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 .
DETAILED ACTION
Response to Amendment
In the amendment dated 05/12/2026, the following occurred: Claims 1, 3, 4, 8, 9, 11, 12, 13, 15, 16 and 20 have been amended. Claims 2 and 14 were canceled.
Claims 1, 3-13 and 15-20 are currently pending.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claims 1, 13 and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites a method, apparatus and a non-transitory computer-readable medium for multi-data field in calendar view, which are within a statutory category.
Regarding claims 1, 13 and 20, the limitation of (claim 1 being representative) receiving physiological data measured; displaying a plurality of first display fields corresponding to a plurality of calendar fields, each of the plurality of calendar fields corresponding to a respective day, week, or month, wherein each of the plurality of first display fields corresponds to a respective value associated with a first category of a plurality of preconfigured categories, and wherein the respective value associated with the first category is based at least in part on the physiological data; displaying a first summary indication associated with the plurality of first display fields, the first summary indication corresponding to the first category and based on the physiological data; receiving a first input associated with a location of the first summary indication, configured to toggle between the plurality of preconfigured categories based on the first input; and updating based at least in part on receiving the first input, wherein the updating comprises displaying a second summary indication corresponding to a second category of the plurality of preconfigured categories, wherein the second summary indication replaces the first summary indication and a plurality of second display fields corresponding to the plurality of calendar fields, wherein the plurality of second display fields replace the plurality of first display fields on the user interface, wherein each of the plurality of second display fields corresponds to a respective value associated with the second category, and wherein the respective value associated with the second category is based at least in part on the physiological data as drafted, is a process that, under the broadest reasonable interpretation, covers a method organizing human activity but for the recitation of generic computer components. That is other than reciting a method (in claim 1), one or more memories and one or more processors (in claim 13) and a non-transitory computer-readable medium and one or more processors (in claim 20), the claimed invention amounts to managing personal behavior or interaction between people (i.e., rules or instructions). The Examiner notes that certain “method[s] of organizing human activity” includes a person’s interaction with a computer (see MPEP 2106.04(a)(2)(II)). If a claim limitation, under its broadest reasonable interpretation, covers managing personal behavior or interactions between people, but for the recitation of generic computer components, then it falls within the “Certain Methods of Organizing Human Activity – Managing Personal Behavior Relationships, Interactions Between People (e.g. social activities, teaching, following rules or instructions)” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. Claim 1 is not tied to any particular technological environment that implements the identified abstract idea. In particular, claim 13 recites the additional elements of one or more memories and one or more processors. Claim 20 recites the additional elements of a non-transitory computer-readable medium and one or more processors. These additional elements are not exclusively defined by the applicant and are recited at a high-level of generality (i.e., a generic computer components for enabling access to medical information or for performing generic computer functions. See Spec. at para. [0045]-[0045] and [0171]) such that they amounts to no more than mere instructions to apply the exception using a generic computer component. As set forth in MPEP 2106.04(d) “merely including instructions to implement an abstract idea on a computer” is an example of when an abstract idea has not been integrated into a practical application. Accordingly, even in combination, 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.
Claims 1, 13 and 20 further recite the additional elements of a wearable device comprising one or more sensors and a user interface. These additional elements equates to saying “apply it.” MPEP 2106.04(d)(I) indicates that merely saying “apply it” or equivalent to the abstract idea cannot provide a practical application. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of the one or more memories, one or more processors and the non-transitory computer-readable medium to perform the noted steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept (“significantly more”). Moreover, using generic computer components to perform abstract ideas does not provide a necessary inventive concept. See Alice, 573 U.S. at 223 (“mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention”). Therefore, whether considered alone or in combination, these additional elements do not amount to significantly more than the abstract idea.
Also as discussed with respect to integration of the abstract idea into a practical application, the additional elements of a wearable device comprising one or more sensors and a user interface were determined to be “apply it.” This has been re-evaluated under the “significantly more” analysis and has also been found insufficient to provide significantly more. MPEP2106.05(I)(A) indicates that merely saying “apply it” or equivalent to the abstract idea cannot provide an inventive concept (“significantly more”). Accordingly, even in combination, this additional element does not provide significantly more. As such the claim is not patent eligible.
