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 .
DETAILED ACTION
Status of Claims
The present Office Action is pursuant to Applicant’s communication on 11-09-2023. This application has PRO of 63496267 04/14/2023.
Information Disclosure Statement
The information disclosure statements (IDS) filed on 03-14-2025, have been acknowledged. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Patentability Summary
Independent claim(s) 1, 8, 15 and dependent claim(s) 2-7, 9-14 and 16-20 is/are directed to a technical solution to a technical problem associated with displaying on a user device an intervention based on a determination that the user is likely to complete the intervention based on parental compliance metrics and generated population health metric, infant health metric, and intervention data.
Thus, based on the aforementioned summary, the combination of limitations corresponding to the aforementioned claim(s) is/are patent eligible.
Claim Rejections - 35 USC § 103
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 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 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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3-8, 10-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2019/0088357) in view of Jain (US 11,296,971).
Regarding claim 1, 8, 15, Lee discloses: An infant health care device, the device comprising a processor, A method, A system comprising a memory storing computer-executable instruction executable by a processor; and the processor, upon execution of the computer executable instructions, is configured to:
receive, from a user device, a first infant health metric comprising a first parental compliance metric, wherein the first parental compliance metric is associated with a quantity of use of the infant health care device; [¶¶72-73, 85: employing “frequent tracking” and receiving “responses to queries” and received “perceptions in responses delivered to “surveys”; see also claim 1, and claims 11-18]
generate, based in part on the first infant health metric and a population health trajectory, a first infant health trajectory and a corresponding first intervention data set, wherein the first infant health trajectory is based on the first parental compliance metric (i.e., employing population data analysis to enable comparisons with monitored users including infants to establish guides related to states such as feeding states and assign feeding states); [¶¶91-92, see claim(s) 11-18 associated with interventions based on received metrics]
determine a first supplement data of the first intervention data set based in part on the first infant health trajectory and a respective expected benefit of each intervention of the first intervention data set; [¶¶91-92, see claim(s) 11-18 associated with interventions based on received metrics]
send, to the user device, a first intervention from the first intervention data set selected based on the first supplement data; [¶¶93-95: determining interventions, and delivering these to users]
receive, from the user device, a second infant health metric; [¶¶91-92, see claim(s) 11-18 associated with interventions based on received metrics]
generate, based in part on the first infant health trajectory, the second infant health metric, and the population health trajectory, a second infant health trajectory and a corresponding second intervention data set; [See claims 11-18]
determine a second supplement data of the second intervention data set based in part on the second infant health trajectory and a respective expected benefit of each intervention of the second intervention data set (i.e., having subsequent intervention actions based on tracked conditions); [¶¶91-92, see claim(s) 11-18 associated with interventions based on received metrics]and
Regarding [h], Lee discloses sending notification alerts (i.e., displays on a communication device of a user); [¶73]
Regarding [a]-[h], Lee does not explicitly disclose as disclosed by Jain:
display, on the user device, a second intervention from the second intervention data set selected based on the second supplement data, wherein the second intervention is displayed based on a condition that a user of the user device is likely to complete the second intervention (i.e., providing notifications to participant devices in association with compliance associated with rankings of interventions based on benefits and ranked compliance); [122:41:123:6: sending notifications to stem harms caused by “inconsisten[cies]” and attendant “health risks” associated with “participants” who are “inconsistent”]
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have modified Lee, including mechanism(s) [a]-[h], as taught by Jain. One of ordinary skill would have been motivated to employ said mechanism(s) to promote intervention activities highly correlated with a compliance likelihood related to health benefits of a monitored user(s). [191:28-67]
Regarding claim 3, 10, 16, Lee-Jain as a combination discloses: The infant health care device of claim 1, claim 8, 15, Jain disclosing [a]: the first supplement data comprising [a]: a ranking of one or more interventions of the intervention data set. [191:28-67]
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have modified Lee, including mechanism(s) [a], as taught by Jain. One of ordinary skill would have been motivated to employ said mechanism(s) to promote intervention activities highly correlated with a compliance likelihood related to health benefits of a monitored user(s). [191:28-67]
