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 .
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 non-statutory subject matter because the claimed invention is directed to: to an electronic device to generate a plurality of incoming signals based on a plurality of reflections back-scattered from a live target without significantly more.
Claim 1,
The claim(s) recite(s):
“a receiver configured to generate a plurality of incoming signals based on a plurality of reflections back-scattered from a live target;
processing circuitry coupled to the receiver, the processing circuitry configured to generate first biometric time-series data associated with the live target based on a first subset of incoming signals of the plurality of the incoming signals,
generate second biometric time-series data associated with the live target based on a second subset of incoming signals of the plurality of the incoming signals,
generate output biometric time-series data based on the first biometric time-series data and the second biometric time-series data”
Claim 10,
“a receiver configured to generate a plurality of incoming signals based on a plurality of reflections back-scattered from a live target;
processing circuitry coupled to the receiver, the processing circuitry configured to generate a plurality of subsets of incoming signals based on a distance range, azimuth range, elevation range, or Doppler dimensions range of the plurality of reflections,
generate a plurality of biometric time-series data associated with the live target based on the plurality of subsets of incoming signals,
generate output biometric time-series data based on the plurality of biometric time-series data”
Claim 14,
“One or more tangible, non-transitory, computer-readable media comprising instructions that, when executed by processing circuitry, cause the processing circuitry to:
receive a plurality of incoming signals indicative of a plurality of reflections back-scattered from a live target;
generate first biometric time-series data associated with the live target based on a first subset of incoming signals of the plurality of incoming signals;
generate second biometric time-series data associated with the live target based on a second subset of incoming signals of the plurality of incoming signals;
generate output biometric time-series data of the live target based on the first biometric time-series data and the second biometric time-series data”
This judicial exception is not integrated into a practical application because this judicial exception is not integrated into a practical application because there are concepts performed in the human mind (including an observation, evaluation, judgment, opinion). The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because of lack of structures and could be done mentally.
“The processing circuitry” “one or more tangible, non-transitory, computer-readable media” is recited at a high level of generality, i.e., as a generic processor performing a generic computer function of processing data. This generic processor limitation is no more than mere instructions to apply the exception using a generic computer component.
Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. This determining step, as drafted, is a process that under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components (one or more processors and computer storage memory)
That is, other than reciting "the processing circuitry", nothing in the claim element precludes the step from practically being performed in the human mind. Additionally, the mere nominal recitation of a generic processor does not take the claim limitation out of the mental processes grouping. Thus, the claim recites a mental process. The additional element in the claim amounts to no more than mere instructions to apply the exception using a generic computer component which cannot integrate a judicial exception into a practical application. The claim does not provide an inventive concept (significantly more than the abstract idea). The claim is ineligible.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional recited "receiver"; “ do not amount to “significantly more” since they are recited at a high level of generality and perform nothing more than well-understood, routine, and conventional activities previously known to the industry.
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 (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 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.
Claim(s) 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kabakov et al (Pub. No.: US 2013/0158406)
Regarding claim 1, Kabakov et al disclose an electronic device comprising:
a receiver configured to generate a plurality of incoming signals (return ultrasound echoes or ultrasound signals or reflected signals) based on a plurality of reflections back-scattered from a live target [see 0019-0020];
processing circuitry (processor) coupled to the receiver, the processing circuitry configured to generate first biometric time-series data (heartbeat, heart rate) associated with the live target based on a first subset of incoming signals of the plurality of the incoming signals (reflected signal from the heart of the fetus) [see 0020, 0031]
generate second (by repositioning transducer 24 from its initial position to a second position across the abdomen, see 0024) biometric time-series data (heartbeat, heart rate) associated with the live target based on a second subset of incoming signals of the plurality of the incoming signals (reflected signal from the heart of the fetus) [see 0019-0020, 0024, 0029-0031];
generate output biometric time-series data (heartbeat, heart rate) based on the first biometric time-series data (heartbeat, heart rate) and the second biometric time-series data (heartbeat, heart rate) [see 0019-0021, 0031] by disclosing a detected heart rate from a collection of zones [see 0031].
