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 .
Claim Rejections - 35 USC § 101
Claims 1-10 & 15-23 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more.
Step 1:
Independent claim 1 is directed to a method; thus the claim falls within a statutory category of invention.
Step 2A, prong 1:
Claim 1 recites the method steps of:
Providing, via a storage medium, signals that have be acquired and each have a time and space-dependent signal characteristic;
Acquiring, by a processor, all possible combinations of tuples by acquiring signal vectors;
Encoding, by the processor, at least one quantity characteristic to color values of a color valence and displaying, via a graphics processing unit the color valence in a combinational time lattice.
Under broadest reasonable interpretation, the claims recite a series of steps that are practically performable in the human mind. A human, provided a signal from a human patient, could encode at least one quantity characteristic to color values of a color valence.
Thus, since claim 1 recites limitations that fall within the mental processes grouping of abstract ideas.
Step 2A, prong 2:
Claim 1 fails to integrate the abstract idea into a practical application. Claim 1 recites the following additional elements, which for the reasons set forth below, do not integrate the abstract idea into a practical application:
“Providing, via a storage medium...” which is directed to data gathering, see MPEP 2106.05(g))
“Acquiring, by a processor…” which is directed to mere instructions to apply an exception, see MPEP 2106.05(f).
Displaying, via a graphics processing unit…” which is directed to data output, see MPEP 2106.05(g)).
Therefore, the claim fails to integrate the abstract idea into a practical application. The examiner also notes that the additional elements recited above do not apply or use the judicial exception to affect a particular treatment or prophylaxis for a disease or medical condition. The above claims are silent to providing any treatment at all to a patient.
Step 2B,
Claim 39 as a whole fails to recite an inventive concept. The additional elements, when considered individually and in combination, do not recite significantly more than the abstract idea for the reasons as set forth above in Step 2A, Prong 2. Upon re-evaluating the limitation that was previously identified as insignificant extra-solution activity in Step 2A, Prong 2, the following evidence to show that the limitation is well-understood, routine and conventional:
real-time discrete data obtained from a medical device/data previously collected from a medical device (i.e. a storage medium) Presenting offers and gathering statistics, OIP Techs., 788 F.3d at 1362-63, 115 USPQ2d at 1092-93; Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network).
producing at said computer processor a human-readable output (i.e. processor) of the analysis of the gathered data, this is also WURC, as evidenced by Electric Power Group, LLC v. Alstom S.A., 830F.3d 1350, 119 USPQ2d 1739 (Fed.Cir. 2016), which discusses “conventional computer, network, and display technology” and states that “nothing in the patent contains any suggestion that the displays needed for that purpose are anything but readily available. We have repeatedly held that such invocations of computers and networks that are not even arguably inventive are “insufficient to pass the test of an inventive concept in the application” of an abstract idea”.” Similarly, there is nothing in Applicant’s specification that indicates that the device that is “producing at said computer processor a human-readable output indicating” the findings of the analysis is anything but readily available.
The examiner also notes that the limitations of the dependent claims, i.e. claims 2-10 & 15-23, further limit claim limitations already indicated above as being directed to an abstract idea. Therefore, the above dependent claims are also directed to patient-ineligible subject matter.
Claim Rejections - 35 USC § 112
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 applicant regards as his invention.
Claims 17-23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites the limitation "one of the following groups" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the anatomical space" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation "the space of economy" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites the limitation "the geological space" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 23 recites the limitation "the metrological space" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-7, 11 & 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Olson (US 2006/0258947) in view of Curington (US 2015/0220812).
Olson discloses;
1.
A method for visualization of characteristics of signals acquired by measurement, the signals having a time and space dependent waveform, comprising the steps of:
E.G. via the disclosed method 80 {[0007], [0043] & (Figs 1-3)}.
Providing, via a storage medium, N signals which have been acquired in a single-channel (N=1) or multi- channel (N>1) manner with respect to an observation space and thus each have a time- dependent and space-dependent signal characteristic (U)
E.G., via the disclosed ECG heart signal(s) obtained from the lead vectors 14 ([0036]-[0037]), wherein the method 80 further comprises the use of a CPU 82 and operatively coupled memory 84 {[0043] & (Fig 3)}.
the N signals being provided in digitized form and for a predeterminable time period T comprising M time points (e.g., via the disclosed signal being sampled at incremental time intervals) and, the N signal values acquired at the respective time t forming an N- dimensional signal vector U, in an N-dimensional signal space:
E.G., via the disclosed signal being sampled at incremental time intervals and the disclosed signal having X, Y, Z axes ([0036]-[0037] & [0057]).
