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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in the United Kingdom on 04/08/2022. It is noted, however, that applicant has not filed a certified copy of the 22167382.5 application as required by 37 CFR 1.55.
Document retrieval was unsuccessful on 21 April 2025.
Information Disclosure Statement
Reference Non-Patent Literature Document 5 (“Smith, Kristen”) has not been provided and as a result has not been considered.
Specification
The disclosure is objected to because of the following informalities: Page 8, line 14 “Medal Disorders” should be “Mental Disorders”.
Appropriate correction is required.
The use of the term DSM-5, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Objections
Claims 1-23 are objected to because of the following informalities:
Regarding claims 1, 3- 5, 12, 14, and 23, it is recommended that a single format (such as “step a)” and “step a’)” for a first step and additional step within the first step) for each “step” limitation be utilized for consistency, as at present the claims multiple formats to designate these limitations.
In claims 2-14, each preamble should recite “the computer implemented method” rather than “a computer implemented method” as presently claimed.
In claims 16-22, each preamble should recite “the health and wellbeing improvement kit” rather than “a health and wellbeing improvement kit” as presently claimed.
In claim 13, line 2 “the nutritional intake recommendation” should be “the nutritional supplement intake recommendation”.
In claim 23, line 1 “method detection” should be “method for detection” or “method of detection”.
In claim 23, line 3 “to a user” should be “which provides recommendations to a user” or similar.
Appropriate correction is required.
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 1-23 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.
Claim 1 recites “the health index” and “the personal health index” in line 7 and 8, respectively. There is insufficient antecedent basis for each limitation of the claim. The limitations are interpreted as referring to “the at least one personal health index” as described earlier in the claim.
Claim 1 recites “the intake” in line 8 of the claim. There is insufficient antecedent basis for this limitation of the claim.
Claim 4 recites “the personal health index” in line 4 of the claim. There is insufficient antecedent basis for this limitation of the claim. The limitation is interpreted as referring to “the at least one personal health index” as described in claim 1.
Claim 5 recites “the health index” in line 2 of the claim. There is insufficient antecedent basis for this limitation of the claim. The limitation is interpreted as referring to “the at least one personal health index” as described in claim 1.
Regarding claims 9 and 10, the phrase "optionally" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 12 recites “the personal health index” in lines 2 and 4 of the claim. There is insufficient antecedent basis for this limitation of the claim. The limitation is interpreted as referring to “the at least one personal health index” as described in claim 1.
Claim 12 recites “wherein step c) comprises… and step d) comprises…”. It is unclear if the claim is intended to refer to additional steps within step c) and step d) or if these steps are intended to replace step c) and step d) as previously claimed. The limitations are interpreted as referring to additional steps within step c) and step d) and it suggested that the claim be amended to recite “wherein step c) additionally comprises…and step d) additionally comprises” or similar.
Claim 13 recites “the supplement formulation”, “the dosage”, and “the time of day”. There is insufficient antecedent basis for each of these limitations of the claim.
Claim 15 recites “a nutritional supplement”. It is unclear if this nutritional supplement is the same as the nutritional supplement of claim 1 or if it may be some alternative nutritional supplement. The limitation is interpreted as referring to the same nutritional supplement as claim 1.
Regarding claim 18, the phrase "namely" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 22, the phrase "optionally" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 23 recites “the health index” and “the personal health index” in line 8 and 10, respectively. There is insufficient antecedent basis for each limitation of the claim. The limitations are interpreted as referring to “the at least one personal health index” as described earlier in the claim.
Claim 23 recites “the intake” in line 9. There is insufficient antecedent basis for this limitation of the claim.
Claims 2-22 are additionally rejected under 35 U.S.C. 112(b) as indefinite due to their dependence on claim 1, which has been rejected as indefinite.
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.
Utilizing the two step process adopted by the Supreme Court (Alice Corp vs CLS Bank Int'l, US
Supreme Court, 110 USPQ2d 1976 (2014) and the recent 101 guideline Federal Register Vol. 84, No., Jan
2019)), determination of the subject matter eligibility under the 35 U.S.C. 101 is as follows: Specifically, the Step 1 requires claim belongs to one of the four statutory categories (process, machine, manufacture, or composition of matter). If Step 1 is satisfied, then in the first part of Step 2A (Prong One), identification of any judicial recognized exceptions in the claim is made. If any limitation in the claim is identified as judicial recognized exception, then in the second part of Step 2A (Prong Two), determination is made whether the identified judicial exception is being integrated into practical application. If the identified judicial exception is not integrated into a practical application, then in Step 2B, the claim is further evaluated to see if the additional elements, individually and in combination provide "inventive concept" that would amount to significantly more than the judicial exception. If the element and combination of elements do not amount to significantly more than the judicial recognized exception itself, then the claim is ineligible under the 35 U.S.C. 101.
Claims 1-23 are rejected under 35 U.S.C. 101.
