In Ex parte Alder (Appeal No. 2017-4809) (PTAB 2019), the PTAB recently found the claimed “snoring detection device” ineligble as directed to the abstract idea of “detecting snoring.”
1. A snoring detection device comprising:
a sensor configured to detect sounds during a breathing cycle; and
a processor configured to:  detect a noise level during an inspiration phase of the breathing cycle with said sensor;  detect a noise level during an expiration phase of the breathing cycle with said sensor;  determine an occurrence of a snore based on a difference in the noise levels detected during inspiration and expiration, the difference comprising a subtraction of the noise level during expiration from the noise level during inspiration.
Alder. This case followed the other recent PTAB decisions regarding the 2019 Eligibility Guidelines. In particular, the decision recites elements of the guidelines but then makes no real effort to actually apply the guidelines to the case-at-hand. Rather, the decision follows the usual approach of drawing analogy to the various appellate and Supreme Court cases to find the closest thread.
[Updated to correct typo in name – Alder not Adler]