DETAILED ACTION
This office action is in response to application filed on March 19, 2024.
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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been received.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/19/2024, 04/19/2024 and 09/09/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Response to Amendment
Preliminary amendments filed on 03/19/2024 have been entered.
Claims 1 and 3-5 have been amended.
Claims 1-6 have been examined.
Specification
The disclosure is objected to because of the following informalities:
[0017]: Language “In addition, the numbers of the supply support servers 10 and the supply servers 30 may also be plural in stead of one” should read “In addition, the numbers of the supply support servers 10 and the supply servers 30 may also be plural instead of one” in order to correct for minor informalities.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim language “a first display unit configured to display the first supplement compounding information acquired by the first acquisition unit for the user’s confirmation” should read “a first display unit configured to display the first supplement compounding information acquired by the first acquisition unit for [[the]] user’s confirmation” in order to provide appropriate antecedence basis.
Claim language “an input reception unit configured to receive a compounding and preparation input of a supplement that is made by the user regarding the first supplement compounding information displayed by the first display unit” should read “an input reception unit configured to receive a compounding and preparation input of [[a]]the supplement that is made by [[the]]a user regarding the first supplement compounding information displayed by the first display unit” in order to provide appropriate antecedence basis.
Appropriate correction is required.
Claim 2 is objected to because of the following informalities:
Claim language should read “The supplement compounding and preparation terminal according to claim 1, wherein the compounding of the supplement is at least any one of information regarding a combination of a plurality of supplements, an amount of the supplement, a type of a component of the supplement, [[the]]a number of [[the]] types of [[the]] components of the supplement, a compositional ratio of each component of the supplement, a flavor type of the supplement, and a concentration of the supplement” in order to provide appropriate antecedence basis.
Appropriate correction is required.
Claim 3 is objected to because of the following informalities:
Claim language should read “The supplement compounding and preparation terminal according to claim 1, further comprising: a second acquisition unit configured to acquire a code generated based on the second supplement compounding information output by the output unit; and a second display unit configured to display the code acquired by the second acquisition unit for reading by a supplement server that supplies [[a]]the supplement” in order to provide appropriate antecedence basis.
Appropriate correction is required.
Claim 4 is objected to because of the following informalities:
Claim language “a supplement compounding and preparation terminal configured to be operated by a user and prepares compounding of the supplement” should read “a supplement compounding and preparation terminal configured to be operated by a user and to prepare compounding of the supplement” in order to provide appropriate antecedence basis.
Claim language “wherein the supply support server derives first supplement compounding information that indicates compounding of a supplement in accordance with the user’s information based on a recommendation algorithm that recommends compounding of a supplement according to the user’s information and transmits the first supplement compounding information to the supplement compounding and preparation terminal” should read “wherein the supply support server derives first supplement compounding information that indicates compounding of [[a]]the supplement in accordance with [[the]] user’s information based on a recommendation algorithm that recommends compounding of [[a]]the supplement according to the user’s information and transmits the first supplement compounding information to the supplement compounding and preparation terminal” in order to provide appropriate antecedence basis.
Claim language “the supplement compounding and preparation terminal displays the first supplement compounding information for the user’s confirmation, receives a compounding and preparation input of a supplement from the user …” should read “the supplement compounding and preparation terminal displays the first supplement compounding information for [[the]] user’s confirmation, receives a compounding and preparation input of [[a]]the supplement from the user …” in order to provide appropriate antecedence basis.
Claim language “the supplement compounding and preparation terminal displays the code for reading by a supplement server that supplies a supplement” should read “the supplement compounding and preparation terminal displays the code for reading by a supplement server that supplies [[a]]the supplement” in order to provide appropriate antecedence basis.
Appropriate correction is required.
Claim 5 is objected to because of the following informalities:
Claim language should read “The supplement supply system according to claim 4, further comprising: [[a]]the supplement server configured to supply [[a]]the supplement, wherein the supplement server reads the code and thereby extracts and supplies [[a]]the supplement, compounding of which is indicated by the second supplement compounding information” in order to provide appropriate antecedence basis.
Appropriate correction is required.
Claim 6 is objected to because of the following informalities:
Claim language “A supplement compounding and preparation method that is executed by a supplement compounding and preparation terminal, the method comprising:” should read “A supplement compounding and preparation method that is executed by a supplement compounding and preparation terminal, the supplement compounding and preparation method comprising:” in order to provide appropriate antecedence basis.