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception, in this case an abstract idea, without significantly more. The claim recite(s) "b. determining at least one personal health index at regular intervals based on the physiological data, c. monitoring an evolution over time of the health index, d. determining a recommendation on the intake of a nutritional supplement according to the evolution over time of the personal health index". This judicial exception is not integrated into a practical application and the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Claim 1 satisfies Step 1, namely the claim is directed to one of the four statutory classes, process. Following Step 2A Prong one, any judicial exceptions are identified in the claims. In claim 1, the limitations "b. determining at least one personal health index at regular intervals based on the physiological data, c. monitoring an evolution over time of the health index, d. determining a recommendation on the intake of a nutritional supplement according to the evolution over time of the personal health index" are abstract ideas as they are directed to a mental process as the human mind is capable of making determinations and monitoring over time, as well as providing a recommendation based on such determinations and monitoring. With the identification of an abstract idea, the next phase is to proceed Step 2A, Prong Two, wherewith additional elements and taken as a whole, evaluation occurs of whether the identified abstract idea is integrated into a practical application.
In Step 2A, Prong Two, the claim does not recite any additional elements or evidence that amounts to significantly more than the judicial exception. Besides the abstract idea, the claim recites the additional elements “a. receiving physiological data from the physiological sensor” and “e. displaying the recommendation to the user”. However, these components may be seen as the use of well-understood, routine, or conventional elements to perform a non-mental process in order to gather data for the mental process step, much like the example given in MPEP 2106.04(d)(2)(c), such that these limitations are extra-solution activity and thus do not integrate the judicial exception into a practical application. The measurement step leads to the final limitation of “determining” and “displaying” such that the end result of use of the system is only the generic displayed recommendation which may be any generic output. As the determination is not defined as requiring any further action, such as a form of prophylaxis or treatment or an improvement to a computer or other technology, the claim limitations constitute mere generation of data, in this case the measurement of data relating to first and second physiological information, such that the claim does not integrate the judicial exception into any practical application. Regarding “computer implemented”, the limitation amounts to nothing more than an instruction to apply the abstract idea using a generic computer, which does not render an abstract idea eligible. The steps performed are, as claimed, capable of being performed in the human mind similar to the examples given in MPEP 2106.04(a)(2)(III)(A)-(C), wherein it is described that “a claim to ‘collecting information, analyzing it, and displaying certain results of the collection and analysis’ where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind” recites a mental process and that claims which merely use a computer as a tool to perform a mental process are not eligible when “there is nothing in the claims themselves that foreclose them from being performed by a human, mentally or with pen and paper” such as “mental processes of parsing and comparing data” when the steps are recited at a high level of generality and a computer is used merely as a tool to perform the processes. Under the broadest reasonable interpretation, the claim elements are recited with a high level of generality (as written, each claimed step of the process may be performed by a person in an undefined manner including observing data and making judgments) that there are no meaningful limitations to the abstract idea. Consequently, with the identified abstract idea not being integrated into a practical application, the next step is Step 2B, evaluating whether the additional elements provide "inventive concept" that would amount to significantly more than the abstract idea.
In Step 2B, claim 1 does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The limitation of “a. receiving physiological data from the physiological sensor” and “e. displaying the recommendation to the user” constitutes extra-solution activity to the judicial exception, which does not amount to an inventive concept when the activity is well-understood, routine, or conventional, and are thus not indicative of integration into a practical application. The claim limitation constitutes adding a generic sensor and display, which Goldstein (WO 2021137216 A1) describes as well-understood, routine, or conventional in its description of the implementation of methods via the functionality of a smartphone or smartwatch (Page 13, lines 23-29; Page 14, lines 10-28; Page 15, line 25-Page 16, line 29; Fig. 4A-4B). As discussed above with respect to integration of the abstract idea into a practical application, the present elements amount to no more than mere indications to apply the exception.
In Summary, claim 1 recites abstract idea without being integrated into a practical application, and does not provide additional elements that would amount to significantly more. As such, taken as a whole, the claim and is ineligible under the 35 U.S.C. 101.
Claim 23 is rejected under 35 U.S.C. 101 for similar reasons.
Claims 2-22 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception, in this case an abstract idea, without significantly more. As each of these claims depends from claim 1, which was rejected under 35 U.S.C. 101 in paragraph 26 of this action, these claims must be evaluated on whether they sufficiently add to the practical application of claim 1, or comprise significantly more than the limitations of claim 1.
Besides the abstract idea of claim 1: claims 2-4 and 15-22 recite further details of elements that may be seen as the use of well-understood, routine, or conventional elements to perform a non-mental process in order to gather data for the mental process step, and wherein the elements are well-understood, routine or conventional as they recite generic sensors and nutritional supplements (see above citations of Goldstein as well as Page 3, line 25-Page 4, line 13 which describes nutrition additive items which are known for improving different aspects of health and wellness of a user); claims 5-14 and recite additional limitations of the abstract idea which are themselves abstract as they are directed to a mental process, including further details of a recommendation and additional determination steps which may similarly be performed in the human mind.
The claim element of claim 1 of a computer implemented method is recited with a high level of generality (as written, the method may be carried out by a person alone or with a generic computer in any undefined manner). This limitation provides no practical application, nor does it provide meaningful limitations to the abstract idea.
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.
Claim(s) 1-5, 12-15, and 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goldstein (WO 2021137216 A1).
