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 .
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 1-30 are rejected under 35 U.S.C. §101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1:
Claims 17-29 are directed to a method (i.e., a process), claims 1-16 are directed to a system (i.e., a machine), and claim 30 is directed to a non-transitory computer readable medium (i.e., a machine). Accordingly, claims 1-30 are all within at least one of the four statutory categories.
Step 2A - Prong One:
Regarding Prong One of Step 2A, the claim limitations are to be analyzed to determine whether, under their broadest reasonable interpretation, they “recite” a judicial exception or in other words whether a judicial exception is “set forth” or “described” in the claims. An “abstract idea” judicial exception is subject matter that falls within at least one of the following groupings: a) certain methods of organizing human activity, b) mental processes, and/or c) mathematical concepts.
Representative independent claim 17 includes limitations that recite at least one abstract idea. Specifically, independent claim 17 recites:
17. A method for facilitating user interactions based on shared wellness goals, comprising: storing in a database wellness data on a plurality of users enrolled in a wellness management platform, with each user pursuing a personalized wellness journey generated by the wellness management platform to achieve at least one wellness goal, with the at least one wellness goal for each user having a progress status associated therewith that is being tracked and updated by the wellness management platform based on accomplishments of each user; enrolling a new user in the wellness management platform, wherein the new user selects at least one wellness goal from a plurality of wellness dimensions; generating a personalized wellness journey for the new user, with the personalized wellness journey providing recommendations to achieve the selected at least one wellness goal; tracking progress of the new user on their personalized wellness journey based on accomplishments of the new user; comparing the tracked progress of the new user on their personalized wellness journey to the wellness data stored in the database to identify a convergence with at least one of the users participating in the wellness management platform, wherein the identified convergence corresponds to overlapping or complementary wellness goals between the new user and the at least one user associated with the convergence; generating a suggestion for the new user based on the identified convergence, wherein the suggestion includes at least one recommendation for joint activities, shared resources or communications with the at least one user associated with the identified convergence; communicating the generated suggestion to the new user over a communications channel; and providing user options via the generated suggestion to allow the new user to accept, modify, or decline the generated suggestion.
The Examiner submits that the foregoing underlined limitations constitute “certain methods of organizing human activity” because each user pursuing a personalized wellness journey to achieve at least one wellness goal, with the at least one wellness goal for each user having a progress status associated therewith that is being tracked and updated based on accomplishments of each user; enrolling a new user, wherein the new user selects at least one wellness goal from a plurality of wellness dimensions; generating a personalized wellness journey for the new user, with the personalized wellness journey providing recommendations to achieve the selected at least one wellness goal; tracking progress of the new user on their personalized wellness journey based on accomplishments of the new user; comparing the tracked progress of the new user on their personalized wellness journey to the wellness data to identify a convergence with at least one of the users participating, wherein the identified convergence corresponds to overlapping or complementary wellness goals between the new user and the at least one user associated with the convergence; generating a suggestion for the new user based on the identified convergence, wherein the suggestion includes at least one recommendation for joint activities, shared resources or communications with the at least one user associated with the identified convergence; communicating the generated suggestion to the new user; and providing user options via the generated suggestion to allow the new user to accept, modify, or decline the generated suggestion amount to managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions), at the currently claimed high level of generality.
Accordingly, the claim recites at least one abstract idea.
Step 2A - Prong Two:
Regarding Prong Two of Step 2A, it must be determined whether the claim as a whole integrates the abstract idea into a practical application. It must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”
The limitations of claims 1, 17, and 30, as drafted, is a process that, under its broadest reasonable interpretation, covers certain methods of organizing human activity but for the recitation of generic computer components. That is, other than reciting a database, a platform, a communications channel, a computing device, and a non-transitory computer readable medium to perform the limitations, nothing in the claim elements precludes the steps from practically being certain methods of organizing human activity. If a claim limitation, under its broadest reasonable interpretation, covers certain methods of organizing human activity 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 claims recite an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the database, platform, communications channel, computing device, and non-transitory computer readable medium are recited at a high-level of generality (i.e., as generic computer components performing generic computer functions of storing data, receiving data, generating data, analyzing data, communicating data, and providing data) such that it amounts no more than mere instructions to apply the exception using generic computer components. 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. The claims are directed to an abstract idea.
Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (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. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, apply or use the above-noted judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception (see MPEP § 2106.05). Their collective functions merely provide conventional computer implementation.
