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 the Claims
The office action is in response to the claims filed on February, 21, 2025 for the application filed February 21, 2025 which claims priority to a foreign application filed on March 18, 2022. Claims 1-18 are currently pending and have been examined.
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 1-18 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.
Eligibility Step 1:
Under step 1 of the 2019 Revised Patent Subject Matter Eligibility Guidance, claims 1-6 are directed towards a apparatus (i.e. a machine), which is a statutory category. Claims 7 and 9-13 are directed towards a method (i.e. a process), which is a statutory category. Claims 8 and 14-18 are directed towards a non-transitory computer readable recording medium (i.e. a manufacture), which is a statutory category. Since the claims are directed toward statutory categories, it must be determined if the claims are directed towards a judicial exception (i.e. a law of nature, a natural phenomenon, or an abstract idea). In the instant application, the claims are directed towards an abstract idea.
Eligibility Step 2A, Prong One:
Under step 2A, prong one of the 2019 Revised Patent Subject Matter Eligibility Guidance, independent claims 1, 7 and 8 are determined to be directed to an judicial exception because an abstract idea is recited in the claims which fall within the subject matter groupings of abstract ideas. The abstract idea (identified in bold) recited in the representative claim 8 is identified as:
A guidance assistance apparatus comprising:
an acquisition unit configured to acquire biological information of a student measured using a wearable terminal worn by the student;
an estimation unit configured to estimate a feeling of the student based on the acquired biological information;
a presentation unit configured to present condition information including the feeling of the student, together with extracurricular activity information on the student's extracurricular activity, on a user terminal used by a teacher
The identified limitations of the abstract idea fall within the subject matter grouping of certain methods of organizing human activity related and the sub grouping of managing personal behavior or relationships or interactions between people, (including social activities, teaching, and following rules or instructions). The claims recite the human activity of providing student guidance by estimating and presenting information of a student, including estimated feelings of a student and extracurricular activity information of a student, which is an activity performed by parents, teachers and guidance counselors during monitoring of a student’s development. For example parents, teachers and guidance counselors routinely estimate feelings of students as they relate to schoolwork and other activities and routinely present this information to others, such as teachers, students, parents during conferences and meetings.
The identified limitation of “estimate a feeling of the student based on the acquired biological information” falls within the subject matter grouping of mental processes. The estimating is recited at a high level of generality and may be performed in the human mind by observing and evaluating student biological information and making an opinion or judgment as to the feeling of the student..
Accordingly, claims 1, 7 and 8 recite an abstract idea under step 2A, prong one.
Eligibility Step 2A, Prong Two:
Under step 2A, prong two of the 2019 Revised Patent Subject Matter Eligibility Guidance, it must be determined whether the identified abstract ideas are integrated into a practical application. After evaluation, there is no indication that any additional elements or combination of elements integrate the abstract idea into a practical application, such as through: an additional element that reflects an improvement to the functioning of a computer, or an improvements to any other technology or technical field; an additional element that applies or uses a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition; an additional element that implements the judicial exception with, or uses the judicial exception in connection with, a particular machine or manufacture that is integral to the claim; an additional element that effects a transformation or reduction of a particular article to a different state or thing; or an additional element that applies or uses 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 more than a drafting effort designed to monopolize the exception. As shown below, the additional elements, other than the abstract idea per se, when considered both individually and as an ordered combination, amount to no more than a recitation of: generally linking the abstract idea to a particular technological environment or field of use; insignificant extra-solution activity to the judicial exception; and/or 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 using a computer as a tool to perform an abstract idea as evidenced below.
The additional elements recited in representative claim 1 are identified in italics as:
A guidance assistance apparatus comprising:
an acquisition unit configured to acquire biological information of a student measured using a wearable terminal worn by the student;
an estimation unit configured to estimate a feeling of the student based on the acquired biological information;
a presentation unit configured to present condition information including the feeling of the student, together with extracurricular activity information on the student's extracurricular activity, on a user terminal used by a teacher.
The additional limitations of “a apparatus comprising: an acquisition unit configured to..; an estimation unit configured to…; and a presentation unit configured to…” are determined to be mere instructions to apply an abstract idea under MPEP §2106.05(f). The units are recited at a high level of generality and used in their ordinary capacity to receive/acquire information, process/estimate information and display/present information in order to implement the abstract idea. Therefore, these additional elements amount to no more than a recitation of the words "apply it" (or an equivalent) or no more than mere instructions to implement an abstract idea or other exception on a computer or no more than merely using a computer as a tool to perform an abstract idea.
The additional limitations of “acquire… measured using a wearable terminal worn by the student” and “present… on a user terminal used by a teacher” are determined to be no more than insignificant extra-solution activity to the judicial exception under MPEP §2106.05(g). The acquiring of information measured from a wearable terminal worn by a student and presenting information on a user terminal of a teacher it the insignificant extra-solution activity of mere necessary data gather and data outputting.
Accordingly, claims 1, 7 and 8 do not recite additional elements which integrate the abstract idea into a practical application.
