DETAILED ACTION
Status of Claims
This action is in reply to the amendment filed on 06/26/2025.
Claims 1-6 and 8-9 have been amended.
Claims 10-12 have been newly added.
Claims 1-12 are currently pending and have been examined.
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 .
Claim Interpretation
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Regarding claims 1, 3, 5, 8 and 10 -11, claim limitation terms such as “a life information receiver”, “a vital life information receiver”, “an analyzer”, “a determinator”, and “a transmitter” are 1) to receive life information, 2) to predict, 3) increase priority, 4) to continuously performs, 5) to determine a change, 6) to statistically estimate, 7) to estimate, and 8) to transmit are terms not being illustrated in the specification in a definite way. Appropriate correction is required.
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 1-12 are rejected under 35 U.S.C. §101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1:
Claims 1-8 and 10-11 are directed to a system (i.e., a machine) and claim 9 and 12 are directed to a method (i.e., a process). Accordingly, claims 1-12 are all within at least one of the four statutory categories.
Step 2A - Prong One:
An “abstract idea” judicial exception is subject matter that falls within at least one of the following groupings: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
Representative independent claim 9 includes limitations that recite an abstract idea. Note that independent claims 1 and 8 cover the systems claim, while claim 9 covers a method claim.
Specifically, independent claim 9 recites:
A health support method for supporting symptomatic alleviation or maintenance and improvement of a physical condition of a user,
the health support method performed by a processor comprising:
a life information receiving step of receiving life information including information on activity that the user performs in daily life;
predicting, on a basis of the life information and guidance information, an actionable behavior from among the activities, the actionable behavior being an activity that the user would be able to continuously perform when the user is intervened to perform the activity, or an activity that the user would be able to stop when the user is intervened to stop the activity; and
displaying the actionable behavior to the user or a medical professional.
The Examiner submits that the foregoing underlined limitations constitute: (a) “certain methods of organizing human activity” because supporting symptomatic alleviation or maintenance, analyzing information on activity that the user performs in daily life and improvement of a physical condition of a user, predicting whether or not the user’s activity is intervened the activity and displaying the actionable behavior to the user or a medical professional are part of a medical workflow and providing a healthcare service, which are managing human behavior/interactions between people. Furthermore, these limitations constitute (b) “a mental process” because identifying actionable behavior that the user and predicting an actionable behavior are able to perform in the activity is determining an intervention, which is an observation/evaluation/analysis that can be performed in the human mind or with a pen and paper. The foregoing underlined limitations also relate to claim 8 (similarly to claims 1 and 8).
Accordingly, the claim describes at least one abstract idea.
In relation to claims 2-7 and 10-12, these claims merely recite determining steps such as: claim 2 - wherein the life information includes information on emotion of the user when the activity has been performed, the analyzer increases priority of actionable behavior accompanied by non-negative emotion in the actionable behavior, and the display configures to display the actionable behavior for which the analyzer has increased priority in a manner distinguishable from the other actionable behavior, claim 3 – a vital information receiver configured to acquire vital information of the user, and a symptom determinator configured to determine a change in a symptom of the user from the vital information, wherein the analyzer identifies the actionable behavior performed before a time when the symptom determinator determines that the symptom has improved, as symptom-related actionable behavior and the display configures to display the symptom-related actionable behavior in a manner distinguishable from the actionable behavior, claim 4 – the analyzer statistically estimates the actionable behavior, claim 5 – a user information receiver configured to receive user information on an attribute of the user, and a model generator configured to estimate the actionable behavior of the user, claim 6 – the model generator uses the actionable behavior as correct data and generates a prediction model in which input data is the user information and the life information and output is behavior that the user is able to perform, and the display configures to display the behavior output by the prediction model, claim 7 - the model generator uses the symptom-related actionable behavior as correct data and generates a prediction model in which input data is the user information and the life information and output is behavior that the user is able to perform, and the display configures to display the behavior output by the prediction model and claims 10-12 – to transmit the actionable behavior.
Step 2A - Prong Two:
Regarding Prong Two of Step 2A, it must be determined whether the claim as a whole integrates the abstract idea into a practical application. As noted, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”
The limitations of claims 1-12, as drafted is a process that, under its broadest reasonable interpretation, covers performance of the limitations in the mind but for the recitation of generic computer components. That is, other than reciting a system, a processor, a life information reception unit, an analysis unit, a presentation unit, a vital information reception unit, a symptom determination unit and a user information reception unit to perform the limitations, nothing in the claim elements precludes the steps from practically being performed in the mind. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation within a health care environment in the mind but for the recitation of generic computer components, then it falls within the “certain methods of organizing human activity” and “Mental Process” grouping of abstract ideas. Accordingly, the claims recite an abstract idea.