The examiner notes that: A well-known, general-purpose computer has been determined by the courts to be a well-understood, routine and conventional element (see, e.g., Alice Corp. v. CLS Bank; see also MPEP 2106.05(d)); Receiving and/or transmitting data over a network (“a communications network”) has also been recognized by the courts as a well - understood, routine and conventional function (see, e.g., buySAFE v. Google; MPEP 2016(d)(II)); and Performing repetitive calculations is/are also well-understood, routine and conventional computer functions when they are claimed in a merely generic manner (see, e.g., Parker v. Flook; MPEP 2016.05(d)).
Claims 3-12 and 15-19 are similarly rejected because they either further define/narrow the abstract idea and/or do not further limit the claim to a practical application or provide as inventive concept such that the claims are subject matter eligible even when considered individually or as an ordered combination. Claim(s) 3 and 15 further merely describe(s) each display field. Claim(s) 4 and 16 further merely describe(s) the second summary. Claim(s) 5 and 17 further merely describe(s) receiving second input and displaying third summary. Claim(s) 6 and 18 further merely describe(s) receiving third input and displaying first summary. Claim(s) 7 and 19 further merely describe(s) displaying a set of entries and receiving second input. Claim(s) 8 further merely describe(s) receiving second input and updating a quantity of display fields. Claim(s) 9 further merely describe(s) updating first summary. Claim(s) 10 further merely describe(s) the plurality of preconfigured categories. Claim(s) 11 further merely describe(s) each display fields. Claim(s) 12 further merely describe(s) the first summary.
Claims 2-12 and 14-19 further define the abstract idea and are rejected for the same reason presented above with respect to claims 1, 13 and 20.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 3-13 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Proud (US 2014/0249760).
REGARDING CLAIM 1
Proud discloses a method, comprising: receiving physiological data measured from a user via a wearable device, the wearable device comprising one or more sensors configured to acquire the physiological data from the user ([0019] teaches a wearable monitoring device and one or more sensors at a monitoring device structure that detect or measure user information and [0065] teaches The term "wearable device" can also be a monitoring device. [0083] teaches data relating to the physiological state, the lifestyle and certain contextual parameters of an individual is collected and [0277] teaches monitoring device automatically collects physiological data relating to an individual use (interpreted by examiner as receiving physiological data measured from a user via a wearable device)); displaying, via a user interface, a plurality of first display fields corresponding to a plurality of calendar fields, each of the plurality of calendar fields corresponding to a respective day, week, or month, wherein each of the plurality of first display fields corresponds to a respective value associated with a first category of a plurality of preconfigured categories, and wherein the respective value associated with the first category is based in part on the physiological data ([0218] teaches a user interface. [0225] teaches information received from a user via a user interface can also be provided to a calendar residing within the monitoring device, [0226], [0228] and Fig. 18 teach/show a calendar comprising calendar events associated with an activity for example, a calendar event set for May 2nd with a "running" activity from 2 p.m. to 3 p.m. [0291] teaches including a calendar for choosing between views having variable and selectable time periods. Fig. 24 shows display fields corresponding to a plurality of calendar fields, each of the plurality of calendar fields corresponding to a respective day, week, or month);
displaying a first summary indication associated with the plurality of first display fields, the first summary indication corresponding to the first category and based on the physiological data ([0288] teaches providing the user with a summary of his or her relevant characteristics and life circumstances and [0306] teaches a plurality of user selectable category summaries. Each category summary presents/displays a pre-selected filtered subset of the data associated with the corresponding category (interpreted by examiner as displaying a first summary indication associated with the plurality of first display fields, the first summary indication corresponding to the first category and based on the physiological data));
receiving, via the user interface, a first input associated with a location of the first summary indication on the user interface, wherein the user interface is configured to toggle between the plurality of preconfigured categories based on the first input ([0266] teaches the patient/user provides input via a user interface. [0228] teaches the calendar can also show the location of the activity such as "Millennium Park". Therefore, the "running" activity has a time context and a location context associated with it. [0307] teaches opening Health Manager web page may also include a Daily Data section that launches an input dialog box. The input dialog box facilitates input by the user of the various data required by the Health Manager. As is known in the art, data entry may be in the form of selection from pre-defined lists or general free form text input and [0306] teaches opening Health Manager web page may include a plurality of user selectable category summaries and [0334] teaches providing information for use in various applications (e.g., an applications that provide location-based services such as weather widgets, local yellow page widgets, and map/navigation widgets) (interpreted by examiner as means for receiving, via the user interface, a first input associated with a location of the first summary indication on the user interface, wherein the user interface is configured to toggle between the plurality of preconfigured categories based on the first input));
