DETAILED ACTION
Status of Claims
This communication is in response to the amendment filed 01/30/2026.
Claims 1-2, 8-11, 13, 15 and 19-20 have been amended.
Claims 3-7, 12 and 21 have been cancelled.
Claims 1-2, 8-11 and 13-20 are currently pending and have been examined.
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 1-2, 8-11 and 13-20 are rejected under 35 U.S.C. §101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1:
Claims 1-2, 8-11 and 13-19 are directed to a system (i.e., a machine). Claim 20 is directed to a non-transitory computer readable medium (i.e., a manufacture) category. Accordingly, claims 1-2, 8-11 and 13-20 are all within at least one of the four statutory categories.
Step 2A - Prong One:
An “abstract idea” judicial exception is subject matter that falls within at least one of the following groupings: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
Representative independent claim 1 includes limitations that recite an abstract idea.
A complete nutritious food product-providing system comprising:
a food information display operatively connected via a network to a terminal device of each of a plurality of users,
wherein the food information display comprises a processor, and a program stored on a storage device, and
wherein the food information display is configured to execute the program to:
acquire information on user attributes of the plurality of users from the terminal device of each user, the user attributes including information on gender, age, and physical activity level;
determine a plurality of categories including categories of gender, categories of age, and categories of physical activity that are present among the plurality of users;
store, in an information database, the information about the plurality of categories to which the plurality of users belong;
store, in a Dietary Reference Intake (DRI) database, an estimated energy requirement (EER) for each of the plurality of categories and a DRI for first and second nutrients for each of the plurality of categories, wherein the first nutrient is vitamins and/or minerals, and the second nutrient is protein, lipid, and/or carbohydrate, and wherein the DRI for each category includes a recommended dietary allowance (RDA), tentative dietary goal for preventing life-style related diseases (DG), adequate intake (AI), and a tolerable upper intake level (UL);
determine an intake standard for a standard food that satisfies the DRI of each of the plurality of users by:
determining a lowest EER among the plurality of categories as a standard energy amount for the standard food, and
calculating an upper limit and a lower limit for each of the first nutrient and the second nutrient in the standard food, so that the standard food can satisfy the intake standard for the first nutrient and the second nutrient of each of the plurality of users;
select a menu, for cooking a complete nutritious food product, that satisfies the intake standard of each of the plurality of users for the first nutrient and the second nutrient in the standard food; and
acquire information about a cooking procedure and ingredients necessary for cooking the complete nutritious food product,
wherein the complete nutritious food product is prepared by adjusting the amount of the standard food according to a ratio of the EER of each user to the energy amount of the standard food, such that an energy amount of the complete nutritious food product corresponds to the EER of each user, and such that the intake standard for the first nutrient and the second nutrient is satisfied for each of the plurality of users,
wherein the upper limit of the first nutrient in the standard food is set as a smallest normalized nutrient amount among the plurality of categories, and
wherein a normalized nutrient amount is calculated for each of the plurality of categories
normalized nutrient amount = UL of first nutrient x (the standard energy amount the EER in each category).
The Examiner submits that the foregoing underlined limitations constitute: (a) “certain methods of organizing human activity” because organizing intake standards for food according to dietary or nutritional worth and attributes, including information on gender, age, and physical activity level as the attributes, providing selections of cooking nutritious foods with vitamins, minerals, proteins, lipids and carbohydrates are ways of providing services of a Dietician, adjusting the amount of the standard food which are managing human behavior/interactions between people. Furthermore, the foregoing underlined limitations constitute (b) “mathematical concepts” because calculating the intake standard for the nutritional worth in a standard food, forming the complete nutritious food product, calculating a normalized nutrient amount formula, estimating energy requirement (EER) as a standard food, calculating an upper limit and a lower limit for each of the first nutrient and the second nutrient in the standard food, adjusting the amount of the standard food according to a ratio of the EER of each user to the energy amount of the standard food, the upper limit of the first nutrient in the standard food is set as a smallest normalized nutrient amount among the plurality of categories and calculating normalized nutrient amount = UL of first nutrient x (the standard energy amount the EER in each category) are mathematical concepts and calculations.
Accordingly, the claim describes at least one abstract idea.
Dependent claims 2, 13-14 and 17-18 merely recite specific kinds of information, as accordingly:
Claim 2 - the range of the intake standard for the first nutrient in the standard food is narrower than the range of the DRI for the first nutrient in the complete nutritious food product, claim 3 - the first nutrient is vitamins and/or minerals; claim 4 - the second nutrient is protein, lipid, and/or carbohydrate; claim 13 – the vitamins include one or more of vitamin A, vitamin D, vitamin E, vitamin K, vitamin Bi, vitamin Bo, niacin, vitamin Bo, vitamin B12, folic acid, pantothenic acid, biotin, and vitamin C, and the minerals include one or more of sodium, potassium, calcium, magnesium, phosphorus, iron, zinc, copper, manganese, iodine, selenium, chromium, and molybdenum; claim 14 – the DRIs of the complete nutritious food product are any of the "Dietary Reference Intakes (DRIs) for Japanese" published by the Ministry of Health, Labour and Welfare of Japan, the "Dietary Reference Intakes (DRIs)" in the US, and the "Dietary Reference Intakes for Chinese" in China; claim 17 – the complete nutritious food product is composed of any one selected from the group consisting of breakfast, lunch, and supper or a combination of two or three of these and claim 18 – to process the complete nutritious food product, a cooked food product, or a dish cooked based on a specific menu.