Claim language “a step of displaying the first supplement compounding information for the user’s confirmation” should read “a step of displaying the first supplement compounding information for [[the]] user’s confirmation” in order to provide appropriate antecedence basis.
Claim language “a step of receiving a compounding and preparation input of a supplement that is made by the user regarding the displayed first supplement compounding information” should read “a step of receiving a compounding and preparation input of [[a]]the supplement that is made by [[the]]a user regarding the displayed first supplement compounding information” in order to provide appropriate antecedence basis.
Appropriate correction is required.
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 1-6 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more.
Regarding claim 1, the examiner submits that under Step 1 of the 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence (see also 2019 Revised Patent Subject Matter Eligibility Guidance) for evaluating claims for eligibility under 35 U.S.C. 101, the claim is to a machine, which is one of the statutory categories of invention.
Continuing with the analysis, under Step 2A - Prong One of the test (see italic text for abstract idea):
the limitation “a first acquisition unit configured to acquire first supplement compounding information that indicates compounding of a supplement derived based on a user’s information” is a process that, under its broadest reasonable interpretation in light of the specification, covers performance of the limitation using mental processes and/or mathematical concepts to manipulate data and obtain additional information (i.e., first supplement compounding information; see specification at [0008], [0010], [0066]-[0067], [0071]-[0072]). Except for the recitation of the extra-solution activities (e.g., source/type of data being evaluated), the particular technological environment or field of use, and the generic computer elements (i.e., a first acquisition unit, [0020], [0069], [0092]), the limitation in the context of the claim mainly refers to performing a mental evaluation and/or applying mathematical concepts to transform data.
the limitation “an input reception unit configured to receive a compounding and preparation input of a supplement that is made by the user regarding the first supplement compounding information displayed by the first display unit” is a process that, under its broadest reasonable interpretation in light of the specification, covers performance of the limitation using mental processes and/or mathematical concepts to manipulate data and obtain additional information (i.e., a compounding and preparation input; see specification at [0007], [0065], [0073], [0081]). Except for the recitation of the extra-solution activities (e.g., source/type of data being evaluated), the particular technological environment or field of use, and the generic computer elements (i.e., an input reception unit, [0069], [0085], [0092]), the limitation in the context of the claim mainly refers to performing a mental evaluation and/or applying mathematical concepts to transform data.
the limitation “a derivation unit configured to derive second supplement compounding information that indicates compounding of a prepared supplement based on the compounding and preparation input received by the input reception unit” is a process that, under its broadest reasonable interpretation in light of the specification, covers performance of the limitation using mental processes and/or mathematical concepts to manipulate data and obtain additional information (i.e., second supplement compounding information; see specification at [0006]-[0007], [0010], [0083], [0085]-[0086]). Except for the recitation of the extra-solution activities (e.g., source/type of data being evaluated), the particular technological environment or field of use, and the generic computer elements (i.e., a derivation unit, [0069], [0085], [0092]), the limitation in the context of the claim mainly refers to performing a mental evaluation and/or applying mathematical concepts to transform data.
Therefore, the claim recites a judicial exception under Step 2A - Prong One of the test.
Furthermore, under Step 2A - Prong Two of the test, this judicial exception is not integrated into a practical application when considering the claim as a whole. In particular, the additional elements recited in the claim (see non-italic text for additional elements):
“A supplement compounding and preparation terminal comprising: a first acquisition unit configured to acquire …; a first display unit; an input reception unit configured to receive …; a derivation unit; and an output unit” generally links the use of the judicial exception to a particular technological environment or field of use (see MPEP 2106.05(h)), while adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (see specification at [0006], [0065], [0069], [0092]; see MPEP 2106.05(f));
“a first display unit configured to display the first supplement compounding information acquired by the first acquisition unit for the user’s confirmation” adds extra-solution activities (e.g., mere data outputting, intended use, mere data gathering; see MPEP 2106.05(g)), while adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (i.e., a first display unit, the first acquisition unit; see specification at [0069], [0092]; see MPEP 2106.05(f)); and
“an output unit configured to output the second supplement compounding information derived by the derivation unit” adds extra-solution activities (e.g., mere data outputting; see MPEP 2106.05(g)), while adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (i.e., an output unit, the derivation unit; see specification at [0069], [0092]; see MPEP 2106.05(f)).
