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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 ----3/11/2026 has been entered.
Status of Claims
Claims 1-6 and 8-21 are currently pending and have been examined.
Claims 1, 18-19, and 21 have been amended.
Claim 7 has been canceled.
Claims 1-6 and 8-21 have been rejected.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/01/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The information disclosure statement filed 5/29/2026 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein in the lined through reference has not been considered.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Such claim limitation(s) is/are:
Determination means of claims 1-2, 4, 6, 8-9, and 16
Registration means of claims 1 and 3-5
Goal setting means of claims 1 and 19
Goal achieving condition deriving unit of claims 1 and 19
Advice output means of claim 9
Action deriving means of claim 11
Rewarding means of claim 15
Because these claim limitation(s) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
The Examiner has reviewed the as filed disclosure and determined the following:
Determination means of claims 1-2, 4, 6, 8-9, and 16
The Applicant’s specification at paragraph 27 discloses, “A group registration program of an aspect of the disclosure causes a computer to function as: determination means for, based on physical information indicating a physical state of a user.” Further, as disclosed below, Para 42, 110, 32, and Figure 2 further disclose a user type determination unit 40 (determination means). Therefore, the specification discloses proper support for the determination means.
Registration means of claim 1 and 3-5
The Applicant’s specification at paragraph 27 discloses, “A group registration program of an aspect of the disclosure causes a computer to function as: and registration means for registering a user whose user type has been determined by the determination means for a group to which another user having a commonality belongs.” Further, as disclosed below, Para 42, 110, 32, and Figure 2 further disclose a user registration unit 44 (registration means). Therefore, the specification discloses proper support for the registration means.
Goal setting means (of claim 1 and 19), goal achieving condition deriving unit (of claim 1 and 19), advice output means (of claim 9), action deriving means (of claim 11), and the rewarding means (of claim 15)
The Applicant’s specification at para 42 discloses, “the server 14 of the embodiment comprises: an arithmetic unit 30 comprising a CPU (Central Processing Unit) or the like,” and para 43 discloses, “the arithmetic unit 30 of the embodiment comprises a user type determination unit 40, a metabolic age determination unit 42, a user registration unit 44, a goal setting unit 46, a group registration unit48, an advice output unit 50, a goal-achieving condition deriving unit 52, an action menu deriving unit 54, and a rewarding unit56. In the embodiment, each function that the arithmetic unit 30 has is implemented by, for example, the arithmetic unit 30 executing a program stored in the storage36,” and para 110 discloses, “User type determination unit (Determination means) 46: Goal setting unit (Goal setting means) 48: Group registration unit (Registration means) 50: Advice output unit (Advice output means) 52: Goal-achieving condition deriving unit 54:Action menu deriving unit (Action deriving means) 56: Rewarding unit (Rewarding means).” Para 32 further discloses, “Each portable terminal device12 is installed with application software (hereinafter referred to as the "group app") that allows for registration for a group in the embodiment, communication with another user in the group, reading and sending of information in the group, and the like.” Finally, Figure 2 discloses the units within the arithmetic unit 30 that is a part of the server 14. Therefore, the specification discloses proper support for the instances in the claims that utilize “means” with functional language.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-6 and 8-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claimed invention is directed to an abstract idea without significantly more. Claims 1-6 and 8-21 are directed to a system, method, or product which are one of the statutory categories of invention. (Step 1: YES).
Independent Claim 1 discloses a group registration device comprising: determination means for, based on physical information indicating a physical state of a user, determining a user type representing the physical state of the user based on a combination of two or more pieces of the physical information selected by the user wherein the physical state of the user includes a body composition of the user; registration means for automatically registering a user whose user type has been determined by the determination means for a group in which the combination of two or more pieces of physical information are in common with the group; goal setting means for setting a goal for the physical state of the user; and goal-achieving condition deriving unit for calculating a specific target amount of change required for the user to reach a target body shape inputted as the goal based on a difference between the body composition of the user and the target body shape, and presenting the specific target amount of change to the user, wherein the group registration device is configured to receive measured physical information of the user from a body composition analyzer, wherein the registration means is configured to register the user to a group using an abstract user type based on the physical information, and wherein the group registration device is configured to transmit the abstract user type or physical information of the user to a mobile terminal.
Independent Claim 18 discloses a group registration method having: receiving measured physical information indicating a physical state of a user from a body composition analyzer, determining, based on physical information indicating a physical state of the user, a user type representing the physical state of the user based on a combination of two or more pieces of the physical information selected by the user; wherein the physical state of the user includes a body composition of the user; determining an abstract user type based on the physical information; automatically registering the user whose abstract user type has been determined for a group to which another user having a commonality belongs; setting a goal for the physical state of the user; and calculating a specific target amount of change required for the user to reach a target body shape inputted as the goal based on a difference between the body composition of the user and the target body shape, and presenting the specific target amount of change to the user, transmitting the abstract user type or physical information of the user to a mobile terminal.
Independent Claim 19 discloses a group registration program for causing a computer to function as: determination means for, based on physical information indicating a physical state of a user, determining a user type representing the physical state of the user based on a combination of two or more pieces of the physical information selected by the user; wherein the physical state of the user includes a body composition of the user; registration means for automatically registering a user whose user type has been determined by the determination means for a group in which the combination of two or more pieces of physical information of the user are in common with the group; goal setting means for setting a goal for the physical state of the user; and goal-achieving condition deriving unit for calculating a specific target amount of change required for the user to reach a target body shape inputted as the goal based on a difference between the body composition of the user and the target body shape, and presenting the specific target amount of change to the user, wherein the computer is configured to receive measured physical information of the user from a body composition analyzer, wherein the registration means is configured to register the user to a group using an abstract user type based on the physical information, and wherein the computer is configured to transmit the abstract user type or physical information of the user to a mobile terminal.
The examiner is interpreting the above bolded limitations as additional elements as further discussed below. The remaining limitations are merely directed to rules or instructions to organize a user into a specific group based on physical information. The series of steps recited above describe managing personal behavior or relationships or interactions between people and thus are grouped as certain methods of organizing human activity which is an abstract idea. (Step 2A- Prong 1: YES. The claims are abstract).
This judicial exception is not integrated into a practical application. Limitations that are not indicative of integration into a practical application include: (1) Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (MPEP 2106.05.f), (2) Adding insignificant extra- solution activity to the judicial exception (MPEP 2106.05.g), (3) Generally linking the use of the judicial exception to a particular technological environment or field of use (MPEP 2106.05.h).
Independent Claim 1 discloses the following additional elements:
Determination means
Registration means for automatically
A goal setting means
A goal achieving condition deriving unit
Wherein the group registration device is configured to receive measured physical information of the user from a body composition analyzer
wherein the group registration device is configured to transmit the abstract user type or physical information of the user to a mobile terminal
Independent Claim 18 discloses the following additional elements:
receiving measured physical information indicating a physical state of a user from a body composition analyzer
transmitting the abstract user type or physical information of the user to a mobile terminal
Independent Claim 19 discloses the following additional elements:
A group registration program for causing a computer to function as:
Determination means
Registration means for automatically
A goal setting means
A goal achieving condition deriving unit
wherein the computer is configured to receive measured physical information of the user from a body composition analyzer
wherein the computer is configured to transmit the abstract user type or physical information of the user to a mobile terminal
In particular, the determination, registration, and goal-setting means of claim 1, the goal achieving condition deriving unit (of claim 1) and the group registration program for causing a computer to function as: determination means, registration means, goal-setting means, and a goal achieving condition deriving unit of claim 19 are recited at a high-level of generality such that it amounts to no more than mere instructions to implement an abstract idea by adding the words ‘apply it’ (or an equivalent) with the judicial exception. Applicant’s specification states at para 42, “the server14 of the embodiment comprises: an arithmetic unit 30 comprising a CPU (Central Processing Unit) or the like.” Thus, the invention utilizes a generic computer component (a CPU) that is performing as expected. Therefore, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
In regards to, “Wherein the group registration device is configured to receive measured physical information of the user from a body composition analyzer,” “wherein the group registration device is configured to transmit the abstract user type or physical information of the user to a mobile terminal,” “wherein the computer is configured to receive measured physical information of the user from a body composition analyzer,” and, “wherein the computer is configured to transmit the abstract user type or physical information of the user to a mobile terminal,” each limitation discloses “the group registration device” and “the computer” is configured to either receive or transmit data. The group registration device and the computer are recited at a high-level of generality such that it amounts to no more than mere instructions to implement an abstract idea by adding the words ‘apply it’ (or an equivalent) with the judicial exception. Claims 1 and 19 do not actively recite receiving or transmitting the data, only that the group registration device and computer are configured to do so. Regardless, since claim 18 recites the same language in an active way, the Examiner notes that, “receiving measured physical information indicating a physical state of a user from a body composition analyzer,” and, “transmitting the abstract user type or physical information of the user to a mobile terminal,” these limitations amount to insignificant extra-solution activity. These additional elements, even in combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Accordingly, claim(s) 1, 18 and 19 are directed to an abstract idea(s) without a practical application. (Step 2A-Prong 2: NO: the additional claimed elements are not integrated into a practical application).
