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.
Step 1: The claims 1-5 are a method, claims 6-10 are a system and claims 11-15 are media. Thus, each independent claim, on its face, is directed to one of the statutory categories of 35 U.S.C. §101. However, the claims 1-15are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 2A-prong 1: Independent claims (1, 6 and 11) recite receiving, information associated with a first user of a first user device from a plurality of data sources, the data sources comprising: a user profile; and a user-specific database; identifying the optimal way to support the emotional health of a second user based on the received information associated with the first user; determining when the second user may need emotional support, based on an algorithm accessible by the server processor, in conjunction with the received information associated with the first user of the first user device; selecting at least one suggested action as determined by the algorithm, wherein the at least one suggested action is identified based on a plurality of settings associated with the first user profile; and causing the at least one suggested action to be presented the second user. These limitations fall within “Certain Methods Of Organizing Human Activity” for commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations). Simply put, these limitation merely describe providing emotional support through social networking for improving user’s mental health, which is clearly a business arrangement in its purest form. Claims 2-5, 7-10 and 12-15 merely provide additional abstract concepts and narrow the abstract idea of claim 1, 6 and 11. Further, claims 1-15 are recited at such a high level that the claimed steps amount to no more than a mental processes, such as concepts performed in the human mind (including an observation, evaluation, judgment, opinion) because a human can select suggested action associated with the user profile.
Step 2A-prong 2: The claims recite additional elements of receiving information assocted with the use, a server processor for performing the receiving step, a user device for displying information and social support network for performing the commucation. The receiving step is recited at a high level of generality (i.e., as a general means of gathering user information for identifying, determining and selecting steps) and amounts to mere data gathering, which is a form of insignificant extra-solution activity. The sever processor performs the receiving step is also recited at a high level of generality, and merely automates the receipt ion of step. Each of the additional limitations is no more than mere instructions to apply the exception using a generic computer component and the user device for performing the display step is also recited at a high level of generality, and merely automates the outputting step. Each of the additional limitations is no more than mere instructions to apply the exception using a generic computer component. The combination of these additional elements is no more than mere instructions to apply the exception using a generic computer component . Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to the abstract idea.
Step 2B: As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using a generic computer
component. The same analysis applies here in 2B, i.e., mere instructions to apply an exception on a generic computer cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
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.
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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over el Kaliouby et al (US Pub., No., 2014/0323817 A1) in view of Campi, JR (US Pub., 2022/0415500 A1)
With respect to claim 1, el Kaliouby teaches a method for creating a virtual emotional social media support network for improving the mental health of users(paragraph [0021], discloses a method of capturing emotional state information .., and paragraph [0022], discloses an analysis of other individual whose mental state information has been correlated and compared) , the method comprising:
receiving, using a server processor, information associated with a first user of a first user device from a plurality of data sources, the data sources (paragraph [0049], discloses physiological data collected from a person ..) comprising:
the user device, the user device comprising a display mechanism and an input mechanism (Fig. 3, 322 discloses electronic display);
a user profile(Fig. 2, 220 , discloses create profile); and
a user-specific database(paragraph [0023], discloses database); and
identifying the optimal way to support the emotional health of a second user based on the received information associated with the first user(paragraph [0018], discloses the personal emotional profile can be used to make recommendation for different activities [optimal way of support] and can include recommendation for activity performance based upon time of dat, a period of time during the day or other calendar-based scheduling…, paragraph [0022], dislcies the recommendation can include activities such as watching a video, playing a game, participating in a social activity…, paragraph [0030], discloses making recommendation to the included based upon their personal emotional profile . this feedback can include recommendations for different activities ..).