Accordingly, these additional elements, when considered individually and in combination, do not integrate the judicial exception into a practical application because they do not impose any meaningful limits on practicing the abstract idea when considering the claim as a whole. The claim is directed to a judicial exception under Step 2A of the test.
Additionally, under Step 2B of the test, the claim, when considered as a whole, does not include additional elements that, when considered individually and in combination, are sufficient to amount to significantly more than the judicial exception because the additional elements:
generally link the use of the judicial exception to a particular technological environment or field of use (i.e., supplement compounding and preparation), which as indicated in the MPEP: “As explained by the Supreme Court, a claim directed to a judicial exception cannot be made eligible “simply by having the applicant acquiesce to limiting the reach of the patent for the formula to a particular technological use.” Diamond v. Diehr, 450 U.S. 175, 192 n.14, 209 USPQ 1, 10 n. 14 (1981). Thus, limitations that amount to merely indicating a field of use or technological environment in which to apply a judicial exception do not amount to significantly more than the exception itself, and cannot integrate a judicial exception into a practical application” (see MPEP 2106.05(h));
append generic computer components (i.e., a supplement compounding and preparation terminal comprising: a first acquisition unit configured to acquire …; a first display unit; an input reception unit configured to receive …; a derivation unit; and an output unit) used to facilitate the application of the abstract idea (i.e., mere computer implementation), which as indicated in the MPEP: “Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not provide significantly more” (see MPEP 2106.05(f), item 2); and
recite extra-solution activities (i.e., mere data gathering/outputting by selecting a particular data source/type to be manipulated), which as indicated in the MPEP: “Another consideration when determining whether a claim integrates the judicial exception into a practical application in Step 2A Prong Two or recites significantly more in Step 2B is whether the additional elements add more than insignificant extra-solution activity to the judicial exception. The term “extra-solution activity” can be understood as activities incidental to the primary process or product that are merely a nominal or tangential addition to the claim. Extra-solution activity includes both pre-solution and post-solution activity. An example of pre-solution activity is a step of gathering data for use in a claimed process” (see MPEP 2106.05(g)).
The claim, when considered as a whole, does not provide significantly more under Step 2B of the test.
Based on the analysis, the claim is not patent eligible.
Similarly, independent claims 4 and 6 are directed to a judicial exception (abstract idea) without significantly more as explained above with regards to claim 1.
With regards to the dependent claims they are also directed to the non-statutory subject matter because:
they just extend the abstract idea of the independent claims by additional limitations (Claims 3 and 5), that under the broadest reasonable interpretation in light of the specification, cover performance of the limitations using mental processes and/or mathematical concepts, and
the additional elements recited in the dependent claims, when considered individually and in combination, refer to extra-solution activities (e.g., mere data gathering/outputting using a data type or source), generic computer components, field of use and/or append steps at a high level of generality such that substantially all practical applications of the judicial exception(s) are covered (Claims 2-3 and 5), which as indicated in the Office’s guidance does not integrate the judicial exception into a practical application (Step 2A – Prong Two) and/or does not provide significantly more (Step 2B) when considering the claimed invention as a whole.
Subject Matter Not Rejected Over Prior Art
Claims 1-6 are distinguished over the prior art of record for the following reasons:
Regarding claim 1.
Dhagumudi (US 20170344950 A1) discloses/teaches
A supplement compounding and preparation terminal (Fig. 1; [0005]: a system for producing customized beverage formulation based on user information is provided (see also [0031])) comprising:
a first acquisition unit configured to acquire first supplement compounding information that indicates compounding of a supplement derived based on a user’s information ([0031], [0036], [0045], [0048], [0064]: user-specific instructions for adding and mixing ingredients based on user information are exported to a dispensing device including a hardware module (first acquisition device) for receiving the information (see [0064]; see also [0054]-[0055]));
a first display unit configured to display information for the user’s confirmation ([0057]-[0058]: a user is presented with one or more user choices related to the desired nutritional or energy-related composition of the beverage the user would prefer in order to adjust the user-specific beverage instructions (see also [0052]-[0053] regarding the difference between user-specific beverage composition instructions and user-specific determined formulation); the presentation being done through a GUI (see [0073]; see also [0024], [0027], [0054]));
an input reception unit configured to receive a compounding and preparation input of a supplement that is made by the user regarding the information displayed by the first display unit ([0057]-[0059]: the user inputs the choices related to the desired nutritional or energy-related composition of the beverage using a GUI (see [0073]; see also [0024], [0027], [0064]);
a derivation unit configured to derive second supplement compounding information that indicates compounding of a prepared supplement based on the compounding and preparation input received by the input reception unit ([0057]-[0059]: user-specific beverage instructions are adjusted based on selected choices (see [0061])); and
an output unit configured to output the second supplement compounding information derived by the derivation unit ([0057]-[0059]: adjusted user-specific beverage instructions are output from the GUI and received by the dispensing device for dispensing the customized beverage).