Claims 8-11 and 15-16 merely recite determining steps, as accordingly:
Claim 8 - a maximum value of the AI or the RDA of the first nutrient in each category of the DRIs is set as the lower limit of the first nutrient intake in the standard food; claim 9 - a (DG) of protein in the category with the lowest EER among the categories of the DRI’s to which the users belong is set as the upper limit of protein intake in the standard food, and the RDA with the largest value among the categories to which the users belong is set as the lower limit of protein intake in the standard food that is provided to the users; claim 10 - the upper limit of the DG of lipid in the category of standard energy amount with the lowest EER among the categories of the DRIs to which the users belong is set as the upper limit of lipid intake in the standard food, and the lower limit of the DG of lipid for the users belonging to the category of the standard energy amount is set as the lower limit of lipid intake in the standard food; claim 11 - the upper limit of the DG of carbohydrate in the category of standard energy amount with the lowest EER among the categories of the DRIs to which the users belong is set as the upper limit of carbohydrate intake in the standard food, and the lower limit of the DG of carbohydrate for the users belonging to the category of the standard energy amount is set as the lower limit of carbohydrate intake in the standard food; claim 15 – selecting the menu based on the energy amount of the standard food, the upper or lower limit of first nutrient intake, and the upper or lower limit of second nutrient intake; and claim 16 - complete nutritious food product nutritionally calculated by the complete nutritious food product-providing system.
Step 2A - Prong Two:
Regarding Prong Two of Step 2A, it must be determined whether the claim as a whole integrates the abstract idea into a practical application. As noted, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”
The limitations of claims 1, 19 and 20, as drafted is a process that, under its broadest reasonable interpretation, covers performance of the limitations in the mind but for the recitation of generic computer components. That is, other than reciting a complete nutritious food product-providing system, a food information display operatively connected via a network to a terminal device, a processor, a program stored on a storage device, an information database, a nutrition calculation device and non-transitory computer-readable storage medium having a nutrition calculation program to perform the limitations, nothing in the claim elements precludes the steps from practically being performed by humans. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation within a health care environment performed by humans but for the recitation of generic computer components, then it falls within the “certain methods of organizing human activity” and “mathematical concepts” grouping of abstract ideas. Accordingly, the claims recite an abstract idea.
The judicial exception is not integrated into a practical application. In particular, the complete nutritious food product-providing system, food information display operatively connected via a network to a terminal device, processor, program stored on a storage device, information database, nutrition calculation device and non-transitory computer-readable storage medium having a nutrition calculation program are recited at high levels of generality (i.e., as generic computer components performing generic computer functions of receiving data/inputs, determining and providing data) such that it amounts no more than mere instructions to apply the exception using the generic computer components.
Thus, taken alone, the additional elements do not amount to significantly more than the above identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvements in the functioning of a computer or an improvement to another technology or technical field, apply or us the above-noted implement/use to above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception (see MPEP §2106.05). Their collective functions merely provide conventional computer implementation.
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 the integration of the abstract idea into practical application, the additional elements amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using generic computer component provide an inventive concept. The claims are not patent eligible.
Step 2B:
Regarding Step 2B, in representative independent claim 1, regarding the additional limitations of the complete nutritious food product-providing system, food information display operatively connected via a network to a terminal device, processor, program stored on a storage device, information database, nutrition calculation device and non-transitory computer-readable storage medium having a nutrition calculation program, the Examiner submits that these limitations amount to merely using a computer to perform the at least one abstract idea (see MPEP § 2106.05(f)).
Therefore, claims 1-2, 8-11 and 13-20 are ineligible under 35 USC §101.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 8-9, 11, 13 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Grimmer (US 2018/0144820 A1) in view of Mainardi (WO 2018/099838 A1).
Claim 1:
Grimmer discloses A complete nutritious food product-providing system comprising:
a food information display operatively connected via a network to a terminal device of each of a plurality of users (See webpage of user’s diet profiles, over a network connection shown in Fig. 1, Fig. 9, mentioned in P0039, P0065.).
