DETAILED ACTION 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. Section 33(a) of the America Invents Act reads as follows: Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism. Claim 1 is rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability , 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). Claim 1 recites “at least two motion-detecting sensors positioned on a location selected from a forearm, upper arm, and a body location other than the forearm or upper arm of the patient” and “sensors generating … waveform … indicative of motion of the location on the patient’s body to which the … sensor is affixed”. As these location encompass a human body, the recited claim is directed to non-statutory subject matter. Applicant is advised to amend the claim to recite “adapted to be positioned/affixed” to overcome this rejection. In addition, the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) the calculation of vital signs using the first and second time-dependent waveforms, determination of at least one motion parameter, and calculating at least one alarm condition . This recitation covers performance of the limitation in the mind but for the recitation of generic computer components. Accordingly, it falls within the “Mental Processes” grouping of abstract ideas. This judicial exception is not integrated into a practical application . The claim recites a processing component comprising a microprocessor to perform the determinations and calculations, as well as several generic sensors for detecting a time-dependent waveform and motion data. Both the processor and the sensors are recited at a high-level of generality such that its use amounts to no more than the use of well known, routine, and conventional components to obtain data and making the determinations. Accordingly, the additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception . As noted above, the additional elements are directed to generic sensors and a processor. The use of generic sensors to obtain data is considered to be an extra-solution activity of data-gathering, and does not amount to significantly more than the abstract idea. In addition, the mere use of a generic computer to apply an exception does not provide an inventive concept. The claim is not patent eligible. Claim Rejections - 35 USC § 103 The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made. Claim 1 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Stirling et al. (USP #7,602,301) in view of Kim et al. (US 2006/0281979) and Pastore et al. (US 2005/0137626). As to claim 1, Stirling teaches a system for measuring vital signs from a patient, comprising: at least two motion-detecting sensors (131) positioned on a location selected from a forearm, upper arm, and a body location other than the forearm or upper arm of the patient (Fig. 1A) , each of said motion-detecting sensors generating at least one time-dependent motion waveform indicative of motion of the location on the patient's body to which the motion-detecting sensor is affixed (col. 15 lines 4-10), and a processing component (141) configured to be worn on the patient's body and comprising a microprocessor (Fig. 1A) , the processing component configured to receive the at least one time-dependent motion waveform generated by each motion-detecting sensor (col. 17 lines 57-62), and determine at least one motion parameter selected from the patient's posture, activity level, arm height, and degree of motion and calculated using at least one motion waveform generated by each of said motion- detecting sensors (col. 10 lines 1-25), and at least one alarm condition calculated using the at least one motion parameter (col. 21 line 62 to col. 22 line 20). While Stirling teaches a primary use in tracking movements in sports activities, it notes that it can similarly be used for medical purposes (col. 9 lines 3-7). Stirling does not teach a first sensor configured to generate a first time-dependent waveform indicative of one or more contractile properties of the patient's heart; a second sensor configured to generate a second time-dependent waveform indicative of one or more contractile properties of the patient's heart , and using the first time-dependent waveform, the second time-dependent waveform, and determine therefrom: one or more vital signs calculated using the first and second time-dependent waveforms; at least one alarm condition calculated using one or more of the vital signs and at least one motion parameter, wherein an alarm condition indicated by a variance in one or more of the vital signs is regulated according to one or more motion parameters. Kim teaches a device in which body state sensors are used to determine both blood pressure and pulse ([0006]), and utilizes the data from an acceleration sensor to determine whether there is an emergency situation when said vital signs are abnormal ([00 25], [00 34]). While Kim does not specify that the alarm condition is indicated by a variance in one or more of the vital signals, Pastore teaches that heart failure can be detected using heart rate variability and generate an alert signal ([0030]). Accordingly, it would have been obvious to modify Stirling with Kim and Pastore to utilize variations in vital signs to determine an alarm condition. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT CHRISTIAN JANG whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-3820 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday (7-3:30 EST) . 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Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. FILLIN "Examiner Stamp" \* MERGEFORMAT CHRISTIAN JANG Primary Examiner Art Unit 3791 /CHRISTIAN JANG/ Primary Examiner, Art Unit 3791 12/16/25