Regarding claim 1, Goldstein teaches a computer implemented method for providing recommendations for managing stress to a user wearing or carrying a device comprising a physiological sensor (page 1 line 1-25—techniques for relieving stress…based on at least one of psychological and physiological parameters of a user and providing recommendations on a selected nutrition additive items directed for relieving specific lifestyle or stress aspects…may be implemented by one or more computer systems), comprising the following steps:
a. Receiving physiological data from the physiological sensor (page 2 line 24-31, Col. 13, line 23-29—may utilize one or more sensors…used by the user for monitoring personal activity…),
b. Determining at least one personal health index at regular intervals based on the physiological data (page 2 line 1-page 2 line 13—one or more parameters associated (separately or combined in groups of parameters) with wellbeing of the user…; page 2 line 32 --page 3 line 5—determining score in one or more selected wellbeing parameters…user score associated with day wellbeing related parameters and night wellbeing parameters…; page 3 line 18-24-- determining anxiety score of the user…; page 4 line 18-29—determining user wellbeing profile…),
c. Monitoring an evolution over time of the health index (page 1 line 18--user monitoring,-page 3 line 1-5 and line 13-17—day and night wellbeing parameters…: day and night health parameters;-page 4 line 18-29—at the beginning of each month, the technique may update user wellbeing profile…may operate periodically for determining user wellbeing profile, at a selected time scale…; page 11 line 14—variation of anxiety level throughout a day or based on specific activities…),
d. Determining a recommendation on the intake of a nutritional supplement according to the evolution over time of the personal health index (page 3 line 22 --page 4 line 29—determines recommendations on selection of nutrition additive items in accordance with wellbeing score of the user to provide personalized wellbeing enhancement to the user),
e. displaying the recommendation to the user (page 4 line 16-18—the user receives recommendation on a collection of nutrition additive items to be consumed…).
Regarding claim 2, Goldstein teaches the computer implemented method according to claim 1. Goldstein additionally teaches wherein the physiological sensor is a heart rate sensor, and/ or a galvanic sensor and/ or an accelerometer (Col. 13, line 23-29—one or more sensors associated with the electronic device running the technique (e.g., accelerometers, camera), third party sensors (e.g., heart rate sensors, watch, etc.)…).
Regarding claim 3, Goldstein teaches the computer implemented method according to claim 1. Goldstein additionally teaches wherein the physiological data used in step b) comprises data selected from heart rate variability data, electro-dermal activity data, respiration rate data and physical activity data (Page 7, line 11-18—physiological data may comprise one or more data pieces selected from:…heart rate variability, respiratory rate…activity measure…).
Regarding claim 4, Goldstein teaches the computer implemented method according to claim 1. Goldstein additionally teaches comprising a further step of receiving self-reported data and/or mobile phone usage data, wherein the self-reported data and/or mobile phone usage data is used in step b) to determine the personal health index (Page 2, line 14-23, Page 14, line 3-6 and 28-Page 15, line 5—may generally include user subjective data, e.g., provided by the user in response to a selected set of questions relating to wellbeing and/or stress profile of the user…).
Regarding claim 5, Goldstein teaches the computer implemented method according to claim 1. Goldstein additionally teaches wherein the health index determined in step b) is a stress index (page 3 line 18-24-- determining anxiety score of the user…;), and in a further step b)', a second personal health index is determined based on the stress index and its evolution over time (page 4 line 18-29—determining user wellbeing profile…; page 20, line 8-20—updating user wellbeing profile…).
Regarding claim 12, Goldstein teaches the computer implemented method according to claim 1. Goldstein additionally teaches wherein step c) comprises comparing the personal health index to a threshold, and step d) comprises a recommendation to alter the nutritional supplement intake when the personal health index exceeds the threshold for a pre-determined amount of time (Page 20, line 12-20— Periodic monitoring of the user physiological data, and at times of the psychological data, combined with indications of nutrition additive items’ consumption may also be used for raising alerts in case certain medical or physiological parameters deteriorate over predetermined threshold…).
Regarding claim 13, Goldstein teaches the computer implemented method according to claim 12. Goldstein additionally teaches wherein the recommendation to alter the nutritional intake recommendation comprises a recommendation to change the supplement formulation and/or to increase the dosage, and/or to change the time of day on which the supplement is taken (Page 20, line 8-20-- may further request the user to provide indication on consumption of the nutrition additive items, including type of item and time of consumption… enabling to identify side effects and other medical conditions of the user that may require treatment or changes in treatment… may enable identifying reduced wellbeing is different aspects and finetuning the recommended nutrition additive items, or in certain cases, raising an alert to the user and/or to medical professionals as the case may be).
Regarding claim 14, Goldstein teaches the computer implemented method of claim 1. Goldstein additionally teaches comprising an additional step d') of determining a behavioural change recommendation, and an additional step e') of displaying said behavioural change recommendation to the user (Page 3, line 14-18, Page 18, line 19=23--the present technique determines recommendations on selection of nutrition additive items in accordance with wellbeing score of the user to provide personalized wellbeing enhancement to the user. For example, in some embodiments, the user receives recommendation on a collection of nutrition additive items to be consumed… the recommendation of collection may generally be based on wellbeing scores in the different aspects such that a user having low sleep score (relevant to low sleep quality) will receive recommendation on sleep improving items, and user having low focus score (relevant to difficulty to focus) will receive recommendation on focusing improving items…). It is noted that changing dietary supplements may be considered a change in behavior, and that such changes would similarly support changes in behavior such as improving sleep or focus.
