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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/30/2026 and 02/04/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 an abstract idea without significantly more.
STEP 1: claims 1 recites a series of steps or acts for predicting a fertile period, claims 10 and 19 recite an apparatus/system to predict a fertile period. Thus, the claims are directed to a product and a process, which are ones of the statutory categories of invention.
STEP 2A PRONG ONE: Claims 1, 10 and 19 recite(s) specific limitations/method steps of: obtaining physiological parameters of a user and menstruation data entered by the user; obtaining a time length for which the user has worn a wearable device; and if the time length for which the user has worn the wearable device is greater than or equal to a predetermined time length: determining, based on the physiological parameters of the user and the menstruation data entered by the user, whether a current time is within a fertile period; and if the current time is not within the fertile period: determining whether the current time has entered an initial window, wherein the initial window is predicted based on the menstruation data entered by the user, and a length of the initial window is greater than a predetermined first window length; and if the current time is within the initial window: reducing the length of the initial window to obtain a reduced window; and outputting the reduced window. These limitations recite a mental process, because the claimed limitation describes a concept performed in the human mind (including an observation, evaluation, judgment, opinion). For example, a caregiver can monitor the time window to determine fertility. Thus, the claims are drawn to a Mental Process, which is an Abstract Idea. Examiner also notes that nothing from the claims suggest that the limitations cannot be practically performed by a human, or using simple pen/paper.
STEP 2A PRONG TWO: Claims 1, 10 and 19 does not recite additional elements that integrates the judicial exception into a practical application. Claims 1, 10 and 19 recites the following additional elements beyond the judicial exception: A) wearable device, and claims 10 and 19 recites the following additional elements beyond the judicial exception: B) memory, and C) processor.
Accordingly, the combination of the additional element/step A and B does not integrate the exception into a practical application of the exception because the use of a wearable device and memory is merely adding insignificant extra-solution activity to the judicial exception, e.g. using those elements for mere data gathering (see MPEP 2106.05(g)).
Element C does not integrate the exception into a practical application of the exception because the use of a controller/processor amounts to merely using a computer as a tool to perform an abstract idea (see MPEP 2106.05(f)).
Accordingly, each of the additional elements or a combination of the additional elements do not integrate the abstract idea into a practical application as they fail to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limitation on the judicial exception.
STEP 2B: Claims 1, 10 and 19 does/do not include additional structural elements that are sufficient to amount to significantly more than the judicial exception because the claims recite additional elements, such as, A) wearable device, and claims 10 and 19 recites the following additional elements beyond the judicial exception: B) memory, and C) processor.
The combination of elements A and B of a wearable device and a memory does not amount to significantly more than the judicial exception because the use of a wearable device and a memory is merely adding insignificant extra-solution activity to the judicial exception, e.g. using those elements for mere data gathering (see MPEP 2106.05(g)). Furthermore, the elements A and B are well-understood, routine, and conventional, as is evidenced by Lafon et al (US 2020/0000441) and Liu et al (CN 113311942), which all show a wearable device having a memory and a processor as claimed in claims 1, 10 and 19 evidencing that these elements are well-understood, route, and conventional in the applanation arts.
Element C does not amount to significantly more than the judicial exception because adding a controller/processor is simply appending well-understood, routine and conventional activities previously known in the industry, specified at a high level of generality, to the judicial exception, e.g. a claim to an abstract idea requiring no more than a generic computer to perform generic computer functions that are well-understood, routine, and conventional activities previously known in the industry (see MPEP 2106.05(d)II).
Accordingly, the additional elements individual or in co do not integrate the abstract idea into a practical application as they fail to recite additional element(s) or a combination of additional elements to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limitation on the judicial exception.
When viewed alone or in combination, the limitations of claims 1-20 merely instruct the practitioner to implement the concept of collecting data with routine, conventional activity specified at a high level of generality in a particular technological environment. The inventive concept cannot be furnished by the abstract idea; instead, the application must provide something inventive, beyond mere “well-understood, routine, conventional activity” (Genetic Technologies Limited v. Merial L.L.C.). The additional elements of independent claims when viewed alone or as whole, do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea and does not amount to significantly more than the abstract idea itself. In other words, this claim merely applies an abstract idea to a computer and does not (i) improve the performance of the computer itself (as in McRO, Bascom and Enfish), or (ii) provide a technical solution to a problem in a technical field (as in DDR).
Therefore, claims 1-20 are not patent eligible under 35 USC 101.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAY A ABOUELELA whose telephone number is (571)270-7917. The examiner can normally be reached 8-5.
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, JACQUELINE CHENG can be reached at 5712725596. 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.
/MAY A ABOUELELA/Primary Examiner, Art Unit 3791
Prosecution Insights