DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice to Applicant
Claims 1-3 and 11-15 have been amended. Claims 4 and 5 have been canceled. Now, claims 1-3 and 6-15 remain pending and will be examined herein.
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.
3. Claims 1-3 and 6-15 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (i.e. a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Step 1 – Statutory Categories of Invention:
Claims 1-3 and 6-13 are drawn to a system (machine), claim 14 is drawn to a method (process), and claim 15 is drawn to a non-transitory computer readable storage medium (an apparatus) which is one of the statutory categories of invention.
Step 2A – Judicial Exception Analysis, Prong 1:
Independent claims 1, 14, and 15 recites, in part, a system, a method and a non-transitory computer readable storage medium comprising the following steps:
…..acquire information about a plurality of task items and information about a target exercise amount of a first user for each predetermined period;
………(i) extract at least one task item from among the plurality of task items….in which is registered information about, for each of the plurality of task items, a calorie consumption amount per unit time corresponding to that task item, and (ii) assign the extracted at least one task item to the first user as a task item for the predetermined period, the at least one task item representing a task with which the first user achieves the target exercise amount of the first user for each predetermined period; and
……outputs information about the at least one task item assigned to the first user by the task dividing unit, wherein
…..acquires, as feedback information, an actual calorie consumption amount performed by the first user as the first user carries out the task item assigned to the first user, the actual calorie consumption amount being acquired…….by the first user as the first user carries out the task item assigned to the first user,
……extracts the at least one task item from among the plurality of task items by further referring to the feedback information, and assigns the extracted at least one task item to the first user as the task item for the predetermined period, and
the information about the calorie consumption amount per unit time for the task items registered …….is updated with the feedback information.
These steps also amount to methods of organizing human activity which includes functions relating to interpersonal and intrapersonal activities, such as managing relationships or transactions between people, social activities, and human behavior; satisfying or avoiding a legal obligation; advertising, marketing, and sales activities or behaviors; and managing human mental activity (MPEP § 2106.04(a)(2)(II)(C) citing the abstract idea grouping for methods of organizing human activity for managing personal behavior or relationships or interactions between people).
Dependent claim 2 recites, in part, wherein …….acquires information about a predetermined task item that must be performed by the first user in the predetermined period, and the at least one task item that is extracted…..includes the predetermined task item that must be performed by the first user.
Dependent claim 3 recites, in part, wherein…..acquires information about a task item that the first user cannot carry out, and…….does not extract and assign the task item that the first user cannot carry out to the first user for each predetermined period.
Dependent claim 6 recites, in part, wherein the target exercise amount is a target calorie consumption of the first user.
Dependent claim 7 recites, in part, wherein the target exercise amount is determined based on a difference between a target weight and a current weight of the first user.
Dependent claim 8 recites, in part, wherein the target exercise amount is determined based on a difference between a target body fat percentage and a current body fat percentage of the first user.
Dependent claim 9 recites, in part, wherein the target exercise amount is determined based on a difference between a target body shape and a current body shape of the first user.
Dependent claim 10 recites, in part, wherein……displays information about the task item assigned to the first user….
Dependent claim 11 recites, in part, wherein the plurality of task items are assigned to a predetermined group to which a plurality of users including the first user belong, ….acquires, for each of the plurality of users belonging to the predetermined group, information about each of the plurality of users’ exercise amount for each predetermined period, ….extracts, for each of the plurality of users, at least one task item from among the plurality of task items……, and assigns the extracted at least one task item to that user as the task item for the predetermined period, the at least one task item representing a task with which that user achieves the exercise amount corresponding to his/her target exercise amount for each predetermined period, and….outputs information about the task items assigned to the users by the task dividing unit.
Dependent claim 12 recites, in part, wherein….extracts, for each of the plurality of users, at least one task item from among the plurality of task items….., and assigns the extracted at least one task item to that user as the task item for the predetermined period, the at least one task item representing a task with which that user achieves an exercise amount corresponding to a ratio of the user’s target exercise amount to a sum total of target exercise amounts of all of the users.
