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
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, 3, 6-9, 11, 13-16, 18, and 20-27 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more.
Step 1
Claims 1, 3, 6-9, 11, 13-16, 18, and 20-27 are within the four statutory categories. However, as will be shown below, claims 1, 3, 6-9, 11, 13-16, 18, and 20-27 are nonetheless unpatentable under 35 U.S.C. 101.
Claims 1, 9, and 16 are representative of the inventive concept and recite:
Claim 1:
A method of health assessment, the method comprising:
automatically establishing a communication session between a conversational artificial intelligence system and a user device over a network, the communication session being automatically established based on contact information in a data storage, the conversational artificial intelligence system being configured to generate one or more responsive communications based on content included in one or more communications received from the user device such that the conversational artificial intelligence system participates in a conversation with a user of the user device;
recording, in memory, first audio from the user device obtained over the network via the communication session;
analyzing frequencies and intensities of the recorded first audio from the user device to determine when the recorded first audio includes vocalization;
in response to an amount of first audio with vocalization being less than a threshold amount of audio for automatically assessing non-hearing health conditions with a health assessment system, generating, via the conversational artificial intelligence system, second audio to direct to the user device over the network, the conversational artificial intelligence system configured to generate the second audio to prompt additional vocalization;
in response to directing the second audio, recordings in memory, third audio from the user device obtained over the network via the communication session; analyzing frequencies and intensities of the recorded third audio to determine when the recorded third audio includes vocalization;
in response to an amount of the first audio with vocalization and the third audio with vocalization satisfying the threshold amount of audio for automatically assessing non-hearing health conditions with the health assessment system, providing the audio with the vocalization to the health assessment system configured to automatically assess non-hearing health conditions of people using the audio; and
(G) obtaining a health condition of the user of the user device from the health assessment system.
*Claims 9 and 16 recite similar limitations as claim 1 but for a non-transitory computer-readable medium and system, respectively.
Step 2A Prong One
The broadest reasonable interpretation of these steps includes mental processes because the
highlighted components can practically be performed by the human mind (in this case, the process of
recording, and analyzing) or using pen and paper. Other than reciting generic computer
components/functions such as “artificial intelligence system”, “user device”, “network”, “memory”, “system”, and “artificial intelligence”, nothing in the claims precludes the highlighted portions from practically being performed in the mind. For example, in claim 1, but for the generic computer language, the claim encompasses the user collecting and analyzing data. If a claim limitation, under its broadest reasonable interpretation, cover performance of the limitation in the mind but for the recitation of generic computer components/functions, then it falls within “Mental Processes” grouping of abstract ideas. Additionally, the mere nominal recitation of a generic computer does not take the claim limitation out of the mental process grouping. Thus, the claim recites a mental process. The recitation of generic computer components/functions such as establishing a communication session and generating also covers behavioral or interactions between people, and/or managing personal behavior or relationships or interactions between people (i.e. social activities, teaching, and following rules or instructions), hence the claim falls under “Certain Methods of Organizing Human Activity”. The types of identified abstract ideas are considered together as a single abstract idea for analysis purposes.
Dependent claims 3, 6-8, 11, 13-15, 18, and 20-27 recite additional subject matter which further narrows or defines the abstract idea embodied in the claims.
Step 2A Prong Two
This judicial exception is no integrated into a practical application. In particular, the claims recite the
following additional limitations:
Claim 1 recites: “artificial intelligence system”, “user device”, “network”, “memory”, “system”, and “artificial intelligence”, (F) in response to an amount of the first audio with vocalization and the third audio with vocalization satisfying the threshold amount of audio for automatically assessing non-hearing health conditions with the health assessment system, providing the audio with the vocalization to the health assessment system configured to automatically assess non-hearing health conditions of people using the audio, and (G) obtaining a health condition of the user of the user device from the health assessment system.
In particular, the additional elements do no integrate the abstract idea into a practical application, other
than the abstract idea per se, because the additional elements amount to no more limitations which:
Amount to mere instructions to apply an exception (MPEP 2106.05(f)). The limitations of
are recited as being performed by a “artificial intelligence system”, “user device”, “network”, “memory”, “system”, and “artificial intelligence”. “artificial intelligence system”, “user device”, “network”, “memory”, “system”, and “artificial intelligence” are recited at a high level of generality and amounts to no more than mere instructions to apply the exception using a generic computer.
