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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 30th, 2025 has been entered. Claims 1-15 remain pending in the application.
Response to Arguments
Applicant’s remarks and amendments, filed September 30th, 2025, with respect to the rejections under 35 U.S.C. 112(b) have been fully considered. The rejections under 35 U.S.C. 112(b) have been withdrawn. However, additional rejections are added.
Applicant’s arguments and amendments, filed September 30th, 2025, with respect to the rejections under 35 U.S.C. 101 have been fully considered. The rejections under 35 U.S.C. 101 are withdrawn.
Applicant’s arguments, filed September 30th, 2025, with respect to the rejections under 35 U.S.C. 103 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 4-6, 10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ueda (JP2004093555A English Translation) in view of Takeshita 2006 (JP 2006132948 A English Translation), and further in view of Takeshita 2005 (JP 2005315836 A English Translation).
Regarding claim 1, Ueda discloses a health condition estimation system (intestinal gas component measurement device 1, fig. 1; “estimate bacterial species”, page 4 lines 3-9) comprising: a sensor unit (intestinal gas component measurement device 1, fig. 1) comprising at least one sensor (intestinal gas emission detecting unit 3 & detection unit 45, fig. 1), the sensor unit configured to inhale a first gas through a first inlet (sample collection tube 21, fig. 1, “ambient atmosphere gas G … around the buttocks”, page 9 lines 9-11 & page 10 lines 1-4 & page 12 lines 1-5) and inhale a second gas through a second inlet (suction pump 44, fig. 1, “air or nitrogen gas”; “carrier gas (air) that sends the ambient atmosphere sample S”; “ambient atmosphere sample S”, page 5 line 7 & page 10 lines 6-12 & page 12 lines 14-17 (see also page 6 lines 2-6)), the first gas and the second gas being different in obtaining position and obtaining time (fig. 1, page 12 lines 1-17), wherein the first inlet is positioned to be exposed inside a toilet bowl (unlabeled but as seen in fig. 1), wherein the first gas is inhaled during defecation (“ambient gas G around the anus … constantly measures the carbon dioxide concentration … intestinal gas has been released … concentration is measured and stored”, page 12 lines 1-17) and the second gas is inhaled after defecation (“next … ambient atmosphere sample S … carrier gas … detector 45”, page 12 lines 1-17), the sensor unit configured to receive the first gas and the second gas (fig. 1, “indicator gas detector 32 constantly measures the carbon dioxide concentration … ambient atmosphere sample S … detector 45,”, page 12 lines 1-17) and output a first signal with a first signal value in accordance with a concentration of a specific gas in a first period in which the first gas is inhaled (“carbon dioxide … intestinal gas … concentration is measured and stored”, page 12 lines 1-17 (see also page 3 lines 7-20)) and a second signal with a second signal value in accordance with a concentration of a specific gas in a second period in which the second gas is inhaled (“concentration of the gas component to be detected is determined”; “amount of ionization converted into an electrical signal and output”, page 11 lines 1-3 & page 12 lines 1-17); and a controller (control/calculation processing unit 5, fig. 1) comprising one or more processors and memory (microcomputer 51, fig. 1, “pre-stored in a microprocessor”, page 8 lines 10-12), the controller configured to receive gas information comprising the first signal with the first signal value and the second signal with the second signal value (“concentration is measured and stored … amount of ionization converted into an electrical signal and output … is processed by the control and calculation processing unit 5”, page 10 lines 4-6 & page 12 lines 1-17) and generate health information using the gas information (“estimate the bacterial species from the odorous components or their component ratios”; “estimate the species of bacteria … information about the human body, particularly the large intestine system, can be obtained”, page 4 lines 5-15 & page 13 line 16 – page 14 line).
Ueda does not expressly disclose wherein the second inlet is positioned to be exposed outside the toilet bowl.