Claims 2-16 and 18-29 are ultimately dependent from Claim(s) 1 and 17 and include all the limitations of Claim(s) 1 and 17. Therefore, claim(s) 2-16 and 18-29 recite the same abstract idea. Claims 2-16 and 18-29 describe further limitations regarding a virtual advisor to assist the new user, a chatbot, an AI module, types of wellness dimensions, the recommendation including activities for the new user, allowing the user to set specific timeframes, dynamically adjust the recommended activities, generating notifications, recommendations for activities or events, identifying the convergence, types of user preferences for interaction, prioritizing the convergence, track effectiveness of interactions, providing a user-controlled option to search for potential convergences, and communicating the generated suggestion. These are all just further describing the abstract idea recited in claims 1 and 17, without adding significantly more.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claims are not patent eligible.
Step 2B:
Regarding Step 2B, independent claims 1, 17, and 30 do not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for reasons the same as those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application.
Regarding the additional limitations directed to storing wellness data in a database and communicating the generated suggestion to the new user over a communications channel, all of which the Examiner submits merely add insignificant extra-solution activity to the abstract idea or are claimed in a merely generic manner (e.g., at a high level of generality), the Examiner further submits that such steps are not unconventional as they merely consist of storing and retrieving information in memory and receiving and transmitting data over a network. See MPEP 2106.05(d)(II).
The dependent claims do not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the dependent claims do not integrate the at least one abstract idea into a practical application.
Therefore, claims 1-30 are ineligible under 35 USC §101.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15 and 29 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 15 and 29, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Objections
Claims 8 and 22 are objected to because of the following informalities: change “the selected timeframes” to “the set timeframes” in the last line of the claims. Appropriate correction is required.
Claim 30 is objected to because of the following informalities: change “a wellness management platform” to “the wellness management platform” at lines 3-4. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 9-12, 14-18, 23-26, and 28-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Neagle (US 2015/0347689 A1).
(A) Referring to claim 1, Neagle discloses A wellness management platform for facilitating user interactions based on shared wellness goals, comprising (See Figures 1-3, para. 25 & 54 of Neagle; A public or group challenge is one that have multiple participants that start at approximately the same time, and where the participants are given communication channels among them so that individuals' progress is posted and known to others within the group. Public or group challenges are carried out in a social manner so that peer pressure and encouragement from other participants in the group help motivate continued engagement and achieving the ultimate goal. The user may choose members of the group or allow the system to put together all individuals that are interested in the same fitness challenge. Thus, peer support and encouragement is employed to help the user adhere to the challenge and adopt a more healthful behavior.):
a database configured to store wellness data on a plurality of users enrolled in the wellness management platform, with each user pursuing a personalized wellness journey generated by the wellness management platform to achieve at least one wellness goal, with the at least one wellness goal for each user having a progress status associated therewith that is being tracked and updated by the wellness management platform based on accomplishments of each user (see Fig. 1, para. 19, 21, 31, and 54-56 of Neagle; The patient health and wellness data 14. These data are stored in one or more databases 16 such as in cloud data stores or cloud databases and accessible via the Internet by a variety of devices including computers, laptops, tablet computers, mobile telephones, etc. The individual participant's progress may be self-reported and/or monitored by using activity or fitness trackers such as FITBIT, JAWBONE, APPLE watch, MISFIT, MOOV, and other comparable wearable devices. Initially, the system 10 checks the patient's health, wellness, and activity history to determine suitable fitness challenges to recommend to the patient, as shown in block 134. The fitness & challenge module 37 provides a way to motivate users to reach certain fitness goals. The system may convey to the user that his pulse rate is too rapid for the exercise level, that his body temperature is too high, that he should hydrate given his activity level, that X miles from the first goal, and that he is ahead of others in the group in a public challenge, and the number of calories burned. All of the measured and monitored fitness parameters are stored in the system database(s), as shown in block 148.); and
a computing device coupled to the database and configured to perform the following (see Fig. 1 and para. 16 & 19 of Neagle):
enroll a new user in the wellness management platform, wherein the new user selects at least one wellness goal from a plurality of wellness dimensions (See Fig. 8, para. 45, 48, 60, & 54 of Neagle; the system 10 receives, via a mobile app or web-based application, an indication from the user to enter into a new fitness challenge. The data owner (patient) inputs authentication information that will be used to gain access to the health and wellness data. This may include the data owner's name, userID and/or other forms of unique identification (e.g., social security number, etc.), password, biometric data, machine-readable code, etc.),