Add insignificant extra-solution activity (MPEP 2106.05(g)) to the abstract idea such as the
recitation of (F) in response to an amount of the first audio with vocalization and the third audio with vocalization satisfying the threshold amount of audio for automatically assessing non-hearing health conditions with the health assessment system, providing the audio with the vocalization to the health assessment system configured to automatically assess non-hearing health conditions of people using the audio, and (G) obtaining a health condition of the user of the user device from the health assessment system.
Dependent claims 3, 6-8, 11, 13-15, 18, and 20-27 do not include any additional elements beyond those already recited in independent claims 1, 9, and 16, and hence do not integrate the aforementioned abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or any other technology. Their collective function merely provides conventional computer implementation and do not impose a meaningful limit to integrate the abstract idea into a practical application.
Step 2B
Claims 1, 9, and 16 do not include additional elements that are sufficient to amount to significantly
more than the judicial exception. As discussed above with respect to discussion of integration of the
abstract idea into a practical application, the additional elements: A method in claim 1; amount to no
more than mere instructions to apply an exception to the abstract idea. Additionally, the additional
limitations, other than the abstract idea per se, amount to no more than limitations which amount to
elements that have been recognized as well-understood, routine, and conventional activity in particular
fields as demonstrated by the recitation of:
Sending/receiving data as implied in “providing the audio with the vocalization to the health assessment system configured to automatically assess non-hearing health conditions of people using the audio” ”( TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 614, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016)) in a manner that would be well-understood, routine, and conventional.
Sending/receiving data as implied in “obtaining a health condition of a user of the user device from the health assessment system” ”( TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 614, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016)) in a manner that would be well-understood, routine, and conventional.
Audio which is used to expressly mean sound when recorded, transmitted, and reproduced in a manner that would be well-understood, routine, and conventional.
Para 0014, Schentrup(US 20070071024 A1) discloses: “The audio system 114 utilizes conventional audio technology for intercepting and conveying audible signals to a user of the SCR 100. “.
Para 0005, Yntema (US 9070409 B1) discloses: “ When used alone, namely without video recording equipment, conventional audio recording devices are operative to record sounds present in a desired area or location, such as articulated voices, and fix them to a storage medium and/or distribute them over a transitory medium. “
Para 0070, Joshi(US 20190279607 A1) discloses: “The sounds recorded may be converted into a conventional audio file, such as MP3, MP4, or another known audio file format. “
Dependent claims 3, 6-8, 11, 13-15, 18, and 20-27 do not include any additional elements beyond those already recited in independent claims 1, 9, and 16. Therefore, they are not deemed to be significantly more than the abstract idea because, as stated above, the limitations of the aforementioned dependent claims amount to no more than generally linking the abstract idea to a particular technological environment or field of use, and/or do not recite and additional elements not already recited in independent claims 1, 9, and 16, hence do not amount to “significantly more” than the abstract idea.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3, 6-7, 9, 11, 13-14, 16, 18, 20-21, and 25-27 are rejected under 35 U.S.C. 103 as being unpatentable over Lotan(US20190080803A1) in view of Wang(US20210288927A1) and Knoth(US20180214061A1).
