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 application filed on 04/26/24.
Claims 1-16 are currently pending and have been examined.
IDS
The information disclosure statement (IDS) submitted on 04/26/24 and 09/25/25 have been considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
Foreign Priority/Continuity
Status of this application as a 371 of PCT/KR2021/015194, filed 10/27/21, claiming priority to KR10-2021-0144050, filed 10/26/21, is acknowledged. A certified copy has been received on 04/26/24. Accordingly, a priority date of 10/26/21 has been given to this application.
Claim Objections
Claim 1 and Claim 8 are objected to for the following informalities:
Claim 1 and Claim 8 recite: “a body fluid management server comprising: an interface unit configured to perform communication interface with a clinic terminal in communication with a clinic sperm measurement apparatus and a user terminal in communication with a personal sperm measurement apparatus” (Emphasis by Examiner), which Examiner believes to contain an accidental word omission and/or translation mistake. Examiner is uncertain what it means for an interface unit to “perform communication interface with a clinic terminal”. For purposes of examination, Examiner is interpreting this to be an accidental omission of words, and is interpreting this limitation as follows: “a body fluid management server comprising: an interface unit configured to perform communication with an interface of a clinic terminal in communication with a clinic sperm measurement apparatus and a user terminal in communication with a personal sperm measurement apparatus.”
Please correct or explain on the record.
Claims 2-7 are subsequently objected to as they depend from Claim 1.
Claim Interpretation
Claims 1-8 recite various “units” (e.g., body fluid analysis unit, body fluid state determination unit, health management information generation unit in Claim 1) as performing functional steps. These units are recited as being part of a server. Under 112(f), a server is considered to be a hardware structural component. Therefore, the various “units” recited by Claims 1-8 are interpreted as being software/hardware components of the server. Subsequently, 112(f) has not been invoked.
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 1-16 are rejected under 35 U.S.C.101 because the claimed invention is directed to a judicial exception (an abstract idea) without significantly more.
Step 1
Claims 1-9 are drawn to a server, and Claims 10-16 are drawn to a method, both of which are within the four statutory categories. Claims 1-16 are further directed to an abstract idea on the grounds set out in detail below.
Step 2A Prong 1
Claim 1 recites implementing the steps of:
assessing state information of sperm by analyzing clinic sperm data and received personal sperm data, and providing state information regarding the personal sperm data to the user and the clinic for monitoring by the user and a clinic administrator;
determining a final state of the sperm of the user based on the state information of the assessed sperm;
generating health management information suitable for the user in accordance with a level of a care state from among the determined final state
These steps amount to managing personal behavior or relationships or interactions
between people and therefore recite certain methods of organizing human activity. Analyzing sperm data to asses state information, providing the state information to a user and clinic administrator, determining a final state of sperm based on the assessed sperm, and generating health management information for the user are personal behaviors that may be performed by healthcare providers working in reproductive health/fertility fields.
Claim 8 recites implementing the steps of:
identifying a type of data received and a user for the data, and providing the data to the clinic when the received data is personal sperm data;
analyzing state information of sperm received from the clinic to assess a final sperm state of a user;
providing a user whose sperm is in a care state with health management information based on an analysis result
These steps amount to managing personal behavior or relationships or interactions
between people and therefore recite certain methods of organizing human activity. Identifying received data and a user to whom the data pertains, providing the data to a clinic when the received data is personal sperm data, analyzing the state of the sperm received from the clinic to asses a final state of a user, and providing health management information to the user in a care state are personal behaviors that may be performed by healthcare providers working in reproductive health/fertility fields.
Claim 9 recites implementing the steps of:
analyzing received clinic sperm data to assess first state information of sperm;
assessing a final state of a user's sperm based on the first state information;
providing health management information corresponding to the final state to the user and the clinic;
analyzing received personal sperm data to assess second state information of the sperm; and
providing the second state information to the user and the clinic so that the user and a clinic administrator monitor the second state information.
These steps amount to managing personal behavior or relationships or interactions
between people and therefore recite certain methods of organizing human activity. Analyzing sperm data to determine a final state and provide health management to the user, and subsequently receiving and assessing sperm data to determine second state information and providing the second state information to the user and clinic for monitoring purposes are personal behaviors that may be performed by healthcare providers working in reproductive health/fertility fields.
Claim 16 recites implementing the steps of:
analyzing sperm state information regarding the received clinic sperm data to assess the final state of a user's sperm;
providing health management information corresponding to the final state to the user and the clinic; and
in response to receiving personal sperm data, providing the personal sperm data to the clinic so that a clinic administrator monitors the personal sperm data.
These steps amount to managing personal behavior or relationships or interactions
between people and therefore recite certain methods of organizing human activity. Analyzing sperm data to determine a final state of a user’s sperm, providing health management to the user corresponding to the final state, and subsequently providing the personal sperm data to second state information to the user and clinic for monitoring purposes are personal behaviors that may be performed by healthcare providers working in reproductive health/fertility fields.
The above claims are therefore directed to an abstract idea.
Step 2A Prong 2
This judicial exception is not integrated into a practical application because the additional
elements within the claims only amount to:
A. Instructions to Implement the Judicial Exception. MPEP 2106.05(f)
The independent claims additionally recite:
a body fluid management server as implementing the abstract idea (Claims 1, 8)
a body fluid management server which is connected to a user terminal in communication with a personal sperm measurement apparatus and a clinic terminal in communication with a clinic sperm measurement apparatus (Claim 9, 16)
a body fluid analysis unit as performing the step of assessing state information of sperm by analyzing clinic sperm data and received personal sperm data, and providing state information regarding the personal sperm data to the user and the clinic for monitoring by the user and a clinic administrator
a body fluid state determination unit as implementing the step of determining a final state of the sperm of the user based on the state information of the sperm assessed
a health management information generation unit as implementing the step of generating health management information suitable for the user in accordance with a level of a care state from among the determined final state
a data identification unit as implementing the step of identifying a type of data received and a user for the data, and provide the data to the clinic when the received data is personal sperm data;
a body fluid state determination unit as implementing the step of analyzing state information of sperm received from the clinic to assess a final sperm state of a user;
a health management information generation unit as implementing the step of providing a user whose sperm is in a care state with health management information based on an analysis result
user terminal as receiving/providing state information and health management information to a user
clinic terminal as receiving/providing state information, sperm data, and health management information to a clinic administrator
The broad recitation of general purpose computing elements at a high level of generality only amounts to mere instructions to implement the abstract idea using computing components as tools.
Regarding the body fluid management server, para. [061] discloses that the server is comprised of various units. Fig. 2 provides an architectural drawing. The “communication” with the terminals (interpreted as general purpose computing devices; see below) is understood to be the internet per [1]. No further structure/description of the server is provided; as such, this element is given its broadest reasonable interpretation as a general purpose server computer functioning in its ordinary capacity.
