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 .
Status of Claims
This action is in reply to the claims filed on 11 March 2024. Claims 1-20 are currently pending and have been examined.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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.
Claims 1-20 are rejected under 35 USC § 101
Step 1: Is the claim to a process, machine, manufacture, or composition of matter?
Claims 1-20 fall within one or more statutory categories. Claim 1-19 falls within the category of a machine. Claim 20 falls within the category of a process.
Step 2A Prong One: Does the claim recite an abstract idea, law of nature, or natural phenomenon?
Claims 1-20 recite an abstract idea. Representative claim 1 recites:
… acquire first information from an answer to an inquiry to a user, … the first information indicating motivation of the user,
acquire second information from the inquiry …, the second information indicating a condition related to health of the user,
calculate a plurality of indicators associated with an organization based on the first information and the second information, and
output the plurality of indicators.
Therefore, the claim as a whole is directed to “calculating health indicators,” which is an abstract idea because it is a method of organizing human activity. “Calculating health indicators” is considered to be a method of organizing human activity managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions). The broadest reasonable interpretation of the claims include the interaction between a healthcare provider and a patient.
Alternatively, the broadest reasonable interpretation of the claims include a mental process because they recite concepts capable of being performed in the human mind (including an observation, evaluation, judgment, opinion).
Step 2A Prong Two: Does the claim recite additional elements that integrate the judicial exception into a practical application?
This judicial exception is not integrated into a practical application. In particular, claim 1 recites the following additional element(s):
circuitry configured to [perform the abstract idea];
a terminal apparatus used by the user.
The additional elements individually or in combination do not integrate the exception into a practical application. These additional elements merely recite the words ‘‘apply it’’ (or an equivalent) with the judicial exception, or merely include instructions to implement an abstract idea on a computer, or merely use a computer as a tool to perform an abstract idea (see MPEP 2106.05(f)). Accordingly, 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. Claim 1 is directed to an abstract idea.
Step 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
Claim 1 does not include additional elements, considered individually or in combination, that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element(s), individually and in combination, merely recite the words ‘‘apply it’’ (or an equivalent) with the judicial exception, or merely include instructions to implement an abstract idea on a computer, or merely use a computer as a tool to perform an abstract idea (see MPEP 2106.05(f)). Accordingly, claim 1 is ineligible.
Dependent claim 2 recites the method of claim 1, wherein:
the second information includes information indicating a state of an autonomic nervous system of the user, measured with an image of the user captured with an image capturing device built in or connected to the terminal apparatus.
The additional elements present in this claim recite the words ‘‘apply it’’ (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (see MPEP 2106.05(f)). These types of additional elements are not enough to integrate the abstract idea into a practical application, nor do they amount to significantly more than the judicial exception. Accordingly, claim 2 is ineligible.
Dependent claim 3 recites the method of claim 1, wherein:
the user is a member of the organization, and
wherein the plurality of indicators include a plurality of health management indicators managed by the organization.
This merely further limits the abstract idea of claim 1 discussed above and does not provide further additional elements. Therefore, claim 3 is considered to be ineligible.
Dependent claim 4 recites the method of claim 3, wherein:
the circuitry calculates each of the plurality of health management indicators with a prediction model, the prediction model including the first information and the second information each as an explanatory variable and including the each of the plurality of health management indicators as an objective variable.
The additional elements present in this claim recite the words ‘‘apply it’’ (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (see MPEP 2106.05(f)). These types of additional elements are not enough to integrate the abstract idea into a practical application, nor do they amount to significantly more than the judicial exception. Accordingly, claim 4 is ineligible.
Dependent claim 5 recites the method of claim 3, wherein:
the circuitry acquires work information of the user, and
calculates each of the plurality of health management indicators with a prediction model, the prediction model including the first information, the second information, and the work information of the user each as an explanatory variable and including the each of the plurality of health management indicators as an objective variable.
The additional elements present in this claim recite the words ‘‘apply it’’ (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (see MPEP 2106.05(f)). These types of additional elements are not enough to integrate the abstract idea into a practical application, nor do they amount to significantly more than the judicial exception. Accordingly, claim 5 is ineligible.