Claim 1
Lotan discloses:
A method of health assessment, the method comprising:
automatically establishing a communication session between a (Para 0051, Lotan discloses: “ System 20 comprises a device for communication and/or computing, such as a smartphone 24 or other mobile communication terminal, and a server 26. “)over a network(Para 0007, Lotan discloses a network), (Para 0083, Lotan discloses speech recordings) from the user device(Para 0051, Lotan discloses a smartphone, which can be a user device) obtained over the network(Para 0083, Lotan discloses audio recordings, which can be received over a patient care network) via the communication session(Para 0057, Lotan discloses: “Upon the subject beginning to speak into the phone, the application—without the subject necessarily noticing—begins to record, and/or transmit, the subject's speech.”); analyzing frequencies(Para 0069, Lotan discloses analyzing formant frequency) and intensities(Para 0081, Lotan discloses the analysis of loudness, which can be intensity) of the recorded first audio from the user device to determine when the recorded audio includes vocalization(Para 0069, Lotan discloses: “Following the above-described preprocessing technique, processor 30 analyzes the portion of the speech signal that was ascertained to be suitable for analysis, such as to identify one or more speech-related parameters of the speech.”); in response to an amount of first audio with vocalization being less than a threshold amount of audio for automatically assessing non-hearing health conditions(Para 0009, Lotan discloses a pulmonary condition) with a health assessment system(Para 0067, Lotan discloses: “he processor may select the largest contiguous portion of the signal in which the stability of the pitch[VOCALIZATION PITCH] is above a particular threshold[THRESHOLD]…”), generating, via the conversational artificial intelligence system, (Para 0069, Lotan discloses: “If an insufficiently-large portion of the signal is found to be suitable for analysis, processor 30 may instruct the smartphone to transmit another signal to the server.”[PROMPTING THE GENERATION OF SECOND AUDIO]), the conversational artificial intelligence system configured to ; in response to directing the second audio, recording in memory, third audio(Para 0083, Lotan discloses speech recordings) from the user device(Para 0051, Lotan discloses a smartphone, which can be a user device) obtained over the network(Para 0083, Lotan discloses audio recordings, which can be received over a patient care network) via the communication session(Para 0057, Lotan discloses: “Upon the subject beginning to speak into the phone, the application—without the subject necessarily noticing—begins to record, and/or transmit, the subject's speech.”); analyzing frequencies(Para 0069, Lotan discloses analyzing formant frequency) and intensities(Para 0081, Lotan discloses the analysis of loudness, which can be intensity) of the recorded third audio to determine when the recorded third audio includes vocalization(Para 0069, Lotan discloses: “Following the above-described preprocessing technique, processor 30 analyzes the portion of the speech signal that was ascertained to be suitable for analysis, such as to identify one or more speech-related parameters of the speech.”); in response to an amount of the first audio with vocalization and the third audio with vocalization satisfying the threshold amount of audio for automatically assessing non-hearing health conditions(Para 0009, Lotan discloses a pulmonary condition) with the health assessment system(Para 0067, Lotan discloses: “he processor may select the largest contiguous portion of the signal in which the stability of the pitch[VOCALIZATION PITCH] is above a particular threshold[THRESHOLD]…”), providing the audio with the vocalization to the health assessment system configured to assess(Para 0039, Lotan discloses a processor/system created to assess audio outputs) non-hearing health conditions(Para 0009, Lotan discloses a pulmonary condition) of people using the audio(Para 0046, Lotan discloses: “The smartphone records the subject as the subject speaks, and then sends the recorded speech signal to the remote server for analysis.”); and obtaining a health condition of the user of the user device from the health assessment system(Para 0046, Lotan discloses: “By automatically analyzing the signal[ASSESSMENT], the remote server identifies one or more speech-related parameters of the speech, and, in response to the parameters, assesses the status of the condition[OBTAINING A HEALTH CONDITION].”).
Lotan does not explicitly disclose:
conversational artificial intelligence system
the communication session being automatically established based on contact information in a data storage
the conversational artificial intelligence system being configured to generate one or more responsive communications based on content included in one or more communications received from the user device such that the conversational artificial intelligence system participates in a conversation with a user of the user device
second audio
generate the second audio to prompt additional vocalization
Wang discloses:
conversational artificial intelligence system(Para 0004, Wang discloses a conversational artificial intelligence system)
the communication session being automatically established(Para 0054, Wang discloses a communication session being automatically established) based on contact information in a data storage(Figure 7, #700, Wang discloses a database in which contact information (#706) is stored)
the conversational artificial intelligence system being configured to generate one or more responsive communications based on content included in one or more communications received from the user device such that the conversational artificial intelligence system participates in a conversation with a user of the user device(Para 0054, Wang discloses an AI agent which is able to converse or engage in dialog based on user input on the user’s mobile device)
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for the assessment of a pulmonary condition by speech analysis of Lotan to add conversational artificial intelligence system, the communication session being automatically established, and the conversational artificial intelligence system being configured to generate one or more responsive communications based on content included in one or more communications received from the user device such that the conversational artificial intelligence system participates in a conversation with a user of the user device, as taught by Wang. One of ordinary skill would have been so motivated to provide a means for a smart communication system that efficiently collects patient data during a session, but in this case for a system which enables communication with uniquely identifiable objects (for the speech-based assessment of a patient’s state of mind (Para 0021, Wang discloses: “Traditionally, obtaining information or requesting help through communications is accomplished by phone calls, a live human agent, emails, online support such as chats and instant messaging, and the like. However, these approaches are not only time-consuming but also may include outdated or irrelevant information.”).