Encoding, by the processor, at least one quantity characteristic of the respective SIM to color values of a color valence (CV) on the basis of a color metric
E.G. via the disclosed color coded sequence and color-coded map 2010 {[0070]-[0072] & (Figs 17-18)}.
and displaying, via a graphics processing unit, the color valence in a combinatorial time lattice (CTL), wherein each lattice point (GP) of the time lattice represents a combination of k (k≥2) time points (ts, te, tr), to each of which one of the simplexes (SIM) is assigned, wherein each lattice point (GP) is displayed (e.g., element 10) with that color valence (CV) which has been coded.
E.G. via the disclosed display 700/800 of the 3-D vector cardiograph 702/802, wherein said map is scaled at time sequences 2020 {[0070]-[0072] & (Figs 7-8)},
Olson discloses the claimed invention a method for technically supporting the analysis of signals comprising the steps of providing N signals acquired having a time and space dependent characteristic being in a digitized form, encoding at least one quantity characteristic and displaying with a color valence except wherein said digitized signal comprises M time points and is capable of being represented as a matrix with M tuples and N signal values so as to acquire a calculated distance of the tuples from each other and interpreted as assigned simplex to each combination of k time points.
Curington teaches that it is known in the art to providing a method of simplifying the analysis of a set of points into a hierarchy of clusters that a of a normal vector that defines the coordinates of a point located in a plane, wherein each point can be further mapped to a tuple of indices and used to calculate a set of simplexes defined by the square distance between N points (e.g., [0045]-[0046] & [0080]-[0086]).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to utilize the tuples and calculated-simplexes as taught by Curington since such a modification would provide the method for technically supporting the analysis of signals comprising the steps of providing N signals acquired having a time and space dependent characteristic being in a digitized form, encoding at least one quantity characteristic and displaying with a color valence wherein said digitized signal comprises M time points and is capable of being represented as a matrix with M tuples and N signal values so as to acquire a calculated distance of the tuples from each other and interpreted as assigned simplex to each combination of k time points for providing the predictable results pertaining to effectively provide quadrics that represent the distance between arbitrary simplexes that are further used to effectively analysis data consisting of points defined by a time and space characteristic (e.g., Curington, [0045]-[0046] & [0080]-[0086]).
2.
The method of claim 1, wherein k = 2, whereby each combination of two (k=2) time points is associated with a 1-simplex, i.e. a polytope in the form of a line , the characteristic size of which indicates the length of the line, and wherein each lattice point of the time lattice represents a combination of two (k=2) time points, each of which is associated with one of the lines, each lattice point being represented with an achromatic color valence which has been encoded for the associated line
E.G. {(Olson, [0070]-[0072]) & (Curington, [0080]-[0086])}.
3.
The method of claim 1, wherein k = 3, whereby each combination of three (k=3) time points (tc, ts, tk) is associated with a 2-simplex (SIM), i.e. a polytope in the form of a triangle (SIM), the characteristic quantities of which comprise the area, the side lengths and/or angles, and wherein each lattice point (GP) of the time lattice (CTL) represents a combination of three (k=3) time points (tc, ts, tk ), to each of which one of the triangles (SIM) is assigned, wherein each lattice point (GP) is represented with that color valence (CV) which has been coded for the assigned triangle (SIM).
E.G. {(Olson, [0070]-[0072]) & (Curington, [0080]-[0086])}.
4.
The method of claim 1, wherein k = 4, whereby each combination of four (k=4) time points is associated with a 3-simplex, I.e. a polytope in the form of a polyhedron (e.g. of a tetrahedron), whose characteristic quantities comprise the volume contents, the area contents, the side lengths and/or angles, and wherein each lattice point (GP) of the time lattice (CTL) represents a combination of four (k=4) time points, to each of which one of the tetrahedra is assigned, wherein each lattice point (GP) is represented with that color / color valence (CV) which has been coded for the assigned polyhedron
E.G. {(Olson, [0070]-[0072]) & (Curington, [0080]-[0086])}.
5.
The method (100) of claim 3, wherein the at least one characteristic quantity of the respective triangle (SIM) is represented by its area, side lengths and/or angle which is coded to color values/a color valence (CV), in particular by means of a predeterminable colorimetry
E.G. {(Olson, [0070]-[0072]) & (Curington, [0080]-[0086])}.
6.
The method (100) of claim 3, wherein for coding the distance values (g, b, r) of each combination, which also correspond to the side lengths of the triangle (SIM), are normalized according to a predeterminable value range to normalized values (g*, b*, r*) and are subsequently coded by means of the predeterminable colorimetry to the color values (COL), in particular to corresponding color values of color primaries / basis vectors of the color valence (CV).
E.G. {(Olson, [0070]-[0072]) & (Curington, [0080]-[0086])}.
7.
The method of claim 3, wherein the respective three time points (t «, t B, tr) of each combination are equidistantly spaced apart
E.G. (Curington, [0080]-[0086]).
8.
The method of claim 3, wherein the combinatorial time lattice (CTL) comprises at least two orthogonal time axes each relating to one of the three points.