Eligibility Step 2B:
Under step 2B of the 2019 Revised Patent Subject Matter Eligibility Guidance, it must be determined whether provide an inventive concept by determining if the claims include additional elements or a combination of elements that are sufficient to amount to significantly more than the judicial exception. After evaluation, there is no indication that an additional element or combination of elements 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 limitations amount to mere instructions to apply an abstract idea under MPEP §2106.05(f) and insignificant extra-solution activity to the judicial exception under MPEP §2106.05(g). Evidence that acquiring data from terminals and presenting data from terminals is well-understood, routine and conventional is provided by MPEP §2106.05(d), subsection II.
Furthermore, 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 amounts to an inventive concept.
Dependent Claims:
The dependent claims merely present additional abstract information in tandem with further details regarding the elements from the independent claims and are, therefore, directed to an abstract idea for similar reasons as given above. None of these limitations are deemed to integrate the claims into a practical application or to amount to significantly more than the abstract idea as detailed below:
Regarding claims 2, 9 and 14, the dividing of the condition information into schoolwork and extracurricular activity information is encompassed by the abstract idea as it is a is directed towards a mental processes which can be performed in the human mind using observations, evaluations, judgments and opinions.
Regarding claims 3-5, 10-12 and 15-17, the details of what is presented (i.e. a list color coded objects representing feelings) are encompassed by the abstract ide, as this is the human activity of presenting information to a human in a way which allows the human to understand the information. The additional limitation of on a “pop-up screen” is determined to be a well-understood, routine and conventional activity in the field of GUI’s as evidenced by Chu et al. (U.S. Pub. No. 2008/0270240).
Regarding claims 6, 13 and 18 defining the feeling is encompassed by the abstract ideas of certain methods of organizing human activity and mental processes.
Therefore, whether taken individually or as an ordered combination, 1-18 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 6-9 and 14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Publicover et al. (U.S. Pub. No. 2022/0309948).
Regarding claim 1, Publicover discloses a guidance assistance apparatus comprising (Abstract):
an acquisition unit configured to acquire biological information of a student measured using a wearable terminal worn by the student (Paragraph [0107], Human interaction sensors may include one or more cameras (i.e., directed toward a user), thermal sensors, motion sensors, accelerometers, microphones, infrared (IR) sensors, galvanometric sensors, heart rate sensors, electrocardiogram sensors, electrooculogram sensors, electroencephalogram sensors, pulse oximeters, assistive devices, pressure sensors, magnetic sensors, activity monitoring devices, computer mice, joysticks, keyboards, touch screens, and proximity sensors. Both environmental and human interaction cameras may include an ability to pan and zoom. Paragraph [0090], students. Also see paragraph [0106].);
an estimation unit configured to estimate a feeling of the student based on the acquired biological information (Paragraph [0108], Resultant interaction data that may be used to classify degree of emotional engagement and/or degree of knowledge acquisition may include one or more of one or more audio recordings, video recordings, button pushes, heart rate recordings, respiration recordings, biometric recordings, sip-and-puff recordings, accelerometer movements, keyboard presses, computer mouse movements, joystick movements, trackball movements, touchpad touches, screen touches, pointing stick movements, eye tracking recordings, range finder recordings, musical instrument recordings, and digital pen recordings. Paragraph [0117], In cases where insufficient computing resources are available within a HIE to deliver timely interactions, sequencing and computations may optionally (indicated by a dashed-line enclosure 78 in FIG. 7) be offloaded to one or more remote processors 77 a, 77 b, 77 c. This may be enacted using telecommunications protocols (e.g., Wi-Fi, TCP/IP) 76 known in the art. Paragraph [0122], e, any number of degrees of emotional engagement may be determined; however, three degrees (i.e., bored, engaged, overwhelmed).); and
a presentation unit configured to present condition information including the feeling of the student, together with extracurricular activity information on the student's extracurricular activity, on a user terminal used by a teacher (Paragraph [0087], Machine-generated report cards may be used to inform learners' supporters 45 b. Such supporters and/or “monitors” may include those directly involved in the formal and extracurricular education of an individual (e.g., in-person or online teachers, coaches, professors, tutors) as well as to those who might be responsible or supportive of an individual's overall wellbeing (e.g., parents, other family members, guardians, counselors). Paragraph [0090], The machine-based generation, maintenance and distribution of emotional and cognitive progression may have a number of additional advantages and applications. Despite best efforts to maintain frequent communication with teachers, coaches, counselors, educational administrators, and others, it is often difficult for parents or guardians of students to keep abreast of progress across all of the different subject matters typically covered in both formal and extracurricular education. Even a learner may not fully keep track of progress, or areas of concern, in knowledge understanding within different topics. Paragraph [0027], inform, via one or more monitoring processors (e.g., mobile devices, laptops, digital assistants) and, if needed, using telecommunications, others (i.e., other instructors, guardians, supporters and/or monitors) involved in the education and development of an individual learner. Paragraph [0116], other users, if participating, may possess their individual HIEs or other processor-based interaction devices (e.g., tablet, laptop). Paragraph [0081], Classifications may be conveyed to human and/or machine-based entities to, for example, develop individualized, real-time strategies to modulate the emotional environment of the learner 42 a. Paragraph [0076], allowing interaction topics and strategies to be labelled according to a specific state (e.g., bored, distracted) and/or degree (e.g., identified on a scale) of emotional response elicited. For example, topics (e.g., art, science, sports) and/or methods of delivery (e.g., podcast, audiovisual, text, drawing) may each be labeled and accumulated 33 a according to identified emotional response(s) 33 a. Subsequent analyses may then identify (e.g., based on their frequencies of occurrence) topics and/or delivery strategies that evoke positive emotional responses. Conversely, topics and/or delivery strategies that evoke less desired emotional responses may also be tracked and avoided within subsequent interactions. Paragraph [0084], In addition, cognitive topics 43 b associated with the classified emotions 41 a may be sorted, for example, into those that generate learner interest, boredom, confusion, frustration, sense of being overwhelmed, stress, and so on 44 a. Machine-base maintenance of such topics and their emotional reactions may be used to inform supporters of the individual 45 a who, in turn, may direct (or be a direct part of) intervening interactions 43 a with the individual. The informing of emotional reactions and related topics may be performed on a topic-by-topic basis, periodically (e.g., following a schedule), or on an as-needed basis (e.g., immediately, if emotional distress is detected).).
