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 .
Status of Claims
This action is in reply to the amendments and remarks filed on 13 August 2025.
Claims 1, 3, 5, 7, 14, 15, 16 and 17 have been amended.
Claims 2, 6, 8 and 9 have been canceled.
Claims 1, 3-5, 7, and 10-18 are currently pending and have been examined.
Response to Amendment
Applicant’s amendments are sufficient to obviate the 112f interpretation and overcome the 112 rejections previously raised. Those rejections are respectfully withdrawn.
Applicant’s amendments are insufficient to overcome the 101 rejections previously raised. Those rejections are respectfully maintained and updated below as necessitated by the amendments to the claims.
Applicant’s amendments are sufficient to overcome the 102 rejection previously raised and have necessitated new grounds of rejection under 103, see below.
Response to Arguments
Applicant’s arguments filed on 13 August 2025 have been fully considered but are not persuasive.
Regarding the 101, Applicant argues that the claims are eligible under 101 because they are directed to a specific improvement in computer based schedule management. Examiner respectfully disagrees. Any purported improvement to the scheduling process is wholly within the identified abstraction. The additional elements recited fail to integrate the abstract idea into a practical application nor do they amount to significantly more.
Applicant argues that the recited steps of the claim are not mental processes. Examiner respectfully disagrees. Nothing in the claim precludes the steps from being done the same way mentally or manually. The steps for acquiring, determining, assigning, and adjusting are merely applied by the computer. The use of a computer in a generalized fashion does not meaningfully limit the otherwise abstract claims. In order for the addition of a machine to impose a meaningful limit on the scope of a claim, it must play a significant part in permitting the claimed method to be performed, rather than function solely as an obvious mechanism for permitting a solution to be achieved more quickly as is the case in the instant application’s claims.
Applicant argues that the cited features recite a practical application of solving a real work problem of lifestyle management through dynamic scheduling adjustments and parallel biometric monitoring to improve task execution. Examiner respectfully disagrees. The standard for 101 requires that when an abstract idea is recited any additional elements would need to integrate the abstract idea into a practical application to be eligible under 101 under step 2A Prong 2. The instant application’s claims recite an abstract idea and a number of additional elements that perform extra solution activity. The recited additional elements merely extract/retrieve, detect/gather, register/store and output. These steps are recited at a high level of generality and when reconsidered are determined to be well-understood, routine and conventional activity in the field. The specification does not provide any indication that the system components are anything other than generic, off the shelf computer components, and the Symantec, TLI and OIP Techs. court decisions in MPEP 2106.05 indicate that the mere collection/detection/storage, receipt or transmission of data over a network is a well-understood, routine and conventional function when it is claimed in a merely generic manner, as it is here. The 101 rejection is respectfully maintained and updated below as necessitated by the amendments to the claims.
Regarding the 102, Applicant argues that Tran fails to teach at least one of heart rate, pulse rate, etc. or the entirety of the amended claims. These arguments have been fully considered but are moot in view of the new grounds of rejection necessitated by the amendments to the claims. See new grounds of rejection set forth below.
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, 3-5, 7, and 10-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Independent Claims 1, 16 and 17 recite limitations for acquiring information, where an exercise amount achieved is determined based on means used and traveling time required, assigning at least one working place to the first user and adjusting the assignment based on the target exercise amount and feedback. These limitations, as drafted, illustrate a process that, under its broadest reasonable interpretation, covers performance of the limitations in the mind. Acquiring data, making determinations, assigning or associating a working place with a user and adjusting an assignment illustrate high level observation and evaluation type functions that could be done the same way mentally or manually with a pen and paper. But for the configured processor, the claims encompass a user simply observing, assessing, assigning and adjusting data in their mind. The mere nominal recitation of a generic computer component or computer system environment does not take the claim limitations out of the mental processes grouping. As a whole the claim illustrates a method for schedule management which manages personal behavior or relationships between people and thus demonstrates a certain method of organizing human activity. Thus, the claims recite an abstract idea.
