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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 1/29/24 has/have been acknowledged and is/are being considered by the Examiner.
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.
Claim(s) 1-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1- Claim 1
Claim 1 and dependent claims 2-12 are drawn to a method and thus meet the requirements for step 1.
Step 2a (prong 1) - Claim 1
Claims 1 recites the step of “extracting one or more features from the aggregated HR response signal to determine the health information related to the cardiovascular system”. Under the broadest reasonable interpretation, this step covers a concept capable of being performed in the human mind, and thus falls within the mental processes grouping of abstract ideas. Other than reciting the method is “computer-implemented” in the preamble, nothing in the claim precludes the step from practically being performed in the mind.
Accordingly, claim 1 recites an abstract idea.
Step 2a (prong 2) – Claim 1
The judicial exception is not integrated into a practical application. Claim 1 recites the additional elements of:
A HR input is insignificant extra-solution activity (i.e., data gathering),
A event selection input is insignificant extra-solution activity (i.e., data gathering),
A processing unit is recited at a high level of generality (i.e., generic devices; performing generic computer functions, using computer elements as tools), and
An output is recited at a high level of generality (i.e., as generic devices, a “computer-implemented” method, performing generic computer functions like sending, receiving, and visually displaying data) is insignificant extra-solution activity (i.e., data output).
These steps do not integrate the abstract idea into a practical application because they are insignificant extra solution activity.
Step 2b- Claim 1
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 the integration of the abstract idea into a practical application, providing a (output) is recited at a high level of generality (i.e., as generic devices, a “computer-implemented” method, performing generic computer functions like sending, receiving, and visually displaying data). Further, a HR input and an event selection input is considered data gathering.
The additional elements that were considered insignificant extra solution activity have been re-analyzed and do not amount to anything more than what is well-understood, routine and conventional when considered individually and in combination with evidence provided. Specifically:
A HR input configured to obtain a time-dependent heart rate is well understood, routine, and conventional (i.e., receiving data MPEP 2106.05(d)(II)).
An event selection input configured to obtain an event selection signal to detect a movement event is well understood, routine, and conventional (i.e., receiving data MPEP 2106.05(d)(II)).
Detecting movement events, extracting time segments, combining time segments and extracting features is well-understood routine and conventional (i.e., gathering data/statistics MPEP 2106.05(d)(II)).
A processing unit is considered to use the computer elements as tools, MPEP 2106.05(d)(II).
An output is considered to be well-understood, routine, and conventional (i.e., presenting data MPEP 2106.05(d)(II)).
Claim 1 is thus consider to be directed to an abstract idea without significantly more.
Claims 2-12 depend from claim 1. The type of data analyzed as stated in claim 2-12 is considered extra solution activity. The processing unit as stated in claims 2-12 are stated at a high level of generality in applicant’s specification (“a generic processor”) and are merely used as a tool to carry out the data gathering and statistics. Thus, the dependent claim do not change the overall analysis that claims 2-12 are also directed to an abstract idea.
Claim 13
Independent claim 13 contains limitations similar to claim 1 and is similarly rejected as patent ineligible subject matter based on the same reasoning as above.
Claims 14-15
Independent claim 14 contains limitations similar to claim 1 and is similarly rejected as patent ineligible subject matter based on the same reasonings as above.
Dependent claim 15 is directed to a system containing limitations similar to that for claim 1 and further includes a computer. Analyzing the computer of claim 15 under step 2a, prong 1, the computer is recited at a high level of generality and merely use the computer elements (the processor and memory) as a tool. When analyzed under step 2a, prong 2, the computer performs generic computer functions like storing and processing data. Further, when the analysis is extended to step 2b, the computer is considered to use the computer elements as tools, MPEP 2106.05(d)(II). Thus, claim 15 is also considered to be patent ineligible subject matter.
Claim Objections
Claim 15 is objected to because of the following informalities: Claim 15 is not a complete sentence and fails to end with a period(.). Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4, 6, 9 and 11-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pande et al. (U.S. Pub. 2017/0164847 hereinafter “Pande”).
Regarding claims 1 and 14, Pande discloses a device and method for determining health information related to the cardiovascular system of a subject (e.g. 308), the device comprising: a HR input (e.g. PPG) configured to obtain a time-dependent heart rate, HR, related signal representing or allowing to derive the subject's heart rate over time (e.g. 600); an event selection input (e.g. ACC) configured to obtain an event selection signal allowing to detect a movement event of the subject (e.g. 602); a processing unit (e.g. MCC) configured to determine the health information related to the cardiovascular system of a subject from the obtained HR related signal and the obtained event selection signal (e.g. 604, 606); and an output (e.g. HR Tracker) configured to output the determined health information (e.g. 610), wherein the processing unit (e.g. MCC) is configured to; detect movement events of the subject based on the event selection signal (e.g. ¶17), extract time segments of the HR related signal, wherein each time segment covers a different period including a respective movement event of the detected movement events (e.g. ¶17), combine the extracted time segments to compute an aggregated HR response signal (e.g. ¶17), and extract one or more features from the aggregated HR response signal to determine the health information related to the cardiovascular system of the subject (e.g. ¶65).
