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 .
Foreign Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-7 and 19 are drawn to a method, claims 8-13, 18, and 20 are drawn to a method, and claims 14--17 are drawn to a device, each of which is within the four statutory categories. Claims 1-20 are further directed to an abstract idea on the grounds set out in detail below. As discussed below, the claims do not include additional elements that are sufficient to amount to significantly more than the abstract idea because the additional computer elements, which are recited at a high level of generality, provide conventional computer functions that do not add meaningful limits to practicing the abstract idea (Step 1: YES).
Step 2A:
Prong One:
Claim 1 recites an information processing method, comprising:
1) obtaining health data of a user;
2) receiving time information sent by a) an electronic device in a case that a preset condition is met; and
3) sending first information to the electronic device based on the time information, wherein
2a) the preset condition comprises at least one of the following: a data volume of the obtained health data being greater than or equal to a preset value, or a first instruction being obtained, wherein the first instruction is used for instructing to stop obtaining the health data; and
2b) in a case that the preset condition is a data volume of the obtained health data being greater than or equal to a preset value, the first information comprises: storage position information of health data within a first time range and a data identifier of the health data, wherein the first time range is a time range corresponding to the time information; or
2c) in a case that the preset condition is a first instruction being obtained, the first information comprises: the storage position information, the data identifier, a first moment, and a second moment, wherein the first moment is a moment at which the health data starts to be obtained, and the second moment is a moment at which the health data stops being obtained.
Claim 1 recites, in part, performing the steps of 1) obtaining health data of a user, 2) receiving time information in a case that a preset condition is met, and 3) sending first information based on the time information, wherein 2a) the preset condition comprises at least one of the following: a data volume of the obtained health data being greater than or equal to a preset value, or a first instruction being obtained, wherein the first instruction is used for instructing to stop obtaining the health data; and 2b) in a case that the preset condition is a data volume of the obtained health data being greater than or equal to a preset value, the first information comprises: storage position information of health data within a first time range and a data identifier of the health data, wherein the first time range is a time range corresponding to the time information; or 2c) in a case that the preset condition is a first instruction being obtained, the first information comprises: the storage position information, the data identifier, a first moment, and a second moment, wherein the first moment is a moment at which the health data starts to be obtained, and the second moment is a moment at which the health data stops being obtained. These steps correspond to Certain Methods of Organizing Human Activity, more particularly, managing personal behavior or relationships or interactions between people (including following rules or instructions). For example, the claim describes how one could manage files manually under conditions which could be determined by people. Independent claim 14 recites similar limitations and is also directed to an abstract idea under the same analysis.
Claim 8 recites an information processing method, comprising:
4) sending time information to b) a wearable device, wherein the time information is time range information used for obtaining health data of a user;
5) receiving first information sent by the wearable device based on the time information; and
6) performing a data processing operation based on the first information, wherein
6a) the first information comprises: storage position information of health data within a first time range and a data identifier of the health data, wherein the first time range is a time range corresponding to the time information; or
6b) the first information comprises: the storage position information, the data identifier, a first moment, and a second moment, wherein the first moment is a moment at which the health data starts to be obtained, and the second moment is a moment at which the health data stops being obtained.
Claim 8 recites, in part, performing the steps of 4) sending time information, wherein the time information is time range information used for obtaining health data of a user, 5) receiving first information based on the time information and 6) performing a data processing operation based on the first information, wherein 6a) the first information comprises: storage position information of health data within a first time range and a data identifier of the health data, wherein the first time range is a time range corresponding to the time information; or 6b) the first information comprises: the storage position information, the data identifier, a first moment, and a second moment, wherein the first moment is a moment at which the health data starts to be obtained, and the second moment is a moment at which the health data stops being obtained. These steps correspond to Certain Methods of Organizing Human Activity, more particularly, managing personal behavior or relationships or interactions between people (including following rules or instructions). For example, the claim describes how one could manage files manually under conditions which could be determined by people.
Depending claims 2-7, 9-13, and 15-20 include all of the limitations of claims 1, 8, and 14, and therefore likewise incorporate the above described abstract idea. Depending claims 3 and 16 add the additional steps of “restoring the obtained health data based on the first health data and the difference”, “determining the health data within the first time range based on the restored health data”, and “writing the difference corresponding to the health data within the first time range and the first health data into a synchronization file, wherein different synchronization files correspond to different storage position information”; claim 5 adds the additional step of “wherein in a case that the preset condition is a data volume of the obtained health data being greater than or equal to a preset value, after the sending first information to the electronic device based on the time information, the method further comprises: recalculating a data volume of health data that continues to be obtained, and returning to the receiving time information sent by an electronic device in a case that a preset condition is met”; claim 6 adds the additional step of “in a case that the preset condition is a first instruction being obtained, and the first instruction is an instruction triggered before the target event ends, after the sending first information to the electronic device based on the time information, the method further comprises: recalculating a data volume of health data that continues to be obtained, and returning to the receiving time information sent by an electronic device in a case that a preset condition is met”; claim 7 adds the additional steps of “wherein in a case that the preset condition is a first instruction being obtained, after the sending first information to the electronic device based on the time information, the method further comprises: obtaining a time difference between a fifth moment and the second moment” and “sending the fifth moment to the electronic device in a case that the time difference is greater than a retransmission threshold, wherein the fifth moment is an actual moment at which a target event corresponding to the health data ends, and the second moment is a reference moment at which the target event ends”; and claim 17 adds the additional step of “wherein when determining the health data within the first time range based on the restored health data, the program or the instructions, when executed by the processor, cause the wearable device to perform: obtaining the restored health data within a target time range as the health data within the first time range, wherein the target time range comprises: a start moment of the first time range to an end moment of the first time range; or a start moment of the first time range to a moment at which a last item is obtained, the last item is a last item of the obtained health data, and the moment at which a last item is obtained is earlier than the end moment of the first time range”. Additionally, the limitations of depending claims 2, 4, 9-13, 15, and 18-20 further specify elements from the claims from which they depend on without adding any additional steps. These additional limitations only further serve to limit the abstract idea. Thus, depending claims 2-7, 9-13, and 15-20 are nonetheless directed towards fundamentally the same abstract idea as independent claims 1, 8, and 14 (Step 2A (Prong One): YES).
