Prosecution Insights
Last updated: April 19, 2026
Application No. 18/377,697

SYSTEM AND METHOD FOR CONTACTLESS NON-INTRUSIVE MONITORING OF PHYSIOLOGICAL CONDITIONS THROUGH ACOUSTIC SIGNALS

Non-Final OA §112
Filed
Oct 06, 2023
Examiner
CERIONI, DANIEL LEE
Art Unit
3791
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Turtle Shell Technologies Private Limited
OA Round
1 (Non-Final)
65%
Grant Probability
Moderate
1-2
OA Rounds
3y 9m
To Grant
93%
With Interview

Examiner Intelligence

Grants 65% of resolved cases
65%
Career Allow Rate
485 granted / 749 resolved
-5.2% vs TC avg
Strong +29% interview lift
Without
With
+28.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
81 currently pending
Career history
830
Total Applications
across all art units

Statute-Specific Performance

§101
9.3%
-30.7% vs TC avg
§103
40.4%
+0.4% vs TC avg
§102
17.5%
-22.5% vs TC avg
§112
30.5%
-9.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 749 resolved cases

Office Action

§112
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. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. Election/Restrictions Applicant’s election without traverse of Invention I, drawn to a system for non-intrusive monitoring of physiological conditions through created acoustic signals of claims 1-14 in the reply filed on 3/10/26 is acknowledged. Claim(s) 15-20 is/are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/10/26. Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i). Claim Objections Claim 8 is objected to because of the following informalities: “ a capturing module (302) select ” (line 3) appears that it should be “ a capturing module configured to select .” Appropriate correction is required. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “ at least one sensor device configured to capture one or more analog micro-vibrations from at least one user and convert the micro-vibrations into at least one digital data signal ,” in claim 1, which corresponds to “ piezoelectric sensors ” or “ vibroacoustic sensors ” (see para [073] of Applicant’s specification as originally filed); “ at least one data capturing device configured to receive and process the at least one digital data signal from the at least one sensor device ,” in claim 1, which corresponds to “ a data capturing engine,” “a processing unit,” and “a memory unit” (see para [083] of Applicant’s specification as originally filed), however, the “data capturing engine” also invokes 35 U.S.C. 112(f) and corresponds to “ a data acquisition unit,” “ a conditioning unit, ” and “ a transmission unit ” (see para [087] of Applicant’s specification as originally filed), however, the “data acquisition unit” also invokes 35 U.S.C. 112(f) and has no corresponding structure, the “ conditioning unit ” also invokes 35 U.S.C. 112(f) and has no corresponding structure, and the ” transmission unit ” also invokes 35 U.S.C. 112(f) and has no corresponding structure; “ an acoustic engine configured to convert the at least one processed digital data signal from the at least one data capturing device into one or more frequency-based physiological acoustic signals ,” in claim 1, which corresponds to an “extraction unit,” “amplification unit,” and “conversion unit” (see Fig. 3 of Applicant’s specification as originally filed), however the “extraction unit” also invokes 35 U.S.C. 112(f) and corresponds to a “capturing module,” “classification module,” “cleaning module,” and “isolation module” (see Fig. 3 of Applicant’s specification as originally filed), which all have no corresponding structure, the “amplification unit” also invokes 35 U.S.C. 112(f) and corresponds to a “frequency determination module,” “frequency amplification module,” and “differential processing module” (see Fig. 3 of Applicant’s specification as originally filed), which all have no corresponding structure, and the “conversion unit” also invokes 35 U.S.C. 112(f) and corresponds to a “format determination module,” and “format conversion module” (see Fig. 3 of Applicant’s specification as originally filed), which all have no corresponding structure . Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. 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. Claim (s) 1-14 is/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. For claim 1, the claim language “ at least one data capturing device configured to receive and process the at least one digital data signal from the at least one sensor device ” 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, at the time the application was filed, had possession of the claimed invention. Specifically, this claim language invokes 35 U.S.C. 112(f). The corresponding structure includes “ a data capturing engine ,” which also invokes 35 U.S.C. 112(f). The corresponding structure for this term is “ a data acquisition unit,” “ a conditioning unit, ” and “ a transmission unit ,” which also invokes 35 U.S.C. 112(f). However, the corresponding structure could not be found. As a result, there is a lack of evidence that Applicant had possession of the claimed since a n applicant shows that the inventor was in possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention. Lockwood