However, Takeshita 2006 directed to an apparatus for automatically detecting occult blood in stool fixed to a seat-type toilet 300 (fig. 2) discloses a first inlet (gas suction device 210 having gas intake port 212, fig. 2) and a second inlet (induction air device having outside air intake port 226, fig. 2), wherein the first inlet is positioned to be exposed inside a toilet bowl (fig. 2, gas intake port 212 … within the waste tank space, page 10 lines 1-2) and the second inlet is positioned to be exposed outside the toilet bowl (fig. 2, outside air intake port 226 provided on the outer wall of the main body 202, page 11 lines 4-7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ueda such that the second inlet is positioned to be exposed outside the toilet bowl, in view of the teachings of Takeshita 2006, as such a modification would have been merely a substitution of compression pump 44 that supplies the carrier gas (air) for the induction air device having the outside air intake port of Takeshita in order to provide the carrier (gas) air.
Ueda, as modified by Takeshita 2006 hereinabove, does not expressly disclose wherein the controller analyzes the concentration of one or more gases in the first gas to calculate a number of bacteria in the first gas for one or more types of intestinal bacteria, wherein the generated health information comprises a ratio of the one or more types of intestinal bacteria.
However, Takeshita 2005 directed to a technique for detecting excretory gases present in a toilet bowl and judging a person's health condition based on the detection results discloses one or more gas sensors for detecting each of the one or more types of gas (para. [0093, 0118]) and a control device 11 including a storage unit 23 and CPU 21 (para. [0011, 0033, 0093]), wherein the controller (control device 11, para. [0011, 0033, 0093]) analyzes the concentration of one or more gases in the first gas to calculate a number of bacteria in the first gas for one or more types of intestinal bacteria (“extracts an intestinal parameter … signal value … the number (or amount) of bifidobacteria”; “intestinal condition may be determined based on the signal values”, para. [0014, 0063, 0093, 0118]), wherein the generated health information comprises a ratio of the one or more types of intestinal bacteria (“proportion of the number (or amount) of bifidobacteria out of the total number (or total amount) of intestinal bacteria, or the proportion of the number (or amount) of harmful bacteria out of the total number (or total amount) of intestinal bacteria”, para. [0014, 0063]). Takeshita 2005 further discloses that the intestinal condition is determined based on the intestinal health determination table 71, and allows the user to have the state of their intestines assessed without having to go through the trouble of collecting excreted stool and sending it to a specialist institution (para. [0076]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ueda, as modified by Takeshita 2006 hereinabove, such that the controller analyzes the concentration of one or more gases in the first gas to calculate a number of bacteria in the first gas for one or more types of intestinal bacteria, wherein the generated health information comprises a ratio of the one or more types of intestinal bacteria, in view of the teachings of Takeshita 2005, as such a modification would have yielded predictable results, namely determining an intestinal condition by assessing the state of a user’s intestines without having to go through the trouble of collecting excreted stool and sending it to a specialist institution.
Regarding claim 4, Ueda, as modified by Takeshita 2006 and Takeshita 2005 hereinabove, discloses the health condition estimation system according to Claim 1, wherein: the specific gas includes at least one of hydrogen, carbon dioxide, methane, hydrogen sulfide, methyl mercaptan, dimethyl sulfide, carboxylic acid, and amine (“carbon dioxide, methane or hydrogen used as the indicator gas”, page 3 lines 16-19).
Regarding claim 5, Ueda, as modified by Takeshita 2006 and Takeshita 2005 hereinabove, discloses the health condition estimation system according to Claim 1. , Ueda, as modified by Takeshita 2006 and Takeshita 2005 hereinabove, does not disclose wherein: the controller is configured to generate the health information additionally based on a subject's physical information.
However, Takeshita 2005 discloses wherein: the controller (control device 11 having CPU 21, para. [0089-0091]) is configured to generate the health information additionally based on a subject's physical information (“table for determining intestinal health for each user attribute … age range, gender, or individual”, para. [0081, 0084-0091]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ueda, as modified by Takeshita 2006 and Takeshita 2005 hereinabove, such that the controller is configured to generate the health information additionally based on a subject's physical information, in view of the teachings of Takeshita 2005, for the obvious advantage of providing a more accurate intestinal health assessment in which the differences in user attributes are corrected.
Regarding claim 6, Ueda, as modified by Takeshita 2006 and Takeshita 2005 hereinabove, discloses the health condition estimation system according to Claim 1. Ueda, as modified by Takeshita 2006 and Takeshita 2005 hereinabove, does not disclose wherein: the physical information includes at least one of sex, age, height, weight, and body fat percentage.
