CTNF 18/292,925 CTNF 85173 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION This communication is a non-final action in response to application filed on 01/29/2024. Claims 1-16 are pending. Information Disclosure Statement The IDS filed on 01/29/2024 is considered. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 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 1-16 are rejected under 35 U.S.C. 101 because they recite an abstract idea without significantly more. Step 2A prong 1 As per claim 1, the following limitations recites an abstract ideal. acquiring device information indicating at least manipulations performed by a user from one or more [devices]; analyzing the device information to specify a manipulation pattern, the manipulation pattern being a pattern in which the one or more [devices] are manipulated in a chronological sequence; acquiring user information indicating a state of the user; and determining an adopted manipulation order as a manipulation order from the manipulation pattern in such a manner that load on the user changes depending on the state of the user, the manipulation order being an order of manipulations to be performed in a chronological sequence on the one or more [devices]. The above limitations, in a combination, show a series of rules to be followed for determining an order of manipulations to be performed. This is following rules and would therefore fall within certain methods of organizing human activities. Examiner notes while claim language specifies manipulation, these are merely a listing (ordering) of such manipulations. They do not represent physical movement but instead, merely describing a plan of actions. Furthermore, with the above description in mind, these step also falls under a mental processes as they would fall similarly as EPG’s collecting information, analyzing the information, and as well as a person exercising judgement and determination. In any case, claim 1 recites an abstract idea. Step 2A prong 2 The additional element is processor memory and the device. As per processor and memory, they’re merely generic computer being discussed in high level generality that are merely used to implement the recited abstract idea. As per the device, the device is broad enough to encompass a television (0012) that can be turned on/off, which is not very different from a generic computer at the effective filing date of present invention for at least the reason that content provider commonly stream its content via internet. Further, while 0012 describe devices being home appliances, they do not serve as definition to device that limit the meaning of the term. Therefore, device is broad enough to encompass a generic computer structure. In this case, the device is merely being used as the intended operating environment. Further, as noted above, the determined order is merely a listing of actions, the device doesn’t need to perform these manipulations, whether these manipulations are generic computer functions or not. Such device would be merely generally linking the abstract idea into a particular field of use, regardless whether the device is a generic computer component or not. Even when viewed as an ordered combination, the additional elements are still nothing more than merely generally linking the abstract idea to a particular filed of use and/or mere instructions to implement the abstract idea onto a computer. Therefore, claim 1 is not integrated into practical application. Step 2B As analyzed above in step 2A prong 2, of which the analysis is still applicable in step 2B, the additional elements are nothing more than merely generally linking the abstract idea into a particular field of use and/or mere instructions to implement the abstract idea onto a computer. They also would not provide significantly more to an abstract idea. Therefore, claim 1 is not eligible. Claims 2-14 merely uses the same additional element similarly on additional rules that would still fall under the same abstract idea. They would be analyzed similarly as claim 1 and arrive at the same conclusion. Claims 15-16 contain limitations substantially similar to claim 1 and would be analyzed similarly to arrive at the same conclusion. Therefore, claims 2-16 are also not eligible. Examiner recommends limiting device to appliances that would not fall under generic computer and physically manipulate these amended device(s) to overcome the above 101 rejection. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15-aia AIA Claim(s) 1, 11, 12, 14-16 is/are rejected under 35 U.S.C. 102 (a)(1) and 102(a)(2) as being anticipated by Toong (US 20200013504) As per claim 1, Toong discloses an information processing apparatus comprising: a processor to execute a program (Fig. 3, processors); and a memory to store the program which, when executed by the processor, performs processes of (0029, memory), acquiring device information indicating at least manipulations performed by a user from one or more devices (0054, physical therapy devices and its usage being monitored. See 0165-0167 that diaper can be embedded with sensors such as patches); analyzing the device information to specify a manipulation pattern, the manipulation pattern being a pattern in which the one or more devices are manipulated in a chronological sequence (0054, detecting failure to wear a device. See also 0165-0167 regarding an example of analyzing diaper usage); acquiring user information indicating a state of the user (0054, 0165-0167, detection of diaper usage or usage of wearing a particular device); and determining an adopted manipulation order as a manipulation order from the manipulation pattern in such a manner that load on the user changes depending on the state of the user, the manipulation order being an order of manipulations to be performed in a chronological sequence on the one or more devices (0169, notification sent to user to modify user behavior. Patch can also be instructed to delivery neural stimulator. Examiner notes “in such a manner that load on the user changes depending on the state of the user” is intended use language ). As per claim 11, Toong further discloses the information processing apparatus according to claim 1, wherein the processor outputs the adopted manipulation order (0169, notification is sent). As per claim 12, Toong further discloses the information processing