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 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.
1. Claims 1-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
The independent claims 1 and 14 recite a system/method for “supporting a treatment based on the exposure of a user or a surface to solar radiation” wherein the system is configured “to send to said server geographic user or surface location data, said specific data of the user or surface relevant for the administration of said treatment … and configured to receive from said sources and send to said server atmospheric satellite and/or meteorological data related to environmental parameters in the geographic location occupied by said users or surfaces… and configured to process operational information for the administration of the treatment and to run a computer program which, if run, performs an analysis of the overall therapeutic effect including potentially harmful effects for the user, taking into account said atmospheric satellite and/or meteorological data, said geographic user or surface location data, said specific data of the user or the surface, said operational information comprising at least repeated information over time relating to an effective or beneficial dose of solar radiation effective for treatment or beneficial for health that the user or surface has received and/or has yet to receive, and for an effective or harmful dose of effective or harmful solar radiation that the user or surface has received and/or has yet to receive”. The limitation, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. For example, taking in geographical and weather related data and then determining how much solar radiation a user/surface can be exposed to could simply be done by looking at the data on a printout or screen or could be accomplished mentally. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. This judicial exception is not integrated into a practical application.
The components are recited at a high-level of generality such that it amounts no more than any structure that can look take in geographical and weather related data and generate a treatment plan/dose recommendation. Further, the use of servers and interfaces in the dependent claims, are merely insignificant extra-solution activity of data gathering. Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The additional elements, such as servers, interfaces, processors, terminals, and memory means, while being mere structures for data gathering are also well-understood, routine, conventional activity that is widely prevalent or common use in the relevant industry. The use of these elements to gather/send/receive information are well known in the art as disclosed by the following references: US 20190145820 A1 and US 20150102208 A1. Well-understood, routine and conventional activity cannot be significantly more than the abstract idea itself. The claims are not patent eligible.
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 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.
(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.
2. Claim(s) 1, 3-7, 9-10, 14, and 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dumont (US 20190145820 A1).
In regards to claims 1 and 14, Dumont discloses a system/method for supporting a treatment based on the exposure of a user or a surface to solar radiation (Abstract and Par. 0004 teaches a treatment using solar radiation), the system comprising
a server accessible through a telecommunications network (Par. 0023 teaches a computer, i.e. server),
one or more telecommunication terminals arranged in the immediate vicinity of the respective users or surfaces and provided with geographic location means (Par. 0130 teaches a phone, i.e. telecommunication terminal, that can obtain location of the user) and
a memory for storing specific data of the user or the surface relevant for the administration of said treatment (Par. 0151 teaches a memory),
one or more multi-directional communication interfaces between said server and one or more terminals associated with said users or surfaces subjected to said treatment, configured to send to said server geographic user or surface location data, said specific data of the user or surface relevant for the administration of said treatment (Fig 1 teaches wireless receivers [165] and wireless transceiver [155] for transmitting information like location),
one or more communication interfaces between said server and one or more atmospheric satellite and/or meteorological data sources configured to receive from said sources and send to said server atmospheric satellite and/or meteorological data related to environmental parameters in the geographic location occupied by said users or surfaces, comprising data related to incident solar radiation (Par. 0169 teaches using an internet connection, i.e. communication interface, to obtain the current weather and sunset/sunrise times from a weather API, i.e. a meteorological data source. see also Par. 0260),
a processing unit operatively integrated with said server and configured to process operational information for the administration of the treatment and to run a computer program which, if run, performs an analysis of the overall therapeutic effect including potentially harmful effects for the user, taking into account said atmospheric satellite and/or meteorological data, said geographic user or surface location data, said specific data of the user or the surface (Par. 0106 teaches a microprocessor. Par. 0079 teaches using algorithms, i.e. computer program, to take in patient data, such as location and current weather information, and then make a determination on how much UV/solar radiation the user should be exposed to without it being harmful),
said operational information comprising at least repeated information over time relating to an effective or beneficial dose of solar radiation effective for treatment or beneficial for health that the user or surface has received and/or has yet to receive, and for an effective or harmful dose of effective or harmful solar radiation that the user or surface has received and/or has yet to receive (Par. 0154-0162 teaches determining the safe/healthy amount of UV/solar radiation based on the user and also determining the harmful amount by using a threshold analysis).
