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 .
Response to filed Amendments
Applicant’s Amendments/Remarks filed on 02/27/2026 have been received and made of record.
Claims 2, 4-6, 8-9, and 11-12 have been amended.
Claims 1, 3, 7, and 10 have been cancelled.
Claims 2, 6, and 11-12 are now filed as independent claims.
Claims 2, 4-6, 8-9, and 11-12 are currently pending.
The outstanding USC 112 rejection has been withdrawn based at least the amendments/remarks filed on 02/27/2026.
Please refer to the action below.
Examiner Notes
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. However, the claimed subject matter, not the specification, is the measure of the invention.
Response to Remarks/Arguments
Applicants’ arguments of 02/27/2026, corresponding to pages 5-8 pertaining to the withdrawn prior art of record of Kim et al. are moot.
Secondly, the arguments of pages 8-9 pertaining to the prior art of Connor and the new filed amendments citing “As noted above, it is respectfully asserted that independent claims 2, 6, 11 and 12 are allowable, and therefore it is further respectfully asserted that dependent claims 4, 5, 8 and 9 are also allowable. III. The anticipation rejections of claims 1-12 based on Connor (US 2022/0415476), as noted on page 6 of the Office Action. The USPTO respectfully rejects claims 1-12 under 35 U.S.C. § 102(a)(1) as being anticipated by Connor. As discussed above, it is respectfully asserted that independent claims 2, 6, 11 and 12 define over Kim. Further, it is submitted that Connor does not cure the deficiency of Kim. Specifically, it is noted that Connor also does not disclose decreasing the threshold (or the first threshold) based on the lapse of time during a meal. Therefore, the combination of these references does not lead to the technical idea of the present application. Accordingly, it is respectfully asserted that claims 2, 6, 11 and 12 define over Connor (and over Kim in vie of Connor when combined), and dependent claims 4, 5, 8 and 9 also define over the cited references due to the dependency from claim 2”, have also been considered, but they are moot in light of the new ground of rejection.
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 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.
Claim(s) 2, 4-6, 8-9, and 11-12 is/are rejected under 35 U.S.C. 103 as obvious over Connor et al. (US 2022/0415476, previously cited), in view of Yamauchi et al. (JP 2014029685, A1).
Regarding claim 2, Connor teaches a management device (Connor teaches a nutritional intake management system of at least the Abstract and Figs. 2-4, and 10-20 comprises at least one or more nutritional management device 201) comprising:
a calorie calculation unit configured to input video data of a state of a user during a meal obtained as an imaging result of an imaging unit, and calculate calories of the food or drink ingested by the user per predetermined unit time during the meal based on the input video data (nutritional monitoring and management of at least para. 0288-0289 and 0376-0381 further tracks a further food ingestion state of the user such as how the speed and how fast the user is eating, the volume of consumed food during a unit of time, and device 201 of further Figs. 2-4, and 10-20 further configured with an implied calorie calculating means as illustrated further in at least para. 0343, and 0376-0381 for generating a cumulative calorie calculation count according to the video data input of a state of a user during a meal obtained as an imaging result of an imaging unit resulting in calculated calories of the food or drink ingested by the user per predetermined unit time during the meal based on the input video data);
and a management unit configured to output a warning to the user during the meal via an output unit in a case where the calories of the food or drink ingested by the user per unit time calculated by the calorie calculation unit exceed a threshold (the system is further set up in at least para. 0376-0381 to output a warning to the user during the meal via an output unit in a case where the calories of the food or drink ingested by the user per unit time calculated by the calorie calculation unit exceed a threshold amount for a seating meal or daily meal threshold);
wherein: the calorie calculation unit and the management unit repeat processes thereof until food or drink consumption by the user in the meal is finished (the meal consumption tracking method of further in para. 0288-0290 and 0376-0381 as implied iteratively repeat processes thereof until food or drink consumption by the user in the meal is finished);
Connor is silent regarding the above lined-out items such as said management unit specifically decreases the threshold based on a lapse of time of the food or drink consumption.