Dependent claim 13 recites, in part, wherein the plurality of task items must be performed in the predetermined period by the predetermined group, and….divides all of the plurality of task items among the plurality of users.
Each of these steps of the preceding dependent claims 2-13 only serve to further limit or specify the features of independent claim 101 accordingly, and hence are nonetheless directed towards fundamentally the same abstract idea as the independent claim and utilize the additional elements already analyzed in the expected manner.
Step 2A – Judicial Exception Analysis, Prong 2:
This judicial exception is not integrated into a practical application because the additional elements within the claims only amount to instructions to implement the judicial exception using a computer [MPEP 2106.05(f)].
Independent Claim 1 recites, in part, an acquisition unit, a task dividing unit, a database, an output unit, and a wearable terminal. The specification defines an acquisition unit as acquires information about a plurality of task items assigned to a predetermined group (Specification in § 0047), a task dividing unit as configured to extract at least one task item from among the plurality of task items by referring to a database (Specification in § 0007), a database as the schedule management apparatus 10, the user terminal 20, the communication terminal 30, and the database 40 are configured so that they can communicate with each other through a wired or wireless network, (Specification in § 0035), an output unit as outputs information about the task item assigned to the user (Specification in § 0049), and a wearable terminal as acquires, as feedback information, information about a heart rate, a pulse rate, the number of steps, or a calorie consumption of the user (Specification in § 0052). The use of an acquisition unit, a task dividing unit, a database, an output unit, a wearable terminal are only recited as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2) see case requiring the use of software to tailor information and provide it to the user on a generic computer within the “Other examples.. v.”).
Independent Claim 14 recites, in part, database and a wearable terminal. The specification defines a database as the schedule management apparatus 10, the user terminal 20, the communication terminal 30, and the database 40 are configured so that they can communicate with each other through a wired or wireless network, (Specification in § 0035) and a wearable terminal as acquires, as feedback information, information about a heart rate, a pulse rate, the number of steps, or a calorie consumption of the user (Specification in § 0052). The use of a database and a wearable terminal are only recited as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2) see case requiring the use of software to tailor information and provide it to the user on a generic computer within the “Other examples.. v.”).
Independent Claim 15 recites, in part, a non-transitory computer readable storage medium, a database, a wearable terminal. The specification defines a non-transitory computer readable storage medium as a random-access memory (RAM), a read-only memory (ROM), a flash memory, a solid-state drive (SSD) or other types of memory technologies, a CD-ROM, a digital versatile disc (DVD), a Blu-ray (Registered Trademark) disc or other types of optical disc storage, and magnetic cassettes, magnetic tape, magnetic disk storage or other types of magnetic storage devices, (Specification in § 0086), and a database as the schedule management apparatus 10, the user terminal 20, the communication terminal 30, and the database 40 are configured so that they can communicate with each other through a wired or wireless network, (Specification in § 0035) and a wearable terminal as acquires, as feedback information, information about a heart rate, a pulse rate, the number of steps, or a calorie consumption of the user (Specification in § 0052). The use of a non-transitory computer readable storage medium, a database, a wearable terminal are only recited as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2) see case requiring the use of software to tailor information and provide it to the user on a generic computer within the “Other examples.. v.”).
Dependent claims 2 and 3 recite, in part, an acquisition unit and a task dividing unit. The specification defines an acquisition unit as acquires information about a plurality of task items assigned to a predetermined group (Specification in § 0047), and a task dividing unit as configured to extract at least one task item from among the plurality of task items by referring to a database (Specification in § 0007). The use of an acquisition unit and a task dividing unit are only recited as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2) see case requiring the use of software to tailor information and provide it to the user on a generic computer within the “Other examples.. v.”).
Dependent claim 10, recites in part, an output unit and monitor. The specification defines an output unit as outputs information about the task item assigned to the user (Specification in § 0049), and a monitor as displayed on a monitor of the user terminal (Specification in § 0062). The limitations are only recited as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2) see case requiring the use of software to tailor information and provide it to the user on a generic computer within the “Other examples.. v.”).