Dependent claim 6 recites the method of claim 3, wherein:
the circuitry receives respective degrees of importance of the plurality of health management indicators set by an administrator of the organization, and
preferentially outputs a health management indicator of a highest degree of importance out of the plurality of health management indicators.
This merely further limits the abstract idea of claim 1 discussed above and does not provide further additional elements. Therefore, claim 6 is considered to be ineligible.
Dependent claim 7 recites the method of claim 1, wherein:
the circuitry acquires work information of the user, and
calculates the plurality of indicators with the first information, the second information, and the work information of the user.
This merely further limits the abstract idea of claim 1 discussed above and does not provide further additional elements. Therefore, claim 7 is considered to be ineligible.
Dependent claim 8 recites the method of claim 1, wherein:
the circuitry acquires work information of the user,
predicts the first information based on the work information of the user, and
predicts the second information based on the work information of the user.
This merely further limits the abstract idea of claim 1 discussed above and does not provide further additional elements. Therefore, claim 8 is considered to be ineligible.
Dependent claim 9 recites the method of claim 8, wherein:
when a value of the predicted first information deviates from a standard value of the first information, the circuitry starts a survey to acquire the first information and the second information.
This merely further limits the abstract idea of claim 1 discussed above and does not provide further additional elements. Therefore, claim 9 is considered to be ineligible.
Dependent claim 10 recites the method of claim 8, wherein:
when a value of the predicted second information deviates from a standard value of the second information, the circuitry starts a survey to acquire the first information and the second information.
This merely further limits the abstract idea of claim 1 discussed above and does not provide further additional elements. Therefore, claim 10 is considered to be ineligible.
Dependent claim 11 recites the method of claim 1, wherein:
the circuitry outputs at least one of a first comparison result or a second comparison result,
the first comparison result representing a result of comparison between an actual measurement value and a standard value of the first information, and
the second comparison result representing a result of comparison between an actual measurement value and a standard value of the second information.
This merely further limits the abstract idea of claim 1 discussed above and does not provide further additional elements. Therefore, claim 11 is considered to be ineligible.
Dependent claim 12 recites the method of claim 11, wherein:
the circuitry outputs information related to an improvement plan for the motivation of the user corresponding to the first comparison result or for the condition related to the health of the user corresponding to the second comparison result.
This merely further limits the abstract idea of claim 1 discussed above and does not provide further additional elements. Therefore, claim 12 is considered to be ineligible.
Dependent claim 13 recites the method of claim 1, wherein:
the circuitry analyzes a plurality of influential factors on each of the plurality of indicators, and
outputs, out of the plurality of influential factors, a factor with a highest degree of influence on the each of the plurality of indicators.
This merely further limits the abstract idea of claim 1 discussed above and does not provide further additional elements. Therefore, claim 13 is considered to be ineligible.
Dependent claim 14 recites the method of claim 13, wherein:
the circuitry preferentially outputs the factor with the highest degree of influence on the corresponding indicator of the plurality of indicators.
This merely further limits the abstract idea of claim 1 discussed above and does not provide further additional elements. Therefore, claim 14 is considered to be ineligible.
Dependent claim 15 recites the method of claim 14, wherein:
the circuitry outputs information related to an improvement plan for the factor with the highest degree of influence on the corresponding indicator of the plurality of indicators.
This merely further limits the abstract idea of claim 1 discussed above and does not provide further additional elements. Therefore, claim 15 is considered to be ineligible.
Dependent claim 16 recites the method of claim 1, wherein:
the circuitry outputs a display screen to display an indicator of the plurality of indicators, and
in response to selection of the indicator on the display screen, displays, on the display screen, the first information or the second information causally related to the selected indicator.
The additional elements present in this claim recite the words ‘‘apply it’’ (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (see MPEP 2106.05(f)). These types of additional elements are not enough to integrate the abstract idea into a practical application, nor do they amount to significantly more than the judicial exception. Accordingly, claim 16 is ineligible.
Dependent claim 17 recites the method of claim 16, wherein:
the circuitry displays a plurality of indicators of the plurality of indicators on the display screen, and
in response to selection of the plurality of indicators from the plurality of indicators on the display screen, preferentially displays, on the display screen, the first information or the second information causally related to the selected plurality of indicators.