Yamauchi teaches at least in the Abstract and Fig. 1 a nutritional management device 10 configured, to manage the number, type, and amount of nutrients a user is consuming during a period of time; where a case exists as noted further in at least in the Abstract and Fig. 1 that the system according to calculated intake amount adjust and lowers at least one intake threshold based on a lapse of time of the food or drink consumption. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Connor in in view of Yamauchi to include wherein the management unit decreases the threshold based on a lapse of time of the food or drink consumption, as discussed above, as Connor in in view of Yamauchi are in the same field of endeavor of employing methods and systems for managing user nutritional needs based on recommended consumption threshold, Yamauchi’s combination of nutritional management device and the nutrients selection methods during the ingestion period complements the nutritional intake management system of Connor, in the sense that said combination of nutritional management device and the nutrients selection methods of Yamauchi when combined with the nutritional intake management system of Connor of Connor further enables the system to independently track and manage certain consumed nutrients according to calculated excessive and/or insufficient nutrients calculation so as in a case an excessive nutrient consumption detection is detected, to control the device to decrease at least said nutrient consumption threshold based on a lapse of time of the food or drink consumption, whereby a user’s nutritional needs is more positively managed resulting in better user health according to further known methods to yield predictable results since known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art as said combination is thus the adaptation of an old idea or invention using newer technology that is either commonly available and understood in the art thereby a variation on already known art (See MPEP 2143, KSR Exemplary Rationale F).
Regarding claim 4 (according to claim 2), Connor further teaches wherein the management unit calculates a degree of progress of the food or drink consumption by the user as a progress level, and
Connor is silent regarding the above lined-out items such as said decreases the threshold based on the progress level.
Yamauchi further teaches at least in the Abstract and Fig. 1 a nutritional management device 10 configured, to manage the number, type, and amount of nutrients a user is consuming during a period of time; where a case the user already consumed a certain number of a nutrient threshold, the system is adapted to increment or decrement a nutrient threshold amount based on current food consumption progress level. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Connor in in view of Yamauchi to include wherein decreases the threshold based on the progress level, as discussed above, as Connor in in view of Yamauchi are in the same field of endeavor of employing methods and systems for managing user nutritional needs based on recommended consumption threshold, Yamauchi’s combination of nutritional management device and the nutrients selection methods during the ingestion period complements the nutritional intake management system of Connor, in the sense that said combination of nutritional management device and the nutrients selection methods of Yamauchi when combined with the nutritional intake management system of Connor of Connor further enables the system to independently track and manage certain consumed nutrients according to calculated excessive and/or insufficient nutrients calculation so as in a case an excessive nutrient consumption detection is detected, to control the device to decrease at least said nutrient consumption threshold based on a lapse of time of the food or drink consumption, whereby a user’s nutritional needs is more positively managed resulting in better user health according to further known methods to yield predictable results since known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art as said combination is thus the adaptation of an old idea or invention using newer technology that is either commonly available and understood in the art thereby a variation on already known art (See MPEP 2143, KSR Exemplary Rationale F).
Regarding claim 5, Connor further teaches a wearable terminal including the management device according to claim 2 (cited smart wearable eyewear devices of Figs. 22-26 further supported by devices of Figs. 2-4 and 9-20), the wearable terminal comprising:
a display unit arranged in front of both eyes or one eye of the user in a state where the wearable terminal is worn by the user, the display unit being controlled by the management unit to display the warning (cited smart wearable eyewear devices of Figs. 22-26 further supported by devices of Figs. 2-4 and 9-20 further configured with display unit arranged in front of both eyes or one eye of the user in a state where the wearable terminal is worn by the user, the display unit being controlled by the management unit to display the warning of further para. 0375-0390 including in a case alert warning based on eating ingestion speed, behavior/specification result to the user via an output unit of the wearable device).