However, Takeshita 2005 discloses wherein: the physical information includes at least one of sex, age, height, weight, and body fat percentage (“age, gender”, para. [0081, 0084-0091]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ueda, as modified by Takeshita 2006 and Takeshita 2005 hereinabove, such that the physical information includes at least one of sex, age, height, weight, and body fat percentage, in view of the teachings of Takeshita 2005, for the obvious advantage of providing a more accurate intestinal health assessment in which the differences in user attributes are corrected.
Regarding claim 10, Ueda, as modified by Takeshita 2006 and Takeshita 2005 hereinabove, discloses the health condition estimation system according to Claim 1. Ueda, as modified by Takeshita 2006 and Takeshita 2005 hereinabove, does not disclose wherein: the health information is at least one of a ratio of intestinal bacteria, a ratio of categories that classify intestinal bacteria, and a health advice based on an intestinal bacterial status.
However, Takeshita 2005 discloses wherein: the health information is at least one of a ratio of intestinal bacteria (“proportion of the number (or amount) of bifidobacteria out of the total number (or total amount) of intestinal bacteria, or the proportion of the number (or amount) of harmful bacteria out of the total number (or total amount) of intestinal bacteria”, para. [0014, 0061-0063]), a ratio of categories that classify intestinal bacteria (“sub-range among the first to third sub-ranges to which the calculated Br belongs”, para. [0014, 0061-0063, 0074]), and a health advice based on an intestinal bacterial status.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ueda, as modified by Takeshita 2006 and Takeshita 2005 hereinabove, such that the health information is at least one of a ratio of intestinal bacteria, a ratio of categories that classify intestinal bacteria, and a health advice based on an intestinal bacterial status, in view of the teachings of Takeshita 2005, as such a modification would have yielded predictable results, namely determining the intestinal health level by assessing the state of a users intestines without having to go through the trouble of collecting excreted stool and sending it to a specialist institution.
Regarding claim 15, Ueda discloses a health condition estimation method (intestinal gas component measurement device 1, fig. 1; “estimate bacterial species”; “method”, page 4 lines 3-9 & page 12 line 1) comprising: inhaling a first gas through a first inlet (sample collection tube 21, fig. 1, “ambient atmosphere gas G … around the buttocks”, page 9 lines 9-11 & page 10 lines 1-4 & page 12 lines 1-5) and inhaling a second gas through a second inlet (suction pump 44, fig. 1, “air or nitrogen gas”; “carrier gas (air) that sends the ambient atmosphere sample S”; “ambient atmosphere sample S”, page 5 line 7 & page 10 lines 6-12 & page 12 lines 14-17 (see also page 6 lines 2-6)) by at least one sensor (intestinal gas emission detecting unit 3 & detection unit 45, fig. 1) of a sensor unit (intestinal gas component measurement device 1, fig. 1), the first gas and the second gas being different in obtaining position and obtaining time (fig. 1, page 12 lines 1-17), wherein the first inlet is positioned to be exposed inside a toilet bowl (unlabeled but as seen in fig. 1), wherein the first gas is inhaled during defecation (“ambient gas G around the anus … constantly measures the carbon dioxide concentration … intestinal gas has been released … concentration is measured and stored”, page 12 lines 1-17) and the second gas is inhaled after defecation (“next … ambient atmosphere sample S … carrier gas … detector 45”, page 12 lines 1-17); separately supplying the first gas and the second gas to the sensor unit (fig. 1, “indicator gas detector 32 constantly measures the carbon dioxide concentration … ambient atmosphere sample S … detector 45,”, page 12 lines 1-17, fig. 1) that outputs a signal with a signal value in accordance with a concentration of a specific gas (“carbon dioxide … intestinal gas … concentration is measured and stored”, page 12 lines 1-17 (see also page 3 lines 7-20)) & “concentration of the gas component to be detected is determined”; “amount of ionization converted into an electrical signal and output”, page 11 lines 1-3 & page 12 lines 1-17); and generating health information using gas information (“estimate the bacterial species from the odorous components or their component ratios”; “estimate the species of bacteria … information about the human body, particularly the large intestine system, can be obtained”, page 4 lines 5-15 & page 13 line 16 – page 14 line) based on a first signal output by the sensor unit in a first period in which the first gas is supplied to the sensor unit (“carbon dioxide … intestinal gas … concentration is measured and stored”, page 12 lines 1-17 (see also page 3 lines 7-20)) and a second signal output by the sensor unit in a second period in which the second gas is supplied to the sensor unit (“concentration of the gas component to be detected is determined”; “amount of ionization converted into an electrical signal and output”, page 11 lines 1-3 & page 12 lines 1-17).
