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 Objections
Claim 16 is objected to because of the following informalities: In claim 16 line 2, after “executes a computer program store in” replace “a memory” to “the memory”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1 line 5, the word “if” raises the questions as to what happens when the condition defined after the word “if” is not met. It is suggested to amend the claim to replace the word “if” with “when”.
The dependent claims inherit the deficiency.
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 1-16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1, 15 and 16 recite a method, an electronic device, comprising a processor configured to run a computer program stored in a memory, to cause the electronic device to implement the method according to the method and a chip system, comprising a processor coupled to a memory to executes a computer program stored in the memory, to implement the method comprising: obtaining a first electrocardiogram signal; and calculating a peak variability feature and a peak number variability feature of the first electrocardiogram signal, wherein if the peak variability feature of the first electrocardiogram signal is less than a first threshold, and the peak number variability feature of the first electrocardiogram signal is less than a second threshold, the first electrocardiogram signal is a normal signal, wherein the first threshold represents an abnormal dividing point of the peak variability feature, the first threshold is determined based on peak variability features of a plurality of electrocardiogram signal samples, the second threshold represents an abnormal dividing point of the peak number variability feature, and the second threshold is determined based on peak number variability features of the plurality of electrocardiogram signal samples.
To determine whether a claim satisfies the criteria for subject matter eligibility, the claim is evaluated according to a stepwise process as described in MPEP 2106(III) and 2106.03-2106.05. The instant claims are evaluated according to such analysis.
Step 1: Is the claim to a process, machine, manufacture or composition of matter?
Claim 1 is directed to a method, claim 15 and 16 are directed an electronic device ad a chip system to perform the steps of the method, and thus meet the requirements for step 1.
Step 2A (Prong 1): Does the claim recite an abstract idea, law of nature, or natural phenomenon?
Claims 1, 15 and 16 recite a method, an electronic device, comprising a processor configured to run a computer program stored in a memory, to cause the electronic device to implement the method according to the method and a chip system, comprising a processor coupled to a memory to executes a computer program stored in the memory, to implement the method comprising:
obtaining a first electrocardiogram signal; and
calculating a peak variability feature and a peak number variability feature of the first electrocardiogram signal,
wherein if the peak variability feature of the first electrocardiogram signal is less than a first threshold, and the peak number variability feature of the first electrocardiogram signal is less than a second threshold, the first electrocardiogram signal is a normal signal, wherein the first threshold represents an abnormal dividing point of the peak variability feature, the first threshold is determined based on peak variability features of a plurality of electrocardiogram signal samples, the second threshold represents an abnormal dividing point of the peak number variability feature, and the second threshold is determined based on peak number variability features of the plurality of electrocardiogram signal samples.
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.
Claims 1, 15 and 16 recite the abstract idea of a mental process. The limitations as drafted in the claims, under its broadest reasonable interpretation, covers performance of the claimed steps in the mind, but for the recitation of a generic processor. Other than reciting a generic processor and memory, nothing in the elements of the claims precludes the step from practically being performed in the mind or manually by a clinician. For example, a clinician can perform the abstract idea as recited in steps b and c by calculating a peak variability feature and a peak number variability feature by reviewing an ECG reading and determining a R variability and a R peak number variability and compare them to a first and second threshold as claimed. Step a of obtaining an electrocardiogram signal is interpreted as a pre-solution activity of data collection.
Further, dependent Claims 2-14 merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than generally linking the use of the abstract idea to a particular technological environment or field of use because they’re merely incidental or token additions to the claims that do not alter or affect how the process steps are performed.
Step 2A (Prong 2): Does the claim recite additional elements that integrate the judicial exception into a practical application?
Claims 1, 15 and 16 recite the additional elements of a “processor” and a “memory”. However, these elements are recited at a high level of generality performing the function of generic data processing such that they amount to no more than mere instructions to simply implement the abstract idea using generic computer components. See MPEP 2106.05(b) and (f).
Accordingly, the additional elements do not integrate the abstract idea into a practical application.
Step 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
The additional elements when considered individually and in combination are not enough to qualify as significantly more than the abstract idea. As discussed above with respect to integration of the abstract idea into a practical application, a “processor” and a “memory” as recited to perform the claimed steps of
calculating a peak variability feature and a peak number variability feature of the first electrocardiogram signal, wherein if the peak variability feature of the first electrocardiogram signal is less than a first threshold, and the peak number variability feature of the first electrocardiogram signal is less than a second threshold, the first electrocardiogram signal is a normal signal, wherein the first threshold represents an abnormal dividing point of the peak variability feature, the first threshold is determined based on peak variability features of a plurality of electrocardiogram signal samples, the second threshold represents an abnormal dividing point of the peak number variability feature, and the second threshold is determined based on peak number variability features of the plurality of electrocardiogram signal samples,
amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using generic components cannot provide an inventive concept. These additional elements are well‐understood, routine (For example Firoozabadi et al (U.S. Patent Application Publication Number: US 2018/0242872 A1, hereinafter “Firoozabadi”), Zhao et al (U.S. Patent Application Publication Number: US 2020/0107786 A1, hereinafter “Zhao”), Lv et al (U.S. Patent Application Publication Number: US 2019/0099103 A1, hereinafter “Lv”) and Ferdosi et al (U.S. Patent Application Publication Number: US 2014/0066795 A1, hereinafter “Ferdosi”) are all teachings that teach a processor coupled to a memory and execute a computer program stored in the memory to perform ECG data analysis on collected ECG data) and conventional limitations that amount to mere instructions or elements to implement the abstract idea. In addition, the end result of the system/method, the essence of the whole, is a patent-ineligible concept. Therefore, the claims are not patent eligible.
While no prior art rejection has been applied for the claims they cannot be indicated as allowable due to the rejections under 35 U.S.C. 101 discussed above.
The closest prior art is
Lan et al (Foreign Patent Number: CN 112971797 A hereinafter “Lan”- APPLICANT CITED, Translation attached) which teaches an electrocardiogram signal quality evaluation method (e.g. Abstract), comprising:
obtaining a first electrocardiogram signal (e.g. Fig.2, page 4: continuous physiological signal quality evaluation method of the invention (example in ECG)); and extracting feature values (i.e. kurtosis page.5) and inputting them into a pre-training model (i.e. isolated forest model, claims 1,2) to obtain a scoring result and
comparing the score to a first and second threshold (i.e. L1 and L2 e.g. claims 1, 3).
Hu et al (Foreign Patent Number: CN 110226919 A hereinafter “Hu”- APPLICANT CITED, Translation attached) Hu teaches calculating a peak variability feature and a peak number variability feature of an electrocardiogram signal (e.g. page 3: determining intervals and obtaining statistical characteristics of the waveform and waveform intervals which are interpreted as peak variability features and peak number variability features).
The prior art does not teach that the first threshold that represents an abnormal dividing point of the peak variability feature is determined based on peak variability features of a plurality of electrocardiogram signal samples and the second threshold that represents an abnormal dividing point of the peak number variability feature is determined based on peak number variability features of the plurality of electrocardiogram signal samples.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MALLIKA DIPAYAN FAIRCHILD whose telephone number is (571)270-7043. The examiner can normally be reached Monday- Friday 8 am-5pm EST.
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/MALLIKA D FAIRCHILD/Primary Examiner, Art Unit 3792
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