Regarding claim 4, 11, 17, Lee-Jain as a combination discloses The infant health care device of claim 1, claim 8, claim 15, Jain disclosing [a]: the first supplement data comprising a plurality of corresponding point values for one or more interventions of the intervention data set (i.e., determining scores and ranks to prioritize interventions with individuals with a high need of intervention associated with benefits to said individuals). [191:28-67]
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have modified Lee, including mechanism(s) [a], as taught by Jain. One of ordinary skill would have been motivated to employ said mechanism(s) to promote intervention activities highly correlated with a compliance likelihood related to health benefits of a monitored user(s). [191:28-67]
Regarding claim 5, 12, 18, Lee-Jain as a combination discloses The infant health care device of claim 4, claim 11, claim 17, Jain disclosing [a]: wherein a point value of the plurality of point values is indicative of a level of encouragement to apply an intervention of the intervention data set to an infant corresponding to the infant health care device. [191:28-67]
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have modified Lee, including mechanism(s) [a], as taught by Jain. One of ordinary skill would have been motivated to employ said mechanism(s) to promote intervention activities highly correlated with a compliance likelihood related to health benefits of a monitored user(s). [191:28-67]
Regarding claim 6, 13, 19, Lee-Jain as a combination discloses The infant health care device of claim 4, claim 11, 17, Jain disclosing: wherein:
a first point value of the plurality of point values corresponds to a first listed intervention of the first intervention data set (i.e., determining scores and ranks to prioritize interventions with individuals with a high need of intervention associated with benefits to said individuals); [191:28-67]
a second point value of the plurality of point values corresponds to a second listed intervention of the first intervention data set; [191:28-67]and
the first point value being higher than the second point value indicates that the first listed intervention is prioritized over the second listed intervention. [191:28-67]
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have modified Lee, including mechanism(s) [a]-[c], as taught by Jain. One of ordinary skill would have been motivated to employ said mechanism(s) to promote intervention activities highly correlated with a compliance likelihood related to health benefits of a monitored user(s). [191:28-67]
Regarding claim 7, 14, 20, Lee-Jain as a combination discloses The infant health care device of claim 1, claim 8, claim 15, Jain disclosing [a]: wherein each intervention of the intervention data set is stored with a corresponding value, and wherein the corresponding value represents a health benefit of applying the intervention to an infant corresponding to the infant health care device (i.e., determining scores and ranks to prioritize interventions with individuals with a high need of intervention associated with benefits to said individuals). [191:28-67]
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have modified Lee, including mechanism(s) [a], as taught by Jain. One of ordinary skill would have been motivated to employ said mechanism(s) to promote intervention activities highly correlated with a compliance likelihood related to health benefits of a monitored user(s). [191:28-67]
Claim(s) 2, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Jain and further in view of Lipoma (US 2015/0094830).
Regarding claim(s) 2, 9, Lee-Jain as a combination discloses: The infant health care device of claim 1, claim 8; however, the aforementioned combination does not discloses as disclosed by Lipoma [a]: the first infant health metric based in part on one or more of the following: a skin health metric, a gut health metric, or an immune training metric. [¶35: health metrics related to the skin, including moisture levels related to said skin]
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have modified Lee, including mechanism(s) [a], as taught by Lipoma. One of ordinary skill would have been motivated to employ said mechanism(s) to promote intervention activities highly correlated with interventions with positive benefits to infants. [¶6, ¶35]
Conclusion
The prior art made of record1 and NOT relied upon is considered pertinent to applicant's disclosure: Jain (US 11,704,582):
Methods, systems, and apparatus, including computer programs encoded on a computer storage medium, for using machine learning to generate precision predictions of readiness. In some implementations, a database is accessed to obtain status data that indicates activities or attributes of a subject. A set of feature scores is derived from the status data for the subject, the set of feature scores including values indicative of attributes or activities of the subject. The set of feature scores to one or more models that have been configured to predict readiness of subjects to satisfy one or more readiness criteria. The one or models can be models configured using machine learning training. Based on processing performed using the one or more machine learning models and the set of feature scores, a prediction regarding the subject's ability to achieve readiness to satisfy the one or more readiness criteria is generated.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL EZEWOKO whose telephone number is 571 272 7850. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marc Jimenez can be reached on 571 272 4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-7850.
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/MICHAEL I EZEWOKO/Primary Examiner, Art Unit 3681
1 Please see Form 892 for complete listing