DETAILED ACTION
Claims 1-10 are currently pending and have been examined.
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 1-10 are rejected under 35 U.S.C. §101 because the claimed invention is directed to an abstract idea without significantly more.
Subject Matter Eligibility Criteria - Step 1:
Claims 1-5 are directed to a system (i.e., a machine); Claims 6-10 are directed to a method (i.e., a process). Accordingly, claims 1-10 are all within at least one of the four statutory categories.
Subject Matter Eligibility Criteria - Alice/Mayo Test: 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. MPEP 2106.04(II)(A)(1). 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. MPEP 2106.04(a).
Representative independent claim 1 includes limitations that recite at least one abstract idea. Specifically, independent claim 1 recites:
1. An intelligent pet breeding interaction system, comprising:
a storage module configured to stores a plurality of first postures corresponding to a mental health indicator and a plurality of second postures corresponding to a physical health indicator;
an image capturing module configured to monitor a target object to generate a monitoring image;
a processing module configured to compare the target object in the monitoring image with the first postures to generate a mental health score and compare the target object in the monitoring images with the second postures to generate a physical health score; and
an artificial intelligence module configured to receive an inquiry message and generate a response message according to the inquiry message, the mental health score, and the physical health score.
The Examiner submits that the foregoing underlined limitations constitute “methods of organizing human activity” because sending healthcare data, generating health scores based on the healthcare data, generating and sending a notification are associated with managing personal behavior or relationships or interactions between people. For example, but for the system, this claim encompasses a person facilitating data access, receiving data, and outputting data in the manner described in the identified abstract idea. The Examiner notes that “method of organizing human activity” includes a person’s interaction with a computer – see MPEP 2106.04(a)(2)(II)(C). 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 “method of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Accordingly, independent claim 1 and analogous independent claims 6 recite at least one abstract idea.
Furthermore, dependent claims 2-5 & 7-10 further narrow the abstract idea described in the independent claims. Claims 2 & 7 recite generating different scores based on posture data, claims 3 & 8 recite generating a physical health score and sleep quality score, claims 4 & 9 recite detecting a weight change and adjusting the physical health score, & Claims 5 & 10 recite generating an animation of the target object based on the inquiry message and scores. These limitations only serve to further limit the abstract idea and hence, are directed towards fundamentally the same abstract idea as independent claim 1 and analogous independent claim 6, even when considered individually and as an ordered combination.
Subject Matter Eligibility Criteria - Alice/Mayo Test: Step 2A - Prong Two:
Regarding Prong Two of Step 2A of the Alice/Mayo test, it must be determined whether the claim as a whole integrates the abstract idea into a practical application. As noted at MPEP §2106.04(II)(A)(2), 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.” MPEP §2106.05(I)(A).
In the present case, the additional limitations beyond the above-noted at least one abstract idea recited in the claim are as follows (where the bolded portions are the “additional limitations” while the underlined portions continue to represent the at least one “abstract idea”):
1. An intelligent pet breeding interaction system, comprising:
a storage module configured to stores a plurality of first postures corresponding to a mental health indicator and a plurality of second postures corresponding to a physical health indicator;
an image capturing module configured to monitor a target object to generate a monitoring image;
a processing module configured to compare the target object in the monitoring image with the first postures to generate a mental health score and compare the target object in the monitoring images with the second postures to generate a physical health score; and
an artificial intelligence module configured to receive an inquiry message and generate a response message according to the inquiry message, the mental health score, and the physical health score.
For the following reasons, the Examiner submits that the above identified additional limitations do not integrate the above-noted at least one abstract idea into a practical application.
Regarding the additional limitations of the storage module, processing module, and artificial intelligence module; the Examiner submits that these limitations amount to merely using computers as tools to perform the above-noted at least one abstract idea (see MPEP § 2106.05(f)).
Regarding the additional limitation of an image capturing module configured to monitor a target object to generate a monitoring image, the Examiner submits that this additional limitation merely adds insignificant extra-solution activity (data gathering; selecting data to be manipulated) to the at least one abstract idea in a manner that does not meaningfully limit the at least one abstract idea (see MPEP § 2106.05(g)) and is conventional as it merely consists of transmitting data over a network (see MPEP § 2106.05(d)(II)).