Regarding the various units (e.g., body fluid analysis unit, body fluid state determination unit, health management information generation unit), the specification discloses at [61] that these are units included in server 100; see also Fig. 2. No structural description of the actual individual units are provided. Therefore, the units are given the broadest reasonable interpretation as software/hardware components installed and executing on a general purpose computer server functioning in its ordinary capacity.
Regarding the user terminal and clinic terminal, para. [57] discloses that the user terminal may be a smartphone or a computer and para. [138] discloses that a clinic administrator’s terminal may be a “smartphone or computer” and a clinic terminal may be a “computer or server”. No further structure/description of these computing terminals is provided; as such, this element is given its broadest reasonable interpretation as a general purpose computing element functioning in its ordinary capacity.
B. Insignificant extra-solution activity
The independent claims additionally recite:
an interface unit as implementing the step of performing communication with a clinic terminal in communication with a clinic sperm measurement apparatus and a user terminal in communication with a personal sperm measurement apparatus
This element only amounts to insignificant extra-solution activity. As stated in MPEP 2106.05(g), "[t]he 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." In the present claim, the functions of communicating with a clinic terminal and a user terminal are only nominally or tangentially related to the processes of analyzing sperm data to asses state information, providing the state information to a user and clinic administrator, determining a final state of sperm based on the assessed sperm, and generating health management information for the user, and accordingly constitutes insignificant extra-solution activity.
The independent claims additionally recite:
store each user's clinic sperm data and personal sperm data (by a measurement data storage unit)
store the health management information provided to each user (by a health management information storage unit)
store the state information of sperm transmitted from the clinic terminal (by a state information storage unit)
store the clinic sperm data and personal sperm data received through the interface unit (by a body fluid state determination unit)
storing, by the body fluid management server, received clinic sperm data or received personal sperm data
These elements only amounts to insignificant extra-solution activity. As stated in MPEP 2106.05(g), "[t]he 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." In the present claim, the various functions of storing different types of data (e.g., personal sperm data, clinic sperm data, health management information provided to the user, etc.) are only tangentially related to the respective abstract idea of each claim, e.g., with respect to Claim 1, the functions of store each user's clinic sperm data and personal sperm data, store the health management information provided to each user, store the state information of sperm transmitted from the clinic terminal, store the clinic sperm data and personal sperm data received through the interface unit are only nominally or tangentially related to the abstract idea of analyzing sperm data to asses state information, providing the state information to a user and clinic administrator, determining a final state of sperm based on the assessed sperm, and generating health management information for the user, and accordingly constitutes insignificant extra-solution activity.
These elements are therefore not sufficient to integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually.
The above claims, as a whole, are therefore directed to an abstract idea.
Step 2B
The present claims do not include additional elements that are sufficient to amount to
more than the abstract idea because the additional elements or combination of elements amount to no more than a recitation of:
A. Instructions to Implement the Judicial Exception. MPEP 2106.05(f)
As explained above, claims 1, 8, 9, and 16 only recite the aforementioned computing elements as tools for performing the steps of the abstract idea, and mere instructions to perform the abstract idea using a computer is not sufficient to amount to significantly more than the abstract idea. MPEP 2106.05(f).
Thus, taken alone, the additional elements do not amount to significantly more than the
above-identified judicial exception. Looking at the limitations as an ordered combination adds
nothing that is not already present when looking at the elements taken individually. Their
collective functions merely provide conventional computer implementation.
B. Insignificant Extra-Solution Activity. MPEP 2106.05(g)
Likewise, as explained above, the elements of an interface unit as implementing the step of perform communication interface with a clinic terminal in communication with a clinic sperm measurement apparatus and a user terminal in communication with a personal sperm measurement apparatus; store each user's clinic sperm data and personal sperm data; store the health management information provided to each user; store the state information of sperm transmitted from the clinic terminal; store the clinic sperm data and personal sperm data received through the interface unit; storing, by the body fluid management server, received clinic sperm data or received personal sperm data, only amount to insignificant extra-solution activity of the abstract idea.
C. Well-Understood, Routine and Conventional Activities. MPEP 2106.05(d)
In addition to amounting to insignificant extra-solution activity the elements in Section B above constitute well-understood, routine and conventional activity:
The step of communicating with a clinic terminal and a user terminal only amounts to receiving or transmitting data over a network, which has been previously held to be well-understood, routine and conventional activity when claimed at a high level of generality or as insignificant extra-solution activity. See MPEP 2106.05(d)(II).
The steps of store each user's clinic sperm data and personal sperm data, store the health management information provided to each user, store the state information of sperm transmitted from the clinic terminal, store the clinic sperm data and personal sperm data received through the interface unit, storing, by the body fluid management server, received clinic sperm data or received personal sperm data only amount to storing/retrieving data in memory, which has been held to be well-understood, routine and conventional activity when claimed at a high level of generality or as insignificant extra-solution activity. See MPEP 2106.05(d)(II).
Thus, taken alone, the additional elements do not amount to significantly more than the
above-identified judicial exception. Looking at the limitations as an ordered combination adds
nothing that is not already present when looking at the elements taken individually. Their
collective functions merely provide conventional computer implementation.
Depending Claims
Dependent claims recite additional subject matter which further narrows or defines the abstract idea embodied in the claims:
Claims 2 and 10 recite limitations pertaining to analyzing image data to assess state information of sperm, and assess final state information by averaging the determined state information of sperm in respective measurement images, which is also certain methods of organizing human activity including managing personal behaviors, as a healthcare provider could perform image analysis and assessment of final state information by averaging information, e.g., this only amounts to data analysis and calculations. This is not sufficient to integrate the judicial exception into a practical application or amount to significantly more than the abstract idea.
Claims 3 and 11 recite limitations pertaining to receiving biometric information of the user and determining a final state based on the sperm state information and the biometric information of the user, which is also certain methods of organizing human activity including managing personal behaviors, as a healthcare provider could receive biometric information of a user and use the biometric information along with sperm state information to determine a final state, e.g., this only amounts to receiving data and performing making a determination. This is not sufficient to integrate the judicial exception into a practical application or amount to significantly more than the abstract idea.
Claims 4 and 12 recite limitations pertaining to generating a block by encrypting the clinic sperm data and the personal sperm data and transmitting the generated block to each blockchain node of a blockchain associated with the user to share information, which only amounts to mere instructions to apply the abstract idea using computers, e.g., using a blockchain to record and store data electronically and to electronically sharing information via a blockchain. The specification does not describe any particulars or inventive features of the blockchain; as such it is interpreted as a blockchain implemented on the general purpose server/user terminals. This is not sufficient to integrate the judicial exception into a practical application or amount to significantly more than the abstract idea.