v. Amer. Airlines, Inc., 107 F.3d 1565, 1572, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997). Possession may be shown in a variety of ways including description of an actual reduction to practice, or by showing that the invention was “ready for patenting” such as by the disclosure of drawings or structural chemical formulas that show that the invention was complete, or by describing distinguishing identifying characteristics sufficient to show that the inventor was in possession of the claimed invention. See, e.g., Pfaff v. Wells Elecs., Inc., 525 U.S. 55, 68, 119 S.Ct. 304, 312, 48 USPQ2d 1641, 1647 (1998); Eli Lilly, 119 F.3d at 1568, 43 USPQ2d at 1406; Amgen, Inc. v. Chugai Pharm., 927 F.2d 1200, 1206, 18 USPQ2d 1016, 1021 (Fed. Cir. 1991) . However, those evidentiary bars are not met with the current written description. The examiner respectfully requests Applicant’s assistance in determining where support may be found or have the subject matter deleted from the claim(s). For claim 1, the claim language “ an acoustic engine configured to convert the at least one processed digital data signal from the at least one data capturing device into one or more frequency-based physiological acoustic signals ” 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, at the time the application was filed, had possession of the claimed invention. Specifically, this claim language invokes 35 U.S.C. 112(f). The corresponding structure includes “extraction unit,” “amplification unit,” and “conversion unit,” which all also invoke 35 U.S.C. 112(f). The correspond structures for these terms includes a “capturing module,” “classification module,” “cleaning module,” “isolation module” “frequency determination module,” “frequency amplification module,” “differential processing module,” “format determination module,” and “format conversion module .” However, the corresponding structure could not be found. As a result, there is a lack of evidence that Applicant had possession of the claimed since a n applicant shows that the inventor was in possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention. Lockwood v. Amer. Airlines, Inc., 107 F.3d 1565, 1572, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997). Possession may be shown in a variety of ways including description of an actual reduction to practice, or by showing that the invention was “ready for patenting” such as by the disclosure of drawings or structural chemical formulas that show that the invention was complete, or by describing distinguishing identifying characteristics sufficient to show that the inventor was in possession of the claimed invention. See, e.g., Pfaff v. Wells Elecs., Inc., 525 U.S. 55, 68, 119 S.Ct. 304, 312, 48 USPQ2d 1641, 1647 (1998); Eli Lilly, 119 F.3d at 1568, 43 USPQ2d at 1406; Amgen, Inc. v. Chugai Pharm., 927 F.2d 1200, 1206, 18 USPQ2d 1016, 1021 (Fed. Cir. 1991) . However, those evidentiary bars are not met with the current written description. The examiner respectfully requests Applicant’s assistance in determining where support may be found or have the subject matter deleted from the claim(s). For claim 5, the claim language “ a data capturing engine configured to receive the at least one digital data signal from the at least one sensor device and process the at least one digital data signal in order to derive amplified data signals ” 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, at the time the application was filed, had possession of the claimed invention. Specifically, this claim language invokes 35 U.S.C. 112(f). The corresponding structure includes “ a data acquisition unit,” “ a conditioning unit, ” and “ a transmission unit ,” which also invokes 35 U.S.C. 112(f). However, the corresponding structure could not be found. As a result, there is a lack of evidence that Applicant had possession of the claimed since a n applicant shows that the inventor was in possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention. Lockwood v. Amer. Airlines, Inc., 107 F.3d 1565, 1572, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997). Possession may be shown in a variety of ways including description of an actual reduction to practice, or by showing that the invention was “ready for patenting” such as by the disclosure of drawings or structural chemical formulas that show that the invention was complete, or by describing distinguishing identifying characteristics sufficient to show that the inventor was in possession of the claimed invention. See, e.g., Pfaff v. Wells Elecs., Inc., 525 U.S. 55, 68, 119 S.Ct. 304, 312, 48 USPQ2d 1641, 1647 (1998); Eli Lilly, 119 F.3d at 1568, 43 USPQ2d at 1406; Amgen, Inc. v. Chugai Pharm., 927 F.2d 1200, 1206, 18 USPQ2d 1016, 1021 (Fed. Cir. 1991) . However, those evidentiary bars are not met with the current written description. The examiner respectfully requests Applicant’s assistance in determining where support may be found or have the subject matter deleted from the claim(s). For claim 6, the claim language “ a data acquisition unit configured to record or store the received micro-voltage digital signal in a predetermined data format, wherein the data acquisition unit that is