This judicial exception is not integrated into a practical application. The claims recite additional elements including a processor configured to extract a working place from a database that stores information, detect sensor based feedback, register the adjusted assignment in the database and output information, as well as the processor of the system configured to execute the acquiring, determining, assigning, and adjusting steps. The extracting, detecting, registering and outputting are recited at a high level of generality and amount to mere data gathering and transmission, which are forms of insignificant extra solution activity. The processor that performs the acquisition, determining, assigning and adjusting are also recited at a high level of generality and merely automate those steps. Each of the additional components is no more than mere instructions to apply the exception using a generic computer component. The combination of these additional elements is no more than mere instructions to apply the exception in a generic computer environment with generic computer components. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application. The claims are directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed with respect to step 2A Prong 2, the additional elements in the claims amount to no more than mere instructions to apply the exception using a generic computer component or linking the steps to a generic computer environment. The same analysis applies here in 2B and does not provide an inventive concept.
For the extracting, detecting, registering and outputting steps that were considered extra solution activity in step 2A above, these have been re-evaluated in step 2B and determined to be well-understood, routine and conventional activity in the field. The specification does not provide any indication that the system components are anything other than generic, off the shelf computer components, and the Symantec, TLI and OIP Techs. court decisions in MPEP 2106.05 indicate that the mere collection/storage, receipt or transmission of data over a network is a well-understood, routine and conventional function when it is claimed in a merely generic manner, as it is here.
Dependent claims 3-5, 7, 10-15 and 18 include all of the limitations of claim 1 and therefore recite the same abstract idea. The claims merely narrow the recited abstract idea by describing additional observation and evaluation steps including acquiring, determinations, calculations, descriptions of data and exercise amounts, information, and differences. The additional elements recited fail to transform the claims into a patent eligible invention but instead describe additional extraction, outputting/not outputting and a UI for displaying that do not integrate the abstract idea into a practical application nor do they amount to significantly more.
Accordingly, claims 1, 3-5, 7, and 10-18 are not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
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.
Claims 1, 3-5, 7, and 10-18 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Number 2013/0095459, Tran, et al., hereinafter “Tran” in view of Firminger et al. (US 20130144919)
As per Claim 1 Tran teaches:
A schedule management system comprising: a processor configured to:
acquire information including a target exercise amount of a first user for each predetermined period (Tran in at least [0077], the system can determine the amount of time for exercise and para. 476, the user tasks data);
acquire information including traveling time required when the first user moves from a residence place to each of a plurality of predetermined working places (Tran in at least [0020, 0049, 0177, 0183, 0213, 0218, 0273-0274, 0283, 0293] describe tracking user patterns and activity along with movement between different geophysical positions, distances and direction as well as measurements of travel between locations including work locations/work addresses and home locations);
acquire information including at least one of: a mandatory working place that the first user must visit, or a working place to which the first user cannot move, for the predetermined period (Tran in at least [0020, 0049, 0177, 0183, 0213, 0218, 0273-0274, 0283, 0293] describe tracking user patterns and activity along with movement between different geophysical positions, distances and direction as well as measurements of travel between locations between locations including work locations/work addresses and home locations, para. 495, the system can also provide personalized recommendations based on the user information. For example, if a user is so obese that he/she cannot walk, then "start walking" would not be a transmitted recommendation for the user in response to test results showing that the user has increased blood glucose);
extract, based on the acquired information, at least one working place from a database (Tran in at least [0293, 0475-0480], describe dynamic habits data including user locations such as sitting in an office, Get users' static information (such as scheduled tasks, timetable, time, etc. and data relating to tasks, the user, activities, meetings, dates, mailing address, [0177] describes how the habit data can be stored in a database) and