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of determination, registration, and goal-setting means of claim 1, the goal achieving condition deriving unit (of claim 1) and the group registration program for causing a computer to function as: determination means, registration means, goal-setting means, and a goal achieving condition deriving unit of claim 19 amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept ("significantly more’). MPEP2106.05(I)(A) indicates that merely saying "apply it” or equivalent to the abstract idea cannot provide an inventive concept ("significantly more").
Claims 1 and 19 do not actively recite receiving or transmitting the data, only that the group registration device and computer are configured to do so. Regardless, since claim 18 recites the same language in an active way, the Examiner noted above that, “receiving measured physical information indicating a physical state of a user from a body composition analyzer,” and, “transmitting the abstract user type or physical information of the user to a mobile terminal,” was considered insignificant extra-solution activity in Step 2A, Prong 2. Re-evaluating here in step 2B, these are also determined to be well-understood, routine, conventional activity in the field. The Mayo and OIP Techs court decisions cited in MPEP 2106.05(g) indicate that mere data gathering is well-understood, routine, conventional activity in the field. Further, MPEP 2106.05(g) discloses that the courts have recognized the receiving or transmitting data over a network as well-understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity (See: Symantec, 838 F.3d at 1321, `10 USPQ2d at 1362; TLI Communications LLC v. AV Auto. LLC; OIP Techs., Inc., v. Amazon.com, Inc.; and buySAFE, Inc. v. Google, Inc.).
Dependent claim(s) 2-6, 8-17, and 20-21 are similarly rejected because they either further define/narrow the abstract idea and/or do not further limit the claim to a practical application or provide an inventive concept such that the claims are subject matter eligible even when considered individually or as an ordered combination.
Dependent claim 21 further recites a mathematical concept (calculating the shortest distance from a first set coordinates of the user’s body composition to a second set of coordinates of the user’s body composition that indicated a target body shape) and thus is directed to an additional abstract idea. Claim 21 does not disclose any further additional elements that are not already analyzed under claim 1 from which claim 21 depends from.
Dependent claims 5, 9, 11, and 15 do further disclose the additional element(s) of advice output means (of claim 9), action deriving means (of claim 11), and the rewarding means (of claim 15).
In particular, advice output means (of claim 9), action deriving means (of claim 11), and the rewarding means (of claim 15) are recited at a high-level of generality such that it amounts to no more than mere instructions to implement an abstract idea by adding the words ‘apply it’ (or an equivalent) with the judicial exception. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of the advice output means (of claim 9), action deriving means (of claim 11), and the rewarding means (of claim 15) amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept ("significantly more’). MPEP2106.05(I)(A) indicates that merely saying "apply it” or equivalent to the abstract idea cannot provide an inventive concept ("significantly more").
Therefore, the dependent claims 2-6, 8-17, and 20-21 are also directed to an abstract idea.
Thus, Claims 1-6 and 8-21 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
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.
Claim(s) 1-2, 4-6, 8-11, 15-16 and 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Brynelsen (US PG Pub 2012/0214140 A1) in view of Barnett (US PG Pub 2010/0287488 A1), further in view of the Mailchimp reference (Automatically Add Subscribers to a Group at Signup).
Regarding Claim 1, Brynelsen discloses:
A group registration device comprising: (Para 25 discloses the graphical interface may be a secure website. The website may be configured to allow the user to input information.)
determination means for, based on physical information indicating a physical state of a user, determining a user type representing the physical state of the user based on a combination of two or more pieces of the physical information… registration means for registering a user whose user type has been determined by the determination means for a group in which the combination of two or more pieces of physical information are in common with the group wherein the registration means is configured to register the user to a group using an…user type based on the physical information, and (Para 23 discloses the graphical interface is configured to display at least one of a calorie database, a calorie counter, a packaged food database, meal preparation support, an activity diary, an exercise guide and planner, a weight tracking log, a body-mass index calculator, activity reports, meal frequency and duration reports, and a message center. Para 66 discloses in some embodiments of the invention, patients may be offered the option to join an online support group of patients with similar body mass indexes (BMI) [register the user in a group that shares a combination of two or more pieces of physical information wherein the BMI is calculated by height and weight] who have similar attributes and weight loss goals [wherein “body mass indexes… attributes… and weight loss goals” that are used to determine the proper group for the patient reads on the broadest reasonable interpretation of the user type (as the claim does not clearly define the user types) that represents the physical state of the user wherein the physical state of the user includes a body composition per the Applicant’s specification wherein the body composition is at least one of a variety of items wherein the list includes BMI and thus would have been obvious to combine with Barnett as described below]. This group may meet online using the website 150 to provide support for one another, as well as review each other's results and provide support and encouragement to each other via email or text messaging via their patient-associated portable devices. Para 67 discloses the support dashboard may include features such as: a calorie database, an online calorie counter, a packaged food database, meal preparation support (such as custom meal menus generated for that patient), an activity diary, an exercise guide and planner, a weight tracking log, a body-mass index calculator, activity or exercise reports, meal frequency and duration reports, and/or a message center. Further, under Table II labeled Procedure on page 12 discloses use cases for portal 150, 3.1 discloses groups can be formed around many purposes including a body type or goals. 3.1.1 further discloses the means to join the group [registration means].)
wherein the group registration device is configured to receive measured physical information of the user from a body composition analyzer, (Para 31 of the Applicant’s specification describes the body composition analyzer as, “a measurement device for measuring physical information of a user,” and Para 35 of the Applicant’s specification discloses, “the body composition analyzer 16 thus functions as a cooperation device for sending measured values of a user to the server 14.” Thus, in light of the specification, para 74 of Brynelsen discloses, “home monitor 120 or server or centralized data collection mechanism 130 may communicate with scales (for measuring a weight of the patient [measured physical information of the user from a body composition analyzer wherein the body composition analyzer measures physical information of a user and sends the measured values of the user to the server] or food), pedometers, and the like. In exemplary embodiments, home monitor 120 receives wireless telemetry from a scale, glucose monitor, blood pressure cuff, and/or the like.”
While Brynelsen discloses the above limitation and Para 71 discloses, “portal 150 may also include goal-setting and behavior/goal comparison tools. Simple goal setting fields may optionally be available for the patient, though more sophisticated systems may allow the patient to enter a long-term goal and may interactively help the patient to determine short term and long term intermediary goals so as to reach their ultimate weight reduction target. The system may, for example, provide an indication of the quantity of exercise [condition for achieving the goal] that would be appropriate to achieve an interim or short term weight loss given the patient's sensed ingestion behavior,” it does not fully disclose the following limitation that Barnett discloses:
determining a user type representing the physical state of the user based on a combination of two or more pieces of the physical information selected by the user… an abstract user type (Paras 16-18 discloses demographic, health status, and lean mass, fat mass, and other physical data about individuals are received…the physical data is received from the individuals [wherein the individuals entering the data therefore reads on the broadest reasonable interpretation of selecting the two or more pieces of physical information]. Paras 96-98 disclose as shown in FIG. 28, another graphical tool that can be displayed to a user to help guide body composition management relates to a factor that we call body mass tension (BMT). One use of BMT is to provide more useful information than is encompassed in a conventional use of BMI. Conventional BMI, which is based only on weight and height, does not track or provide any indication of the contributions of lean body mass (or lean mass ratio) or fat body mass (or fat mass ratio) to the resulting BMI value... the acceptable BMI value for a client can be adjusted using a BMT factor 117 based on the actual or planned composition of the client's body in terms of fat mass ratio and lean (e.g., muscle) mass ratio [thus the BMT adjusted BMI value is the user type representing the physical state of the user wherein para 100 discloses the categories of the BMI (underweight, normal, overweight, obese, very obese, and morbidly obese) and Para 101 discloses that the adjusted BMI value that results from applying the BMT factor shifts the entire BMI scale, therefore it still follows the same categories it just is adjusted in accordance with body composition data for an individual. Thus, the categories of the BMT adjusted BMI are the abstract user type].)
wherein the physical state of the user includes a body composition of the user; (Para 6 discloses People in certain cultures, and those who understand and monitor how their bodies work, pay close attention to their body compositions and follow casual or strict dietary and exercise training programs aimed at reaching and maintaining (e.g., managing) a desirable body composition. Para 7 discloses the metrics should be reasonably easy to measure or calculate and should represent aspects of body composition that are important to the strength, stamina, appearance, and health goals of the individual who uses them. Para 18 discloses a target body composition management value is derived for a person from the person's height, weight, body mass composition, and statistical physical information about a comparable population of individuals. The target body composition management value is provided for use in managing the person's body composition. Para 19 discloses Implementations may include one or more of the following features. The target body composition management value includes a body mass index (BMI) value. The target body composition management value includes a version of a conventional BMI value that is adjusted based on body composition data. The conventional BMI value is adjusted upwardly in proportion to a value based on lean body mass and downwardly in proportion to a value based on fat body mass.)