wherein the food information display comprises a processor, and a program stored on a storage device (See program instructions, database, memory, processor in Abstract, P0011, user devices such as mobile devices, phones, tablets in P0065 and display suggested meals in P0210.), and
wherein the food information display is configured to execute the program to:
acquire information on user attributes of the plurality of users from the terminal device of each user (See Fig. 1 user devices 101 to receive information back from the web server interface 104 mentioned in P0065, and Fig. 15, P0187 acquiring information on user attributes such as preferences, dietary patterns and metabolic adaptability.), the user attributes including information on gender, age, and physical activity level (See user profile (P0073-P0076, P0084) include customized caloric recommendation according to the user’s age, gender and activity level in P0012-P0013 and [P0207] the caloric recommendation classifier uses features of the user, e.g., one or more of gender, age, height, weight, waist circumference, and activity levels.);
determine a plurality of categories including categories of gender, categories of age, and categories of physical activity that are present among the plurality of users (Taught in P0013, P0207 and P0213.);
store, in an information database, the information about the plurality of categories to which the plurality of users belong (See webpage of user’s diet profiles, over a network connection shown in Fig. 1, Fig. 9, mentioned in P0039, P0065. See P0066 a user health database 105, a meal and recipe database 106. Also, see user profile for each user in P0073-P0083.),
calculating an upper limit and a lower limit for each of the first nutrient and the second nutrient in the standard food, so that the standard food can satisfy the intake standard for the first nutrient and the second nutrient of each of the plurality of users (See Fig. 2C, P0105, P0125-P0126 calculation for micronutrients recommend to satisfy the intake standard for the user.);
select a menu, for cooking a complete nutritious food product, that satisfies the intake standard of each of the plurality of users for the first nutrient and the second nutrient in the standard food (Taught as available meals, recipes or foods for a user selected with drop down menu of choices in P0100.); and
acquire information about a cooking procedure and ingredients necessary for cooking the complete nutritious food product (See Fig. 2B-C, Fig. 15, list of meals, recipes and snack foods in P0010, P0012, P0100-P0105, acquiring information on user attributes such as preferences, dietary patterns and metabolic adaptability in P0187. See webpage of user’s diet profiles, over a network connection shown in Fig. 1, Fig. 9, mentioned in P0039, P0065.), and
wherein the complete nutritious food product is prepared by adjusting the amount of the standard food according to a ratio of the EER of each user to the energy amount of the standard food, such that an energy amount of the complete nutritious food product corresponds to the EER of each user, and such that the intake standard for the first nutrient and the second nutrient is satisfied for each of the plurality of users (See Fig. 15, P0205-P0206 adjusting the ranking meals, supplement recommendation and macronutrient 1546 ranking in P0198, P0213.).
Although Grimmer discloses a complete nutritious food product-providing system, method and software include acquiring a complete nutritious food product, adjusting the amount of a standard food, calculating first nutrient and the second nutrient in the standard food mentioned above, Grimmer does not explicitly teach storing a Dietary Reference Intake (DRI) database an estimated energy requirement (EER) for categories and a DRI for first and second nutrients for each of the categories, including a recommended dietary allowance (RDA), tentative dietary goal for preventing life-style related diseases (DG), adequate intake (AI), and a tolerable upper intake level (UL), determining an intake standard for a standard food that satisfies the DRI of the plurality of users by determining a lowest EER among the categories as a standard energy amount for the standard food, normalized nutrient amount = UL of first nutrient x (the standard energy amount the EER in each category). Mainardi teaches:
store, in a Dietary Reference Intake (DRI) database, an estimated energy requirement (EER) for each of the plurality of categories and a DRI for first and second nutrients for each of the plurality of categories (See [P00147-P00148] stores nutrient range consumption values that are as personalized as possible to individual people. The Institute of Medicine publishes recommendations of population-level DRI values for certain nutrients for populations based on gender and age.), wherein the first nutrient is vitamins and/or minerals, and the second nutrient is protein, lipid, and/or carbohydrate, and wherein the DRI for each category includes a recommended dietary allowance (RDA), tentative dietary goal for preventing life-style related diseases (DG), adequate intake (AI), and a tolerable upper intake level (UL) (See P0014, P0017 DRI’s for healthy intake of vitamins and/or minerals, Fig. 3-4, P0055);
determine an intake standard for a standard food that satisfies the DRI of each of the plurality of users by: determining a lowest EER among the plurality of categories as a standard energy amount for the standard food (See P0007-P0009, P0014, P0017, P0027-P0028, P0041, and [P00165] Fig. 13 illustrates a screen shot of a user data entry screen that enables the user to input specific information about himself or herself and enables the system to determine the amount of energy that user requires in a given period of time. In the illustrated embodiment, the EER (Estimated Energy Requirement) calculated by the system as a baseline for calculating nutrient health scores and overall health scores is calculated based on equations promulgated by the Institute of Medicine Equation.),
wherein the upper limit of the first nutrient in the standard food is set as a smallest normalized nutrient amount among the plurality of categories (See Tolerable Upper Level in P0012, P0030-P0031 and P0068.), and
wherein a normalized nutrient amount is calculated for each of the plurality of categoriesin each category (See Fig. 2, P0110-P0113 energy score as energy amount and the estimated energy requirement (EER), exemplary formula normalizing nutrient amount for a woman shown in Fig. 4, P0078, [P0109-P0113] The upper limit for calories is 10% more than the target energy intake. For the woman described above, the upper limit of a healthy range would be 2236 Kcal/day (412 in FIG. 4).),
wherein in the case where a tolerable upper intake level (UL) of the first nutrient is set in the DRIs, a normalized nutrient amount in each category to which the each user belongs is calculated (See Tolerable Upper Level in P0012, P0030-P0031 and P0068.) according to:
normalized nutrient amount = UL of first nutrient x (energy amount of standard food/EER in each category), and a smallest normalized nutrient amount is set as the upper limit of the first nutrient intake in the standard food (See exemplary formula normalizing nutrient amount for a woman shown in Fig. 4, P0078, [P0109-P0113] The upper limit for calories is 10% more than the target energy intake. For the woman described above, the upper limit of a healthy range would be 2236 Kcal/day (412 in FIG. 4).).