the working place being a place at which the first user is predicted to achieve an exercise amount corresponding to the target exercise amount for each predetermined period, wherein the database stores, for each of a plurality of predetermined working places, a corresponding exercise amount achieved when the first user moves from the residence place to that working place (Tran in at least para. 77, the system can determine the amount of time for exercise, para. 0293, 404-0405, process determines and recommends an exercise routine that is customized, and para. 0475-0480, the user tasks, location information data and other dynamic and static data are stored in the database and used for recommendations, para. 333, All adults should set a long-term goal to accumulate at least 30 minutes or more of moderate-intensity physical activity on most, and preferably all, days of the week, para. 405, process determines and recommends an exercise routine that is customized);
wherein the exercise amount achieved is determined based on the traveling time required by the first user (Tran in at least [0020, 0049, 0177, 0183, 0213, 0218, 0273-0274, 0283, 0293] describe tracking user patterns and activity along with movement between different geophysical positions, distances and direction as well as measurements of travel between locations);
assign the extracted at least one working place to the first user as a working place for each predetermined period (Tran para. 495, the system can also provide personalized recommendations based on the user information, i.e. a working place for a time period);
detect sensor-based feedback during the predetermined period, the sensor-based feedback comprising at least one of: a heart rate, a pulse rate, a calorie consumption, or a weight change of the first user, wherein the feedback is associated with movement to an assigned working place (Tran in at least [0011, 0048, 0051-0055, 0078, 0124] describe detecting and monitoring sensor data including heart rate, pulse rate, pressure, blood oxygen, blood pressure or a weight scale data point associated with activities);
adjust the assignment of the at least one working place for the other one or more predetermined periods based on the target exercise amount and the detected sensor-based feedback; register the adjusted assignment in the database (Tran in at least [0436, 0456, 0476] describes the ability to view its appointment book on a real time updated basis, reservations are put into the platform and update the schedule database); and
output information about the adjusted working place assignment and a corresponding transportation means assigned to the first user for the predetermined period, the output satisfying both a target exercise amount preset for the first user and a condition regarding a working place to which the first user cannot move (Tran in at least [0436, 0456, 0476] describes the ability to view its appointment book on a real time updated basis, reservations are put into the platform and update the schedule database)
Tran in at least para. 20 describes that information can be viewed using an Internet-based website, a personal computer, or simply by viewing a display on the monitor and in at least [0436, 0456, 0476] describes the ability to change and update appointments and schedules
Tran does not teach but Firminger teaches:
acquire information including transportation means used (Firminger in at least [0379, 1490, 1629, 1744, 1789, 1866] describe acquiring information including a transportation vehicle type or device);
acquire information including at least one of: a mandatory working place that the first user must visit, or a working place to which the first user cannot move, for the predetermined period (Firminger in at least [0763 and 0792] describe logistical limits including geographical locations that prevent users from participating in certain activities or work as well as portions of work that must be done at certain locations, specifically a work place, e.g. a mandatory working place a user must visit, and certain portions that must be done at home)
wherein the exercise amount achieved is determined based on the transportation means used and the traveling time required by the first user (Firminger in at least [0379, 0392, 1490, 1629, 1744, 1789, 1866] describe acquiring information including a transportation vehicle type or device, [0427, 0563, 0571, 0639, 0652] describe reporting behavior incidences including exercise amounts based on tracked, monitored and observed activities)
corresponding transportation means assigned to the first user for the predetermined period (Firminger in at least [0379, 0392, 1490, 1629, 1744, 1789, 1866] describe acquiring information including a transportation vehicle type or device, [0427, 0563, 0571, 0639, 0652] describe reporting behavior incidences including exercise amounts based on tracked, monitored and observed activities),
Therefore, it would be obvious to one of ordinary skill in the art to modify the ability to acquire information that is a basis for extracting a working place predicted to achieve a target to include techniques for utilizing movement from specified transportation means as part of the assignment/allocation optimization because each of the elements were known, but not necessarily combined as claimed. The technical ability exists to combine the elements as claimed and the result of the combination is predictable because each of the elements perform the same function as they did individually. The utilizing transportation means as a factor for determining and adjusting work place assignments, the combination enables personalized plans where specific aspects are monitored and reported that are most relevant to the achievement of specific target outcomes, thus improving customization and overall optimization.