E.G. {(Olson, [0070]-[0072]) & (Curington, [0080]-[0086])}.
9.
The method of claim 1, wherein the signals acquired by measurement and having a time and space dependent signal characteristic are provided in particular as digitized signal data and belong to the following groups:
-bioelectric signals of signal data, in particular relating to electrocardiograms, electroencephalograms, electrooculograms and/or electromyograms, the observation space being the anatomical space of one or more patients, or
-seismographic signals or signal data, the observation space being the hydrogeological space of one or more geographical areas.
E.G. {(Olson, [0036]-[0037] & [0043]).
10.
The method of claim 1, wherein the signal acquired by measurement are provided as N data series belonging to one of the following groups:
-Demographic data series;
-Epidemiological data series; or
-Ecometric data series, in particular financial data series.
E.G. {(Olson, [0036]-[0037] & [0043]).
15.
A non-transitory computer program product comprising instructions which, when the program is executed by a computer, cause the computer to perform the method of claim 1.
E.G. via the disclosed CPU 82 and memory 84 that implements the diagnostic algorithm in order to perform the method 80 {Olson, [0012], [0043] & (Fig 3)}.
16.
A non-transitory computer-readable storage medium comprising instructions which, when the program is executed by a computer, cause the computer to perform the method of claim 1.
E.G. via the disclosed CPU 82 and memory 84 that implements the diagnostic algorithm in order to perform the method 80 {Olson, [0012], [0043] & (Fig 3)}.
17.
The method of claim 1, wherein the N signals are bioelectrical signals or signal data and the observation space being the anatomical space of one or more patients, the displaying including displaying the combinatorial time lattice (CTL) as an image on a screen to a medical specialist to analyze the image when making a diagnosis for a disease of a patient.
E.G. via the disclosed display 10 {(Olson, [0036]-[0037], [0070]-[0072] & (Fig 1)}.
18.
The method of claim 17, wherein the signals acquired by measurement and having a time and space dependent signal characteristic are provided as digitized signal data and belong to bioelectrical signals or signal data relating to electrocardiograms, electroencephalograms, electrooculograms and/or electromyograms.
E.G. {(Olson, [0036]-[0037] & [0043]).
19.
The method of claim 1, wherein the N signals are economic data series and the observation space being the space of economy, the displaying including displaying the combinatorial time lattice (CTL) as an image on a screen to an economist or trader for market analysis.
E.G. via the disclosed processing, analysis and reporting of a large point cloud data sets, wherein the method is used for simplification of a point cloud comprising a plurality of data points each of which is defined by a set of coordinates in some form of practical application, i.e. the space of economy, (Curington, [0001]-[0003] & [0080]-[0086])}.
20.
The method of claim 19, wherein the signals acquired by measurement are provided as N data series belonging to financial data series.
E.G. (Curington, [0001]-[0003] & [0080]-[0086])}.
21.
The method of claim 1, wherein the N signals are seismographic data series and the observation space being the geological space of one or more geographical areas, the displaying including displaying the combinatorial time lattice (CTL) as an image on a screen to a seismologist to detect and locate seismic activities, the seismic activities including earthquakes.
E.G. via the disclosed processing, analysis and reporting of a large point cloud data sets, wherein the method is used for simplification of a point cloud comprising a plurality of data points each of which is defined by a set of coordinates in some form of practical application, i.e. geological space of one or more geographical areas, (Curington, [0001]-[0003] & [0080]-[0086])}.
22.
The method of claim 1, wherein the N signals are temporally as well as spatially recorded signals or data and the observation space being the metrological space, the displaying including displaying the combinatorial time lattice (CTL) as an image on a screen to very quickly and accurately evaluate quantitatively the recorded signals or data.
E.G. via the disclosed processing, analysis and reporting of a large point cloud data sets, wherein the method is used for simplification of a point cloud comprising a plurality of data points each of which is defined by a set of coordinates in some form of practical application, i.e. the space of economy, (Curington, [0001]-[0003] & [0080]-[0086])}.
23.
The method of claim 1, wherein the N signals are meteorologically recorded signals and the observation space being the metrological space, the displaying including displaying the combinatorial time lattice (CTL) as an image on a screen to a meteorologist to detect and locate any metrological activities for at least weather forecasts and/or climate prediction.
E.G. via the disclosed processing, analysis and reporting of a large point cloud data sets, wherein the method is used for simplification of a point cloud comprising a plurality of data points each of which is defined by a set of coordinates in some form of practical application, i.e. the space of economy, (Curington, [0001]-[0003] & [0080]-[0086])}.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE F JOHNSON whose telephone number is (571)270-5040. The examiner can normally be reached Monday-Friday 8:00am-5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at 571-270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICOLE F JOHNSON/ Primary Examiner, Art Unit 3796