DETAILED ACTION
Notices to Applicant
This communication is a Non-Final Office Action on the merits. Claims 1-14, 17, and 20-24 as filed 05/04/2026, are currently pending and have been considered below.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/04/2026 has been entered.
Priority
The present application is a continuation of U.S. Patent Application No. 16/742,152, filed 01/14/2020, which claims priority to and the benefit of U.S. Provisional Patent Application No. 62/792,572, filed 01/15/2019.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-14, 17, and 20-24 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1, lines 25-26 recite the limitation “a hardware system,” however, the instant Application Specification is silent as to this element such that the claim fails to comply with the written description requirement. Claims 14 and 20 recite the same “a hardware system” element and are rejected as failing to comply with the written description requirement.
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 1-14, 17, and 20-24 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., an abstract idea) without significantly more.
Claims 1-13 are drawn to a system for determining one or more parameters for a sleep promotion and stress reduction device based on exchanged and real-time health data including a phenotype network, which is within the four statutory categories (i.e. machine).
Independent Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claim 1 recites:
1. A system for determining one or more parameters for a sleep promotion and stress reduction device based on exchanged and real-time health data including a phenotype network comprising: at least one user device and at least one remote server including a processor and a memory in network communication with a health data exchange platform;
wherein the at least one remote server includes a phenotype database, a report database, a recommendation database, and analytics engine, a simulation engine, and a permissions database;
wherein the report database includes health data;
wherein the health data includes historical objective data collected from at least one body sensor and at least one environmental sensor;
wherein the health data further includes real-time biometric data from the at least one body sensor including pulse rate, heart rate, hydration data, sleep stage data, and/or body temperature;
wherein the phenotype network includes a plurality of user nodes, a plurality of phenotype or concept nodes, a plurality of edges connecting the plurality of user nodes and/or the phenotype or concept nodes, and a user attribute inference module;
wherein the user attribute inference module includes an artificial intelligence module operable to identify that an unknown, incomplete, and/or inaccurate user attribute for a particular user is present, determine an inferred user attribute corresponding to the unknown, incomplete, and/or inaccurate user attribute, and determine an inferred user attribute confidence value;
wherein the health data exchange platform automatically generates a phenotype network for the at least one user;
wherein the analytics engine is operable to generate at least one predicted value for a hardware system for stress reduction and/or sleep promotion associated with the at least one user;
wherein the simulation engine is operable to determine at least one optimized value for the hardware system based on the real-time biometric data and data from other users,
wherein the data from other users includes phenotype data, attributes, and/or inferred attributes;
wherein the analytics engine is operable to determine at least one difference between the at least one predicted value of the hardware system and the at least one optimized value for the hardware system for the at least one user;
wherein the simulation engine is operable to determine a change in at least one parameter to provide the at least one optimized value for the hardware system; and
wherein the change in the at least one parameter is transmitted to the hardware system.