Claims 5 and 13 recite limitations pertaining to inquiring the user about personal information regarding at least one of an existing disease, a dietary habit, an alcohol consumption status, and a smoking status, receive a response from the user, and assess the user's characteristics based on the received personal information, and in response to receiving a request from an external organization or company for sperm data exhibiting a specific individual's characteristics, retrieve the data exhibiting the specific individual's characteristics based on the characteristics and provide the retrieved data to the external organization or company, which is also certain methods of organizing human activity including managing personal behaviors, as a healthcare provider could as a user for personal information such as dietary habit, alcohol consumption or smoking status, and subsequently provide this information to an external organization who is requesting sperm data exhibiting the specific individual’s characteristics based on the personal information, e.g., this only amounts to asking for information and providing the data to a requesting party. This is not sufficient to integrate the judicial exception into a practical application or amount to significantly more than the abstract idea.
Claims 6 and 14 recite limitations pertaining to providing a reward to a user who has provided the personal sperm data or a user who owns the sperm data provided to the external organization or company, which is also certain methods of organizing human activity including managing personal behaviors, as personnel working for a healthcare organization or external company/organization (e.g., a research institution) could provide a reward to a user for sharing their personal sperm data. This is not sufficient to integrate the judicial exception into a practical application or amount to significantly more than the abstract idea.
Claims 7 and 15 recite limitations pertaining to suggesting insurance enrollment or claim to a user when the sperm state determined has changed from the care state to the normal state, from the care state to the abnormal state, or when a level of the care state decreases or increases to a set level, and provide an insurance company with information on the user's sperm state when receiving a positive response from the user, which is also certain methods of organizing human activity including managing personal behaviors, as a healthcare provider could as suggest an insurance enrollment/claim when a user’s sperm state or care state changes, and subsequently provide the user’s sperm state information to the insurance company when a positive response from the user is received, e.g., this only amounts to making a recommendation to a user when particular conditions are met and facilitating sharing of information between parties. This is not sufficient to integrate the judicial exception into a practical application or amount to significantly more than the abstract idea.
The dependent claims have been given the full two-part analysis including analyzing the additional limitations both individually and in combination. The dependent claims, when analyzed individually, and in combination, are also held to be patent ineligible under 35 U.S.C. 101 as they include all of the limitations of claim 1 or claim 9 respectively. The additional recited limitations of the dependent claims fail to establish that the claims do not recite an abstract idea because the additional recited limitations of the dependent claims merely further narrow the abstract idea. Beyond the limitations which recite the abstract idea, the claims recite additional elements consistent with those identified above with respect to the independent claims which encompass 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 MPEP 2106.05(f). Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
Dependent claims 2-7, 10-15 recite additional subject matter which amounts to additional elements consistent with those identified in the analysis of Claims 1, 8, 9, 15 above. As discussed above with respect to Claims 1, 8, 9, 15 and integration of the abstract idea into a practical application, recitation of these additional elements (user terminal, various “units”, e.g., the user information assessment unit of Claim 4, the insurance linkage unit of Claim 7, etc.) only amounts to invoking computers as a tool to perform the abstract idea. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation.
Dependent claims 2-7, 10-15, when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. 101 because the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea without significantly more. These claims fail to remedy the deficiencies of their parent claims above, and are therefore rejected for at least the same rationale as applied to their parent claims above, and incorporated herein.
For the reasons stated, Claims 1-16 fail the Subject Matter Eligibility Test and are consequently rejected under 35 U.S.C. 101.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 1, 3, 8, 9, 11, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sano (US Publication 20170319184A1) in view of Andersen et. al. (US Publication 20200282402A1).
Regarding Claim 1, Sano discloses:
A body fluid management server comprising: an interface unit configured to perform communication with an interface of a clinic terminal in communication with a clinic [health] measurement apparatus ([0058] teaches on a server 1 (“body fluid management server” which may be connected to terminal 4 of the medical institution via communication network 9; interpreted as an interface unit configured to communicate with the terminal 4 which may a computer like terminal 2 per [0066], and as such is interpreted as having an interface for communication, e.g., a “communication unit” per [0061]) and a user terminal in communication with a personal [health] measurement apparatus (See Fig. 1; [0058] teaches on a server by a service provider (“body fluid management server”; terminal 2 of a patient and medical device 3; patient owns both terminal 2 and medical device 3; User terminal 2 is in communication with medical device 3 which has a sensor and collects biological data of the user, in this instance, temperature; terminal 2 is in communication with server 1 via communication network 9; [0066] teaches on user terminal 2 having a “communication unit”);
a body fluid analysis unit configured to assess state information of sperm by analyzing clinic sperm data and personal sperm data received via the interface unit, and provide state information regarding the personal sperm data to the user terminal and the clinic terminal for monitoring by the user and a clinic administrator ([0054] teaches on examination including a “semen examination”; [0419] teaches on using examination results to provide recommendations and gives the example of, “when the examination results indicate that the state of…the sperm is not good”, advice may be provided to the user; therefore Examiner is interpreting a “semen examination” to provide sperm data as examination results indicate the state of sperm (e.g., “not good”), and as such is interpreting the applied reference to teach on the concept of assessing “state information of sperm” and providing “State information regarding sperm data”; [0066] teaches on terminal 4 (clinic terminal) being a medical/examination device at a medical institution; the examination result data can be output from terminal 4 and communicated to terminal 2 – interpreted as clinic data; [0058] teaches on a server by a service provider (“body fluid management server”; terminal 2 of a patient and medical device 3; patient owns both terminal 2 and medical device 3; User terminal 2 is in communication with medical device 3 which has a sensor and collects biological data of the user – personal sperm data; [0067] teaches on the service unit (part of server 1) having “health data management unit 13” which is interpreted as “body fluid analysis unit” which assesses state information; [0071] teaches on health data management unit 13 performing processing of health data received via terminal 2 (user terminal); per [0066] which teaches on the terminal 4 (clinic terminal) providing examination result data to terminal 2, it is interpreted as assessing sperm state by analyzing both clinical sperm data and personal sperm data; examination result data are interpreted as “state information” regarding the personal sperm data; [0104] teaches on providing data and information of the user (interpreted as the user’s sperm data) to the user via terminal 2; [0105] teaches on providing examination results to the provider via communication network 9);
a body fluid state determination unit configured to determine a final state of the sperm of the user based on the state information of the sperm assessed by the body fluid analysis unit ([0074] teaches on an analysis unit, interpreted as “body fluid state determination unit”; the analysis unit performs processing for various types of tendency analysis of the user’s health data, examination result data, and stores the result information; [0074] further teaches on analysis unit 16 (interpreted as body fluid state determination unit) performing processing for the user’s health data 53 which includes body temperature (biometric information) and examination result data 54 (per [0137], this may include “semen examination”; per [0419] “examination results” may indicate sperm state); [0116]-[0117] teach on (S7) using health data including health data 53 (includes body temperature, biometric) and (S8) examination results data 54 (e.g., semen examination results), and [0122] teaches on the analysis unit determining an output for the health state of each user based on the analysis information including the results of steps S7 and S8); the analysis unit determines an output message appropriate for “the health state of each user” based on the analysis information – interpreted as “final state” as both the exam data and biometric data are used);
a health management information generation unit configured to generate health management information suitable for the user in accordance with a level of a care state from among the final state determined by the body fluid state determination unit ([0075] teaches on, based on analysis information, the “message output unit 17” (interpreted as ‘health management information generation unit”) performs processing for outputting information, which includes a message appropriate for the health state of the user on the screen of user terminal; [0095] teaches on outputting a message which may include “general medical knowledge, the latest information, tendency analysis result information, extracted actions, action tendency, life advice, disease risk warning information based on the check results, consultation recommendation for treatment, examination, hospitals, and the like, for example”, which are interpreted as “health management information suitable for the user…” based on the determination of the final state);
a measurement data storage unit configured to store each user's clinic sperm data and personal sperm data ([0066] teaches on a doctor of a medical institution/examination institution using terminal 4, which may be a medical device, in which data may be automatically transferred from the device; [0060] teaches on server having database (DB) 50 which stores data and information for the service; [0067] teaches on DB50 storing user attribute information, medical examination information, examination result data, health data, analysis information, etc. – interpreted as “measurement data store” – see Fig. 1, DB 50 includes “health data 53”; “examination result data 54”; as discussed above, per paras. [0054], [0419], the examination results are understood to pertain to sperm state); and
a health management information storage unit configured to store the health management information provided to each user ([0122] teaches on message output unit displaying the message (see above limitation pertaining to health management information generation unit); the message output unit displays information including the message on the screen to user via terminal 2; the message output unit stores the output message as a history in the “output message information 57” (interpreted as health management information storage unit) – see Fig. 1; Under DB 50, box 57 shows “output message information”).
