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 .
Claim Objections
Claims 1-10 are objected to because of the following informalities:
“a time interval until the next bite” recited in claim 1, ln. 11-12 should likely read “a time interval until [[the]]a next bite”;
“wherein a mastication information” recited in claim 2, ln. 5 should likely read “wherein [[a ]]mastication information”;
“the information of real food” recited in claim 2, ln. 8 should likely read “the information [[of]]about the real food” for consistency purposes;
“the measurement information of the blood sugar level sensor” recited in claim 2, ln. 9-10 should likely read “the obtained from the blood sugar level sensor” for consistency purposes;
“measures a executed number of times” recited in claim 2, ln. 10-11 should likely read “measures an executed number of times”;
“wherein the control device displays a message to make a time interval longer than the time interval until the next bite when the measured value of the blood sugar level sensor exceeds a certain range” recited in claim 3, ln. 2-5 should likely read “wherein the control device displays a message to increase the time interval until the next bite when [[the]]a measured value of the blood sugar level sensor exceeds a certain range” to avoid claim ambiguity;
“the measured value of the blood sugar level sensor” recited in claim 4, ln. 3-4 should likely read “[[the]]a measured value of the blood sugar level sensor”;
“based on a detection data” recited in claim 5, ln. 3-4 should likely read “based on [[a ]]detection data”;
“until the next bite” recited in claim 6, ln. 8 should likely read “until [[the]]a next bite”;
“from an real food information” recited in claim 6, ln. 8 should likely read “from [[an ]]real food information”;
“captured image, and the measured blood sugar” recited in claim 6, ln. 9 should likely read “captured image[[,]] and the measured blood sugar”;
“as an AR objects” recited in claim 6, ln. 12 should likely read “as [[an]]the AR objects”;
“claim 6, wherein detecting a mastication information” recited in claim 7, ln. 2-3 should likely read “claim 6, further comprising detecting [[a ]]mastication information”;
“image, and the measured blood sugar level” recited in claim 7, ln. 7 should likely read “image[[,]] and the measured blood sugar level”;
“measuring a executed number of times” recited in claim 7, ln. 8 should likely read “measuring an executed number of times”;
“claim 7, wherein displaying” recited in claim 8, ln. 2-3 should likely read “claim 7, further comprising displaying”;
“to make a time interval longer than the time interval” recited in claim 8, ln. 3-4 should likely read “to increase the time interval”;
“claim 7, wherein displaying” recited in claim 9, ln. 2-3 should likely read “claim 7, further comprising displaying”; and
“claim 9, wherein determining” recited in claim 10, ln. 2-3 should likely read “claim 9, further comprising determining”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites in part “wherein the control device determines, from information about a real food obtained from the captured image and information obtained from the blood sugar level sensor, an amount eaten in one bite and a time interval until the next bite, and the amount eaten in one bite and the time interval until the next bite are displayed as the AR objects”. However, when read in light of the Specification, it is indefinite as to whether the amount eaten in one bite is determined and displayed as an AR object, or whether the claim is intended to read “an amount recommended to be eaten in one bite” (See Specification, [0009], wherein the only location of the Specification reciting that the amount eaten in one bite is displayed as an AR object is in summary of the invention and is merely a recitation of the language of claim 1; see further Specification, Figs. 3 & 21A; [0011]; [0018-0019]; [0062], wherein a recommended amount of one bite for a dish that a wearer of the head mounted display is about to eat is displayed as an AR object).
A suggested amendment is as follows (absent the claim objection(s) above): “wherein the control device determines, from information about a real food obtained from the captured image and information obtained from the blood sugar level sensor, an amount recommended to be eaten in one bite and a time interval until the next bite, and the amount recommended to be eaten in one bite and the time interval until the next bite are displayed as the AR objects”.
Independent claim 6 is rejected for the same reasoning. A suggested amendment is as follows (absent the claim objection(s) above): “determining an amount recommended to be eaten in one bite […] and displaying the amount recommended to be eaten in one bite”.
Dependent claims 2-5 and 7-10 are rejected by virtue of their dependencies on claims 1 and 6, respectively.
Acknowledgments
As presented, the combination of all the elements of the independent claims do not appear in a single reference of prior art. Additionally, based on the art of record, it does not appear that it would have been obvious to a person of ordinary skill in the art at the time the application was filed to combine various pieces of the cited prior art to obtain each and every limitation as currently required by the independent claims. Accordingly, no prior art is applied to claims 1-10. However, the claims remain rejected under 35 U.S.C. 112(b), as presented above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a. U.S. Pub. 2017/0270820 A1 – This reference teaches a sensor for determining parameters such as a volume of food based on the duration of time to chew an amount of food and chew speed, and provides recommendations for the user to adjust chew speed to help the user pace their eating according to goals (e.g., calorie threshold per meal/day/etc.).
b. U.S. Pub. 2016/0132642 A1 – This reference teaches a device for monitoring food intake (e.g., total count, or rate, at which bites of food are taken), wherein the device includes a sensor, such as a blood sugar monitor.
c. U.S. Pub. 2015/0168365 A1 – This reference teaches capturing images of food to estimate the quantity of food in order to determine estimated caloric intake.
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/ALYSSA N BRANDLEY/Examiner, Art Unit 3715