In regards to claim 3, Dumont discloses the system according to claim 1, wherein said one or more multi-directional communication interfaces comprises an application for portable devices which can be run by means of said terminals (Par 0105 teaches using an application on a phone).
In regards to claim 4, Dumont discloses the system according to claim 1, wherein said one or more communication interfaces between said server and one or more atmospheric satellite and/or meteorological data sources comprise a web portal (Par. 0169 teaches using an internet connection, i.e. web, to obtain the current weather/meteorological data)
In regards to claim 5 and 16, Dumont discloses the system according to claim 1 supporting a treatment based on the exposure of a user or a surface to solar radiation, further comprising at least one further interface operatively connected with said server, configured to provide one or more of said processed operational information to the users and/or subjects supervising the performance of the treatment (Par. 0105 teaches an interface to show the user information about the UV exposure/treatment).
In regards to claim 6, Dumont discloses the system according to claim 1 supporting a treatment based on the exposure of a user or a surface to solar radiation, wherein said operational information comprises information useful for optimizing desired effects of exposure to solar radiation and minimizing the risks of side effects and adverse effects (Par. 0017 teaches a user can input their own history and information to improve the UV dose and effects).
In regards to claim 7, Dumont discloses the system according to claim 1 supporting a treatment based on the exposure of a user or a surface to solar radiation, wherein said further interface is configured to send said operational information to supervisory subjects arranged at a distance with respect to said users or surface (Par. 0142-01433 teaches sending alerts and information)
In regards to claim 9, Dumont discloses the system according to claim 1 supporting a treatment based on the exposure of a user (U) to solar radiation, wherein said processing unit is configured to run a program for processing operational information for the administration of one or more treatments based on solar radiation, including photodynamic therapy, cosmetic or aesthetic therapy, photo-rejuvenation therapy or photo-retouching of skin photoaged and/or damaged by solar rays, neurofibroma treatment, treatment of local skin reactions, hardening and desensitisation of the skin by solar radiation, treatment of solar polymorphic dermatitis, antimicrobial therapies, heliotherapy, climatotherapy, balneotherapy, treatment by solar radiation of disorders to include actinic keratosis, psoriasis, vitiligo, acne, eczema, tumours and pre-tumors of the skin, DNA damage of the skin, atopic dermatitis, jaundice, lichen planus, circadian disorders, eye disorders, deficiency or maintenance of nutrients essential to human health, with or without the use of products, such as supplements or stimulants for the production of the substance by solar radiation and/or photo protective solar filters, and possibly suggesting the optimal choice between different available options of such products based on said atmospheric data, said geographical location data, and said specific user data based on the processing of the history of such data (Par. 0008 teaches using UV/solar radiation to treat psoriasis. The use of “possibly” in the claim language makes this part of the claim optional. Since the art of Dumont has the same structure as the claims, it would be capable of this possible suggestion).
In regards to claim 10, Dumont discloses the system according to claim 1 supporting a treatment based on the exposure of a user to solar radiation, comprising at least one wearable device for use by a user, connected to a personal user terminal and configured to detect and send to the terminal data related to the orientation/position of the user's body in order to allow the processing unit to process information related to the effective solar radiation on all areas of the user's body and/or identify the individual's mode of exposure to sun, such as exposure in full light, in shade, in partial share or in a situation of complete shielding from the solar radiation (Par. 0004 teaches a wearable device that comprises an orientation sensor to measure UV exposure to a subject)
In regards to claim 17, Dumont discloses the system according to claim1, wherein the effective or beneficial dose of solar radiation effective for treatment or beneficial for health that the user or surface has received and/or has yet to receive relates to one or more of: skin radiation-based phototherapy; ocular radiation-based phototherapy; solar radiation-based phototherapy, vitamin D synthesis; circadian system treatment, and immune system support (Par. 0011 teaches that UV/solar radiation is used to treat Vitamin D deficiency).