communicatively coupled to the at least one sensor device is configured to: store the at least one received digital data signals based on at least one of user accounts, database segments for different users, different geographical applications, and different applications of the at least one sensor device; communicate the at least one stored digital data signal to the conditioning unit; and utilize one or more encryption techniques to ensure the communication of secure, encrypted, ordered data to a cloud-based storage or processing system ” 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, at the time the application was filed, had possession of the claimed invention. Specifically, this claim language invokes 35 U.S.C. 112(f). However, the corresponding structure could not be found. As a result, there is a lack of evidence that Applicant had possession of the claimed since a n applicant shows that the inventor was in possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention. Lockwood v. Amer. Airlines, Inc., 107 F.3d 1565, 1572, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997). Possession may be shown in a variety of ways including description of an actual reduction to practice, or by showing that the invention was “ready for patenting” such as by the disclosure of drawings or structural chemical formulas that show that the invention was complete, or by describing distinguishing identifying characteristics sufficient to show that the inventor was in possession of the claimed invention. See, e.g., Pfaff v. Wells Elecs., Inc., 525 U.S. 55, 68, 119 S.Ct. 304, 312, 48 USPQ2d 1641, 1647 (1998); Eli Lilly, 119 F.3d at 1568, 43 USPQ2d at 1406; Amgen, Inc. v. Chugai Pharm., 927 F.2d 1200, 1206, 18 USPQ2d 1016, 1021 (Fed. Cir. 1991) . However, those evidentiary bars are not met with the current written description. The examiner respectfully requests Applicant’s assistance in determining where support may be found or have the subject matter deleted from the claim(s). For claim 6, the claim language “ a conditioning unit configured to amplify the received micro-voltage digital signals in order to maximize resolution of the digital signals to obtain a desired amplified signal, wherein the conditioning unit is configured to: determine the amplified signal for efficient detection of the user's physiological parameters; maximize the resolution of the digital signals by ensuring prevention of any data loss which occur due to loss of the signal; amplify the at least one digital data signal based on strength of the at least one received digital data signal; automatically calibrate and select the amplification option based on a sensed proximity of the at least one sensor device to the user; and communicate the optimized amplified signal to the transmission unit ” 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, at the time the application was filed, had possession of the claimed invention. Specifically, this claim language invokes 35 U.S.C. 112(f). However, the corresponding structure could not be found. As a result, there is a lack of evidence that Applicant had possession of the claimed since a n applicant shows that the inventor was in possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention. Lockwood v. Amer. Airlines, Inc., 107 F.3d 1565, 1572, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997). Possession may be shown in a variety of ways including description of an actual reduction to practice, or by showing that the invention was “ready for patenting” such as by the disclosure of drawings or structural chemical formulas that show that the invention was complete, or by describing distinguishing identifying characteristics sufficient to show that the inventor was in possession of the claimed invention. See, e.g., Pfaff v. Wells Elecs., Inc., 525 U.S. 55, 68, 119 S.Ct. 304, 312, 48 USPQ2d 1641, 1647 (1998); Eli Lilly, 119 F.3d at 1568, 43 USPQ2d at 1406; Amgen, Inc. v. Chugai Pharm., 927 F.2d 1200, 1206, 18 USPQ2d 1016, 1021 (Fed. Cir. 1991) . However, those evidentiary bars are not met with the current written description. The examiner respectfully requests Applicant’s assistance in determining where support may be found or have the subject matter deleted from the claim(s). For claim 6, the claim language “ a transmission unit configured to transmit the amplified digital data signal to one or more of the acoustic engines, a database, and a data receiver module ” 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, at the time the application was filed, had possession of the claimed invention. Specifically, this claim language invokes 35 U.S.C. 112(f). However, the corresponding structure could not be found. As a result, there is a lack of evidence that Applicant had possession of the claimed since a n applicant shows that the inventor was in possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention. Lockwood v. Amer. Airlines, Inc., 107 F.3d 1565, 1572, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997). Possession may be shown in a variety of ways including description of an actual reduction to practice, or by showing that the invention was “ready for patenting” such as by the