Sano does not explicitly disclose a sperm measurement apparatus, however, this element is taught by Andersen, which is directed to a testing device and method for testing a semen sample: (Andersen at [0005], broadly teaches on the concept of a device for testing the quality of a biological sample, preferably semen, in operation with an electronic apparatus; paras. [0006]-[0010] and [0025]-[0029] teach on the structure of testing device; per [0058] the electronic apparatus it communicates with may be a smartphone, tablet or computer); para. [0109] teaches on measured “sperm concentration” in a sample which is interpreted as indicating that the testing device is also a “measurement apparatus” as it can determine sperm concentration, e.g., a quantified measurement).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Sano with these teachings of Andersen, to specifically use the sperm measurement apparatus of Andersen as the personal and clinic measurement apparatus of Sano, with the motivation of testing and monitoring trends in semen quality (Andersen [0003] and with regard to the personal apparatus, enabling users to perform sperm testing at home because depositing semen outside the user’s home may be inconvenient, uncomfortable or embarrassing, and allowing this step to be performed at home resolves the associated practical and psychological issues (Andersen [0002]).
Regarding Claim 3, Sano/Andersen teach the limitations of Claim 1. Sano further discloses: wherein when the interface unit is configured to receive biometric information of the user from the user terminal ([0064] teaches on medical device 3 having a sensor function such as a thermometer to measure basal body temperature – interpreted as “biometric information”; medical device 3 communicates the body temperature data to terminal 2), the body fluid state determination unit is configured to determine a final state based on the sperm state information assessed by the body fluid analysis unit and the biometric information of the user ([0074] teaches on analysis unit 16 (interpreted as body fluid state determination unit) performing processing for the user’s health data 53 which includes body temperature (biometric information) and examination result data 54 (per [0137], this may include “semen examination”; per [0419] “examination results” may indicate sperm state); [0116]-[0117] teach on (S7) using health data including health data 53 (includes body temperature, biometric) and (S8) examination results data 54 (e.g., semen examination results), and [0122] teaches on the analysis unit determining an output for the health state of each user based on the analysis information including the results of steps S7 and S8); the analysis unit determines an output message appropriate for “the health state of each user” based on the analysis information – interpreted as “final state” as both the exam data and biometric data are used).
Regarding Claim 8, Sano discloses:
A body fluid management server comprising: an interface unit configured to perform communication with an interface of a clinic terminal in communication with a clinic sperm [health] measurement apparatus ([0058] teaches on a server 1 (“body fluid management server” which may be connected to terminal 4 of the medical institution via communication network 9; interpreted as an interface unit configured to communicate with the terminal 4 which may a computer like terminal 2 per [0066], and as such is interpreted as having an interface for communication, e.g., a “communication unit” per [0061]) and a user terminal in communication with a personal [health] measurement apparatus (See Fig. 1; [0058] teaches on a server by a service provider (“body fluid management server”); terminal 2 of a patient and medical device 3; patient owns both terminal 2 and medical device 3; User terminal 2 is in communication with medical device 3 which collects biological data of the user, in this instance, temperature; terminal 2 is in communication with server 1 via communication network 9; [0066] teaches on user terminal 2 having a “communication unit”); a data identification unit configured to identify a type of data received through the interface unit and a user for the data ([0070] teaches on medical information setting unit (interpreted as data identification unit) which performs processing, including medical examination information 52; [0155] teaches on medical examination information 52 including examination type, where [0137] teaches the examination type may be blood test, ultra sound, “semen examination”) and provide the data to the clinic terminal when the received data is personal sperm data (per [0066] which teaches on the terminal 4 (clinic terminal) providing examination result data to terminal 2, it is interpreted as providing the data when the data is personal sperm data per [0137] as cited above; [0104] teaches on providing data and information of the user (interpreted as the user’s sperm data) to the user via terminal 2; [0105] teaches on providing examination results to the provider (“clinic terminal”) via communication network 9); a body fluid state determination unit configured to store the clinic sperm data and personal sperm data received through the interface unit ([0074] teaches on the analysis unit storing result information in the analysis information), and analyze state information of sperm received from the clinic terminal through the interface unit to assess a final sperm state of a user ([0074] teaches on an analysis unit, interpreted as “body fluid state determination unit”; the analysis unit performs processing for various types of tendency analysis of the user’s health data, examination result data, and stores the result information; [0074] further teaches on analysis unit 16 (interpreted as body fluid state determination unit) performing processing for the user’s health data 53 which includes body temperature (biometric information) and examination result data 54 (per [0137], this may include “semen examination”; per [0419] “examination results” may indicate sperm state); [0116]-[0117] teach on (S7) using health data including health data 53 (includes body temperature, biometric) and (S8) examination results data 54 (e.g., semen examination results), and [0122] teaches on the analysis unit determining an output for the health state of each user based on the analysis information including the results of steps S7 and S8); the analysis unit determines an output message appropriate for “the health state of each user” based on the analysis information – interpreted as “final state” as both the exam data and biometric data are used)); a health management information generation unit configured to provide a user whose sperm is in a care state with health management information based on an analysis result from the state information analysis unit ([0075] teaches on, based on analysis information, the “message output unit 17” (interpreted as ‘health management information generation unit”) performs processing for outputting information, which includes a message appropriate for the health state of the user on the screen of user terminal; [0095] teaches on outputting a message which may include “general medical knowledge, the latest information, tendency analysis result information, extracted actions, action tendency, life advice, disease risk warning information based on the check results, consultation recommendation for treatment, examination, hospitals, and the like, for example”, which are interpreted as “health management information suitable for the user…” based on the determination of the final state); a measurement data storage unit configured to store each user's clinic sperm data and personal sperm data ([0066] teaches on a doctor of a medical institution/examination institution using terminal 4, which may be a medical device, in which data may be automatically transferred from the device; [0060] teaches on server having database (DB) 50 which stores data and information for the service; [0067] teaches on DB50 storing user attribute information, medical examination information, examination result data, health data, analysis information, etc. – interpreted as “measurement data store” – see Fig. 1, DB 50 includes “health data 53”; “examination result data 54”; as discussed above, per paras. [0054], [0419], the examination results are understood to pertain to sperm state); a health management information storage unit configured to store the health management information