CTNF 18/565,608 CTNF 97728 DETAILED ACTION The present office action represents a nonfinal action on the merits. 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. Priority This application claims the priority date of a foreign application PCTJP2022042805 dated November 18, 2022 and 371 of PCT/JP2023/031529 dated August 30, 2023. 12-151 AIA 26-51 12-51 Status of Claims Claims 1-9 and 11 are amended and Claims 1-11 are pending. 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 1-11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 1-9 are drawn to an information providing device, which is within the four statutory categories (i.e., machine). Claim 10 is drawn to an information providing method, which is within the four statutory categories (i.e., process). Claim 11 is drawn to a non-transitory computer-readable recording medium, which is within the four statutory categories (i.e., machine). Claims 1-9 recite an information providing device comprising : a memory storing instructions ; and at least one processor configured to execute the instructions to: acquire physical information including an attribute, a physical condition, and a goal with respect to the physical condition of a user; acquire information regarding the user including schedule information of the user; decide a content of an advice for the goal and a timing of executing the content of the advice based on the physical information and the schedule information; and output the content of the advice and the timing. Claim 10 recites an information providing method performed by a computer , the information providing method comprising: acquiring physical information including an attribute, a physical condition, and a goal with respect to the physical condition of a user; acquiring information regarding the user including schedule information of the user; deciding a content of an advice for the goal and a timing of executing the content of the advice based on the physical information and the schedule information; and outputting the content of the advice and the timing. Claim 11 recites a non-transitory computer-readable recording medium that records a program for causing a computer to execute : acquiring physical information including an attribute, a physical condition, and a goal with respect to the physical condition of a user; acquiring information regarding the user including schedule information of the user; deciding a content of an advice for the goal and a timing of executing the content of the advice based on the physical information and the schedule information; and outputting the content of the advice and the timing . The bolded limitations, given the broadest reasonable interpretation, cover a certain method of organizing human activity and mathematical concepts, but for the recitation of generic computer components. The underlined limitations are not part of the identified abstract idea (the method of organizing human activity and mathematical concepts) and are deemed “additional elements,” and will be discussed in further detail below. Dependent claims 2-9, are similarly rejected because they either further define/narrow the abstract idea and/or do not further limit the claim to a practical application or provide an inventive concept such that the claims are subject matter eligible even when considered individually or as an ordered combination. The dependent claims include additional limitations but these only serve to further limit the abstract idea, and hence are nonetheless directed towards fundamentally the same abstract idea as independent claims 1, 10, and 11 . The additional elements from claim 1 include: an information providing device (apply it, MPEP 2106.05(f)). a memory storing instructions (apply it, MPEP 2106.05(f)). at least one processor configured to execute the instructions to (apply it, MPEP 2106.05(f)). The additional elements from claim 10 include: a computer (apply it, MPEP 2106.05(f)). The additional elements from claim 11 include: a non-transitory computer-readable recording medium that records a program for causing a computer to execute (apply it, MPEP 2106.05(f)). Claims 1-11 are not integrated into a practical application because the additional elements (i.e., the limitations not identified as part of the abstract idea) amount to no more than limitations which: amount to mere instructions to apply an exception – for example, the recitation of “an information providing device”, “a memory storing instructions”, “at least one processor configured to execute the instructions to”, “a computer”, “a non-transitory computer- readable recording medium that records a program for causing a computer to execute”, which amounts to merely invoking a computer as a tool to perform the abstract idea e.g. see Specification Paragraphs [0009], [0012]-[0015], [0017]-[0018], and [0039] (see MPEP 2106.05(f)). Furthermore, the claims do not include additional elements that are sufficient to amount to “significantly more” than the judicial exception because, the additional elements (i.e., the elements other than the abstract idea) amount to no more than limitations which: amount to elements that have been recognized as well-understood, routine, and conventional activity in particular fields, as demonstrated by: The Specification discloses that the additional elements are well-understood, routine, and conventional in nature (i.e., Paragraphs [0009], [0012]-[0015], [0017]-[0018], and [0039] of the Specification discloses that the additional elements (i.e., an information providing device, a memory storing instructions, at least one processor configured to execute the instructions to, a computer, a non-transitory computer-readable recording medium that records a program for causing a computer to execute) comprise a plurality of different types of generic computing systems that are configured to perform generic computer functions that are well understood routine, and conventional activities previously known to the pertinent industry (i.e., healthcare); Relevant court decisions: The following are examples of court decisions demonstrating well-understood, routine and conventional activities, e.g. MPEP 2106.05(d)(II): Receiving or transmitting data over a network, e.g. see Intellectual Ventures v. Symantec – similarly, the current invention acquires patient information. Dependent claims 2-9 include other limitations, but none of these functions are deemed significantly more than the abstract idea because the additional elements recited in the aforementioned dependent claims similarly represent no more than those found in the independent claims. Thus, taken alone, the additional elements do not amount to “significantly more” than the above identified abstract idea. Furthermore, looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually, and there is no indication that the combination of elements improves an information providing device, information providing method, and recording medium in order to encourage the user to improve his or her lifestyle whereby the user is advised on daily behavior based on a behavior log of the user. Therefore, whether taken individually or as an ordered combination, claims 1-11 are nonetheless rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter. 