disclosure of drawings or structural chemical formulas that show that the invention was complete, or by describing distinguishing identifying characteristics sufficient to show that the inventor was in possession of the claimed invention. See, e.g., Pfaff v. Wells Elecs., Inc., 525 U.S. 55, 68, 119 S.Ct. 304, 312, 48 USPQ2d 1641, 1647 (1998); Eli Lilly, 119 F.3d at 1568, 43 USPQ2d at 1406; Amgen, Inc. v. Chugai Pharm., 927 F.2d 1200, 1206, 18 USPQ2d 1016, 1021 (Fed. Cir. 1991) . However, those evidentiary bars are not met with the current written description. The examiner respectfully requests Applicant’s assistance in determining where support may be found or have the subject matter deleted from the claim(s). For claim 7, the claim language “ an extraction unit, configured to extract or derive physiological condition signals from the one or more analog micro-vibrations; an amplification unit configured to amplify the derived physiological condition signals to a desired frequency by using a dynamic gain management module ” 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, at the time the application was filed, had possession of the claimed invention. Specifically, this claim language invokes 35 U.S.C. 112(f). The corresponding structure includes “ capturing module,” “classification module,” “cleaning module,” and “isolation module” ,” which also all invoke 35 U.S.C. 112(f). However, corresponding structure for these terms could not be found. As a result, there is a lack of evidence that Applicant had possession of the claimed since a n applicant shows that the inventor was in possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention. Lockwood v. Amer. Airlines, Inc., 107 F.3d 1565, 1572, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997). Possession may be shown in a variety of ways including description of an actual reduction to practice, or by showing that the invention was “ready for patenting” such as by the disclosure of drawings or structural chemical formulas that show that the invention was complete, or by describing distinguishing identifying characteristics sufficient to show that the inventor was in possession of the claimed invention. See, e.g., Pfaff v. Wells Elecs., Inc., 525 U.S. 55, 68, 119 S.Ct. 304, 312, 48 USPQ2d 1641, 1647 (1998); Eli Lilly, 119 F.3d at 1568, 43 USPQ2d at 1406; Amgen, Inc. v. Chugai Pharm., 927 F.2d 1200, 1206, 18 USPQ2d 1016, 1021 (Fed. Cir. 1991) . However, those evidentiary bars are not met with the current written description. The examiner respectfully requests Applicant’s assistance in determining where support may be found or have the subject matter deleted from the claim(s). For claim 7, the claim language “ an amplification unit configured to amplify the derived physiological condition signals to a desired frequency by using a dynamic gain management module ” 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, at the time the application was filed, had possession of the claimed invention. Specifically, this claim language invokes 35 U.S.C. 112(f). The corresponding structure includes a “frequency determination module,” “frequency amplification module,” and “differential processing module” which also all invoke 35 U.S.C. 112(f). However, corresponding structure for these terms could not be found. As a result, there is a lack of evidence that Applicant had possession of the claimed since a n applicant shows that the inventor was in possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention. Lockwood v. Amer. Airlines, Inc., 107 F.3d 1565, 1572, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997). Possession may be shown in a variety of ways including description of an actual reduction to practice, or by showing that the invention was “ready for patenting” such as by the disclosure of drawings or structural chemical formulas that show that the invention was complete, or by describing distinguishing identifying characteristics sufficient to show that the inventor was in possession of the claimed invention. See, e.g., Pfaff v. Wells Elecs., Inc., 525 U.S. 55, 68, 119 S.Ct. 304, 312, 48 USPQ2d 1641, 1647 (1998); Eli Lilly, 119 F.3d at 1568, 43 USPQ2d at 1406; Amgen, Inc. v. Chugai Pharm., 927 F.2d 1200, 1206, 18 USPQ2d 1016, 1021 (Fed. Cir. 1991) . However, those evidentiary bars are not met with the current written description. The examiner respectfully requests Applicant’s assistance in determining where support may be found or have the subject matter deleted from the claim(s). For claim 7, the claim language “ amplify the derived physiological condition signals to a desired frequency by using a dynamic gain management module ” does not appear to be 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 pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. A claim may lack written description when the specification does not disclose the computer and the algorithm (i.e., the necessary steps and/or flowcharts) that perform the claimed function in sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor invented the claimed subject matter. See MPEP 2161.01(I). Here, the claim recites the function of amplify the derived physiological condition