Therefore, it would have been obvious to one of ordinary skill in the art of dietary intake scoring before the effective filing date of the claimed invention to modify the system, method and software of Grimmer to include storing a Dietary Reference Intake (DRI) database an estimated energy requirement (EER) for categories and a DRI for first and second nutrients for each of the categories, including a recommended dietary allowance (RDA), tentative dietary goal for preventing life-style related diseases (DG), adequate intake (AI), and a tolerable upper intake level (UL), determining an intake standard for a standard food that satisfies the DRI of the plurality of users by determining a lowest EER among the categories as a standard energy amount for the standard food, normalized nutrient amount = UL of first nutrient x (the standard energy amount the EER in each category) as taught by Mainardi to tracking and optimizing dietary intake for individuals and populations mentioned in Mainardi’s P0002.
Regarding claim 2, although Grimmer and Mainardi teach the complete nutritious food product-providing system according to claim 1 mentioned above, Grimmer does not explicitly teach the range of the intake standard for the first nutrient in the standard food is narrower than the range of the DRI for the first nutrient in the complete nutritious food product. Mainardi further teaches wherein the a of the intake standard for the first nutrient in the standard food is narrower than a range of the DRI for the first nutrient in the complete nutritious food product (Besides P0017 where typical DRI value score of vitamins and minerals are at desired minimum, see P0143, Table 5 show milligram amounts for vitamins are within a smaller range compared to gram amounts of food products shown in P0140, Table 2.).
Therefore, it would have been obvious to one of ordinary skill in the art of dietary intake scoring before the effective filing date of the claimed invention to modify the system, method and software of Grimmer to include the range of the intake standard for the first nutrient in the standard food is narrower than the range of the DRI for the first nutrient in the complete nutritious food product as taught by Mainardi to tracking and optimizing dietary intake for individuals and populations mentioned in Mainardi’s P0002.
Regarding claim 8, although Grimmer teaches the complete nutritious food product-providing system according to claim 1 mentioned above, Grimmer does not explicitly teach an adequate intake (AI) or a recommended dietary allowance (RDA) of the first nutrient is set in the DRIs, the maximum value of the AI or the RDA of the first nutrient in each category of the DRIs is set as the lower limit of the first nutrient intake in the standard food. Mainardi teaches wherein a maximum value of the AI or the RDA of the first nutrient in each category of the DRIs is set as the lower limit of the first nutrient intake in the standard food (See adequate intake (AI) and recommended dietary allowance (RDA) (P0007, lines 9-12 and 17-21) mentioned in P0036 as smaller of maximum score and lower consumption limit in P0096.).
Therefore, it would have been obvious to one of ordinary skill in the art of dietary intake scoring before the effective filing date of the claimed invention to modify the system, method and software of Grimmer to include an adequate intake (AI) or a recommended dietary allowance (RDA) of the first nutrient is set in the DRIs, the maximum value of the AI or the RDA of the first nutrient in each category of the DRIs is set as the lower limit of the first nutrient intake in the standard food as taught by Mainardi to tracking and optimizing dietary intake for individuals and populations mentioned in Mainardi’s P0002.
Regarding claim 9, although Grimmer discloses the complete nutritious food product-providing system according to claim 1 mentioned above, Grimmer does not explicitly teach when the upper limit of the tentative dietary goal for preventing life-style related diseases (DG) of protein in the category with the lowest EER among the categories of the food reference. Mainardi teaches wherein the upper limit a DG of protein in the category with the lowest EER among the plurality of categories of the DRIs to which the plurality of users belong is set as the upper limit of protein intake in the standard food, and an RDA with a largest value among the plurality of categories to which the plurality of users belong is set as the lower limit of protein intake in the standard food that is provided to the plurality of users (A person over weight or obese as having a disease (P0003) see [P0100] The RDA for total protein can be estimated as 0.8 g/kg/d for men and women ages I 960. Notably, this RDA value is dependent upon the weight of the individual - individuals having different weights have different RDAs of protein. By virtue of the fact that the RDA value for protein varies with the weight of an individual.).
Therefore, it would have been obvious to one of ordinary skill in the art of dietary intake scoring before the effective filing date of the claimed invention to modify the system, method and software of Grimmer to include the upper limit of the tentative dietary goal for preventing life-style related diseases (DG) of protein in the category with the lowest EER among the categories of the food reference as taught by Mainardi to tracking and optimizing dietary intake for individuals and populations mentioned in Mainardi’s P0002.
Regarding claim 11, Grimmer teaches the complete nutritious food product-providing system according to claim 1, wherein the upper limit of the DG of carbohydrate in the category of standard energy amount with the lowest EER among the categories of the DRIs to which the plurality of users belong is set as the upper limit of carbohydrate intake in the standard food, and the lower limit of the DG of carbohydrate for the plurality of users belonging to the category of the standard energy amount is set as the lower limit of carbohydrate intake in the standard food (With the second nutrient as protein, lipid, and/or carbohydrate, see P0228 recommended carbohydrates, assigning protein intake recommendation (P0232-P0233) and study to assess postprandial lipid and glycemic responses (P0284).).
Regarding claim 13, Grimmer discloses wherein the vitamins include one or more of vitamin A, vitamin D, vitamin E, vitamin K, vitamin Bi, vitamin Bo, niacin, vitamin Bo, vitamin B12, folic acid, pantothenic acid, biotin, and vitamin C, and the minerals include one or more of sodium, potassium, calcium, magnesium, phosphorus, iron, zinc, copper, manganese, iodine, selenium, chromium, and molybdenum (See vitamins in P0072, measured Vitamins A, B6, C and D and zinc in P0146-P0151.).