Kabakov et al disclose processor 32 generates control signals causing transducer to emit ultrasound beams and receive reflected ultrasound signals at each of the depth zones. In one example, processor 32 causes transducer 24 to emit and receive signals from the following overlapping 6 cm depth zones: 3-9 cm, 6-12 cm, 9-15 cm, 12-18 cm, 15-21 cm, 18-24 cm, 21-27 cm and 24-30 cm [see 0029] and measuring heart rate from a particular zone and a detected heart rate from a collection of zones [see 0031].
As disclosed herein, data acquired for the first zone represent a first subset of incoming signals consequently the heart rate acquired from the zone constitutes the first biometric time-series data (heartbeat, heart rate).
Regarding claim 2, Kabakov et al disclose wherein the first biometric time-series data (heartbeat, heart rate) and the second biometric time-series data (heartbeat, heart rate) are associated with a single live target (fig 1 shows a single fetus) [see fig 1].
Regarding claim 3, Kabakov et al disclose wherein the processing circuitry is configured to determine the first subset of incoming signals based on a first distance range [see 0025, 0029] azimuth range, elevation range, or Doppler dimension range of the plurality of reflections,
generate the first biometric time-series data (heartbeat. Heart rate) associated with the live target based on the first subset of incoming signals (reflected signals acquired at the first zone, emphasis added) [see 0031]
Regarding claim 4, Kabakov et al disclose wherein the processing circuitry is configured to determine the second subset of incoming signals based on a second distance range (by moving the transducer from zone 1 to zone 2, emphasis added) [see 0029-0031], azimuth range, elevation range, or Doppler dimension range of the plurality of reflections,
generate the second biometric time-series data associated with the live target based on the second subset of incoming signals [see 0031] by extracting heartbeat/heart rate form the reflected signals acquired at zone 2 (emphasis added).
Regarding claim 5, Kabakov et al disclose a transmitter configured to transmit a plurality of
transmitted signals toward the live target (fetus), the plurality of reflections being associated with the plurality of transmitted signals back-scattered from the live target [see 0019-0020] by disclosing each transducer including an emitter and receiver. Each transducer 24 is configured to be mounted to or supported adjacent the abdomen 38 proximate womb 40 containing an unborn child 42 [see 0019].
Regarding claim 6, Kabakov et al disclose wherein the receiver is coupled (because they are both embedded within transducer 24) to the transmitter, the receiver configured to receive an instance of the plurality of transmitted signals [see 0019-0020]
generate the plurality of incoming signals based on the instance of the plurality of transmitted
signals and the plurality of reflections [see 0019-0020, 0031].
Regarding claim 7, Kabakov et al disclose wherein the processing circuitry is configured to
determine a first set (by performing envelope detection for the first set of signals acquired at the first zone, emphasis added) of differential phases based on the first subset of incoming signals [see 0058] by having the signals undergo envelope detection by envelope detector 1 [see 0058]
generate the first biometric time-series data based on the first set of differential phases,
determine a second set of (by performing envelope detection for the second set of signals acquired at the second zone, emphasis added) differential phases based on the second subset of incoming signals, and generate the second biometric time-series data based on the second set of differential phases [see 0058].
Kabakov et al disclose processor 32 generates control signals causing transducer to emit ultrasound beams and receive reflected ultrasound signals at each of the depth zones. In one example, processor 32 causes transducer 24 to emit and receive signals from the following overlapping 6 cm depth zones: 3-9 cm, 6-12 cm, 9-15 cm, 12-18 cm, 15-21 cm, 18-24 cm, 21-27 cm and 24-30 cm [see 0029] and measuring heart rate from a particular zone and a detected heart rate from a collection of zones [see 0031].
As disclosed herein, data acquired for the first zone represent a first subset of incoming signals consequently the heart rate acquired from the zone constitutes the first biometric time-series data (heartbeat, heart rate).
Regarding claim 8, Kabakov et al disclose generate the output biometric time-series data based on a mean, a median, or an average of the first biometric time-series data and the second biometric time-series data [see 0041, 0049, 0122].
Regarding claim 9, Kabakov et al disclose wherein the output biometric time-series data (reflected signal from the heart of the fetus) is indicative of a breath rate or a heart rate of the live target [see 0019-0020, 0031].