signals to a desired frequency by using a dynamic gain management module , but the specification never discloses the necessary steps and/or flowcharts of how to use the dynamic gain module to arrive at the desired frequency of the derived physiological condition signal . It is not enough that a skilled artisan could devise a way to accomplish the function because this is not relevant to the issue of whether the inventor has shown possession of the claimed invention. See MPEP 2161.01(I). Therefore, adequate disclosure is needed. For claim 7, the claim language “ a conversion unit configured to determine desired audio file formats and convert the amplified physiological condition signals into audio files ” 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, at the time the application was filed, had possession of the claimed invention. Specifically, this claim language invokes 35 U.S.C. 112(f). The corresponding structure includes a “format determination module,” and “format conversion module” which also all invoke 35 U.S.C. 112(f). However, corresponding structure for these terms could not be found. As a result, there is a lack of evidence that Applicant had possession of the claimed since a n applicant shows that the inventor was in possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention. Lockwood v. Amer. Airlines, Inc., 107 F.3d 1565, 1572, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997). Possession may be shown in a variety of ways including description of an actual reduction to practice, or by showing that the invention was “ready for patenting” such as by the disclosure of drawings or structural chemical formulas that show that the invention was complete, or by describing distinguishing identifying characteristics sufficient to show that the inventor was in possession of the claimed invention. See, e.g., Pfaff v. Wells Elecs., Inc., 525 U.S. 55, 68, 119 S.Ct. 304, 312, 48 USPQ2d 1641, 1647 (1998); Eli Lilly, 119 F.3d at 1568, 43 USPQ2d at 1406; Amgen, Inc. v. Chugai Pharm., 927 F.2d 1200, 1206, 18 USPQ2d 1016, 1021 (Fed. Cir. 1991) . However, those evidentiary bars are not met with the current written description. The examiner respectfully requests Applicant’s assistance in determining where support may be found or have the subject matter deleted from the claim(s). For claim 7, the claim language “ determine desired audio file formats ” does not appear to be 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 pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. A claim may lack written description when the specification does not disclose the computer and the algorithm (i.e., the necessary steps and/or flowcharts) that perform the claimed function in sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor invented the claimed subject matter. See MPEP 2161.01(I). Here, the claim recites the function of determin ing desired audio file formats , but the specification never discloses the necessary steps and/or flowcharts of how this occurs. It is not enough that a skilled artisan could devise a way to accomplish the function because this is not relevant to the issue of whether the inventor has shown possession of the claimed invention. See MPEP 2161.01(I). Therefore, adequate disclosure is needed. For claim 8, the claim language “ a capturing module configured to select one or more data windows from a vibration signal to extract data clusters which are representations of specific physiological conditions, wherein the capturing module is configured to: utilize a moving data window to capture characteristics of individual specific physiological conditions; extract data windows and reject any data windows which contain disturbances such as body motions of the user; and generate templates and group the templates into clusters to recognize clusters comprising the specific physiological condition, such as heartbeats ” 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, at the time the application was filed, had possession of the claimed invention. Specifically, this claim language invokes 35 U.S.C. 112(f). However, the corresponding structure could not be found. As a result, there is a lack of evidence that Applicant had possession of the claimed since a n applicant shows that the inventor was in possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention. Lockwood v. Amer. Airlines, Inc., 107 F.3d 1565, 1572, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997). Possession may be shown in a variety of ways including description of an actual reduction to practice, or by showing that the invention was “ready for patenting” such as by the disclosure of drawings or structural chemical formulas that show that the invention was complete, or by describing distinguishing identifying characteristics sufficient to show that the inventor was in possession of the claimed invention. See, e.g., Pfaff v. Wells Elecs., Inc., 525 U.S. 55, 68, 119 S.Ct. 304, 312, 48 USPQ2d 1641, 1647 (1998); Eli Lilly, 119 F.3d at 1568, 43 USPQ2d at 1406; Amgen, Inc. v. Chugai Pharm., 927 F.2d 1200, 1206, 18 USPQ2d 1016, 1021 (Fed. Cir. 1991) . However, those evidentiary bars are not met with the current written