In regards to claim 18, Dumont discloses the system according to claim1, wherein the effective or harmful dose of effective or harmful solar radiation that the user or surface has received and/or has yet to receive relates to one or more of erythema; burn; photoageing; and cancer risk (Par. 0004 teaches the UV/solar radiation can be used for skin cancer treatment).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
3. Claim(s) 2, 8, 12-13, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dumont in view of Appelboom (US 20150102208 A1).
In regards to claim 2 and 8, Dumont teaches the system according to claim 1/14, except for wherein said one or more multi-directional communication interfaces between said server and one or more terminals associated with said users or surfaces subjected to said treatment are further configured to send to said server data relating to supplements or stimulants for the production of systemic substances, such as vitamin D, melatonin, and/or sunscreens and/or systemically and/or topically administrable photosensitising substances for use by the user and/or antimicrobial spray/paint for surfaces relevant for the administration of treatment, and
said processing unit being further configured to run said computer program which, if run, performs an analysis taking into account said data relating to supplements or stimulants for the production of systemic substances, such as vitamin D, melatonin, and/or sunscreens and/or systemically and/or topically administrable photosensitising substances for use by the user and/or antimicrobial spray/paint for surfaces that are relevant for treatment administration.
However, in the same field of endeavor, Appelboom teaches a wearable device to monitoring UV/solar radiation applied to treat disease (Abstract and Par, 0020-0025) wherein the system can take in clinical information such as sunscreen usage, (Par. 0036) in order to make the most accurate prediction of how much UV/solar radiation a user can be exposed to before it becomes harmful.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of Dumont and modified them by having the system take in clinical information, as taught and suggested by Appelboom, in order to make the most accurate prediction of how much UV/solar radiation a user can be exposed to before it becomes harmful.
In regards to claims 12-13, the combined teachings of Dumont and Appelboom teaches the system according to claim 2 supporting a treatment based on the exposure of a surface to solar radiation, wherein said antimicrobial substances associated with one or more surfaces are subjected to said treatment comprising photo-activated substances which, if illuminated by the incident solar radiation, produce oxygen molecules disinfecting the surface (The claim limitation of claim 2 does not actually require antimicrobial substances associated with one or more surfaces since it recites “and/or” before this limitation. Claim 1 also recites a system for “user or a surface” thus not requiring both of these things. However, to aid in compact prosecution, Myntti (US 20190014777 A1) teaches disinfecting a surface with antimicrobials)
In regards to claim 15, the combined teachings of Dumont and Appelboom teach the method according to claim 14 characterized in that it includes a step to evaluate the relevance of one or more products, such as supplements or stimulants, sunscreens and/or photosensitizing substances and/or antimicrobial sprays/paints associated with one or more users or surfaces subjected to said treatment, and sending to said server said data relating to said products relevant to the performance of the treatment, wherein said processing unit runs through said computer program an analysis of the effect of the overall treatment also due to said data relating to said products and possibly suggesting the optimal choice between different available options of said products based on said atmospheric data, said geographical location data, said specific user data based on the processing of the history of said data (Par. 0036-0048 of Appelboom teaches the system taking in sensor data and analyze it using a computing device and then using that to determine if/when to use treatments such as sunscreen/if they are being effective/if they need more . See also Par. 0067 of Appelboom).
4. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dumont in view of Lian (US 20160305819 A1).
In regards to claim 11, Dumont teaches the system according to claim 1 except for supporting a treatment based on the exposure of a user to solar radiation, wherein said specific data of the user relevant for the administration of said treatment comprise personal data comprising photographs of the individual's skin lesions, and said further interface is configured to send said photographs to a processing and evaluation system in the post-therapy step, preferably through artificial intelligence.
However, in the same field of endeavor, Lain teaches a system for measuring and esposing a user to does of UV (Abstract) wherein the system can take in and analyze images of the skin (Par. 0039) in order to make more accurate suggestions about the UV dosage applied to a user (Par. 0039).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of Dumont and modified them by having the system analyze images of the users skin, as taught and suggested by Lain, in order to make more accurate suggestions about the UV dosage applied to a user (Par. 0039 of Lain)
Conclusion
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/S.L.C./Examiner, Art Unit 3792
/NIKETA PATEL/Supervisory Patent Examiner, Art Unit 3792