Abramson (US 20070073557 A1) discloses:
“The purpose of the invention is to provide a personalized mixture that improves lifestyle functions including physical and or mental performance, a sustainable level of physical and/or mental activity, and/or recovering from the effects of physical and/or mental performance. An additional purpose of the invention is to deliver a personalized beverage based on a person’s genetic profile and activity in selected genes that helps improve desired lifestyle outcomes such as weight control, aging, and skin appearance” ([0013]: a vending system that prepares genetic based personalized mixtures of nutrients is disclosed (see also [0009]-[0010], [0012], [0033]-[0036], [0038])).
The closest prior art of record, taken individually or in combination, fail to teach or suggest (see italic text):
“a first display unit configured to display the first supplement compounding information acquired by the first acquisition unit for the user’s confirmation; and
an input reception unit configured to receive a compounding and preparation input of a supplement that is made by the user regarding the first supplement compounding information displayed by the first display unit” (the examiner submits that the prior art of record does not present the supplement compounding information for confirmation, but instead it provides additional choices to adjust the user-specific instructions).
Regarding claim 4.
Dhagumudi (US 20170344950 A1) discloses/teaches
A supplement supply system (Fig. 1; [0005]: a system for producing customized beverage formulation based on user information is provided (see also [0031])) comprising:
a supply support server (Fig. 1, item 140 – “application servers”) configured to support supply of a supplement ([0023]: the system includes servers to interact with user devices and dispensing device in order to produce the customized beverage formulation based on user information); and
a supplement compounding and preparation terminal (Fig. 1, items 110 and 122 – “client device” and “dispensing device”) configured to be operated by a user and prepares compounding of the supplement ([0024], [0054]: the system includes a client device and a dispensing device configured to prepare the customized beverage),
wherein the supply support server derives first supplement compounding information that indicates compounding of a supplement in accordance with the user’s information based on a recommendation algorithm that recommends compounding of a supplement according to the user’s information and transmits the first supplement compounding information to the supplement compounding and preparation terminal ([0031], [0045], [0048]: a customized beverage formulation system creates user-specific beverage composition instructions based on user information and algorithms, and communicates this information to the client device and dispensing device),
the supplement compounding and preparation terminal information for the user’s confirmation ([0057]-[0058]: a user is presented with one or more user choices related to the desired nutritional or energy-related composition of the beverage the user would prefer in order to adjust the user-specific beverage instructions (see also [0052]-[0053] regarding the difference between user-specific beverage composition instructions and user-specific determined formulation); the presentation being done through a GUI (see [0073]; see also [0024], [0027], [0054])), receives a compounding and preparation input of a supplement from the user ([0057]-[0059]: the user inputs the choices related to the desired nutritional or energy-related composition of the beverage using a GUI (see [0073]; see also [0024], [0027], [0064]), derives second supplement compounding information that indicates compounding of a prepared supplement based on the compounding and preparation input ([0057]-[0059]: user-specific beverage instructions are adjusted based on selected choices (see [0061])).
Abramson (US 20070073557 A1) discloses:
“The purpose of the invention is to provide a personalized mixture that improves lifestyle functions including physical and or mental performance, a sustainable level of physical and/or mental activity, and/or recovering from the effects of physical and/or mental performance. An additional purpose of the invention is to deliver a personalized beverage based on a person’s genetic profile and activity in selected genes that helps improve desired lifestyle outcomes such as weight control, aging, and skin appearance” ([0013]: a vending system that prepares genetic based personalized mixtures of nutrients is disclosed (see also [0009]-[0010], [0012], [0033]-[0036], [0038])).