goal setting means for setting a goal for the physical state of the user; and goal achieving condition deriving unit for calculating a specific target amount of change required for the user to reach a target body shape inputted as the goal based on a difference between the body composition of the user and the target body shape, and presenting the specific target amount of change to the user. (Paras 80-81 discloses in the upper right, the system displays to the user information that implies how much progress the client is expected to make toward the goals per week during the goal session. The displayed values include the measured percentage of body fat, the calculated BMR in calories, and the calculated calories stored as fat. The calculated total caloric deficit represents the number of calories of fat body mass that must be lost in order to reach the goal amount of fat body mass. The next three lines show the deficits that would be attributable to reducing food calories, to exercise (including cardio and weight), and to the total of those two values. The deficit values are recalculated in real time as goal values are changed by the user in the various tables. In the example, the total deficit is 4,244 calories which corresponds to a calculated weight change per week of 1.21 pounds… This weight reduction is to be achieved not only by reducing the calories eaten, but also by cardio exercise and strength training. The client's goals in the upper left table include no loss of lean body mass. The strength training plan is designed to assure the maintenance of lean body mass as the total weight of the client is reduced. This is achieved by calculating the protein needed to meet the requirements of the lean mass using a grams per pound calculation. The result is adjusted using judgment based on the mid-point readings taken during the course of the goal session. These readings allow the client's current body composition to be compared with the body composition expected at any mid-point date in the goal session. With these readings, quick adjustments may be made to diet and exercise plans. [Wherein the weekly weight change discloses one example of presenting a specific target amount of change and the “change” on the upper left of fig. 17 further discloses additional examples of specific target amounts of change].)
wherein the group registration device is configured to transmit the abstract user type or physical information of the user to a mobile terminal. (Para 41 discloses a system uses a single central web server associated with an application and a central database to provide services for body composition management through the World Wide Web to computers and portable and handheld devices that are controlled by a variety of partners, a variety of trainers, and a variety of clients, who can have a range of relationships with one another. Para 55 discloses a table called "bodycomp" (see FIG. 5) contains one record for each body check of a person, including all raw numeric metrics collected during the body check. In some implementations, values that are computed from these metrics and other data on-the-fly by the application at the time of display are presented through the user interface. Para 59 discloses the delta values between the starting and ending (goal) fat body masses and lean body masses [physical information of the user] allow expectation slopes (sometimes called glide slopes) to be developed and tracked during the course of the goal session. The values recorded in body checks during the course of the session, when plotted against the expectation slopes, provide feedback about the person's progress toward the goals. Para 62 discloses a wide variety of other interfaces would be possible, including interfaces suitable for small hand held or portable devices.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the groups based on BMI and other attributes of the feedback systems and methods for communicating diagnostic and/or treatment signals to enhance obesity treatments as taught by Brynelsen with the BMI adjusted based on body composition data of the managing body composition as taught by Barnett (See Barnett Para 19) in order to manage a desirable body composition as those who understand and monitor how their bodies work, pay close attention to their body compositions and follow casual or strict dietary and exercise training programs aimed at reaching and maintaining (e.g., managing) a desirable body composition (Barnett Para 6) where the body composition may affect a person’s health and appearance (Barnett Para 4).
While the combination of Brynelsen and Barnett discloses the above limitations, it does not fully disclose the following limitation that Mailchimp discloses:
automatically register a user… for a group (Automatically Add Subscribers to a Group at Signup discloses instead of manually adding your new subscribers to groups, you can save time by editing your signup form to automatically assign them to a preselected group… For example, if you have different sites for your German-, French-, and English-speaking customers, add a language group category to your audience, with German, French, and English group names. You’ll modify your form code so new subscribers from each site will be automatically added to the right language group when they sign up. Later, you can target each group with content that’s most relevant to them.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of the groups based on BMI and other attributes of the feedback systems and methods for communicating diagnostic and/or treatment signals to enhance obesity treatments as taught by Brynelsen and the BMI adjusted based on body composition data of the managing body composition as taught by Barnett with the automatic adding subscribers to a group at signup as taught by Mailchimp in order to automatically assign users to a preselected group based on common user information and prevent the users from having to manually do so to increase the efficiency of the system and the overall user experience.
Regarding Claim 2, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Brynelsen discloses:
The group registration device according to claim 1, wherein the determination means, based on one or more pieces of the physical information chosen from a plurality of kinds of the physical information by a user, determines as the user type at least one of subdivisions into which divisions each indicating a human body characteristic are subdivided for each division. (Para 23 discloses the graphical interface is configured to display at least one of a calorie database, a calorie counter, a packaged food database, meal preparation support, an activity diary, an exercise guide and planner, a weight tracking log, a body-mass index calculator, activity reports, meal frequency and duration reports, and a message center. Para 66 discloses in some embodiments of the invention, patients may be offered the option to join an online support group of patients with similar body mass indexes (BMI) who have similar attributes and weight loss goals [user type = patients with varying BMI and weight loss goals]. This group may meet online using the website 150 to provide support for one another, as well as review each other's results and provide support and encouragement to each other via email or text messaging via their patient-associated portable devices.)
Regarding Claim 4, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Brynelsen discloses:
The group registration device according to claim 1, wherein the registration means registers a user for the group based on the user type determined by the determination means. (Para 23 discloses the graphical interface is configured to display at least one of a calorie database, a calorie counter, a packaged food database, meal preparation support, an activity diary, an exercise guide and planner, a weight tracking log, a body-mass index calculator, activity reports, meal frequency and duration reports, and a message center. Para 66 discloses in some embodiments of the invention, patients may be offered the option to join an online support group of patients with similar body mass indexes (BMI) who have similar attributes and weight loss goals [user type]. This group may meet online using the website 150 to provide support for one another, as well as review each other's results and provide support and encouragement to each other via email or text messaging via their patient-associated portable devices. Further, under Table II labeled Procedure on page 12 discloses use cases for portal 150, 3.1 discloses groups can be formed around many purposes including a body type or goals. 3.1.1 further discloses the means to join the group [registration means].)
Regarding Claim 5, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Brynelsen discloses:
The group registration device according to claim 1, wherein the registration means registers a user for the group based on the goal set by the goal setting means. (Para 66 discloses in some embodiments of the invention, patients may be offered the option to join an online support group of patients with similar body mass indexes (BMI) who have similar attributes and weight loss goals [based on the goal set]. This group may meet online using the website 150 to provide support for one another, as well as review each other's results and provide support and encouragement to each other via email or text messaging via their patient-associated portable devices. Further, under Table II labeled Procedure on page 12 discloses use cases for portal 150, 3.1 discloses groups can be formed around many purposes including a body type or goals. 3.1.1 further discloses the means to join the group [registration means]. Para 71 discloses portal 150 may also include goal-setting and behavior/goal comparison tools. Simple goal setting fields may optionally be available for the patient, though more sophisticated systems may allow the patient to enter a long-term goal and may interactively help the patient to determine short term and long term intermediary goals so as to reach their ultimate weight reduction target [goal for the physical state of a user].)
Regarding Claim 6, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Brynelsen discloses:
The group registration device according to claim 1, wherein the determination means determines the user type based on the physical information of a user sent from a measurement device. (Para 60 discloses the home monitor 120 includes processor 122, a storage medium 124, and transmitting/receiving circuitry 126 and is capable of interrogating the implanted system 110 (and of receiving sensor-based data in response) when the patient is within a predetermined distance of the monitor. Para 74 discloses a number of additional devices may communicate with the components of system 100 shown in FIG. 1. Along with portable or handheld devices 170, home monitor 120 or server or centralized data collection mechanism 130 may communicate with scales (for measuring a weight of the patient or food), pedometers, and the like. In exemplary embodiments, home monitor 120 receives wireless telemetry from a scale, glucose monitor, blood pressure cuff, and/or the like.)
