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 .
Election/Restrictions
Applicant's election with traverse of group I with claims 1-5 in the reply filed on 5/14/2026 is acknowledged. The traversal is on the ground(s) that “…both Groups are classified in A61B5/0015. Thus, there would be no undue burden on the Examiner to examine both groups of claims…”. This is not found persuasive because regardless of a common classification the claims do not overlap in scope and there is no indication that the claims are drawn to the same device operating with the same functions.
The requirement is still deemed proper and is therefore made FINAL.
Claim 6-9 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 5/14/2026.
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 1-5 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) mostly data processing using generic components. This judicial exception is not integrated into a practical application because the generically recited computer elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer including data processing and outputting. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claimed invention is directed to generic additional limitations such as conventional communication, display units and processor which only process data (i.e. times, values, encrypted data) and process these data for generic functions, all of which are well-understood, routine, conventional computer functions as recognized by the court decisions listed in MPEP § 2106.05(d) without significantly more.
Analysis for 101:
1. A measurement device (generic computer components) comprising:
a near-field wireless communication unit; (generic well-known computer component)
a display unit; and (generic well-known computer component used for displaying)
a processor, wherein the processor performs, when a first operation is detected (processing data with evaluation), first control of transmitting first information including a first time from the near-field wireless communication unit; (data processing and transmitting)
performs second control of displaying the first time on the display unit and changing the first time displayed on the display unit over time; and (data processing and displaying/outputting)
shifts, when a second operation is detected during a period from when the first time is displayed on the display unit to when the time displayed on the display unit reaches a predetermined value (data processing to control communication functions), to a pairing mode configured to execute processing of sharing (data transfer), with an information terminal, encryption information for performing encrypted communication by near-field wireless communication. (data processing – transferring)
Claims 2-5 encompasses data processing – transfer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS E GARCIA whose telephone number is (571)270-1354. The examiner can normally be reached M-Th 9-6pm F 9-5pm.
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CARLOS E. GARCIA
Primary Examiner
Art Unit 2686
/Carlos Garcia/Primary Examiner, Art Unit 2686 6/15/2026
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