generate a personalized wellness journey for the new user, with the personalized wellness journey providing recommendations to achieve the selected at least one wellness goal (para. 54 & 55 of Neagle; The individual participant's progress may be self-reported and/or monitored by using activity or fitness trackers such as FITBIT, JAWBONE, APPLE watch, MISFIT, MOOV, and other comparable wearable devices. Initially, the system 10 checks the patient's health, wellness, and activity history to determine suitable fitness challenges to recommend to the patient, as shown in block 134. The patient's physician may also take part in or be consulted in pre-selecting best suited fitness challenges for the patient. The system then displays or otherwise presents to the patient a list of suitable private and public fitness challenges, as shown in block 136. The user makes his/her selection, which is received by the system, as shown in block 138.),
track progress of the new user on their personalized wellness journey based on accomplishments of the new user (para. 54-56 of Neagle; The individual participant's progress may be self-reported and/or monitored by using activity or fitness trackers such as FITBIT, JAWBONE, APPLE watch, MISFIT, MOOV, and other comparable wearable devices. Initially, the system 10 checks the patient's health, wellness, and activity history to determine suitable fitness challenges to recommend to the patient, as shown in block 134. A public or group challenge is one that have multiple participants that start at approximately the same time, and where the participants are given communication channels among them so that individuals' progress is posted and known to others within the group.),
comparing the tracked progress of the new user on their personalized wellness journey to the wellness data stored in the database to identify a convergence with at least one of the users participating in the wellness management platform, wherein the identified convergence corresponds to overlapping or complementary wellness goals between the new user and the at least one user associated with the convergence (para. 21, 54, and 55 of Neagle; A public or group challenge is one that have multiple participants that start at approximately the same time, and where the participants are given communication channels among them so that individuals' progress is posted and known to others within the group. Public or group challenges are carried out in a social manner so that peer pressure and encouragement from other participants in the group help motivate continued engagement and achieving the ultimate goal. The user may choose members of the group or allow the system to put together all individuals that are interested in the same fitness challenge. Thus, peer support and encouragement is employed to help the user adhere to the challenge and adopt a more healthful behavior.),
generate a suggestion for the new user based on the identified convergence, wherein the suggestion includes at least one recommendation for joint activities, shared resources or communications with the at least one user associated with the identified convergence (para. 54 of Neagle; A public or group challenge is one that have multiple participants that start at approximately the same time, and where the participants are given communication channels among them so that individuals' progress is posted and known to others within the group. Public or group challenges are carried out in a social manner so that peer pressure and encouragement from other participants in the group help motivate continued engagement and achieving the ultimate goal. The user may choose members of the group or allow the system to put together all individuals that are interested in the same fitness challenge. Thus, peer support and encouragement is employed to help the user adhere to the challenge and adopt a more healthful behavior. ),
communicate the generated suggestion to the new user over a communications channel (see Fig. 1 and para. 54 & 55 of Neagle; The user may choose members of the group or allow the system to put together all individuals that are interested in the same fitness challenge. Thus, peer support and encouragement is employed to help the user adhere to the challenge and adopt a more healthful behavior. ), and
provide user options via the generated suggestion to allow the new user to accept, modify, or decline the generated suggestion (para. 54 & 55 of Neagle; The user may choose members of the group or allow the system to put together all individuals that are interested in the same fitness challenge. Thus, peer support and encouragement is employed to help the user adhere to the challenge and adopt a more healthful behavior. The patient's physician may also take part in or be consulted in pre-selecting best suited fitness challenges for the patient. The system then displays or otherwise presents to the patient a list of suitable private and public fitness challenges, as shown in block 136. The user makes his/her selection, which is received by the system, as shown in block 138. The system displays or presents more detailed information about the selected challenge, as shown in block 140. The user may then indicate his/her an acceptance of the selected private or public fitness challenge, as shown in block 142.).
(B) Referring to claims 2 and 18, Neagle discloses wherein the computing device comprises a virtual advisor to assist the new user in selecting the at least one wellness goal, to define wellness objectives, and to input relevant data for generation of the personalized wellness journey and further comprising operating a virtual advisor to assist the new user in selecting the at least one wellness goal, to define wellness objectives, and to input relevant data for generation of the personalized wellness journey. (para. 21, 23, 30-32, 54, and 55 of Neagle).