Regarding Claim 8, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Brynelsen discloses:
The group registration device according to claim 1, wherein whether to allow the other user to read the user type determined by the determination means or not is settable. (Para 66 discloses In some embodiments of the invention, patients may be offered the option to join an online support group of patients with similar body mass indexes (BMI) who have similar attributes and weight loss goals. This group may meet online using the website 150 to provide support for one another, as well as review each other's results and provide support and encouragement to each other via email or text messaging via their patient-associated portable devices. Hence, the patients may optionally share access to their sensor-based data with one or more other appropriate patients so as to allow the other patients to act as health coaches to the patient in which device 110 was implanted. See Further: Para 86)
Regarding Claim 9, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Brynelsen discloses:
The group registration device according to claim 1, having advice output means for outputting advice to improve the physical state of a user for each user type determined by the determination means. (Para 66 discloses In some embodiments of the invention, patients may be offered the option to join an online support group of patients with similar body mass indexes (BMI) who have similar attributes and weight loss goals [each user type being the different groups with similar BMIs and weight loss goals]. This group may meet online using the website 150 to provide support for one another, as well as review each other's results and provide support and encouragement to each other via email or text messaging via their patient-associated portable devices. Para 71 discloses portal 150 may also include goal-setting and behavior/goal comparison tools. Simple goal setting fields may optionally be available for the patient, though more sophisticated systems may allow the patient to enter a long-term goal and may interactively help the patient to determine short term and long term intermediary goals so as to reach their ultimate weight reduction target. The system may, for example, provide an indication of the quantity of exercise [advice] that would be appropriate to achieve an interim or short term weight loss [improve the physical state] given the patient's sensed ingestion behavior [a user of the group = capability to send advice to a user in each group, each user type being the different groups].)
Regarding Claim 10, this claim recites the limitations of Claim 9 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Brynelsen discloses:
The group registration device according to claim 9, wherein the advice output means outputs advice to improve the physical state of a user for each user. (Para 71 discloses portal 150 may also include goal-setting and behavior/goal comparison tools. Simple goal setting fields may optionally be available for the patient, though more sophisticated systems may allow the patient to enter a long-term goal and may interactively help the patient to determine short term and long term intermediary goals so as to reach their ultimate weight reduction target. The system may, for example, provide an indication of the quantity of exercise [advice] that would be appropriate to achieve an interim or short term weight loss [improve the physical state] given the patient's sensed ingestion behavior.)
Regarding Claim 11, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Brynelsen discloses:
The group registration device according to claim 1, having: action deriving means for, based on the present physical information of a user and the set goal, deriving an action to be done by the user to achieve the goal. (Para 71 discloses portal 150 may also include goal-setting and behavior/goal comparison tools. Simple goal setting fields may optionally be available for the patient, though more sophisticated systems may allow the patient to enter a long-term goal and may interactively help the patient to determine short term and long term intermediary goals so as to reach their ultimate weight reduction target. The system may, for example, provide an indication of the quantity of exercise [action] that would be appropriate to achieve an interim or short term weight loss given the patient's sensed ingestion behavior [physical information as well as current weight to determine how much a user needs to lose].)
Regarding Claim 15, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Brynelsen discloses:
The group registration device according to claim 1, having: rewarding means for giving a predetermined reward to a user when the user has achieved the goal. (Para 63 discloses feedback to patients may be administered in the form of an escrow account where, if the patient meets the required goals, a certain sum of money is donated to a charity favored by the patient, and if the patient fails to reach the goals, the sum of money is donated to a cause or charity that the patient despises.)
Regarding Claim 16, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Brynelsen discloses:
The group registration device according to claim 1, wherein the determination means determines the user type based on the present physical information of a user and the physical state aimed for by the user. (Para 66 discloses in some embodiments of the invention, patients may be offered the option to join an online support group of patients with similar body mass indexes (BMI) who have similar attributes and weight loss goals [user type]. This group may meet online using the website 150 to provide support for one another, as well as review each other's results and provide support and encouragement to each other via email or text messaging via their patient-associated portable devices. Further, under Table II labeled Procedure on page 12 discloses use cases for portal 150, 3.1 discloses groups can be formed around many purposes including a body type or goals. 3.1.1 further discloses the means to join the group [registration means].)
Regarding Claim 18, Brynelsen discloses:
A group registration method having:
receiving measured physical information indicating a physical state of a user from a body composition analyzer, wherein the group registration device is configured to receive measured physical information of the user from a body composition analyzer, (Para 31 of the Applicant’s specification describes the body composition analyzer as, “a measurement device for measuring physical information of a user,” and Para 35 of the Applicant’s specification discloses, “the body composition analyzer 16 thus functions as a cooperation device for sending measured values of a user to the server 14.” Thus, in light of the specification, para 74 of Brynelsen discloses, “home monitor 120 or server or centralized data collection mechanism 130 may communicate with scales (for measuring a weight of the patient [measured physical information of the user from a body composition analyzer wherein the body composition analyzer measures physical information of a user and sends the measured values of the user to the server] or food), pedometers, and the like. In exemplary embodiments, home monitor 120 receives wireless telemetry from a scale, glucose monitor, blood pressure cuff, and/or the like.”
determining, based on physical information indicating a physical state of the user, based on a combination of two or more pieces of the physical information… the user whose… user type has been determined (Para 23 discloses the graphical interface is configured to display at least one of a calorie database, a calorie counter, a packaged food database, meal preparation support, an activity diary, an exercise guide and planner, a weight tracking log, a body-mass index calculator, activity reports, meal frequency and duration reports, and a message center. Para 66 discloses in some embodiments of the invention, patients may be offered the option to join an online support group of patients with similar body mass indexes (BMI) [register the user in a group that shares a combination of two or more pieces of physical information wherein the BMI is calculated by height and weight] who have similar attributes and weight loss goals [wherein “body mass indexes… attributes… and weight loss goals” that are used to determine the proper group for the patient reads on the broadest reasonable interpretation of the user type (as the claim does not clearly define the user types) that represents the physical state of the user wherein the physical state of the user includes a body composition per the Applicant’s specification wherein the body composition is at least one of a variety of items wherein the list includes BMI and thus would have been obvious to combine with Barnett as described below]. This group may meet online using the website 150 to provide support for one another, as well as review each other's results and provide support and encouragement to each other via email or text messaging via their patient-associated portable devices. Para 67 discloses the support dashboard may include features such as: a calorie database, an online calorie counter, a packaged food database, meal preparation support (such as custom meal menus generated for that patient), an activity diary, an exercise guide and planner, a weight tracking log, a body-mass index calculator, activity or exercise reports, meal frequency and duration reports, and/or a message center. Further, under Table II labeled Procedure on page 12 discloses use cases for portal 150, 3.1 discloses groups can be formed around many purposes including a body type or goals. 3.1.1 further discloses the means to join the group [registration means].)
While Brynelsen discloses the above limitation and Para 71 discloses, “portal 150 may also include goal-setting and behavior/goal comparison tools. Simple goal setting fields may optionally be available for the patient, though more sophisticated systems may allow the patient to enter a long-term goal and may interactively help the patient to determine short term and long term intermediary goals so as to reach their ultimate weight reduction target. The system may, for example, provide an indication of the quantity of exercise [condition for achieving the goal] that would be appropriate to achieve an interim or short term weight loss given the patient's sensed ingestion behavior,” it does not fully disclose the following limitation that Barnett discloses:
determining, based on physical information indicating a physical state of the user, based on a combination of two or more pieces of the physical information selected by the user… determining an abstract user type based on the physical information; (Paras 16-18 discloses demographic, health status, and lean mass, fat mass, and other physical data about individuals are received…the physical data is received from the individuals [wherein the individual entering the data therefore reads on the broadest reasonable interpretation of selecting the two or more pieces of physical information]. Paras 96-98 disclose as shown in FIG. 28, another graphical tool that can be displayed to a user to help guide body composition management relates to a factor that we call body mass tension (BMT). One use of BMT is to provide more useful information than is encompassed in a conventional use of BMI. Conventional BMI, which is based only on weight and height, does not track or provide any indication of the contributions of lean body mass (or lean mass ratio) or fat body mass (or fat mass ratio) to the resulting BMI value... the acceptable BMI value for a client can be adjusted using a BMT factor 117 based on the actual or planned composition of the client's body in terms of fat mass ratio and lean (e.g., muscle) mass ratio [thus the BMT adjusted BMI value is the user type representing the physical state of the user wherein para 100 discloses the categories of the BMI (underweight, normal, overweight, obese, very obese, and morbidly obese) and Para 101 discloses that the adjusted BMI value that results from applying the BMT factor shifts the entire BMI scale, therefore it still follows the same categories it just is adjusted in accordance with body composition data for an individual. Thus, the categories of the BMT adjusted BMI are the abstract user type].)
wherein the physical state of the user includes a body composition of the user; [[and]] (Para 6 discloses People in certain cultures, and those who understand and monitor how their bodies work, pay close attention to their body compositions and follow casual or strict dietary and exercise training programs aimed at reaching and maintaining (e.g., managing) a desirable body composition. Para 7 discloses the metrics should be reasonably easy to measure or calculate and should represent aspects of body composition that are important to the strength, stamina, appearance, and health goals of the individual who uses them. Para 18 discloses a target body composition management value is derived for a person from the person's height, weight, body mass composition, and statistical physical information about a comparable population of individuals. The target body composition management value is provided for use in managing the person's body composition. Para 19 discloses Implementations may include one or more of the following features. The target body composition management value includes a body mass index (BMI) value. The target body composition management value includes a version of a conventional BMI value that is adjusted based on body composition data. The conventional BMI value is adjusted upwardly in proportion to a value based on lean body mass and downwardly in proportion to a value based on fat body mass.)
