DETAILED ACTION
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 § 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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent 9,646,511 to Jerauld in view of U.S. Patent Application Publication 2019/0006040 to Fleming et al. in further view of U.S. Patent 9,378,657 to Nusbaum in further view of U.S. Patent Application Publication 2021/0134434 to Riley et al.
As to claims 1 and 11, Jerauld discloses a system for generating a customized badge, wherein the system comprises: at least a processor; and a memory communicatively connected to the at least a processor, the memory containing instructions configuring the processor to:
receive cohort data (Jerauld column 3 lines 17-25) ;
receive alimentary array data, wherein the alimentary array data comprises food quality standards (Jerauld column 17 lines 23-51 and column 25 lines 4-16 see “social feedback”);
generate a cohort digital badge for the alimentary item of at least alimentary array data as a function of the cohort data (Jerauld column 17 lines 23-51);
update the cohort digital badge to a user digital badge as a function of the additional data (Jerauld column 25 lines 17-24);
display the updated user digital badge (Jerauld column 25 lines 17-24).
However, Jerauld does not explicitly teach receive user data, wherein the user data comprises biological extraction data. Fleming discloses receive user data, wherein the user data comprises biological extraction data (Fleming [0047], [0055], and [0008]).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing of the invention by applicant to utilize biological extraction data to generate a digital badge as in Fleming in the system of Jerauld to improve the accuracy of the recommendation.
However, Fleming and Jerauld do not explicitly teach “wherein the updated user digital badge incorporates color-coded indicators that display adherence of the user to specific dietary guidelines”. Nusbaum discloses wherein the updated user digital badge incorporates color-coded indicators that display adherence of the user to specific dietary guidelines (Nusbaum column 4 lines 45-60).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing of the invention by applicant to incorporate adherence characteristics into the display of the digital badge as in Nusbaum into the system of Fleming and Jerauld to better apprise the user of the healthiness of their choices.
However, Nusbaum, Fleming and Jerauld do not explicitly teach generating an alimentary display data structure comprising the alimentary array data and an alimentary array event handler, wherein: the alimentary display data structure is configured to cause a display device to display an alimentary array and the user digital badge; and displaying, the alimentary display data structure and the user digital badge through a smartphone touchscreen interface wherein the alimentary array event handler, through a touch input received through the smartphone touchscreen interface, is configured to detect a user interaction on an item of the at least an alimentary array and, as a function of the detection, display a user score associated with the item. Riley discloses generating an alimentary display data structure comprising the alimentary array data and an alimentary array event handler, wherein: the alimentary display data structure is configured to cause a display device to display an alimentary array and the user digital badge (Riley [0008] see display of a food score for the selected food item and displaying of alternate food suggestions); and displaying, the alimentary display data structure and the user digital badge through a smartphone touchscreen interface wherein the alimentary array event handler, through a touch input received through the smartphone touchscreen interface, is configured to detect a user interaction on an item of the at least an alimentary array and, as a function of the detection, display a user score associated with the item (Riley [0013] see smart phone, user selections and functions, and food items with scores).
It would have been obvious to one of ordinary skill in the art at the time of the invention to incorporate the smart phone display and interactions of Riley in the system of Nusbaum, Fleming and Jerauld to make the user better apprised of the consequences of their food consumption.
As to claims 2 and 12, see the discussion of claim 1, additionally, Jerauld discloses the system wherein displaying the updated user digital badge further comprises: generating a digital menu as a function of the alimentary array; and displaying the updated user digital badge on the digital menu at a display corresponding to the alimentary item (Jerauld column 19 lines 25-62).
As to claims 3 and 13, see the discussion of claim 1, additionally, Jerauld discloses the system wherein displaying the updated user digital badge further comprises: scanning a physical menu; identifying a listing on the physical menu corresponding to the alimentary item; generating a combined display of the physical menu and the updated user digital badge, wherein the combined display displays the updated user digital badge at the listing; and displaying the combined display (Jerauld column 19 lines 25-62).