Ueda does not expressly disclose wherein the second inlet is positioned to be exposed outside the toilet bowl.
However, Takeshita 2006 directed to an apparatus for automatically detecting occult blood in stool fixed to a seat-type toilet 300 (fig. 2) discloses a first inlet (gas suction device 210 having gas intake port 212, fig. 2) and a second inlet (induction air device having outside air intake port 226, fig. 2), wherein the first inlet is positioned to be exposed inside a toilet bowl (fig. 2, gas intake port 212 … within the waste tank space, page 10 lines 1-2) and the second inlet is positioned to be exposed outside the toilet bowl (fig. 2, outside air intake port 226 provided on the outer wall of the main body 202, page 11 lines 4-7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ueda such that the second inlet is positioned to be exposed outside the toilet bowl, in view of the teachings of Takeshita 2006, as such a modification would have been merely a substitution of compression pump 44 that supplies the carrier gas (air) for the induction air device having the outside air intake port of Takeshita in order to provide the carrier (gas) air.
Ueda, as modified by Takeshita 2006 hereinabove, does not expressly disclose wherein the gas information comprises a concentration of one or more gases in the first gas and a number of bacteria in the first gas for one or more types of intestinal bacteria.
However, Takeshita 2005 directed to a technique for detecting excretory gases present in a toilet bowl and judging a person's health condition based on the detection results discloses one or more gas sensors for detecting each of the one or more types of gas (para. [0093, 0118]) and gas information (“extracts an intestinal parameter … signal value … the number (or amount) of bifidobacteria”; “intestinal condition may be determined based on the signal values”, para. [0014, 0063, 0093, 0118]), wherein the gas information comprises a concentration of one or more gases in the first gas and a number of bacteria in the first gas for one or more types of intestinal bacteria (“proportion of the number (or amount) of bifidobacteria out of the total number (or total amount) of intestinal bacteria, or the proportion of the number (or amount) of harmful bacteria out of the total number (or total amount) of intestinal bacteria”, para. [0014, 0063]). Takeshita 2005 further discloses that the intestinal condition is determined based on the intestinal health determination table 71, and allows the user to have the state of their intestines assessed without having to go through the trouble of collecting excreted stool and sending it to a specialist institution (para. [0076]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ueda, as modified by Takeshita 2006 hereinabove, such that the gas information comprises a concentration of one or more gases in the first gas and a number of bacteria in the first gas for one or more types of intestinal bacteria, in view of the teachings of Takeshita 2005, as such a modification would have yielded predictable results, namely determining an intestinal condition by assessing the state of a user’s intestines without having to go through the trouble of collecting excreted stool and sending it to a specialist institution.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Ueda in view of Takeshita 2006 and Takeshita 2005, as applied to claim 1 above, and further in view of Cheng (US 20160249838 A1).
Regarding claim 2, Ueda, as modified by Takeshita 2006 and Takeshita 2005 hereinabove, discloses the health condition estimation system according to Claim 1. Ueda, as modified by Takeshita 2006 and Takeshita 2005 hereinabove, does not disclose wherein: the first signal output by the sensor unit in the first period in which the first gas is received by the sensor unit is a signal output by the sensor unit in each of time sections, which are obtained by dividing the first period in which the first gas is received by the sensor unit into a plurality of first time sections, the second signal output by the sensor unit in the second period in which the second gas is received by the sensor unit is a signal output by the sensor unit in each of time sections, which are obtained by dividing the second period in which the second gas is received by the sensor unit into a plurality of second time sections, the gas information includes at least one of a signal value of a first signal output by the sensor unit in each of the plurality of first time sections, or at least either of at least one of a mean, median, and slope based on the signal value in each of the first time sections, and a difference in at least one of the mean, median, and slope from a different first time section, and a signal value of a second signal output by the sensor unit in each of the plurality of second time sections, or at least either of at least one of a mean, median, and slope based on the signal value in each of the second time sections, and a difference in at least one of the mean, median, and slope from a different second time section.