and updating the user interface based at least in part on receiving the first input, wherein the updating comprises displaying, a second summary indication corresponding to a second category of the plurality of preconfigured categories, wherein the second summary indication replaces the first summary indication on the user interface ([0306] teaches user selectable category summaries. [0316] teaches visual output may include graphics, text, icons, video, and any combination thereof (collectively termed "graphics"), [0317] teaches accepting input from the user based on haptic and/or tactile contact and detecting contact and converting the detected contact into interaction with user-interface objects (e.g., one or more soft keys, icons, web pages or images) that are displayed on the touch screen. [0323] teaches the mobile device may include a physical or virtual click wheel as an input control device. A user may navigate among and interact with one or more graphical objects (henceforth referred to as icons) displayed in the touch screen. User commands and navigation commands provided by the user via the click wheel may be processed by an input controller as well as one or more of the modules and/or sets of instructions in memory. [0356] teaches the touchpad, when touched by the user, navigates the mobile device to a main, home, or root menu from any user interface that may be displayed on the mobile device. In such embodiments, the touchpad may be referred to as a "menu button." In some other embodiments, the menu button may be a physical push button or other physical input/control device instead of a touchpad (interpreted by examiner as for displaying, via the user interface, a second summary indication corresponding to a second category of the plurality of preconfigured categories based at least in part on receiving the first input, wherein the second summary indication replaces the first summary indication on the user interface); and a plurality of second display fields corresponding to the plurality of calendar fields, wherein the plurality of second display fields replace the plurality of first display fields on the user interface, wherein each of the plurality of second display fields corresponds to a respective value associated with the second category, and wherein the respective value associated with the second category is based at least in part on the physiological data (Fig. 24 teaches a second display field corresponding to the plurality of calendar fields. [0317] teaches accepting input from the user based on haptic and/or tactile contact and detecting contact and converting the detected contact into interaction with user-interface objects (e.g., one or more soft keys, icons, web pages or images) that are displayed on the touch screen. [0219] teaches a name entry field can be used that allows the user to enter the name of an existing activity or the field can be a drop down box including existing activities and [0220] teaches the user is configuring the activity manager to manage and monitor a running activity. The user interface can also include an activity description field, which allows a user to enter a description of the activity. A date entry field is also included on the user interface. The date field allows a user to enter the date or dates when the activity is to occur. A time start field and an end time field are also provided in the user interface. The start time field indicates when the activity begins and the end time field indicates when the activity ends (interpreted by examiner as a plurality of second display fields corresponding to the plurality of calendar fields, wherein the plurality of second display fields replace the plurality of first display fields on the user interface, wherein each of the plurality of second display fields corresponds to a respective value associated with the second category, and wherein the respective value associated with the second category is based at least in part on the physiological data)).
REGARDING CLAIM 3
Proud disclose the limitation of claim 1.
Proud further discloses:
The method of claim 1, wherein each of the plurality of second display fields corresponds to one or more respective values associated with the second category for the one or more respective days, weeks, or months, and each of the one or more respective values associated with the second category is based at least in part on the physiological data (Proud at [0220] teaches the user is configuring the activity manager to manage and monitor a running activity. The user interface can also include an activity description field, which allows a user to enter a description of the activity. A date entry field is also included on the user interface. The date field allows a user to enter the date or dates when the activity is to occur. A time start field and an end time field are also provided in the user interface. The start time field indicates when the activity begins and the end time field indicates when the activity ends. [0286] and Fig. 23 show the opening Health Manager web page and teach the Health Manager web pages comprise a utility through which telemetry system provides various types and forms of data, commonly referred to as analytical status data, to the user that is generated from the data it collects or generates, namely one or more of: the data indicative of various physiological parameters generated by monitoring device; the data derived from the data indicative of various physiological parameters; the data indicative of various contextual parameters generated by monitoring device; and the data input by the user. Analytical status data is characterized by the application of certain utilities or algorithms to convert one or more of the data indicative of various physiological parameters generated by monitoring device, the data derived from the data indicative of various physiological parameters, the data indicative of various contextual parameters generated by monitoring device, and the data input by the user into calculated health, wellness and lifestyle indicators. For example, based on data input by the user relating to the foods he or she has eaten, things such as calories and amounts of proteins, fats, carbohydrates, and certain vitamins can be calculated. As another example, skin temperature, heart rate, respiration rate, heat flow and/or GSR can be used to provide an indicator to the user of his or her stress level over a desired time period. As still another example, skin temperature, heat flow, beat-to-beat heart variability, heart rate, pulse rate, respiration rate, core temperature, galvanic skin response, EMG, EEG, EOG, blood pressure, oxygen consumption, ambient sound and body movement or motion as detected by a device such as an accelerometer can be used to provide indicators to the user of his or her sleep patterns over a desired time period (interpreted by examiner as wherein each of the plurality of second display fields corresponds to one or more respective values associated with the second category for the one or more respective days, weeks, or months, and each of the one or more respective values associated with the second category is based at least in part on the physiological data)).
