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 .
Response to Arguments
Applicant’s arguments, see Applicant Arguments/Remarks Made in an Amendment, filed 08 May 2026, with respect to the rejection(s) of claim(s) 1 – 20 under 35 U.S.C. § 102/103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of 35 U.S.C. § 101.
A new ground of rejection under 35 U.S.C. § 101 is presented herein. The claims have not been amended. Under MPEP 706.07(a), this is a new ground that was necessitated by amendment or information submitted by Applicant. Therefore, the action is non-final.
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 – 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
The claim(s) recite(s) a system (claim 1) and non-transitory computer readable medium (claim 11) comprising: one or more sensors; one or more input devices; one or more output devices; memory; and one or more processors configured to: sense physiological data; in accordance with a calculation based on the physiological data and the current location indicating that a likelihood of the user of the system experiencing a health event is above a threshold value; outputting a request for user feedback, receiving the user feedback, updating the calculation for future sue based on the user feedback.
Step 1
Claim 1 is drawn to a system with sensors, input/out devices, and processors. This is a machine. Claim 11 is a manufacture.
Step 2A, Prong One
The claims recite a judicial exception: a mental process and a mathematical concept. Calculating a likelihood that a health event is above a threshold, requesting confirmation of the event, and updating the calculation based on the confirmation can be performed in the human mind, or with a pen and paper, or as a mathematical evaluation of data. A clinician reviewing wearable data, location, and a risk score would be able to adjust the scoring rule based on feedback in the same way.
The sensors, input and output devices, and processors are extra-solution data gathering and generic computer implementation.
Step 2A, Prong Two
The judicial exception is not integrated into a practical application. The additional elements are: one or more sensors, one or more input devices, one or more output devices, and one or more processors. These elements are recited at a high level of generality. The sensors are not limited to any particular sensor, arrangement, or measurement technique. The claims are merely data gathering and generic computer implementation.
Step 2B
The claims are drawn to an abstract idea without significantly more. The claims are merely data gathering and generic computer implementation.
Claims 2 – 10 and 12 – 20 do not cure the deficiencies of the independent claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH M DIETRICH whose telephone number is (571)270-1895. The examiner can normally be reached Mon - Fri 8:00-5:00.
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/JOSEPH M DIETRICH/Primary Examiner, Art Unit 3796