Regarding claim 15, although Grimmer teaches the complete nutritious food product-providing system according to claim 1 wherein the food information display is further configured to execute the program mentioned above, Grimmer does not explicitly teach selecting the energy amount of the standard food, the upper or lower limit of first nutrient intake, and the upper or lower limit of second nutrient intake. Mainardi teaches to:
select the menu based on the energy amount of the standard food, the upper or lower limit of first nutrient intake, and the upper or lower limit of second nutrient intake (See Fig. 2, P0110-P0113 energy score as energy amount and the estimated energy requirement (EER). Also, see Tolerable Upper Level in P0012, P0030-P0031 and P0068.).
Therefore, it would have been obvious to one of ordinary skill in the art of dietary intake scoring before the effective filing date of the claimed invention to modify the system, method and software of Grimmer to include selecting the energy amount of the standard food, the upper or lower limit of first nutrient intake, and the upper or lower limit of second nutrient intake as taught by Mainardi to tracking and optimizing dietary intake for individuals and populations mentioned in Mainardi’s P0002.
Regarding claim 16, Grimmer discloses complete nutritious food product nutritionally calculated by the complete nutritious food product-providing system according ((See Fig. 2C, P0105, P0125-P0126 calculation for micronutrients recommend to satisfy the intake standard for the user.).
Regarding claim 17, Grimmer discloses wherein the complete nutritious food product is composed of any one selected from the group consisting of breakfast, lunch, and supper or a combination of two or three of these (See Fig. 2C, P0105, P0125-P0126 calculation for micronutrients recommend to satisfy the intake standard for the user.).
Regarding claim 18, Grimmer discloses the complete nutritious food product-providing system controls a food production- controlling device to process the complete nutritious food product, a cooked food product, or a dish cooked based on a specific menu (Taught as available meals, recipes or foods for a user selected with drop down menu of choices in P0100.).
Claim 19:
Grimmer discloses A nutrition calculation device for a complete nutritious food product, comprising:
a processor; and
a program stored on a storage device, and
wherein the processor is configured to execute the program (See program instructions, database, memory, processor in Abstract, P0011, user devices such as mobile devices, phones, tablets in P0065 and display suggested meals in P0210.) to:
acquire information on user attributes of the plurality of users from the terminal device of each user (See Fig. 1 user devices 101 to receive information back from the web server interface 104 mentioned in P0065, and Fig. 15, P0187 acquiring information on user attributes such as preferences, dietary patterns and metabolic adaptability. See webpage of user’s diet profiles, over a network connection shown in Fig. 1, Fig. 9, mentioned in P0039, P0065.), the user attributes including information on gender, age, and physical activity level (See user profile (P0073-P0076, P0084) include customized caloric recommendation according to the user’s age, gender and activity level in P0012-P0013 and [P0207] the caloric recommendation classifier uses features of the user, e.g., one or more of gender, age, height, weight, waist circumference, and activity levels.);
determine a plurality of categories including categories of gender, categories of age, and categories of physical activity that are present among the plurality of users (Taught in P0013, P0207 and P0213.);
store, in an information database, the information about the plurality of categories to which the plurality of users belong (See webpage of user’s diet profiles, over a network connection shown in Fig. 1, Fig. 9, mentioned in P0039, P0065. See P0066 a user health database 105, a meal and recipe database 106. Also, see user profile for each user in P0073-P0083.),
calculating an upper limit and a lower limit for each of the first nutrient and the second nutrient in the standard food so that the standard food can satisfy the intake standard for the first nutrient and the second nutrient of each of the plurality of users (See Fig. 2C, P0105, P0125-P0126 calculation for micronutrients recommend to satisfy the intake standard for the user.);
select a menu, for cooking a complete nutritious food product, that satisfies the intake standard of each of the plurality of users for the first nutrient and the second nutrient in the standard food (Taught as available meals, recipes or foods for a user selected with drop down menu of choices in P0100.); and
acquire information about a cooking procedure and ingredients necessary for cooking the complete nutritious food product (See Fig. 2B-C, Fig. 15, list of meals, recipes and snack foods in P0010, P0012, P0100-P0105, acquiring information on user attributes such as preferences, dietary patterns and metabolic adaptability in P0187. See webpage of user’s diet profiles, over a network connection shown in Fig. 1, Fig. 9, mentioned in P0039, P0065.), and
wherein the complete nutritious food product is prepared by adjusting the amount of the standard food according to a ratio of the EER of each user to the energy amount of the standard food, such that an energy amount of the complete nutritious food product corresponds to the EER of each user, and such that the intake standard for the first nutrient and the second nutrient is satisfied for each of the plurality of users (See Fig. 15, P0205-P0206 adjusting the ranking meals, supplement recommendation and macronutrient 1546 ranking in P0198, P0213.).