However, Cheng directed to systems for monitoring Carbon Dioxide (CO.sub.2) discloses wherein: the first signal output by the sensor unit in the first period in which the first gas is received by the sensor unit is a signal output by the sensor unit in each of time sections (sections 202, 204, 206, fig. 2A), which are obtained by dividing the first period in which the first gas is received by the sensor unit into a plurality of first time sections (“a subset of data within a certain period of time or window, for example, the data collected within the past 2 seconds or 5 seconds. The calculation repeats on different subsets of data as the window moves (i.e., center of the subset changes) … more sensitive to the change or shorter trend, the system can be configured to use a smaller window”, para. [0027]), the second signal output by the sensor unit in the second period in which the second gas is received by the sensor unit is a signal output by the sensor unit in each of time sections (sections 202, 204, 210, fig. 2B), which are obtained by dividing the second period in which the second gas is received by the sensor unit into a plurality of second time sections (“a subset of data within a certain period of time or window, for example, the data collected within the past 2 seconds or 5 seconds. The calculation repeats on different subsets of data as the window moves (i.e., center of the subset changes) … more sensitive to the change or shorter trend, the system can be configured to use a smaller window”, para. [0027]), and the gas information includes at least one of a signal value of a first signal output by the sensor unit in each of the plurality of first time sections (“average value of a subset of data”, para. [0027], fig. 2A), or at least either of at least one of a mean, median, and slope based on the signal value in each of the first time sections (average value of a subset of data within a certain period of time or window … slopes of a changing curve of CO2 level may be used”, para. [0027-0028]), and a difference in at least one of the mean, median, and slope from a different first time section (“slopes of a changing curve … beginning slope and the ending slope”, para. [0028]), and a signal value of a second signal output by the sensor unit in each of the plurality of second time sections (“average value of a subset of data”, para. [0027], fig. 2B), or at least either of at least one of a mean, median, and slope based on the signal value in each of the second time sections (average value of a subset of data within a certain period of time or window … slopes of a changing curve of CO2 level may be used”, para. [0027-0028]), and a difference in at least one of the mean, median, and slope from a different second time section (“slopes of a changing curve … beginning slope and the ending slope”, para. [0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ueda, as modified by Takeshita 2006 and Takeshita 2005 hereinabove, such that the first signal output by the sensor unit in the first period in which the first gas is received by the sensor unit is a signal output by the sensor unit in each of time sections, which are obtained by dividing the first period in which the first gas is received by the sensor unit into a plurality of first time sections, the second signal output by the sensor unit in the second period in which the second gas is received by the sensor unit is a signal output by the sensor unit in each of time sections, which are obtained by dividing the second period in which the second gas is received by the sensor unit into a plurality of second time sections, and the gas information includes at least one of a signal value of a first signal output by the sensor unit in each of the plurality of first time sections, or at least either of at least one of a mean, median, and slope based on the signal value in each of the first time sections, and a difference in at least one of the mean, median, and slope from a different first time section, and a signal value of a second signal output by the sensor unit in each of the plurality of second time sections, or at least either of at least one of a mean, median, and slope based on the signal value in each of the second time sections, and a difference in at least one of the mean, median, and slope from a different second time section, in view of the teachings of Cheng, for the obvious advantage of making the system more sensitive to the shorter changes or trends and detecting the trend or change of the gas using smaller windows for a subset of data.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ueda in view of Takeshita 2006, Takeshita 2005, and Cheng, as applied to claim 2 above, and further in view of Hasegawa 9875 (US 20170089875 A1).
