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 .
DETAILED ACTION
This final office action is prepared in response to amendments and arguments filed by Applicant on April 30, 2026 as a reply to the non-final office action mailed on February 19, 2026.
Claims 7 and 17 have been cancelled.
Claims 1-6, 8-16 and 18-22 are pending.
Claims 1-6, 8-16 and 18-22 are rejected.
Response to Arguments
The claim amendments and Applicant’s arguments filed on April 30, 2026 have been carefully considered but deemed unpersuasive in view of the new grounds of rejection as set forth below, necessitated by Applicant’s substantial amendments to the claims which significantly affected the scope thereof, and will require further search and consideration.
Accordingly, THIS ACTION IS MADE FINAL. See MPEP 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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.
Claims 1-6, 8-16 and 18-22 are rejected under 35 U.S.C. 103 as being unpatentable over Aliper et al. (US 2020/0286625) in view of Damani et al. (US 2014/0089836).
Regarding claim 1, Aliper disclosed an apparatus for enhancing longevity (Aliper, [0002], “extending organismal life spans…”), wherein the apparatus comprises:
at least a processor; and a memory communicatively connected to the at least a processor (Aliper, Fig. 14) the memory containing instructions configuring the at least a processor to:
receive a baseline measurement for a user, wherein the baseline measurement is measured during a baseline assessment (Aliper disclosed in [0076] that “the transcriptome signature is compared to a baseline transcriptome signature that is constructed from more than one tissue or organ transcriptome signature” which means that the baseline transcriptome signature is constructed in a separate assessment performed for the baseline), wherein the baseline measurement comprises a biomarker pathway measurement (Aliper, [0050, 0051, 0059, 0060], “ receiving a first transcriptome signature derived from a patient tissue or organ”; Aliper, Abstract, “The biological data signature can be based on biological pathway activation signatures for genomics, transcriptomics, proteomics, methylomics, metabolomics, lipidomics, glycomics, or secretomics.”);
compare the baseline measurement to a longevity enhancement threshold (Aliper, [0050, 0051, 0059, 0060], “receiving a second transcriptome signature derived from a baseline” and “computing a difference between predicted ages for the signature of (a) and the signature of (b)”; said baseline is equivalent to the threshold in the claim); and
generate a vitality enhancement program for the user as a function of the comparison of the baseline measurement and the longevity enhancement threshold (Aliper, [0047, 0048, 0058], “a method can include developing a drug therapy based on the output”),
wherein the vitality enhancement program further comprises a treatment schedule and a plurality of vitality enhancement programs (Aliper, [0062], “The present invention also relates to a multi-stage therapeutic for treating senescence (aging) of whole organisms (in particular, human individuals)…; Aliper, [0238], “The whole multi-stage longevity therapeutics pipeline (stages 1-4) can be applied recurrently. The period between the therapies is defined individually on the tissue (organ)-specific basis and may vary from 1 month to 10 years.”) comprising:
a first vitality enhancement program comprising consuming a first consumable ingredient at a first frequency and a first duration; and a second vitality enhancement program comprising consuming a second consumable ingredient at a second frequency and a second duration, wherein the first vitality enhancement program is a prerequisite treatment for the second vitality enhancement program, wherein the first consumable ingredient is different than the second consumable ingredient (Aliper, [0069-0078] disclosed how the personalized drug treatment protocol is developed using machine learning platforms and [0227-0239] disclosed that the multi-stage longevity therapeutic pipeline as disclosed in Fig. 2 can be applied recurrently).
Aliper might not have explicitly disclosed
wherein receiving the baseline measurement includes receiving the baseline measurement based on a longevity category comprising a longevity subcategory which includes at least musculoskeletal healing.
However, Aliper disclosed in the abstract that his invention is about using proteome markers derived from a tissue or organ of the subject to determine a biological aging clock and methods for delaying aging, which falls under the study of musculoskeletal healing.
Aliper further disclosed [0059, 0060, 0071, 0072, 0075] of “receiving a second transcriptome signature and/or second proteome signature derived from a baseline”.
Said disclosures by Aliper could be combined to make the claim limitation “wherein receiving the baseline measurement includes receiving the baseline measurement based on a longevity category comprising a longevity subcategory which includes at least musculoskeletal healing” obvious.
Furthermore, Aliper might not have explicitly disclosed but Damani disclosed
wherein the vitality enhancement program comprises a testing schedule, wherein the testing schedule comprises a schedule for repeating the baseline assessment at a specified interval (Damani disclosed in [0052] that “The mobile health devices 102A may be configured to continually collect and report data to the dashboard database in real-time or at periodic increments so the user profile can be continually updated to provide the most relevant information about the user's health and wellness”); and
wherein the baseline measurement further comprises:
a performance measurement comparison metric based on an evaluation of the user’s ability to perform a predetermined physical task (Damani disclosed in [0068] that user's VO2 and heart rate recovery time are collected when a user exercise on a treadmill and such data is used as another data point to assess the user's overall health and fitness.”) in comparison to an average ability to perform the predetermined physical task (Damani disclosed in paragraphs [0091-0092] a health grading mechanism based on a user’s RevUp age, which is calculated by comparing a user’s VO2 data to the average VO2 data collected from people of all ages); and
one or more lifestyle factors associated with the user (Damani disclosed in [0067] that “Fitness data may relate to exercise routines, types of workouts, length of time spent on exercise, calories burned, heart rates achieved, etc., while environmental data may relate generally to a user's lifestyle choices, such as sleep, smoking habits, commute times to works and hobbies and sports.”);
One of ordinary skill in the art would have been motivated to combine Aliper and Damani because both references disclosed methods and systems that help patients improve their health and life span by analyzing vital signals, biomarkers and fitness data of a user and recommend treatment/improvement plans (Aliper, Abstract; Damani, Abstract).
