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
This responds to Applicant’s Arguments/Remarks filed 11/21/2025. Claims 1, 6-9, 12, 18 have been amended. Claims 1-20 are now pending in this Application.
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 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 1 appears to be directed to an abstract idea without reciting additional limitations that tie it to a practical application or without reciting additional limitations that amount to significantly more than the abstract idea. One can mentally generate graph with nodes for spaces in a building as well as assets that are contained within those spaces. Then one can also mentally associate and classify senor readings and generate relationships between spaces, assets and sensors. The additional limitations are receiving data. These additional limitations are mere data gathering which are insignificant extra solution activities under step 2A prong II and well understood routine and conventional under step 2B (For Berkhiemer See MPEP 2106.05(d)(II) Versata.)
Step 2A, Prong One: Mathematical Concepts
Independent claims 1, 12, and 18 are directed to refine a search using physiological information.
Determining physiological information associated with a person; detecting verbalization expressed by the person, the verbalization comprising a question; passing, to a search manager, the physiological information and information associated with the verbalization; causing a search to be performed by the search manager, the search being based on the question, the search being refined by the search manager using physiological information; providing results of the refined search responsive to the question. As such, this step can be performed mentally.
Step 2A Prong Two and Step 2B
Use of processors to collect physiological data, detecting a spoken question, sending data to a search system, refining and returning the answer would constitute use of a generic computer used as tool to implement the abstract idea discussed above.
The step of receiving data associated with a building constitutes an insignificant extra-solution activity in the form of mere data gather, see MPEP 2106.05(g)
i. Performing clinical tests on individuals to obtain input for an equation, In re Grams, 888 F.2d 835, 839-40; 12 USPQ2d 1824, 1827-28 (Fed. Cir. 1989);
Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation.
Claims 2-11, 13-17 and 19-20 depend on claims 1, 12 and 18 and therefore includes all of the limitations of claims 1, 12 and 18, which is directed an abstract idea as discussed above.
The dependent claims do not integrate the abstract idea into a practical application and do not add significantly more than the judicial exception.
Accordingly claims 1-20 are found to be directed to a patent ineligible abstract idea.
Allowable Subject Matter
There is no references to reject claims 7-9.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 4-6, 10-12, 14-18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heck et al (U.S. Pub No. 2012/0254810 A1), and in view of Schroeter et al (U.S. Pub No. 2010/0125182 A1), and further in view of Plakhov et al (U.S. Pub No. 2015/0006505).
As per claim 1, Heck discloses a method performed by a device, the method comprising:
determining physiological information associated with a person (Par [0020] identifying a gesture performed by a user);
detecting verbalization expressed by the person, the verbalization comprising a question; causing a search to be performed, by the search manager, the search being based on the question, the search being refined by the search manager using the physiological information (par [0019-0020]).
Heck discloses gesture but silence about passing, the physiological information and information associated with the verbalization.
However, Schroeter discloses passing, the physiological information and information associated with the verbalization (Par [0010-0014]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as disclosed in Schroeter into the teachings of Heck in order to improve user’s health (Par [0076]).
Heck disclose searching and update the retrieved context. Heck and Schroeter do not explicitly disclose providing results of the refined search responsive to the question.
However, Plakhov discloses providing results of the refined search responsive to the question (par [0031, 0042, 0072, 0090]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as disclosed in Plakhov into the teachings of Heck as modified by Schroeter in order to improve searching system (Par [0005]).
As per claim 4, Heck discloses the method of claim 1, wherein the physiological information relates to at least one of the following: a biological characteristic or condition of the person; or a physical orientation of the person (Par [0014, 0019]).
As per claim 5, Schroeter discloses the method of claim 4, wherein the biological characteristic or condition comprises at least one of the following: a body temperature of the person; a skin temperature of the person; a heart rate of the person; an indication of perspiration on the person; a hunger level of the person; a stress level of the person; or a hydration level of the person (Par [0003]).
As per claim 6, Plakhov discloses the method of claim 1, wherein the refining of the search comprises refining the search sufficient to provide the results of the refined search that vary in at least one of relevancy, quality, verbosity, temporal proximity, or geographic proximity (par [0031, 0042, 0072, 0090]).
As per claim 10, Heck discloses the method of claim 1, further comprising: recognizing an in-the-air gesture performed by the person using a radar-based recognition system of the device, wherein the causing the search to be performed comprises refining the search using the physiological information and a determined meaning of the in-the-air gesture that is relevant to the question (par [0016-0019]).
As per claim 11, Heck discloses the method of claim 10, wherein: the in-the-air gesture has multiple potential meanings; and the method further comprises determining the meaning of the in-the-air gesture based on a comparison of the multiple potential meanings associated with the in-the-air gesture in combination with the question (par [0016-0019]).
As per claim 12, Heck discloses a computing device comprising:
a search manager configured to (Par [0011-0012]):
cause the computing device to identify a verbalization expressed by a person, the verbalization comprising a question; perform a search based on the question search being refined (par [0019-0020]).