Thus, taken alone, the additional elements do not integrate the at least one abstract idea into a practical application.
Looking at the additional 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 with the abstract idea, 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 does not integrate the abstract idea into a practical application of the abstract idea. MPEP §2106.05(I)(A) and §2106.04(II)(A)(2).
For these reasons, representative independent claim 1 and analogous independent claim 6 do not recite additional elements that integrate the judicial exception into a practical application.
Accordingly, the claims recite at least one abstract idea.
The remaining dependent claim limitations not addressed above fail to integrate the abstract idea into a practical application as set forth below:
Claims 4 and 9: These claims recite using a sensing module to detect weight change values and therefore merely represent insignificant extra-solution activity (e.g., receiving and transmitting data)(see MPEP § 2106.05(g)) and conventional activities as they merely consist of receiving and transmitting data over a network (see MPEP § 2106.05(d)(II)).
Thus, taken alone, any additional elements do not integrate the at least one abstract idea into a practical application. Therefore, the claims are directed to at least one abstract idea.
Subject Matter Eligibility Criteria - Alice/Mayo Test: Step 2B:
Regarding Step 2B of the Alice/Mayo test, representative independent claim 1 does 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.
As discussed above, regarding the additional limitations of the storage module, processing module, and artificial intelligence module; the Examiner submits that these limitations amount to merely using computers as tools to perform the above-noted at least one abstract idea (see MPEP § 2106.05(f)). Regarding the additional limitation of an image capturing module configured to monitor a target object to generate a monitoring image, the Examiner submits that this additional limitation merely adds insignificant extra-solution activity (data gathering; selecting data to be manipulated) to the at least one abstract idea in a manner that does not meaningfully limit the at least one abstract idea (see MPEP § 2106.05(g)) and is conventional as it merely consists of transmitting data over a network (see MPEP § 2106.05(d)(II)).
The dependent claims also 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.
Regarding the additional limitations of using a sensing module to detect weight change values which the Examiner submits merely adds insignificant extra-solution activity to the abstract idea, the Examiner has reevaluated such limitations and determined them to not be unconventional as they merely consist of receiving and transmitting data over a network. See MPEP 2106.05(d)(II).
Therefore, claims 1-10 are ineligible under 35 USC §101.
Independent claim 1 is directed to a system as described in the preamble. However, the claim does not positively recite any elements that necessarily constitute a system or apparatus, such as computer hardware. It is not clear what structure is included or excluded by the claim language. Software per se is not patentable under § 101; therefore, the claimed invention does not fall within a statutory class of patentable subject matter. See MPEP 2106.01. Examiner recommends amending the claim to clearly include hardware in order to overcome this rejection. Dependent claims 2-5 are also rejected due to their dependency from claim 1.
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.
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.
Claims 1 & 6 are rejected under 35 U.S.C. 103 as being unpatentable over Shriberg (US20210110895) in view of Ofir (US20210015415).
As per claim 1, Shriberg teaches an intelligent pet breeding interaction system, comprising:
a storage module configured to stores a plurality of first postures corresponding to a mental health indicator and a plurality of second postures corresponding to a physical health indicator (para. 17, 26, 310, 375-378: various video models obtained and used to as training data to create customized model; model can be used to assess mental and physical state of subject);
an image capturing module configured to monitor a target object to generate a monitoring image (para. 159: camera for video capture);
a processing module configured to compare the target object in the monitoring image with the first postures to generate a mental health score (para. 170, 310: mental health score determined based on processed audio, visual, metadata, and ASR output data) and compare the target object in the monitoring images with the second postures to generate a physical health score (para. 170, 310: physical health score determined based on processed audio, visual, metadata, and ASR output data); and
an artificial intelligence module configured to receive an inquiry message (para. 5: automated module generates queries to subject and subject provides responses).
Shriberg does not expressly teach generate a response message according to the inquiry message, the mental health score, and the physical health score.