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 Claim s 1-11 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by McClure (U.S. Pub. No. 2023/0000448 A1) . Regarding claim 1 , McClure discloses an information providing device comprising (Paragraph [0037] discusses devices that interface with integrated disease management system.) : a memory storing instructions (Paragraph [0050] discusses memories can store an operating system that provides computer program instructions .); and at least one processor configured to execute the instructions to (Paragraph [0050] discusses memories can store an operating system that provides computer program instructions for use by the processors.): acquire physical information including an attribute, a physical condition, and a goal with respect to the physical condition of a user (Paragraph [0007] discusses retrieving at least one of measured patient disease management data and user-inputted patient disease management data from a user database, requesting additional information from the user for determining one or more goals.); acquire information regarding the user including schedule information of the user (Paragraphs [0127], [0135], [0138], FIG. 5, and Table 1 discuss obtain and display content to user when triggered or scheduled and user’s profile can be updated.); decide a content of an advice for the goal and a timing of executing the content of the advice based on the physical information and the schedule information (Paragraphs [0008], [0046], [0129], [0135], [0138], and Table 1 discuss a goal management system includes a content database including content items related to recommended lifestyle choices and protocols for disease management, customize interaction between the user and the IDM system, allowing the IDM system to provide better answers or recommendations for the user; reactive or scheduled event can result in the IDM providing a recommendation for an article about exercise, a recommendation for a recipe, or an option of either an article about exercise or a recipe, depending on the user's selections, answers, and/or user profile.); and output the content of the advice and the timing (Paragraph [0138] discusses displaying content to a user based on a scheduled event.). Regarding claim 2 , McClure discloses wherein the at least one processor is further configured to execute the instructions to: acquire life log information of the user, and acquire the schedule information based on the life log information (Paragraphs [0053], [0157]-[0159], [0177], FIGS. 10-12, 23-25, and Tables 1, 3 discuss a logging module of a user interface, obtains user data indicating timing of the information, history data can be used by a predictive analytics module and a machine learning module of the interactive engine to customize future interactions between the IDM system and the user.). Regarding claim 3 , McClure discloses wherein the at least one processor is further configured to execute the instructions to: acquire current behavior information of the user, and when a behavior for which an advice is providable is detected, decide a content of the advice using the detected behavior (Paragraphs [0008], [0129] discuss recommending a plurality of goals to the user based on the at least one of measured patient disease management data, for example, the reactive event for the trigger “BG<70 mg/dl” is “Conversation with direction to personalized article content.” The conversation with the user, for example using a chatbot interface, can result in the IDM providing a recommendation for an article about exercise, a recipe, depending on the user's selections, answers, and/or user profile.). Regarding claim 4 , McClure discloses wherein the at least one processor is further configured to execute the instructions to: acquire life log information of the user, and decide the content of the advice based on the behavior information and the life log information (Paragraphs [0008], [0129] discuss recommending a plurality of goals to the user based on the at least one of measured patient disease management data, for example, the reactive event for the trigger “BG<70 mg/dl” is “Conversation with direction to personalized article content.” The conversation with the user, for example using a chatbot interface, can result in the IDM providing a recommendation for an article about exercise, a recipe, depending on the user's selections, answers, and/or user profile.). Regarding claim 5 , McClure discloses wherein the at least one processor is further configured to execute the instructions to: analyze a lifestyle or preference of the user based on the life log information, and decide the content of the advice based on the behavior information and lifestyle information or preference information obtained as a result of the analysis (Paragraphs [0008], [0036], [0129] discuss IDM systems can analyze the uploaded health information to provide customized information to the user and recommend a plurality of goals to the user based on the at least one of measured patient disease management data, for example, the reactive event for the trigger “BG<70 mg/dl” is “Conversation with direction to personalized article content.” The conversation with the user, for example using a chatbot interface, can result in the IDM providing a recommendation for an article about exercise, a recipe, depending on the user's selections, answers, and/or user profile.). Regarding claim 6 , McClure discloses wherein the at least one processor is further configured to execute the instructions to: acquire environment information regarding a current environment around the user, and decide the content of the advice based on the environment