Regarding claim 3, Ueda, as modified by Takeshita 2006, Takeshita 2005, and Cheng hereinabove, discloses the health condition estimation system according to Claim 2. Ueda, as modified by Takeshita 2006, Takeshita 2005, and Cheng hereinabove, does not disclose wherein: the sensor unit includes a plurality of sensors having different sensitivities to the concentration of the specific gas, and the gas information includes a ratio of signal values of signals output by the plurality of sensors in each of the plurality of time sections.
However, Hasegawa 9875 directed to a biological information measurement system discloses wherein: the sensor unit includes a plurality of sensors (“hydrogen gas sensor 24, an odiferous gas sensor 26, a carbon dioxide sensor 28 …”, para. [0151]) having different sensitivities to the concentration of the specific gas (“first and second detectors that have different sensitivities to hydrogen gas and odiferous gas” “different sensitivity … improve accuracy of concentration or content”, Abstract, para. [0055, 0326]), and the gas information includes a ratio of signal values of signals output by the plurality of sensors in each of the plurality of time sections (figs. 32 & 37A-C, “plotted points … acquired by calculating a ratio between a response value … and a response value …”; “correction ratio … depending on a used period of each of the sensors”, para. [0330-0331, 0352]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ueda, as modified by Takeshita 2006, Takeshita 2005, and Cheng hereinabove, such that the sensor unit includes a plurality of sensors having different sensitivities to the concentration of the specific gas, and the gas information includes a ratio of signal values of signals output by the plurality of sensors in each of the plurality of time sections, in view of the teachings of Hasegawa 9875, for the obvious advantage of improving the accuracy of concentration or content of the gas component to be detected and correcting the output of the sensors with respective correction ratios.
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Ueda in view of Takeshita 2006, and Takeshita 2005, as applied to claim 1 above, and further in view of Infocom Corp, et al. (JP 2012165716 A English Translation) (herein Infocom).
Regarding claim 7, Ueda, as modified by Takeshita 2006 and Takeshita 2005 hereinabove, discloses the health condition estimation system according to Claim 1. Ueda, as modified by Takeshita 2006 and Takeshita 2005 hereinabove, does not disclose wherein: the controller is configured to generate the health information additionally based on a subject's food intake information.
However, Infocom directed to a system and computer software for supporting dietary and other measures for health promotion based on the determination of the type of intestinal resident bacteria (para. [0001, 0032]) discloses wherein: the controller (“computer software”, para. [0032]) is configured to generate the health information additionally based on a subject's food intake information (“dietary habits … dietary type … intake of specific food items … nutrients”, para. [0019, 0033, 0038-0040]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ueda, as modified by Takeshita 2006 and Takeshita 2005 hereinabove, such that the controller is configured to generate the health information additionally based on a subject's food intake information, in view of the teachings of Infocom, in order to determine the effectiveness of nutritional supplements such as probiotic preparations based on dietary type (dietary cluster) and disease type (disease cluster) and provide dietary support for health promotion.
Regarding claim 8, Ueda, as modified by Takeshita 2006, Takeshita 2005, and Infocom hereinabove, discloses the health condition estimation system according to Claim 7. Ueda, as modified by Takeshita 2006, Takeshita 2005, and Infocom hereinabove, does not disclose wherein: the food intake information includes at least one of a food ingested by the subject, and a nutrient contained in the ingested food.
However, Infocom discloses the food intake information (“dietary type”, para. [0019]) includes at least one of a food ingested by the subject, and a nutrient contained in the ingested food (“total intake of specific dietary items or the proportion of nutrients (protein carbohydrates, lipids …”, para. [0019]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ueda, as modified by Takeshita 2006, Takeshita 2005, and Infocom hereinabove, such that the food intake information includes at least one of a food ingested by the subject, and a nutrient contained in the ingested food, in view of the teachings of Infocom, in order to determine the effectiveness of nutritional supplements such as probiotic preparations based on dietary type (dietary cluster) and disease type (disease cluster) and provide dietary support for health promotion.
Regarding claim 9, Ueda, as modified by Takeshita 2006, Takeshita 2005, and Infocom hereinabove, discloses the health condition estimation system according to Claim 8. Ueda, as modified by Takeshita 2006, Takeshita 2005, and Infocom hereinabove, does not disclose wherein: the nutrient includes at least one of dietary fiber, starch, an oligosaccharide, a carbohydrate digestive enzyme inhibitor, and a protein.