The above claim limitations, as drafted, is a machine that, under its broadest reasonable interpretation, covers performance of the limitation in the mind and recites rules or instructions for managing personal behavior or interactions between people for determining one or more parameters for a sleep promotion and stress reduction device but for the recitation of generic computer components. That is, other than reciting the above bolded limitations, nothing in the claim precludes the steps from practically being performed in the mind and/or reciting rules or instructions for managing personal behavior or interactions between people. For example, but for the above bolded language, identifying that an unknown, incomplete, and/or inaccurate user attribute for a particular user is present; determine an inferred user attribute corresponding to the unknown, incomplete, and/or inaccurate user attribute, and determine an inferred user attribute confidence value and generating a phenotype network for the at least one user; generate at least one predicted value for a hardware system for stress reduction and/or sleep promotion associated with the at least one user; determine at least one optimized value for the hardware system based on the real-time biometric data and data from other users; determine at least one difference between the at least one predicted value of the hardware system and the at least one optimized value for the hardware system for the at least one user; and determine a change in at least one parameter to provide the at least one optimized value for the hardware system in the context of this claim encompasses determining one or more parameters for a sleep promotion and stress reduction device. 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. Further, the above limitations fall under the “Certain Methods of Organizing Human Activity.” as rules or instructions for managing personal behavior or interactions between people for determining one or more parameters for a sleep promotion and stress reduction device. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites the above bolded additional elements of using for example “at least one user device and at least one remote server including a processor and a memory in network communication with a health data exchange platform; wherein the at least one remote server includes a phenotype database, a report database, a recommendation database, and analytics engine, a simulation engine, and a permissions database,” “collected from at least one body sensor and at least one environmental sensor;” and “a user attribute interface module,” including “an artificial intelligence module,” to perform the claim limitations. The additional elements in each of these steps are recited at a high-level of generality (i.e., a user device such as computing devices, a remote server as a plurality of distributed servers, a network connection such as cloud-based network via a wireless communion, each database housing an operating system, memory, and programs, a processor, a user attribute interface module including an artificial intelligence module as software driven modules such as program modules as performed instructions/algorithms as they relate to general purpose computer components and sensors such as temperature, humidity, noise, light, motion, etc. and wearable devices sensors such as heart and respiratory sensors e.g. apple watch, Fitbit, etc. (Application Specification [0064]-[0069], [0080], [0098], [00187], [00188], [00195])). As such, the limitations amount to no more than mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool, or invoking machinery as a tool to perform an abstract idea. See MPEP 2106.05(f)(2). Further, the additional elements of using health data “collected from at least one body sensor and at least one environmental sensor,” and “wherein the change in the at least one parameter is transmitted to the hardware system,” amounts to are mere data gathering and output recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using for example “at least one user device and at least one remote server including a processor and a memory in network communication with a health data exchange platform; wherein the at least one remote server includes a phenotype database, a report database, a recommendation database, and a permissions database,” “collected from at least one body sensor and at least one environmental sensor;” and “a user attribute interface module,” including “an artificial intelligence module,” to perform the claim limitations amounts to no more than mere instructions to apply the exception using a generic computer component or machinery used in its normal function (i.e., a user device such as computing devices, a remote server as a plurality of distributed servers, a network connection such as cloud-based network via a wireless communion, each database housing an operating system, memory, and programs, a processor, a user attribute interface module including an artificial intelligence module as software driven modules such as program modules as performed instructions/algorithms as they relate to general purpose computer components and sensors such as temperature, humidity, noise, light, motion, etc. and wearable devices sensors such as heart and respiratory sensors e.g. apple watch, Fitbit, etc. (Application Specification [0064]-[0069], [0080], [0098], [00187], [00188], [00195])). Mere instructions to apply an exception using a generic computer component or machinery in its normal function cannot provide an inventive concept. See MPEP 2106.05(f)(2). Further, the additional elements of health data collected from at least one body sensor and at least one environmental sensor and wherein the change in the at least one parameter is transmitted to the hardware system amounts to are mere data gathering and output receiving or transmitting data over a network and are well-understood, routine, conventional activity. See MPEP 2106.05(d), subsection II. The claim is not patent eligible.
Dependent claims 2-13, 21-22, and 24 include limitations of the independent claim and are directed to the same abstract idea as discussed above and incorporated herein. The dependent claims are rejected under 35 U.S.C. § 101 because they are directed to non-statutory subject matter. These additional claims recite what the health data is and how it is analyzed. These information characteristics do not integrate the judicial exception into a practical application, and, when viewed individually or as a whole, they do not add anything substantial beyond the abstract ideas. Claim 2 recites the additional element of “a plurality of distributed servers,” claim 5 recites “a user profile database,” claim 7 recites “a geographic database,” claim 8 recites “a medical community database,” claim 9 recites “a plurality of prediction modules,” claim 11 recites “a candidate connection generator, a conversion predation engine, a value computation engine, an expected value scoring engine,” claim 21 recites the additional element of “a virtual model of the hardware system,” and claim 24 recites the additional element of “the hardware system includes a bedding article with an adjustable temperature control, a mattress with adjustable elevation, a thermostat to adjust a room temperature, a lighting system, a fan, a sound generator, and/or a scent generator,” however, each of these limitations are recited at a high level of generality such that they amount to using generic computer components as a tool to perform the abstract idea. See Application Specification [0093], [0096], [0098] [00187], [00188], [00195]; MPEP 2106.05(f)(2). Furthermore, the combination of elements does not indicate a significant improvement to the functioning of a computer or any other technology. Therefore the dependent claims are rejected under 35 U.S.C. § 101.