(Paras 80-81 discloses in the upper right, the system displays to the user information that implies how much progress the client is expected to make toward the goals per week during the goal session. The displayed values include the measured percentage of body fat, the calculated BMR in calories, and the calculated calories stored as fat. The calculated total caloric deficit represents the number of calories of fat body mass that must be lost in order to reach the goal amount of fat body mass. The next three lines show the deficits that would be attributable to reducing food calories, to exercise (including cardio and weight), and to the total of those two values. The deficit values are recalculated in real time as goal values are changed by the user in the various tables. In the example, the total deficit is 4,244 calories which corresponds to a calculated weight change per week of 1.21 pounds. This weight reduction is to be achieved not only by reducing the calories eaten, but also by cardio exercise and strength training. The client's goals in the upper left table include no loss of lean body mass. The strength training plan is designed to assure the maintenance of lean body mass as the total weight of the client is reduced. This is achieved by calculating the protein needed to meet the requirements of the lean mass using a grams per pound calculation. The result is adjusted using judgment based on the mid-point readings taken during the course of the goal session. These readings allow the client's current body composition to be compared with the body composition expected at any mid-point date in the goal session. With these readings, quick adjustments may be made to diet and exercise plans [Wherein the weekly weight change discloses one example of presenting a specific target amount of change and the “change” on the upper left of fig. 17 further discloses additional examples of specific target amounts of change].)
transmitting the abstract user type or physical information of the user to a mobile terminal (Para 41 discloses a system uses a single central web server associated with an application and a central database to provide services for body composition management through the World Wide Web to computers and portable and handheld devices that are controlled by a variety of partners, a variety of trainers, and a variety of clients, who can have a range of relationships with one another. Para 55 discloses a table called "bodycomp" (see FIG. 5) contains one record for each body check of a person, including all raw numeric metrics collected during the body check. In some implementations, values that are computed from these metrics and other data on-the-fly by the application at the time of display are presented through the user interface. Para 59 discloses the delta values between the starting and ending (goal) fat body masses and lean body masses [physical information of the user] allow expectation slopes (sometimes called glide slopes) to be developed and tracked during the course of the goal session. The values recorded in body checks during the course of the session, when plotted against the expectation slopes, provide feedback about the person's progress toward the goals. Para 62 discloses a wide variety of other interfaces would be possible, including interfaces suitable for small hand held or portable devices.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the groups based on BMI and other attributes of the feedback systems and methods for communicating diagnostic and/or treatment signals to enhance obesity treatments as taught by Brynelsen with the BMI adjusted based on body composition data of the managing body composition as taught by Barnett (See Barnett Para 19) in order to manage a desirable body composition as those who understand and monitor how their bodies work, pay close attention to their body compositions and follow casual or strict dietary and exercise training programs aimed at reaching and maintaining (e.g., managing) a desirable body composition (Barnett Para 6) where the body composition may affect a person’s health and appearance (Barnett Para 4).
While the combination of Brynelsen and Barnett discloses the above limitations, it does not fully disclose the following limitation that Mailchimp discloses:
automatically register a user… for a group (Automatically Add Subscribers to a Group at Signup discloses instead of manually adding your new subscribers to groups, you can save time by editing your signup form to automatically assign them to a preselected group… For example, if you have different sites for your German-, French-, and English-speaking customers, add a language group category to your audience, with German, French, and English group names. You’ll modify your form code so new subscribers from each site will be automatically added to the right language group when they sign up. Later, you can target each group with content that’s most relevant to them.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of the groups based on BMI and other attributes of the feedback systems and methods for communicating diagnostic and/or treatment signals to enhance obesity treatments as taught by Brynelsen and the BMI adjusted based on body composition data of the managing body composition as taught by Barnett with the automatic adding subscribers to a group at signup as taught by Mailchimp in order to automatically assign users to a preselected group based on common user information and prevent the users from having to manually do so to increase the efficiency of the system and the overall user experience.
Regarding Claim 19, Brynelsen discloses:
A group registration program for causing a computer to function as: (Para 24 discloses graphical interface may be a secure website. The website may be configured to allow the user to input information. Para 67 discloses the patient and/or health coach may obtain updates by accessing a web site or other portal 150. The portal will optionally comprise a secure website into which the patient or other system user enters a patient identifier and/or password, allowing patients to log into the site with confidence that the system is safe and secure.)
determination means for, based on physical information indicating a physical state of a user, determining a user type representing the physical state of the user based on a combination of two or more pieces of the physical information… in which the combination of two or more pieces of physical information of the user are in common with the group (Para 23 discloses the graphical interface is configured to display at least one of a calorie database, a calorie counter, a packaged food database, meal preparation support, an activity diary, an exercise guide and planner, a weight tracking log, a body-mass index calculator, activity reports, meal frequency and duration reports, and a message center. Para 66 discloses in some embodiments of the invention, patients may be offered the option to join an online support group of patients with similar body mass indexes (BMI) [register the user in a group that shares a combination of two or more pieces of physical information wherein the BMI is calculated by height and weight] who have similar attributes and weight loss goals [wherein “body mass indexes… attributes… and weight loss goals” that are used to determine the proper group for the patient reads on the broadest reasonable interpretation of the user type (as the claim does not clearly define the user types) that represents the physical state of the user wherein the physical state of the user includes a body composition per the Applicant’s specification wherein the body composition is at least one of a variety of items wherein the list includes BMI and thus would have been obvious to combine with Barnett as described below]. This group may meet online using the website 150 to provide support for one another, as well as review each other's results and provide support and encouragement to each other via email or text messaging via their patient-associated portable devices. Para 67 discloses the support dashboard may include features such as: a calorie database, an online calorie counter, a packaged food database, meal preparation support (such as custom meal menus generated for that patient), an activity diary, an exercise guide and planner, a weight tracking log, a body-mass index calculator, activity or exercise reports, meal frequency and duration reports, and/or a message center. Further, under Table II labeled Procedure on page 12 discloses use cases for portal 150, 3.1 discloses groups can be formed around many purposes including a body type or goals. 3.1.1 further discloses the means to join the group [registration means].)
wherein the computer is configured to receive measured physical information of the user from a body composition analyzer, (Para 31 of the Applicant’s specification describes the body composition analyzer as, “a measurement device for measuring physical information of a user,” and Para 35 of the Applicant’s specification discloses, “the body composition analyzer 16 thus functions as a cooperation device for sending measured values of a user to the server 14.” Thus, in light of the specification, para 74 of Brynelsen discloses, “home monitor 120 or server or centralized data collection mechanism 130 may communicate with scales (for measuring a weight of the patient [measured physical information of the user from a body composition analyzer wherein the body composition analyzer measures physical information of a user and sends the measured values of the user to the server] or food), pedometers, and the like. In exemplary embodiments, home monitor 120 receives wireless telemetry from a scale, glucose monitor, blood pressure cuff, and/or the like.”
While Brynelsen discloses the above limitation and Para 71 discloses, “portal 150 may also include goal-setting and behavior/goal comparison tools. Simple goal setting fields may optionally be available for the patient, though more sophisticated systems may allow the patient to enter a long-term goal and may interactively help the patient to determine short term and long term intermediary goals so as to reach their ultimate weight reduction target. The system may, for example, provide an indication of the quantity of exercise [condition for achieving the goal] that would be appropriate to achieve an interim or short term weight loss given the patient's sensed ingestion behavior,” it does not fully disclose the following limitation that Barnett discloses:
determining a user type representing the physical state of the user based on a combination of two or more pieces of the physical information selected by the user, … an abstract user type (Paras 16-18 discloses demographic, health status, and lean mass, fat mass, and other physical data about individuals are received…the physical data is received from the individuals [wherein the individual entering the data therefore reads on the broadest reasonable interpretation of selecting the two or more pieces of physical information]. Paras 96-98 disclose as shown in FIG. 28, another graphical tool that can be displayed to a user to help guide body composition management relates to a factor that we call body mass tension (BMT). One use of BMT is to provide more useful information than is encompassed in a conventional use of BMI. Conventional BMI, which is based only on weight and height, does not track or provide any indication of the contributions of lean body mass (or lean mass ratio) or fat body mass (or fat mass ratio) to the resulting BMI value... the acceptable BMI value for a client can be adjusted using a BMT factor 117 based on the actual or planned composition of the client's body in terms of fat mass ratio and lean (e.g., muscle) mass ratio [thus the BMT adjusted BMI value is the user type representing the physical state of the user wherein para 100 discloses the categories of the BMI (underweight, normal, overweight, obese, very obese, and morbidly obese) and Para 101 discloses that the adjusted BMI value that results from applying the BMT factor shifts the entire BMI scale, therefore it still follows the same categories it just is adjusted in accordance with body composition data for an individual. Thus, the categories of the BMT adjusted BMI are the abstract user type].)