Regarding claim 15, Goldstein teaches a health and wellbeing improvement kit comprising a nutritional supplement and a computer programme product (Claim 33-34. Page 10, line 5-11-- A package comprising a collection of personalized nutrition additive items associated with a user anxiety profile, and instructions for selecting an item from the collection of items, said instructions being provided by a method) adapted to perform the steps of the method of claim 1 (see rejection of claim 1, above).
Regarding claim 23, Goldstein teaches a computer implemented method detection and initial diagnosis of clinically relevant anxiety where an individual would benefit from a consultation with a healthcare professional to a user wearing or carrying a device comprising a physiological sensor (page 1 line 1-25—techniques for relieving stress…based on at least one of psychological and physiological parameters of a user and providing recommendations on a selected nutrition additive items directed for relieving specific lifestyle or stress aspects…may be implemented by one or more computer systems; page 3, line 11-17-- The above-described day and night wellbeing parameters are associated with stress types based on Diagnostic & Statistical Manual of Mental Disorders (DSM5) relating to diagnosis of stress or anxiety disorders…), comprising the following steps:
f. Receiving physiological data from the physiological sensor (page 2 line 24-31, Col. 13, line 23-29—may utilize one or more sensors…used by the user for monitoring personal activity…),
g. Determining at least one personal health index at regular intervals based on the physiological data (page 2 line 1-page 2 line 13—one or more parameters associated (separately or combined in groups of parameters) with wellbeing of the user…; page 2 line 32 --page 3 line 5—determining score in one or more selected wellbeing parameters…user score associated with day wellbeing related parameters and night wellbeing parameters…; page 3 line 18-24-- determining anxiety score of the user…; page 4 line 18-29—determining user wellbeing profile…),
h. Monitoring an evolution over time of the health index (page 1 line 18--user monitoring,-page 3 line 1-5 and line 13-17—day and night wellbeing parameters…: day and night health parameters;-page 4 line 18-29—at the beginning of each month, the technique may update user wellbeing profile…may operate periodically for determining user wellbeing profile, at a selected time scale…; page 11 line 14—variation of anxiety level throughout a day or based on specific activities…),
i. Determining a recommendation on the intake of a nutritional supplement according to the evolution over time of the personal health index (page 3 line 22 --page 4 line 29—determines recommendations on selection of nutrition additive items in accordance with wellbeing score of the user to provide personalized wellbeing enhancement to the user),
j. displaying the recommendation to the user (page 4 line 16-18—the user receives recommendation on a collection of nutrition additive items to be consumed…).
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) 6-9, 11, 16-20, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goldstein in view of Horn (US 20160192689 A1).
Regarding claim 6, Goldstein teaches the computer implemented method according to claim 1. Goldstein generally teaches a nutrition supplement for improving stress (Page 1, line 9-20 and Page 2, line 4-9—nutrition additive items (edibles) having active ingredients, selected to address the user’s wellbeing profile).
However, Goldstein does not explicitly disclose wherein the nutritional supplement has a composition comprising at least one bacterial strain of the species Lactobacillus helveticus, Bifidobacterium longum, Bifidobacterium Bifidum, Lactobacillus paracasei and/or Lactobacillus plantarum.
Horn, in related art of providing nutrition additives to relieve stress (Paragraph 0210, 0370-0373, 0437), discloses a nutritional supplement wherein the nutritional supplement has a composition comprising at least one bacterial strain of the species Lactobacillus helveticus, Bifidobacterium longum, Bifidobacterium Bifidum, Lactobacillus paracasei and/or Lactobacillus plantarum (Paragraph 0203, 0429--Probiotics for use in the foods described herein include, but are not limited to… Bifidobacterium bifidum…Bifidobacterium longum…Lactobacillus helveticus…Lactobacillus plantarum… Lactobacillus paracasei).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to suggest a particular nutritional supplement as disclosed by Horn as a matter of simple substitution of known elements in the art, in this case, the substitution of different nutritional supplements which may improve stress in a user.
Regarding claim 7, Goldstein teaches the computer implemented method according to claim 1. Goldstein generally teaches a nutrition supplement for improving stress (Page 1, line 9-20 and Page 2, line 4-9—nutrition additive items (edibles) having active ingredients, selected to address the user’s wellbeing profile).
However, Goldstein does not explicitly disclose wherein the nutritional supplement has a composition comprising Lactobacillus helveticus Rosell- 52 (CNCM-I-1722), Bifidobacterium longum Rosell-175 (CNCM-I-3470), Bifidobacterium Bifidum Rosell- 71 (CNCM-I-3426), Lactobacillus plantarum Rosell-1012 (CNCM-I-3736) and/or Lactobacillus paracasei Lafti L26 (CBS- 116412).