Regarding claim 6, Connor teaches a management device (Connor teaches a nutritional intake management system of at least the Abstract and Figs. 2-4, and 10-20 comprises at least said management device 201) comprising:
a nutrient measurement unit configured to input video data of a state of a user during a meal obtained as an imaging result of an imaging unit, and measure nutrients of food or drink ingested by the user during the meal based on the input video data (para. 0381 further supported by at least para. 0365-0373 further illustrated realtime tracking measured nutrients of the food or drink ingested by the user according to said input video data of a state of a user during a meal obtained as an imaging result of an imaging unit); and
.
Connor is silent regarding the above lined-out items such as said management unit configured to specifically select the food or drink containing a first nutrient more than a first threshold based on a measurement result of the nutrient measurement unit, and select the food or drink containing a second nutrient more than a second threshold after a predetermined amount of the first nutrient is ingested, wherein the management unit decreases the first threshold based on a lapse of time of food or drink consumption.
Yamauchi further teaches at least in the Abstract and Fig. 1 the nutritional management device 10 allow a user to consume at least one nutrient after consuming another nutrient according to a balanced diet which in Figs. 2-3 and the disclosure cites a group of food comprising a first selected food containing a first nutrient 12-14 which may be consumed more than a first threshold based on a measurement result of the nutrient measurement unit, and a second select food consumption target 11 containing a second nutrient may further be consumed after the first nutrient which intake in a case maybe more than a second threshold after a predetermined amount of the first nutrient is ingested, Yamauchi further teaches a case further in at least in the Abstract and Fig. 1 that the system according to calculated intake amount adjust and lowers at least one intake threshold based on a lapse of time of the food or drink consumption. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Connor in in view of Yamauchi to include wherein said management unit configured to specifically select the food or drink containing a first nutrient more than a first threshold based on a measurement result of the nutrient measurement unit, and select the food or drink containing a second nutrient more than a second threshold after a predetermined amount of the first nutrient is ingested, wherein the management unit decreases the first threshold based on a lapse of time of food or drink consumption, as discussed above, as Connor in in view of Yamauchi are in the same field of endeavor of employing methods and systems for managing user nutritional needs based on recommended consumption threshold, Yamauchi’s combination of nutritional management device and the nutrients selection methods during the ingestion period complements the nutritional intake management system of Connor, in the sense that said combination of nutritional management device and the nutrients selection methods of Yamauchi when combined with the nutritional intake management system of Connor of Connor further enables the system to independently track and manage certain consumed nutrients according to calculated excessive and/or insufficient nutrients calculation so as in a case an excessive nutrient consumption detection is detected, to control the device to increase in a case consumption of a first and/or second selected nutrients for a balance nutritional diet, where a case exist that the system may decrease at least said nutrient consumption threshold based on a lapse of time of the food or drink consumption, whereby a user’s nutritional needs is more positively managed resulting in better user health according to further known methods to yield predictable results since known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art as said combination is thus the adaptation of an old idea or invention using newer technology that is either commonly available and understood in the art thereby a variation on already known art (See MPEP 2143, KSR Exemplary Rationale F).
Regarding claim 8 (according to claim 6), Connor further teaches wherein the management unit calculates a degree of progress of the food or drink consumption by the user as a progress level, and
Connor is silent regarding the above lined-out items such as said decreases the threshold based on the progress level.
Yamauchi further teaches at least in the Abstract and Fig. 1 a nutritional management device 10 configured, to manage the number, type, and amount of nutrients a user is consuming during a period of time; where a case the user already consumed a certain number of a nutrient threshold, the system is adapted to increment or decrement a nutrient threshold amount based on current food consumption progress level. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Connor in in view of Yamauchi to include wherein decreases the threshold based on the progress level, as discussed above, as Connor in in view of Yamauchi are in the same field of endeavor of employing methods and systems for managing user nutritional needs based on recommended consumption threshold, Yamauchi’s combination of nutritional management device and the nutrients selection methods during the ingestion period complements the nutritional intake management system of Connor, in the sense that said combination of nutritional management device and the nutrients selection methods of Yamauchi when combined with the nutritional intake management system of Connor of Connor further enables the system to independently track and manage certain consumed nutrients according to calculated excessive and/or insufficient nutrients calculation so as in a case an excessive nutrient consumption detection is detected, to control the device to decrease at least said nutrient consumption threshold based on a lapse of time of the food or drink consumption, whereby a user’s nutritional needs is more positively managed resulting in better user health according to further known methods to yield predictable results since known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art as said combination is thus the adaptation of an old idea or invention using newer technology that is either commonly available and understood in the art thereby a variation on already known art (See MPEP 2143, KSR Exemplary Rationale F).