Regarding claim 2, Publicover further discloses wherein the presentation unit divides the condition information into condition information of schoolwork and condition information of the extracurricular activity, based on a time of measurement of the biological information (Paragraph [0084], In addition, cognitive topics 43 b associated with the classified emotions 41 a may be sorted, for example, into those that generate learner interest, boredom, confusion, frustration, sense of being overwhelmed, stress, and so on 44 a. Machine-base maintenance of such topics and their emotional reactions may be used to inform supporters of the individual 45 a who, in turn, may direct (or be a direct part of) intervening interactions 43 a with the individual. The informing of emotional reactions and related topics may be performed on a topic-by-topic basis, periodically (e.g., following a schedule), or on an as-needed basis (e.g., immediately, if emotional distress is detected). Paragraph [0090], keep abreast of progress across all of the different subject matters typically covered in both formal and extracurricular education. Paragraph [0076], topics (e.g., art, science, sports). Fig. 10 and paragraphs [0282]-[0292] show and discuss that topics and their emotional reactions are divided based on timelines associated with interactions with the HIE, which acquires the biological information.).
Regarding claim 6, Publicover further discloses wherein the estimation unit estimates, as the feeling, at least one of arousal, valence, and emotion (Paragraph [0122], any number of degrees of emotional engagement may be determined; however, three degrees (i.e., bored, engaged, overwhelmed) may be of particular value when monitoring and subsequently supporting and/or modulating the emotional environment of an individual (see FIG. 11).).
Regarding claims 7-9, 13-14 and 18: all limitations as recited have been analyzed and rejected with respect to claims 1-2 and 6. Claims 7, 9 and 13 pertain to a method, corresponding to the apparatus of claims 1-2 and 6. Claims 8, 14 and 18 pertain to a non-transitory computer readable recording medium, corresponding to the apparatus of claims 1-2 and 6. Claims 7-9, 13-14 and 18 do not teach or define any new limitations beyond claims 1-2 and 6; therefore claims 7-9, 13-14 and 18 are rejected under the same rationale.
Subject Matter Allowable Over the Prior Art
Claims 3-5, 10-12 and 15-17 are determined to be allowable over the prior art.
The closest prior art does not appear to disclose, teach or suggest “for each of a plurality of students, associating a student image object representing the student with an extracurricular activity object representing the student's extracurricular activity, and presenting the same in a list on the user terminal; presenting the student image object in different colors according to a feeling toward the schoolwork; and presenting the extracurricular activity object in different colors according to a feeling toward the extracurricular activity.”
While Publicover discloses to report on the emotions of students for formal and extracurricular topics; Cejnar (U.S. Pub. No. 2017/0345109) and Fried et al (U.S. Pub. No. 2016/0189563) teach for each of a plurality of students, associating a student image object representing the student, presenting the same in a list on the user terminal, and presenting the student image object in different colors according to a feeling toward the schoolwork; and Gladstein et al. (U.S. Pub. No. 2025/0139723) and Allen (U.S. Pub. No. 2023/0274378) teach to present objects associated with Schoolwork and extracurricular activities, It would not have been obvious to one of ordinary skill in the art to modify the disclosure of Publicover to present the list of students with each student having student image object in different colors according to a feeling toward the schoolwork and an extracurricular activity object in different colors according to a feeling toward the extracurricular activity, without relying on hindsight reasoning.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Devin C. Hein whose telephone number is (303)297-4305. The examiner can normally be reached 9:00 AM - 5:00 PM M-F MDT.
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/DEVIN C HEIN/Examiner, Art Unit 3686