DETAILED ACTION
This Office Action is in response to an application filed on August 7, 2024, in which claims 1 through 32 are pending, and ready for examination.
Acknowledgement is made of Applicant’s claim for priority from Provisional Application No. 63/590,392 filed on October 13, 2023.
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
Claims 1-10, 29, and 31 are objected to because of the following informalities:
Claims 1, 29, and 31 each recite, more than once, “the first and second physiological signals”.
For the sake of claim clarity, the claims should recite, “the first physiological signals and the second physiological signals”.
Claims 2-10 are objected to based upon their dependency from claim 1, and also for any further recitation (e.g., “the physiological signals”) that should instead recite “the first physiological signals and the second physiological signals”.
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 11-28, 30, and 32 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 pre-AIA the applicant regards as the invention.
Claims 11, 17, 30, and 32 each recite, “the first biometric of the user”.
There is insufficient antecedent basis for this element in the claim(s). While the claims indeed have antecedent basis for a “first biometric”, the same cannot be said for a “first biometric of the user”.
Claims 18-28 are each dependent from claim 17, and are therefore rejected under the same rationale as claim 18 based upon that dependency.
Allowable Subject Matter
Claims 1-10, 29, and 31 would be allowable, should Applicant overcome the claim objections set forth herein, supra.
Claims 11-28, 30, and 32 would be allowable, should Applicant overcome the claim rejections under 35 U.S.C. 112 set forth herein, supra.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. Brant Murphy whose telephone number is (571)272-6433. The examiner can normally be reached Monday - Friday, 8am - 4pm.
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/J. BRANT MURPHY/Primary Examiner, Art Unit 2435
March 7, 2026