As per Claim 3 Tran further teaches:
wherein the processor is further configured to acquire the information about the residence place of the first user and the plurality of predetermined working places, and calculate, for each of the plurality of predetermined working places, an exercise amount that is achieved when the first user moves from the residence place of the first user to that working place based on the information about the residence places, and registers the calculated exercise amounts in the database (Tran in at least para. 25, Feedback reports can be sent to monitored subjects and utilizes activity, pattern and other monitored data including user movement, travel and location information as is described above, their designated informal caregiver and their remote healthcare provider. Feedback to the individual can encourage the individual to remain active and para. 384, the system's workflow helps the doctor with setting goals with the patient, establishing a bond of trust and loyalty, and providing positive feedback for improving compliance, [0436, 0456, 0476] describes the ability to view its appointment book on a real time updated basis, reservations are put into the platform and update the schedule database).
As per Claim 4 Tran further teaches:
wherein the exercise amount for each of the plurality of predetermined working places that is achieved when the first user moves from the residence place to the working place includes an exercise amount during a work performed in the working place (Tran para. 405, The process then correlates actual patient activity with the recommended exercises and para. 408 and location and movement tracking are part of the activity monitoring, Another chart shows calories from fats, protein, carbohydrates and alcohol in comparison with a similar chart of recommended percentages of calorie intake to show deficiencies in the source of calories and the need to reduce calorie intake from other sources).
As per Claim 5 Tran further teaches:
acquire the information about a first working place where the first user should stay for a first period included in the predetermined period, and extracts, from the database, at least one working place which includes the first working place for the first period and with which the first user achieves the exercise amount corresponding to the target exercise amount for each predetermined period, and assigns the extracted at least one working place to the first user as the working place for the predetermined period (Tran para. 25, Feedback reports can be sent to monitored subjects, their designated informal caregiver and their remote healthcare provider. Feedback to the individual can encourage the individual to remain active, e.g. continue activity at a certain location, and para. 384, the system's workflow helps the doctor with setting goals with the patient, establishing a bond of trust and loyalty, and providing positive feedback for improving compliance).
As per Claim 7 Tran further teaches:
acquire the information about a congestion state of each of the plurality of predetermined working places, and extracts, from the database and based on the congestion states, at least one working place with which the first user achieves the exercise amount corresponding to the target exercise amount for each predetermined period, and assigns the extracted at least one working place to the first user as the working place for the predetermined period (Tran in at least [0433-0434, 0440-0448] describe information related to the availability in real time, remaining bookings or staffing related information).
As per Claim 10 Tran further teaches:
wherein the target exercise amount is a target calorie consumption of the first user (Tran para. 408, Another chart shows calories from fats, protein, carbohydrates and alcohol in comparison with a similar chart of recommended percentages of calorie intake to show deficiencies in the source of calories and the need to reduce calorie intake from other sources).
As per Claim 11 Tran further teaches:
wherein the target exercise amount is determined based on a difference between a target weight and a current weight of the first user (Tran para. 494, For example, eat X calories of carbohydrates selected from "your favorite veg. or non-veg. food" (e.g., mashed potatoes and green beans). Eat X calories of proteins selected from your favorite shrimp and egg whites. Similarly recommendations for exercise can include duration and exertion level.).