el Kaliouby teaches the above element including the second user may need emotional support, based on an algorithm accessible by the server processor, in conjunction with the received information associated with the first user of the first user device(paragraph [0021], discloses data has been collected from the individual an analysis of the emotional stat data is obtain.., the emotional state of the user can be estimated. Software can be used to extracted emotional state information for the physiological data capture from camera.., paragraph [0022], discloses once the emotional state information has been produced an output can be render to the indication .., the profile can also describe recommendation for the induvial , the recommendation can include activities such as watching video, plying a game or participating in a social activities), and wherein the at least one suggested action is identified based on a plurality of settings associated with the first user profile(paragraph [0018], discloses the personal emotional profile can be used to make recommendation for different activities [optimal way of support] and can include recommendation for activity performance based upon time of dat, a period of time during the day or other calendar-based scheduling…, paragraph [0022], dislcies the recommendation can include activities such as watching a video, playing a game, participating in a social activity…, paragraph [0030], discloses making recommendation to the included based upon their personal emotional profile . this feedback can include recommendations for different activities ..), the general expressiveness of an individual as they view input stimuli can be analyzed to determine an emotional state (paragraph [0019]) , physiological data can be also be useful in determine the personal emotional profile of an individual (paragraph [0020]) and the emotional profile can also be used in concert with calendar where it can be displayed or compered with ongoing activities already included a person’s schedule (paragraph [0022]). el Kaliouby failed to teaches the corresponding individual is determined when need emotional support , the corresponding recommendation of different activity made based on the profile is selected herein the at least one suggested action; and causing the at least one suggested action to be presented on a second user device of the second user.
However, Campi teaches determining when the second user need emotional support (paragraph [0056], discloses determined that the user’s check-in response at indicates a high severity situation) selecting at least one suggested action as determined by the algorithm, (paragraph [0055], discloses the suer may select text to connect to a healthcare professional and paragraph [0057], dislcies the check-in application may implement the high severity automated procedures .., the user presented with communications options to initiate a virtually immediate conversion with a medical prover , commucation options can include video chat or text chat … third-party application installed on the user’s devices or using web browser ) ; and
causing the at least one suggested action to be presented on a second user device of the second user(paragraph [0057], dislcies the commucation option or may open up a flowing on screen dedicated to the texting .., third party application instantiated on the suer’s devices or with a web prover may enable user to chat ..). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention for providing feedback and to recommend activity base on the emotional profile in response to identified the mental state of an individual of el Kaliouby with determine a mental health severity level of the user and with the option to revert to the check-in screen of Campi in order to implemented is a check-in application instantiated on a user's local computing device, adapted to receive user
updates on their current mental health status (see Campi, paragraph [0005]).
With respect to claim 2 el Kaliouby in view of Campi teaches elements of claim 1, furthermore, el Kaliouby teaches the method wherein the data source further comprises environmental data of the first user, the environmental data comprising location, weather, or temperature(paragraph [0025], discloses contextual information that can be collected include a task, assigned to the user, the location of the suer, the environmental condition that the user is exposed to such as temperature, humidity and the like).
With respect to claim 3 el Kaliouby in view of Campi teaches elements of claim 1, furthermore, el Kaliouby teaches the method wherein the data source further comprises health data of the first user, the health data comprising heart rate, body temperature, and nutrition (paragraph [0024], discloses the collected data can include any type mental stat including heart rate, blood pressure...).
With respect to claim 4 el Kaliouby in view of Campi teaches elements of claim 1, furthermore, el Kaliouby teaches the method wherein the data source further comprises behavioral data of the first user, the behavioral data comprising applications used, screen time, and purchases(paragraph [0040], discloses behavior can be correlated to form a category, paragraph [0042], discloses an individual willingness to make purchase or might infer .., and paragraph [0059], discloses specific time period ..,) .
With respect to claim 5 el Kaliouby in view of Campi teaches elements of claim 1, furthermore, el Kaliouby teaches the method further comprising using a continuously updated algorithm based on the received information associated with the first user, such that the suggested actions are further optimized to meet the second user's emotional needs(Fig. 1, 126 discloses perform emotional journaling).