Although Grimmer discloses a complete nutritious food product-providing system, method and software include a complete nutritious food product, adjusting the amount of a standard food, calculating first nutrient and the second nutrient in the standard food mentioned above, Grimmer does not explicitly teach storing a Dietary Reference Intake (DRI) database an estimated energy requirement (EER) for categories and a DRI for first and second nutrients for each of the categories, including a recommended dietary allowance (RDA), tentative dietary goal for preventing life-style related diseases (DG), adequate intake (AI), and a tolerable upper intake level (UL), determining an intake standard for a standard food that satisfies the DRI of the plurality of users by determining a lowest EER among the categories as a standard energy amount for the standard food, normalized nutrient amount = UL of first nutrient x (the standard energy amount the EER in each category). Mainardi teaches:
store, in a Dietary Reference Intake (DRI) database, an estimated energy requirement (EER) for each of the plurality of categories and a DRI for first and second nutrients for each of the plurality of categories (See [P00147-P00148] stores nutrient range consumption values that are as personalized as possible to individual people. The Institute of Medicine publishes recommendations of population-level DRI values for certain nutrients for populations based on gender and age.), wherein the first nutrient is vitamins and/or minerals, and the second nutrient is protein, lipid, and/or carbohydrate, and wherein the DRI for each category includes a recommended dietary allowance (RDA), tentative dietary goal for preventing life-style related diseases (DG), adequate intake (AI), and a tolerable upper intake level (UL) (See P0014, P0017 DRI’s for healthy intake of vitamins and/or minerals, Fig. 3-4, P0055);
determine an intake standard for a standard food that satisfies the DRI of each of the plurality of users by: determining a lowest EER among the plurality of categories as a standard energy amount for the standard food (See P0007-P0009, P0014, P0017, P0027-P0028, P0041, and [P00165] Fig. 13 illustrates a screen shot of a user data entry screen that enables the user to input specific information about himself or herself and enables the system to determine the amount of energy that user requires in a given period of time. In the illustrated embodiment, the EER (Estimated Energy Requirement) calculated by the system as a baseline for calculating nutrient health scores and overall health scores is calculated based on equations promulgated by the Institute of Medicine Equation.),
wherein the upper limit of the first nutrient in the standard food is set as a smallest normalized nutrient amount among the plurality of categories (See Tolerable Upper Level in P0012, P0030-P0031 and P0068.), and
wherein a normalized nutrient amount is calculated for each of the plurality of categories(the standard energy amount the EER in each category (See Fig. 2, P0110-P0113 energy score as energy amount and the estimated energy requirement (EER), exemplary formula normalizing nutrient amount for a woman shown in Fig. 4, P0078, [P0109-P0113] The upper limit for calories is 10% more than the target energy intake. For the woman described above, the upper limit of a healthy range would be 2236 Kcal/day (412 in FIG. 4).).
Therefore, it would have been obvious to one of ordinary skill in the art of dietary intake scoring before the effective filing date of the claimed invention to modify the system, method and software of Grimmer to include storing a Dietary Reference Intake (DRI) database an estimated energy requirement (EER) for categories and a DRI for first and second nutrients for each of the categories, including a recommended dietary allowance (RDA), tentative dietary goal for preventing life-style related diseases (DG), adequate intake (AI), and a tolerable upper intake level (UL), determining an intake standard for a standard food that satisfies the DRI of the plurality of users by determining a lowest EER among the categories as a standard energy amount for the standard food, normalized nutrient amount = UL of first nutrient x (the standard energy amount the EER in each category) as taught by Mainardi to tracking and optimizing dietary intake for individuals and populations mentioned in Mainardi’s P0002.
Claim 20:
Grimmer discloses A non-transitory computer-readable storage medium having a nutrition calculation program for a complete nutritious food product stored therein, the program (See program instructions, database, memory, processor in Abstract, P0011, user devices such as mobile devices, phones, tablets in P0065 and display suggested meals in P0210.), comprising:
a step of acquiring information on user attributes of the plurality of users from the terminal device of each user (See Fig. 1 user devices 101 to receive information back from the web server interface 104 mentioned in P0065, and Fig. 15, P0187 acquiring information on user attributes such as preferences, dietary patterns and metabolic adaptability. See webpage of user’s diet profiles, over a network connection shown in Fig. 1, Fig. 9, mentioned in P0039, P0065.) the user attributes including information on gender, age, and physical activity level (See user profile (P0073-P0076, P0084) include customized caloric recommendation according to the user’s age, gender and activity level in P0012-P0013 and [P0207] the caloric recommendation classifier uses features of the user, e.g., one or more of gender, age, height, weight, waist circumference, and activity levels.);
a step of determining a plurality of categories including categories of gender, categories of age, and categories of physical activity that are present among the plurality of users (Taught in P0013, P0207 and P0213.);
a step of storing, in an information database, the information about the plurality of categories to which the plurality of users belong (See webpage of user’s diet profiles, over a network connection shown in Fig. 1, Fig. 9, mentioned in P0039, P0065. See P0066 a user health database 105, a meal and recipe database 106. Also, see user profile for each user in P0073-P0083.);
calculating an upper limit and a lower limit for each of the first nutrient and the second nutrient in the standard food, so that the standard food can satisfy the intake standard for the first nutrient and the second nutrient of each of the plurality of users (See Fig. 2C, P0105, P0125-P0126 calculation for micronutrients recommend to satisfy the intake standard for the user.);
a step of selecting a menu, for cooking a complete nutritious food product, that satisfies the intake standard of each of the plurality of users for the first nutrient and the second nutrient in the standard food (Taught as available meals, recipes or foods for a user selected with drop down menu of choices in P0100.); and
a step of acquiring information about a cooking procedure and ingredients necessary for cooking the complete nutritious food product (See Fig. 2B-C, Fig. 15, list of meals, recipes and snack foods in P0010, P0012, P0100-P0105, acquiring information on user attributes such as preferences, dietary patterns and metabolic adaptability in P0187. See webpage of user’s diet profiles, over a network connection shown in Fig. 1, Fig. 9, mentioned in P0039, P0065.), and
wherein the complete nutritious food product is prepared by adjusting the amount of the standard food according to a ratio of the EER of each user to the energy amount of the standard food, such that an energy amount of the complete nutritious food product corresponds to the EER of each user, and such that the intake standard for the first nutrient and the second nutrient is satisfied for each of the plurality of users (See Fig. 15, P0205-P0206 adjusting the ranking meals, supplement recommendation and macronutrient 1546 ranking in P0198, P0213.).