REGARDING CLAIM 4
Proud disclose the limitation of claim 1.
Proud further discloses:
The method of claim 1, wherein the second summary indication is based at least in part on a sum of each respective value corresponding to the plurality of second display fields, an average of each respective value corresponding to the plurality of second display fields, or both (Proud at [0300] teaches information regarding sleep is presented to the user through sleep web page shown in FIG. 27. Sleep web page includes a sleep duration indicator, based on either data from monitoring device or on data input by the user, together with user sleep time indicator and wake time indicator. A quality of sleep rating input by the user may also be utilized and displayed. If more than a one day time interval is being displayed on sleep web page, then sleep duration indicator is calculated and displayed as a cumulative value, and sleep time indicator, wake time indicator and quality of sleep rating are calculated and illustrated as averages (interpreted by examiner as wherein the second summary indication is based at least in part on an average of each respective value corresponding to the plurality of second display fields)).
REGARDING CLAIM 5
Proud disclose the limitation of claim 1.
Proud further discloses:
The method of claim 1, further comprising: receiving, via the user interface, a second input associated with a location of the second summary indication on the user; and displaying, via the user interface, a third summary indication corresponding to a third category of the plurality of preconfigured categories based at least in part on receiving the second input, wherein the third summary indication replaces the second summary indication on the user interface (Proud at [0281] teaches a user will input additional data during a session. [0228] teaches the calendar can also show the location of the activity such as "Millennium Park". Therefore, the "running" activity has a time context and a location context associated with it. [0307] teaches opening Health Manager web page may also include a Daily Data section that launches an input dialog box. The input dialog box facilitates input by the user of the various data required by the Health Manager. As is known in the art, data entry may be in the form of selection from pre-defined lists or general free form text input and [0306] teaches opening Health Manager web page may include a plurality of user selectable category summaries and [0334] teaches providing information for use in various applications (e.g., an applications that provide location-based services such as weather widgets, local yellow page widgets, and map/navigation widgets) (interpreted by examiner as receiving, via the user interface, a second input associated with a location of the second summary indication on the user) [0306] teaches user selectable category summaries. [0316] teaches visual output may include graphics, text, icons, video, and any combination thereof (collectively termed "graphics"), [0317] teaches accepting input from the user based on haptic and/or tactile contact and detecting contact and converting the detected contact into interaction with user-interface objects (e.g., one or more soft keys, icons, web pages or images) that are displayed on the touch screen. [0323] teaches the mobile device may include a physical or virtual click wheel as an input control device. A user may navigate among and interact with one or more graphical objects (henceforth referred to as icons) displayed in the touch screen. User commands and navigation commands provided by the user via the click wheel may be processed by an input controller as well as one or more of the modules and/or sets of instructions in memory. [0356] teaches the touchpad, when touched by the user, navigates the mobile device to a main, home, or root menu from any user interface that may be displayed on the mobile device. In such embodiments, the touchpad may be referred to as a "menu button." In some other embodiments, the menu button may be a physical push button or other physical input/control device instead of a touchpad (interpreted by examiner as means for displaying, via the user interface, a third summary indication corresponding to a third category of the plurality of preconfigured categories based at least in part on receiving the second input, wherein the third summary indication replaces the second summary indication on the user interface)).
REGARDING CLAIM 6
Claim 6 is analogous to Claims 1 and 5 thus Claim 6 is similarly analyzed and rejected in a manner consistent with the rejection of Claims 1 and 5.
REGARDING CLAIM 7
Proud disclose the limitation of claim 1.