The judicial exception is not integrated into a practical application. In particular, the system, processor, life information reception unit, analysis unit, presentation unit, vital information reception unit, symptom determination unit and user information reception unit are recited at high levels of generality (i.e., as generic computer components performing generic computer functions of receiving data/inputs, determining and providing data) such that it amounts no more than mere instructions to apply the exception using the generic computer components.
Regarding the additional limitations “a model generation unit” and “a prediction model”, the Examiner submits that this additional limitation amount to merely using a computer to perform the at least one abstract idea (see MPEP § 2106.05(f)). Regarding the additional limitation “receive user information” and “receiving life…” the Examiner submits that this additional limitation merely adds insignificant pre-solution activity (data gathering; selecting data to be manipulated) to the at least one abstract idea (see MPEP § 2106.05(g)).
Thus, taken alone, the additional elements do not amount to significantly more than the above identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvements in the functioning of a computer or an improvement to another technology or technical field, apply or us the above-noted implement/use to above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception (see MPEP §2106.05). Their collective functions merely provide conventional computer implementation.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into practical application, the additional elements amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using generic computer component provide an inventive concept. The claims are not patent eligible.
Step 2B:
Regarding Step 2B, in representative independent claim 9, regarding the additional limitations of the system, processor, life information reception unit, analysis unit, presentation unit, vital information reception unit, symptom determination unit and user information reception unit, the Examiner submits that these limitations amount to merely using a computer to perform the at least one abstract idea (see MPEP § 2106.05(f)).
Thus, representative independent claim 9 and analogous independent claims 1 and 8 do not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application.
The dependent claims no not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reason discussed above with respect to determining that the dependent claims do not integrate the at least abstract idea into a practical application.
Therefore, claims 1-12 are ineligible under 35 USC §101.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gangwar (WO 2022/086454 A1).
Claim 1:
Gangwar discloses a health support apparatus for supporting symptomatic alleviation or maintenance and improvement of a physical condition of a user, the health support apparatus (See Fig. 1, P0032 where the computing system includes a digital cognitive therapy delivery module, a plurality of mobile computing devices 80, wearable computing and medical devices 88, to interface with medical devices, laboratory management systems and electronic health records.) comprising:
a life information reception unit configured to receive life information including information on activity that the user performs in daily life (See P0032, P0066-P0067 where the wearable computing device is used to detect exercising, heart rate, walking and wellness activities using sensors.);
an analyzer configured to predict, on a basis of the life information and guidance information, an actionable behavior from among the activities, the actionable behavior being an activity that the user would be able to continuously perform when the user is intervened to perform the activity, or an activity that the user would be able to stop when the user is intervened to stop the activity (By analyzing the user’s emotional input, after performing an actionable behavior such as exercising, see P0055, P0059, P0066-P0068, P0118 where asking questions about enjoyment, mood and emotions about the user’s physical therapy, physical wellness, a series of exercises or activities. See P0085 where the cognitive platform 50 enabling further intervention serves as predicting actionable behavior. Also, see cognitive stimulation game therapy in [P0017] an access frequency of content, a time spent with content, an application opening and closing frequency, a task completion within an allotted time, a compliance with an allotted task, a direct feedback from the patient on the likeability and difficulty of the therapy via a questionnaire, and an emotional expression capture indicating a level of enjoyment.); and
a display configured to display the actionable behavior to the user or a medical professional (Exemplary in [P0060] The addition prompts to elicit further discussion can be displayed when the individual has paused for a set amount of time (or as indicated by the voice pattern that they are stopping), or other indications such as negative moods so that new topics can direct the user towards a better mood or cognitive state. Besides cognitive analytics engine 40 generating alerts in P0084-P0085, see Fig. 3 Push Notification Service 322, 334 and 344 mentioned in P0102-P0103 where interventions are presented as actionable behavior to the user or a medical professional.).
With P0017-P0018, P0055, P0066-P0067, P0071 and displayed in P0060
Regarding claim 2 Gangwar discloses the health support apparatus according to claim 1, wherein the life information includes information on emotion of the user when the activity has been performed, the analyzer increases priority of actionable behavior accompanied by non-negative emotion in the actionable behavior, and the display configures to display the actionable behavior for which the analyzer has increased priority in a manner distinguishable from the other actionable behavior (See reminiscence therapy module regarding coming to terms using past happy memories (P0059, P0062-P0063) and compliance to wellness exercises (P0069) as exemplary actionable behavior accompanied by non-negative emotion. Also, see P0095 where recommending various behavioral therapies including the prioritization of therapies serves as analysis for increasing priority in a manner distinguishable from the other actionable behavior.).