With respect to claim 6, el Kaliouby teaches a system for creating a virtual emotional social media support network for improving the mental health of users(paragraph [0021], discloses a method of capturing emotional state information .., and paragraph [0022], discloses an analysis of other individual whose mental state information has been correlated and compared) , the method comprising:
receive, information associated with a first user of a first user device from a plurality of data sources, the data sources (paragraph [0049], discloses physiological data collected from a person ..) comprising:
the user device, the user device comprising a display mechanism and an input mechanism (Fig. 3, 322 discloses electronic display);
a user profile(Fig. 2, 220 , discloses create profile); and
a user-specific database(paragraph [0023], discloses database); and
identify the optimal way to support the emotional health of a second user based on the received information associated with the first user(paragraph [0018], discloses the personal emotional profile can be used to make recommendation for different activities [optimal way of support] and can include recommendation for activity performance based upon time of dat, a period of time during the day or other calendar-based scheduling…, paragraph [0022], dislcies the recommendation can include activities such as watching a video, playing a game, participating in a social activity…, paragraph [0030], discloses making recommendation to the included based upon their personal emotional profile . this feedback can include recommendations for different activities ..).
el Kaliouby teaches the above element including the second user may need emotional support, based on an algorithm accessible by the server processor, in conjunction with the received information associated with the first user of the first user device(paragraph [0021], discloses data has been collected from the individual an analysis of the emotional stat data is obtain.., the emotional state of the user can be estimated. Software can be used to extracted emotional state information for the physiological data capture from camera.., paragraph [0022], discloses once the emotional state information has been produced an output can be render to the indication .., the profile can also describe recommendation for the induvial , the recommendation can include activities such as watching video, plying a game or participating in a social activities), and wherein the at least one suggested action is identified based on a plurality of settings associated with the first user profile(paragraph [0018], discloses the personal emotional profile can be used to make recommendation for different activities [optimal way of support] and can include recommendation for activity performance based upon time of dat, a period of time during the day or other calendar-based scheduling…, paragraph [0022], dislcies the recommendation can include activities such as watching a video, playing a game, participating in a social activity…, paragraph [0030], discloses making recommendation to the included based upon their personal emotional profile . this feedback can include recommendations for different activities ..), the general expressiveness of an individual as they view input stimuli can be analyzed to determine an emotional state (paragraph [0019]) , physiological data can be also be useful in determine the personal emotional profile of an individual (paragraph [0020]) and the emotional profile can also be used in concert with calendar where it can be displayed or compered with ongoing activities already included a person’s schedule (paragraph [0022]). el Kaliouby failed to teaches the corresponding individual is determined when need emotional support , the corresponding recommendation of different activity made based on the profile is selected herein the at least one suggested action; and causing the at least one suggested action to be presented on a second user device of the second user.
However, Campi teaches determining when the second user need emotional support (paragraph [0056], discloses determined that the user’s check-in response at indicates a high severity situation) selecting at least one suggested action as determined by the algorithm, (paragraph [0055], discloses the suer may select text to connect to a healthcare professional and paragraph [0057], dislcies the check-in application may implement the high severity automated procedures .., the user presented with communications options to initiate a virtually immediate conversion with a medical prover , commucation options can include video chat or text chat … third-party application installed on the user’s devices or using web browser ) ; and
causing the at least one suggested action to be presented on a second user device of the second user(paragraph [0057], dislcies the commucation option or may open up a flowing on screen dedicated to the texting .., third party application instantiated on the suer’s devices or with a web prover may enable user to chat ..). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention for providing feedback and to recommend activity base on the emotional profile in response to identified the mental state of an individual of el Kaliouby with determine a mental health severity level of the user and with the option to revert to the check-in screen of Campi in order to implemented is a check-in application instantiated on a user's local computing device, adapted to receive user
updates on their current mental health status (see Campi, paragraph [0005]).