Heck discloses gesture but silence about physiological information associated with the person. However, Schroeter discloses using physiological information associated with the person(Par [0010-0014]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as disclosed in Schroeter into the teachings of Heck in order to improve user’s health (Par [0076]).
Heck disclose searching and update the retrieved context. Heck and Schroeter do not explicitly disclose providing results of the refined search responsive to the question.
However, Plakhov discloses providing results of the refined search responsive to the question (par [0031, 0042, 0072, 0090]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as disclosed in Plakhov into the teachings of Heck as modified by Schroeter in order to improve searching system (Par [0005]).
As per claim 14, Schroeter discloses the computing device of claim 12, wherein the physiological information comprises at least one of the following: an orientation of the person; a body temperature of the person; a skin temperature of the person; a heart rate of the person; an indication of perspiration on the person; a hunger level of the person; a stress level of the person; or a hydration level of the person (par [0003]).
As per claim 15. Plakhov discloses the computing device of claim 12, further comprising a display configured to present the results of the refined search (par [0031, 0042, 0072, 0090]).
As per claim 16, Schroeter discloses the computing device of claim 12, wherein the computing device comprises a portable wireless communication device being a smartphone or a wearable device (Par [0017]).
As per claim 17, Heck discloses the computing device of claim 12, wherein the person is a user of the computing device (Par [0013]).
As per claim 18, Heck discloses a computer-readable storage medium comprising instructions that, responsive to execution by a processor, cause a device to:
determine physiological information associated with a person (par [0020]);
detect verbalization expressed by the person, the verbalization comprising a question; perform a search based on the question search being refined (par [0019-0020]).
Heck discloses gesture but silence about physiological information associated with the person. However, Schroeter discloses using physiological information associated with the person(Par [0010-0014]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as disclosed in Schroeter into the teachings of Heck in order to improve user’s health (Par [0076]).
Heck disclose searching and update the retrieved context. Heck and Schroeter do not explicitly disclose providing results of the refined search responsive to the question.
However, Plakhov discloses providing results of the refined search responsive to the question (par [0031, 0042, 0072, 0090]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as disclosed in Plakhov into the teachings of Heck as modified by Schroeter in order to improve searching system (Par [0005]).
As per claim 20, Schroeter discloses the computer-readable storage medium of claim 18, wherein the physiological information comprises at least one of the following: an orientation of the person; a body temperature of the person; a skin temperature of the person; a heart rate of the person; an indication of perspiration on the person; a hunger level of the person; a stress level of the person; or a hydration level of the person (Par [0003]).
Claim(s) 2-3, 13, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Heck et al, Schroeter et al and Plakhov et al, and further in view of Chin et al (U.S. Pub No. 2014/0171749 A1).
As per claim 2, Schroeter discloses the method of claim 1, wherein the determining of the physiological information comprises determining the physiological information associated with the person (Par [0010-0013]).
Heck, Schroeter and Plakhov does not explicitly discloses via a radar-based recognition system of the device.
However, Chin discloses via a radar-based recognition system of the device (par [0103]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as disclosed in Chin into the teachings of Heck as modified by Schroeter and Plakhov in order to improve searching system.
As per claim 3, Schroeter discloses the method of claim 2, further comprising: providing, via the radar-based recognition system, a radar field that reflects off at least a portion of the person; and sensing, via the radar-based recognition system, the physiological information associated with the person based on reflections of the radar field (Par [0010-0013]).
Heck, Schroeter and Plakhov does not explicitly discloses via a radar-based recognition system of the device.
However, Chin discloses via a radar-based recognition system of the device (par [0103]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as disclosed in Chin into the teachings of Heck as modified by Schroeter and Plakhov in order to improve searching system.
As per claim 13, Schroeter discloses the computing device of claim 12, further comprising: a radar based-recognition system configured to determine the physiological information associated with the person (Par [0020]).
Heck discloses gesture detection but silence about a radar-based recognition. However, Chin discloses radar-based recognition system (Par [0010-0013]).
Heck, Schroeter and Plakhov does not explicitly discloses via a radar-based recognition system of the device.
However, Chin discloses via a radar-based recognition system of the device (par [0103]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as disclosed in Chin into the teachings of Heck as modified by Schroeter and Plakhov in order to improve searching system.
As per claim 19, Schroeter discloses the computer-readable storage medium of claim 18, wherein the computer-readable storage medium causes the device to determine physiological information associated with the person based on received reflections from a radar field that interacts with at least a portion of the person (Par [0010-0013]).
Heck, Schroeter and Plakhov does not explicitly discloses via a radar-based recognition system of the device.
However, Chin discloses via a radar-based recognition system of the device (par [0103]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as disclosed in Chin into the teachings of Heck as modified by Schroeter and Plakhov in order to improve searching system.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THU N NGUYEN whose telephone number is (571)270-1765. The examiner can normally be reached Monday to Friday from 9:30AM-6:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boris Gorney can be reached at 571-272-5626. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
February 26, 2026
/THU N NGUYEN/Examiner, Art Unit 2154