Dependent Claim 11 recites, in part, an acquisition unit, a task dividing unit, a database, and an output unit. The specification defines an acquisition unit as acquires information about a plurality of task items assigned to a predetermined group (Specification in § 0047), a task dividing unit as configured to extract at least one task item from among the plurality of task items by referring to a database (Specification in § 0007), a database as the schedule management apparatus 10, the user terminal 20, the communication terminal 30, and the database 40 are configured so that they can communicate with each other through a wired or wireless network, (Specification in § 0035), and an output unit as outputs information about the task item assigned to the user (Specification in § 0049). The use of an acquisition unit, a task dividing unit, a database, and an output unit are only recited as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2) see case requiring the use of software to tailor information and provide it to the user on a generic computer within the “Other examples.. v.”).
Dependent claim 12 recites, in part, a task dividing unit and a database. The specification defines a task dividing unit as configured to extract at least one task item from among the plurality of task items by referring to a database (Specification in § 0007), and a database as the schedule management apparatus 10, the user terminal 20, the communication terminal 30, and the database 40 are configured so that they can communicate with each other through a wired or wireless network, (Specification in § 0035). The use of a task dividing unit, and a database are only recited as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2) see case requiring the use of software to tailor information and provide it to the user on a generic computer within the “Other examples.. v.”).
Dependent claim 13 recite, in part, a task dividing unit. The specification defines a task dividing unit as configured to extract at least one task item from among the plurality of task items by referring to a database (Specification in § 0007). The use of a task dividing unit are only recited as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2) see case requiring the use of software to tailor information and provide it to the user on a generic computer within the “Other examples.. v.”).
The above claims, as a whole, are therefore directed to an abstract idea.
Step 2B – Additional Elements that Amount to Significantly More:
The present claims do not include additional elements that are sufficient to amount to more than the abstract idea because the additional elements or combination of elements amount to no more than a recitation of instructions to implement the abstract idea on a computer.
Independent Claim 1, recites, in part, an acquisition unit, a task dividing unit, a database, an output unit, and a wearable terminal. Each of these elements is only recited as a tool for performing steps of the abstract idea, such as use of an acquisition unit, a task dividing unit, a database, and an output unit to acquire and transmit information and use of a and a wearable terminal to acquire biometric data from a user. These additional elements therefore only amount to mere instructions to perform the abstract idea using a computer and are not sufficient to amount to significantly more than the abstract idea (MPEP 2016.05(f) see for additional guidance on the “mere instructions to apply an exception’).
Independent Claims 14 and 15 recites, in part, a database and/or a non-transitory computer readable storage medium storing a control program and a wearable terminal. Each of these elements is only recited as a tool for performing steps of the abstract idea, such as use of a database and/or non-transitory computer readable storage medium storing data, and use of a and a wearable terminal to acquire biometric data from a user. These additional elements therefore only amount to mere instructions to perform the abstract idea using a computer and are not sufficient to amount to significantly more than the abstract idea (MPEP 2016.05(f) see for additional guidance on the “mere instructions to apply an exception’).
Each additional element under Step 2A, Prong 2 is analyzed in light of the specification’s explanation of the additional element’s structure. The claimed invention’s additional elements do not have sufficient structure in the specification to be considered a not well-understood, routine, and conventional use of generic computer components. Note that the specification can support the conventionality of generic computer components if “the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. § 112(a)” (Berkheimer in III. Impact on Examination Procedure, A. Formulating Rejections, 1. on p. 3).
Dependent claims 2 and 3 recite, in part, an acquisition unit and a task dividing unit. Each of these elements is only recited as a tool for performing steps of the abstract idea, such as the use of an acquisition unit and a task dividing unit to acquire and store data. These additional elements therefore only amount to mere instructions to perform the abstract idea using a computer and are not sufficient to amount to significantly more than the abstract idea (MPEP 2016.05(f) see for additional guidance on the “mere instructions to apply an exception”).
