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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114 ("RCE"), including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 26, 2026, has been entered.
Status of Claims
Claims 21-44 and 46 were previously pending and subject to a Final Office Action having a notification date of February 24, 2026 (“Final Office Action”). Following the Final Office Action, Applicant filed the RCE and an amendment on May 26, 2026 (“Amendment”), amending claims 21, 31, and 46.
The present non-final Office Action addresses pending claims 21-44 and 46 in the Amendment.
Response to Arguments
Response to Applicant’s Arguments Regarding Claim Rejections Under 35 USC §112
At pages 12-13 of the Amendment, Applicant takes the position that [0025] provides support for "receiving in real time, from a second user device of a healthcare professional, second physical statistics data of the user, wherein said second user device is connected to the network, wherein said second physical statistics data comprises data obtained by a second health sensor, and wherein said second physical statistics data is received in a second non-standardized time-series format dependent at least in part on a type of said second health sensor and a type of said second physical statistics data" because it discloses that physical statistic data can be received from multiple different types of health sensors and can be standardized. The Examiner will assume Applicant intended [0024] because [0025] does not disclose what Applicant is asserting. In any case, that physical statistic data can be received from multiple different types of health sensors and can be standardized does not disclose explicitly or implicitly receiving second physical statistics data of the user from a second user device of a healthcare professional "in a second non-standardized time-series format dependent at least in part on a type of said second health sensor and a type of said second physical statistics data" as recited in independent claims 21, 31, and 46. While the end of [0023] generally discloses how physical statistic data can be collected from a health data repository 140 which can be a medical provider per [0021], and while [0024] separately discloses how physical statistic data can be received from multiple different types/models of health sensors (or other sources) in different formats/conventions and standardized for further analysis, the specification does not disclose receiving second physical statistics data of the user from a second user device of a healthcare professional "in a second non-standardized time-series format dependent at least in part on a type of said second health sensor and a type of said second physical statistics data" as recited in independent claims 21, 31, and 46. In fact, [0023] even discloses "the physical statistic data for a user can include readings from one or more health sensors 125 associated with the user, however the physical statistic data module 210 can collect physical statistic data from other sources, such as by being logged or otherwise manually input by the associated user 120, from a health data repository 140, or from another similar source." In this regard, [0023] discloses how collecting data from a health sensor and collecting data from a health data repository (medical provider per [0021]) are mutually exclusive.
In relation to "upon determining in real time that said uncertainty value satisfies a threshold value, automatically transmitting over said network to said second user device of said healthcare professional and said first user device, a notification allowing said healthcare professional and said user to view a migraine symptom report for said user, wherein said notification transmitted to said first user device comprises a request for feedback to said migraine symptom prediction," Applicant asserts how [0042] of the present specification discloses how a CHC symptom prediction can be cast using the uncertainty value, [0046] discloses how the current physical statistic data can be retrieved in response to an instruction to cast a prediction, and [0048] discloses how interventions including notifying the user of a potential CHC or alerting the healthcare provider can be recommended/performed based on the CHC predictions and a log of the CHC predictions can be reviewed by the user or health system. See pages 13-14 of the Amendment. However, there is no disclosure in the above paragraphs that there is a real-time, automatic threshold uncertainty determination and notification transmission to the first and second user devices as recited in the claims. In contrast, the above portions merely disclose how a CHC symptom prediction can be cast using the uncertainty value (nothing about a determination of whether the uncertainty value satisfies a threshold value in real time as claimed). Furthermore, the above portions merely disclose that the healthcare provider can generally be "alerted" and that the user/health system can review a CHC prediction log rather than specifically disclosing automatic/real-time transmission of a notification allowing the healthcare professional and the user to view a migraine symptom report for the user and including a request for feedback to the migraine symptom prediction as claimed.
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.
Claims 21-44 and 46 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.
Each of independent claims 21, 31, and 46 recites "receiving in real time, from a second user device of a healthcare professional, second physical statistics data of the user, wherein said second user device is connected to the network, wherein said second physical statistics data comprises data obtained by a second health sensor, and wherein said second physical statistics data is received in a second non-standardized time-series format dependent at least in part on a type of said second health sensor and a type of said second physical statistics data." While the end of [0023] generally discloses how physical statistic data can be collected from a health data repository 140 which can be a medical provider per [0021], and while [0024] separately discloses how physical statistic data can be received from multiple different types/models of health sensors (or other sources) in different formats/conventions and standardized for further analysis, the specification does not disclose receiving second physical statistics data of the user from a second user device of a healthcare professional "in a second non-standardized time-series format dependent at least in part on a type of said second health sensor and a type of said second physical statistics data" as recited in independent claims 21, 31, and 46. In fact, [0023] even discloses "the physical statistic data for a user can include readings from one or more health sensors 125 associated with the user, however the physical statistic data module 210 can collect physical statistic data from other sources, such as by being logged or otherwise manually input by the associated user 120, from a health data repository 140, or from another similar source." In this regard, [0023] discloses how collecting data from a health sensor and collecting data from a health data repository (medical provider per [0021]) are mutually exclusive.
Each of independent claims 21, 31, and 46 also recites upon determining in real time that the uncertainty value satisfies a threshold, automatically transmitting, to said second user device of said healthcare professional and said first user device, a notification allowing the healthcare professional and the user to view a migraine symptom report for the user and including a request for feedback to the migraine symptom prediction. In the Amendment at pages 13-14, Applicant asserts how [0042] of the present specification discloses how a CHC symptom prediction can be cast using the uncertainty value, [0046] discloses how the current physical statistic data can be retrieved in response to an instruction to cast a prediction, and [0048] discloses how interventions including notifying the user of a potential CHC or alerting the healthcare provider can be recommended/performed based on the CHC predictions and a log of the CHC predictions can be reviewed by the user or health system. However, there is no disclosure in the above paragraphs that there is a real-time, automatic threshold uncertainty determination and notification transmission to the first and second user devices as recited in the claims. In contrast, the above portions merely disclose how a CHC symptom prediction can be cast using the uncertainty value (nothing about a determination of whether the uncertainty value satisfies a threshold value in real time as claimed). Furthermore, the above portions merely disclose that the healthcare provider can generally be "alerted" and that the user/health system can review a CHC prediction log rather than specifically disclosing automatic/real-time transmission of a notification allowing the healthcare professional and the user to view a migraine symptom report for the user and including a request for feedback to the migraine symptom prediction as claimed.
The remaining claims are rejected based on their dependency from the above rejected claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHON A. SZUMNY whose telephone number is (303) 297-4376. The examiner can normally be reached Monday-Friday 7-5.
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/JONATHON A. SZUMNY/Primary Examiner, Art Unit 3686
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