The additional elements present in this claim recite the words ‘‘apply it’’ (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (see MPEP 2106.05(f)). These types of additional elements are not enough to integrate the abstract idea into a practical application, nor do they amount to significantly more than the judicial exception. Accordingly, claim 17 is ineligible.
Dependent claim 18 recites the method of claim 16, wherein:
the circuitry preferentially displays, on the display screen, one of the first information and the second information causally related to the selected indicator and having a value that deviates from a standard value more than the other one of the first information and the second information.
The additional elements present in this claim recite the words ‘‘apply it’’ (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (see MPEP 2106.05(f)). These types of additional elements are not enough to integrate the abstract idea into a practical application, nor do they amount to significantly more than the judicial exception. Accordingly, claim 18 is ineligible.
Claims 19 and 20 are parallel in nature to claim 1. Accordingly claims 19 and 20 are rejected as being directed towards ineligible subject matter based upon the same analysis above.
Claim Rejections - 35 USC § 102
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 –
(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.
(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.
Claims 1 and 3-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ohnemus et al. (U.S. 2014/0156308), hereinafter “Ohnemus.”
Regarding claim 1, Ohnemus discloses a :
circuitry configured to acquire first information from an answer to an inquiry to a user (See Ohnemus [0036] notifications can include questionnaires or prompts for information. [0039] the system can collect information of the type that is associated with at least one of biological information, physiological information and physical activity of the user can be received from one or more devices is configured to sense information. [0177] the system takes into account the user's own assessment of their health and life quality.), having been input to a terminal apparatus used by the user (See Ohnemus [0076] system can include the use of personal computing devices got sending and receiving data from the system.), the first information indicating motivation of the user (See Ohnemus [0044] an initial testing process may be provided in which questions and/or information is presented, and users can be offered an opportunity to answer various questions, such as to determine whether the content understandable/clear, meaningful, relevant, fun and/or entertaining. Fig. 4A system can ask questions such as “how interested are you in nutrition?” This is an example of information indicating motivation of a user. [0099] system addresses why and how a person eats. This is an example of information indicating motivation of a user. [0107] user profiling is provided, and one or more questions are provided, such as regarding the user's dietary avoidances, interest in nutrition and occupational status. This is an example of information indicating motivation of a user.),
acquire second information from the inquiry with the terminal apparatus (See Ohnemus [0039] the system can collect information of the type that is associated with at least one of biological information, physiological information and physical activity of the user can be received from one or more devices is configured to sense information. See also [0155].), the second information indicating a condition related to health of the user (See Ohnemus information used by the system includes pre-existing conditions. [0155] Other parameters that can be measured and included in the calculation include medical conditions such as diabetes, ventricular hypertrophy, hypertension, irregular heartbeat and fasting glucose values. See also [0178].),
calculate a plurality of indicators (See Ohnemus [0045] data acquisition, data storage, and data processing can be used to produce a numerical score as a basis for assessing the relative health of a user. [0053] three interrelated components can be included in calculating the user's health score: a metric health model ("MHM"), which includes subjective information from the user about who the user is; a quality of life model ("QLM"), which includes subjective information from the user about how the user feels; and a lifestyle model ("LSM") which includes subjective information from the user about the user lives. See also [0167].) associated with an organization (See Ohnemus [0172] Therefore, the health score has significant value so that members of a group can compare their relative health and so that other entities (e.g., employers, health care insurers) can assess the health of an individual. See also [0097]. The use of leagues, another type of organization, is discussed in [0136]. Health insurance provider’s as an example of another organization is discussed in [0161].) based on the first information and the second information (See Ohnemus [0155] The health score is calculated based on the collected health information using an algorithm.), and
output the plurality of indicators (See Ohnemus [0045] a user interface for the presentation (e.g., display) of data. [0084] display screen for web browser or the like. [0120] the health score provides output substantially in real-time and provides a virtual "mirror" of the user's overall health and fitness.).