Horn, in related art of providing nutrition additives to relieve stress (Paragraph 0210, 0370-0373, 0437), discloses a nutritional supplement wherein the nutritional supplement has a composition comprising Lactobacillus helveticus Rosell- 52 (CNCM-I-1722), Bifidobacterium longum Rosell-175 (CNCM-I-3470), Bifidobacterium Bifidum Rosell- 71 (CNCM-I-3426), Lactobacillus plantarum Rosell-1012 (CNCM-I-3736) and/or Lactobacillus paracasei Lafti L26 (CBS- 116412) (Paragraph 0203, 0429-- Lactobacillus helveticus R0052…).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to suggest a particular nutritional supplement as disclosed by Horn as a matter of simple substitution of known elements in the art, in this case, the substitution of different nutritional supplements which may improve stress in a user.
Regarding claim 8, the combination of Goldstein and Horn teaches the computer implemented method according to claim 7. Goldstein generally teaches a nutrition supplement for improving stress (Page 1, line 9-20 and Page 2, line 4-9—nutrition additive items (edibles) having active ingredients, selected to address the user’s wellbeing profile).
However, Goldstein does not explicitly disclose wherein the nutritional supplement has a composition further comprising L-glutathione, Potassium, Inulin, Magnesium, and Zinc.
Horn, in related art of providing nutrition additives to relieve stress (Paragraph 0210, 0370-0373, 0437), discloses a nutritional supplement wherein the nutritional supplement has a composition further comprising L-glutathione, Potassium, Inulin, Magnesium, and Zinc (Paragraph 0207, 0253, 0326, 0344, 0383, 0434-- If desired, additional compounds are included in the functional food composition to improve or maintain healthy conditions in the digestive tract and/or enhance or modify the microflora and ecological biochemistry to optimize the effects of the probiotic and β-glucan composition… magnesium… potassium …zinc…; paragraph 0090, 0205-0206, 0362, 0408-- Dietary fibers for the functional food composition as described herein can include, both soluble and insoluble dietary fibers, including, but not limited to, galacto-oligosaccharides, inulin).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to suggest a particular nutritional supplement as disclosed by Horn as a matter of simple substitution of known elements in the art, in this case, the substitution of different nutritional supplements which may improve stress in a user. It additionally would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to include the particular nutritional supplements of Horn in order to predictably improve the method by providing supplements which include additional benefits, such as improving treatment of chronic conditions or improving health of the digestive tract as disclosed by Horn.
Regarding claim 9, the combination of Goldstein and Horn teaches the computer implemented method according to claim 7. Goldstein generally teaches a nutrition supplement for improving stress (Page 1, line 9-20 and Page 2, line 4-9—nutrition additive items (edibles) having active ingredients, selected to address the user’s wellbeing profile).
However, Goldstein does not explicitly disclose wherein the nutritional supplement has a composition comprising Lactobacillus helveticus Rosell- 52 (CNCM-I-1722), Bifidobacterium longum Rosell-175 (CNCM-I-3470), Bifidobacterium Bifidum Rosell- 71 (CNCM-I-3426), Lactobacillus paracasei Lafti L26 (CBS-116412), and optionally Vitamin B.
Horn, in related art of providing nutrition additives to relieve stress (Paragraph 0210, 0370-0373, 0437), discloses a nutritional supplement wherein the nutritional supplement has a composition comprising Lactobacillus helveticus Rosell- 52 (CNCM-I-1722), Bifidobacterium longum Rosell-175 (CNCM-I-3470), Bifidobacterium Bifidum Rosell- 71 (CNCM-I-3426), Lactobacillus paracasei Lafti L26 (CBS-116412), and optionally Vitamin B (Paragraph 0203, 0429-- Lactobacillus helveticus R0052…; paragraph 0079, 0253, 0326, 0344, 0383--The functional food composition can include a multivitamin wherein the multivitamin compound is at least two of the group consisting of vitamin A, vitamin B1, vitamin B2, vitamin B3, vitamin B5, vitamin B6, vitamin B9, vitamin B12…).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to suggest a particular nutritional supplement as disclosed by Horn as a matter of simple substitution of known elements in the art, in this case, the substitution of different nutritional supplements which may improve stress in a user. It additionally would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to include the particular nutritional supplements of Horn in order to predictably improve the method by providing supplements which include additional benefits, such as improving treatment of chronic conditions or improving health of the digestive tract as disclosed by Horn.
Regarding claim 11, the combination of Goldstein and Horn teaches the computer implemented method according to claim 6. Goldstein generally teaches a nutrition supplement for improving stress (Page 1, line 9-20 and Page 2, line 4-9—nutrition additive items (edibles) having active ingredients, selected to address the user’s wellbeing profile).
However, Goldstein does not explicitly disclose wherein the nutritional supplement has a composition further comprising L- theanine and/or Ashwagandha.
Horn, in related art of providing nutrition additives to relieve stress (Paragraph 0210, 0370-0373, 0437), discloses a nutritional supplement wherein the nutritional supplement has a composition further comprising L- theanine and/or Ashwagandha (Paragraph 0037, 0207, 0246, 0252, 0255-- The functional food composition can include at least one of the group consisting …ashwagandha extract… Compositions described herein include prebiotics and probiotics for maintenance and treatment of gastrointestinal health. If desired, additional compounds are included in the functional food composition to improve or maintain healthy conditions in the digestive tract. Additional compounds can be…ashwaganda… green tea extract).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to suggest a particular nutritional supplement as disclosed by Horn as a matter of simple substitution of known elements in the art, in this case, the substitution of different nutritional supplements which may improve stress in a user. It additionally would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to include the particular nutritional supplements of Horn in order to predictably improve the method by providing supplements which include additional benefits, such as improving treatment of chronic conditions or improving health of the digestive tract as disclosed by Horn.