Although Grimmer discloses a complete nutritious food product-providing system, method and software include a complete nutritious food product, adjusting the amount of a standard food, calculating first nutrient and the second nutrient in the standard food mentioned above, Grimmer does not explicitly teach storing a Dietary Reference Intake (DRI) database an estimated energy requirement (EER) for categories and a DRI for first and second nutrients for each of the categories, including a recommended dietary allowance (RDA), tentative dietary goal for preventing life-style related diseases (DG), adequate intake (AI), and a tolerable upper intake level (UL), determining an intake standard for a standard food that satisfies the DRI of the plurality of users by determining a lowest EER among the categories as a standard energy amount for the standard food, normalized nutrient amount = UL of first nutrient x (the standard energy amount the EER in each category). Mainardi teaches:
a step of storing, in a Dietary Reference Intake (DRI) database, an estimated energy requirement (EER) for each of the plurality of categories and a DRI for the first and second nutrients for each of the plurality of categories (See [P00147-P00148] stores nutrient range consumption values that are as personalized as possible to individual people. The Institute of Medicine publishes recommendations of population-level DRI values for certain nutrients for populations based on gender and age.), wherein the first nutrient is vitamins and/or minerals, and the second nutrient is protein, lipid, and/or carbohydrate, and wherein the DRI for each category includes a recommended dietary allowance (RDA), tentative dietary goal for preventing life-style related diseases (DG), adequate intake (AI), and a tolerable upper intake level (UL) (See P0014, P0017 DRI’s for healthy intake of vitamins and/or minerals, Fig. 3-4, P0055);
a step of determining an intake standard for a standard food that satisfies the DRI of each of the plurality of users by: determining a lowest EER among the plurality of categories as a standard energy amount for the standard food (See P0007-P0009, P0014, P0017, P0027-P0028, P0041, and [P00165] Fig. 13 illustrates a screen shot of a user data entry screen that enables the user to input specific information about himself or herself and enables the system to determine the amount of energy that user requires in a given period of time. In the illustrated embodiment, the EER (Estimated Energy Requirement) calculated by the system as a baseline for calculating nutrient health scores and overall health scores is calculated based on equations promulgated by the Institute of Medicine Equation.),
wherein the upper limit of the first nutrient in the standard food is set as a smallest normalized nutrient amount among the plurality of categories (See Tolerable Upper Level in P0012, P0030-P0031 and P0068.), and
wherein a normalized nutrient amount is calculated for each of the plurality of categories(the standard energy amount the EER in each category) (See Fig. 2, P0110-P0113 energy score as energy amount and the estimated energy requirement (EER), exemplary formula normalizing nutrient amount for a woman shown in Fig. 4, P0078, [P0109-P0113] The upper limit for calories is 10% more than the target energy intake. For the woman described above, the upper limit of a healthy range would be 2236 Kcal/day (412 in FIG. 4).).
Therefore, it would have been obvious to one of ordinary skill in the art of dietary intake scoring before the effective filing date of the claimed invention to modify the system, method and software of Grimmer to include storing a Dietary Reference Intake (DRI) database an estimated energy requirement (EER) for categories and a DRI for first and second nutrients for each of the categories, including a recommended dietary allowance (RDA), tentative dietary goal for preventing life-style related diseases (DG), adequate intake (AI), and a tolerable upper intake level (UL), determining an intake standard for a standard food that satisfies the DRI of the plurality of users by determining a lowest EER among the categories as a standard energy amount for the standard food, normalized nutrient amount = UL of first nutrient x (the standard energy amount the EER in each category) as taught by Mainardi to tracking and optimizing dietary intake for individuals and populations mentioned in Mainardi’s P0002.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Grimmer (US 2018/0144820 A1) in view of Mainardi (WO 2018/099838 A1) further in view of Innocenzi (US 8,603,555 B2).
Regarding claim 10, although Grimmer discloses the complete nutritious food product-providing system according to claim 1 mentioned above, Grimmer and Mainardi do not explicitly teach the upper limit of the DG of lipid in the category of standard energy amount with the lowest EER among the categories of the DRIs to which the users belong is set as the upper limit of lipid intake in the standard food, and the lower limit of the DG of lipid for the users belonging to the category of the "standard energy amount" is set as the lower limit of lipid intake in the standard food. Innocenzi teaches:
wherein the upper limit of the DG of lipid in the category of standard energy amount with the lowest EER among the categories of the DRIs to which the plurality of users belong is set as the upper limit of lipid intake in the standard food, and the lower limit of the DG of lipid for the plurality of users belonging to the category of the standard energy amount is set as the lower limit of lipid intake in the standard food (See DRI development in column 11, lines 5-24 Tables 2, 8 & 10 in column 14, line 61 to column 15, line 20, column 16, line 66 to column 17, line 25 where vitamins A, B12 & D serve as limits of lipid intake. Also, see Abstract, column 3, lines 9-16, column 40, lines 13-17.).