Wang does not explicitly disclose:
second audio
generate the second audio to prompt additional vocalization
Knoth discloses:
second audio(Para 0076, Knoth discloses: “If errors are discovered or if the quality of speech is determined to not meet a particular threshold (e.g., if deemed sub-optimal or of poor quality), the error analyzer 806 may signal the speech elicitor 804 through a feedback communication mechanism 805, e.g., to once again prompt the speaker 802 to produce speech.”)
generate the second audio to prompt additional vocalization(Para 0076, Knoth discloses: “If errors are discovered or if the quality of speech is determined to not meet a particular threshold (e.g., if deemed sub-optimal or of poor quality), the error analyzer 806 may signal the speech elicitor 804 through a feedback communication mechanism 805, e.g., to once again prompt the speaker 802 to produce speech.”)
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for the assessment of a pulmonary condition by speech analysis of Lotan to add second audio and generate the second audio to prompt additional vocalization, as taught by Knoth. One of ordinary skill would have been so motivated to provide a means a feedback loop to prompt the capture of additional audio data points, which meets the criteria for the proper evaluation of health conditions, but in this case for a system for the speech-based assessment of a patient’s state of mind (Para 0003, Knoth discloses: “Speech offers important benefits for mental health monitoring, especially since certain conditions such as depression are common mental health problems that have significant impact on human society but often go undetected. Speech analysis is noninvasive, natural, inexpensive, and can be used in a number of emerging areas such as telemedicine applications for remote assessments, for example.”).
Claim 3
Lotan discloses:
The method of claim 1, wherein the audio is recorded until a threshold amount of audio is recorded, wherein the audio is provided to the health assessment system after the threshold amount of the audio is recorded(Para 0063, Lotan discloses: “In general, processor 30 may analyze the subject's speech at any suitable predetermined times, separated by any suitable intervals[TIME LIMITATION CAN BE THRESHOLD].”).
Claim 6
Lotan discloses:
The method of claim 1, further comprising monitoring the recorded audio for vocalization of the user that includes the one or more vocalization characteristics, wherein the threshold amount of the first audio and the third audio is audio that includes the one or more vocalization characteristics(Para 0068, Lotan discloses: “That is, typically, the processor selects only those portions of the signal whose (i) energy level is above the threshold, (ii) pitch is sufficiently stable, (iii) pitch confidence is sufficiently high, and (iv) formant frequency is sufficiently stable. (CHARACTERISTICS OF VOCALIZATION THAT DEFINE THRESHOLD FOR SELECTION AND ANALYSIS]”).
Claim 7
Lotan discloses:
The method of claim 6, wherein the one or more vocalization characteristics include one or more of acoustic properties, vocalization cadence, articulation of sounds, voice quality, language patterns, and prosodic features(Para 0047, Lotan discloses: “Typically, the speech-related parameters, upon which the assessment is based, include spectral[SPECTRAL PROPERTIES CAN BE CONSIDERED PROSODIC] and/or cepstral properties of the speech”).
Claim 9
Claim 9 recites similar limitations as claim 1. See claim 1 analysis.
Claim 11
Lotan discloses:
The computer-readable media of claim 10, wherein the operations further comprise monitoring the recorded audio for vocalization of the user of the user device, wherein the threshold amount of audio is audio that includes vocalization of the user(Para 0067, Lotan discloses: “he processor may select the largest contiguous portion of the signal in which the stability of the pitch[VOCALIZATION PITCH] is above a particular threshold[THRESHOLD]…”).
Claim 13
Claim 13 recites similar limitations as claim 6. See claim 6 analysis.