With respect to claim 7 el Kaliouby in view of Campi teaches elements of claim 6, furthermore, el Kaliouby teaches the system wherein the data source further comprises environmental data of the first user, the environmental data comprising location, weather, or temperature(paragraph [0025], discloses contextual information that can be collected include a task, assigned to the user, the location of the suer, the environmental condition that the user is exposed to such as temperature, humidity and the like).
With respect to claim 8 el Kaliouby in view of Campi teaches elements of claim 6, furthermore, el Kaliouby teaches the system wherein the data source further comprises health data of the first user, the health data comprising heart rate, body temperature, and nutrition (paragraph [0024], discloses the collected data can include any type mental stat including heart rate, blood pressure...).
With respect to claim 9 el Kaliouby in view of Campi teaches elements of claim 6, furthermore, el Kaliouby teaches the system wherein the data source further comprises behavioral data of the first user, the behavioral data comprising applications used, screen time, and purchases(paragraph [0040], discloses behavior can be correlated to form a category, paragraph [0042], discloses an individual willingness to make purchase or might infer .., and paragraph [0059], discloses specific time period ..,) .
With respect to claim 10 el Kaliouby in view of Campi teaches elements of claim 6, furthermore, el Kaliouby teaches the system further comprising using a continuously updated algorithm based on the received information associated with the first user, such that the suggested actions are further optimized to meet the second user's emotional needs(Fig. 1, 126 discloses perform emotional journaling).
With respect to claim 11, el Kaliouby teaches a non-transitory computer-readable medium containing computer executable instructions that, when executed by a processor , cause the processor to perform method for creating a virtual emotional social media support network for improving the mental health of users(paragraph [0021], discloses a method of capturing emotional state information .., and paragraph [0022], discloses an analysis of other individual whose mental state information has been correlated and compared and paragraph [0035], dislcies a computer program product embodied in a non-transitory computer readable medium) , the method comprising:
receiving, using a server processor, information associated with a first user of a first user device from a plurality of data sources, the data sources (paragraph [0049], discloses physiological data collected from a person ..) comprising:
the user device, the user device comprising a display mechanism and an input mechanism (Fig. 3, 322 discloses electronic display);
a user profile(Fig. 2, 220 , discloses create profile); and
a user-specific database(paragraph [0023], discloses database); and
identifying the optimal way to support the emotional health of a second user based on the received information associated with the first user(paragraph [0018], discloses the personal emotional profile can be used to make recommendation for different activities [optimal way of support] and can include recommendation for activity performance based upon time of dat, a period of time during the day or other calendar-based scheduling…, paragraph [0022], dislcies the recommendation can include activities such as watching a video, playing a game, participating in a social activity…, paragraph [0030], discloses making recommendation to the included based upon their personal emotional profile . this feedback can include recommendations for different activities ..).
el Kaliouby teaches the above element including the second user may need emotional support, based on an algorithm accessible by the server processor, in conjunction with the received information associated with the first user of the first user device(paragraph [0021], discloses data has been collected from the individual an analysis of the emotional stat data is obtain.., the emotional state of the user can be estimated. Software can be used to extracted emotional state information for the physiological data capture from camera.., paragraph [0022], discloses once the emotional state information has been produced an output can be render to the indication .., the profile can also describe recommendation for the induvial , the recommendation can include activities such as watching video, plying a game or participating in a social activities), and wherein the at least one suggested action is identified based on a plurality of settings associated with the first user profile(paragraph [0018], discloses the personal emotional profile can be used to make recommendation for different activities [optimal way of support] and can include recommendation for activity performance based upon time of dat, a period of time during the day or other calendar-based scheduling…, paragraph [0022], dislcies the recommendation can include activities such as watching a video, playing a game, participating in a social activity…, paragraph [0030], discloses making recommendation to the included based upon their personal emotional profile . this feedback can include recommendations for different activities ..), the general expressiveness of an individual as they view input stimuli can be analyzed to determine an emotional state (paragraph [0019]) , physiological data can be also be useful in determine the personal emotional profile of an individual (paragraph [0020]) and the emotional profile can also be used in concert with calendar where it can be displayed or compered with ongoing activities already included a person’s schedule (paragraph [0022]). el Kaliouby failed to teaches the corresponding individual is determined when need emotional support , the corresponding recommendation of different activity made based on the profile is selected herein the at least one suggested action; and causing the at least one suggested action to be presented on a second user device of the second user.