Regarding claim 10, Kabakov et al disclose an electronic device comprising:
a receiver configured to generate a plurality of incoming signals (reflected signal from the heart of the fetus) based on a plurality of reflections back-scattered from a live target [see 0019-0020, 0031];
processing circuitry (processor 32) coupled to the receiver (receiver within transducer 24, see 0019), the processing circuitry configured to generate a plurality of subsets of incoming signals based on a distance range [see 0025, 0029], azimuth range, elevation range, or Doppler dimensions range of the plurality of reflections,
generate a plurality of biometric time-series data (heartbeat, heart rate) associated with the live target (fetus 42) based on the plurality of subsets of incoming signals (reflected signal from the heart of the fetus) [see 0019-0020, 0024, 0029-0031, fig 2];
generate output biometric time-series data (heartbeat, heart rate) based on the plurality of biometric time-series data (heartbeat, heart rate) [see 0019-0021, 0031].
Kabakov et al disclose processor 32 generates control signals causing transducer to emit ultrasound beams and receive reflected ultrasound signals at each of the depth zones. In one example, processor 32 causes transducer 24 to emit and receive signals from the following overlapping 6 cm depth zones: 3-9 cm, 6-12 cm, 9-15 cm, 12-18 cm, 15-21 cm, 18-24 cm, 21-27 cm and 24-30 cm [see 0029] and measuring heart rate from a particular zone and a detected heart rate from a collection of zones [see 0031].
As disclosed herein, data acquired for the first zone represent a first subset of incoming signals consequently the heart rate acquired from the zone constitutes the first biometric time-series data (heartbeat, heart rate).
Regarding claim 11, Kabakov et al disclose receive an instance of a plurality of transmitted signals being transmitted toward the live target, and generate the plurality of incoming signals (reflected signal from the heart of the fetus) based on the plurality of transmitted signals and the plurality of reflections [see 0019-0020, 0031].
Regarding claim 12, Kabakov et al disclose generate a plurality of sets of differential phases (by performing envelope detection for different zones thus different sets of signals acquired at the different zones, emphasis added) based on the plurality of subsets of incoming signals, [see 0058];
generate the plurality of biometric time-series data based on the plurality of sets of differential
phases [see 0058].
Kabakov et al disclose processor 32 generates control signals causing transducer to emit ultrasound beams and receive reflected ultrasound signals at each of the depth zones. In one example, processor 32 causes transducer 24 to emit and receive signals from the following overlapping 6 cm depth zones: 3-9 cm, 6-12 cm, 9-15 cm, 12-18 cm, 15-21 cm, 18-24 cm, 21-27 cm and 24-30 cm [see 0029] and measuring heart rate from a particular zone and a detected heart rate from a collection of zones [see 0031].
As disclosed herein, data acquired for the first zone represent a first subset of incoming signals consequently the heart rate acquired from the zone constitutes the first biometric time-series data (heartbeat, heart rate).
Regarding claim 13, Kabakov et al disclose generate a breath rate or a heart rate of the live target based on the output biometric time-series data [see 0019-0020, 0031].
Regarding claim 14, Kabakov et al disclose one or more tangible, non-transitory, computer-readable media comprising instructions that [see 0023-0024, claim 17], when executed by processing circuitry, cause the processing circuitry to:
receive a plurality of incoming signals (reflected signal from the heart of the fetus) indicative of a plurality of reflections back-scattered from a live target [see 0019-0020, 0031];
generate first biometric time-series data (heartbeat, heart rate) associated with the live target based on a first subset of incoming signals of the plurality of incoming signals (reflected signal from the heart of the fetus)
generate second biometric time-series data (heartbeat, heart rate) associated with the live target based on a second subset of incoming signals of the plurality of incoming signals (reflected signal from the heart of the fetus)
generate output biometric time-series data (heartbeat, heart rate) of the live target based on the first biometric time-series data (heartbeat, heart rate) and the second biometric time-series data (heartbeat, heart rate) [see 0019-0020, 0024, 0029-0031, fig 2].