Claim 14
Claim 14 recites similar limitations as claim 7. See claim 7 analysis.
Claim 16
Claim 16 recites similar limitations as claim 1. See claim 1 analysis.
Claim 18
Claim 18 recites similar limitations as claim 11. See claim 11 analysis.
Claim 20
Claim 20 recites similar limitations as claim 6. See claim 6 analysis.
Claim 21
Lotan discloses:
The system of claim 20, wherein the one or more vocalization characteristics include one or more of acoustic properties, vocalization cadence, articulation of sounds, voice quality, language patterns, and prosodic features(Para 0029, Lotan discloses pitch, which is a prosodic feature).
Claim 23
Lotan discloses:
The method of claim 1, further comprising analyzing the obtained health condition to determining an immediacy of care associated with the health condition(Para 0054, Lotan discloses the determination of immediacy of care by determining, based on analysis, whether an automatic call to an emergency call center is warranted).
Claim 24
Lotan discloses:
The method of claim 1, wherein the communication session is a first communication session(Para 0054, Wang discloses a communication session) and the method further comprises (Para 0051, Lotan discloses: “ System 20 comprises a device for communication and/or computing, such as a smartphone 24 or other mobile communication terminal, and a server 26. “) over the network(Para 0007, Lotan discloses a network), (Para 0083, Lotan discloses speech recordings); providing the audio from the second user device to the health assessment system(Para 0039, Lotan discloses a processor/system created to assess audio outputs); and obtaining a second health condition of a second user of the second user device from the health assessment system.
Lotan does not explicitly disclose:
automatically establishing a second communication session
the second communication session being established in an overlapping time frame with the first communication session
Wang discloses:
automatically establishing a second communication session(Para 0054, Wang discloses a communication session)
the second communication session being established in an overlapping time frame with the first communication session(Para 0036, Wang discloses a plurality of objects to be conversational with users)
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for the assessment of a pulmonary condition by speech analysis of Lotan to add automatically establishing a second communication session and the second communication session being established in an overlapping time frame with the first communication session, as taught by Wang. One of ordinary skill would have been so motivated to provide a means for a smart communication system that efficiently collects patient data during a session, but in this case for a system which enables communication with uniquely identifiable objects (for the speech-based assessment of a patient’s state of mind (Para 0021, Wang discloses: “Traditionally, obtaining information or requesting help through communications is accomplished by phone calls, a live human agent, emails, online support such as chats and instant messaging, and the like. However, these approaches are not only time-consuming but also may include outdated or irrelevant information.”).
Claim 25
Lotan discloses:
The method of claim 1, wherein providing the audio to the health assessment system includes streaming the audio to the health assessment system during the communication session(Para 0051, Lotan discloses the transmission of audio and analysis occurring real-time as the subject is speaking).
Claim 26
Lotan discloses:
The method of claim 25, wherein the health condition is obtained from the health assessment system during the communication session(Para 0051, Lotan discloses the transmission of audio and analysis occurring real-time as the subject is speaking) and the method further comprises providing the health condition to the user device in response to receiving the health condition from the health assessment system during the communication session(Para 0051, Lotan discloses the transmission of audio and analysis occurring real-time as the subject is speaking).
Claim 27
Lotan does not explicitly disclose:
The method of claim 26, further comprising terminating the communication session after providing the health condition to the user device
Wang discloses:
The method of claim 26, further comprising terminating the communication session after providing the health condition to the user device(Para 0049, Wang discloses termination of a communication session).
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for the assessment of a pulmonary condition by speech analysis of Lotan to add terminating the communication session after providing the health condition to the user device, as taught by Wang. One of ordinary skill would have been so motivated to provide a means for a smart communication system that efficiently collects patient data during a session, but in this case for a system which enables communication with uniquely identifiable objects (for the speech-based assessment of a patient’s state of mind (Para 0021, Wang discloses: “Traditionally, obtaining information or requesting help through communications is accomplished by phone calls, a live human agent, emails, online support such as chats and instant messaging, and the like. However, these approaches are not only time-consuming but also may include outdated or irrelevant information.”).