Claims 14-19 are drawn to a system for determining one or more parameters for a sleep promotion and stress reduction device based on exchanged and real-time health data including a phenotype network, which is within the four statutory categories (i.e. machine).
Independent Claim 14 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claim 14 recites:
14. A system for determining one or more parameters for a sleep promotion and stress reduction device based on exchanged and real-time health data including a phenotype network comprising: at least one user device and at least one remote server including a processor and a memory in network communication with a health data exchange platform;
wherein the at least one remote server includes a phenotype database, a report database, a recommendation database, a simulation engine, and a permissions database;
wherein the report database includes health data;
wherein the health data includes historical objective data collected from at least one body sensor and at least one environmental sensor;
wherein the health data further includes real-time biometric data from the at least one body sensor including pulse rate, heart rate, hydration data, sleep stage data, and/or body temperature;
wherein the at least one user device is operable to authorize sharing of selected health data with a third-party device via a graphical user interface (GUI), thereby creating selected permissible data;
wherein the health data exchange platform is operable to exchange the selected permissible data with the third-party device;
wherein the phenotype network includes a plurality of user nodes, a plurality of phenotype or concept nodes, a plurality of edges connecting the plurality of user nodes and/or the phenotype or concept nodes, and a user attribute inference module;
wherein the user attribute inference module includes an artificial intelligence module operable to identify that an unknown, incomplete, and/or inaccurate user attribute for a particular user is present, determine an inferred user attribute corresponding to the unknown, incomplete, and/or inaccurate user attribute, and determine an inferred user attribute confidence value;
wherein the phenotype network is operable to automatically suggest a connection with another user, at least one phenotype, at least one medical entity, and/or at least one health status;
wherein the health data exchange platform automatically generates a phenotype network for the at least one user;
wherein the simulation engine is operable to determine at least one optimized value for a hardware system associated with the at least one user based on the real-time biometric data and data from other users, wherein data from other users includes phenotype data, attributes, and/or inferred attributes;
wherein the simulation engine is operable to determine a change in at least one parameter to provide the at least one optimized value for the hardware system; and
wherein the change in the at least one parameter is transmitted to the hardware system.
The above claim limitations, as drafted, is a machine that, under its broadest reasonable interpretation, covers performance of the limitation in the mind and recites rules or instructions for managing personal behavior or interactions between people for determining one or more parameters for a sleep promotion and stress reduction device but for the recitation of generic computer components. That is, other than reciting the above bolded limitations, nothing in the claim precludes the steps from practically being performed in the mind and/or reciting rules or instructions for managing personal behavior or interactions between people. For example, but for the above bolded language, identify that an unknown, incomplete, and/or inaccurate user attribute for a particular user is present, determine an inferred user attribute corresponding to the unknown, incomplete, and/or inaccurate user attribute, and determine an inferred user attribute confidence value; wherein the phenotype network is operable to automatically suggest a connection with another user, at least one phenotype, at least one medical entity, and/or at least one health status; automatically generates a phenotype network for the at least one user; determine at least one optimized value for a hardware system associated with the at least one user based on the real-time biometric data and data from other users, wherein data from other users includes phenotype data, attributes, and/or inferred attributes; determine a change in at least one parameter to provide the at least one optimized value for the hardware system in the context of this claim encompasses determining one or more parameters for a sleep promotion and stress reduction device. 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. Further, the above limitations fall under the “Certain Methods of Organizing Human Activity.” as rules or instructions for managing personal behavior or interactions between people for determining one or more parameters for a sleep promotion and stress reduction device. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites the above bolded additional elements of using for example “at least one user device and at least one remote server including a processor and a memory in network communication with a health data exchange platform; wherein the at least one remote server includes a phenotype database, a report database, a recommendation database, a simulation engine, and a permissions database,” “collected from at least one body sensor and at least one environmental sensor;” “a third-party device via a graphical user interface (GUI), and “a user attribute interface module,” including “an artificial intelligence module,” to perform the claim limitations. The additional elements in each of these steps are recited at a high-level of generality (i.e., a user device/third party such as computing devices, a remote server as a plurality of distributed servers, a network connection such as cloud-based network via a wireless communion, a graphical user interface for accessing data, each database housing an operating system, memory, and programs, a processor, a user attribute interface module including an artificial intelligence module as software driven modules such as program modules as performed instructions/algorithms as they relate to general purpose computer components and sensors such as temperature, humidity, noise, light, motion, etc. and wearable devices sensors such as heart and respiratory sensors e.g. apple watch, Fitbit, etc. (Application Specification [0064]-[0069], [0080], [0098], [00184] [00187], [00188], [00195])). As such, the limitations amount to no more than mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool or invoking machinery as a tool to perform an abstract idea. See MPEP 2106.05(f)(2). Further, the additional elements of using health data “collected from at least one body sensor and at least one environmental sensor,” and “wherein the change in the at least one parameter is transmitted to the hardware system,” amounts to are mere data gathering and output recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using for example “at least one user device and at least one remote server including a processor and a memory in network communication with a health data exchange platform; wherein the at least one remote server includes a phenotype database, a report database, a recommendation database, a simulation engine, and a permissions database,” “collected from at least one body sensor and at least one environmental sensor;” “a third-party device via a graphical user interface (GUI), and “a user attribute interface module,” including “an artificial intelligence module,” to perform the claim limitations amounts to no more than mere instructions to apply the exception using a generic computer component or machinery used in its normal function (i.e., a user device/third party such as computing devices, a remote server as a plurality of distributed servers, a network connection such as cloud-based network via a wireless communion, a graphical user interface for accessing data, each database housing an operating system, memory, and programs, a processor, a user attribute interface module including an artificial intelligence module as software driven modules such as program modules as performed instructions/algorithms as they relate to general purpose computer components and sensors such as temperature, humidity, noise, light, motion, etc. and wearable devices sensors such as heart and respiratory sensors e.g. apple watch, Fitbit, etc. (Application Specification [0064]-[0069], [0080], [0098], [00184] [00187], [00188], [00195])). Mere instructions to apply an exception using a generic computer component or machinery used in its normal function cannot provide an inventive concept. See MPEP 2106.05(f)(2). Further, the additional elements of health data collected from at least one body sensor and at least one environmental sensor and wherein the change in the at least one parameter is transmitted to the hardware system amounts to are mere data gathering and output receiving or transmitting data over a network and are well-understood, routine, conventional activity. See MPEP 2106.05(d), subsection II. The claim is not patent eligible.
Dependent claim 17 include limitations of the independent claim and are directed to the same abstract idea as discussed above and incorporated herein. The dependent claims are rejected under 35 U.S.C. § 101 because they are directed to non-statutory subject matter. These additional claims recite what the health data is and how it is analyzed. These information characteristics do not integrate the judicial exception into a practical application, and, when viewed individually or as a whole, they do not add anything substantial beyond the abstract ideas. Furthermore, the combination of elements does not indicate a significant improvement to the functioning of a computer or any other technology. Therefore the dependent claims are rejected under 35 U.S.C. § 101.
Claim 20 are drawn to a system for determining one or more parameters for a sleep promotion and stress reduction device based on exchanged and real-time health data including a phenotype network, which is within the four statutory categories (i.e. machine).