Ofir, however, teaches to monitoring user well-being where a system collects one or more sensor data, analyzes at least a subset of the collected sensor data, extracts features from the collected and/or analyzed sensor data, and determines one or more of a physical score, a psychological score and a total score (para. 7). Ofir also teaches to generating one or more alerts to the user or another entity, depending on whether the likelihood(s) are less than, equal, or greater than the one or more score thresholds (para. 7).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the aforementioned features in Ofir with Shriberg based on the motivation of monitor and assess physical and/or psychological states, and predict certain at-risk physical and/or psychological states at early stages of development (Ofir – para. 3).
Claim 6 recites substantially similar limitations as those already addressed in claim 1, and, as such, is rejected for similar reasons as given above.
Claim(s) 5 & 10 are rejected under 35 U.S.C. 103 as being unpatentable over Shriberg (US20210110895) in view of Ofir (US20210015415) as applied to claims 1 and 6 above, and in further view of Dhillon (US20230317246).
As per claim 5, Shriberg and Ofir teach the intelligent pet breeding interaction system as claimed in claim 1, but do not expressly teach wherein the artificial intelligence module is further configured to generate a simulated animation of the target object corresponding to the response message according to the inquiry message, the mental health score, and the physical health score.
Dhillon, however, teaches to facilitating mental health assessment where subject data is obtained via a sensor such as a camera and scores are generated for mental and physical health (para. 40, 58). Dhillon also teaches to generating a video clip of a person based on the user’s physical and mental score (para. 30, 67).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the aforementioned features in Dhillon with Shriberg and Ofir based on the motivation of facilitating mental health assessment and enhancing mental health via facial recognition (Dhillon – para. 2).
Claim 10 recites substantially similar limitations as those already addressed in claim 5, and, as such, is rejected for similar reasons as given above.
Prior Art Rejection
All of the cited references fail to expressly teach or suggest, either alone or in combination, the features found within the independent claims. In particular, the cited prior art of record fails to expressly teach or suggest the combination of: wherein the mental health indicator comprises an activity level indicator, an interaction behavior indicator, and an emotional indicator, and the first postures comprise a plurality of activity postures corresponding to the activity level indicator, a plurality of interaction postures corresponding to the interaction behavior indicator, and a plurality of grooming postures corresponding to the emotional indicator, wherein the processing module is configured to compare the target object in the monitoring image with the activity postures to generate an activity level score, compare the target object in the monitoring image with the interaction postures to generate an interaction behavior score, and compare the target object in the monitoring image with the grooming postures to generate an emotional score, wherein the processing module is configured to generate the mental health score according to the activity level score, the interaction behavior score, and the emotional score.
The most relevant prior art of record includes:
Shriberg (US20210110895) teaches to systems and methods for assessing a mental state of a subject in a single session or over multiple different sessions, using for example an automated module to present and/or formulate at least one query based in part on one or more target mental states to be assessed.
Ofir (US20210015415) teaches to monitoring a user's well-being. The methods may comprise collecting one or more sensor data, analyzing at least a subset of the collected sensor data, extracting features from the collected and/or analyzed sensor data, and determining one or more of a physical score, a psychological score and a total score. The methods may further comprise determining a user's well-being based on one or more of the scores.
Dhillon (US20230317246) teaches to a system for facilitating mental health assessment and enhancing mental health via facial recognition and content associated with other physical attributes is provided. In particular, the system receives content associated with physical attribute of a user from at least one sensor and receives self-assessed emotional states from the user. The system extracts features from the content and determines, based on the content and by utilizing artificial intelligence models, predicted emotional states of the user by comparing the features to training information utilized to train the artificial intelligence models.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Schechter (US20090247834) teaches to a method for improving the quality of life of a patient. The method involves assessing the patient's quality of life by evaluating parameters relating to the patient's health, and assigning a score in relation to the evaluated parameters. In one version, the patient's score is compared to a standard score, and a treatment program is assigned to the patient on the basis of the comparison.
Mott (US20220367059) teaches to A system, method, and apparatus for assessing pet wellness. The method includes receiving data related to a pet. The method also includes determining based on the data one or more health indicators of the pet, and performing a wellness assessment of the pet based on the one or more health indicators.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jonathan K Ng whose telephone number is (571)270-7941. The examiner can normally be reached M-F 8 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at 571-270-7949. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jonathan Ng/ Primary Examiner, Art Unit 3619