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 .
DETAILED ACTION
Response to Amendment
In the preliminary amendment dated 05 December 2024, the following has occurred: Claims 7, 19, and 22-23 were cancelled.
The present office action represents the first action on the merits.
Claims 1-6, 8-18, 20, 21, and 24 are pending.
Priority
This application claims priority to U.S. Provisional Patent Application No. 63/122,761 dated 08 December 2020.
Subject Matter Free of Prior Art
The cited prior art of record fails to expressly teach or suggest, either alone or in combination, the features found within the independent claim. In particular, the cited prior art of record fails to expressly teach or suggest the combination of: receiving self-assessment for a plurality of categories where each assessment includes an assessment of their own health relative to the respective health-related category, a measure of the subject's satisfaction with their own health relative to the respective health-related category, and a measure of the subject's desire to improve their own health relative to the respective health-related category. A first subset of the categories is then selected arising from one or more meetings with the subject and a health vision plan is created based on received meeting information. The meeting information includes a description of the subject's desired health outcome elicited from the subject, and one or more values, one or more personal experiences, one or more behaviors, or one or more motivations of the subject elicited from discussion with the subject. A short term goal for improving the subject’s health is then established over a first epoch based on the selected categories. A long term goal related to the categories is then established over a second epoch that is at least twice as long as the first epoch. Strategies for the short and long term goals and one or more associated actions are then identified. Second information is obtained in a follow-up meeting during one fo the epochs in the form of a description of the subject's perception of their execution of the at least one action step elicited from the subject and a determination of whether the subject wishes to modify the long term goal or the short term goal is received and a re-evaluation of the action step(s) is performed. When it is determined that the subject wishes to modify the long term goal, the short term goal, or the at least one action step, the long term goal, the short term goal, or the at least one action step is reestablished in modified form. Performing secondary follow-up meetings and re-evaluating the action(s) during each of the secondary follow-up meetings. Finally, providing to the subject, outside of a meeting with the subject, one or more messages that include content configured to (i) encourage the subject to achieve the long term goal or the short term goal, (ii) remind the subject of one or more of the at least one action step, and/or (iii) educate the subject on the selected subset of health-related categories.
The most remarkable prior art includes the following:
Southam (U.S. Pre-Grant Patent Publication No. 2014/0236622) which discloses a recommendation system for recommending products to a patient based on heath goals of the patient.
Kil et al. (U.S. Pre-Grant Patent Publication No. 2007/0050215) which discloses a system for assessing the health of an individual and providing advice to a patient for enhancing their health.
Firminger et al. (U.S. Pre-Grant Patent Publication No. 2010/0235184) Which discloses a treatment planning module where and example treatment is weight loss based on input well-being goal input such as short term, long term, and an achievement goal.
Reier et al. (U.S. Patent No. 9,727,885) which discloses a system that receives assessment responses from individuals regarding their wellness, calculating a numerical indicator for the components, and determining a wellness recommendation that is presented.
Damani et al. (U.S. Pre-Grant Patent Publication No. 2014/0088995) which discloses a personal wellness development system that takes into account various user-specific information in a user profile and provides the user with a dashboard for tracking progress. The system also adjusts the wellness program based on updated user-specific information.
Anderl et al. (U.S. Pre-Grant Patent Publication No. 2006/0079752) which discloses
Among other things, each of these references fail to teach the particular claim assessments, long and short-term goals from the subject, and multiple re-evaluations of the claimed invention.
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, 8-18, 20, 21, and 24 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
The claim recites a method for managing a health condition, which is within a statutory category of invention.
