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
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 non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claims are directed to an abstract idea without significantly more.
With Respect to claims 1 and 15 the claims recite the following limitation(s):
Claim 1: A method for detecting blood pressure measurements, the method comprising: obtaining a set of photoplethysmography (PPG) signals using a wearable device worn by a user;
determining that a blood pressure of the user is being measured by a device unassociated with the wearable device based at least in part on the set of PPG signals;
responsive to determining that the blood pressure of the user is being measured by the device unassociated with the wearable device, obtaining an indication of a blood pressure measurement obtained by the device unassociated with the wearable device; and
storing the obtained indication of the blood pressure measurement for future use by the wearable device.
Claim 15: A wearable device, comprising: at least one light emitter and at least one light detector; and
a controller configured to:
obtain a set of photoplethysmography (PPG) signals using the at least one light emitter and at least one light detector;
determine that a blood pressure of a user wearing the wearable device is being measured by a device unassociated with the wearable device based at least in part on the set of PPG signals;
responsive to determining that the blood pressure of the user is being measured by the device unassociated with the wearable device, obtain an indication of a blood pressure measurement obtained by the device unassociated with the wearable device; and
store the obtained indication of the blood pressure measurement for future use by the wearable device.
Step 1- Claims 1 and 15 are directed to a method and a device for detecting blood pressure measurements respectively.
Step 2a Prong 1 – The claimed invention is directed to non-statutory subject matter. The above limitations, under their broadest reasonable interpretation, fall within the "methods of organizing human activity and mental processes” grouping of abstract ideas, enumerated in MPEP
2106.04(a)(2)(II-III), in that they recite steps involving managing personal behavior and mental steps which involve obtaining data, determining if a user is being measured by a conventional blood pressure device, in response to the user getting a blood pressure measurement, obtaining the measurement result and storing the result. When given their BRI, the limitations are considered an abstract idea of being certain methods of organizing human activity and mental processes.
With respect to claim 1, The method sets forth obtaining PPG data, which is merely data collection and determining if a user is being measured by a conventional blood pressure device, in response to the user getting a blood pressure measurement, obtaining the measurement result and storing the result which are merely a series of steps a person can perform.
With respect to claim 15, The device claim merely adds a light emitter and light detector for data gathering for which the human activity and mental process of claim 1 are implemented.
Step 2a Prong 2 - The recitation of the additional elements of a wearable device with a light emitter and light detector merely invokes such additional element(s) as tools to perform the abstract idea. MPEP 2106.05(f).
Further, the recitation of these additional element(s) in the claim generally links the use of the abstract idea to a particular technological environment or field of use, i.e., a computerized environment. MPEP 2106.05(h).
As such, under Prong 2 of Step 2A, when considered both individually and as a whole, the limitations of claims 1 and 15 are not indicative of integration into a practical application (Prong 2, Step 2A: NO). MPEP 2106.04(d)
With respect to claim 1, There do not appear to be any additional elements provided and the abstract idea does not integrate the exception into a practical application or add significantly more.
With respect to claim 15, the system merely adds a light emitter and light detector for data gathering for which the human activity and mental process of claim 1 are implemented. These additional elements are all recited at an extremely high level of generality and may be interpreted as generic computing devices used to implement the abstract idea. Per MPEP
2106.05(f), implementing an abstract idea on a generic computing device does not integrate an abstract
idea into a practical application in Step 2A Prong Two, similar to how the recitation of the computer in
the claim in Alice amounted to mere instructions to apply the abstract idea on a generic computer. As
such, these additional elements do not integrate the abstract idea into a practical application.
As such, these additional elements do not integrate the abstract idea into a practical application and therefore the claim is directed to the judicial exception.
Step 2B - The recitation of the additional elements is acknowledged, as identified above with respect to Prong 2 of Step 2A. These additional elements do not add significantly more to the abstract idea for the same reasons as addressed above with respect to Prong 2 of Step 2A.
Even when considered as an ordered combination, the additional elements of claims 1 and 15 do not add anything that is not already present when they are considered individually. Therefore, under Step 2B, there are no meaningful limitations in claims 1 and 15 that transform the judicial exception into a patent eligible application such that the claim amounts to significantly more than the judicial exception itself (Step 2B: NO). MPEP 2106.05.
Accordingly, under the Subject Matter Eligibility test, claims 1 and 15 are ineligible.
Furthermore, the dependent claims, 2-14 and 16-20 do not add significantly more to the
abstract idea for the same reasons as addressed above with respect to Prong 2 of Step 2A.
Conclusion
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record does not reasonably teach alone or in combination the subject matter of claims 1 and 15.
The prior art of record such as Addison eta al.(US 20160198963) teaches a continuous blood pressure monitoring system utilizing both an inflatable cuff and a PPG sensor to measure blood pressure and determine if calibration is necessary. Watson et al.( US 20150363561) teaches a continuous blood pressure monitoring system and determines when a calibration event is necessary based on a measurement exceeding a threshold. And TSENG(DE 102019101353) similarly teaches calibrating the blood pressure algorithm according to cuffs of measured blood pressure and the recorded EKG signal and PPG signal.
However the prior art of record does not reasonably teach alone or in combination using a light emitter, light detector and controller to obtaining a set of photoplethysmography (PPG) signals using a wearable device worn by a user; determining that a blood pressure of the user is being measured by a device unassociated with the wearable device based at least in part on the set of PPG signals;
responsive to determining that the blood pressure of the user is being measured by the device unassociated with the wearable device, obtaining an indication of a blood pressure measurement obtained by the device unassociated with the wearable device; and storing the obtained indication of the blood pressure measurement for future use by the wearable device.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Addison eta al.(US 20160198963) teaches Systems and methods are provided for storing and recalling metrics associated with physiological signals. It may be determined that the value of a monitored physiological metric corresponds to a stored value. In such cases, a patient monitor may determine that a calibration is not desired. In some cases, a patient monitor may recall calibration parameters associated with the stored value if it determined that the stored value corresponds to the monitored metric value. Continuous non-invasive blood pressure (CNIBP) monitoring systems utilizing both an inflatable cuff and a PPG sensor.
Watson et al.( US 20150363561) teaches Methods and systems are presented for indicating the proximity of a process requirement metric to a corresponding system process requirement in a physiological monitor. Metrics are determined based on a received physiological signal, such as a PPG signal. At least one of the metrics is compared to a corresponding system process requirement, such as a threshold, which can be used to trigger a system process, such as an alarm, a recalibration, or a measurement.
TSENG(DE 102019101353) teaches blood pressure measurement and, more particularly, to a portable blood pressure measurement system for measuring blood pressure according to a sensed electrocardiography (EKG) signal, a photoplethysmography (PPG) signal, and a blood pressure algorithm and a method for calibrating the blood pressure algorithm according to cuffs of measured blood pressure and the recorded EKG signal and PPG signal.
Chin(US 20140172310) teaches Systems and methods are described for controlling acquisition of sensor information, including: one or more physiological sensors and a computing device including a processor programmed to query the physiological sensors to measure one or more physiological parameters of an individual in response to at least one flag indicating a need to measure the one or more physiological parameters; receive a set of sensor values from the physiological sensors; assign a quality value to the set of sensor values received from the physiological sensors; retain the set of sensor values if the assigned quality value of the set of sensor values meets or exceeds a minimum quality value threshold; and update the at least one flag if the assigned quality value of the set of sensor values meets or exceeds the minimum quality value threshold.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L CASLER whose telephone number is (571)272-4956. The examiner can normally be reached M-Th 6:30 to 4:30.
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/BRIAN L CASLER/Primary Examiner, Art Unit 3791