provided to each user ([0122] teaches on message output unit displaying the message (see above limitation pertaining to health management information generation unit); the message output unit displays information including the message on the screen to user via terminal 2; the message output unit stores the output message as a history in the “output message information 57” (interpreted as health management information storage unit) – see Fig. 1; Under DB 50, box 57 shows “output message information”); and a state information storage unit configured to store the state information of sperm, transmitted from the clinic terminal ([0066] teaches on a doctor of a medical institution/examination institution using terminal 4 (clinic terminal), which may be a medical device, in which data may be automatically transferred from the device; [0060] teaches on server having database (DB) 50 which stores data and information for the service; [0067] teaches on DB50 storing user attribute information, medical examination information, examination result data, health data, analysis information, etc. – interpreted as “state information storage unit” – see Fig. 1, “examination result data 54”; as discussed above, per paras. [0054], [0419], the examination results are understood to pertain to sperm state).
Sano does not explicitly disclose a sperm measurement apparatus, however, this element is taught by Andersen, which is directed to a testing device and method for testing a semen sample: (Andersen at [0005], broadly teaches on the concept of a device for testing the quality of a biological sample, preferably semen, in operation with an electronic apparatus; paras. [0006]-[0010] and [0025]-[0029] teach on the structure of testing device; per [0058] the electronic apparatus it communicates with may be a smartphone, tablet or computer); para. [0109] teaches on measured “sperm concentration” in a sample which is interpreted as indicating that the testing device is also a “measurement apparatus” as it can determine sperm concentration, e.g., a quantified measurement).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Sano with these teachings of Andersen, to specifically use the sperm measurement apparatus of Andersen as the personal and clinic measurement apparatus of Sano, with the motivation of testing and monitoring trends in semen quality (Andersen [0003] and with regard to the personal apparatus, enabling users to perform sperm testing at home because depositing semen outside the user’s home may be inconvenient, uncomfortable or embarrassing, and allowing this step to be performed at home resolves the associated practical and psychological issues (Andersen [0002]).
Regarding Claim 9, Sano discloses: a health management method performed through a body fluid management server which is connected to a user terminal in communication with a personal measurement apparatus (See Fig. 1; [0058] teaches on a server by a service provider (“body fluid management server”; terminal 2 of a patient and medical device 3; patient owns both terminal 2 and medical device 3; User terminal 2 is in communication with medical device 3 which collects biological data of the user, in this instance, temperature; terminal 2 is in communication with server 1 via communication network 9); and a clinic terminal in communication with a clinic measurement apparatus ([0058] teaches on a server 1 (“body fluid management server” which may be connected to terminal 4 of the medical institution via communication network 9) to manage a health status , ([0001] teaches on teaching on maintaining/improving health states of a patient) the method comprising:
analyzing, by the body fluid management server, received clinic sperm data to assess first state information of sperm ([0054] teaches on examination including a “semen examination”; [0419] teaches on using examination results to provide recommendations and gives the example of, “when the examination results indicate that the state of…the sperm is not good”, advice may be provided to the user; therefore Examiner is interpreting a “semen examination” to provide sperm data as examination results indicate the state of sperm (e.g., “not good”), and as such is interpreting the applied reference to teach on the concept of assessing “state information of sperm” and providing “State information regarding sperm data”; [0066] teaches on terminal 4 (clinic terminal) being a medical/examination device at a medical institution; the examination result data can be output from terminal 4 and communicated to terminal 2; [0067] teaches on the service unit (part of server 1) having “health data management unit 13” which assesses state information; [0071] teaches on health data management unit 13 performing processing of health data received via terminal 2 (user terminal); per [0066] which teaches on the terminal 4 (clinic terminal) providing examination result data to terminal 2, it is interpreted as assessing sperm state by analyzing both clinical sperm data and personal sperm data as data from terminal 4 can be transmitted to terminal 2 and data from terminal 2 is submitted to the server; examination result data are interpreted as “state information” regarding the personal sperm data);
assessing, by the body fluid management server, a final state of a user's sperm based on the first state information ([0074] teaches on an analysis unit, interpreted as “body fluid state determination unit”; the analysis unit performs processing for various types of tendency analysis of the user’s health data, examination result data, and stores the result information; [0074] further teaches on analysis unit 16 (interpreted as body fluid state determination unit) performing processing for the user’s health data 53 which includes body temperature (biometric information) and examination result data 54 (per [0137], this may include “semen examination”; per [0419] “examination results” may indicate sperm state); [0116]-[0117] teach on (S7) using health data including health data 53 (includes body temperature, biometric) and (S8) examination results data 54 (e.g., semen examination results), and [0122] teaches on the analysis unit determining an output for the health state of each user based on the analysis information including the results of steps S7 and S8); the analysis unit determines an output message appropriate for “the health state of each user” based on the analysis information – interpreted as “final state” as both the exam data and biometric data are used);
providing, by the body fluid management server, health management information corresponding to the final state to the user terminal and the clinic terminal ([0104] teaches on providing data and information of the user (interpreted as the user’s final state sperm data) to the user via terminal 2; [0105] teaches on providing examination results (final state sperm data) to the provider (interpreted as clinic terminal) via communication network 9);
analyzing, by the body fluid management server, received personal sperm data to assess second state information of the sperm ([0054] teaches on examination including a “semen examination”; [0419] teaches on using examination results to provide recommendations and gives the example of, “when the examination results indicate that the state of…the sperm is not good”, advice may be provided to the user; therefore Examiner is interpreting a “semen examination” to provide sperm data as examination results indicate the state of sperm (e.g., “not good”), and as such is interpreting the applied reference to teach on the concept of assessing “state information of sperm” and providing “State information regarding sperm data”; [0064] teaches on the medical device outputting a physiological measurement to terminal 2 (user terminal); [0067] teaches on the service unit (part of server 1) having “health data management unit 13” which assesses state information; [0071] teaches on health data management unit 13 performing processing of health data received via terminal 2 (user terminal) – interpreted as personal” sperm data); and
providing, by the body fluid management server, the second state information to the user terminal and the clinic terminal so that the user and a clinic administrator monitor the second state information ([0104] teaches on providing data and information of the user (interpreted as the user’s sperm data) to the user via terminal 2; [0105] teaches on providing examination results to the provider via communication network 9).