Independent Claim 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claim 20 recites:
20. A system for determining one or more parameters for a sleep promotion and stress reduction device based on exchanged and real-time health data including a phenotype network comprising: at least one user device and at least one remote server including a processor and a memory in network communication with a health data exchange platform;
wherein the at least one remote server includes a phenotype database, a report database, a recommendation database, and a permissions database;
wherein the report database includes health data;
wherein the health data includes historical objective data collected from at least one body sensor and at least one environmental sensor;
wherein the health data further includes real-time biometric data from the at least one body sensor including pulse rate, heart rate, hydration data, sleep stage data, and/or body temperature;
wherein the at least one user device is operable to authorize sharing of selected health data with a third-party device via a graphical user interface (GUI), thereby creating selected permissible data;
wherein the health data exchange platform is operable to exchange the selected permissible data with the third-party device;
wherein the health data exchange platform is operable to process a micropayment between the at least one user device and the third-party device;
wherein the phenotype network includes a plurality of user nodes, a plurality of phenotype or concept nodes, a plurality of edges connecting the plurality of user nodes and/or the phenotype or concept nodes, and a user attribute inference module;
wherein the health data exchange platform receives a request from the at least one user device to generate a requested phenotype network based on one or more designated criteria;
wherein the health data exchange platform includes an artificial intelligence module operable to automatically generate the requested phenotype network;
wherein the at least one remote server is operable to determine at least one optimized value for a hardware system associated with the at least one user and a recommendation for the at least one user based on the real-time biometric data and data from other users, wherein data from other users includes phenotype data, attributes, and/or inferred attributes.
The above claim limitations, as drafted, is a machine that, under its broadest reasonable interpretation, covers performance of the limitation in the mind and recites rules or instructions for managing personal behavior or interactions between people for determining one or more parameters for a sleep promotion and stress reduction device but for the recitation of generic computer components. That is, other than reciting the above bolded limitations, nothing in the claim precludes the steps from practically being performed in the mind and/or reciting rules or instructions for managing personal behavior or interactions between people. For example, but for the above bolded language, authorize sharing of selected data thereby making permissible data, exchange the selected permissible data, identifying that an unknown, incomplete, and/or inaccurate user attribute for a particular user is present, determine an inferred user attribute corresponding to the unknown, incomplete, and/or inaccurate user attribute, and determine an inferred user attribute confidence value and generating a phenotype network for the at least one user based on a request with one or more designated criteria, wherein the phenotype network includes a plurality of user nodes, a plurality of phenotype or concept nodes, a plurality of edges connecting the plurality of user nodes and/or the phenotype or concept nodes and determine at least one optimized value for a hardware system associated with the at least one user and a recommendation for the at least one user based on the real-time biometric data and data from other users, wherein data from other users includes phenotype data, attributes, and/or inferred attributes in the context of this claim encompasses determining one or more parameters for a sleep promotion and stress reduction device. 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. Further, the above limitations fall under the “Certain Methods of Organizing Human Activity.” as rules or instructions for managing personal behavior or interactions between people for determining one or more parameters for a sleep promotion and stress reduction device. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites the above bolded additional elements of using for example “at least one user device and at least one remote server including a processor and a memory in network communication with a health data exchange platform; wherein the at least one remote server includes a phenotype database, a report database, a recommendation database, and a permissions database,” “collected from at least one body sensor and at least one environmental sensor;” “a third-party device via a graphical user interface (GUI),” “a user attribute interface module,” and “an artificial intelligence module,” to perform the claim limitations. The additional elements in each of these steps are recited at a high-level of generality (i.e., a user device/third party such as computing devices, a remote server as a plurality of distributed servers, a network connection such as cloud-based network via a wireless communion, a graphical user interface for accessing data, each database housing an operating system, memory, and programs, a processor, a user attribute interface module including an artificial intelligence module as software driven modules such as program modules as performed instructions/algorithms as they relate to general purpose computer components and sensors such as temperature, humidity, noise, light, motion, etc. and wearable devices sensors such as heart and respiratory sensors e.g. apple watch, Fitbit, etc. (Application Specification [0064]-[0069], [0080], [0098], [00184] [00187], [00188], [00195])). As such, the limitations amount to no more than mere instructions to implement an abstract idea on a