However, Infocom discloses the nutrient (“nutrients”, para. [0019]) includes at least one of dietary fiber, starch, an oligosaccharide, a carbohydrate digestive enzyme inhibitor, and a protein (protein, carbohydrates, lipids, vitamins, minerals, dietary fiber”, para. [0019]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ueda, as modified by Takeshita 2006, Takeshita 2005, and Infocom hereinabove, such that the food intake information includes at least one of a food ingested by the subject, and a nutrient contained in the ingested food, in view of the teachings of Infocom, in order to determine the effectiveness of nutritional supplements such as probiotic preparations based on dietary type (dietary cluster) and disease type (disease cluster) and provide dietary support for health promotion.
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Ueda in view of Takeshita 2006, and Takeshita 2005, as applied to claim 1 above, and further in view of Hasegawa 0170 (US 20160220170 A1).
Regarding claim 11, Ueda, as modified by Takeshita 2006 and Takeshita 2005 hereinabove, discloses the health condition estimation system according to Claim 1. Ueda, as modified by Takeshita 2006 and Takeshita 2005 hereinabove, does not disclose wherein: in a case where a subject's intestinal bacterial status is obtained, the controller associates the intestinal bacterial status with identification information of the subject.
However, Hasegawa 0170 directed to a diagnosis system comprising a controller (fig. 2) discloses wherein: in a case where a subject's intestinal bacterial status is obtained (“physical condition … intestinal environment”; “intestinal bacteria”, para. [0229, 0314], fig. 20), the controller associates the intestinal bacterial status with identification information of the subject (“stores the physical condition display table, defecation dates and times of a test subject in association with identification information on the test subject”, para. [0159, 0240, 0287, 0298]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ueda, as modified by Takeshita 2006 and Takeshita 2005 hereinabove, such that in a case where a subject's intestinal bacterial status is obtained, the controller associates the intestinal bacterial status with identification information of the subject, in view of the teachings of Hasegawa 0170, in order to record and mutually relate, in a database, measurement data, reliability data, along with a measurement date and time, with identification information of each test subject.
Regarding claim 12, Ueda, as modified by Takeshita 2006, Takeshita 2005, and Hasegawa 0170 hereinabove, discloses the health condition estimation system according to Claim 11. Ueda, as modified by Takeshita 2006, Takeshita 2005, and Hasegawa 0170 hereinabove, does not disclose wherein: the controller is configured to give the intestinal bacterial status along with the identification information of the subject, which is associated with the intestinal bacterial status, to an analysis apparatus.
However, Hasegawa 0170 directed to a diagnosis system comprising a controller (fig. 2) discloses wherein: the controller (remote control 8 provided with the built-in data analyzer, fig. 2, para. [0154]) is configured to give the intestinal bacterial status (“physical condition … intestinal environment”; “intestinal bacteria”, para. [0229, 0314], fig. 20) along with the identification information of the subject (identification information, para. [0155]), which is associated with the intestinal bacterial status (“stores the physical condition display table, defecation dates and times of a test subject in association with identification information on the test subject”, para. [0159, 0240, 0287]), to an analysis apparatus (“remote control side 8 is communicatively connected to the server 12 … includes a data analysis circuit, para. [0158-0159]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ueda, as modified by Takeshita 2006, Takeshita 2005, and Hasegawa 0170 hereinabove, such that the controller is configured to give the intestinal bacterial status along with the identification information of the subject, which is associated with the intestinal bacterial status, to an analysis apparatus, in view of the teachings of Hasegawa 0170, in order to record and mutually relate, in a database, measurement data, reliability data, along with a measurement date and time, with identification information of each test subject.
Regarding claim 13, Ueda, as modified by Takeshita 2006, Takeshita 2005, and Hasegawa 0170 hereinabove, discloses the health condition estimation system according to Claim 12. Ueda, as modified by Takeshita 2006, Takeshita 2005, and Hasegawa 0170 hereinabove, does not disclose wherein: the controller is configured to obtain an estimation formula for calculating the health information at least based on the gas information, which is updated by the analysis apparatus.