Sano does not explicitly disclose a sperm measurement apparatus, however, this element is taught by Andersen, which is directed to a testing device and method for testing a semen sample: (Andersen at [0005], broadly teaches on the concept of a device for testing the quality of a biological sample, preferably semen, in operation with an electronic apparatus; paras. [0006]-[0010] and [0025]-[0029] teach on the structure of testing device; per [0058] the electronic apparatus it communicates with may be a smartphone, tablet or computer); para. [0109] teaches on measured “sperm concentration” in a sample which is interpreted as indicating that the testing device is also a “measurement apparatus” as it can determine sperm concentration, e.g., a quantified measurement).
Anderson further teaches: a health status of sperm ([0001] teaches on a device and method for improving sperm quality, interpreted as a “health status” of sperm).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Sano with these teachings of Andersen, to specifically use the sperm measurement apparatus of Andersen as the personal and clinic measurement apparatus of Sano, with the motivation of testing and monitoring trends in semen quality (Andersen [0003] and with regard to the personal apparatus, enabling users to perform sperm testing at home because depositing semen outside the user’s home may be inconvenient, uncomfortable or embarrassing, and allowing this step to be performed at home resolves the associated practical and psychological issues (Andersen [0002]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Sano with these teachings of Andersen, to manage a health status of sperm, with the motivation of providing lifestyle recommendations for improving based on the current sperm analysis (Andersen [0086]).
Regarding Claim 11, Sano/Andersen teach the limitations of Claim 3. Claim 11 recites limitations that are the same or substantially similar to Claim 3, and the discussion above with respect to Claim 3 is equally applicable to Claim 11.
Regarding Claim 16, Sano discloses: a health management method performed through a body fluid management server which is connected to a user terminal in communication with a personal measurement apparatus (See Fig. 1; [0058] teaches on a server by a service provider (“body fluid management server”; terminal 2 of a patient and medical device 3; patient owns both terminal 2 and medical device 3 User terminal 2 is in communication with medical device 3 which collects biological data of the user, in this instance, temperature; terminal 2 is in communication with server 1 via communication network 9); and a clinic terminal in communication with a clinic measurement apparatus ([0058] teaches on a server 1 (“body fluid management server” which may be connected to terminal 4 of the medical institution via communication network 9) to manage a health status , ([0001] teaches on teaching on maintaining/improving health states of a patient) the method comprising:
storing, by the body fluid management server, received clinic sperm data or received personal sperm data ([0054] teaches on examination including a “semen examination”; [0419] teaches on using examination results to provide recommendations and gives the example of, “when the examination results indicate that the state of…the sperm is not good”, advice may be provided to the user; therefore Examiner is interpreting a “semen examination” to provide “sperm data”; [0066] teaches on a doctor of a medical institution/examination institution using terminal 4, which may be a medical device, in which data may be automatically transferred from the device; [0060] teaches on server having database (DB) 50 which stores data and information for the service; [0067] teaches on DB50 storing user attribute information, medical examination information, examination result data, health data, analysis information, etc. – interpreted as “measurement data store” – see Fig. 1, DB 50 includes “health data 53”; “examination result data 54”);
analyzing, by the body fluid management server, sperm state information regarding the received clinic sperm data to assess the final state of a user's sperm ([0054] teaches on examination including a “semen examination”; [0419] teaches on using examination results to provide recommendations and gives the example of, “when the examination results indicate that the state of…the sperm is not good”, advice may be provided to the user; therefore Examiner is interpreting a “semen examination” to provide sperm data as examination results indicate the state of sperm (e.g., “not good”), and as such is interpreting the applied reference to teach on the concept of assessing “state information of sperm” and providing “State information regarding sperm data”; [0066] teaches on terminal 4 (clinic terminal) being a medical/examination device at a medical institution; the examination result data can be output from terminal 4 and communicated to terminal 2; [0067] teaches on the service unit (part of server 1) having “health data management unit 13” which assesses state information; [0071] teaches on health data management unit 13 performing processing of health data received via terminal 2 (user terminal); per [0066] which teaches on the terminal 4 (clinic terminal) providing examination result data to terminal 2, it is interpreted as assessing sperm state by analyzing both clinical sperm data and personal sperm data as data from terminal 4 can be transmitted to terminal 2 and data from terminal 2 is submitted to the server; examination result data are interpreted as “state information” regarding the personal sperm data);
providing, by the body fluid management server, health management information corresponding to the final state to the user terminal and the clinic terminal ([0075] teaches on, based on analysis information, the “message output unit 17” performs processing for outputting information, which includes a message appropriate for the health state of the user on the screen of user terminal; [0095] teaches on outputting a message which may include “general medical knowledge, the latest information, tendency analysis result information, extracted actions, action tendency, life advice, disease risk warning information based on the check results, consultation recommendation for treatment, examination, hospitals, and the like, for example”, which are interpreted as “health management information corresponding to the final state”; [0104] teaches on providing data and information of the user (interpreted as the user’s final state sperm data) to the user via terminal 2; [0105] teaches on providing examination results (final state sperm data) to the provider (interpreted as clinic terminal) via communication network 9); and
in response to receiving personal sperm data, providing, by the body fluid management server, the personal sperm data to the clinic terminal so that a clinic administrator monitors the personal sperm data ([0067] teaches on the service unit (part of server 1) which assesses state information; [0071] teaches on health data management unit 13 performing processing of health data received via terminal 2 (user terminal); examination result data are interpreted as “state information” regarding the personal sperm data (semen examination per [0137]); [0105] teaches on providing examination results (interpreted as the user’s sperm data per [0137]) to the provider via communication network 9).
Sano does not explicitly disclose a sperm measurement apparatus, however, this element is taught by Andersen, which is directed to a testing device and method for testing a semen sample: (Andersen at [0005], broadly teaches on the concept of a device for testing the quality of a biological sample, preferably semen, in operation with an electronic apparatus; paras. [0006]-[0010] and [0025]-[0029] teach on the structure of testing device; per [0058] the electronic apparatus it communicates with may be a smartphone, tablet or computer); para. [0109] teaches on measured “sperm concentration” in a sample which is interpreted as indicating that the testing device is also a “measurement apparatus” as it can determine sperm concentration, e.g., a quantified measurement).