Therefore, it would have been obvious for one of ordinary skill in the art to integrate into Aliper’s system and method Damani’s teaching of assessing a user’s health and wellness by also collecting and analyzing the user’s fitness data so that Aliper’s system can make a more accurate assessment of a patient’s health state.
Claim 11 lists substantially the same subject matter as claim 1, in method form rather than apparatus form, therefore is rejected based on the same rationale.
Regarding claims 2 and 12, Aliper and Damani disclosed the subject matter of claims 1 and 11, respectively.
Aliper further disclosed wherein the baseline measurement comprises an energy comparison metric based on an evaluation of telomere length (Aliper, [0006], “Many biomarkers of aging have been proposed including telomere length”).
Regarding claims 3 and 13, Aliper and Damani disclosed the subject matter of claims 1 and 11, respectively.
Aliper further disclosed wherein the baseline measurement comprises comparison of telomere length based on the biomarker pathway measurement, wherein the comparison is between the telomere length of the user and an average value of telomere length for a person with a characteristic that corresponds to the user (Aliper, [0139], “Fold changes between the gene expression levels in the samples under investigation and an average expression level of samples within the normal set is used as input data for the iPANDA algorithm”).
Regarding claims 4 and 14, Aliper and Damani disclosed the subject matter of claims 1 and 11, respectively. Aliper further disclosed wherein the baseline measurement comprises a longevity measurement (Aliper, [0005, 0104], “life span”).
Regarding claims 5 and 15, Aliper and Damani disclosed the subject matter of claims 1 and 11, respectively. Aliper further disclosed wherein the baseline measurement comprises comparison between the user and an average value for a person with a characteristic that corresponds to the user (Aliper, [0139, 0169]).
Regarding claims 6 and 16, Aliper and Damani disclosed the subject matter of claims 1 and 11, respectively. Aliper further disclosed wherein the baseline measurement comprises a rate of aging comprising a numerical difference between a first baseline measurement and a second numerical measurement, wherein the numerical difference is divided by a time between the first baseline measurement and the second baseline measurement (Aliper, [0278, 0335]).
Regarding claims 8 and 18, Aliper and Damani disclosed the subject matter of claims 1 and 11, respectively. Aliper further disclosed wherein generating the vitality enhancement program for the user comprises generating the vitality enhancement program as a function of a plurality of longevity categories (Aliper, [0066, 0067]).
Regarding claims 9 and 19, Aliper and Damani disclosed the subject matter of claims 1 and 11, respectively. Aliper further disclosed wherein generating the vitality enhancement program further comprises: training a machine-learning process using vitality training data, wherein vitality training data contains a plurality of inputs containing baseline measurements and longevity enhancement thresholds correlated with a plurality of outputs containing vitality enhancement programs; and generating the vitality enhancement program for the user as a function of the trained machine-learning process (Aliper, Fig. 6, [0078, 0092, 0142, 0146] contains disclosure of how the machine learning model is trained using biomarker data ).
Regarding claims 10 and 20, Aliper and Damani disclosed the subject matter of claims 1 and 11, respectively. Aliper further disclosed wherein generating the vitality enhancement program further comprises: receiving an updated baseline measurement; comparing the updated baseline measurement to the longevity threshold; and updating the vitality enhancement program as a function of the comparison of the updated baseline measurement and the longevity enhancement threshold (Aliper, [0227-0239]).
Regarding claims 21 and 22, Aliper disclosed the subject matter of claims 1 and 11, respectively.
Aliper further disclosed wherein the baseline measurement comprises a performance measurement of the user based on a static balance and a dynamic balance of the user (Aliper, [0046], Damani, [0048]); and
comparing the baseline measurement to the longevity enhancement threshold comprises classifying the longevity enhancement threshold to a performance category and calculating the longevity enhancement threshold as a function of the performance measurement of the user (Aliper, [0046]; Damani, [0035]).
One of ordinary skill in the art would have been motivated to combine Aliper and Damani because both references disclosed methods and systems that help patients improve their health and life span by using machine learning techniques to analyze vital signals and biomarkers and recommend treatment plans (Aliper, Abstract; Damani, Abstract and [0098, 0099]).
Therefore, it would have been obvious for one of ordinary skill in the art to combine the teachings of treatment plan development by Aliper and Damani.
Related Prior Art
Atmaram et al. is directed to a unified system for cardiometabolic health testing, activity and exercise monitoring, and user education and engagement.
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 extension fee 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIRLEY X ZHANG whose telephone number is (571)270-5012. The examiner can normally be reached 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joon H Hwang can be reached at 571-272-4036. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHIRLEY X ZHANG/Primary Examiner, Art Unit 2447
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