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.
Claim 1-11 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more. The judicial exception being an abstract idea. The claim(s) recite(s) electrodes a memory and processor that generate and selecting difference signals similar to Digitech Image Techs., LLC v. Electronics for Imaging, Inc., 758 F.3d 1344, 1350, 111 USPQ2d 1717, 1721 (Fed. Cir. 2014) which was directed generating first and second data by taking existing information, manipulating the data using mathematical functions, and organizing this information into a new form and found to be patent ineligible. This judicial exception is not integrated into a practical application because when the claims are considered as a whole, there is no element or combination of elements in the claims that are sufficient to ensure that the claims amount to significantly more that the abstract idea itself. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims fail to recite any improvements to another technology or technical field, improvements to the functioning of the processor itself, and/or meaningful limitation beyond generally link the use of an abstract idea to a particular environment (i.e. there is not structural relationship between the abstract idea of selecting difference signals). The use of a processor, circuit and electrodes is merely generic. Therefore, because there is no meaningful limitations in the claim to transform the exception into a patent eligible application such that the claim amounts to significantly more than the exception itself, the claim is rejected under 35 USC 101 as being directed to non-statutory subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20110125002 A1 Ershov; Sergey et al.
US 20170224243 A1 Katra; Rodolphe et al.
The prior arts disclose generating difference signals from multiple sets of electrodes but is lacking specfically the second difference signal being optimum for measurement of the heartbeat among the multiple difference signals generated from signals of the multiple electrodes remaining by excluding, from the multiple electrodes, a pair of first electrodes that output original signals of the first difference signal.
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/JON ERIC C MORALES/Primary Examiner, Art Unit 3796
/J.C.M/Primary Examiner, Art Unit 3796