Regarding claim 9, Connor further teaches wherein a wearable terminal of para. 0365-0373 including the management device according to claim 6, the wearable terminal comprising:
a display unit arranged in front of both eyes or one eye of the user in a state where the wearable terminal is worn by the user, the display unit being controlled by the management unit to display information regarding an order of ingestion of the food or drink determined by the management unit (smart glasses of further Figs. 2-4, 9-20 and 22-26 further supported by para. 0365-0373 further includes said display unit arranged in front of both eyes or one eye of the user in a state where the wearable terminal is worn by the user, the display unit being controlled by the management unit to display at least further in para. 0288, 0291, and 0380-0381 information regarding a cumulative order of food ingestion amount of said food or drink determined by the management unit).
Regarding claim 11, Connor teaches a management method executed by a management device that manages a meal (Connor teaches a nutritional intake management system of at least the Abstract and Figs. 2-4, and 10-20 comprises at least said nutritional management method)
the management method comprising:
inputting video of a state of a user during a meal obtained as an imaging result of an imaging unit (tracked food consumption video of at least para. 0288-0289 and 0376-0381 further comprises said inputting video of a state of a user during a meal obtained as an imaging result of an imaging camera);
and a calorie calculation step of calculating calories of the food or drink ingested by the user per predetermined unit time during the meal based on the input video data (nutritional monitoring and management of at least para. 0288-0289 and 0376-0381 further tracks a further food ingestion state of the user such as how the speed and how fast the user is eating, the volume of consumed food during a unit of time, and device 201 of further Figs. 2-4, and 10-20 further configured with an implied calorie calculating means as illustrated further in at least para. 0343, and 0376-0381 for generating a cumulative calorie calculation count according to the video data input of a state of a user during a meal obtained as an imaging result of an imaging unit resulting in calculated calories of the food or drink ingested by the user per predetermined unit time during the meal based on the input video data);
and an output step of outputting a warning to the user during the meal via an output unit in a case where the calories of the food or drink ingested by the user per unit time calculated by the calorie calculation step exceed a threshold (the system is further set up in at least para. 0376-0381 to output a warning to the user during the meal via an output unit in a case where the calories of the food or drink ingested by the user per unit time calculated by the calorie calculation unit exceed a threshold amount for a seating meal or daily meal threshold);
wherein: the processes of the calorie calculation step and the output step are repeated until food or drink consumption by the user in the meal is finished (the meal consumption tracking method of further in para. 0288-0290 and 0376-0381 as implied iteratively repeat processes thereof until food or drink consumption by the user in the meal is finished);
Connor is silent regarding the above lined-out items such as said output step includes decreasing the threshold based on a lapse of time of the food or drink consumption.
Yamauchi teaches at least in the Abstract and Fig. 1 a nutritional management device 10 configured, to manage the number, type, and amount of nutrients a user is consuming during a period of time; where a case exists as noted further in at least in the Abstract and Fig. 1 that the system according to calculated intake amount adjust and lowers at least one intake threshold based on a lapse of time of the food or drink consumption. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Connor in in view of Yamauchi to include wherein said output step includes decreasing the threshold based on a lapse of time of the food or drink consumption, as discussed above, as Connor in in view of Yamauchi are in the same field of endeavor of employing methods and systems for managing user nutritional needs based on recommended consumption threshold, Yamauchi’s combination of nutritional management device and the nutrients selection methods during the ingestion period complements the nutritional intake management system of Connor, in the sense that said combination of nutritional management device and the nutrients selection methods of Yamauchi when combined with the nutritional intake management system of Connor of Connor further enables the system to independently track and manage certain consumed nutrients according to calculated excessive and/or insufficient nutrients calculation so as in a case an excessive nutrient consumption detection is detected, to control the device to decrease at least said nutrient consumption threshold based on a lapse of time of the food or drink consumption, whereby a user’s nutritional needs is more positively managed resulting in better user health according to further known methods to yield predictable results since known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art as said combination is thus the adaptation of an old idea or invention using newer technology that is either commonly available and understood in the art thereby a variation on already known art (See MPEP 2143, KSR Exemplary Rationale F).