wherein the physical state of the user includes a body composition of the user; [[and]] (Para 6 discloses People in certain cultures, and those who understand and monitor how their bodies work, pay close attention to their body compositions and follow casual or strict dietary and exercise training programs aimed at reaching and maintaining (e.g., managing) a desirable body composition. Para 7 discloses the metrics should be reasonably easy to measure or calculate and should represent aspects of body composition that are important to the strength, stamina, appearance, and health goals of the individual who uses them. Para 18 discloses a target body composition management value is derived for a person from the person's height, weight, body mass composition, and statistical physical information about a comparable population of individuals. The target body composition management value is provided for use in managing the person's body composition. Para 19 discloses Implementations may include one or more of the following features. The target body composition management value includes a body mass index (BMI) value. The target body composition management value includes a version of a conventional BMI value that is adjusted based on body composition data. The conventional BMI value is adjusted upwardly in proportion to a value based on lean body mass and downwardly in proportion to a value based on fat body mass.)
goal setting means for setting a goal for the physical state of the user; and goal achieving condition deriving unit for calculating a specific target amount of change required for the user to reach a target body shape inputted as the goal based on a difference between the body composition of the user and the target body shape, and presenting the specific target amount of change to the user. ((Paras 80-81 discloses in the upper right, the system displays to the user information that implies how much progress the client is expected to make toward the goals per week during the goal session. The displayed values include the measured percentage of body fat, the calculated BMR in calories, and the calculated calories stored as fat. The calculated total caloric deficit represents the number of calories of fat body mass that must be lost in order to reach the goal amount of fat body mass. The next three lines show the deficits that would be attributable to reducing food calories, to exercise (including cardio and weight), and to the total of those two values. The deficit values are recalculated in real time as goal values are changed by the user in the various tables. In the example, the total deficit is 4,244 calories which corresponds to a calculated weight change per week of 1.21 pounds. This weight reduction is to be achieved not only by reducing the calories eaten, but also by cardio exercise and strength training. The client's goals in the upper left table include no loss of lean body mass. The strength training plan is designed to assure the maintenance of lean body mass as the total weight of the client is reduced. This is achieved by calculating the protein needed to meet the requirements of the lean mass using a grams per pound calculation. The result is adjusted using judgment based on the mid-point readings taken during the course of the goal session. These readings allow the client's current body composition to be compared with the body composition expected at any mid-point date in the goal session. With these readings, quick adjustments may be made to diet and exercise plans. [Wherein the weekly weight change discloses one example of presenting a specific target amount of change and the “change” on the upper left of fig. 17 further discloses additional examples of specific target amounts of change].)
wherein the computer is configured to transmit the abstract user type or physical information of the user to a mobile terminal. (Para 41 discloses a system uses a single central web server associated with an application and a central database to provide services for body composition management through the World Wide Web to computers and portable and handheld devices that are controlled by a variety of partners, a variety of trainers, and a variety of clients, who can have a range of relationships with one another. Para 55 discloses a table called "bodycomp" (see FIG. 5) contains one record for each body check of a person, including all raw numeric metrics collected during the body check. In some implementations, values that are computed from these metrics and other data on-the-fly by the application at the time of display are presented through the user interface. Para 59 discloses the delta values between the starting and ending (goal) fat body masses and lean body masses [physical information of the user] allow expectation slopes (sometimes called glide slopes) to be developed and tracked during the course of the goal session. The values recorded in body checks during the course of the session, when plotted against the expectation slopes, provide feedback about the person's progress toward the goals. Para 62 discloses a wide variety of other interfaces would be possible, including interfaces suitable for small hand held or portable devices.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the groups based on BMI and other attributes of the feedback systems and methods for communicating diagnostic and/or treatment signals to enhance obesity treatments as taught by Brynelsen with the BMI adjusted based on body composition data of the managing body composition as taught by Barnett (See Barnett Para 19) in order to manage a desirable body composition as those who understand and monitor how their bodies work, pay close attention to their body compositions and follow casual or strict dietary and exercise training programs aimed at reaching and maintaining (e.g., managing) a desirable body composition (Barnett Para 6) where the body composition may affect a person’s health and appearance (Barnett Para 4).
While the combination of Brynelsen and Barnett discloses the above limitations, it does not fully disclose the following limitation that Mailchimp discloses:
automatically register a user… for a group (Automatically Add Subscribers to a Group at Signup discloses instead of manually adding your new subscribers to groups, you can save time by editing your signup form to automatically assign them to a preselected group… For example, if you have different sites for your German-, French-, and English-speaking customers, add a language group category to your audience, with German, French, and English group names. You’ll modify your form code so new subscribers from each site will be automatically added to the right language group when they sign up. Later, you can target each group with content that’s most relevant to them.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of the groups based on BMI and other attributes of the feedback systems and methods for communicating diagnostic and/or treatment signals to enhance obesity treatments as taught by Brynelsen and the BMI adjusted based on body composition data of the managing body composition as taught by Barnett with the automatic adding subscribers to a group at signup as taught by Mailchimp in order to automatically assign users to a preselected group based on common user information and prevent the users from having to manually do so to increase the efficiency of the system and the overall user experience.
Regarding Claim 20, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Brynelsen discloses:
The group registration device according to claim 1, wherein the registration means registers the user for the group based on an indicator not visibly apparent in the user's appearance (Para 66 discloses patients may be offered the option to join an online support group of patients with similar body mass indexes (BMI) [register the user based on an indicator not visibly apparent in the user’s appearance] who have similar attributes and weight loss goals.)
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Brynelsen (US PG Pub 2012/0214140 A1) in view of Barnett (US PG Pub 2010/0287488 A1), further in view of the Mailchimp reference (Automatically Add Subscribers to a Group at Signup) and Ryals (US PG Pub 2008/0124752 A1).
Regarding Claim 3, this claim recites the limitations of Claim 1 and as to those limitations is
rejected for the same basis and reasons as disclosed above. The combination of Brynelsen and Barnett does not fully disclose the following limitation that Ryals discloses:
The group registration device according to claim 1, wherein the registration means registers a user for the group based on metabolic age calculated based on the user's physical information. (Para 40 discloses The present invention also describes methods to develop a Biochemical Age Index for determining the metabolic age of a subject and to calculate a MetaboScore value that is the difference between the subject's chronological age and metabolic age [organizing users into a “metabolic age” group]. Para 88 discloses methods for the modification of the metabolic age of a subject comprise: (a) analyzing a biological sample from a subject to determine the level(s) of one or more biomarkers associated with metabolic age in the sample; (b) comparing the level(s) of the one or more biomarkers in the sample to metabolic age reference levels to determine the subject's metabolic age; and (c) providing recommendations to modify the metabolic age of the subject.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of the groups based on BMI and other attributes of the feedback systems and methods for communicating diagnostic and/or treatment signals to enhance obesity treatments as taught by Brynelsen, the BMI adjusted based on body composition data of the managing body composition as taught by Barnett, and the automatic adding of a user to a group at signup as taught by Mailchimp with the biomarkers related to metabolic age and the methods using the same as taught by Ryals in order to improve a negative [metabolic] profile in order to have beneficial effects on the health of an individual (Ryals Para 5).
Claim(s) 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Brynelsen (US PG Pub 2012/0214140 A1) in view of Barnett (US PG Pub 2010/0287488 A1), further in view of the Mailchimp reference (Automatically Add Subscribers to a Group at Signup) and Abecassis (US Patent 11,684,821 B2).
Regarding Claim 12, this claim recites the limitations of Claim 11 and as to those limitations is
rejected for the same basis and reasons as disclosed above. The combination of Brynelsen and Barnett does not fully disclose the following limitation that Abecassis discloses:
The group registration device according to claim 11, wherein the action deriving means derives a type and action frequency of the action based on the user's wish. (Column 5, lines 50-56 discloses the athlete may further manually enter into the virtual athletic coach subjective data regarding the athlete's life constraints such as: time of day the athlete is available or prefers to workout (e.g., morning midday, evening, or night) and days of the week the athlete is available or prefers to workout (e.g., weekdays, weekends, or specific days) [wish that effects frequency]. Column 5, lines 60-63 discloses the virtual athletic coach collects one or more goals from the athlete. Primary goals may include running a marathon, completing a triathlon, overall fitness, longevity, etc. [wish that effects type]. Column 6, lines 33-41 discloses the athlete optimizer 116 utilizes a machine learning environment ( or a reinforcement learning algorithm or neural network) to balance outputs from the predictors 102, 104, and/or 106, taking into account the athlete's life constraints 112 and stated goal(s) 118. The athlete optimizer 116 attempts to identify an optimal solution of workout types, duration, intensity, and schedule that satisfies the athlete's life constraints 112 to best achieve the athlete's stated goal(s) 118.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of the groups based on BMI and other attributes of the feedback systems and methods for communicating diagnostic and/or treatment signals to enhance obesity treatments as taught by Brynelsen, the BMI adjusted based on body composition data of the managing body composition as taught by Barnett, and the automatic adding of a user to a group at signup as taught by Mailchimp with the virtual athletic coach as taught by Abecassis in order to prescribe a solution for a human user… to achieve stated health and fitness goals (Column 2, lines 32-35).