computer, or merely uses a computer or invoking machinery as a tool to perform an abstract idea. See MPEP 2106.05(f)(2). Further, the additional element of using health data “collected from at least one body sensor and at least one environmental sensor,” amounts to are mere data gathering and output recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using for example “at least one user device and at least one remote server including a processor and a memory in network communication with a health data exchange platform; wherein the at least one remote server includes a phenotype database, a report database, a recommendation database, and a permissions database,” “collected from at least one body sensor and at least one environmental sensor;” “a third-party device via a graphical user interface (GUI),” “a user attribute interface module,” and “an artificial intelligence module,” to perform the claim limitations amounts to no more than mere instructions to apply the exception using a generic computer component or machinery used in its normal function (i.e., a user device such as computing devices, a remote server as a plurality of distributed servers, a network connection such as cloud-based network via a wireless communion, each database housing an operating system, memory, and programs, a processor, a user attribute interface module including an artificial intelligence module as software driven modules such as program modules as performed instructions/algorithms as they relate to general purpose computer components and sensors such as temperature, humidity, noise, light, motion, etc. and wearable devices sensors such as heart and respiratory sensors e.g. apple watch, Fitbit, etc. (Application Specification [0064]-[0069], [0080], [0098], [00187], [00188], [00195])). Mere instructions to apply an exception using a generic computer component or machinery used in its normal function cannot provide an inventive concept. See MPEP 2106.05(f)(2). Further, the additional element of health data collected from at least one body sensor and at least one environmental sensor amounts to are mere data gathering and output receiving or transmitting data over a network and are well-understood, routine, conventional activity. See MPEP 2106.05(d), subsection II. The claim is not patent eligible.
Dependent claim 23 include limitations of the independent claim and are directed to the same abstract idea as discussed above and incorporated herein. The dependent claims are rejected under 35 U.S.C. § 101 because they are directed to non-statutory subject matter. These additional claims recite what the health data is and how it is analyzed. These information characteristics do not integrate the judicial exception into a practical application, and, when viewed individually or as a whole, they do not add anything substantial beyond the abstract ideas. Claim 23 recites the additional element of “wherein the change in the at least one parameter is transmitted to the hardware system,” amounts to are mere data gathering and output recited at a high level of generality, and thus are insignificant extra-solution activity and amounts to are mere data gathering and output receiving or transmitting data over a network and are well-understood, routine, conventional activity. See MPEP 2106.05(d), subsection II.; MPEP 2106.05(g). Furthermore, the combination of elements does not indicate a significant improvement to the functioning of a computer or any other technology. Therefore the dependent claims are rejected under 35 U.S.C. § 101.
Examiner Statement - 35 USC § 102/103
The closest prior art of record – U.S. Patent Application Pub. No. 2018/0165588 A1 (hereinafter “Saxena et al.”) in view of U.S. Patent Application Pub. No. 2019/0295703 A1 (hereinafter “Das et al.”), U.S. Patent Application Pub. No. 2019/0209022 A1 (hereinafter “Sobol et al.), U.S. Patent Application Pub. No. 2016/0028552 A1 (hereinafter “Spanos et al.). – does not teach the invention in the particular combination as claimed in the independent claims; therefore, the closest prior art of record does not anticipate or otherwise render the claimed invention obvious. Specifically the disclosure of: “at least one user device and at least one remote server including a processor and a memory in network communication with a health data exchange platform; wherein the at least one remote server includes a phenotype database, a report database, a recommendation database, an analytics engine, a simulation engine, and a permissions database; wherein the report database includes health data; wherein the health data includes historical objective data collected from at least one body sensor and at least one environmental sensor; wherein the health data further includes real-time biometric data from the at least one body sensor including pulse rate, heart rate, hydration data, sleep stage data, and/or body temperature; wherein the phenotype network includes a plurality of user nodes, a plurality of phenotype or concept nodes, a plurality of edges connecting the plurality of user nodes and/or the phenotype or concept nodes, and a user attribute inference module; wherein the user attribute inference module includes an artificial intelligence module operable to identify that an unknown, incomplete, and/or inaccurate user attribute for a particular user is present, determine an inferred user attribute corresponding to the unknown, incomplete, and/or inaccurate user attribute, and determine an inferred user attribute confidence value; wherein the health data exchange platform automatically generates a phenotype network for the at least one user. wherein the analytics engine is operable to generate at least one predicted value for a hardware system for stress reduction and/or sleep promotion associated with the at least one user; wherein the simulation engine is operable to determine at least one optimized value for the hardware system based on the real-time biometric data and data from other users, wherein the data from other users includes phenotype data, attributes, and/or inferred attributes” in the particular ordered combination as claimed in independent claim 1.