Kabakov et al disclose processor 32 generates control signals causing transducer to emit ultrasound beams and receive reflected ultrasound signals at each of the depth zones. In one example, processor 32 causes transducer 24 to emit and receive signals from the following overlapping 6 cm depth zones: 3-9 cm, 6-12 cm, 9-15 cm, 12-18 cm, 15-21 cm, 18-24 cm, 21-27 cm and 24-30 cm [see 0029] and measuring heart rate from a particular zone and a detected heart rate from a collection of zones [see 0031].
As disclosed herein, data acquired for the first zone represent a first subset of incoming signals consequently the heart rate acquired from the zone constitutes the first biometric time-series data (heartbeat, heart rate).
Regarding claim 15, Kabakov et al disclose one or more tangible, non-transitory, computer-readable media of claim 14, wherein the plurality of incoming signals (reflected signal from the heart of the fetus) are indicative of the plurality of reflections back-scattered from a single (a single fetus) live target [see 0019-0020, 0031 and fig 2].
Regarding claim 16, Kabakov et al disclose wherein the instructions, when executed by the processing circuitry, cause the processing circuitry to:
determine the first subset of incoming signals (reflected signal from the heart of the fetus) based on a first distance range [see 0025, 0029], azimuth range, elevation range or Doppler dimensions range of the plurality of reflections [see 0031]
determine the second subset of incoming signals (reflected signal from the heart of the fetus) based on a second distance range [see 0025, 0029], azimuth range, elevation range Doppler dimensions range of the plurality of reflections [see 0031].
Kabakov et al disclose processor 32 generates control signals causing transducer to emit ultrasound beams and receive reflected ultrasound signals at each of the depth zones. In one example, processor 32 causes transducer 24 to emit and receive signals from the following overlapping 6 cm depth zones: 3-9 cm, 6-12 cm, 9-15 cm, 12-18 cm, 15-21 cm, 18-24 cm, 21-27 cm and 24-30 cm [see 0029] and measuring heart rate from a particular zone and a detected heart rate from a collection of zones [see 0031].
As disclosed herein, data acquired for the first zone represent a first subset of incoming signals consequently the heart rate acquired from the zone constitutes the first biometric time-series data (heartbeat, heart rate).
Regarding claim 17, Kabakov et al disclose wherein the plurality of incoming signals (reflected signal from the heart of the fetus) are based on a combination of the plurality of reflections (reflected signal from the heart of the fetus) and an instance of a plurality of transmitted signals transmitted toward the live target [see 0019-0020, 0031] by disclosing generate ultrasonic waves or ultrasound beams directed towards the unborn child or fetus 42, wherein the waves or beams are reflected from fetus 42 and bounced back to transducer 24 [see 0020].
Regarding claim 18, Kabakov et al disclose wherein the instructions, when executed by the processing circuitry, cause the processing circuitry to:
determine a first set of differential phases (by performing envelope detection for different zones thus different sets of signals acquired at the different zones, emphasis added) based on the first subset of incoming signals [see 0031, 0058].
generate the first biometric time-series data (heartbeat, heart rate) based on the first set of differential phases [see 0058].
Regarding claim 19, Kabakov et al disclose wherein the instructions, when executed by the processing circuitry, cause the processing circuitry to:
determine a second set of differential phases (by performing envelope detection for different zones thus different sets of signals acquired at the different zones, emphasis added) based on the second subset of incoming signals [see 0031, 0058];
generate the second biometric time-series data (heartbeat, heart rate) based on the second set of differential phases [see 0058].
Regarding claim 20, Kabakov et al disclose wherein the instructions, when executed by the processing circuitry, cause the processing circuitry to
generate the output biometric time-series data (heartbeat, heart rate) based on a mean, a median, or an average [see 0041, 0049, 0122] of the first biometric time-series data (heartbeat, heart rate) and the second biometric time-series data (heartbeat, heart rate) [see 0019-0021, 0031, 0041, 0049, 0122].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL F BRUTUS whose telephone number is (571)270-3847. The examiner can normally be reached Mon-Sat, 11:00 AM to 7:00 PM.
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/JOEL F BRUTUS/Primary Examiner, Art Unit 3797
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