Regarding claim 3, Ohnemus discloses the apparatus of claim 1 as discussed above. Ohnemus further discloses an apparatus, wherein:
the user is a member of the organization (See Ohnemus [0172] Therefore, the health score has significant value so that members of a group can compare their relative health and so that other entities (e.g., employers, health care insurers) can assess the health of an individual. See also [0097]. The use of leagues, another type of organization, is discussed in [0136]. Health insurance provider’s as an example of another organization is discussed in [0161].), and
wherein the plurality of indicators include a plurality of health management indicators managed by the organization (See Ohnemus [0172] Therefore, the health score has significant value so that members of a group can compare their relative health and so that other entities (e.g., employers, health care insurers) can assess the health of an individual. See also [0097]. The use of leagues, another type of organization, is discussed in [0136]. Health insurance provider’s as an example of another organization is discussed in [0161].).
Regarding claim 4, Ohnemus discloses the apparatus of claim 3 as discussed above. Ohnemus further discloses an apparatus, wherein:
the circuitry calculates each of the plurality of health management indicators with a prediction model, the prediction model including the first information and the second information each as an explanatory variable and including the each of the plurality of health management indicators as an objective variable (See Ohnemus [0145] the present application supports an inference engine that, as described in the section above, provides a total integrated lifestyle feedback loop that uses artificial intelligence. [0155] the health score (i.e. the “objective variable”) is calculated based on the collected health information (i.e. the “explanatory variable” which includes the motivation and condition information as discussed in claim 1) using an algorithm. [0171] the stored data can also be used to predict future health scores for a user. A prediction module can analyze past data.).
Regarding claim 5, Ohnemus discloses the apparatus of claim 3 as discussed above. Ohnemus further discloses an apparatus, wherein:
the circuitry acquires work information of the user (See Ohnemus [0107] user profiling is provided, and one or more questions are provided, such as regarding the user's dietary avoidances, interest in nutrition and occupational status. Occupational status is a type of work information.), and
calculates each of the plurality of health management indicators with a prediction model, the prediction model including the first information, the second information, and the work information of the user each as an explanatory variable and including the each of the plurality of health management indicators as an objective variable (See Ohnemus [0145] the present application supports an inference engine that, as described in the section above, provides a total integrated lifestyle feedback loop that uses artificial intelligence. [0155] the health score (i.e. the “objective variable”) is calculated based on the collected health information (i.e. the “explanatory variable” which includes the motivation and condition information as discussed in claim 1 and the work information in [0107]) using an algorithm. [0171] the stored data can also be used to predict future health scores for a user. A prediction module can analyze past data.).
Regarding claim 6, Ohnemus discloses the apparatus of claim 3 as discussed above. Ohnemus further discloses an apparatus, wherein:
the circuitry receives respective degrees of importance of the plurality of health management indicators (See Ohnemus [0038] Notifications generated by one or more rule engines can be assigned a priority between zero and one, which priority can be static or be calculated dynamically, based on the specific content/parameters of the notification. [0057] This mechanism leads to a recommendation to the user, based on a ranking in accordance with relevance of the factors that relate to the user's changing lifestyle. [0066] presenting those lifestyle components ordered by the calculated weight gives a clear guidance to users as to which lifestyle components have the strongest effect on their overall health score and thus on their wellbeing.) set by an administrator of the organization (See Ohnemus [0172] Therefore, the health score has significant value so that members of a group can compare their relative health and so that other entities (e.g., employers, health care insurers) can assess the health of an individual. See also [0097]. The use of leagues, another type of organization, is discussed in [0136]. Health insurance provider’s as an example of another organization is discussed in [0161].), and
preferentially outputs a health management indicator of a highest degree of importance out of the plurality of health management indicators (See Ohnemus [0038] Notifications generated by one or more rule engines can be assigned a priority between zero and one, which priority can be static or be calculated dynamically, based on the specific content/parameters of the notification.*Examiner notes that the use of the word “preferentially” renders this claim element as non-limiting intended result which merely describes a desired result from use of the recited structure.).