Dependent claim 10, recites in part, an output unit and monitor. Each of these elements is only recited as a tool for performing steps of the abstract idea, such as the use of an output unit and monitor to output and display data. These additional elements therefore only amount to mere instructions to perform the abstract idea using a computer and are not sufficient to amount to significantly more than the abstract idea (MPEP 2016.05(f) see for additional guidance on the “mere instructions to apply an exception”).
Dependent Claim 11 recites, in part, an acquisition unit, a task dividing unit, a database, and an output unit. Each of these elements is only recited as a tool for performing steps of the abstract idea, such as the use of an acquisition unit, a task dividing unit, a database, and an output unit to acquire and transmit information. These additional elements therefore only amount to mere instructions to perform the abstract idea using a computer and are not sufficient to amount to significantly more than the abstract idea (MPEP 2016.05(f) see for additional guidance on the “mere instructions to apply an exception”).
Dependent claim 12 recites, in part, a task dividing unit and a database. Each of these elements is only recited as a tool for performing steps of the abstract idea, such as the use of a task dividing unit and a database to transmit and store data. These additional elements therefore only amount to mere instructions to perform the abstract idea using a computer and are not sufficient to amount to significantly more than the abstract idea (MPEP 2016.05(f) see for additional guidance on the “mere instructions to apply an exception”).
Dependent claim 13 recite, in part, a task dividing unit. Each of these elements is only recited as a tool for performing steps of the abstract idea, such as the use of a task dividing unit to transmit data. These additional elements therefore only amount to mere instructions to perform the abstract idea using a computer and are not sufficient to amount to significantly more than the abstract idea (MPEP 2016.05(f) see for additional guidance on the “mere instructions to apply an exception”).
Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. Their collective functions merely provide conventional computer implementation.
Claims 1-3 and 6-15 are therefore rejected under 35 U.S.C. § 101 as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
6. Claims 1-3 and 6-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent Application Number 2013/0095459, Tran, et al., hereinafter Tran.
7. Regarding claim 1, Tran discloses a schedule management system comprising:
an acquisition unit configured to acquire information about a plurality of task items and information about a target exercise amount of a first user for each predetermined period, (para. 77, the system can determine the amount of time for exercise and para. 476, the user tasks data and para. 480, Get users' static information (such as scheduled tasks, timetable, time, etc.));
a task dividing unit configured to (i) extract at least one task item from among the plurality of task items by referring to a database in which is registered information about, for each of the plurality of task items, a calorie consumption amount per unit time corresponding to that task item, and (ii) assign the extracted at least one task item to the first user as a task item for the predetermined period, the at least one task item representing a task with which the first user achieves the target exercise amount of the first user for each predetermined period, (para. 77, the system can determine the amount of time for exercise, para. 405, process determines and recommends an exercise routine that is customized, and para. 476, the user tasks data and para. 480, Get users' static information (such as scheduled tasks, timetable, time, etc.)); and
an output unit that outputs information about the at least one task item assigned to the first user by the task dividing unit, (para. 20, Information can be viewed using an Internet-based website, a personal computer, or simply by viewing a display on the monitor), wherein
the acquisition unit acquires, as feedback information, an actual calorie consumption amount performed by the first user as the first user carries out the task item assigned to the first user, the actual calorie consumption amount being acquired from a wearable terminal worn by the first user as the first user carries out the task item assigned to the first user, (para. 25, Feedback reports can be sent to monitored subjects, their designated informal caregiver and their remote healthcare provider. Feedback to the individual can encourage the individual to remain active, para. 191, a different data measured by the wearable device such as calorie consumption/dissipation, ambulation pattern, sleeping pattern, heart rate, pulse oximetry, and temperature, para. 389, The system provides meaningful feedback, allowing customers to "see" their food consumption, exercise and the impact of changes. When calories from eating go up between months, a graph depicts so and by how much. Without the system's report to conveniently compare food consumption and exercise from one week to the next, it would be much harder to track those changes, and para. 392-393, the system's feedback is effective because: It is provided frequently, as soon after the consumption behavior as possible.), and
the task dividing unit extracts at least one task item from among the plurality of task items by further referring to the feedback information, and assigns the extracted at least one task item to the first user as the task item for the predetermined period, (para. 25, Feedback reports can be sent to monitored subjects, their designated informal caregiver and their remote healthcare provider. Feedback to the individual can encourage the individual to remain active and para. 384, the system's workflow helps the doctor with setting goals with the patient, establishing a bond of trust and loyalty, and providing positive feedback for improving compliance);
and
the information about the calorie consumption amount per unit time for the task items registered in the database is updated with the feedback information, (para. 405, The process then correlates actual patient activity with the recommended exercises and para. 408, Another chart shows calories from fats, protein, carbohydrates and alcohol in comparison with a similar chart of recommended percentages of calorie intake to show deficiencies in the source of calories and the need to reduce calorie intake from other sources).
