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 claim(s)
Claims 1-3, 5-11 have been examined. Claim 4 has been canceled. Claims 1-3 have been amended. Claims 5-11 have been added.
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 1-3, 5-11 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1:
Claim 1 recite(s) a lifestyle improvement support system, which is within a statutory category (machine). Claim 10 recite(s) a lifestyle improvement support system method, which is within a statutory category (process). Claim 11 recite(s) a lifestyle improvement support system, which is within a statutory category (machine).
Step 2A - Prong One:
Regarding Prong One of Step 2A (MPEP2106.04-.07), 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) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
The limitation of Independent claim 1 recites at least one abstract idea. Specifically, claim 1 recites the steps of
A lifestyle improvement support system that supports improving a target person's blood glucose level by improving the target person's lifestyle, comprising one or more processors and one or more memories, the processor programmed to:
receive target person's blood glucose level data and acquired data including at least target person's physical activity data and dietary activity data, the target person's blood glucose level data and the acquired data being transmitted by a terminal; and
extract a plurality of factors that include as target factors from among one or more candidate factors including one or more factors related to physical activity and one or more factors related to dietary activity, based on the acquired data, the target factors being for improving target person's lifestyle;
select one or more factors from among the target factors;
perform a first notification process of notifying the target person about selected one or more factors to stimulate the target person to improve their lifestyle in relation to each of the selected one or more factors;
determine whether the selected one or more factors contributed to improving the target person's blood glucose level based on at least first blood glucose level data acquired from the target person before their lifestyle improvement and second blood glucose level data acquired from the target person after the target person was stimulated to improve their lifestyle based on the selected one or more factors notified by the first notification process; and
perform a second notification process of notifying the target person about one or more factors from among the factors determined to contribute to improving the target person's blood glucose level in order to stimulate the target person to improve their lifestyle in relation to each of the factors.
The limitations “receive target person's blood glucose level data and acquired data including at least target person's physical activity data and dietary activity data, the target person's blood glucose level data and the acquired data being transmitted by a terminal; and extract a plurality of factors that include as target factors from among one or more candidate factors including one or more factors related to physical activity and one or more factors related to dietary activity, based on the acquired data, the target factors being for improving target person's lifestyle; select one or more factors from among the target factors”, given the broadest reasonable interpretation, cover a certain method of organizing human activity because it recites fundamental economic practices, commercial or legal interactions, and/or managing personal behavior or relationships or interactions between people. Accordingly, the claim is directed toward at least one abstract idea.
The limitations “determine whether the selected one or more factors contributed to improving the target person's blood glucose level based on at least first blood glucose level data acquired from the target person before their lifestyle improvement and second blood glucose level data acquired from the target person after the target person was stimulated to improve their lifestyle based on the selected one or more factors notified by the first notification process; and perform a second notification process of notifying the target person about one or more factors from among the factors determined to contribute to improving the target person's blood glucose level in order to stimulate the target person to improve their lifestyle in relation to each of the factors” , given the broadest reasonable interpretation, cover a certain method of organizing human activity because it recites fundamental economic practices, commercial or legal interactions, and/or managing personal behavior or relationships or interactions between people. Accordingly, the claim is directed toward at least one abstract idea.
Dependent Claims 2-3, 5-9 add further limitations which are also directed to an abstract idea. For example, claim 3 includes receive information of target person’s self-efficacy to improve patient lifestyle. Dependent claims 5-6 include acquiring second blood glucose level data regarding physical and dietary activities. Dependent claims 7-9 include executing physical activity and dietary activity relating nutrition, calorie intake. These claims are directed to a certain method of organizing human activity for the same reason as described in the independent claims.
Furthermore, the abstract idea for claim 10 and claim 11 is identical as the abstract idea for claim 1, because the only difference between claim 10, 11 and claim 1 is that claim 1 recites a system, whereas claims 10 recites a method, and whereas claim 11 recites a system.
Step 2A - Prong Two:
Regarding Prong Two of Step 2A (See MPEP2106.04-07), it must be determined whether the claim, as a whole integrates the abstract idea into a practical application. As noted in MPEP2106.04-07, 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.”