Anderson further teaches: a health status of sperm ([0001] teaches on a device and method for improving sperm quality, interpreted as a “health status” of sperm).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Sano with these teachings of Andersen, to specifically use the sperm measurement apparatus of Andersen as the personal and clinic measurement apparatus of Sano, with the motivation of testing and monitoring trends in semen quality (Andersen [0003] and with regard to the personal apparatus, enabling users to perform sperm testing at home because depositing semen outside the user’s home may be inconvenient, uncomfortable or embarrassing, and allowing this step to be performed at home resolves the associated practical and psychological issues (Andersen [0002]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Sano with these teachings of Andersen, to manage a health status of sperm, with the motivation of providing lifestyle recommendations for improving based on the current sperm analysis (Andersen [0086]).
Claim(s) 2 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sano (US Publication 20170319184A1) in view of Andersen et. al. (US Publication 20200282402A1) as applied to Claims 1 and 9 respectively above, and further in view of Dewan et. al. (US Publication 20200205790A1).
Regarding Claim 2, Sano/Andersen teach the limitations of Claim 1. Sano further discloses: wherein the body fluid analysis unit is configured to analyze the clinic sperm data to assess state information of sperm ([0067] teaches on the service unit (part of server 1) having “health data management unit 13” which is interpreted as “body fluid analysis unit” which assesses state information; [0054] teaches on examination including a “semen examination”; [0419] teaches on using examination results to provide recommendations and gives the example of, “when the examination results indicate that the state of…the sperm is not good”, advice may be provided to the user; therefore Examiner is interpreting a “semen examination” to provide sperm data as examination results indicate the state of sperm (e.g., “not good”), and as such is interpreting the applied reference to teach on the concept of analyzing clinic sperm data to assess “state information of sperm”).
Sano does not disclose, but Andersen further teaches:
analyze each of a plurality of measurement images included in the clinic sperm data to assess state information of sperm in the respective measurement images ([0047]-[0052] teaches on a method of testing semen quality, including “recording a video” with the camera of the electronic apparatus (e.g., user terminal) identifying a plurality of biological cells in the recorded video; determining a location of first biological cell in a first frame of video; identifying the first biological cell in second frame – analyzing more than one frame from a video is interpreted as “plurality of measurement images”); and assess final state information [using] the determined state information of sperm in the respective measurement images ([0047]-[0052] teach on analyzing more than one video frame, interpreted as respective images, as discussed in preceding paragraph; [0053] teaches on “returning the detected motility and/or concentration of the plurality of biological cells in the biological sample” which is interpreted as “assessing final state information”
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify Sano/Andersen with these teachings of Andersen, to analyze a plurality of measurement images in the clinic sperm data of Sano and to assess a final state using the determined state information of sperm in the respective measurement images, with the motivation of using a plurality of measurement images to measure motility of sperm so that detected sperm cells can be divided into moving and not moving to use the ratio of moving to not moving cells to identify a motility; and to estimate the average number of cells per volume based on number of detected sperm cells in a particular area (Andersen [0056]).
Sano/Andersen do not teach the following, but Dewan, which is directed to determining quality of a semen sample, teaches:
averaging sperm state information in respective measurement images ([0026] teaches on capturing a video of a semen sample and converting the video into a plurality of image frames; [0123] teaches on computing a total sperm concentration estimate by identifying or one or more average object areas in each of a plurality of image frames and scaling the average object areas by ratio of sperm trajectories to total trajectories).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to further modify Sano/Andersen with these teachings of Dewan, to average state information from a plurality of respective measurement images, with the motivation of estimating the total concentration as a linear function of average object areas (Dewan [0123]).
Regarding Claim 10, Sano/Andersen teach the limitations of Claim 2. Claim 10 recites limitations that are the same or substantially similar to Claim 2, and the discussion above with respect to Claim 2 is equally applicable to Claim 10.
Claim(s) 4-7 and 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sano (US Publication 20170319184A1) in view of Andersen et. al. (US Publication 20200282402A1) as applied to Claims 1 and 9 respectively above, and further in view of Wang et. al. (US Publication 20200327250A1).
Regarding Claim 4, Sano/Andersen teach the limitations of Claim 1 but do not teach the following. Wang, which is directed to a system for decentralized ownership and secure sharing of personal health data, teaches: further comprising: a blockchain unit configured to generate a block by encrypting sperm data ([0040] teaches on obtaining health information from a data contributor and utilizing encryption to aid in storing the health information within a memory storage and utilizing a blockchain system to aid in managing the health information; [0042] teaches on using computer code for utilizing the blockchain system which is interpreted as a block chain unit; [0341] teaches on providing information with the aid of a biological fluid such as semen, which is interpreted as providing “sperm data”; [0399] teaches on using one or more encryption schemes when transmitting data to secure computing noes for analysis) and transmit the generated block to each blockchain node of a blockchain associated with the user to share information ([0395] teaches on data contributors encrypting their biomedical data and packaging it; to contribute data to the system, data contributors may store the encrypted data in secure data storage; [0396] teaches on data contributors creating and managing their profiles on the blockchain once they’ve successfully provided encrypted data; e.g., they can generate an “open” sharing status, prepare data share policies and add digital signature, public key and data identifier to contract; data profile contract may contain rules enabling data to be shared with particular entities while restricting access to other entities; [0399] teaches on using encryption techniques when transmitting data to secure computing nodes for analysis).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Sano/Andersen with these teachings of Wang, to use a blockchain unit to encrypt the clinical and personal sperm data (clinical/personal taught by Sano) into a block and transmit the generated block to a blockchain associated with the user to share information, with the motivation of allowing data contributors to share their data while maintaining ownership of the data and preserving privacy (Wang [0338]).
Regarding Claim 5, Sano/Andersen teach the limitations of Claim 1. Sano further discloses further comprising: a user information assessment unit configured to inquire the user about personal information regarding at least one of an existing disease, a dietary habit, an alcohol consumption status, and a smoking status, receive a response from the user, and assess the user's characteristics based on the received personal information ([0069] teaches on using a “user attribute information registration unit” (interpreted as “user information assessment unit”) to provide the user’s terminal with a screen for information registration; the user inputs attribute information to the screen; [0080] teaches on the user attribute information management function being realized by using the user attribute information registration unit and being a function including management of the user attribute information; user attribute information includes “disease” and “diet policy” (interpreted as “dietary habit”); [0135] teaches on a user providing “user attribute information” which may include “drinking alcohol” and “smoking” which are interpreted as “an alcohol consumption status” and “smoking status”; the analysis unit uses the attribute information in the analyses).