Regarding claim 2, Pande further discloses wherein the processing unit is configured to align the extracted time segments before combining based on the event selection signal or an obtained alignment signal that indicates time information of a movement event within the respective time segment (e.g. see Figs. 1-2).
Regarding claim 3, Pande further discloses wherein the processing unit is configured to detect a movement event by detecting a movement of the subject that affects the subject's HR, in particular a recurring movement of the subject, such as a change of posture of the subject or a turning movement of the subject (e.g. ¶41).
Regarding claim 4, Pande further discloses wherein the processing unit is configured to detect a movement event by detecting one or more movement features of movement of the subject, said movement features including movement intensity above an intensity threshold, movement pattern, movement speed, movement direction, and movement distance (e.g. ¶41).
Regarding claim 6, Pande further discloses wherein the processing unit is configured to extract a time segment of the HR related signal by determining the characteristic point in time, at which a particular characteristic of a detected event appears, and to select the time segment around said characteristic point in time to span a first time period before said characteristic point in time and a second time period after said characteristic point in time (e.g. ¶24).
Regarding claim 9, Pande further discloses wherein the processing unit is configured to determine the health information related to the cardiovascular system of the subject by use of a predetermined function, in particular a linear or non-linear approximation applying one or more predetermined scalar parameters (e.g. ¶¶20-21).
Regarding claim 11, Pande further discloses wherein the HR related signal is one of a contact or remote photoplethysmography, PPG, signal, a HR signal, an ECG signal, a ballistocardiogram, a tonometric signal, or a holographic laser Doppler imaging signal, (e.g. 304) and/or wherein the event selection signal is one of a movement signal indicating movement of the subject's body, an accelerometer signal, a muscle activity signal, a brain activity signal, a pressure sensor signal, a weight sensor signal, a CAN bus signal of a vehicle, and a camera signal (e.g. ACC).
Regarding claim 12, Pande further discloses wherein the processing unit is configured to combine the extracted time segments by i) first converting the extracted time segments to a signal representing frequency over time and then aggregating these signals into an aggregated HR response signal (e.g. 608).
Regarding claim 13, Pande discloses a system for determining health information related to the cardiovascular system of a subject, the system comprising: a HR sensor (e.g. PPG) configured to sense a time-dependent heart rate, HR, related signal representing or allowing to derive the subject's heart rate over time; a selection signal sensor (e.g. ACC) configured to sense an event selection signal allowing to detect a movement event of the subject; a device as claimed in any one of the preceding claims for determining the health information related to the cardiovascular system of a subject from the sensed HR related signal and the sensed event selection signal (e.g. 606); and an output interface configured to issue the determined health information (e.g. 610).
Regarding claim 15, Pande discloses a computer program comprising program code means for causing a computer to carry out the steps of the method as claimed in claim 14 when said computer program is carried out on the computer (e.g. MCU; ¶45).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 5, 7-8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pande as applied to claims 1-4, 6, 9 and 11-15 above, and further in view of Persen et al. (U.S. Pub. 2018/0290147 hereinafter “Persen”).
Regarding claims 5 and 7, Pande discloses the claimed invention except for the system removing the motion artifacts from the data. However, Persen teaches that it is known to remove and disregard the motion artifacts as set forth in Paragraph 56 to provide a signal that utilizes the data before and after the artifacts and disregards the artifact data to provide for an improved and more accurate signal. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system as taught by Pande, with the removal of motion artifacts as taught by Persen, since such a modification would provide the predictable results of providing a signal that utilizes the data before and after the artifacts and disregards the artifact data to provide for an improved and more accurate signa.
Regarding claim 8, Pande discloses the claimed invention except for the system of detecting the Heart rate and beats. However, Persen teaches that it is known to use the maximum gradient of the aggregated signal as set forth in Paragraph 53 to provide the locations where gradient is at a maximum which corresponds to individual beats. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system as taught by Pande, with the known analysis of PPG signals as taught by Persen, since such a modification would provide the predictable results of providing the locations where gradient is at a maximum which corresponds to individual beats.
Regarding claim 10, Pande discloses the claimed invention except for the system determining the scalar parameters from one or more relationships between age of the subject and the respective one or more features from the aggregated HR response signal. However, Persen teaches that it is known to use age as set forth in Paragraph 73 to provide scalar parameters in a mathematical model corresponding to the user and other data including age, so that the user's current stress level can be determined based on a comparison of the user's current heart rate, HRV, PRV, and/or respiration rate to the mathematical model. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system as taught by Pande, with the known analysis of age as taught by Persen, since such a modification would provide the predictable results of providing scalar parameters in a mathematical model corresponding to the user and other data including age, so that the user's current stress level can be determined based on a comparison of the user's current heart rate, HRV, PRV, and/or respiration rate to the mathematical mode.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REX R HOLMES whose telephone number is (571)272-8827. The examiner can normally be reached Monday-Thursday 7:00AM-5:30PM.
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/REX R HOLMES/Primary Examiner, Art Unit 3796