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 .
Status of claim(s)
Claims 1-14 have been examined. Claims 1-3, 7-8, 10-14 have been amended.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim1-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Independent Claims 1, 10-14 recite “determine (1) a subject's stage of behavior change defined as a stage of behavior change of the subject, as one of a plurality of predefined stages in a predetermined order, based on a subject's blood pressure obtained by the first blood pressure measurement device and (2) a preparer's stage of behavior change defined as a stage of behavior change of the food preparer, as one of the plurality of predefined stages, based on a preparer's blood pressure obtained by the second blood pressure measurement device; determine a course of action related to the food for the subject based on a common stage of behavior change defined as a lower one of the subject's stage of behavior change or the preparer's stage of behavior change”. However, what is a common stage of behavior change defined as a lower one of the subject's stage of behavior change or the preparer's stage of behavior change. And thus, the invention is not described with sufficient detail such that one of ordinary skill in the art can conclude that the inventor had possession of the claimed invention.
Allowable Subject Matter Over the Prior Art
The primary reason for indicating allowability over the prior art is the inclusions of the following limitations in the combination as recited.
Claim 1 is directed towards a dietary guidance system comprising:
a first blood pressure measurement device worn by a subject of dietary guidance;
a second blood pressure measurement device worn by a food preparer who prepares food for the subject
a display;
one or more memories and
at least one processor coupled to at least one of the one or more memories and configured to:
determine (1) a subject's stage of behavior change defined as a stage of behavior change of the subject, as one of a plurality of predefined stages in a predetermined order, based on a subject's blood pressure obtained by the first blood pressure measurement device and (2) a preparer's stage of behavior change defined as a stage of behavior change of the food preparer, as one of the plurality of predefined stages, based on a preparer's blood pressure obtained by the second blood pressure measurement device;
determine a course of action related to the food for the subject based on a common stage of behavior change defined as a lower one of the subject's stage of behavior change or the preparer's stage of behavior change; and
cause the display to display the course of action to the subject or the food preparer.
For claim rejection under 35USC 101, the current invention recites “blood pressure measurement devices to a subject of dietary guidance and food preparer”. As described in MPEP2106.04-.07, the combination of recited additional elements in the recited claims is patent eligible because the claims as a whole integrate an abstract idea into practical application under Prong Two of Step 2A of the Alice/Mayo Test as described in MPEP2106.04-07. The claims are eligible because it is not directed to an abstract idea or any other judicial exception.
The closest prior art relates to Vaterlaus (US 20180256078A1) in view of Hadad et al. (US20199290172A1A1 hereinafter Cox) and further in view of Jones et al. (US20190279647A1 hereinafter Jones). Vaterlaus describes a discovery to an individual related to their health and wellness, including receiving data about the individual from a user interface regarding a goal for the individual, querying the individual regarding their perception of the goal, determining, a likely state of the individual (e.g., readiness to change), and selecting a subset of discoveries to display to the individual from a database that correspond to both the goal for the individual and the likely state of the individual. Displaying information may include receiving motion data including duration of motion, classifying a type of activity the individual is engaged in based on the motion data and likely intensity of the activity, and displaying a graphical user interface including a color spectrum, depending on one of the type of activity, intensity of the activity, or duration of the activity. Hadad discloses personalized food and health management recommendations. A dietary glucose monitor may comprise a food analysis module in communication with a glucose level monitor, where the food analysis module may be configured to (1) analyze data indicative of foods consumed by a user, and (2) determine an effect of individual foods on a glucose level of the user, based on changes to the user's glucose level as measured by the glucose level monitor (‘172; Abstract). Hadad further discloses by using a device that can measure antioxidants at a position in the body (e.g. skin) automatically or with human intervention, the engine can generate one or more digital signatures for the user to track and predict antioxidant responses to foods. The engine can be used to calculate blood pressure levels. By using a continuous blood pressure monitoring device, the engine can provide insight on the relationships between foods and blood pressure, especially for users with hypertension or other cardiovascular conditions (‘172; Para 0275).
However, the prior arts do not disclose determine a course of action related to the food for the subject based on a common stage of behavior change defined as a lower one of the subject's stage of behavior change or the preparer's stage of behavior change.
Claims 1-14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20180256078A1, Sept. 13, 2018; Vaterelaus, Wellness and Discovery Systems and Method.
US20190228856A1, Jul. 25, 2019; Leifer et al.; Method and System for Preference-Driven Food Personalization.
US20100240966A1, Sep. 23, 2010; Taniike et al.; Lifestyle Habit Improvement Supporting Apparatus and Method Thereof.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/HIEP V NGUYEN/Primary Examiner, Art Unit 3686