Prong Two:
This judicial exception is not integrated into a practical application. In particular, the claims recite the additional elements of – using a) an electronic device, comprising a processor, a memory, and a program or instructions stored on the memory and executable by the processor, wherein the program or the instructions, when executed by the processor, cause the wearable to perform functions (from claims 1 and 18) and b) a wearable device, comprising a processor, a memory, and a program or instructions stored on the memory and executable by the processor, wherein the program or the instructions, when executed by the processor, cause the wearable to perform functions (from claims 8 and 14) to perform the claimed steps.
The a) electronic device in these steps are recited at a high-level of generality (i.e., as generic components performing generic computer functions such as determining data from a set of data) such that it amounts to no more than mere instructions to apply the exception using a generic computer component (see: Applicant’s specification, paragraphs [0256] where there are generic components, see MPEP 2106.05(f)).
Furthermore, the b) wearable device in these steps adds insignificant extra-solution activity to the abstract idea which amounts to mere data gathering, see MPEP 2106.05(g).
Dependent claims recite additional subject matter which amount to limitations consistent with the additional elements in the independent claims. 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 and do not impose a meaningful limit to integrate the abstract idea into a practical application.
Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea (Step 2A (Prong Two): NO).
Step 2B:
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 using a) an electronic device and b) a wearable device to perform the claimed steps amounts to no more than insignificant extra-solution activity in the form of WURC activity (well-understood, routine, and conventional activity), a general linking to a particular technological field, or mere instructions to apply the exception using a generic computer component that does not offer “significantly more” than the abstract idea itself because the claims do not recite an improvement to another technology or technical field, an improvement to the functioning of any computer itself, or provide meaningful limitations beyond generally linking an abstract idea to a particular technological environment. It should be noted that the claims do not include additional elements that amount to significantly more than the judicial exception because the Specification recites mere generic computer components, as discussed above that are being used to apply certain method steps of organizing human activity. Specifically, MPEP 2106.05(d) and MPEP 2106.05(f) recite that the following limitations are not significantly more:
Simply appending well-understood, routine, conventional activities previously known to 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 to the industry, as discussed in Alice Corp., 573 U.S. at 225, 110 USPQ2d at 1984 (see MPEP § 2106.05(d)); and
Adding the words "apply it" (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, e.g., a limitation indicating that a particular function such as creating and maintaining electronic records is performed by a computer, as discussed in Alice Corp., 134 S. Ct. at 2360, 110 USPQ2d at 1984 (see MPEP § 2106.05(f)).
The current invention manages information utilizing a) an electronic device, thus this computing device is adding the words “apply it” with mere instructions to implement the abstract idea on a computer.
Furthermore, the b) wearable device in these steps add insignificant extra-solution activity/pre-solution activity in the form of WURC activity to the abstract idea. The following is an example of a court decision demonstrating computer functions as well-understood, routine and conventional activities, e.g. see MPEP 2106.05(d)(II): Receiving or transmitting data over a network, e.g. see Intellectual Ventures v. Symantec – similarly, the current invention receives heath data from a wearable, and transmits first information data to an electronic device over a network, for example the Internet.
Mere instructions to apply an exception using generic computer components or insignificant extra-solution activity in the form of WURC activity cannot provide an inventive concept. The claims are not patent eligible (Step 2B: NO).
Claims 1-20 are therefore rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Art Rejections
Claims 1-20 were not given art rejections in view of Examiner not finding a reasonable combination of references which could be combined to reject these claims.
Relevant References
Though claims 1-20 were not given art rejections, Examiner would like to cite the following references as relevant references: U.S. 2017/0091041 to Liu, U.S. 10,524,735 to Waydo et al., and U.S. 2016/0321715 to Xu et al.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steven G.S. Sanghera whose telephone number is (571)272-6873. The examiner can normally be reached M-F 7:30-5:00 (alternating Fri).
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/STEVEN G.S. SANGHERA/Primary Examiner, Art Unit 3684
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