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 .
Priority
The application claims priority to provisional application 63/431,877 filed on 12/12/2022; however, all of the claimed limitations are not supported by this provisional. The provisional application does detail in [0101] that the heart rate and heart rate variability data may be individually combined to estimate overall physiological stress; however, it fails to detail calculating a stress score wherein the first and second weight is based on the resting state of the user. Therefore, the effective filing date for the application based on the supported limitations for the claims is 10/30/2023.
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 details a system (Step 1) directed to a judicial exception (i.e. a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
In accordance with MPEP 2106.04, each of Claims 1-20 has been analyzed to determine whether it is directed to any judicial exceptions.
Step 2A, Prong 1 per MPEP 2106.04(a)
Each of Claims 1-20 recites at least one step or instruction for determining ventilatory threshold for a subject, which is grouped as a mental process in MPEP 2106.04(a)(2)(III) or a certain method of organizing human activity in MPEP 2106.04(a)(2)(II) or mathematical concept in MPEP 2106.04(a)(2)(I). Accordingly, each of Claims 1-20 recites an abstract idea.
Specifically, Claim 1 recites
A computer program product comprising computer executable code embodied in a non- transitory computer readable medium that, when executing on one or more computing devices, causes the one or more computing devices to perform the steps of:
providing a heart rate variability metric for a user based on heart rate data received from a physiological monitoring device over an interval; (additional element)
providing a heart rate metric for the user by aggregating the heart rate from the physiological monitoring device over the interval; (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III))
determining a resting state of the user based on a difference between the heart rate metric for the user and a resting heart rate for the user; and (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III))
calculating a stress score for the user wherein:
the stress score is calculated based on a weighted combination of the heart rate variability metric and the heart rate metric, (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III))
the weighted combination uses a first weight for the heart rate metric based on the resting state of the user, and (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III))
the weighted combination uses a second weight for the heart rate variability metric based on the resting state of the user. (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III))
Specifically, Claim 2 recites
A method comprising:
providing a heart rate variability metric for a user; (additional element)
providing a heart rate metric for the user; (additional element)
determining a resting state of the user; and (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III))
calculating a stress score for the user wherein:
the stress score is calculated based on a weighted combination of the heart rate variability metric and the heart rate metric, (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III))
the weighted combination uses a first weight for a first component of the stress score based on the heart rate metric, wherein the first weight is based on the resting state of the user, and (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III))
the weighted combination uses a second weight for a second component of the stress score based on the heart rate variability metric, wherein the second weight is based on the resting state of the user. (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III))
Additionally, Claim 20 recites
A system comprising:
a wearable physiological monitor including one or more sensors and a first processor configured to continuously acquire heart rate data for a user based on a signal from the one or more sensors; (additional element)
one or more processors coupled in a communicating relationship with the wearable physiological monitor, the one or more processors configured by computer executable code to receive data from the wearable physiological monitor and to:
calculate a heart rate variability metric for the user based on the heart rate data, (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III))
calculate a heart rate metric for the user based on the heart rate data, (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III))
determine a resting state of the user based on the heart rate data, and (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III))
calculate a stress score for the user wherein:
the stress score is calculated based on a weighted combination of the heart rate variability metric and the heart rate metric, (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III))
the weighted combination uses a first weight for the heart rate metric based on the resting state of the user, and (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III))
the weighted combination uses a second weight for the heart rate variability metric based on the resting state of the user; and (observation, judgment or evaluation, which is grouped as a mental process in MPEP 2106.04(a)(2)(III))
a display device in communication with the one or more processors, the display device including a user interface configured to present a value to the user indicative of the stress score. (additional element)
Step 2A, Prong 2 per MPEP 2106.04(d)
The above-identified abstract idea in each of independent Claims 1, 2, and 20 (and their respective dependent Claims 3-19) is not integrated into a practical application under MPEP 2106.04(d) because the additional elements (identified above in independent Claims 1, 2, and 20), either alone or in combination, generally link the use of the above-identified abstract idea to a particular technological environment or field of use according to MPEP 2106.05(h) or represent insignificant extra-solution activity according to MPEP 2106.05(g). More specifically, the additional elements of: sensors, processors, and display are generic and used for data gathering adding insignificant extra-solution activity to the judicial exception in independent Claims 1, 2, and 20 (and their respective dependent claims) which do not improve the functioning of a computer, or any other technology or technical field according to MPEP 2106.04(d)(1) and 2106.05(a). Nor do these above-identified additional elements serve to apply the above-identified abstract idea with, or by use of, a particular machine according to MPEP 2106.05(b), effect a transformation according to MPEP 2106.05(c), provide a particular treatment or prophylaxis according to MPEP 2106.04(d)(2) or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception according to MPEP 2106.04(d)(2) and 2106.05(e). Furthermore, the above-identified additional elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer in accordance with MPEP 2106.05(f). For at least these reasons, the abstract idea identified above in independent Claims 1, 2, and 20 (and their respective dependent claims) is not integrated into a practical application in accordance with MPEP 2106.04(d).
Moreover, the above-identified abstract idea is not integrated into a practical application in accordance with MPEP 2106.04(d) because the claimed method and system merely implements the above-identified abstract idea (e.g., mental process) using rules (e.g., computer instructions) executed by a computer (e.g., external programming device or computer as claimed). In other words, these claims are merely directed to an abstract idea with additional generic computer elements which do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer according to MPEP 2106.05(f). Additionally, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims according to MPEP 2106.05(a). That is, like Affinity Labs of Tex. v. DirecTV, LLC, the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution. Thus, for these additional reasons, the abstract idea identified above in independent Claims 1, 2, and 20 (and their respective dependent claims) is not integrated into a practical application under MPEP 2106.04(d)(I).