description. The examiner respectfully requests Applicant’s assistance in determining where support may be found or have the subject matter deleted from the claim(s). For claim 8, the claim language “ a classification module configured to classify one or more portions of the vibration signal into at least one of clean instance, movement instance and artifacts ” 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, at the time the application was filed, had possession of the claimed invention. Specifically, this claim language invokes 35 U.S.C. 112(f). However, the corresponding structure could not be found. As a result, there is a lack of evidence that Applicant had possession of the claimed since a n applicant shows that the inventor was in possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention. Lockwood v. Amer. Airlines, Inc., 107 F.3d 1565, 1572, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997). Possession may be shown in a variety of ways including description of an actual reduction to practice, or by showing that the invention was “ready for patenting” such as by the disclosure of drawings or structural chemical formulas that show that the invention was complete, or by describing distinguishing identifying characteristics sufficient to show that the inventor was in possession of the claimed invention. See, e.g., Pfaff v. Wells Elecs., Inc., 525 U.S. 55, 68, 119 S.Ct. 304, 312, 48 USPQ2d 1641, 1647 (1998); Eli Lilly, 119 F.3d at 1568, 43 USPQ2d at 1406; Amgen, Inc. v. Chugai Pharm., 927 F.2d 1200, 1206, 18 USPQ2d 1016, 1021 (Fed. Cir. 1991) . However, those evidentiary bars are not met with the current written description. The examiner respectfully requests Applicant’s assistance in determining where support may be found or have the subject matter deleted from the claim(s). For claim 8, the claim language “ a cleaning module configured to remove or clean at least one of the movement instance and artifact by using a clustering algorithm to determine whether a 1-second instance of the vibration signal comprises the movement instance ” 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, at the time the application was filed, had possession of the claimed invention. Specifically, this claim language invokes 35 U.S.C. 112(f). However, the corresponding structure could not be found. As a result, there is a lack of evidence that Applicant had possession of the claimed since a n applicant shows that the inventor was in possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention. Lockwood v. Amer. Airlines, Inc., 107 F.3d 1565, 1572, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997). Possession may be shown in a variety of ways including description of an actual reduction to practice, or by showing that the invention was “ready for patenting” such as by the disclosure of drawings or structural chemical formulas that show that the invention was complete, or by describing distinguishing identifying characteristics sufficient to show that the inventor was in possession of the claimed invention. See, e.g., Pfaff v. Wells Elecs., Inc., 525 U.S. 55, 68, 119 S.Ct. 304, 312, 48 USPQ2d 1641, 1647 (1998); Eli Lilly, 119 F.3d at 1568, 43 USPQ2d at 1406; Amgen, Inc. v. Chugai Pharm., 927 F.2d 1200, 1206, 18 USPQ2d 1016, 1021 (Fed. Cir. 1991) . However, those evidentiary bars are not met with the current written description. The examiner respectfully requests Applicant’s assistance in determining where support may be found or have the subject matter deleted from the claim(s). For claim 8, the claim language “ an isolation module configured to isolate one or more physiological condition signals from the cleaned vibration signal ” 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, at the time the application was filed, had possession of the claimed invention. Specifically, this claim language invokes 35 U.S.C. 112(f). However, the corresponding structure could not be found. As a result, there is a lack of evidence that Applicant had possession of the claimed since a n applicant shows that the inventor was in possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention. Lockwood v. Amer. Airlines, Inc., 107 F.3d 1565, 1572, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997). Possession may be shown in a variety of ways including description of an actual reduction to practice, or by showing that the invention was “ready for patenting” such as by the disclosure of drawings or structural chemical formulas that show that the invention was complete, or by describing distinguishing identifying characteristics sufficient to show that the inventor was in possession of the claimed invention. See, e.g., Pfaff v. Wells Elecs., Inc., 525 U.S. 55, 68, 119 S.Ct. 304, 312, 48 USPQ2d 1641, 1647 (1998); Eli Lilly, 119 F.3d at 1568, 43 USPQ2d at 1406; Amgen, Inc. v. Chugai Pharm., 927 F.2d 1200, 1206, 18 USPQ2d 1016, 1021 (Fed. Cir. 1991) . However, those evidentiary bars are not met with the current written description. The examiner respectfully requests Applicant’s assistance in determining where support may be found or have the subject matter deleted from the claim(s). For claim 9, the claim language “ a