In the present case, the additional limitations beyond the above-noted at least one abstract idea are as follows (where the bolded portions are the “additional limitations” while the underlined portions continue to represent the at least one “abstract idea”):
Claim 1 recites
A lifestyle improvement support system that supports improving a target person's blood glucose level by improving the target person's lifestyle, comprising one or more processors and one or more memories, the processor programmed to:
receive target person's blood glucose level data and acquired data including at least target person's physical activity data and dietary activity data, the target person's blood glucose level data and the acquired data being transmitted by a terminal; and
extract a plurality of factors that include as target factors from among one or more candidate factors including one or more factors related to physical activity and one or more factors related to dietary activity, based on the acquired data, the target factors being for improving target person's lifestyle;
select one or more factors from among the target factors;
perform a first notification process of notifying the target person about selected one or more factors to stimulate the target person to improve their lifestyle in relation to each of the selected one or more factors;
determine whether the selected one or more factors contributed to improving the target person's blood glucose level based on at least first blood glucose level data acquired from the target person before their lifestyle improvement and second blood glucose level data acquired from the target person after the target person was stimulated to improve their lifestyle based on the selected one or more factors notified by the first notification process; and
perform a second notification process of notifying the target person about one or more factors from among the factors determined to contribute to improving the target person's blood glucose level in order to stimulate the target person to improve their lifestyle in relation to each of the factors.
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.
For the additional bolded limitations of ”receive target person's blood glucose level data and acquired data including at least target person's physical activity data and dietary activity data, the target person's blood glucose level data and the acquired data being transmitted by a terminal; and extract a plurality of factors that include as target factors from among one or more candidate factors including one or more factors related to physical activity and one or more factors related to dietary activity, based on the acquired data, the target factors being for improving target person's lifestyle; select one or more factors from among the target factors”, this is a pre-solution activity. The examiner submits that this additional limitation does not provide any additional element, but only merely adds insignificant extra-solution activity of gathering data to the at least one abstract idea in a manner of pre- solution activity that does not meaningfully limit the at least one abstract idea
For the additional limitation of ” perform a first notification process of notifying the target person about selected one or more factors to stimulate the target person to improve their lifestyle in relation to each of the selected one or more factors; determine whether the selected one or more factors contributed to improving the target person's blood glucose level based on at least first blood glucose level data acquired from the target person before their lifestyle improvement and second blood glucose level data acquired from the target person after the target person was stimulated to improve their lifestyle based on the selected one or more factors notified by the first notification process; and perform a second notification process of notifying the target person about one or more factors from among the factors determined to contribute to improving the target person's blood glucose level in order to stimulate the target person to improve their lifestyle in relation to each of the factors.”, this is a post-solution activity. The examiner submits that this additional limitation does not provide any additional element, but only merely adds insignificant extra-solution activity of gathering data to the at least one abstract idea in a manner of post- solution activity that does not meaningfully limit the at least one abstract idea ((merely data gathering steps as noted, see MPEP 2106.05(g)))
In particular, the recitation of one or more processors and one or more memories, the terminal device as in claims 1, 10 and 11 is not positively claimed in the claim as it defines the service but is claimed insufficient to a structure or apparatus that it represents mere instructions to implement an abstract idea MPEP 2106.05(f).
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, 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 implement and revise a wellbeing plan, a productivity, 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).
For these reasons, representative independent claims 1, 10-11 do not recite additional elements that integrate the judicial exceptions into a practical application. (The Examiner notes the mere recitation of a processor, memory, a terminal device does not take the claim out of the mental process grouping or organizing human activity. Thus, the claim recites an abstract idea)
Thus, taken alone, the additional elements do not integrate the at least one abstract idea into a practical application.
Step 2B:
Regarding Step 2B, independent claims 1, 10-11 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 claim does not integrate the abstract idea into a practical application.