information (Paragraphs [0153], [0182], Table 5 discuss a user can input data related to insulin injections, foods eaten, exercise performed, mood, stress, etc., the IDM module can provide additional content and/or recommendations based on the user's answers and/or progress, obtain user information related to goals, for example, choosing the farthest 3 times in To meet this goal, park far away from your parking spot a week workplace, grocery store or place of worship 3 times this week so you'll have to walk a ways to the entrance.). Regarding claim 7 , McClure discloses wherein the at least one processor is further configured to execute the instructions to: acquire life log information of the user, determine an optimal behavior pattern for the goal by using a model obtained by machine learning based on the life log information, and decide the content of the advice based on the optimal behavior pattern of the user (Paragraphs [0053] and [0066]-[0067] discuss obtain user log data, IDM system can automatically add IDM history data as the user continues to use and/or interact with the IDM system and the IDM history data can be used by a predictive analytics module and a machine learning module to customize future interactions between the IDM system and the user. As a user interacts with the IDM system, the IDM history data associated with the user's account in the user database grows, allowing the IDM system to know the user better, provide better content, and create a more engaging experience.). Regarding claim 8 , McClure discloses wherein the at least one processor is further configured to execute the instructions to: verify whether the user has executed the output content of the advice, and wherein when the user has not executed the advised content, give an advice different from the advised content (Paragraphs [0054], [0140], and [0173]-[0174] discuss upon analysis of the user's uploaded data, the IDM system may generate health trend information, which can also be stored among the uploaded health data, content tags can be used to identify topics and subjects that can be delivered to the user as text or video tutorials and after completing a topic plan, the user's comfort level can be assessed, as the user completes goals, more difficult goals can be suggested by the IDM system, which the user can select and complete. If a user fails to complete a goal, an easier goal can be selected and attempted.). Regarding claim 9 , McClure discloses wherein the at least one processor is further configured to execute the instructions to: output the content of the advice and the timing for supporting decision making of the user (Paragraphs [0060], [0173]-[0175], FIGS. 10-12 and Table 2 discuss one or more goals may be recommended to the user based on an initial assessment of the user, various goals with timelines can be provided to the user, for example, recommend check your blood sugar 3 days this week at different times of the day and the user interface displays the information to users.). Regarding claim 10 , McClure discloses an information providing method performed by a computer, the information providing method comprising (Paragraphs [0036]-[0038], [0049], [0244] discuss the IDM systems and methods embodied in a computer.): acquiring physical information including an attribute, a physical condition, and a goal with respect to the physical condition of a user (Paragraph [0007] discusses retrieving at least one of measured patient disease management data and user-inputted patient disease management data from a user database, requesting additional information from the user for determining one or more goals.); acquiring information regarding the user including schedule information of the user (Paragraphs [0127], [0135], [0138], FIG. 5, and Table 1 discuss obtain and display content to user when triggered or scheduled and user’s profile can be updated.); deciding a content of an advice for the goal and a timing of executing the content of the advice based on the physical information and the schedule information (Paragraphs [0008], [0046], [0129], [0135], [0138], and Table 1 discuss a goal management system includes a content database including content items related to recommended lifestyle choices and protocols for disease management, customize interaction between the user and the IDM system, allowing the IDM system to provide better answers or recommendations for the user; reactive or scheduled event can result in the IDM providing a recommendation for an article about exercise, a recommendation for a recipe, or an option of either an article about exercise or a recipe, depending on the user's selections, answers, and/or user profile.); and outputting the content of the advice and the timing (Paragraph [0138] discusses displaying content to a user based on a scheduled event.). Claim 11 , discloses the same limitations as claim 10 with the exception of information providing method performed by a computer, the information providing method comprising and regarding claim 11 McClure discloses non-transitory computer-readable recording medium storing that records a program for causing a computer to execute (Paragraph [0245] discloses a non-transitory computer-readable medium used to store desired program code in the form of instructions or data structures and that can be accessed by a computer.). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAWN TRINAH HAYNES whose telephone number is (571)270-5994. The examiner can normally be reached M-F 7:30-5:15PM. 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, Jason Dunham can be reached on (571)272-8109. 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. /DAWN T. HAYNES/ Art Unit 3686 /RACHELLE L REICHERT/Primary Examiner, Art Unit 3686 Application/Control Number: 18/565,608 Page 2 Art Unit: 3686 Application/Control Number: 18/565,608 Page 3 Art Unit: 3686 Application/Control Number: 18/565,608 Page 4 Art Unit: 3686 Application/Control Number: 18/565,608 Page 5 Art Unit: 3686 Application/Control Number: 18/565,608 Page 6 Art Unit: 3686 Application/Control Number: 18/565,608 Page 7 Art Unit: 3686 Application/Control Number: 18/565,608 Page 8 Art Unit: 3686 Application/Control Number: 18/565,608 Page 9 Art Unit: 3686 Application/Control Number: 18/565,608 Page 10 Art Unit: 3686 Application/Control Number: 18/565,608 Page 11 Art Unit: 3686 Application/Control Number: 18/565,608 Page 12 Art Unit: 3686
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