Regarding claim 7, Ohnemus discloses the apparatus of claim 1 as discussed above. Ohnemus further discloses an apparatus, wherein:
the circuitry acquires work information of the user (See Ohnemus [0107] user profiling is provided, and one or more questions are provided, such as regarding the user's dietary avoidances, interest in nutrition and occupational status. Occupational status is a type of work information.), and
calculates the plurality of indicators with the first information, the second information, and the work information of the user (See Ohnemus [0145] the present application supports an inference engine that, as described in the section above, provides a total integrated lifestyle feedback loop that uses artificial intelligence. [0155] the health score (i.e. the “objective variable”) is calculated based on the collected health information (i.e. the “explanatory variable” which includes the motivation and condition information as discussed in claim 1 and the work information in [0107]) using an algorithm. [0171] the stored data can also be used to predict future health scores for a user. A prediction module can analyze past data.).
Regarding claim 8, Ohnemus discloses the apparatus of claim 1 as discussed above. Ohnemus further discloses an apparatus, wherein:
the circuitry acquires work information of the user (See Ohnemus [0107] user profiling is provided, and one or more questions are provided, such as regarding the user's dietary avoidances, interest in nutrition and occupational status. Occupational status is a type of work information.),
predicts the first information based on the work information of the user (See Ohnemus [0155] Where absent, a parameter can be omitted from the calculation or it can be estimated from other parameters and/or values obtained from a sample group of individuals having similar parameters.), and
predicts the second information based on the work information of the user (See Ohnemus [0155] Where absent, a parameter can be omitted from the calculation or it can be estimated from other parameters and/or values obtained from a sample group of individuals having similar parameters.).
Regarding claim 9, Ohnemus discloses the apparatus of claim 8 as discussed above. Ohnemus further discloses an apparatus, wherein:
when a value of the predicted first information deviates from a standard value of the first information (See Ohnemus [0056] In the event that a value is received that is above the 96th percentile of original survey data, the user can be provided with a message, such as a warning, that his or her responses appear to be unrealistic, and inviting the user to repeat the process to generate a new score. See also [0123].), the circuitry starts a survey to acquire the first information and the second information (See Ohnemus [0154] he present application provides for information to be received from users and devices, and processed to provide alerts and notifications. notifications can be questionnaires (i.e. surveys).).
Regarding claim 10, Ohnemus discloses the apparatus of claim 8 as discussed above. Ohnemus further discloses an apparatus, wherein:
when a value of the predicted second information deviates from a standard value of the second information (See Ohnemus [0056] In the event that a value is received that is above the 96th percentile of original survey data, the user can be provided with a message, such as a warning, that his or her responses appear to be unrealistic, and inviting the user to repeat the process to generate a new score. See also [0123].), the circuitry starts a survey to acquire the first information and the second information (See Ohnemus [0154] he present application provides for information to be received from users and devices, and processed to provide alerts and notifications. notifications can be questionnaires (i.e. surveys).).
Regarding claim 11, Ohnemus discloses the apparatus of claim 1 as discussed above. Ohnemus further discloses an apparatus, wherein:
the circuitry outputs at least one of a first comparison result or a second comparison result, the first comparison result representing a result of comparison between an actual measurement value and a standard value of the first information, and the second comparison result representing a result of comparison between an actual measurement value and a standard value of the second information (See Ohnemus [0056] In the event that a value is received that is above the 96th percentile of original survey data, the user can be provided with a message, such as a warning, that his or her responses appear to be unrealistic, and inviting the user to repeat the process to generate a new score. See also [0123] compare the user scores versus median scores.).
Regarding claim 12, Ohnemus discloses the apparatus of claim 11 as discussed above. Ohnemus further discloses an apparatus, wherein:
the circuitry outputs information related to an improvement plan for the motivation of the user corresponding to the first comparison result or for the condition related to the health of the user corresponding to the second comparison result (See Ohnemus [0051] By providing the health score, a user gets health-related feedback information and can make modifications in his/her lifestyles that can directly impact the user's health score and improve the user's health, more generally. [0066] Users are provided with a prescription to focus on specific lifestyle issues to improve long-term health. The engine can do this by first calculating a user's room for improvement in the modifiable risk factors. [0126] The present application guides users from the health score drivers (e.g., via health score Refactoring) to specific goals, such as via particular programs.).
