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.
1. Claims 1-7 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The independent claim 1 recites a method of “generating synchronous electrocardiograms using a synchronous electrocardiogram generation apparatus (Par. 0045 and 0124 discloses taking in ECG data and synchronizing it), the method comprising: acquiring a plurality of pieces of electrocardiogram data, measured asynchronously, from a lead electrocardiogram device; classifying the plurality of pieces of acquired electrocardiogram data into base electrocardiogram data and reference electrocardiogram data, and converting the reference electrocardiogram data into a plurality of pieces of reference unit electrocardiogram data by dividing the reference electrocardiogram data on a per-bit basis, extracting a first characteristic value of a time unrelated to electrocardiogram leads from the base electrocardiogram data, and extracting second characteristic values of times unrelated to electrocardiogram leads from the plurality of pieces of reference unit electrocardiogram data; and setting base points in the base electrocardiogram data, and generating a synchronized virtual electrocardiogram by arranging the plurality of pieces of reference unit electrocardiogram data based on the set base points”. The limitation, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. For example, looking at asynchronous ECG data and then synchronizing it via waveform analysis could simply be done by looking at the data on a printout or screen or could be accomplished mentally. Further, there is no use step – i.e. what is being done with this data once it has been made synchronous? If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. This judicial exception is not integrated into a practical application.
The components are recited at a high-level of generality such that it amounts no more than any structure that can look at ECG data and synchronize the data. Further, the use of an ECG lead in the claims, is merely insignificant extra-solution activity of data gathering. Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The additional elements, such as the lead to gather ECG data, while being mere structures for data gathering are also well-understood, routine, conventional activity that is widely prevalent or common use in the relevant industry. The use of ECG leads to gather patient information are well known in the art as disclosed by the following references: US 20200260980 A1 and US 20210007618 A1. Well-understood, routine and conventional activity cannot be significantly more than the abstract idea itself. The claims are not patent eligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
2. Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (US 20200260980 A1).
In regards to claim 1, Liu discloses a method of generating synchronous electrocardiograms using a synchronous electrocardiogram generation apparatus (Par. 0045 and 0124 discloses taking in ECG data and synchronizing it), the method comprising:
acquiring a plurality of pieces of electrocardiogram data, measured asynchronously, from a lead electrocardiogram device (Par. 0086 teaches gathering ECG data from a lead. Par. 0124 teaches that the lead data is taken in independently, i.e. asynchronously);
classifying the plurality of pieces of acquired electrocardiogram data into base electrocardiogram data and reference electrocardiogram data, and converting the reference electrocardiogram data into a plurality of pieces of reference unit electrocardiogram data by dividing the reference electrocardiogram data on a per-bit basis, extracting a first characteristic value of a time unrelated to electrocardiogram leads from the base electrocardiogram data, and extracting second characteristic values of times unrelated to electrocardiogram leads from the plurality of pieces of reference unit electrocardiogram data; and setting base points in the base electrocardiogram data, and generating a synchronized virtual electrocardiogram by arranging the plurality of pieces of reference unit electrocardiogram data based on the set base points (Par. 0123-0133 teach taking in the ECG data and running it through a classification method wherein reference data is used and time sequence data is extracted, all resulting in creating a synchronous correlation of the ECG data).
In regards to claims 2-4, Liu discloses the method of claim 1, wherein converting the reference electrocardiogram data into the plurality of pieces of reference unit electrocardiogram data comprises converting the reference electrocardiogram data into the plurality of pieces of reference unit electrocardiogram data by extracting and setting peak points of any one waveform of P, Q, R, S and T waves included in the reference electrocardiogram data and extracting data corresponding to a preset time centered on each of the extracted peak points, and also extracting second characteristic values of times (Par. 0149-0150 teach analyzing QRS complexes and P and T waves to extract peak characteristics and time correlations).
In regards to claim 5, Liu discloses the method of claim 3, wherein generating the synchronized virtual electrocardiogram comprises: extracting reference unit electrocardiogram data having a second characteristic value most similar to the first characteristic value by comparing the first characteristic value of the base electrocardiogram data and the second characteristic values of the reference unit electrocardiogram data; setting a peak point of the any one waveform of the P, Q, R, S and T waves, included in the base electrocardiogram data, as a base point; and arranging the extracted reference unit electrocardiogram data based on the set base point (Par. 0123-0133 teach taking in the ECG data and running it through a classification method wherein reference data is used and time sequence data is extracted and Par. 0149-0150 teach analyzing QRS complexes and P and T waves).
In regards to claims 6-7, Liu discloses the method of claim 4/5, wherein generating the synchronized virtual electrocardiogram comprises adding an electrocardiogram located in a rest period section of a base electrocardiogram or a reference electrocardiogram between the arranged reference unit electrocardiogram data and another piece of reference unit electrocardiogram data (Par. 0006 teaches using resting ECG data).
Conclusion
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/S.L.C./Examiner, Art Unit 3792
/NIKETA PATEL/Supervisory Patent Examiner, Art Unit 3792