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 in the reply filed on 5/19/2026 is acknowledged. The traversal is on the ground(s) that the claims of group II are the same invention as group I, recast in method form. This is not found persuasive because the search and/or examination burden is not limited exclusively to a prior art search but also includes that effort required to apply the art by making and discussing all appropriate grounds of rejection. Multiple inventions, such as those in the present application, normally require additional reference material and further discussion for each additional invention examined. Concurrent examination of multiple inventions would thus typically involve a significant burden even if all searches were coextensive. However, in the present application, the prior art search would not be coextensive.
The requirement is still deemed proper and is therefore made FINAL.
Claims 55-65 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 5/19/2026.
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 33-35, 37-39, 41-42, 44-54 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than
an abstract idea. A streamlined analysis of claim 33 follows.
Regarding claim 33, the claim recites A system for hypertension screening and monitoring. Thus, the claim is directed to a machine/apparatus, which is one of the statutory
categories of invention. The claim is then analyzed to determine whether it is directed to any judicial exception. The following limitations set forth a judicial exception:
"processing the at least one PPG signal from the first pulsatility sensor to automatically generate a detection of a health condition of the user, the health condition comprising an identification of a hypertension risk; and in response to detecting the health condition, automatically generating and causing the user device to display a notification, wherein the notification comprises a recommendation for the user to use the second pulsatility sensor to obtain the at least one pulsatility signal and process the at least one pulsatility signal to determine at least one blood pressure value."
These limitations describe a mathematical calculation. Furthermore, the limitations also describe a mental process as the skilled artisan is capable of performing the recited limitations and making a mental assessment thereafter. Examiner also notes that nothing from the claims suggest that the limitations cannot be practically performed by a human, or using simple pen/paper.
Next, the claim as a whole is analyzed to determine whether any element, or combination of elements, integrates the identified judicial exception into a practical application. For this part of the 101 analysis, the following additional limitations are considered:
"A system for hypertension screening and monitoring comprising: a user device; a first pulsatility sensor configured to collect, from a user, at least one photoplethysmography (PPG) signal; and a second pulsatility sensor configured to collect, from the user, at least one pulsatility signal; and a processor electronically coupled to the user device and to the first and second pulsatility sensors…”
These additional limitations do not integrate the judicial exception into a practical
application. Rather, the additional limitations are each recited at a high level of generality such that it amounts to insignificant extra-solution activity, e.g., mere data gathering steps necessary to perform the identified judicial exception do not integrate the claims into a practical application. See MPEP 2106.05(g).
The additional limitations also do not add significantly more to the identified judicial exception because they are recited at a high level of generality. Moreover, Examiner takes official notice that "a pulsatility sensor configured to collect at least one PPG signal/one pulsatility signal" is widely- understood, routine, and conventional.
Dependent claims 34-35, 37-39, 41-42, 44-54 also fail to add something more to the abstract independent claims as they merely further limit the abstract idea, recite limitations that do not integrate the claims into a practical application for substantially similar reasons as set forth above, and/or do not recite significantly more than the identified abstract idea for substantially similar reasons as set forth above.
Therefore, claims 33-35, 37-39, 41-42, 44-54 are not patent eligible under 35 USC 101.
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) 33-35, 38-39, 41-42, 50-54 is/are rejected under 35 U.S.C. 102(a(1)) as being anticipated by Sola (US 20250235162)
Regarding claims 33-35, 38-39, 41-42, 50-54, Sola discloses:
33. A system for hypertension screening and monitoring (abstract, paragraph 0059) comprising:
a housing comprising:
a user device (10) (paragraph 0109);
a first pulsatility sensor (one of 21) configured to collect, from a user, at least one photoplethysmography (PPG) signal (paragraph 0120, 0123, 0132) and
a second pulsatility sensor (one of 21) configured to collect, from the user, at least one pulsatility signal (paragraph 0120, 0132); and
a processor (30) electronically coupled to the user device and to the first and second pulsatility sensors, the processor being programmed to perform operations comprising: processing the at least one PPG signal from the first pulsatility sensor to automatically generate a detection of a health condition of the user, the health condition comprising an identification of a hypertension risk (paragraph 0028, 0069, 0079, 0101, 0108, 0110); and in response to detecting the health condition, automatically generating and causing the user device to display a notification (0111), wherein the notification comprises a recommendation for the user to use the second pulsatility sensor to obtain the at least one pulsatility signal and process the at least one pulsatility signal to determine at least one blood pressure value (paragraph 0071, 0123-0132) (paragraph 0123-0137).
34. The system of claim 33, wherein the user device comprises at least one of a smartphone, a tablet, or a smartwatch (paragraph 0114).
35. The system of claim 33, wherein the first pulsatility sensor (one of 21) comprises a noninvasive optical sensor (paragraph 0119-0120, 0132).
38. The system of claim 33, wherein the second pulsatility sensor is of a same type as the first pulsatility sensor (paragraph 0119-0120).
39. The system of claim 33, wherein the second pulsatility sensor is of a different type than the first pulsatility sensor (paragraph 0119-0120).
41. The system of claim 33, wherein the second pulsatility sensor is comprised in a wearable device (paragraph 0119-0120).
42. The system of claim 33, wherein the second pulsatility sensor is comprised in a wristband (paragraph 0119-0120).
50. The system of claim 33, wherein the first pulsatility sensor is configured to detect the health condition of the user (paragraph 0028, 0069, 0079, 0101, 0108, 0110) and the second pulsatility sensor is configured to manage the health condition of the user (paragraph 0115).
51. The system of claim 33, wherein the health condition of the user is diagnosed based on the blood pressure value of the user (paragraph 0123-0137) (table 3).
52. The system of claim 33, wherein the first pulsatility sensor is one of a camera or a PPG sensor (paragraph 0132).
53. The system of claim 33, wherein the first pulsatility sensor comprises a video acquisition system (paragraph 0132).
54. The system of claim 33, wherein at least one of the first pulsatility sensor and the second pulsatility sensor is comprised in the user device (paragraph 0119-0120, 0132).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YASMEEN S WARSI whose telephone number is (571)272-9942. The examiner can normally be reached Monday-Friday 9 am to 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Valvis can be reached at 571-272-4233. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YASMEEN S WARSI/Examiner, Art Unit 3791
/MAY A ABOUELELA/Primary Examiner, Art Unit 3791
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