apparatus according to claim 1, wherein the processor provides an output recommending to perform corresponding manipulations in accordance with a chronological sequence of the adopted manipulation order (0169, notification to user so user uses toilet), and Feeds back a response of a user to the output to determination of the adopted manipulation order (0094, use of toilet is monitored and frequency tracked) As per claim 14, Toong further discloses the information processing apparatus according to claim 1, wherein the processor acquires environmental information indicating a physical quantity related to an environment of the one or more devices (0148, system counts the number of diapers used by user to determine patterns of usage); and determines the adopted manipulation order based on the manipulation pattern and the environmental information in such a manner that load on the user varies in accordance with the state of the user and the physical quantity (0169, modified patient behavior may be to use less diapers. Examiner notes that “in such a manner that load on the user varies in accordance with the state of the user and the physical quantity” is intended use language ). Claims 15-16 contain limitations substantially similar to claim 1 and are rejected under similar rationale set forth above . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-21-aia AIA Claim (s) 2, 4-7, 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toong (US 20200013504) in view of Dibenedetto (US 20200335006) . As per claim 2, Toong further discloses the information processing apparatus according to claim 1, wherein the processor generates a regular manipulation order from the manipulation pattern, the regular manipulation order being an order of manipulations to be performed in a chronological sequence on the one or more devices by the user (0054, 0165-0167, detection of diaper usage or usage of wearing a particular device), generates a light-load manipulation order from the regular manipulation order, the light-load manipulation order being a manipulation order in which the load on the user is smaller than the regular manipulation order, generates a heavy-load manipulation order from the regular manipulation order, the heavy-load manipulation order being a manipulation order in which the load on the user is larger than the regular manipulation order, selects one manipulation order from the regular manipulation order, the light-load manipulation order, and the heavy-load manipulation order in accordance with the state of the user (0169, user bathroom usage is modified with the help of notification or neural stimulator), and determines the selected manipulation order as the adopted manipulation order (0169, user bathroom usage is modified with the help of notification or neural stimulator). Toong discloses a modification of manipulation order that modifies load on user but does not explicitly disclose whether the change would cause larger or smaller load, just that the modified behavior is better for the patient (e.g., to prevent leakage, see 0169). Toong although describe an example in detail regarding tracking diaper usage, it also teaches tracking exercise and movement of user (0054) and modification of user can also involve modifying user’s outing (0098). Dibenedetto teaches tracking a series movement using sensors that indicates a manipulation order of devices (0133, stride rate can be sensed. See Fig. 2A and 0083 that motion monitor 104 can be installed on shoes). Dibendetto further teaches generates a light-load manipulation order from the regular manipulation order, the light-load manipulation order being a manipulation order in which the load on the user is smaller than the regular manipulation order (0343, individual player needs a rest period), generates a heavy-load manipulation order from the regular manipulation order, the heavy-load manipulation order being a manipulation order in which the load on the user is larger than the regular manipulation order (0209, user needs to increase stride rate to reach goal), Therefore, it would have been obvious for one ordinary skilled in the art before the effective filing date of present invention to combine Dibendetto’s movement tracking and exercise recommendation with Toong’s patient monitoring system for the purpose of monitoring user movement. As per claim 4, Toong further discloses the information processing apparatus according to claim 2, wherein the user information at least includes information capable of specifying whether the user is healthy or unhealthy (0085, biometric data including heart rate can be monitored), and Toong does not but Dibendetto teaches processor is more likely to select the light- load manipulation order as the adopted manipulation order when the user is unhealthy than when the user is healthy (0343, 0209, player needs rest when performance is inferior and user needs to increase stride if user hasn’t reached target rate). The rationale to combine would persist. As per claim 5, Toong further discloses the information processing apparatus according to claim 2, wherein,the user information at least includes information capable of specifying a fatigue level of the user (0085, biometric data including heart rate can be monitored), and Toong does not but Dibendetto teaches processor is more likely to select the light- load manipulation order as the adopted manipulation order when the fatigue level of the user is higher and is more likely to select the heavy-load manipulation order as the adopted manipulation order when the fatigue level of the user is lower (0343, 0209, player needs rest when performance is inferior and user needs to increase stride if user hasn’t reached target rate). The rationale to combine would persist As per claim 6, Toong further discloses the information processing apparatus according to claim 2, wherein, the user information at least includes information capable of specifying a step count of the user (0085, 0091, biometric data including heart rate and step count can be tracked), and Toong does not but Dibendetto teaches processor is more likely to select the light- load manipulation order as the adopted manipulation order when the step count of the user is higher and is more likely to select the heavy-load manipulation order as the adopted manipulation order when the step count of the user is lower (0343, 