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 1-12,15-22 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Claims 1-12,15-22 are for a method, and thus fit into a statutory class of invention.
Step 2A, prong 1
Claim 1 includes the step of comparing characteristic values. Such step is considered to be an abstract idea in the form of a mental process. The user can compare values in his head.
Step 2A, prong 2
Claim 1 also includes the step of obtaining voice or vibrations. This step does not integrate the abstract idea into a practical application since it is used merely to supply data for use in the abstract idea. Re claim 2, the steps of calculating and comparing are also steps that can be done in one’s head, and thus are merely a further expression of the abstract idea. Claims 3,4 only include example of sensors, which are only used to sense sound or vibration and not integrate the abstract idea into a practical application. Re claims 5-9, the step of determining also can be considered a mental step, and thus part of the abstract idea of claim 1. Re claims 10-18 only set forth details of the sensed values, and thus do not integrate the abstract idea into a practical application. Claims 18,19 include providing control information for an electrical stimulator. However, it is not stated that the stimulator actually stimulates the patient. Thus, the elements of the claims do not integrate the abstract idea into a practical application. Claims 20,21 only include further details of the result of the abstract idea, and nothing that integrates the idea into a practical application. Claim 22 includes the step of comparing, which is part of the abstract idea of claim 1, and the step of obtaining data which merely provides data for use with the abstract idea.
Step 2B
The claims include a sensor array in the form of a microphone to detect voice or vibrations. Microphones are considered to be well understood, routine and conventional, considered by themselves or as a whole. The claims include no improvements to the functioning of a computer or technical field, but merely add limitations that are extra solution activity or the result of the abstract idea not tied to a special apparatus or a transformation of a particular article to a different state or thing. See MPEP 2106.05.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Oku (2016/0143575) teaches a swallowing estimation device that detects sound of the larynx before a swallowing event. Eisenfeld (2009/0316925) teaches a stethoscope that detects bowel sound before and after eating. Neither reference teaches the claimed method including providing information re whether food has been aspirated and the presence or absence of residue.
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/Scott M. Getzow/Primary Examiner, Art Unit 3792