(C) Referring to claim 9 and similar claim 23, Neagle discloses wherein the computing device is configured to generate notifications related to the personalized wellness journey of the new user, with the notifications comprising at least one of reminders, motivational messages, and progress updates (para. 23 of Neagle).
(D) Referring to claims 10 and 24, Neagle discloses wherein the generated suggestion for the new user based on the identified convergence further includes recommendations for one or more wellness related activities or events (para. 54 of Neagle).
(E) Referring to claims 11 and 25, Neagle discloses wherein identifying the convergence is based on at least one of user-defined wellness objectives, historical progress data, user preferences for interaction, and external wellness-related events or opportunities (para. 54 of Neagle).
(F) Referring to claims 12 and 26, Neagle discloses wherein the user preferences for interaction includes virtual meetings, shared wellness activities, mentoring or peer support relationships, collaborative learning sessions, and community event participation (para. 37, 39, 54, and 55 of Neagle).
(G) Referring to claim 14 and similar claim 28, Neagle discloses wherein the computing device is configured to track effectiveness of interactions facilitated by the convergence, and to use this data to refine future recommendations and improve accuracy of convergence identification (para. 54-57 of Neagle).
(H) Referring to claim 15 and similar claim 29, Neagle discloses comprising an interface to provide a user-controlled option to manually search for potential convergences based on specific criteria, such as location, wellness focus, or desired interaction type (para. 53-55 of Neagle).
(I) Referring to claim 16, Neagle discloses wherein the generated suggestion is communicated over the communications channel to the new user via one or more of mobile app notifications, emails, and SMS messages (para. 23, 51, and 53 of Neagle).
(J) Referring to claim 17, Neagle discloses A method for facilitating user interactions based on shared wellness goals, comprising (para. 25 & 54 of Neagle; A public or group challenge is one that have multiple participants that start at approximately the same time, and where the participants are given communication channels among them so that individuals' progress is posted and known to others within the group. Public or group challenges are carried out in a social manner so that peer pressure and encouragement from other participants in the group help motivate continued engagement and achieving the ultimate goal. The user may choose members of the group or allow the system to put together all individuals that are interested in the same fitness challenge. Thus, peer support and encouragement is employed to help the user adhere to the challenge and adopt a more healthful behavior.):
storing in a database wellness data on a plurality of users enrolled in a wellness management platform, with each user pursuing a personalized wellness journey generated by the wellness management platform to achieve at least one wellness goal, with the at least one wellness goal for each user having a progress status associated therewith that is being tracked and updated by the wellness management platform based on accomplishments of each user (see Fig. 1, para. 19, 21, 31, and 54-56 of Neagle; The patient health and wellness data 14. These data are stored in one or more databases 16 such as in cloud data stores or cloud databases and accessible via the Internet by a variety of devices including computers, laptops, tablet computers, mobile telephones, etc. The individual participant's progress may be self-reported and/or monitored by using activity or fitness trackers such as FITBIT, JAWBONE, APPLE watch, MISFIT, MOOV, and other comparable wearable devices. Initially, the system 10 checks the patient's health, wellness, and activity history to determine suitable fitness challenges to recommend to the patient, as shown in block 134. The fitness & challenge module 37 provides a way to motivate users to reach certain fitness goals. The system may convey to the user that his pulse rate is too rapid for the exercise level, that his body temperature is too high, that he should hydrate given his activity level, that X miles from the first goal, and that he is ahead of others in the group in a public challenge, and the number of calories burned. All of the measured and monitored fitness parameters are stored in the system database(s), as shown in block 148.);
enrolling a new user in the wellness management platform, wherein the new user selects at least one wellness goal from a plurality of wellness dimensions (See Fig. 8, para. 45, 48, 60, & 54 of Neagle; the system 10 receives, via a mobile app or web-based application, an indication from the user to enter into a new fitness challenge. The data owner (patient) inputs authentication information that will be used to gain access to the health and wellness data. This may include the data owner's name, userID and/or other forms of unique identification (e.g., social security number, etc.), password, biometric data, machine-readable code, etc.);
generating a personalized wellness journey for the new user, with the personalized wellness journey providing recommendations to achieve the selected at least one wellness goal (para. 54 & 55 of Neagle; The individual participant's progress may be self-reported and/or monitored by using activity or fitness trackers such as FITBIT, JAWBONE, APPLE watch, MISFIT, MOOV, and other comparable wearable devices. Initially, the system 10 checks the patient's health, wellness, and activity history to determine suitable fitness challenges to recommend to the patient, as shown in block 134. The patient's physician may also take part in or be consulted in pre-selecting best suited fitness challenges for the patient. The system then displays or otherwise presents to the patient a list of suitable private and public fitness challenges, as shown in block 136. The user makes his/her selection, which is received by the system, as shown in block 138.);