Independent claims 14 and 20 recite similar limitations in a similarly particular ordered combination (e.g. “determine an inferred user attribute confidence value; wherein the phenotype network is operable to automatically suggest a connection with another user, at least one phenotype, at least one medical entity, and/or at least one health status; wherein the health data exchange platform automatically generates a phenotype network for the at least one user; wherein the simulation engine is operable to determine at least one optimized value for a hardware system associated with the at least one user based on the real-time biometric data and data from other users, wherein data from other users includes phenotype data, attributes, and/or inferred attributes; wherein the simulation engine is operable to determine a change in at least one parameter to provide the at least one optimized value for the hardware system; and wherein the change in the at least one parameter is transmitted to the hardware system” – as per claim 14; “wherein the health data exchange platform receives a request from the at least one user device to generate a requested phenotype network based on one or more designated criteria; wherein the health data exchange platform includes an artificial intelligence module operable to automatically generate the requested phenotype network; wherein the at least one remote server is operable to determine at least one optimized value for a hardware system associated with the at least one user and a recommendation for the at least one user based on the real-time biometric data and data from other users, wherein data from other users includes phenotype data, attributes, and/or inferred attributes.” – as per claim 20).
Saxena et al., teaches providing cognitive insights comprising receiving data from a plurality of data sources, at least some of the plurality of data sources comprising healthcare related data sources and blockchain data sources (Abstract, [0064]). Saxena et al. does not explicitly teach wherein the simulation engine is operable to determine at least one optimized value for the hardware system based on the real-time biometric data and data from other users, wherein the data from other users includes phenotype data, attributes, and/or inferred attributes. The other closest prior art fails to fill this gap. Accordingly, claims 1-14, 17, and 20-24 as currently drafted, are free of prior art.
Response to Arguments
Applicant's arguments filed 05/04/2026 have been fully considered but they are not persuasive. Applicant’s arguments will be addressed herein below in the order in which they appear in the response filed on 05/04/2026.
In the remarks, Applicant argues in substance that:
Regarding the 101 rejection of claim 1-14, 17, and 20-24, Applicant argues the claims are not directed to an abstract idea, and even if so, recite an improvement to technology and provides an inventive concept amounting to significantly more; and
Regarding the 103 rejection of claims 1-14, 17, and 20-24, Applicant argues the amendments overcome the rejection.
In response to Applicant’s argument that (a) regarding the 101 rejection of claims 1-20, Examiner respectfully disagrees.
First, Applicant argues that the claims are not directed to an abstract idea. See Remarks at pgs. 11-12. Examiner respectfully disagrees and submits that the claim recites limitations directed to the abstract idea (e.g. identifying that an unknown, incomplete, and/or inaccurate user attribute for a particular user is present; determine an inferred user attribute corresponding to the unknown, incomplete, and/or inaccurate user attribute, and determine an inferred user attribute confidence value and generating a phenotype network for the at least one user; generate at least one predicted value for a hardware system for stress reduction and/or sleep promotion associated with the at least one user; determine at least one optimized value for the hardware system based on the real-time biometric data and data from other users; determine at least one difference between the at least one predicted value of the hardware system and the at least one optimized value for the hardware system for the at least one user; and determine a change in at least one parameter to provide the at least one optimized value for the hardware system)). Other limitations, such as the transmitting the change in the at least one parameter, are considered as additional elements under Step 2A, Prong Two and Step 2B. Examiner further notes that the abstract idea of Certain Methods of Organizing Human Activity is also be applied to the instant claims, through the managing personal behavior or interactions between people through following rules or instructions as the generating a network via rules/conditions/permissions for exchanging health data. Accordingly, the claim recites an abstract idea.