However, Hasegawa 0170 directed to a diagnosis system comprising a controller (fig. 2) discloses wherein: the controller (remote control 8 provided with the built-in data analyzer, fig. 2, para. [0154]) is configured to obtain an estimation formula for calculating the health information at least based on the gas information, which is updated by the analysis apparatus (“declares the information on the above via the device 10 … physical condition display table and the diagnosis table are created for each age and sex of test subjects, and are updated in succession to be suited to each piece of information inputted to the server 12”, para. [0300-0301], fig. 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ueda, as modified by Takeshita 2006, Takeshita 2005, and Hasegawa 0170 hereinabove, such that the controller is configured to obtain an estimation formula for calculating the health information at least based on the gas information, which is updated by the analysis apparatus, in view of the teachings of Hasegawa 0170, for the obvious advantage of providing a latest physical condition display table which is suited to the test subject who performed measurement of physical condition.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Ueda in view of Takeshita 2006, Takeshita 2005, and Hasegawa 0170, as applied to claim 11 above, and further in view of Ikeda (US 20190195763 A1).
Regarding claim 14, Ueda, as modified by Takeshita 2006, Takeshita 2005, and Hasegawa 0170 hereinabove, discloses the health condition estimation system according to Claim 11. Ueda, as modified by Takeshita 2006, Takeshita 2005, and Hasegawa 0170 hereinabove, does not disclose wherein: the controller is configured to update an estimation formula for calculating the health information at least based on the gas information by conducting a multiple regression analysis based on the intestinal bacterial status associated with information used for generating the health information.
However, Hasegawa 0170 directed to a diagnosis system comprising a controller (fig. 2) discloses wherein: the controller (remote control 8 provided with the built-in data analyzer, fig. 2, para. [0154]) is configured to update an estimation formula for calculating the health information at least based on the gas information (“declares the information on the above via the device 10 … physical condition display table and the diagnosis table are created for each age and sex of test subjects, and are updated in succession to be suited to each piece of information inputted to the server 12”, para. [0300-0301], fig. 13) by conducting analysis based on the intestinal bacterial status associated with information used for generating the health information (“analyzed … health improvement measure … defecation gas data … associated … intestinal bacteria”, para. [0314]). Hasegawa further discloses by associating the time-dependent change characteristic of the test subject defecation gas data with supplements, health food, medicines, dietary habits, exercise habits and the like, the effect of the measures for health can be verified.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ueda, as modified by Takeshita 2006, Takeshita 2005, and Hasegawa 0170 hereinabove, such that the controller is configured to update an estimation formula for calculating the health information at least based on the gas information by conducting analysis based on the intestinal bacterial status associated with information used for generating the health information, in view of the teachings of Hasegawa 0170, for the obvious advantage of verifying the effect of the measures for health by associating the time-dependent change characteristic of the test subject defecation gas data with supplements, health food, medicines, dietary habits, exercise habits and the like.
Ueda, as modified by Takeshita 2006, Takeshita 2005, and Hasegawa 0170 hereinabove, does not disclose conducting a multiple regression analysis based on the intestinal bacterial status associated with information used for generating the health information.
However, Ikeda discloses conducting a multiple regression analysis (“calculating the concentration of the component to be detected … multiple regression analysis”, para. [0043-0045], figs. 3A-3B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ueda, as modified by Takeshita 2006, Takeshita 2005, and Hasegawa 0170 hereinabove, such that the controller is configured to conduct a multiple regression analysis, in view of the teachings of Ikeda, as such a modification would have yielded predictable results, namely calculating the concentration of the component to be detected and verifying the effect of the measure of health by using multiple regression analysis to analyze the health improvement measure and defecation gas data.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Imoto (US 20050252273 A1) directed to a gas detection device; Onda (US 20200393430 A1) directed to a sensor apparatus 30 comprising a sensor unit 40 including one or more gas detection elements 60 (figs. 2-3, para. [0036-0039, 0050]).
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/CHARLES A MARMOR II/Supervisory Patent Examiner
Art Unit 3791
/A.E.H./Examiner, Art Unit 3791