Step 2A1
The limitations of:
obtaining, from the subject at a first time point, a first scored self-assessment for a plurality of health-related categories across a plurality of metrics, the first self-assessment including, for each respective health-related category in the plurality of health-related categories:
a first measure of the subject's assessment of their own health relative to the respective health-related category,
a first measure of the subject's satisfaction with their own health relative to the respective health-related category, and
a first measure of the subject's desire to improve their own health relative to the respective health-related category;
selecting a first subset of health-related categories from the plurality of health-related categories based on the first scored self-assessment;
facilitating subject creation of a health vision plan for improving the health of the subject with respect to the selected subset of health-related categories using first information arising from one or more meetings with the subject, wherein the first information comprises:
a description of the subject's desired health outcome elicited from the subject, and
one or more values, one or more personal experiences, one or more behaviors, or one or more motivations of the subject elicited from discussion with the subject,
establishing a short term goal for improving the health of the subject, relative to the selected subset of health-related categories, over a first epoch,
establishing a long term goal for improving the health of the subject, relative to the selected subset of health-related categories, over a second epoch, wherein the second epoch subsumes the first epoch and is at least twice as long as the first epoch, and the short term goal and the long term goal create a path between the subject's current health and the subject's desired health with respect to the selected subset of health-related categories,
identifying one or more strategies the subject believes will be effective to achieve the short or long term goals;
identifying, based on at least the one or more identified strategies, at least one action step for the subject to take in furtherance of achieving the short or long term goal;
re-evaluating the at least one action step using second information obtained from a primary follow-up meeting with the subject, wherein the follow-up meeting occurs after one or more initial meetings and during the first and second epochs, and wherein the second information comprises:
a description of the subject's perception of their execution of the at least one action step elicited from the subject,
a determination of whether the subject wishes to modify the long term goal, the short term goal, or the at least one action step, wherein when it is determined that the subject wishes to modify the long term goal, the short term goal, or the at least one action step, the long term goal, the short term goal, or the at least one action step is reestablished in modified form;
re-evaluating the at least one action step during each of a series of secondary follow-up meetings with the subject, wherein the series of secondary follow-up meetings occur after the primary follow-up meeting and during the second epoch; and
providing to the subject, outside of a meeting with the subject, one or more messages that include content configured to (i) encourage the subject to achieve the long term goal or the short term goal, (ii) remind the subject of one or more of the at least one action step, and/or (iii) educate the subject on the selected subset of health-related categories
, as drafted, is a process that, under the broadest reasonable interpretation, covers certain methods of organizing human activity (i.e., managing personal behavior including following rules or instructions) but for recitation of generic computer components. That is, the claimed invention amounts to managing personal behavior or interaction between people. For example, this claim encompasses a person interacting with a patient to arrive at health goals for the patient and to manage the patient’s health in the manner described in the identified abstract idea, supra. If a claim limitation, under its broadest reasonable interpretation, covers managing personal behavior or interactions between people but for the recitation of generic computer components, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Step 2A2 and 2B
The Examiner notes that Claim 1 is purely directed to the identified abstract idea and there are no additional elements in the claim that require evaluation under the practical application or significantly more portions of the subject matter eligibility analysis. The claim is not subject matter eligible.
Claims 2-6, 8-18, 20, 21, and 24 are similarly rejected because they either further define/narrow the abstract idea and/or do not further limit the claim to a practical application or provide as inventive concept such that the claims are subject matter eligible even when considered individually or as an ordered combination. Claim(s) 2-6, 8-18, 20, 21, and 24 merely describe(s) performing additional data collection and/or analysis.
Claim(s) 3, 5, and 6 also includes the additional elements of “a health monitoring device” and a “client electronic device.” Each of these devices serve to generally link the abstract idea to a particular technological environment or field of use. MPEP 2106.04(d)(I) indicates that generally linking an abstract idea to a particular technological environment or field of use cannot provide a practical application. MPEP 2106.05(A) indicates that generally linking an abstract idea to a particular technological environment or field of use cannot provide significantly more.
Conclusion
Prior art made of record though not relied upon in the present basis of rejection are noted in the attached PTO 892 and include:
Sadow et al. (U.S. Pre-Grant Patent Publication No. 2014/0365233) which discloses a system for recruiting patients for an obesity treatment program.
Harmon et al. (.S. Pre-Grant Patent Publication No. 2014/0221765) which discloses a system for treating a patient in need of mental health therapy based on therapy goals provided by the patient.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON S TIEDEMAN whose telephone number is (571)272-4594. The examiner can normally be reached 7:00am-4:00pm, off alternate Fridays.
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/JASON S TIEDEMAN/Primary Examiner, Art Unit 3683