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 .
Claim Rejections - 35 USC § 101
Claims 33,35-42,44-54 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Claims 33,35-41 are for a method, and claims 42,44-54 are for an apparatus. Thus, the claims are for statutory subject matter.
Step 2A, Prong 1
Claims 33,42,51 include the steps of determining reconstructed signals, determining an abnormal signal, and determining a coronary heart disease probability. These steps are considered to be an abstract idea in the form of mathematical concepts, such as mathematical calculations. Additionally, the step of determining a probability can also be considered a mental process in that it can be performed in the human mind itself, or with pen and paper. The courts do not distinguish between mental processes that are performed entirely in the human mind and mental processes that require a human to use a physical aid (e.g., pen and paper or a slide rule) to perform the claim limitation. See, e.g., Benson, 409 U.S. at 67, 65, 175 USPQ at 674-75, 674 (noting that the claimed "conversion of [binary-coded decimal] numerals to pure binary numerals can be done mentally," i.e., "as a person would do it by head and hand."); Synopsys, Inc. v. Mentor Graphics Corp., 839 F.3d 1138, 1139, 120 USPQ2d 1473, 1474 (Fed. Cir. 2016) (holding that claims to a mental process of "translating a functional description of a logic circuit into a hardware component description of the logic circuit" are directed to an abstract idea, because the claims "read on an individual performing the claimed steps mentally or with pencil and paper"). See MPEP 2106.04(a).
Step 2A, Prong 2
Re claim 33, the only step, other than the abstract idea, is the step of obtaining an ECG. Such step is considered to be merely data gathering to provide data for use in the abstract idea, and does not serve to integrate the idea into a practical application. Claims 35,36,37,38-41, only include further details of the abstract idea (mathematical concepts). Thus, they do not include any steps that serve to integrate the abstract idea into a practical application.
Re claim 42, the only other structure, other than the abstract idea, are a processor and memory. A processor and memory are well known devices used to carry out the abstract idea, and they, by themselves or considered as a whole, do not serve to integrate the abstract idea into a practical application. Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). See MPEP 2106.05(f). Further, claims 44-50 include only further detail re the abstract idea (mathematic concepts) and do not include anything else that would serve to integrate the abstract idea into practical application.
Re claim 51, the only other structure, other than the abstract idea, are a processor and memory. A processor and memory are well known devices used to carry out the abstract idea, and they, by themselves or considered as a whole, do not serve to integrate the abstract idea into a practical application. Further, claims 51,52 include only further details re the abstract idea (mathematic concepts) and do not include anything else that would serve to integrate the abstract idea into practical application. Also, re clams 53,54, use of a wearable device is considered to be an instruction to use the abstract idea in a device set forth in a high level of generality. Wearable devices are well known and only generally link the abstract idea to a particular environment, and not integrate it into a practical application.
Step 2B
Re claim 33, the step of obtaining an ECG is considered to be well understood, routine and conventional in order to provide data for use in the abstract idea. Re claims 42,51, a processor and memory, as well as the step of obtaining an ECG are all considered to be well known and routine and conventional. The processor and memory are general devices that are used to perform the abstract idea. Re claims 53,54, wearable device are also very well known and routine and conventional, and set forth in a high level of generality. The abstract idea uses such devices to apply it for use. Re the remaining dependent claims, not other steps or structure are set forth other than the abstract idea.
Since new rejections have been made, this office action is not made final.
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/Scott M. Getzow/Primary Examiner, Art Unit 3792
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