Regarding claim 13, Ohnemus discloses the apparatus of claim 1 as discussed above. Ohnemus further discloses an apparatus, wherein:
the circuitry analyzes a plurality of influential factors on each of the plurality of indicators (See Ohnemus [0057] this mechanism leads to a recommendation to the user, based on a ranking in accordance with relevance of the factors that relate to the user's changing lifestyle. [0066] presenting those lifestyle components ordered by the calculated weight gives a clear guidance to users as to which lifestyle components have the strongest effect on their overall health score and thus on their wellbeing. Fig. 16 and [0153] a health score visualization is provided that displays relative values in connection with the user's activities, the user's body and the user's emotions.), and
outputs, out of the plurality of influential factors, a factor with a highest degree of influence on the each of the plurality of indicators (See Ohnemus [0057] This mechanism leads to a recommendation to the user, based on a ranking in accordance with relevance of the factors that relate to the user's changing lifestyle. [0066] presenting those lifestyle components ordered by the calculated weight gives a clear guidance to users as to which lifestyle components have the strongest effect on their overall health score and thus on their wellbeing. See also [0038].).
Regarding claim 14, Ohnemus discloses the apparatus of claim 13 as discussed above. Ohnemus further discloses an apparatus, wherein:
the circuitry preferentially outputs the factor with the highest degree of influence on the corresponding indicator of the plurality of indicators (See Ohnemus [0057] This mechanism leads to a recommendation to the user, based on a ranking in accordance with relevance of the factors that relate to the user's changing lifestyle. [0066] presenting those lifestyle components ordered by the calculated weight gives a clear guidance to users as to which lifestyle components have the strongest effect on their overall health score and thus on their wellbeing. See also [0038].*Examiner notes that the use of the word “preferentially” renders this claim element as non-limiting intended result which merely describes a desired result from use of the recited structure.).
Regarding claim 15, Ohnemus discloses the apparatus of claim 14 as discussed above. Ohnemus further discloses an apparatus, wherein:
the circuitry outputs information related to an improvement plan for the factor with the highest degree of influence on the corresponding indicator of the plurality of indicators (See Ohnemus [0057] This mechanism leads to a recommendation to the user, based on a ranking in accordance with relevance of the factors that relate to the user's changing lifestyle. [0066] presenting those lifestyle components ordered by the calculated weight gives a clear guidance to users as to which lifestyle components have the strongest effect on their overall health score and thus on their wellbeing. See also [0038].).
Regarding claim 16, Ohnemus discloses the apparatus of claim 1 as discussed above. Ohnemus further discloses an apparatus, wherein:
the circuitry outputs a display screen to display (See Ohnemus [0045] a user interface for the presentation (e.g., display) of data. [0084] display screen for web browser or the like.) an indicator of the plurality of indicators (See Ohnemus [0057] This mechanism leads to a recommendation to the user, based on a ranking in accordance with relevance of the factors that relate to the user's changing lifestyle. [0066] presenting those lifestyle components ordered by the calculated weight gives a clear guidance to users as to which lifestyle components have the strongest effect on their overall health score and thus on their wellbeing. See also [0038].), and
in response to selection of the indicator on the display screen (See Ohnemus [0045] a user interface for the presentation (e.g., display) of data. [0084] display screen for web browser or the like.), displays, on the display screen, the first information or the second information causally related to the selected indicator (See Ohnemus [0057] This mechanism leads to a recommendation to the user, based on a ranking in accordance with relevance of the factors that relate to the user's changing lifestyle. [0066] presenting those lifestyle components ordered by the calculated weight gives a clear guidance to users as to which lifestyle components have the strongest effect on their overall health score and thus on their wellbeing. See also [0038].).