8. Regarding claim 2, Tran discloses the system of claim 1 as described above. Tran further discloses wherein the acquisition unit further acquires information about a predetermined task item that must be performed by the first user in the predetermined period, (para. 77, the system can determine the amount of time for exercise and para. 476, the user tasks data and para. 480, Get users' static information (such as scheduled tasks, timetable, time, etc.)), and
The at least one task item that is extracted by the task dividing unit includes the predetermined task item that must be performed by the first user, (para. 77, the system can determine the amount of time for exercise, para. 333, All adults should set a long-term goal to accumulate at least 30 minutes or more of moderate-intensity physical activity on most, and preferably all, days of the week, para. 405, process determines and recommends an exercise routine that is customized, and para. 476, the user tasks data and para. 480, Get users' static information (such as scheduled tasks, timetable, time, etc.)).
9. Regarding claim 3, Tran discloses the system of claim 1 as described above. Tran further discloses wherein the acquisition unit further acquires information about a task item that the first user cannot carry out, (para. 495, the system can also provide personalized recommendations based on the user information. For example, if a user is so obese that he/she cannot walk, then "start walking" would not be a transmitted recommendation for the user in response to test results showing that the user has increased blood glucose), and
the task dividing unit does not extract and assign the task item that the first user cannot carry out to the first user for each predetermined period, (para. 495, the system can also provide personalized recommendations based on the user information. For example, if a user is so obese that he/she cannot walk, then "start walking" would not be a transmitted recommendation for the user in response to test results showing that the user has increased blood glucose).
10. Regarding claim 6, Tran discloses the system of claim 1 as described above. Tran further discloses wherein the target exercise amount is a target calorie consumption of the first user, (para. 408, Another chart shows calories from fats, protein, carbohydrates and alcohol in comparison with a similar chart of recommended percentages of calorie intake to show deficiencies in the source of calories and the need to reduce calorie intake from other sources).
11. Regarding claim 7, Tran discloses the system of claim 1 as described above. Tran further discloses wherein the target exercise amount is determined based on a difference between a target weight and a current weight of the first user, (para. 494, For example, eat X calories of carbohydrates selected from "your favorite veg. or non-veg. food" (e.g., mashed potatoes and green beans). Eat X calories of proteins selected from your favorite shrimp and egg whites. Similarly recommendations for exercise can include duration and exertion level.).
12. Regarding claim 8, Tran discloses the system of claim 1 as described above. Tran further discloses wherein the target exercise amount is determined based on a difference between a target body fat percentage and a current body fat percentage of the first user, (para. 400, body analysis data is determined from enrollment data, and include: body mass ratio, pounds of lean muscle mass, percentage of body fat and an optimal range for the specific individual of that percentage, pounds of body fat and an optimal range of body fat for that specific individual, and suggested pounds of body fat to lose. The body analysis includes the following: Basal Metabolic Rate (BMR) is the number of calories burned by the patient's lean body mass in a 24 hour period at complete rest using formulas such as the Harris-Benedict formula or other suitable formulas. Specific Dynamic Action of Foods (SDA) is the numbers of calories required to process and utilize consumed foods (in one case estimated at 5-15% of BMR, depending on personalization)).