Regarding claim 3 Gangwar discloses the health support apparatus according to claim 1 further comprising:
a vital information receiver configured to acquire vital information of the user (See P0108 medical devices such as EEG, heart rate, blood pressure monitors and vitals.); and
a symptom determinator configured to determine a change in a symptom of the user from the vital information, wherein the analyzer identifies the actionable behavior performed before a time when the symptom determinator determines that the symptom has improved, as symptom-related actionable behavior (See P0102-P0103 where reporting symptoms above threshold is a way to determine a change in a symptom of the user from the vital information and by monitoring symptoms for ensuring compliance of the therapy and physical activities construe determining that the symptoms improved, as symptom-related actionable behavior.), and
the display configures to display the symptom-related actionable behavior in a manner distinguishable from the actionable behavior (See P0103-P0104 where compliance of the therapy and physical activities is distinguishable from pushed notification of reported symptoms. Also, see P0086 where the patient uses an App for presenting a reminder, calendar, medication schedule module, and mood tracker.).
Regarding claim 4 Gangwar discloses the health support apparatus according to claim 1, wherein the analyzer statistically estimates the actionable behavior (See P0110 where predicting special effects and therapy adjustments are done using Artificial Intelligence (Al) and Machine Learning (ML), mathematical and statistical techniques.).
Regarding claim 5 Gangwar discloses the health support apparatus according to claim 1, further comprising: a user information receiver configured to receive user information on an attribute of the user; and a model generator configured to estimate the actionable behavior of the user (With attributes as notes taken during a medical exam, see data reports such as laboratory results, diagnostic reports in P0035-P0036.).
Regarding claim 6 Gangwar discloses the health support apparatus according to claim 5, wherein the model generator uses the actionable behavior as correct data and generates a prediction model in which input data is the user information and the life information and output is behavior that the user is able to perform, and the display configures to display the behavior output by the prediction model (See [0072] A cognitive analytics engine 40 is configured to process the patient profile, digital cognitive biomarkers, and the behavioural and physiological biomarkers using an ensemble of population-based and personalised prediction models trained using a plurality of Artificial Intelligence (Al) and Machine Learning (ML) methods.).
Regarding claim 7 Gangwar discloses the health support apparatus according to claim 5, wherein the model generator uses the symptom-related actionable behavior as correct data and generates a prediction model in which input data is the user information and the life information and output is behavior that the user is able to perform, and the display configures to display the behavior output by the prediction model (See P0072 where the generated report serve as the presentation unit and personalized prediction models training.).
Claim 8:
Gangwar discloses a health support method for supporting symptomatic alleviation or maintenance and improvement of a physical condition of a user, the health support method performed by a processor (See Fig. 1, Fig. 3, P0032, P0103 where the computing system includes a digital cognitive therapy delivery module, a plurality of mobile computing devices 80, processor 320, wearable computing and medical devices 88, to interface with medical devices, laboratory management systems and electronic health records.) comprising:
a life information receiver to receive life information including information on activity that the user performs in daily life (See P0032, P0066-P0067 where the wearable computing device is used to detect exercising, heart rate, walking and wellness activities using sensors.);
an analyzer configured to predict, on a basis of the life information and guidance information, an actionable behavior from among the activities, the actionable behavior being an activity that the user would be able to continuously perform when the user is intervened to perform the activity, or an activity that the user would be able to stop when the user is intervened to stop the activity (By analyzing the user’s emotional input, after performing an actionable behavior such as exercising, see P0055, P0059, P0066-P0068, P0118 where asking questions about enjoyment, mood and emotions about the user’s physical therapy, physical wellness, a series of exercises or activities. See P0085 where the cognitive platform 50 enabling further intervention serves as predicting actionable behavior. Also, see cognitive stimulation game therapy in [P0017] an access frequency of content, a time spent with content, an application opening and closing frequency, a task completion within an allotted time, a compliance with an allotted task, a direct feedback from the patient on the likeability and difficulty of the therapy via a questionnaire, and an emotional expression capture indicating a level of enjoyment.); and
a display configured to display the actionable behavior to the user or a medical professional (Exemplary in [P0060] The addition prompts to elicit further discussion can be displayed when the individual has paused for a set amount of time (or as indicated by the voice pattern that they are stopping), or other indications such as negative moods so that new topics can direct the user towards a better mood or cognitive state. Besides cognitive analytics engine 40 generating alerts in P0084-P0085, see Fig. 3 Push Notification Service 322, 334 and 344 mentioned in P0102-P0103 where interventions are presented as actionable behavior to the user or a medical professional.).
