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
Claims 21-44 and 46 were previously pending and subject to a non-final Office Action having a notification date of November 3, 2025 (“non-final Office Action”). Following the non-final Office Action, Applicant filed an amendment on February 4, 2026 (the “Amendment”), amending claims 21-23, 25-28, 30, 31, 34-37, 39, 42, and 46.
The present 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 §101
These rejections are withdrawn in view of the Amendment, and reference is made to the discussion regarding claim 1 of Example 42 of the USPTO Eligibility Examples in this regard.
Response to Applicant’s Arguments Regarding Claim Rejections Under 35 USC §112
At page 11 of the Amendment in response to the Examiner's position that the present specification does not provide support for transmitting a migraine symptom report "to a second user device of the healthcare professional" "in real time" and "upon determining that the uncertainty value satisfies a threshold," as well as both the user and the healthcare provider having real-time access to migraine symptom prediction data of the user corresponding to the migraine symptom report with the migraine symptom prediction data being "up-to-date" as recited in claims 21, 31, and 46, Applicant makes reference to Figures 1-2 and [0048], [0050], and [0057] of the present specification.
In relation to Figure 1 of the specification which is a generic network diagram of users 120, health system 140 (which can be a healthcare professional per [0021]), and the active learning system 110, Applicant asserts that such diagram indicates that the active learning system 110 "may transmit information, such as a migraine symptom report, to a device of a healthcare professional, as recited in the instant claims." The Examiner disagrees and asserts that neither Figure 1 itself nor the corresponding discussion regarding claim 1 in the specification discloses or even suggests Applicant's above interpretation.
In relation to [0057] of the specification, Applicant notes how this paragraph [generically] discloses how the symptom log can be provided to an authorized healthcare provider. However, where does it or any other paragraph of the specification disclose doing so "in real time" and "upon determining that the uncertainty value satisfies a threshold" as recited in the present claims? They do not.
In relation to [0048] of the specification, Applicant notes how it discloses how the user and health system (health professional per [0021]) can review the log of symptom predictions which appears to provide support for the user and healthcare professional having access to migraine symptom prediction data of the user corresponding to the migraine symptom report. However, neither this paragraph nor any other paragraphs disclose/suggest that such prediction data in the report is necessarily "real-time" and that "up-to-date" access is provided as recited in the claims.
Finally, [0050] of the specification discloses, inter alia, how intervention messages can be sent to the user and alerts can be sent to the healthcare professional. However, this paragraph does not disclose/suggest transmitting a migraine symptom report "to a second user device of the healthcare professional" "in real time" and "upon determining that the uncertainty value satisfies a threshold," as well as both the user and the healthcare provider having real-time access to migraine symptom prediction data of the user corresponding to the migraine symptom report with the migraine symptom prediction data being "up-to-date" as recited in claims 21, 31, and 46
Specification
The disclosure is objected to because of the following informalities: In [0050], line 10, "to try to try" should be changed to --to try--.
Appropriate correction is required.
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 now 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, 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 user device, a preference of said healthcare professional, 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] 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 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 user device, a preference of said healthcare professional, and a type of said second physical statistics data" as now recited in independent claims 21, 31, and 46.
Each of independent claims 21, 31, and 46 also recites transmitting a migraine symptom report for the user to "a said second user device of said healthcare professional and said first user device in real time" upon determining that the uncertainty value satisfies a threshold. While [0043]-[0045] and [0058] discuss how an active learning request can be sent to the user when the uncertainty value satisfies the threshold, it does not appear that these or any other portions of the present specification provide support for transmitting a migraine symptom report "to a second user device of the healthcare professional," much less where such transmission occurs "in real time" and "upon determining that the uncertainty value satisfies a threshold" as recited.
Each of independent claims 21, 31, and 46 also recites "wherein both said user and said healthcare professional have real-time access to up-to-date migraine symptom prediction data of said user corresponding to said migraine symptom report." While [0025] of the present specification discloses how the physical statistic data can be used by the models to predict CHC symptoms in real-time and [0048] discloses how the user and health system (health professional per [0021]) can review the log of symptom predictions which appears to provide support for the user and healthcare professional having access to migraine symptom prediction data of the user corresponding to the migraine symptom report, neither these paragraphs nor any other paragraphs disclose/suggest that such prediction data in the report is necessarily "real-time" and that "up-to-date" access is provided as recited in the claims.
The remaining claims are rejected based on their dependency from the above rejected claims.
Conclusion
THIS ACTION IS MADE FINAL. 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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/JONATHON A. SZUMNY/Primary Examiner, Art Unit 3686