As per Claim 12 Tran further teaches:
wherein the target exercise amount is determined based on a difference between a difference between a target body fat percentage and a current body fat percentage of the first user (para. 400, body analysis data is determined from enrollment data, and include: body mass ratio, pounds of lean muscle mass, percentage of body fat and an optimal range for the specific individual of that percentage, pounds of body fat and an optimal range of body fat for that specific individual, and suggested pounds of body fat to lose. The body analysis includes the following: Basal Metabolic Rate (BMR) is the number of calories burned by the patient's lean body mass in a 24 hour period at complete rest using formulas such as the Harris-Benedict formula or other suitable formulas. Specific Dynamic Action of Foods (SDA) is the numbers of calories required to process and utilize consumed foods (in one case estimated at 5-15% of BMR, depending on personalization)).
As per Claim 13 Tran further teaches:
wherein the target exercise amount is determined based on a difference between a target body shape and a current body shape of the first user (para. 400, body mass ratio, pounds of lean muscle mass, percentage of body fat and an optimal range for the specific individual of that percentage, pounds of body fat and an optimal range of body fat for that specific individual, and suggested pounds of body fat to lose. The body analysis includes the following: Basal Metabolic Rate (BMR) is the number of calories burned by the patient's lean body mass in a 24 hour period at complete rest using formulas such as the Harris-Benedict formula or other suitable formulas.).
As per Claim 14 Tran further teaches:
wherein a user interface displays information about the working place assigned to the first user on a monitor (Tran para. 20, Information can be viewed using an Internet-based website, a personal computer, or simply by viewing a display on the monitor).
As per Claim 15 Tran further teaches:
acquire, for each of a plurality of users including the first user, information about the target exercise amount for each predetermined period (Tran in at least [0077], the system can determine the amount of time for exercise and para. 476, the user tasks data), extracts, from the database, for each of the plurality of users, at least one working place with which that user achieves an exercise amount corresponding to the target exercise amount for each predetermined period (Tran in at least [0293, 0475-0480], describe dynamic habits data including user locations such as sitting in an office, Get users' static information (such as scheduled tasks, timetable, time, etc. and data relating to tasks, the user, activities, meetings, dates, mailing address, [0177] describes how the habit data can be stored in a database), and assigns the extracted at least one working place to that user as the working place for the predetermined period (Tran in at least para. 77, the system can determine the amount of time for exercise, para. 0293, 404-0405, process determines and recommends an exercise routine that is customized, and para. 0475-0480, the user tasks, location information data and other dynamic and static data are stored in the database and used for recommendations, para. 333, All adults should set a long-term goal to accumulate at least 30 minutes or more of moderate-intensity physical activity on most, and preferably all, days of the week, para. 405, process determines and recommends an exercise routine that is customized), and output the information about the working places assigned to the users by the place assignment unit (Tran para. 20, Information can be viewed using an Internet-based website, a personal computer, or simply by viewing a display on the monitor.).
As per Claims 16-17 the limitations are substantially similar to those set forth in Claim 1 and are therefore rejected based on the same reasons and rationale set forth in the rejection of Claim 1 above. Tran further discloses a non-transitory computer readable storage medium storing a control program for causing a computer to perform a series of steps, (para. 206, Communicating the prescription over the network to the pharmacy may also include communicating the prescription to the pharmacy via a hypertext link included in a relevant segment of a protocol stored in a database resident on a digital storage medium)
As per Claim 18 Trans does not teach but Firminger further teaches:
wherein in response to the assigned at least one working place for the predetermined period that is the residence place of the user, information about transportation means is not outputted (Firminger in at least [0763 and 0792] describe logistical limits including geographical locations that prevent users from participating in certain activities or work, e.g. not displaying work, as well as portions of work that must be done at certain locations, specifically a work place, e.g. a mandatory working place a user must visit, and certain portions that must be done at home).
Firminger is combined based on the same reasons and rationale set forth in the rejection of Claim 1 above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. 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).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE Z DELICH whose telephone number is (571)270-1288. The examiner can normally be reached on Monday - Friday 7-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rutao Wu can be reached on 571-272-6045. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEPHANIE Z DELICH/Primary Examiner, Art Unit 3623