tracking progress of the new user on their personalized wellness journey based on accomplishments of the new user (para. 54-56 of Neagle; The individual participant's progress may be self-reported and/or monitored by using activity or fitness trackers such as FITBIT, JAWBONE, APPLE watch, MISFIT, MOOV, and other comparable wearable devices. Initially, the system 10 checks the patient's health, wellness, and activity history to determine suitable fitness challenges to recommend to the patient, as shown in block 134. A public or group challenge is one that have multiple participants that start at approximately the same time, and where the participants are given communication channels among them so that individuals' progress is posted and known to others within the group.);
comparing the tracked progress of the new user on their personalized wellness journey to the wellness data stored in the database to identify a convergence with at least one of the users participating in the wellness management platform, wherein the identified convergence corresponds to overlapping or complementary wellness goals between the new user and the at least one user associated with the convergence (para. 21, 54, and 55 of Neagle; A public or group challenge is one that have multiple participants that start at approximately the same time, and where the participants are given communication channels among them so that individuals' progress is posted and known to others within the group. Public or group challenges are carried out in a social manner so that peer pressure and encouragement from other participants in the group help motivate continued engagement and achieving the ultimate goal. The user may choose members of the group or allow the system to put together all individuals that are interested in the same fitness challenge. Thus, peer support and encouragement is employed to help the user adhere to the challenge and adopt a more healthful behavior.);
generating a suggestion for the new user based on the identified convergence, wherein the suggestion includes at least one recommendation for joint activities, shared resources or communications with the at least one user associated with the identified convergence (para. 54 of Neagle; A public or group challenge is one that have multiple participants that start at approximately the same time, and where the participants are given communication channels among them so that individuals' progress is posted and known to others within the group. Public or group challenges are carried out in a social manner so that peer pressure and encouragement from other participants in the group help motivate continued engagement and achieving the ultimate goal. The user may choose members of the group or allow the system to put together all individuals that are interested in the same fitness challenge. Thus, peer support and encouragement is employed to help the user adhere to the challenge and adopt a more healthful behavior.);
communicating the generated suggestion to the new user over a communications channel (see Fig. 1 and para. 54 & 55 of Neagle; The user may choose members of the group or allow the system to put together all individuals that are interested in the same fitness challenge. Thus, peer support and encouragement is employed to help the user adhere to the challenge and adopt a more healthful behavior.); and
providing user options via the generated suggestion to allow the new user to accept, modify, or decline the generated suggestion (para. 54 & 55 of Neagle; The user may choose members of the group or allow the system to put together all individuals that are interested in the same fitness challenge. Thus, peer support and encouragement is employed to help the user adhere to the challenge and adopt a more healthful behavior. The patient's physician may also take part in or be consulted in pre-selecting best suited fitness challenges for the patient. The system then displays or otherwise presents to the patient a list of suitable private and public fitness challenges, as shown in block 136. The user makes his/her selection, which is received by the system, as shown in block 138. The system displays or presents more detailed information about the selected challenge, as shown in block 140. The user may then indicate his/her an acceptance of the selected private or public fitness challenge, as shown in block 142.).
(K) Claim 30 differs from claim 17 by reciting “A non-transitory computer readable medium having computer-executable instructions for causing a wellness management platform to perform steps comprising….” (para. 16, 25, 27, 30, and 38 of Neagle).
The remainder of claim 30 repeats the same limitations as claim 17, and is therefore rejected for the same reasons given above.
Claim Rejections - 35 USC § 103
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Neagle (US 2015/0347689 A1) in view of Beltran (US 2023/0099519 A1).
(A) Referring to claim 3, Neagle does not disclose wherein the virtual advisor comprises a chatbot that uses natural language processing to assist the new user.
Beltran discloses wherein the virtual advisor comprises a chatbot that uses natural language processing to assist the new user (para. 330 of Beltran).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to combine the aforementioned feature of Beltran within Neagle. The motivation for doing so would have been to answer questions regarding situations (para. 330 of Beltran).