Regarding claim 17, Ohnemus discloses the apparatus of claim 16 as discussed above. Ohnemus further discloses an apparatus, wherein:
the circuitry displays a plurality of indicators of the plurality of indicators (See Ohnemus [0057] This mechanism leads to a recommendation to the user, based on a ranking in accordance with relevance of the factors that relate to the user's changing lifestyle. [0066] presenting those lifestyle components ordered by the calculated weight gives a clear guidance to users as to which lifestyle components have the strongest effect on their overall health score and thus on their wellbeing. See also [0038].) on the display screen (See Ohnemus [0045] a user interface for the presentation (e.g., display) of data. [0084] display screen for web browser or the like.), and
in response to selection of the plurality of indicators from the plurality of indicators on the display screen (See Ohnemus [0045] a user interface for the presentation (e.g., display) of data. [0084] display screen for web browser or the like.), preferentially displays, on the display screen, the first information or the second information causally related to the selected plurality of indicators (See Ohnemus [0057] This mechanism leads to a recommendation to the user, based on a ranking in accordance with relevance of the factors that relate to the user's changing lifestyle. [0066] presenting those lifestyle components ordered by the calculated weight gives a clear guidance to users as to which lifestyle components have the strongest effect on their overall health score and thus on their wellbeing. See also [0038].*Examiner notes that the use of the word “preferentially” renders this claim element as non-limiting intended result which merely describes a desired result from use of the recited structure.).
Regarding claim 18, Ohnemus discloses the apparatus of claim 16 as discussed above. Ohnemus further discloses an apparatus, wherein:
the circuitry preferentially displays, on the display screen, one of the first information and the second information causally related to the selected indicator (See Ohnemus [0057] This mechanism leads to a recommendation to the user, based on a ranking in accordance with relevance of the factors that relate to the user's changing lifestyle. [0066] presenting those lifestyle components ordered by the calculated weight gives a clear guidance to users as to which lifestyle components have the strongest effect on their overall health score and thus on their wellbeing. See also [0038].*Examiner notes that the use of the word “preferentially” renders this claim element as non-limiting intended result which merely describes a desired result from use of the recited structure.) and having a value that deviates from a standard value more than the other one of the first information and the second information (See Ohnemus [0056] In the event that a value is received that is above the 96th percentile of original survey data, the user can be provided with a message, such as a warning, that his or her responses appear to be unrealistic, and inviting the user to repeat the process to generate a new score. See also [0123] compare the user scores versus median scores.).
Regarding claim 19, Ohnemus discloses the apparatus of claim 1 as discussed above. Claim 19 recites a system that performs a method substantially similar to the method performed by the apparatus of claim 1. Accordingly, claim 19 is rejected based on the same analysis.
Regarding claim 20, Ohnemus discloses the apparatus of claim 1 as discussed above. Claim 20 recites a method substantially similar to the method performed by the apparatus of claim 1. Accordingly, claim 20 is rejected based on the same analysis.
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Ohnemus et al. (U.S. 2014/0156308), hereinafter “Ohnemus,” in view of Anson (U.S. 20200107767), hereinafter “Anson.”
Regarding Claim 2, Ohnemus discloses the apparatus of claim 1 as discussed above. Ohnemus further discloses an apparatus, wherein:
the second information includes information indicating a state of an autonomic nervous system of the user (See Ohnemus [0115] the tracker application captures stress-based information, based on the data acquired, via sensors on smartphones and questionnaires. This includes heart rate variability (HRV). HRV is directly related to the autonomic nervous system. [0155] Other parameters that can be measured and included in the calculation include medical conditions such as irregular heartbeat.) .
Ohnemus does not disclose:
measured with an image of the user captured with an image capturing device built in or connected to the terminal apparatus.
Anson teaches:
measured with an image of the user captured with an image capturing device built in or connected to the terminal apparatus (See Anson [0001] system can detect heart rate variability (HRV) non-invasively. [0012] camera system used to capture HRV. [0033] system for the evaluation of a subject's physiological state from autonomic nervous system data and behavioral data. [0036] web camera used to capture heart rate of the user, which is understood to be used in the calculation of HRV.).
The system of Anson is applicable to the disclosure of Ohnemus as they both share characteristics and capabilities, namely, they are directed to the evaluation of a subject's physiological state. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ohnemus to include camera measured heart rate as taught by Anson. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Ohnemus so there is no test-induced invasive component that could threaten the collection of accurate data by adding to or otherwise affecting the tested patient's physiological reactivity quotient (see Anson [0012]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Le (U.S. 2013/0317384) teaches a system and method for employers to instruct employees in healthy behavior change.
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/B.L.H./Examiner, Art Unit 3684
/Shahid Merchant/Supervisory Patent Examiner, Art Unit 3684