Regarding claim 12, Connor teaches a management method (Connor teaches a nutritional intake management system of at least the Abstract and Figs. 2-4, and 10-20 comprises at least said nutritional management method) further comprising:
inputting video of a state of a user during a meal obtained as an imaging result of an imaging unit (tracked food consumption video of at least para. 0288-0289 and 0376-0381 further comprises said inputting video of a state of a user during a meal obtained as an imaging result of an imaging camera);
a nutrient measurement step of measuring nutrients of the food or drink ingested by the user during the meal based on the input video data (the system further in para. 0381 further supported by at least para. 0365-0373 further illustrated realtime tracking measured nutrients of the food or drink ingested by the user during the meal based on the input video data); and
.
Connor is silent regarding the above lined-out items such as said selection step of selecting the food or drink containing a first nutrient more than a first threshold based on a measurement result of a process of the nutrient measurement step, and selecting the food or drink containing a second nutrient more than a second threshold after a predetermined amount of the first nutrient is ingested; wherein the selection step includes decreasing the first threshold based on a lapse of time of food or drink consumption.
Yamauchi further teaches at least in the Abstract and Fig. 1 the nutritional management device 10 allow a user to consume at least one nutrient after consuming another nutrient according to a balanced diet which in Figs. 2-3 and the disclosure cites a group of food comprising a first selected food containing a first nutrient 12-14 which may be consumed more than a first threshold based on a measurement result of the nutrient measurement unit, and a second select food consumption target 11 containing a second nutrient may further be consumed after the first nutrient which intake in a case maybe more than a second threshold after a predetermined amount of the first nutrient is ingested, Yamauchi further teaches a case further in at least in the Abstract and Fig. 1 that the system according to calculated intake amount adjust and lowers at least one intake threshold based on a lapse of time of the food or drink consumption. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Connor in in view of Yamauchi to include wherein said selection step of selecting the food or drink containing a first nutrient more than a first threshold based on a measurement result of a process of the nutrient measurement step, and selecting the food or drink containing a second nutrient more than a second threshold after a predetermined amount of the first nutrient is ingested; wherein the selection step includes decreasing the first threshold based on a lapse of time of food or drink consumption, as discussed above, as Connor in in view of Yamauchi are in the same field of endeavor of employing methods and systems for managing user nutritional needs based on recommended consumption threshold, Yamauchi’s combination of nutritional management device and the nutrients selection methods during the ingestion period complements the nutritional intake management system of Connor, in the sense that said combination of nutritional management device and the nutrients selection methods of Yamauchi when combined with the nutritional intake management system of Connor of Connor further enables the system to independently track and manage certain consumed nutrients according to calculated excessive and/or insufficient nutrients calculation so as in a case an excessive nutrient consumption detection is detected, to control the device to increase in a case consumption of a first and/or second selected nutrients for a balance nutritional diet, where a case exist that the system may decrease at least said nutrient consumption threshold based on a lapse of time of the food or drink consumption, whereby a user’s nutritional needs is more positively managed resulting in better user health according to further known methods to yield predictable results since known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art as said combination is thus the adaptation of an old idea or invention using newer technology that is either commonly available and understood in the art thereby a variation on already known art (See MPEP 2143, KSR Exemplary Rationale F).
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCELLUS AUGUSTIN whose telephone number is (571)270-3384. The examiner can normally be reached 9 AM- 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BENNY TIEU can be reached on 571-272-7490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARCELLUS J AUGUSTIN/Primary Examiner, Art Unit 2682 04/21/2026
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