Second, Applicant argues under Step 2A, Prong Two that the claim recites an improvement to the functioning of a computer analogous to Example 25. Examiner respectfully disagrees and submits that the claims of Example 25 improve the functioning of the precision rubber molding device by obtaining uniformly accurate cures, which results in substantially reducing the number of defectively cured batches that must be discarded, and also substantially reduces the amount of time in which the presses are closed unnecessarily. This is distinguishable from the instant claims as Example 25 provided a technical improvement to a particular hardware system for precision rubber molding device, whereas the instant claims are directed to an alleged improvement to the abstract idea itself – stress reduction and sleep promotion. See Remarks at pgs 13-15.
Example 47 and CardioNet LLC. See Remarks at pgs. 15-18. Examiner respectfully disagrees. Example 47 is rooted in solving the technical problem of proactively preventing network intrusions in real time. The instant claims in view of the present Application Specification do not analogously recite a technical improvement to a technical problem through “specialized hardware and structured databases,” but rather, the databases, sensors, and AI module are recited at a high level of generality such that they amount to merely using generic computer components and machinery using in their normal functions as tools to perform the limitations of the abstract idea. See (Application Specification [0064]-[0069], [0080], [0098], [00187], [00188], [00195])); See also MPEP 2106.05(f)(2). Unlike CardioNet that recites particular beat detectors and an improvement to the technical problem of cardiac monitoring technology, the instant claims invoke the body sensor and environmental sensor at a high level of generality, merely stating that he health data includes data historically collected from at least one body sensor and at least one environmental sensor. Further, the additional element of using the sensors amounts to are mere data gathering and output recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). Accordingly, the claim fails to recite an integration into a practical application under Step 2A, Prong 2.
Applicant argues the sensors of the claims amount to an integration into a practical application. Examiner respectfully disagrees and submits that the sensors of the claim – at least one body sensor and at least one environmental sensor – at a high level of generality. The claim recites generic computer components (e.g. a processor, server, memory, databases, and AI module) and invokes machinery (body sensor and environmental sensor) at a high level used in its normal function to perform the limitations of the abstract idea. See MPEP 2106.05(f)(2). Accordingly, these additional elements, when viewed individually and as a whole, fail to integrate the claim into a practical application.
Lastly, under Step 2B, Applicant argues that the claim recites significantly more than generic computer components to apply the judicial exception. See Remarks at pgs. 20-22. Examiner respectfully disagrees. The claim recites generic computer components (e.g. a processor, server, memory, databases, and AI module) and invokes machinery (body sensor and environmental sensor) at a high level used in its normal function to perform the limitations of the abstract idea. See MPEP 2106.05(f)(2). The additional elements of health data collected from at least one body sensor and at least one environmental sensor and wherein the change in the at least one parameter is transmitted to the hardware system amounts to are mere data gathering and output receiving or transmitting data over a network and are well-understood, routine, conventional activity. See MPEP 2106.05(d), subsection II. Accordingly, the claim fails to recite significantly more under Step 2B.
Examiner respectfully maintains the 101 rejection as applied in the above Office Action.
In response to Applicant’s argument (b) regarding the 103 rejection of claims 1-14, 17, and 20-24, Applicant’s arguments have been considered and are persuasive. As a result, claims 1-14, 17, and 20-24 are free of prior art as applied in the above Office Action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20220199208 A1 teaches a system and method of managing access of a user’s health information stored over a healthcare network (abstract);
US 20180337769 A1 teaches a digital currency micropayment, thus, may be used, at least in part, to monitor health of any appropriate and/or applicable infrastructure and/or associated system of IoT devices, even if certain audit trail information, such as data values, miner identities, etc. is encrypted (e.g., in a public blockchain, etc.) ([0026]); and
US 20180060496 A1 teaches a distributed ledger, such as a healthcare blockchain, employed to set, host and adjudicate permissions to access HIR (Abstract).
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/A.M.B./Examiner, Art Unit 3682
/FONYA M LONG/Supervisory Patent Examiner, Art Unit 3682
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