Proud further discloses:
The method of claim 1, further comprising: displaying, via the user interface, a set of entries in response to the first input, each entry of the set of entries corresponding to category of the plurality of preconfigured categories; and receiving, via the user interface, a second input associated with a location of a first entry of the set of entries, wherein the second summary indication is displayed in response to the second input, and the second category corresponds to the first entry (Proud at [0228] teaches activity has a time context and a location context associated with it. [0307] teaches opening Health Manager web page may also include a Daily Data section that launches an input dialog box. The input dialog box facilitates input by the user of the various data required by the Health Manager. As is known in the art, data entry may be in the form of selection from pre-defined lists or general free form text input and [0306] teaches opening Health Manager web page may include a plurality of user selectable category summaries. [0323] teaches the mobile device may include a physical or virtual click wheel as an input control device. A user may navigate among and interact with one or more graphical objects (henceforth referred to as icons) displayed in the touch screen. User commands and navigation commands provided by the user via the click wheel may be processed by an input controller as well as one or more of the modules and/or sets of instructions in memory (interpreted by examiner as displaying, via the user interface, a set of entries in response to the first input, each entry of the set of entries corresponding to category of the plurality of preconfigured categories; and receiving, via the user interface, a second input associated with a location of a first entry of the set of entries, wherein the second summary indication is displayed in response to the second input, and the second category corresponds to the first entry)).
REGARDING CLAIM 8
Proud disclose the limitation of claim 1.
Proud further discloses:
The method of claim 1, further comprising: receiving, via the user interface, a second input associated with the plurality of calendar fields; and updating a quantity of display fields shown via the user interface in response to the second input, wherein the quantity of display fields corresponds to a subset of days, weeks, or months (Proud at [0224] teaches the activity manager can then sync with database to update its data. In yet another embodiment, a user can enter information directly at an identifier enabled item or a sensor. For example, a sensor can include a user interface with a calendar. Any information entered here can then be synced with the activity manager. Any configuration parameters such as a heart rate baseline, stride length, and the like are then communicated to the activity manager. [0225] and Fig.15 teach the information received from a user, for example, via the user interface can also be provided to a calendar residing within the monitoring device. [0272] teaches the user information received from the monitoring device is analyzed relative to the base standards in the database. In one embodiment, the base standards in operation are updatable. The update information includes updated base standards (interpreted by examiner as receiving, via the user interface, a second input associated with the plurality of calendar fields; and updating a quantity of display fields shown via the user interface in response to the second input, wherein the quantity of display fields corresponds to a subset of the days, weeks, or months)).
REGARDING CLAIM 9
Proud disclose the limitation of claim 1.
Proud further discloses:
The method of claim 8, further comprising: updating at least one of the first summary indication or the second summary indications in accordance with the updated quantity of display fields based at least in part on receiving the second input (Proud at [0225] and Fig.15 teach the information received from a user, for example, via the user interface can also be provided to a calendar residing within the monitoring device and [0348] teaches create, display, modify, and store calendars and data associated with calendars (e.g., calendar entries, to do lists, etc.) (interpreted by examiner as updating the first summary indication in accordance with the updated quantity of display fields based at least in part on receiving the second input)).
REGARDING CLAIM 10
Proud disclose the limitation of claim 1.
Proud further discloses:
The method of claim 1, wherein the plurality of preconfigured categories comprise an activity category, a readiness category, a sleep category, a heart rate category, a steps category, a calories burned category, a distance category, an activity tag category, a temperature category, a heart health category, a stress category, a resilience category, a period category, a blood oxygen category, a glucose category, a metabolism category, or a combination thereof (Proud at [0287] teaches categories such as Nutrition, Activity Level, Mind Centering, Sleep, Daily Activities and How You Feel. (interpreted by examiner as a sleep category, a calories burned category or activity category)).
REGARDING CLAIM 11
Claim 11 is analogous to Claim 3 thus Claim 11 is similarly analyzed and rejected in a manner consistent with the rejection of Claim 3.
REGARDING CLAIM 12
Claim 12 is analogous to Claim 4 thus Claim 12 is similarly analyzed and rejected in a manner consistent with the rejection of Claim 4.
REGARDING CLAIMS 13, 15-20
Claims 13, 15-20 are analogous to Claims 1-12 thus Claims 13, 15-20 are similarly analyzed and rejected in a manner consistent with the rejection of Claims 1-12.