Accordingly, independent Claims 1, 2, and 20 (and their respective dependent claims) are each directed to an abstract idea according to MPEP 2106.04(d).
Step 2B per MPEP 2106.05
None of Claims 1-20 include additional elements that are sufficient to amount to significantly more than the abstract idea in accordance with MPEP 2106.05 for at least the following reasons.
These claims require the additional elements of: sensors, processors, and display. The above-identified additional elements are generically claimed computer components which enable the above-identified abstract idea(s) to be conducted by performing the basic functions of automating mental tasks. The courts have recognized such computer functions as well understood, routine, and conventional functions when claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity. See, MPEP 2106.05(d)(II) along with Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); and OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93.
Per Applicant’s specification, [0043] details the use of sensors in the wearable monitor that may includes accelerometers, gyroscopes, temperature sensors and etc. with such generality that they are generic and commercially available. Further, in applicant’s specification [0051] the processor cites that the processor may be any processor described within such as generic and commercially available items such as a microprocessor, microcontroller, or processing circuitry as detailed in [0085]. Per Applicant’s specification, [0009] details a display device including a user interface as detailed in [0111] and [0124] with such generality that they are generic and commercially available.
Accordingly, in light of Applicant’s specification, the claimed term computer is reasonably construed as a generic computing device. Like SAP America vs Investpic, LLC (Federal Circuit 2018), it is clear, from the claims themselves and the specification, that these limitations require no improved computer resources, just already available technology, with their already available basic functions, to use as tools in executing the claimed process. See MPEP 2106.05(f).
Furthermore, Applicant’s specification does not describe any special programming or algorithms required for computers. This lack of disclosure is acceptable under 35 U.S.C. §112(a) since this hardware performs non-specialized functions known by those of ordinary skill in the computer arts. By omitting any specialized programming or algorithms, Applicant's specification essentially admits that this hardware is conventional and performs well understood, routine and conventional activities in the computer industry or arts. In other words, Applicant’s specification demonstrates the well-understood, routine, conventional nature of the above-identified additional elements because it describes these additional elements in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. § 112(a) (see MPEP 2106.05(d)(I)(2) and 2106.07(a)(III)). Adding hardware that performs “‘well understood, routine, conventional activit[ies]’ previously known to the industry” will not make claims patent-eligible (TLI Communications along with MPEP 2106.05(d)(I)).
The recitation of the above-identified additional limitations in Claims 1, 2, and 20 amounts to mere instructions to implement the abstract idea on a computer. Simply using a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general-purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not provide significantly more. See MPEP 2106.05(f) along with Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); and TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Moreover, implementing an abstract idea on a generic computer, does not add significantly more, similar to how the recitation of the computer in the claim in Alice amounted to mere instructions to apply the abstract idea of intermediated settlement on a generic computer.
A claim that purports to improve computer capabilities or to improve an existing technology may provide significantly more. See MPEP 2106.05(a) along with McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); and Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). However, a technical explanation as to how to implement the invention should be present in the specification for any assertion that the invention improves upon conventional functioning of a computer, or upon conventional technology or technological processes. That is, per MPEP 2106.05(a), the disclosure must provide sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement. Here, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims. Instead, as in Affinity Labs of Tex. v. DirecTV, LLC 838 F.3d 1253, 1263-64, 120 USPQ2d 1201, 1207-08 (Fed. Cir. 2016), the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution.
For at least the above reasons, the method and system of Claims 1-20 are directed to applying an abstract idea as identified above on a general purpose computer without (i) improving the performance of the computer itself or providing a technical solution to a problem in a technical field according to MPEP 2106.05(a), or (ii) providing meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that these claims amount to significantly more than the abstract idea itself according to MPEP 2106.04(d)(2) and 2106.05(e).
Taking the additional elements individually and in combination, the additional elements do not provide significantly more. Specifically, when viewed individually, the above-identified additional elements in independent Claims 1, 2, and 20 (and their dependent claims) do not add significantly more because they are simply an attempt to limit the abstract idea to a particular technological environment according to MPEP 2106.05(h). When viewed as a combination, these above-identified additional elements simply instruct the practitioner to implement the claimed functions with well-understood, routine and conventional activity specified at a high level of generality in a particular technological environment according to MPEP 2106.05(h). When viewed as whole, the above-identified additional elements do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amount to significantly more than the abstract idea itself according to MPEP 2106.04(d)(2) and 2106.05(e). Moreover, neither the general computer elements nor any other additional element adds meaningful limitations to the abstract idea because these additional elements represent insignificant extra-solution activity according to MPEP 2106.05(g). As such, there is no inventive concept sufficient to transform the claimed subject matter into a patent-eligible application as required by MPEP 2106.05.
Therefore, for at least the above reasons, none of the Claims 1-20 amounts to significantly more than the abstract idea itself. Accordingly, Claims 1-20 are not patent eligible and rejected under 35 U.S.C. 101.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Camenzind (US 2012/0277603 A1) discloses a device and method for detecting and reporting stress utilizing a weighted combination of the heart rate and heart rate variability to calculate a stress for the user (e.g. [0062]-[0070]). Wilke (US 2012/0136226 A1) discloses a system relating heart rate variability as a measure of susceptibility to stress including determining a baseline or resting state and then providing an indication of heart rate variability to determine stress levels (e.g. [0013]; [0031]-[0032]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSANDRA F HOUGH whose telephone number is (571)270-7902. The examiner can normally be reached Monday-Thursday 7 am - 4 pm.
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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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Jessandra Hough November 27, 2025
/J.F.H./Examiner, Art Unit 3796
/William J Levicky/Primary Examiner, Art Unit 3796
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