Claims 8, 15, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Lotan(US20190080803A1) in view of in view of Wang(US20210288927A1), Knoth(US20180214061A1), and Galloway (US20180260706A1).
Claim 8
Lotan does not explicitly disclose:
The method of claim 1, further comprising noting the health condition in a health record of a user of the user device.
Galloway discloses:
The method of claim 1, further comprising noting the health condition in a health record of a user of the user device (Para 0030, Galloway discloses: “Based on the output of the machine learning model 125, the identity analysis system 110 can update medical records 125…”).
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for the assessment of a pulmonary condition by speech analysis of Lotan to add noting the health condition in a health record of a user, as taught by Galloway. One of ordinary skill would have been so motivated to provide a means to capture relevant health data and include it in health records for tracking purposes, but in this case for a system of identity analysis of electrocardiograms (Para 0002, Galloway discloses: “Such variations of electrocardiograms can be caused by particular anatomical features of an individual's heart and body. Electrocardiograms of individuals may change over time even while still being considered medically normal.”).
Claim 15
Claim 18 has similar limitation as claim 8. See claim 8 analysis.
Claim 22
Lotan and Wang do not explicitly disclose:
The system of claim 16, wherein the operations further comprise:
obtaining a health record of the user of the user device from a health record data storage; and updating the health record of the user to include the health condition during the communication session.
Knoth discloses:
obtaining a health record of the user of the user device from a health record data storage(Para 0080, Knoth discloses obtaining input from an EMR, which is a health record in storage)
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for the assessment of a pulmonary condition by speech analysis of Lotan to add obtaining a health record of the user of the user device from a health record data storage, as taught by Knoth. One of ordinary skill would have been so motivated to provide a means to attain health record data to make a determination of health status, but in this case for a system for the speech-based assessment of a patient’s state of mind (Para 0003, Knoth discloses: “Speech offers important benefits for mental health monitoring, especially since certain conditions such as depression are common mental health problems that have significant impact on human society but often go undetected. Speech analysis is noninvasive, natural, inexpensive, and can be used in a number of emerging areas such as telemedicine applications for remote assessments, for example.”).
Knoth does not explicitly disclose:
updating the health record of the user to include the health condition
Galloway discloses:
updating the health record of the user to include the health condition(Para 0030, Galloway discloses: “Based on the output of the machine learning model 125, the identity analysis system 110 can update medical records 125…”)
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for the assessment of a pulmonary condition by speech analysis of Lotan to add noting the health condition in a health record of a user, as taught by Galloway. One of ordinary skill would have been so motivated to provide a means to capture relevant health data and include it in health records for tracking purposes, but in this case for a system of identity analysis of electrocardiograms (Para 0002, Galloway discloses: “Such variations of electrocardiograms can be caused by particular anatomical features of an individual's heart and body. Electrocardiograms of individuals may change over time even while still being considered medically normal.”).
Response to Arguments
35 U.S.C. 101
(Pages 10-11) Regarding the assertion that the amended claims cannot be performed in the human mind.
Applicant's arguments filed have been fully considered but they are not persuasive. Please refer to above 101 analysis. Certain elements are considered mental activity (or can be done using pen and paper) or certain methods of organizing human activity.
(Page 11) Regarding the assertion that the independent claims do not merely recite steps performed by “generic computer components/functions”.
Applicant's arguments filed have been fully considered but they are not persuasive. There is no indication in the claim that the data processing is performed by anything but generic computers/processors/AI. Please refer to 101 analysis above.
(Pages 11-12) Regarding the assertion that the independent claims are integrated into a practical application.
Applicant's arguments filed have been fully considered but they are not persuasive. Please refer to 101 analysis above.
35 U.S.C. 103
Applicant’s arguments with respect to the amended claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hwang(US20240428934A1) discloses a system for presentation of historical multi-channel service platforms.
Kim(US20180322961A1): Kim discloses a system which provides a medical assessment based on voice.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHERYL GOPAL PATEL whose telephone number is (703)756-1990. The examiner can normally be reached Monday - Friday 5:30am to 2:30pm PST.
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/S.G.P./Examiner, Art Unit 3685
/KAMBIZ ABDI/Supervisory Patent Examiner, Art Unit 3685
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