For claims 1, 10-11 limit the use of one or more processors, a terminal device, etc.... The specification merely describes the use of these computing components (Spec. 0024). The Examiner submits that these limitations amount to merely using these computer devices as well-understood, routine, conventional activity (Berkheimer v. HP, Inc., 881 F.3d 1360, 1368, 125 USPQ2d 1649, 1654 (Fed. Cir. 2018).), and MPEP 2106.05(d)(I)(2). Further the use of generic computer components to perform abstract ideas does not provide a necessary inventive concept. See Alice, 573 U.S. at 223 (“mere recitation of a generic computer cannot transform a patient-ineligible abstract idea into a patent-eligible invention”).
For the reasons stated, the claims fail the Subject Matter Eligibility Test and are consequently rejected under 35 USC 101. Therefore, claims 1-3, 5-11 are rejected under 35USC101 as being held patent ineligible.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-3, 5-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stivoric et al. (US20120149996A1 hereinafter Stivoric) in view of Ohnemus et al. (US20170147775A1 hereinafter Ohnemus).
With respect to claim1, Stivoric teaches a lifestyle improvement support system that supports improving a target person's blood glucose level by improving the target person's lifestyle, comprising one or more processors and one or more memories, the processor programmed to:
receive target person's blood glucose level data and acquired data including at least target person's physical activity data and dietary activity data, the target person's blood glucose level data and the acquired data being transmitted by a terminal (‘996; FIG. 5: illustrates a GUI for monitoring physiological data and lifestyle over an electronic network; Para 0245: Stivoric describes generating information relating to a variety of variables from the data received from the plurality of physiological and/or contextual sensors on sensor device 1201. Such variables may include, without limitation, energy expenditure, including resting, active and total values, daily caloric intake, sleep states, including in bed, sleep onset, sleep interruptions, wake, and out of bed, and activity states, including exercising, sitting, traveling in a motor vehicle, blood glucose levels; Para 0223: Stivoric further describes the system can allow the wearer to input both simplified dietary information (such as the grids shown in FIGS. 43G and H) and full dietary information about the meals that are eaten. The caloric amounts from the full dietary information can easily be calculated and used to train the caloric estimates for each category); and
Ohnemus teaches
extract a plurality of factors that include as target factors from among one or more candidate factors including one or more factors related to physical activity and one or more factors related to dietary activity, based on the acquired data, the target factors being for improving target person's lifestyle (‘775; Para 0045: The user or a communication subsystem provides the health-related information, for example in connection with one or more health parameters. Predetermined weighting factors can be used to assign a relative value of each of the parameters that are used by server 180 and/or client 160 to calculate the Health Score.);
select one or more factors from among the target factors (‘775; Para 0163);
perform a first notification process of notifying the target person about selected one or more factors to stimulate the target person to improve their lifestyle in relation to each of the selected one or more factors (‘775; Para 0332: a health navigator provides a lifestyle feedback engine to a health score platform that delivers continuous coaching and notifications for individuals with respect to the individual's lifestyle and activities. Feedback can be customized by a server 180 and/or client 160 to provide individual personality and behavior information that are instrumental to motivate an individual and make positive change, frequency and progress with regard to the individual's health);
determine whether the selected one or more factors contributed to improving the target person's blood glucose level based on at least first blood glucose level data acquired from the target person before their lifestyle improvement and second blood glucose level data acquired from the target person after the target person was stimulated to improve their lifestyle based on the selected one or more factors notified by the first notification process (‘775; Para 0060: a recommendation or “focus engine” can be provided that informs users of one or more lifestyle components that the users should focus on to increase their Health Score efficiently. Users are provided with a prescription to focus on specific lifestyle issues to improve long-term health. The engine can do this by first calculating a user's room for improvement in the modifiable risk factors (“MRF”). Example modifiable risk factors can include, for example, weight, body-mass index, waist circumference, total serum cholesterol, high-density lipoprotein, low-density lipoprotein, triglycerides, fasting, blood glucose, systolic blood pressure, diastolic blood pressure, C-reactive protein, resting heart rate, heart rate recovery, percent body fat, and smoking status. A calculation can be made regarding the difference in Health Score between a user's current value, and the value that would result if the user's MRF were ideal, e.g., at best values); and
perform a second notification process of notifying the target person about one or more factors from among the factors determined to contribute to improving the target person's blood glucose level in order to stimulate the target person to improve their lifestyle in relation to each of the factors (‘775; Para 0045: By providing the Health Score, a user gets health-related feedback information and can make modifications in his/her lifestyles that can directly impact the user's Health Score and improve the user's health).