Therefore, it would have been obvious to one of ordinary skill in the art of fruits and vegetables serving standards before the effective filing date of the claimed invention to modify the system, method and software of Grimmer and Mainardi to include the upper limit of the DG of lipid in the category of standard energy amount with the lowest EER among the categories of the DRIs to which the users belong is set as the upper limit of lipid intake in the standard food, and the lower limit of the DG of lipid for the users belonging to the category of the "standard energy amount" is set as the lower limit of lipid intake in the standard food as taught by Innocenzi to evaluate nutrition required to help maintain or improve health mentioned in Innocenzi’s column 1, lines 19-38.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Grimmer (US 2018/0144820 A1) in view of Mainardi (WO 2018/099838 A1) further in view of Informit -Systematic classification of evidence for dietary reference intakes for Japanese 2010 (DRIs-J 2010) in adults and future prospects of DRIs in Asia.
Regarding Claim 14, although Grimmer and Mainardi teach the complete nutritious food product-providing system according to claim 1 and the "Dietary Reference Intakes (DRIs)" in the US mentioned above, Grimmer and Mainardi do not explicitly teach the Dietary Reference Intakes (DRIs) in Japan and Asia. Informit teaches wherein the DRIs of the complete nutritious food product are any of the "Dietary Reference Intakes (DRIs) for Japanese" published by the Ministry of Health, Labour and Welfare of Japan, and the "Dietary Reference Intakes for Chinese" in China (See Abstract.).
Therefore, it would have been obvious to one of ordinary skill in the art of DRI classification before the effective filing date of the claimed invention to modify the system, method and software of Grimmer and Mainardi to include the Dietary Reference Intakes (DRIs) in Japan and Asia as taught by Informit to assist other countries planning to develop or revise their own DRI’s mentioned in Informit’s Abstract.
Response to Arguments
Applicant's arguments filed 01/30/2026 have been fully considered but they are not persuasive. The revised amendments recited with “acquire information on user attributes of the plurality of users from the terminal device of each user, the user attributes including information on gender, age, and physical activity level" do not sufficiently overcome the art rejection. Grimmer’s user profile accessed via web server interface (P0073, P0084), includes a customized caloric recommendation according to the user’s age, gender and activity level in P0012-P0013 and [P0207] the caloric recommendation classifier uses features of the user, e.g., one or more of gender, age, height, weight, waist circumference, and activity levels.
The revised amendments recited with “store, in a Dietary Reference Intake (DRI) database, an estimated energy requirement (EER) for each of the plurality of categories and a DRI for first and second nutrients for each of the plurality of categories”. Mainardi’s P00147-P00148 talks about storing DRI values for certain nutrients for populations. Also, P0033-P0034, P0047-P0048, Fig. 13, P00165 where the user profile stores nutritional information, overall nutritional health score and the estimated energy requirement (EER).
Furthermore, the revised amendments recited with “determine an intake standard for a standard food that satisfies the DRI of each of the plurality of users by: determining a lowest EER among the plurality of categories as a standard energy amount for the standard food.” See Mainardi’s [P0041] Various embodiments of the disclosed system display a dashboard or other appropriate user interface to a user that is customized based on the user's nutritional needs, such as the user's caloric intake or a set of determined applicable DRI (daily reference intake) values.
Applicant argues that claim 1 provides a practical application for any purported abstract idea, under Prong 2 of Step 2A, improving how a computer is used as a tool, liken to CardioNet, LLC v. InfoBionic, Inc., see pgs. 18-20 of Remarks – Examiner disagrees.
Even if the processor automatically determined intake standard food that satisfies the daily reference intake (DRI), selects a menus item and prepares a complete nutritious food product by adjusting the amount of the standard food, unlike Cardio, the instant case involves a technology not claimed. Also, no technological improvements have been placed within the smart food mixer field, the ingredient measuring field, food standards field, robotics and the functionality of a computing device itself, outside of improving the computer specifically for implementing an abstract idea.
Furthermore, the steps or features of determining a standard food or complete nutritious food product that meets the nutritional requirements of each of a plurality of users amount to extra-solution activity and is also well-understood, routine and conventional in the art, evidenced by at least Fig. 7, Fig. 8, column 2, lines 20-53, column 5, lines 5-16, column 11, line 33 to column 12, line 9, column 16, lines 12-34 of Boland et al. (US 7,762,181 B2), evidenced by at least column 7, line 49 to column 8, line 12, and lines 32-39, column 27, line 52 to column 28, line 25 of Wallace et al. (US 11,062,620), evidenced by at least Fig. 1, Fig. 2A- P0028, P0150 of Goldberg et al. (US 2016/0232624 A1), and at least P0041, P0147-P00148 of Mainardi (US 2018/099838 A1).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/T.S.W./Examiner, Art Unit 3687 05/26/2026
/ALAAELDIN M. ELSHAER/Primary Examiner, Art Unit 3687
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