The closest prior art of record, taken individually or in combination, fail to teach or suggest (see italic text):
“the supplement compounding and preparation terminal displays the first supplement compounding information for the user’s confirmation, and transmits the second supplement compounding information to the supply support server,
the supply support server generates a code based on the second supplement compounding information and transmits the code to the supplement compounding and preparation terminal, and
the supplement compounding and preparation terminal displays the code for reading by a supplement server that supplies a supplement” (the examiner submits that the prior art of record does not present the supplement compounding information for confirmation, but instead it provides additional choices to adjust the user-specific instructions, while disclosing the use of barcodes in advance to facilitate obtaining user specific data).
Regarding claim 6.
Dhagumudi (US 20170344950 A1) discloses/teaches:
A supplement compounding and preparation method ([0004]: a method for producing customized beverage formulation based on user information is provided (see also [0013])) that is executed by a supplement compounding and preparation terminal (Fig. 1, items 110 and 122 – “client device” and “dispensing device”), the method comprising:
a step of acquiring first supplement compounding information that displays compounding of a supplement derived based on a user’s information ([0031], [0036], [0045], [0048], [0064]: user-specific instructions for adding and mixing ingredients based on user information are exported to a dispensing device including a hardware module (first acquisition device) for receiving the information (see [0064]; see also [0054]-[0055]));
a step of displaying information for the user’s confirmation ([0057]-[0058]: a user is presented with one or more user choices related to the desired nutritional or energy-related composition of the beverage the user would prefer in order to adjust the user-specific beverage instructions (see also [0052]-[0053] regarding the difference between user-specific beverage composition instructions and user-specific determined formulation); the presentation being done through a GUI (see [0073]; see also [0024], [0027], [0054]));
a step of receiving a compounding and preparation input of a supplement that is made by the user regarding the information ([0057]-[0059]: the user inputs the choices related to the desired nutritional or energy-related composition of the beverage using a GUI (see [0073]; see also [0024], [0027], [0064]);
a step of deriving second supplement compounding information that indicates compounding of a prepared supplement based on the compounding and preparation input ([0057]-[0059]: user-specific beverage instructions are adjusted based on selected choices (see [0061])); and
a step of outputting the second supplement compounding information ([0057]-[0059]: adjusted user-specific beverage instructions are output from the GUI and received by the dispensing device for dispensing the customized beverage).
Abramson (US 20070073557 A1) discloses:
“The purpose of the invention is to provide a personalized mixture that improves lifestyle functions including physical and or mental performance, a sustainable level of physical and/or mental activity, and/or recovering from the effects of physical and/or mental performance. An additional purpose of the invention is to deliver a personalized beverage based on a person’s genetic profile and activity in selected genes that helps improve desired lifestyle outcomes such as weight control, aging, and skin appearance” ([0013]: a vending system that prepares genetic based personalized mixtures of nutrients is disclosed (see also [0009]-[0010], [0012], [0033]-[0036], [0038])).
The closest prior art of record, taken individually or in combination, fail to teach or suggest (see italic text):
“a step of displaying the first supplement compounding information for the user’s confirmation;
a step of receiving a compounding and preparation input of a supplement that is made by the user regarding the displayed first supplement compounding information” (the examiner submits that the prior art of record does not present the supplement compounding information for confirmation, but instead it provides additional choices to adjust the user-specific instructions).
Regarding claims 2-3 and 5.
They are also distinguished over the prior art of record due to their dependency.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
HADDAD; Isam et al., US 20190145988 A1, PERSONALISED NUTRIENT DOSING WITH ON-GOING FEEDBACK LOOP
Reference discloses providing nutritional supplement information for a subject based on cycles of taking sample, analysis of the sample, review the nutritional status based on the analysis, and provide individualized nutritional supplement information.
Inada; Nichimu, US 20190328322 A1, INFORMATION PROCESSING APPARATUS AND OPERATION METHOD THEREOF
Reference discloses generating meal managing data indicative of extra calorie intake and an exercise management process that determines the amount of exercise required to consume the extra calorie.
Iotti; Marco et al., US 20200000270 A1, DISPENSING SYSTEM FOR DELIVERING CUSTOMIZED QUANTITIES OF DIETARY AND NUTRACEUTICAL SUPPLEMENTS AND FLAVOR IN A SINGLE AND MULTI-SERVE CONFIGURATIONS
Reference discloses dispensing customized quantities of dietary and nutraceutical supplements in real time.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINA CORDERO whose telephone number is (571)272-9969. The examiner can normally be reached 9:30 am - 6:00 pm.
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/LINA CORDERO/Primary Examiner, Art Unit 2857
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