Claim 9:
Gangwar discloses the health support method for supporting symptomatic alleviation or maintenance and improvement of a physical condition of a user, the health support method performed by a processor (See Fig. 1, Fig. 3, P0032, P0103 where the computing system includes a digital cognitive therapy delivery module, a plurality of mobile computing devices 80, processor 320, wearable computing and medical devices 88, to interface with medical devices, laboratory management systems and electronic health records.) comprising:
a life information receiving step of receiving life information including information on activity that the user performs in daily life (See P0032, P0066-P0067 where the wearable computing device is used to detect exercising, heart rate, walking and wellness activities using sensors.);
predicting, on a basis of the life information and guidance information, an actionable behavior from among the activities, the actionable behavior being an activity that the user would be able to continuously perform when the user is intervened to perform the activity, or an activity that the user would be able to stop when the user is intervened to stop the activity (By analyzing the user’s emotional input, after performing an actionable behavior such as exercising, see P0055, P0059, P0066-P0068, P0118 where asking questions about enjoyment, mood and emotions about the user’s physical therapy, physical wellness, a series of exercises or activities. See P0085 where the cognitive platform 50 enabling further intervention serves as predicting actionable behavior. Also, see cognitive stimulation game therapy in [P0017] an access frequency of content, a time spent with content, an application opening and closing frequency, a task completion within an allotted time, a compliance with an allotted task, a direct feedback from the patient on the likeability and difficulty of the therapy via a questionnaire, and an emotional expression capture indicating a level of enjoyment.); and
a display configured to display the actionable behavior to the user or a medical professional (Exemplary in [P0060] The addition prompts to elicit further discussion can be displayed when the individual has paused for a set amount of time (or as indicated by the voice pattern that they are stopping), or other indications such as negative moods so that new topics can direct the user towards a better mood or cognitive state. Besides cognitive analytics engine 40 generating alerts in P0084-P0085, see Fig. 3 Push Notification Service 322, 334 and 344 mentioned in P0102-P0103 where interventions are presented as actionable behavior to the user or a medical professional.).
Regarding claim 10, Gangwar discloses the health support apparatus according to claim 1, further comprising a transmitter configured to transmit the actionable behavior (Besides communication with medical devices (P0108), see pushed notifications and sent alerts in P0104.).
Regarding claim 11, Gangwar discloses the health support system according to claim 8, further comprising a transmitter configured to transmit the actionable behavior (Besides communication with medical devices (P0108), see pushed notifications and sent alerts in P0104.).
Regarding claim 11, Gangwar discloses the health support method according to claim 9, further comprising a transmitting step of transmitting the actionable behavior (Besides communication with medical devices (P0108), see pushed notifications and sent alerts in P0104.).
Response to Arguments
Applicant alleges that the actionable behavior in claim 1 is not categorized into any of the above "methods of certain methods of organizing human activity” and “a mental process” groupings. See pgs. 6-8 of Remarks – Examiner disagrees.
Neither broadly claimed claim1, nor the specification describe how actionable behavior can be analyzed for a user. For example, there’s no mentioning of machine learning, artificial intelligence (AI) processing or robotics in Applicant’s paragraph 7 that would distinguish that the analyzing and predicting actionable behavior of another human being was performed by humans interactively and using incorporated knowledge.
Applicant’s amendments under 35 USC § 112 have been fully considered, but are now moot in view of the new grounds of rejection. While the Examiner has dropped the 112(f) rejections, other 112(a) and 112(b) rejections have been entered as new rejections.
Applicant’s arguments have been fully considered, but are now moot in view of the new grounds of rejection. The Examiner has entered a new rejection under 35 USC § 102(a)(2) and applied art already of record.
Applicant argues that Gangwar fail to disclose or teach “an active behavior,” but the term “an active behavior,” could not be found in the specification.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., an active behavior ]) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERESA S WILLIAMS whose telephone number is (571)270-5509. The examiner can normally be reached Mon-Fri, 8:30 am -6:30 pm.
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/T.S.W./Examiner, Art Unit 3687 10/14/2025
/MAMON OBEID/Supervisory Patent Examiner, Art Unit 3687
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