Response to Arguments
Claim Objections
Regarding the claim objection(s), the Applicant has amended the claims to overcome the basis/bases of objection.
Rejection under 35 U.S.C. § 101
Regarding the rejection of claims 1, 3-13 and 15-20, the Examiner has considered the Applicant’s arguments, but does not find them persuasive. Applicant argues:
Applicant has amended independent claim 1. As currently presented, at least the features of "updating the user interface based at least in part on receiving the first input, wherein the updating comprises displaying: a second summary indication corresponding to a second category of the plurality of preconfigured categories, wherein the second summary indication replaces the first summary indication on the user interface; and a plurality of second display fields corresponding to the plurality of calendar fields, wherein the plurality of second display fields replace the plurality of first display fields on the user interface, wherein each of the plurality of second display fields corresponds to a respective value associated with the second category, and wherein the respective value associated with the second category is based at least in part on the physiological data" (emphasis added) as is recited, inter alia, in amended independent claim 1 are not certain methods of organizing human activity. Thus, Applicant respectfully submits that amended independent claim 1 is neither an abstract idea nor falls within the "certain methods of organizing human activity" grouping of abstract ideas..
Regarding 1, The Examiner respectfully disagrees. Displaying data on a user interface is an abstract idea and the claims. under the broadest reasonable interpretation, covers certain methods of organizing human activity (i.e., managing personal behavior including following rules or instructions) but for recitation of generic computer components as a person can follow a set of rules or instructions to perform the bolded abstract idea under the 35 U.S.C. § 101 analysis supra.
2. Specifically, amended independent claim 1 as currently presented includes an additional element that reflects an improvement in the functioning of a computer, or an improvement to other technology or technical field.
Regarding 2, The Examiner respectfully disagrees. The claims do not improve upon the functioning of a computer nor provide an improvement in a technical field. The Specification does not support such improvements and focuses on improvements to physiological data collection (see Spec at para. [0027] and [0028]), which is not a computer related/technical improvement. The claims recites steps for receiving physiological data and inputs and displaying data on a conventional user interface. Thus, this cannot integrate the abstract idea into a practical application nor provide significantly more.
Rejection under 35 U.S.C. § 102
Regarding the rejection of claims 1, 3-13 and 15-20, the Examiner has considered the Applicant’s arguments, but does not find them persuasive. Applicant argues:
For example, Proud is silent as to and therefore does not disclose the features of "displaying, via a user interface, a plurality of first display fields corresponding to a plurality of calendar fields, each of the plurality of calendar fields corresponding to a respective day, week, or month, wherein each of the plurality of first display fields corresponds to a respective value associated with a first category of a plurality of preconfigured categories, and wherein the respective value associated with the first category is based at least in part on the physiological data" (emphasis added) and "updating the user interface based at least in part on receiving the first input, wherein the updating comprises displaying: a second summary indication corresponding to a second category of the plurality of preconfigured categories, wherein the second summary indication replaces the first summary indication on the user interface; and a plurality of second display fields corresponding to the plurality of calendar fields, wherein the plurality of second display fields replace the plurality of first display fields on the user interface, wherein each of the plurality of second display fields corresponds to a respective value associated with the second category, and wherein the respective value associated with the second category is based at least in part on the physiological data" (emphasis added) as is recited, inter alia, in amended independent claim 1.
Regarding 1, The Examiner respectfully disagrees. Proud teaches displaying a second summary and a plurality of second display field corresponding to a plurality of calendar fields. Please see updated rejection under 35 U.S.C. § 102. Given the broadest reasonable interpretation, the cited reference teaches the claimed features.
Conclusion
Applicant’s amendment necessitated the new grounds of rejection presented in this Office action. THIS ACTION IS MADE FINAL. See MPEP §706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record though not relied upon in the present basis of rejection are noted in the attached PTO 892 and include:
Ahmed (US 2014/0073486) discloses systems, devices and methods for continuous heart rate monitoring and interpretation. Podobas (US 20210366608) discloses methods and systems for securely communicating over networks, in real time and utilizing biometric data.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIZA TONY KANAAN whose telephone number is (571)272-4664. The examiner can normally be reached on Mon-Thu 9:00am-6:00pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Morgan can be reached on 571-272-6773. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.T.K./Examiner, Art Unit 3683 /ROBERT W MORGAN/Supervisory Patent Examiner, Art Unit 3683
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