Regarding claim 16, Goldstein teaches the health and wellbeing improvement kit according to claim 15. Goldstein generally teaches a nutrition supplement for improving stress (Page 1, line 9-20 and Page 2, line 4-9—nutrition additive items (edibles) having active ingredients, selected to address the user’s wellbeing profile).
However, Goldstein does not explicitly disclose wherein the nutritional supplement has a composition comprising at least one bacterial strain of the species Lactobacillus helveticus, Bifidobacterium longum, Bifidobacterium Bifidum, Lactobacillus plantarum and/or Lactobacillus paracasei.
Horn, in related art of providing nutrition additives to relieve stress (Paragraph 0210, 0370-0373, 0437), discloses a nutritional supplement wherein the nutritional supplement has a composition comprising at least one bacterial strain of the species Lactobacillus helveticus, Bifidobacterium longum, Bifidobacterium Bifidum, Lactobacillus plantarum and/or Lactobacillus paracasei (Paragraph 0203, 0429--Probiotics for use in the foods described herein include, but are not limited to… Bifidobacterium bifidum…Bifidobacterium longum…Lactobacillus helveticus…Lactobacillus plantarum… Lactobacillus paracasei).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to suggest a particular nutritional supplement as disclosed by Horn as a matter of simple substitution of known elements in the art, in this case, the substitution of different nutritional supplements which may improve stress in a user.
Regarding claim 17, Goldstein teaches the health and wellbeing improvement kit according to claim 15. Goldstein generally teaches a nutrition supplement for improving stress (Page 1, line 9-20 and Page 2, line 4-9—nutrition additive items (edibles) having active ingredients, selected to address the user’s wellbeing profile).
However, Goldstein does not explicitly disclose wherein the nutritional supplement has a composition comprising Lactobacillus helveticus Rosell- 52 (CNCM-I-1722), Bifidobacterium Bifidum Rosell- 71 (CNCM-I-3426), Bifidobacterium longum Rosell-175 (CNCM-I-3470), Lactobacillus plantarum Rosell-1012 (CNCM-I-3736), and/or Lactobacillus paracasei Lafti L26 (CBS-116412).
Horn, in related art of providing nutrition additives to relieve stress (Paragraph 0210, 0370-0373, 0437), discloses a nutritional supplement wherein the nutritional supplement has a composition comprising Lactobacillus helveticus Rosell- 52 (CNCM-I-1722), Bifidobacterium Bifidum Rosell- 71 (CNCM-I-3426), Bifidobacterium longum Rosell-175 (CNCM-I-3470), Lactobacillus plantarum Rosell-1012 (CNCM-I-3736), and/or Lactobacillus paracasei Lafti L26 (CBS-116412) (Paragraph 0203, 0429-- Lactobacillus helveticus R0052…).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to suggest a particular nutritional supplement as disclosed by Horn as a matter of simple substitution of known elements in the art, in this case, the substitution of different nutritional supplements which may improve stress in a user.
Regarding claim 18, the combination of Goldstein and Horn teaches the health and wellbeing improvement kit according to claim 16. Goldstein generally teaches a nutrition supplement for improving stress (Page 1, line 9-20 and Page 2, line 4-9—nutrition additive items (edibles) having active ingredients, selected to address the user’s wellbeing profile).
However, Goldstein fails to explicitly disclose wherein the nutritional supplement further comprises an antioxidant, namely L- glutathione, a pre-biotic, and a metal salt.
Horn, in related art of providing nutrition additives to relieve stress (Paragraph 0210, 0370-0373, 0437), discloses a nutritional supplement wherein the nutritional supplement further comprises an antioxidant, namely L- glutathione, a pre-biotic, and a metal salt (Paragraph 0036, 0070, 0081, 0115-0116, 0253—an antioxidant; paragraph 0185-0196, 0201, 0205-0209—prebiotic… The effectiveness of probiotic treatment is enhanced through the use of a prebiotic that is consumed with a probiotic…; paragraph 0227, 0264, 0274-0276—salts… The functional food compositions for use in skeletal health and nutrition described herein include, but are not limited to, bioavailable forms of vitamin D and/or other calcium uptake enhancers, calcium/calcium salts, magnesium/magnesium salts).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to suggest a particular nutritional supplement as disclosed by Horn as a matter of simple substitution of known elements in the art, in this case, the substitution of different nutritional supplements which may improve stress in a user. It additionally would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to include the particular nutritional supplements of Horn in order to predictably improve the method by providing supplements which include additional benefits, such as improving the effectiveness of probiotic treatment or supporting skin health as disclosed by Horn.
Regarding claim 19, the combination of Goldstein and Horn teaches the health and wellbeing improvement kit according to claim 16. Goldstein generally teaches a nutrition supplement for improving stress (Page 1, line 9-20 and Page 2, line 4-9—nutrition additive items (edibles) having active ingredients, selected to address the user’s wellbeing profile).