Regarding Claim 13, this claim recites the limitations of Claim 11 and as to those limitations is
rejected for the same basis and reasons as disclosed above. The combination of Brynelsen and Barnett does not fully disclose the following limitation that Abecassis discloses:
The group registration device according to claim 11, wherein the action deriving means derives a type and action frequency of the action based on the user's lifestyle. (Column 4, lines 28-35 discloses the athlete's predicted state of fatigue can then be used to modify the athlete's selected training solution for optimum results. For example, applying a particularly difficult work-out to an athlete that is particularly fatigued (e.g., 3 or less on the freshness scale) may not be very effective. Similarly, if the athlete is substantially fresh ( e.g., 7 or greater on the freshness scale), a light workout may be replaced with a more difficult workout to obtain better results for the athlete [lifestyle (fatigue based on sleep and more as disclosed Column 4, lines 12-31) that effects type]. Column 5, lines 43-46 discloses the athlete's fitness tracking device automatically collects some life constraints from the athlete ( e.g., typical sleep schedule, work schedule, commute times and durations, etc.) [lifestyle that effects frequency]. Column 6, lines 33-41 discloses the athlete optimizer 116 utilizes a machine learning environment ( or a reinforcement learning algorithm or neural network) to balance outputs from the predictors 102, 104, and/or 106, taking into account the athlete's life constraints 112 and stated goal(s) 118. The athlete optimizer 116 attempts to identify an optimal solution of workout types, duration, intensity, and schedule that satisfies the athlete's life constraints 112 to best achieve the athlete's stated goal(s) 118.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of the groups based on BMI and other attributes of the feedback systems and methods for communicating diagnostic and/or treatment signals to enhance obesity treatments as taught by Brynelsen, the BMI adjusted based on body composition data of the managing body composition as taught by Barnett, and the automatic adding of a user to a group at signup as taught by Mailchimp with the virtual athletic coach as taught by Abecassis in order to prescribe a solution for a human user… to achieve stated health and fitness goals (Column 2, lines 32-35).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Brynelsen (US PG Pub 2012/0214140 A1) in view of Barnett (US PG Pub 2010/0287488 A1), further in view of the Mailchimp reference (Automatically Add Subscribers to a Group at Signup) and Song (KR 101160673 B1).
Regarding Claim 14, this claim recites the limitations of Claim 11 and as to those limitations is
rejected for the same basis and reasons as disclosed above. While Brynelsen discloses in Para 71, “expected results from changes in ingestion and activity may be identified by the system,” the combination of Brynelsen and Barnett does not fully disclose the following limitation that Song discloses:
The group registration device according to claim 11, wherein the action deriving means presents the user with a predicted value of a change in the physical state of the user caused by the user doing the action. (Para 42-43 and Fig. 4 disclose one of the types of exercise presented on the “exercise list” tab can be selected to enter the exercise schedule. If you select the appropriate exercise, the information on the right side can provide you with brief information about the image of the exercise, the intensity of the exercise, and the duration of the exercise… If you select the type of exercise, you can select the exercise schedule by dragging the image created in the information window of the corresponding exercise using the mouse and dropping it in the exercise area. When selecting multiple exercises, the total calorie information can be displayed [as displayed in Figure 4 on page 11 of the original document as attached, the ‘750 kcal’ in the box of the 3 figures performing different exercises is displayed]. Paras 51-52 disclose the user can input the exercise schedule. As the exercise schedule is entered, graphs of body weight and body composition can be graphically displayed on the graph on the left. In this case, as the user adjusts the amount of exercise, the slope of the body weight and body composition change graph may vary. The user can determine which exercise is efficient to produce the desired weight [therefore: selecting an exercise based on how it affects the weight or body composition change = change in physical state of the user]. If the user has selected too much momentum, an alert window pops up and you may be prompted to adjust the momentum. For example, if a user selects more than five hours of aerobic exercise per day, this can generate a warning message because it is a severe exercise that affects daily life. Accordingly, the user can set the amount of exercise within a range that does not disturb his / her health [therefore showing that this is a selection done prior to completing the exercise].)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of the groups based on BMI and other attributes of the feedback systems and methods for communicating diagnostic and/or treatment signals to enhance obesity treatments as taught by Brynelsen, the BMI adjusted based on body composition data of the managing body composition as taught by Barnett, and the automatic adding of a user to a group at signup as taught by Mailchimp with the diet management system as taught by Song in order allow a user to determine which exercise is efficient to make the weight he or she wants (Para 51).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Brynelsen (US PG Pub 2012/0214140 A1) in view of Barnett (US PG Pub 2010/0287488 A1), further in view of the Mailchimp reference (Automatically Add Subscribers to a Group at Signup) and Kanazawa (JP 2001204705 A).
Regarding Claim 17, this claim recites the limitations of Claim 1 and as to those limitations is
rejected for the same basis and reasons as disclosed above. The combination of Brynelsen and Barnett does not fully disclose the following limitation that Kanazawa discloses:
The group registration device according to claim 1, wherein values of electrical resistance of a user's one or more body parts are used to determine the user's sex. (Para 25 discloses in the body fat meter according to claim 5 of the present invention, the body feature amount storage means stores the sex as one of the body feature amounts, and the individual identification means uses the bioelectrical impedance [wherein impedance comprises electrical resistance] to determine the gender of the person to be measured.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of the groups based on BMI and other attributes of the feedback systems and methods for communicating diagnostic and/or treatment signals to enhance obesity treatments as taught by Brynelsen, the BMI adjusted based on body composition data of the managing body composition as taught by Barnett, and the automatic adding of a user to a group at signup as taught by Mailchimp with the personal identification method including the gender identification as taught by Kanazawa in order to accurately identify the gender of a subject for identification.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Brynelsen (US PG Pub 2012/0214140 A1) in view of Barnett (US PG Pub 2010/0287488 A1), further in view of the Mailchimp reference (Automatically Add Subscribers to a Group at Signup) and Mai (How to calculate Euclidean Distance? How to measure the distance between two points?).
Regarding Claim 21, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Barnett discloses:
The group registration device according to claim 1, wherein the goal-achieving condition deriving unit calculates the shortest distance from a first set coordinates of the user’s body composition to a second set of coordinates of the user’s body composition that indicated a target body shape (Barnett Para 20 discloses a target value associated with a targeted fat mass and lean mass body composition of a person to be achieved by a future date is generated. A slope is displayed that begins at a starting point associated with a starting date and ends at an ending point associated with the future date, the starting point representing a starting value and is based on measurements on the starting date. A trajectory is displayed that traverses mid-points having values that are based on measurements on dates between the starting date and the ending date. The Examiner notes that the system does not actively use the shortest distance and instead merely calculates the shortest distance between two sets of coordinates. As such, it would have been obvious to apply the Euclidean Distance formula to the starting point and ending point as disclosed by Brynelsen. See Mai “Two Dimensional” which discloses the Euclidean Distant formula for calculating the distance between two points in words, “Subtract the x coordinate of the second point from the x coordinate of the first point, and then square that number. Do the same for y coordinates. After that square root the sum of those two number. For example, we have two points (2, 4) and (-3, 8). First, subtract -3 from 2 (-3 - 2) equals -5, and then square -5 equals 25. Second, subtract 8 from 4 (8 - 4) equals 4, and then square 4 equals 16. Finally, square root the sum of 25 and 16 (25 + 16), equals 6.403.”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of the groups based on BMI and other attributes of the feedback systems and methods for communicating diagnostic and/or treatment signals to enhance obesity treatments as taught by Brynelsen, the BMI adjusted based on body composition data of the managing body composition as taught by Barnett, and the automatic adding of a user to a group at signup as taught by Mailchimp with the Euclidean Distance formula as disclosed by Mai in order to determine the shortest distance between a starting point and an ending point of a targets fat mass and lean mass body composition of a person to be achieved by a future date.
Response to Arguments
Applicant’s arguments filed 3/11/2026 with respect to 35 U.S.C. § 101 have been fully considered, but are not persuasive.
The Applicant argues that the claims do not merely recite steps of organizing users and managing personal behavior, but rather are directed toward the technical process of privacy-preserving group registration system. Further, the Applicant argues, “they require receiving raw measurement data from a body composition analyzer, computationally deriving a categorical user type from a user-selected combination of two or more pieces of measured physical information, generating an abstract user type that represents the user’s physical state without exposing the underlying raw data, automatically registering the user to a group based on computed commonality of the combination of physical information, and transmitting the abstract user type, i.e., a technical process tied to the physical measurements from specialized hardware.”
In regards to, “receiving raw measurement data from a body composition analyzer,” and “transmitting the abstract user type,” these were found to be additional elements (and not a part of the abstract idea) that amount to insignificant extra solution activity.