As to claims 5 and 15, see the discussion of claim 1, additionally, Jerauld discloses the system wherein updating the cohort digital badge to a user digital badge comprises generating the user digital badge, which comprises selecting a preferred alimentary item as a function of user score data, wherein the preferred alimentary item is selected for having higher user score data compared to another alimentary item (Jerauld column 25 lines 17-24).
As to claims 6 and 16, see the discussion of claim 1, additionally, Jerauld discloses the system wherein generating a customized badge further comprises updating the cohort digital badge to the user digital badge as a function of user feedback (Jerauld column 19 lines 25-62).
As to claim 7 and 17, see the discussion of claim 1, additionally, Fleming discloses the system wherein the memory comprises instructions further configuring at least a processor to: adjust the user digital badge, wherein adjusting the user digital badge comprises:
receiving a digital badge machine-learning model (Fleming [0008] and [0057]-[0059]);
training the digital badge machine-learning model using user-specific training data (Fleming [0008] and [0057]-[0059]); and
generating the updated user digital badge using the trained digital badge machine- learning model (Fleming [0008] and [0057]-[0059]).
As to claim 8 and 18, see the discussion of claim 1, additionally, Fleming discloses the system the system is configured to use a webcrawler to: collect validation data as a function of the at least alimentary array data; and generating the cohort badge as a function of the validation data (Fleming [0061-[0063]).
As to claim 9 and 19, see the discussion of claim 1, additionally, Fleming discloses the system wherein the system is further configured to determine cohort nutrient data using a phenotype, wherein generating the cohort digital badge comprises generating the cohort digital badge as a function of the cohort nutrient data (Fleming [0055]).
As to claim 10 and 20, see the discussion of claim 1, additionally Riley discloses generating a digital menu as a function of the alimentary array, wherein the digital menu comprises a plurality of food items including names and descriptions; and displaying the user digital badge on the digital menu, located corresponding to the alimentary item using a display device the alimentary array event handler is further configured to detect a user interaction on an item of the at least an alimentary array and, as a function of the detection, display a user score associated with the item (Riley user selections and functions, and food items with scores [0013] see also menu items [0076]).
Claim(s) 4 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent 9,646,511 to Jerauld in view of U.S. Patent Application Publication 2019/0006040 to Fleming et al. in further view of U.S. Patent 9,378,657 to Nusbaum in further view of U.S. Patent Application Publication 2021/0134434 to Riley et al. in further view of U.S. Patent Application Publication 2018/0233223 to Solari.
As to claims 4 and 14, see the discussion of claim 1, however, Jerauld, Fleming, and Nusbaum do not explicitly teach the system wherein the system is further configured to integrate environmental data into the user digital badge, wherein integrating the environmental data into the user digital badge comprises:
training an environmental score machine-learning model using environmental score training data, wherein the environmental score training data comprises a plurality of environmental data correlated to environmental scores;
receiving environmental data for the alimentary item;
generating an environmental score using the environmental data and the environmental score machine-learning model; and
incorporating the environmental score into the cohort digital badge.
Solari discloses integrate environmental data into the user digital badge, wherein integrating the environmental data into the user digital badge comprises:
training an environmental score machine-learning model using environmental score training data, wherein the environmental score training data comprises a plurality of environmental data correlated to environmental scores (Solari [0261]);
receiving environmental data for the alimentary item (Solari [0261]);
generating an environmental score using the environmental data and the environmental score machine-learning model (Solari [0261]); and
incorporating the environmental score into the cohort digital badge (Solari [0261]).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing of the invention by applicant to include an environmental score into nutritional recommendations as in Solari in the system of Jerauld, Fleming, Nusbaum, and Riley to better address a user’s nutritional preferences and needs.
Response to Arguments
Applicant’s arguments are moot in view of new grounds of rejection.
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 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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/ELIZA A LAM/ Primary Examiner, Art Unit 3686