frequency determination module configured to determine at least one desired frequency of the output physiological condition acoustic signals ” 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, at the time the application was filed, had possession of the claimed invention. Specifically, this claim language invokes 35 U.S.C. 112(f). However, the corresponding structure could not be found. As a result, there is a lack of evidence that Applicant had possession of the claimed since a n applicant shows that the inventor was in possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention. Lockwood v. Amer. Airlines, Inc., 107 F.3d 1565, 1572, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997). Possession may be shown in a variety of ways including description of an actual reduction to practice, or by showing that the invention was “ready for patenting” such as by the disclosure of drawings or structural chemical formulas that show that the invention was complete, or by describing distinguishing identifying characteristics sufficient to show that the inventor was in possession of the claimed invention. See, e.g., Pfaff v. Wells Elecs., Inc., 525 U.S. 55, 68, 119 S.Ct. 304, 312, 48 USPQ2d 1641, 1647 (1998); Eli Lilly, 119 F.3d at 1568, 43 USPQ2d at 1406; Amgen, Inc. v. Chugai Pharm., 927 F.2d 1200, 1206, 18 USPQ2d 1016, 1021 (Fed. Cir. 1991) . However, those evidentiary bars are not met with the current written description. The examiner respectfully requests Applicant’s assistance in determining where support may be found or have the subject matter deleted from the claim(s). For claim 9, the claim language “ a frequency amplification module configured to calculate and execute an amplification automatically by resampling and amplifying the physiological condition signal based on a desired frequency range ” 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, at the time the application was filed, had possession of the claimed invention. Specifically, this claim language invokes 35 U.S.C. 112(f). However, the corresponding structure could not be found. As a result, there is a lack of evidence that Applicant had possession of the claimed since a n applicant shows that the inventor was in possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention. Lockwood v. Amer. Airlines, Inc., 107 F.3d 1565, 1572, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997). Possession may be shown in a variety of ways including description of an actual reduction to practice, or by showing that the invention was “ready for patenting” such as by the disclosure of drawings or structural chemical formulas that show that the invention was complete, or by describing distinguishing identifying characteristics sufficient to show that the inventor was in possession of the claimed invention. See, e.g., Pfaff v. Wells Elecs., Inc., 525 U.S. 55, 68, 119 S.Ct. 304, 312, 48 USPQ2d 1641, 1647 (1998); Eli Lilly, 119 F.3d at 1568, 43 USPQ2d at 1406; Amgen, Inc. v. Chugai Pharm., 927 F.2d 1200, 1206, 18 USPQ2d 1016, 1021 (Fed. Cir. 1991) . However, those evidentiary bars are not met with the current written description. The examiner respectfully requests Applicant’s assistance in determining where support may be found or have the subject matter deleted from the claim(s). For claim 9, the claim language “ a differential processing module configured to generate one or more created acoustic signals by combining, merging or layering at least one of multiple signals, layers and digital markers that depict clinical issues related to physiological conditions of the user's body ” 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, at the time the application was filed, had possession of the claimed invention. Specifically, this claim language invokes 35 U.S.C. 112(f). However, the corresponding structure could not be found. As a result, there is a lack of evidence that Applicant had possession of the claimed since a n applicant shows that the inventor was in possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention. Lockwood v. Amer. Airlines, Inc., 107 F.3d 1565, 1572, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997). Possession may be shown in a variety of ways including description of an actual reduction to practice, or by showing that the invention was “ready for patenting” such as by the disclosure of drawings or structural chemical formulas that show that the invention was complete, or by describing distinguishing identifying characteristics sufficient to show that the inventor was in possession of the claimed invention. See, e.g., Pfaff v. Wells Elecs., Inc., 525 U.S. 55, 68, 119 S.Ct. 304, 312, 48 USPQ2d 1641, 1647 (1998); Eli Lilly, 119 F.3d at 1568, 43 USPQ2d at 1406; Amgen, Inc. v. Chugai Pharm., 927 F.2d 1200, 1206, 18 USPQ2d 1016, 1021 (Fed. Cir. 1991) . However, those evidentiary bars are not met with the current written description. The examiner respectfully requests Applicant’s assistance in determining where support may be found or have the subject matter deleted from the claim(s). For claim 11, the claim language “ a format determination module configured to determine at least one desired audio file format for the