
Step 2A Prong 1 – The Judicial Exception
The claim(s) recite(s) in part, system for performing the steps of “continuously monitoring data generated by device, determining baseline properties, detecting an anomaly of the data; and determining whether an anomaly is a false positive anomaly or a true positive anomaly by querying the user and/or analyzing data,” etc., that is “detecting and classifying higher-order patterns based on data,” etc. which is a method of managing personal behavior or relationships or interactions between people (social activities, teaching, following rules, instructions) and thus grouped as a certain method of organizing human interactions. Accordingly, claims 1-20 recite an abstract idea.
Step 2A Prong 2 – Integration of the Judicial Exception into a Practical Application
This judicial exception is not integrated into a practical application because the generically recited additional computer elements (i.e. processors, networks, digital electronic circuitry, logic circuitry, computer systems, buses, video displays, input devices, user interface devices, disk drive units, network interface devices (Applicant’s Specification [0058]-[0061], [0063]-[0067]), etc.) to perform steps of “continuously monitoring data generated by device, determining baseline properties, detecting an anomaly of the data; and determining whether an anomaly is a false positive anomaly or a true positive anomaly by querying the user and/or analyzing data,” etc. do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer and this is nothing more than an attempt to generally link the product of nature to a particular technological environment. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limit on practicing the abstract idea. Accordingly, the claims are directed to an abstract idea.
Insignificant extra-solution activity
Claim(s) 1-20 recites storing data steps, retrieving data steps, providing data steps, output steps (Bilski v. Kappos, 561 U.S. 593, 610-12 (2010), Bancorp Servs., L.L.C. v. Sun Life Assur. Co. of Can., 771 F.Supp.2d 1054, 1066 (E.D. Mo. 2011), aff’d, 687 F.3d at 1266), and/or transmitting data step (buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355 (Fed. Cir. 2014), Apple, Inc. v. Ameranth, Inc., 842 F.3d 1299, 1241-42 (Fed. Cir. 2016)) that is/are insignificant extra-solution activity. Extra-solution activity limitations are insufficient to transform judicially excepted subject matter into a patent-eligible application (MPEP §2106.05(g)).
Step 2B – Search for an Inventive Concept/Significantly More
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because as discussed above with respect to integration into a practical application, the additional elements (i.e. processors, networks, digital electronic circuitry, logic circuitry, computer systems, buses, video displays, input devices, user interface devices, disk drive units, network interface devices, etc.) are recited at a high level of generality, and the written description indicates that these elements are generic computer components. Using generic computer components to perform abstract ideas does not provide a necessary inventive concept (Alice, 573 U.S. at 223 (“mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention.”)). Accordingly, the claims are not patent eligible.
Individually and in Combination
The additional elements when considered both individually and as an ordered combination do not amount to significantly more than the abstract idea. The additional elements amount to no more than generic computer components that serve to merely link the abstract idea to a particular technological environment (i.e. processors, networks, digital electronic circuitry, logic circuitry, computer systems, buses, video displays, input devices, user interface devices, disk drive units, network interface devices, etc.). At paragraph(s) [0058]-[0061], [0063]-[0067], Applicant’s specification describes generic computer hardware for implementing the above described functions including “processors, networks, digital electronic circuitry, logic circuitry, computer systems, buses, video displays, input devices, user interface devices, disk drive units, network interface devices,” etc. to perform the functions of “continuously monitoring data generated by device, determining baseline properties, detecting an anomaly of the data; and determining whether an anomaly is a false positive anomaly or a true positive anomaly by querying the user and/or analyzing data,” etc. The recited “processors, networks, digital electronic circuitry, logic circuitry, computer systems, buses, video displays, input devices, user interface devices, disk drive units, network interface devices,” etc. does/do not add meaningful limitations to the idea of beyond generally linking the system to a particular technological environment, that is, implementation via computers. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer, or improves any other technology, or improves a technical field, or provides a technical improvement to a technical problem. Their collective functions merely provide generic computer implementation. Therefore, claims 1-20 do not amount to significantly more than the underlying abstract idea of “an idea of itself” (Alice).
Dependent Claims
Dependent claim(s) 2-8, 10-16 and 18-20 include(s) all the limitations of the parent claims and are directed to the same abstract idea as discussed above and incorporated herein.
Although dependent claims 2-8, 10-16 and 18-20 add additional limitations, they only serve to further limit the abstract idea by reciting limitations on what the information is and how it is received and used. Dependent claims 2-8, 10-16 and 18-20 merely describe physical structures to implement the abstract idea. These information and physical characteristics do not change the fundamental analogy to the abstract idea grouping of certain method of organizing human interactions, and when viewed individually or as a whole, they do not add anything substantial beyond the abstract idea. Furthermore, the combination of elements does not indicate a significant improvement to the functioning of a computer or any other technology. Therefore, the claims when taken as a whole are ineligible for the same reasons as independent claim(s) 1, 9 and 17.
Response to Arguments
Applicant’s arguments filed 6/20/2025 with respect to claims 1-20 have been fully considered and they are partially persuasive. Applicant’s arguments will be addressed herein below in the order in which they appear in the response filed 6/20/2025.
Applicant’s arguments filed on 6/20/2025 with respect to claims 1-20 have been fully considered but are moot in view of the new ground(s) of rejection.
Applicant argues that (A) Putra et al. 2019 and Aimone et al. do not render obvious the present invention because Putra et al. 2019 and Aimone et al. do not disclose “determining a baseline of the one or more biological properties for the individual,” etc. in the previously presented and/or presently amended claims, (B) the Applicant’s claimed invention is directed to statutory matter.
103 Responses
In response to Applicant’s argument (A), Applicant’s arguments with regard to the application of Putra et al. 2019 and Aimone et al. to the amended limitations have been found persuasive. Putra et al. 2019 and Aimone et al. do not teach “determining a baseline of the one or more biological properties for the individual.” Applicant has successfully overcome the Examiner’s 35 USC 103 rejection and Examiner withdraws his 35 USC 103 rejection.
101 Responses
As per Applicant’s argument (B), Applicant’s remarks with regard to the statutory nature of Applicant’s claimed invention are addressed above in the Office Action.
Applicant’s Amendments
Applicant amended claims recite “continuously monitoring data,” and “determining a baseline of the one or more biological properties for the individual.” These are information processing steps that is part of Applicant’s abstract idea and does not move Applicant’s invention into eligible subject matter. Applicant’s argument is not persuasive.
2019 PEG Neither Limiting nor Exhaustive
Further, the enumerated examples in the 2019 PEG are neither limiting nor exhaustive. They are exemplary. Applicant’s argument is not persuasive.
Conclusion
Applicant’s amendment necessitated the new ground(s) for 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 for 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 extension free 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES P. COLEMAN whose telephone number is (571) 270-7788. The examiner can normally be reached on Monday through Thursday 7:30a - 5:00p.
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/C. P. C./
Examiner, Art Unit 3683
/ROBERT W MORGAN/Supervisory Patent Examiner, Art Unit 3683