13. Regarding claim 9, Tran discloses the system of claim 1 as described above. Tran further discloses wherein the target exercise amount is determined based on a difference between a target body shape and a current body shape of the first user, (para. 400, body mass ratio, pounds of lean muscle mass, percentage of body fat and an optimal range for the specific individual of that percentage, pounds of body fat and an optimal range of body fat for that specific individual, and suggested pounds of body fat to lose. The body analysis includes the following: Basal Metabolic Rate (BMR) is the number of calories burned by the patient's lean body mass in a 24 hour period at complete rest using formulas such as the Harris-Benedict formula or other suitable formulas.).
14. Regarding claim 10, Tran discloses the system of claim 1 as described above. Tran further discloses wherein the output unit displays information about the task item assigned to the first user on a monitor, (para. 20, Information can be viewed using an Internet-based website, a personal computer, or simply by viewing a display on the monitor).
15. Regarding claim 11, Tran discloses the system of claim 1 as described above. Tran further discloses wherein the plurality of task items are assigned to a predetermined group to which a plurality of users including the first user belong, (para. 421, A group sessions by a fitness trainer or physiologist on the benefits and attributes of proper exercise can be scheduled),
the acquisition unit acquires, for each of the plurality of users belonging to the predetermined group, information about each of the plurality of users’ exercise amount for each predetermined period , (para. 77, the system can determine the amount of time for exercise and para. 476, the user tasks data and para. 480, Get users' static information (such as scheduled tasks, timetable, time, etc.));
the task dividing unit extracts, for each of the plurality of users, at least one task item from among the plurality of task items by referring to the database, and assigns the extracted at least one task item to that user as the task item for the predetermined period, the at least one task item representing a task with which that user achieves the exercise amount corresponding to his/her target exercise amount for each predetermined period, (para. 77, the system can determine the amount of time for exercise, para. 405, process determines and recommends an exercise routine that is customized, and para. 476, the user tasks data and para. 480, Get users' static information (such as scheduled tasks, timetable, time, etc.)); and
the output unit outputs information about the task items assigned to the users by the task dividing unit, (para. 20, Information can be viewed using an Internet-based website, a personal computer, or simply by viewing a display on the monitor.).
16. Regarding claim 12, Tran discloses the system of claims 1 and 11 as described above. Tran further discloses wherein the task dividing unit extracts, for each of the plurality of users, at least one task item from among the plurality of task items by referring to the database, and assigns the extracted at least one task item to that user as the task item for the predetermined period, the at least one task item representing a task with which that user achieves an exercise amount corresponding to a ratio of the user’s target exercise amount to a sum total of target exercise amounts of all of the users, (para. 77, the system can determine the amount of time for exercise, para. 405, process determines and recommends an exercise routine that is customized, and para. 476, the user tasks data and para. 480, Get users' static information (such as scheduled tasks, timetable, time, etc.)).
17. Regarding claim 13, Tran discloses the system of claims 1 and 11 as described above. Tran further discloses wherein the plurality of task items must be performed in the predetermined period by the predetermined group, (para. 77, the system can determine the amount of time for exercise and para. 476, the user tasks data and para. 480, Get users' static information (such as scheduled tasks, timetable, time, etc.)); and
the task dividing unit divides all of the plurality of task items among the plurality of users, (para. 77, the system can determine the amount of time for exercise, para. 405, process determines and recommends an exercise routine that is customized, and para. 476, the user tasks data and para. 480, Get users' static information (such as scheduled tasks, timetable, time, etc.)).