output physiological condition acoustic signals ” 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, at the time the application was filed, had possession of the claimed invention. Specifically, this claim language invokes 35 U.S.C. 112(f). However, the corresponding structure could not be found. As a result, there is a lack of evidence that Applicant had possession of the claimed since a n applicant shows that the inventor was in possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention. Lockwood v. Amer. Airlines, Inc., 107 F.3d 1565, 1572, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997). Possession may be shown in a variety of ways including description of an actual reduction to practice, or by showing that the invention was “ready for patenting” such as by the disclosure of drawings or structural chemical formulas that show that the invention was complete, or by describing distinguishing identifying characteristics sufficient to show that the inventor was in possession of the claimed invention. See, e.g., Pfaff v. Wells Elecs., Inc., 525 U.S. 55, 68, 119 S.Ct. 304, 312, 48 USPQ2d 1641, 1647 (1998); Eli Lilly, 119 F.3d at 1568, 43 USPQ2d at 1406; Amgen, Inc. v. Chugai Pharm., 927 F.2d 1200, 1206, 18 USPQ2d 1016, 1021 (Fed. Cir. 1991) . However, those evidentiary bars are not met with the current written description. The examiner respectfully requests Applicant’s assistance in determining where support may be found or have the subject matter deleted from the claim(s). For claim 11, the claim language “ a format conversion module configured to convert the physiological condition signals into physiological condition acoustic signals of the desired audio file format ” 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, at the time the application was filed, had possession of the claimed invention. Specifically, this claim language invokes 35 U.S.C. 112(f). However, the corresponding structure could not be found. As a result, there is a lack of evidence that Applicant had possession of the claimed since a n applicant shows that the inventor was in possession of the claimed invention by describing the claimed invention with all of its limitations using such descriptive means as words, structures, figures, diagrams, and formulas that fully set forth the claimed invention. Lockwood v. Amer. Airlines, Inc., 107 F.3d 1565, 1572, 41 USPQ2d 1961, 1966 (Fed. Cir. 1997). Possession may be shown in a variety of ways including description of an actual reduction to practice, or by showing that the invention was “ready for patenting” such as by the disclosure of drawings or structural chemical formulas that show that the invention was complete, or by describing distinguishing identifying characteristics sufficient to show that the inventor was in possession of the claimed invention. See, e.g., Pfaff v. Wells Elecs., Inc., 525 U.S. 55, 68, 119 S.Ct. 304, 312, 48 USPQ2d 1641, 1647 (1998); Eli Lilly, 119 F.3d at 1568, 43 USPQ2d at 1406; Amgen, Inc. v. Chugai Pharm., 927 F.2d 1200, 1206, 18 USPQ2d 1016, 1021 (Fed. Cir. 1991) . However, those evidentiary bars are not met with the current written description. The examiner respectfully requests Applicant’s assistance in determining where support may be found or have the subject matter deleted from the claim(s). For claim 11, the claim language “ determine at least one desired audio file format for the output physiological condition acoustic signals ” does not appear to be 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 pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. A claim may lack written description when the specification does not disclose the computer and the algorithm (i.e., the necessary steps and/or flowcharts) that perform the claimed function in sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor invented the claimed subject matter. See MPEP 2161.01(I). Here, the claim recites the function of determin ing at least one desired audio file format for the output physiological condition acoustic signals , but the specification never discloses the necessary steps and/or flowcharts of how this occurs. It is not enough that a skilled artisan could devise a way to accomplish the function because this is not relevant to the issue of whether the inventor has shown possession of the claimed invention. See MPEP 2161.01(I). Therefore, adequate disclosure is needed. Dependent claim(s) 2-14 fail to cure the deficiencies of independent claim 1, thus claim(s) 1-14 is/are rejected under 35 U.S.C. 112(a). The following is a quotation of 35 U.S.C. 112(b): (b ) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the appl icant regards as his invention. Claim (s) 1-14 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being inde
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Prosecution Timeline

Oct 06, 2023
Application Filed
Mar 20, 2026
Non-Final Rejection — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
65%
Grant Probability
93%
With Interview (+28.6%)
3y 9m
Median Time to Grant
Low
PTA Risk
Based on 749 resolved cases by this examiner. Grant probability derived from career allow rate.

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