Further, in regards to “computationally deriving a categorical user type from a user-selected combination of two or more pieces of measured physical information, generating an abstract user type that represents the user’s physical state without exposing the underlying raw data, … registering the user to a group based on computed commonality of the combination of physical information,” the Examiner respectfully disagrees with Applicant’s arguments that these specific limitations are not directed to certain methods of organizing human activity. Specifically, the claims disclose, “registration means for automatically registering a user whose user type has been determined by the determination means for a group in which the combination of two or more pieces of physical information are in common with the group…wherein the group registration device is configured to register the user to a group using an abstract user type based on the physical information.” A registration means for automatically performing the abstract idea amounts to no more than mere instructions to implement an abstract idea by adding the words ‘apply it’ (or an equivalent) with the judicial exception. MPEP 2106. 04(a)(2)(II) states that a claimed invention is directed to certain methods of organizing human activity if the identified claim elements contain limitations that encompass fundamental economic principles or practices, commercial or legal interactions, or managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). The Examiner submits that the identified claim elements (the un-bolded portions of the entirety of the independent claims as presented above under the 35 U.S.C 101 rejection) represent a series of rules or instructions that a person or persons, with or without the aid of a computer, would follow to organize a user into a specific group based on physical information. Applicant has not pointed to anything in the claims that fall outside of this characterization, merely disclosing technical aspects in an ‘apply it’ manner, by generally linking to a technical environment or field or use, or as insignificant extra-solution activity does not mean that the entire claim is not directed to an abstract idea. Because the claim elements fall under a series of rules or instructions that a person or persons would follow to organize a user into a specific group based on physical information, the claimed invention is directed to certain methods of organizing human activity and thus, an abstract idea.
The Applicant then argues that claims further integrate any abstract idea into a practical application and that the claims recite an improvement in the functioning of a body composition management system. The Examiner respectfully disagrees. MPEP 2106.04(d)(1) and MPEP 2106.05(a) indicates that a practical application may be present where the claimed invention provides a technical solution to a technical problem. See, e.g., DDR Holdings, LLC. v. Hotels.com, L.P., 773 F.3d 1245, 1259 (Fed. Cir. 2014) (finding that claiming a website that retained the “look and feel” of a host webpage provided a technological solution to the problem of retention of website visitors by utilizing a website descriptor that emulated the “look and feel” of the host webpage, where the problem arose out of the internet and was thus a technical problem). Here, the Applicant’s argued problem is not a technological problem caused by the technological environment to which the claims are confined (the group registration device which is a server based on the Applicant’s specification). “People hesitating to disclose their own actual body shape or the like,” is not a problem caused by the server implementing the claims. At best, Applicant’s identified problem is a business problem wherein not enough users are signing up for the system because they are hesitating to disclose their own actual body shape or the like. Because no technological problem is present, the claims do not provide a practical application. Further, in regards to “transforming” the raw measurement data, the claims merely disclose, a “user type [that] has been determined by the determination means for a group in which the combination of two or more pieces of physical information are in common with the group.” It is not clearly claims that the raw data is transformed in a meaningful way, such that the system runs more efficiently or processes data it couldn’t previously process. The claims merely disclose determining a user type based on the physical data received to then use to determine what group to register a user to and thus was found to be a part of the abstract idea which cannot provide a practical application.
The Applicant argues that the claims are tied to a particular machine – a body composition analyzer. The Examiner notes that the body composition analyzer is only cited to receive data and thus was found to amount to insignificant extra solution activity. MPEP 2106.05(B)(III) discloses, “use of a machine that contributes only nominally or insignificantly to the execution of the claimed method (e.g., in a data gathering step or in a field-of-use limitation) would not integrate a judicial exception or provide significantly more. See Bilski, 561 U.S. at 610, 95 USPQ2d at 1009 (citing Parker v. Flook, 437 U.S. 584, 590, 198 USPQ 193, 197 (1978)), and CyberSource v. Retail Decisions, 654 F.3d 1366, 1370, 99 USPQ2d 1690 (Fed. Cir. 2011).” Further, the body composition analyzer is not particularly claimed. The specification discloses, in para 39 of the published specification (US PG Pub 20230253088 A1), “a body composition analyzer 16, which is a measurement device for measuring physical information of a user.” It is merely a device that measures physical information of a user and “functions as a cooperation device for sending measured values of a user to the server,” thus disclosing further insignificant extra-solution activity (transmitting data over a network).
Further, the Applicant argues that the claimed system enables automatic group placement which improves the technical functioning of the group registration system. The Examiner respectfully disagrees. The Applicant does not provide any support for why automatically placing the user into a group “improves the technical functioning of the group registration system,” other than the user does not have to manually enroll in a group because the system automatically does it. Utilizing a server to automatically perform the limitations that recite an abstract idea (in this case, automatically registering the user) amounts to no more than mere instructions to implement an abstract idea by adding the words ‘apply it’ (or an equivalent) with the judicial exception.
Further, the applicant argues that the “multi-parameter, user-selected body composition classification that represents a technical improvement over prior single-metric approaches,” and “enabl[es] a more meaningful and personalized classification than would be possible with prior single-metric systems.” The need for a more meaningful and personalized classification is not a technical problem, but rather a business problem. Further, it is not properly disclosed how the system is improved. Merely utilized additional information to classify a user does not result in the system performing in an unexpected way. Further, the system is not processing data that was previously unable to be processed. It is merely utilizing additional information and is still performing as expected. As such, the server (the group registration device) is not being improved and there is no improvement to a computer or other technology present. Therefore, the claims are not integrating into a practical application.
Applicant’s arguments filed 3/11/2026 with respect to 35 U.S.C. § 103 have been fully considered.
The Applicant argues that one would not understand BMI to be a “user type.” The Examiner respectfully disagrees. The claims do not differentiate what the various user types could be and, thus, the user type is broadly disclosed. Therefore, Brynelsen reads on the limitation by forming a group based on “patients with similar body mass indexes (BMI) who have similar attributes and weight loss goals.” The user type is precisely that, users with similar body mass indexes who have similar attributes and weight loss goals. The Applicant further argues that the cited references do not teach an abstract user type, which is a newly added amendment. The Examiner respectfully disagrees. As presented above, Barnett Paras 100-101 disclose the various categories of the BMI scale (underweight, normal, overweight, obese, very obese, and morbidly obese) and then discloses their BMT adjusted BMI value that “shifts the entire BMI scale in accordance with body composition data for an individual.” It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the groups based on BMI and other attributes of the feedback systems and methods for communicating diagnostic and/or treatment signals to enhance obesity treatments as taught by Brynelsen with the BMI adjusted based on body composition data of the managing body composition as taught by Barnett (See Barnett Para 19) in order to manage a desirable body composition as those who understand and monitor how their bodies work, pay close attention to their body compositions and follow casual or strict dietary and exercise training programs aimed at reaching and maintaining (e.g., managing) a desirable body composition (Barnett Para 6) where the body composition may affect a person’s health and appearance (Barnett Para 4).
Further, the Applicant argues that the cited references to not teach “selecting” which combination of physical information parameters to user for determining the user type. The Examiner respectfully disagrees. By inputting the data needed to calculate a BMI (the height and weight) by the body-mass index calculator, the user is thus disclosing selecting two or more physical information for determining a user type. However, to further clarify the rejected, the Examiner cites to Barnett Paras 16-18, “demographic, health status, and lean mass, fat mass, and other physical data about individuals are received…the physical data is received from the individuals.” Barnett clarifies that the physical data is specifically received from the individuals wherein this information is later used to determine the BMT adjusted BMI value which is subsequently split into the different categories as discussed above (underweight, normal, overweight, obese, very obese, and morbidly obese.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the groups based on BMI and other attributes of the feedback systems and methods for communicating diagnostic and/or treatment signals to enhance obesity treatments as taught by Brynelsen with the BMI adjusted based on body composition data of the managing body composition as taught by Barnett (See Barnett Para 19) in order to manage a desirable body composition as those who understand and monitor how their bodies work, pay close attention to their body compositions and follow casual or strict dietary and exercise training programs aimed at reaching and maintaining (e.g., managing) a desirable body composition (Barnett Para 6) where the body composition may affect a person’s health and appearance (Barnett Para 4).
The arguments regarding the newly added limitations are persuasive, specifically regarding “automatically registering a user…” to the independent claims 1 and 18-19 and the “shortest distance” calculation added to claim 21. Therefore, the previous 35 U.S.C. § 103 rejection has been withdrawn. However, upon further consideration, a new grounds of rejection under 35 U.S.C. § 103 necessitated by Applicant’s amendments is disclosed above.
Conclusion
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/SARA JESSICA MORICE DE VARGAS/
Examiner, Art Unit 3681
/PETER H CHOI/Supervisory Patent Examiner, Art Unit 3681
Prosecution Insights