Sano does not disclose, but Wang, which is directed to a system for decentralized ownership and secure sharing of personal health data, teaches:
a selection information provision unit configured to, in response to receiving a request from an external organization or company for sperm data exhibiting a specific individual's characteristics, retrieve the data exhibiting the specific individual's characteristics based on the characteristics assessed (Abstract teaches on data miners being pharmaceutical companies, medical laboratories or hospitals who perform research on aggregated contributor data; [0379] data miners may request data from patients having specific genetic conditions or medical conditions such as whether the patients have diseases, or based on characteristics such as diet, exercise level, ethnicity, weight, gender etc.; the system performs matching to find contributor (user) data that adheres to the data miners’ criteria; -the system is interpreted as being the “selection provisioning unit” as it retrieves the appropriate data; [0379] teaches on the data miner using a “user interface” to interact with the system, which is interpreted as the selection information provisioning unit; per [0341] data provided may include information from a biological sample such as semen) and provide the retrieved data to the external organization or company ([0379] teaches on, when results are available, the user interface may inform the data miner; the results may be displayed or provided without and regard to an order of matched criteria, or results may be ranked or provided in an order based on a degree of how well the data matches the criteria – interpreted as teaching that the retrieved matching data has been provided to the external organization, e.g., the data miner).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Sano/Andersen with these teachings of Wang, to allow an external organization to request the sperm data for an individual exhibiting particular characteristics, and provide that individual’s data to the external organization, with the motivation of enabling external organization data miners to request specific data or combinations of data needed for particular research activities (Wang [0379]).
Regarding Claim 6, Sano/Andersen/Wang teach the limitations of claim 5. Wang further discloses further comprising: a reward provision unit configured to provide a reward to a user who has provided the personal sperm data or a user who owns the sperm data provided to the external organization or company through the selective information provision unit ([0041] teaches on one or more software modules (“reward configuring unit”) configured to provide an incentive token to a data contributor for providing their health information; [338] teaches on data miners requesting data from contributors and using blockchain to disburse “rewards” to data contributors; the smart contract includes a number of tokens which are released to the data contributors to be used to pay for healthcare services. [0350], teaching on the system providing “rewards” to data contributors (individuals) for providing their health data; data contributors may be rewarded with tokens they can use to make purchases of goods/services or health services; per [0341] data provided may include information from a biological sample such as semen and as such the user is interpreted as providing “personal sperm data”; [0378] teaches on data miners being research institutions, insurance agencies, clinical institutions, pharmaceutical companies – all interpreted as the external organization/company to whom the user’s personal sperm data is provided.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to further modify Sano/Andersen/Wang with these teachings of Wang, to provide a reward to a user providing their personal sperm data to an external organization, with the motivation of incentivizing data contributors (e.g., individuals/users) to provide their private health data to data miners so that data miners have easier access to data from certain desirable groups, e.g., a pharmaceutical company trying to develop a drug for a particular type of disease; as a larger pool of data becomes available, it is more likely the pharmaceutical company can access a larger data pool that allows the desired type of data to become more available (Wang [0352]).
Regarding Claim 7, Sano/Andersen/Wang teach the limitations of Claim 5. Sano does not disclose, but Wang further teaches:
further comprising: an insurance linkage unit configured to suggest insurance enrollment or claim to a user [based on the contributor’s health information] ([0200] teaches on computer code (interpreted as insurance linkage unit) for permitting an insurance agency to access and analyze health information to provide customized health coverage to the at least one data contributor; [0203] teaches on using the encrypted health information to determine pricing for customized health coverage for the contributor – coverage is interpreted as insurance enrollment suggested to the user), and provide an insurance company with information on the user's sperm state when receiving a positive response from the user ([0198] permitting an insurance agency to access and analyze the health information associated with at least one data contributor; health information is interpreted as pertaining to semen/sperm per [0341]); [0447] teaches on dynamic consent for sharing; users may select one or more data elements for sharing and select which types of data miners they wish to share data with; per [0360], insurance companies may be data miners – Examiner interprets a user selecting which types of data miners they will share with, e.g., if they will share with insurance companies, as receiving a positive response if they indicate insurance companies can access their data).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to further modify Sano/Andersen/Wang with these teachings of Wang, to suggest insurance coverage based on a user’s health data and provide an insurance company with information regarding the user’s sperm state when a positive user response has been received, with the motivation of customizing the coverage based on the patient’s specific health information (Wang [0198] and for giving the data contributor the control over who sees their data and only allow certain entities/types of entities to see their health data (Wang [0452]).
Sano/Wang do not teach, but Andersen further teaches:
when the sperm state determined by the body fluid state determination unit has changed from the care state to the normal state, from the care state to the abnormal state, or when a level of the care state decreases or increases to a set level ([0003] teaches on monitoring a user’s trends in semen quality; [0075]-[0076] teach on inputting physical health and lifestyle information, subsequently, [0078-[0079] teach on deriving and returning the lifestyle recommendation to the user; [0080] teaches on the user being able to implement and test lifestyle recommendations – interpreted as a level of care increasing to a set level, e.g., the level as recommended by the lifestyle recommendations).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to further modify Sano/Andersen/Wang with these teachings of Andersen, to determine when a level of care state increases to a set level (e.g., a user has implemented the provided lifestyle recommendations) to use as the specific type of health information used as the basis for insurance coverage (enrollment) as taught by Wang, with the motivation of tracking sperm quality over time and identifying where beneficial lifestyle changes that improve sperm quality (Andersen [0090]).
Regarding Claim 12, Sano/Andersen/Wang teach the limitations of Claim 4. Claim 12 recites limitations that are the same or substantially similar to Claim 4, and the discussion above with respect to Claim 4 is equally applicable to Claim 12.
Regarding Claim 13, Sano/Andersen/Wang teach the limitations of Claim 5. Claim 13 recites limitations that are the same or substantially similar to Claim 5, and the discussion above with respect to Claim 5 is equally applicable to Claim 13.
Regarding Claim 14, Sano/Andersen/Wang teach the limitations of Claim 6. Claim 14 recites limitations that are the same or substantially similar to Claim 6, and the discussion above with respect to Claim 6 is equally applicable to Claim 14.
Regarding Claim 15, Sano/Andersen/Wang teach the limitations of Claim 9. Claim 15 recites limitations that are the same or substantially similar to Claim 9, and the discussion above with respect to Claim 9 is equally applicable to Claim 15.
Conclusion
Examiner respectfully requests that Applicant provides citations to relevant paragraphs of specification for support for amendments in future correspondence.
The following relevant prior art not cited is made of record:
US Publication 20190369110A1, teaching on improving fertility of sperm samples in artificial insemination
US Publication 20210063381A1, teaching on methods for screening sperm and determining sperm quality for assisted reproduction
US Publication 20220051788A1, teaching on automation of quality control and automation management for an in vitro fertilization laboratory
US Publication 20150154646A1, teaching on a personal data market place for users to securely store, share and sell their private healthcare/medical/biomedical data
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/ANNE-MARIE K ALDERSON/Primary Examiner, Art Unit 3682