However, Goldstein does not explicitly disclose wherein the nutritional supplement comprises Lactobacillus helveticus Rosell- 52 (CNCM-I-1722), Bifidobacterium longum Rosell-175 (CNCM-I-3470), Bifidobacterium Bifidum Rosell- 71 (CNCM-I-3426), Lactobacillus paracasei Lafti L26 (CBS-116412), and Vitamin B.
Horn, in related art of providing nutrition additives to relieve stress (Paragraph 0210, 0370-0373, 0437), discloses a nutritional supplement wherein the nutritional supplement comprises Lactobacillus helveticus Rosell- 52 (CNCM-I-1722), Bifidobacterium longum Rosell-175 (CNCM-I-3470), Bifidobacterium Bifidum Rosell- 71 (CNCM-I-3426), Lactobacillus paracasei Lafti L26 (CBS-116412), and Vitamin B (Paragraph 0203, 0429-- Lactobacillus helveticus R0052…; paragraph 0079, 0253, 0326, 0344, 0383--The functional food composition can include a multivitamin wherein the multivitamin compound is at least two of the group consisting of vitamin A, vitamin B1, vitamin B2, vitamin B3, vitamin B5, vitamin B6, vitamin B9, vitamin B12…).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to suggest a particular nutritional supplement as disclosed by Horn as a matter of simple substitution of known elements in the art, in this case, the substitution of different nutritional supplements which may improve stress in a user. It additionally would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to include the particular nutritional supplements of Horn in order to predictably improve the method by providing supplements which include additional benefits, such as improving treatment of chronic conditions or improving health of the digestive tract as disclosed by Horn.
Regarding claim 20, the combination of Goldstein and Horn teaches the health and wellbeing improvement kit according to claim 16. Goldstein generally teaches a nutrition supplement for improving stress (Page 1, line 9-20 and Page 2, line 4-9—nutrition additive items (edibles) having active ingredients, selected to address the user’s wellbeing profile).
However, Goldstein does not explicitly disclose wherein the nutritional supplement has a composition further comprising L- theanine and/or Ashwagandha.
Horn, in related art of providing nutrition additives to relieve stress (Paragraph 0210, 0370-0373, 0437), discloses a nutritional supplement wherein the nutritional supplement has a composition further comprising L- theanine and/or Ashwagandha (Paragraph 0037, 0207, 0246, 0252, 0255-- The functional food composition can include at least one of the group consisting …ashwagandha extract… Compositions described herein include prebiotics and probiotics for maintenance and treatment of gastrointestinal health. If desired, additional compounds are included in the functional food composition to improve or maintain healthy conditions in the digestive tract. Additional compounds can be…ashwaganda… green tea extract).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to suggest a particular nutritional supplement as disclosed by Horn as a matter of simple substitution of known elements in the art, in this case, the substitution of different nutritional supplements which may improve stress in a user. It additionally would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to include the particular nutritional supplements of Horn in order to predictably improve the method by providing supplements which include additional benefits, such as improving treatment of chronic conditions or improving health of the digestive tract as disclosed by Horn.
Regarding claim 22, Goldstein teaches the health and wellbeing improvement kit according to claim 15. Goldstein generally teaches a nutrition supplement for improving stress (Page 1, line 9-20 and Page 2, line 4-9—nutrition additive items (edibles) having active ingredients, selected to address the user’s wellbeing profile).
However, Goldstein does not explicitly disclose wherein the nutritional supplement has a composition comprising Lactobacillus helveticus Rosell- 52 (CNCM-I-1722), Bifidobacterium Bifidum Rosell- 71 (CNCM-I-3426), Bifidobacterium longum Rosell-175 (CNCM-I-3470) and Lactobacillus paracasei Lafti L26 (CBS-116412), and optionally vitamin B.
Horn, in related art of providing nutrition additives to relieve stress (Paragraph 0210, 0370-0373, 0437), discloses a nutritional supplement wherein the nutritional supplement has a composition comprising Lactobacillus helveticus Rosell- 52 (CNCM-I-1722), Bifidobacterium Bifidum Rosell- 71 (CNCM-I-3426), Bifidobacterium longum Rosell-175 (CNCM-I-3470) and Lactobacillus paracasei Lafti L26 (CBS-116412), and optionally vitamin B (Paragraph 0203, 0429-- Lactobacillus helveticus R0052…; paragraph 0079, 0253, 0326, 0344, 0383--The functional food composition can include a multivitamin wherein the multivitamin compound is at least two of the group consisting of vitamin A, vitamin B1, vitamin B2, vitamin B3, vitamin B5, vitamin B6, vitamin B9, vitamin B12…).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to suggest a particular nutritional supplement as disclosed by Horn as a matter of simple substitution of known elements in the art, in this case, the substitution of different nutritional supplements which may improve stress in a user. It additionally would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to include the particular nutritional supplements of Horn in order to predictably improve the method by providing supplements which include additional benefits, such as improving treatment of chronic conditions or improving health of the digestive tract as disclosed by Horn.
Claim(s) 10 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goldstein in view of Horn, further in view of Gaudout (US 20230201297 A1).
Regarding claim 10, the combination of Goldstein and Horn teaches the computer implemented method according to claim 7. Goldstein generally teaches a nutrition supplement for improving stress (Page 1, line 9-20 and Page 2, line 4-9—nutrition additive items (edibles) having active ingredients, selected to address the user’s wellbeing profile).