However, Campi teaches determining when the second user need emotional support (paragraph [0056], discloses determined that the user’s check-in response at indicates a high severity situation) selecting at least one suggested action as determined by the algorithm, (paragraph [0055], discloses the suer may select text to connect to a healthcare professional and paragraph [0057], dislcies the check-in application may implement the high severity automated procedures .., the user presented with communications options to initiate a virtually immediate conversion with a medical prover , commucation options can include video chat or text chat … third-party application installed on the user’s devices or using web browser ) ; and
causing the at least one suggested action to be presented on a second user device of the second user(paragraph [0057], dislcies the commucation option or may open up a flowing on screen dedicated to the texting .., third party application instantiated on the suer’s devices or with a web prover may enable user to chat ..). Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention for providing feedback and to recommend activity base on the emotional profile in response to identified the mental state of an individual of el Kaliouby with determine a mental health severity level of the user and with the option to revert to the check-in screen of Campi in order to implemented is a check-in application instantiated on a user's local computing device, adapted to receive user
updates on their current mental health status (see Campi, paragraph [0005]).
With respect to claim 12 el Kaliouby in view of Campi teaches elements of claim 11, furthermore, el Kaliouby teaches the non-transitory computer-readable medium wherein the data source further comprises environmental data of the first user, the environmental data comprising location, weather, or temperature(paragraph [0025], discloses contextual information that can be collected include a task, assigned to the user, the location of the suer, the environmental condition that the user is exposed to such as temperature, humidity and the like).
With respect to claim 13 el Kaliouby in view of Campi teaches elements of claim 11, furthermore, el Kaliouby teaches the non-transitory computer-readable medium wherein the data source further comprises health data of the first user, the health data comprising heart rate, body temperature, and nutrition (paragraph [0024], discloses the collected data can include any type mental stat including heart rate, blood pressure...).
With respect to claim 14 el Kaliouby in view of Campi teaches elements of claim 11, furthermore, el Kaliouby teaches the non-transitory computer-readable medium wherein the data source further comprises behavioral data of the first user, the behavioral data comprising applications used, screen time, and purchases(paragraph [0040], discloses behavior can be correlated to form a category, paragraph [0042], discloses an individual willingness to make purchase or might infer .., and paragraph [0059], discloses specific time period ..,) .
With respect to claim 15 el Kaliouby in view of Campi teaches elements of claim 11, furthermore, el Kaliouby teaches the non-transitory computer-readable medium further comprising using a continuously updated algorithm based on the received information associated with the first user, such that the suggested actions are further optimized to meet the second user's emotional needs(Fig. 1, 126 discloses perform emotional journaling).
Prior arts:
el Kaliouby et al (US Pub., No., 2014/0323817 A1) discloses the mental state of an individual is obtained in order to generate an emotional profile for the individual. The individual's mental state is derived from an analysis of the individual's facial and physiological information. The emotional profile of other individuals is correlated to the first individual for comparison. Various categories of emotional profiles are defined based upon the correlation.
Campi, JR (US Pub., 2022/0415500 A1) discloses implemented is a check-in application instantiated on a user's local computing device, adapted to receive user updates on their current mental health status. The check-in application invites users to check in as frequently as they'd like and provides a calendar with push notifications to serve as reminders for users to check in
Conclusion
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/SABA DAGNEW/Primary Examiner, Art Unit 3621