18. Regarding claims 14 and 15, these claims are rejected for the same reasons as set forth above with regard to claim 1. Tran further discloses a non-transitory computer readable storage medium storing a control program for causing a computer to perform a series of steps, (para. 599, computer readable media may comprise computer storage media and communication media. Computer storage media includes volatile and nonvolatile, removable and non-removable media implemented in any method or technology for storage of information such as computer readable instructions, data structures, program modules or other data. Computer storage media includes, but is not limited to, RAM, ROM, EEPROM, flash memory or other memory technology, CD-ROM, digital versatile disks (DVD) or other optical storage, magnetic cassettes, magnetic tape, magnetic disk storage or other magnetic storage devices, or any other medium which can be used to store the desired information and which can be accessed by client/server devices.).
Response to Arguments
19. Applicant's arguments filed May 28, 2025 have been fully considered but they are not persuasive.
A. Applicant argues that the amended features of the claims integrates any abstract idea into a practical application.
In response, Examiner respectfully disagrees. The claims do not integrate the abstract idea into a practical application, and does not include additional elements that provide an inventive concept (are sufficient to amount to significantly more than the abstract idea). (Digitech Image Tech., LLC v. Electronics for Imaging, Inc. (Fed. Cir. 2014)). The claims do not recite any unconventional computer functions. The structural elements as claimed are for mere convenience and the recited claim elements constitute methods of organizing human activity because, (a) acquiring feedback information from a user-worn wearable terminal about an actual calorie consumption amount performed by the first user as the first user carries out the task item assigned to the first user while wearing the wearable terminal, and then (b) updating the information about the calorie consumption amount per unit time for the task items registered in the database with the feedback information about the actual calorie consumption amount performed by the first user as the first user carries out the task item assigned to the first user, can be considered methods of organizing human activity, which are still considered an abstract idea under the 2019 PEG. As a result, there are no meaningful limitations in the claim that transform the exception into a patent eligible application such that the claim amounts to significantly more than the exception itself, and the claims are properly rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter. The claim is silent on any computer operation and specific technological implementation that would move the claim beyond a general link to a technological environment.
Further, in order for an alleged application of an abstract idea to be considered eligible, it must amount to significantly more than the abstract idea (i.e., pass step 2B of the Mayo test). As shown in the rejection above, the application of the abstract idea recited merely applies the idea in a generic computer environment (an acquisition unit, a task dividing unit, a database, and a wearable terminal) using generic computer functions (acquiring information, extracting at least one task item, outputting information, acquiring feedback information, extracting feedback information and updating information). Accordingly, it does not amount to significantly more, and the application of the abstract idea is therefore not eligible.
Accordingly, it does not amount to significantly more, and the application of the abstract idea is therefore not eligible.
B. Applicant argues that the amended features of claim 1 are not taught by the Tran reference.
Examiner respectfully disagrees. Tran discloses providing feedback reports and feedback to patients, (see Tran at least at para. 25, Feedback reports can be sent to monitored subjects, their designated informal caregiver and their remote healthcare provider. Feedback to the individual can encourage the individual to remain active, para. 191, a different data measured by the wearable device such as calorie consumption/dissipation, ambulation pattern, sleeping pattern, heart rate, pulse oximetry, and temperature, para. 389, The system provides meaningful feedback, allowing customers to "see" their food consumption, exercise and the impact of changes. When calories from eating go up between months, a graph depicts so and by how much. Without the system's report to conveniently compare food consumption and exercise from one week to the next, it would be much harder to track those changes, and para. 392-393, the system's feedback is effective because: It is provided frequently, as soon after the consumption behavior as possible.)
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Health personal digital assistant (US 20020072932 A1) teaches The input means receives information about an individual through various sources, including nutritional information about food ingested, biological information, and the caloric expenditure of the individual's activities. Preferably, input from the various sources occurs in real-time through wireless communications means. Input can also be obtained from internet websites and from health care providers, such as doctors. The operating program uses these inputs to output a health report using the output means, preferably on a display. The report can also be provided to health care providers.
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/AMBER A MISIASZEK/Primary Examiner, Art Unit 3682