However, Goldstein does not explicitly disclose wherein the nutritional supplement has a composition comprising Lactobacillus helveticus Rosell- 52 (CNCM-I-1722), Bifidobacterium longum Rosell-175 (CNCM-I-3470), Bifidobacterium Bifidum Rosell- 71 (CNCM-I-3426), Lactobacillus paracasei Lafti L26 (CBS-116412).
Horn, in related art of providing nutrition additives to relieve stress (Paragraph 0210, 0370-0373, 0437), discloses a nutritional supplement wherein the nutritional supplement has a composition comprising Lactobacillus helveticus Rosell- 52 (CNCM-I-1722), Bifidobacterium longum Rosell-175 (CNCM-I-3470), Bifidobacterium Bifidum Rosell- 71 (CNCM-I-3426), Lactobacillus paracasei Lafti L26 (CBS-116412) and optionally additional elements (Paragraph 0203, 0429-- Lactobacillus helveticus R0052…; paragraph 0079, 0253, 0326, 0344, 0383--The functional food composition can include a multivitamin wherein the multivitamin compound is at least two of the group consisting of vitamin A, vitamin B1, vitamin B2, vitamin B3, vitamin B5, vitamin B6, vitamin B9, vitamin B12…).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to suggest a particular nutritional supplement as disclosed by Horn as a matter of simple substitution of known elements in the art, in this case, the substitution of different nutritional supplements which may improve stress in a user. It additionally would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to include the particular nutritional supplements of Horn in order to predictably improve the method by providing supplements which include additional benefits, such as improving treatment of chronic conditions or improving health of the digestive tract as disclosed by Horn.
However, the combination fails to disclose the supplement optionally comprising saffron extract.
Gaudout, in related art of nutritional supplements for improving stress in a user (Paragraphs 0001-0020), teaches a nutritional supplement comprising lactobacillus helveticus, bifidobacterium longum, lactobacillus paracasei, and optionally saffron extract (Paragraph 0070-0075-- bacterium is preferably selected from the bacteria of the following species …lactobacillus paracasei, lactobacillus helveticus, bifidobacterium bifidum…bifidobacterium longum… and the mixtures thereof; paragraph 0064-0066, 0086-0087, 0104, 0210-0213—saffron extract).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to suggest a particular nutritional supplement as disclosed by Gaudout as a to predictably improve the recommended nutritional supplements by including additional elements which may improve stress in a user.
Regarding claim 21, Goldstein teaches the health and wellbeing improvement kit according to claim 15. Goldstein generally teaches a nutrition supplement for improving stress (Page 1, line 9-20 and Page 2, line 4-9—nutrition additive items (edibles) having active ingredients, selected to address the user’s wellbeing profile).
However, Goldstein does not explicitly disclose wherein the nutritional supplement has a composition comprising Lactobacillus helveticus Rosell- 52 (CNCM-I-1722), Bifidobacterium longum Rosell-175 (CNCM-I-3470), Lactobacillus paracasei Lafti L26 (CBS-116412).
Horn, in related art of providing nutrition additives to relieve stress (Paragraph 0210, 0370-0373, 0437), discloses a nutritional supplement wherein the nutritional supplement has a composition comprising Lactobacillus helveticus Rosell- 52 (CNCM-I-1722), Bifidobacterium longum Rosell-175 (CNCM-I-3470), Lactobacillus paracasei Lafti L26 (CBS-116412) and other functional elements (Paragraph 0203, 0429-- Lactobacillus helveticus R0052…; paragraph 0079, 0253, 0326, 0344, 0383--The functional food composition can include a multivitamin wherein the multivitamin compound is at least two of the group consisting of vitamin A, vitamin B1, vitamin B2, vitamin B3, vitamin B5, vitamin B6, vitamin B9, vitamin B12…).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to suggest a particular nutritional supplement as disclosed by Horn as a matter of simple substitution of known elements in the art, in this case, the substitution of different nutritional supplements which may improve stress in a user. It additionally would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to include the particular nutritional supplements of Horn in order to predictably improve the method by providing supplements which include additional benefits, such as improving treatment of chronic conditions or improving health of the digestive tract as disclosed by Horn.
However, the combination fails to disclose the supplement comprising saffron extract.
Gaudout, in related art of nutritional supplements for improving stress in a user (Paragraphs 0001-0020), teaches a nutritional supplement comprising lactobacillus helveticus, bifidobacterium longum, lactobacillus paracasei, and optionally saffron extract (Paragraph 0070-0075-- bacterium is preferably selected from the bacteria of the following species …lactobacillus paracasei, lactobacillus helveticus, bifidobacterium bifidum…bifidobacterium longum… and the mixtures thereof; paragraph 0064-0066, 0086-0087, 0104, 0210-0213—saffron extract).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Goldstein to suggest a particular nutritional supplement as disclosed by Gaudout as a to predictably improve the recommended nutritional supplements by including additional elements which may improve stress in a user.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA ROBERTS whose telephone number is (571)272-7912. The examiner can normally be reached M-F 8:30-4:30 EST.
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/ANNA ROBERTS/Examiner, Art Unit 3791
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