0209, player needs rest when performance is inferior and user needs to increase stride if user hasn’t reached target rate). The rationale to combine would persist As per claim 7 Toong further discloses the information processing apparatus according to claim 2, wherein the processor generates the light-load manipulation order by omitting at least one manipulation included in the regular manipulation order (0169, reducing diaper usage by reducing trip to bathroom). Toong does not explicitly disclose omitted order being a light load manipulation. Dibendetto teaches a reduced manipulation order can be associated with lighter load on user (0343, user needs rest, which would reduce exercise level of user) The rationale to combine would persist. As per claim 9, Toong further discloses the information processing apparatus according to claim 2, wherein the processor specifies a movement- line distance for each combination of two of the devices (0091, step count being tracked), and Toong does not but Dibendetto teaches using two devices and generates the light-load manipulation order by changing the sequence of the manipulations in the regular manipulation order in such a manner that the total movement-line distance traveled by the user for the light-load manipulation order is smaller than the total movement-line distance traveled by the user for the regular manipulation order, the movement-line distance being a distance traveled by the user (0209, 0343, user status can be tracked using stride rate. User performance can be monitored and determine that rest is needed). The rationale to combine would persist. As per claim 10, Toong further discloses the information processing apparatus according to claim 2, wherein the processor specifies a movement- line distance for each combination of two of the devices (0091, step count being tracked), and Toong does not but Dibendetto teaches using two devices and generates the heavy-load manipulation order by changing the sequence of the manipulations in the regular manipulation order in such a manner that the total movement-line distance traveled by the user for the heavy-load manipulation order is larger than the total movement-line distance traveled by the user for the regular manipulation order, the movement-line distance being a distance traveled by the user (0209, 0343, user status can be tracked using stride rate and determined that user needs to increase stride rate to reach goal). The rationale to combine would persist . 07-21-aia AIA Claim (s) 3, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toong (US 20200013504) in view of Dibenedetto (US 20200335006), further in view of Yoshida (JPH11316037) . As per claim 3, Toong does not but Yoshida teaches the information processing apparatus according to claim 2, wherein the user information indicates at least an age of the user (0008 user’s age is used as basis for determination), and processor is more likely to select the light- load manipulation order as the adopted manipulation order when the age of the user is higher and is more likely to select the heavy-load manipulation order as the adopted manipulation order when the age of the user is lower (0031, younger child is set at lower temperature (26 degree) while older child is set at higher temperature (28 degree)). Therefore, it would have been obvious for one ordinary skilled in the art before the effective filing date of present invention to combine Yoshida’s air conditioner setting with Toong’s patient monitoring system for the purpose of automating environmental control of patient’s living area. As per claim 8, Toong does not but Yoshida teaches the information processing apparatus according to claim 2, wherein the processor generates the light-load manipulation order by automatically performing at least one manipulation included in the regular manipulation order (0031, air conditioner setting is remotely set based on user’s age). The rationale to combine would persist . 07-21-aia AIA Claim (s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toong (US 20200013504) in view of Yoshida (JPH11316037) . As per claim 13, Toong further discloses the information processing apparatus according to claim 1, wherein the processor accepts input from the user (see Fig. 2, user’s presence can be monitored using camera). provides an output recommending to perform corresponding manipulations in accordance with a chronological sequence of the adopted manipulation order (0169, user can be notified to go to an area such as toilet) Toong does not but Yoshida teaches wherein a target device of the corresponding manipulations out of the one or more devices to execute control for the corresponding manipulations when input indicating that the user is to perform the corresponding manipulations is made and the corresponding manipulations are to be performed automatically (0031, based on occupant’s age and health condition, temperature setting can be changed). Therefore, it would have been obvious for one ordinary skilled in the art before the effective filing date of present invention to combine Yoshida’s air conditioner setting with Toong’s patient monitoring system for the purpose of automating environmental control of patient’s living area. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE CHEN whose telephone number is (571)270-5499. The examiner can normally be reached Monday-Friday, 8:30 AM -5:00 PM Eastern. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynda Jasmin can be reached at 571-272-6782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. GEORGE CHEN Primary Examiner Art Unit 3628 /GEORGE CHEN/Primary Examiner, Art Unit 3628 Application/Control Number: 18/292,925 Page 2 Art Unit: 3628 Application/Control Number: 18/292,925 Page 3 Art Unit: 3628 Application/Control Number: 18/292,925 Page 4 Art Unit: 3628 Application/Control Number: 18/292,925 Page 5 Art Unit: 3628 Application/Control Number: 18/292,925 Page 6 Art Unit: 3628 Application/Control Number: 18/292,925 Page 8 Art Unit: 3628 Application/Control Number: 18/292,925 Page 9 Art Unit: 3628 Application/Control Number: 18/292,925 Page 10 Art Unit: 3628 Application/Control Number: 18/292,925 Page 14 Art Unit: 3628 Application/Control Number: 18/292,925 Page 15 Art Unit: 3628 Application/Control Number: 18/292,925 Page 16 Art Unit: 3628
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