It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to modify the system of Stivoric with the technique of automated health data acquisition as taught be Ohnemus and the motivation is to generate the notification of improving the target patient’s blood glucose levels.
Claims 10 and 11 are rejected as the same reason with claim 1.
With respect to claim 2, the combined art teaches the lifestyle improvement support system according to claim 1, wherein the processor is programmed to: when the acquired data includes health data, extract the target factors, based on at least the physical activity data, dietary activity data and health data included in the acquired data (‘775; Para 0109: goal of dietary achievement; Para 0163: a target daily average of fitness activity,).
With respect to claim 3, the combined art teaches the lifestyle improvement support system according to claim 1, wherein the processor is programmed to:
receive information of target person's self-efficacy input by the target person (‘775; Para 0036), and
perform a third notification process of notifying the target person about the target factors to input the information of the target person's self-efficacy to improve the target person's lifestyle in relation to one or more of the notified target factors (‘775; Paras 0037, 0047) and
select the selected one or more of the factors from among the notified target factors based on the information of the target person's self-efficacy (‘775; Para 0060).
With respect to claim 5, the combined art teaches the lifestyle improvement support system according to claim 1, wherein, the processor is programmed to: acquire the second blood glucose level data during executing the target person's physical activity and dietary activity for improving their lifestyle after notifying the selected one or more factors by the first notification; and determine the selected one or more factors contributed to improving the target person's blood glucose level based on acquired second blood glucose level data (‘996; Para 0283).
With respect to claim 6, the combined art teaches the lifestyle improvement support system according to claim 5, wherein, the processor is programmed to acquire the second blood glucose level data during executing the target person's physical activity and dietary activity for improving their lifestyle while varying at least one of the type and number of the selected one or more factors for each given period (‘775; Para 0051: components can be factored into a measurement to determine an extent to which lifestyle characteristics can impact a user's future health. Examples of such components include fitness, nutrition, background physical activity, stress reduction, weight management, and smoking cessation. Two or more of these components can interrelate, which can be reflected in an associated individual and overall Health Scores.).
With respect to claim 7, the combined art teaches the lifestyle improvement support system according to claim, wherein the first blood glucose level data is received during a baseline survey period in which the target person does not execute the physical activity and the dietary activity for the lifestyle improvement (‘996; Para 0109: gather baseline data which will be used to set initial goals for the individual user).
With respect to claim 8, the combined art teaches the lifestyle improvement support system according to claim 1, wherein the dietary activity data includes at least one of the types of data relating to calorie of the meal, nutrition included in the meal and intake time of the meal (‘996; Para 0219: enter nutrition information; Para 0220: he user's classification of the meal, as identified by a classification identifier chosen by the user, is used as an input to an algorithm that estimates the caloric content of the meal. The algorithm that does this calculation may take other factors into consideration, including, but not limited to, the time of day, the day of the week, the season, whether the day is a holiday, the user's past meal habits, the raw or derived values from a body monitoring product such as sensor device 1201, demographic information, and trends in the user's reporting of data.).
With respect to claim 9, the combined art teaches the lifestyle improvement support system according to The lifestyle improvement support system according to wherein the physical activity data includes performance time data of the physical activity of the target person (‘996; Para 0118: exercising aerobically for a pre-set time period, preferably 20 minutes, or engaging in a vigorous lifestyle activity for a pre-set time period, preferably one hour, and burning at least a minimum target number of calories, preferably 205 calories, through the aerobic exercise and/or lifestyle activity. ).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Su Hyun Park et al.; Diet and Physical Activity as Determinants of Continuously Measured Glucose Levels in Persons at High Risk of Type 2 Diabetes. Nutrients 2022, 14, 366. https:// doi.org/10.3390/nu14020366.
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/HIEP V NGUYEN/Primary Examiner, Art Unit 3686