Claim(s) 4 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Neagle (US 2015/0347689 A1) in view of Squires (US 2013/0073368 A1).
(A) Referring to claims 4 and 19, Neagle does not disclose wherein the computing device comprises an artificial intelligence (Al) module to generate the personalized wellness journey, track progress of the new user on their personalized wellness journey, identify the convergence, and generate the suggestion for the new user based on the identified convergence and further comprising operating an artificial intelligence (AI) module to generate the personalized wellness journey, track progress of the new user on their personalized wellness journey, identify the convergence, and generate the suggestion for the new user based on the identified convergence.
Squires discloses wherein the computing device comprises an artificial intelligence (Al) module to generate the personalized wellness journey, track progress of the new user on their personalized wellness journey, identify the convergence, and generate the suggestion for the new user based on the identified convergence and further comprising operating an artificial intelligence (AI) module to generate the personalized wellness journey, track progress of the new user on their personalized wellness journey, identify the convergence, and generate the suggestion for the new user based on the identified convergence (para. 27, 29, 30, 31, and 46 of Squires).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to combine the aforementioned features of Squires within Neagle. The motivation for doing so would have been to assist in completing challenges (para. 31 of Squires).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Neagle (US 2015/0347689 A1) in view of Squires (US 2013/0073368 A1), and further in view of Fortkort et al. (US 2024/0395388 A1).
(A) Referring to claim 5, Neagle and Squires do not expressly disclose wherein the Al module is further configured to make adjustments in the personalized wellness journey based on real-time feedback and progress indicators from the new user.
Fortkort discloses wherein the Al module is further configured to make adjustments in the personalized wellness journey based on real-time feedback and progress indicators from the new user (para. 393 of Fortkort).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to combine the aforementioned feature of Fortkort within Neagle and Squires. The motivation for doing so would have been so that recommendations are continuously tailored to the user's evolving wellness needs (para. 393 of Fortkort).
Claim(s) 13 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Neagle (US 2015/0347689 A1) in view of Grosz (US 2015/0058148 A1).
(A) Referring to claim 13 and similar claim 27, Neagle does not disclose wherein the computing device is configured to prioritize the convergence based on a degree of complementarity between the at least one goal of the new user and the goals of the users in the database, with higher priority given to convergences that are likely to result in mutually beneficial outcomes.
Grosz discloses wherein the computing device is configured to prioritize the convergence based on a degree of complementarity between the at least one goal of the new user and the goals of the users in the database, with higher priority given to convergences that are likely to result in mutually beneficial outcomes (para. 439-443 of Grosz).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to combine the aforementioned features of Grosz within Neagle. The motivation for doing so would have been to satisfy the goal (para. 439 of Grosz).
Claim(s) 6-8 and 20-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Neagle (US 2015/0347689 A1) in view of Luckow et al. (US 2022/0157456 A1).
(A) Referring to claims 6 and 20, Neagle discloses wherein the plurality of wellness dimensions comprise physical wellness (para. 25, 39, and 56 of Neagle).
Neagle does not expressly disclose wherein the plurality of wellness dimensions comprise mental wellness, spiritual wellness, financial wellness, educational wellness and social wellness.
Luckow discloses wherein the plurality of wellness dimensions comprise mental wellness, spiritual wellness, financial wellness, educational wellness and social wellness (abstract and para. 57 of Luckow).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to combine the aforementioned features of Luckow within Neagle. The motivation for doing so would have been to provide a variety of information and services (abstract of Luckow).
(B) Referring to claims 7 and 21, Neagle discloses wherein the recommendation for the new user further includes activities for the new user to perform for each selected goal within one or more of the wellness dimensions (para. 29, 31, and 54-56 of Neagle).
(C) Referring to claim 8 and similar claim 22, Neagle discloses wherein the computing device is configured to: allow the user to set specific timeframes for achieving each selected goal within each wellness dimension; and dynamically adjust the recommended activities based on the selected timeframes (para. 54, 55, 58, and 34 of Neagle).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited but not applied prior art teaches a health and wellness system (US 2014/0032234 A1); wellness application for data-capable band (US 2012/0317167 A1); and predictive wellness management (US 2018/0374586 A1).
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/LENA NAJARIAN/Primary Examiner, Art Unit 3687