DETAILED ACTION
The present office action represents a final action on the merits.
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
This application claims the priority date of foreign application EP22180160.8 of June 21, 2022 and of 371 of PCT/EP2023/065928 of June 14, 2023.
Status of Claims
Claims 1-3, 5-7, and 11-15 are amended, claims 16-20 are new, and claims 1-20 are pending.
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 1-20 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.
Claims 1-12 and 19-20 are drawn to a computer implemented method for communicating an infant milk management recommendation, which is within the four statutory categories (i.e., process). Claim 13 is drawn to a non-transitory computer readable medium, which is within the four statutory categories (i.e., machine). Claims 14-18 are drawn to an infant milk management system, which is within the four statutory categories (i.e., machine).
Claims 1-12 and 19-20 recite a computer implemented method for communicating an infant milk management recommendation to a user, the method comprising:
monitoring, over time, data indicative of a temperature of each quantity of milk in a reserve of infant milk;
receiving a user preference value indicative of a user's preference for managing the reserve of infant milk;
determining said infant milk management recommendation at least partly based on said data monitored over time and said user preference value; and
communicating the infant milk management recommendation to the user for providing one or more quantities of milk in the reserve of infant milk to an infant according to the infant milk management recommendation.
Claim 13 recites a non-transitory computer readable medium storing computer program code for infant milk management which, when executed on a computing device having a processing system, causes the processing system to:
monitor, over time, data indicative of a temperature of each quantity of milk in a reserve of infant milk;
receive a user preference value indicative of a user's preference for managing the reserve of infant milk;
determine the infant milk management recommendation at least partly based on the data monitored over time and the user preference value; and
communicate the infant milk management recommendation to the user for providing one or more quantities of milk in the reserve of infant milk to an infant according to the infant milk management recommendation.
Claims 14-18 recite an infant milk management system comprising:
a processing system configured to:
monitor, over time, data indicative of a temperature of each quantity of milk in a reserve of infant milk;
receive a user preference value indicative of a user's preference for managing the reserve of infant milk;
determine said infant milk management recommendation at least partly based on said data monitored over time and said user preference value; and
control one or more user interfaces to communicate the infant milk management recommendation to the user;
optionally wherein said data comprises temperature sensor data generated by at least one temperature sensor for providing one or more quantities of milk in the reserve of infant milk to an infant according to the infant milk management recommendation.
The bolded limitations, given the broadest reasonable interpretation, cover a certain method of organizing human activity or mathematical concepts, but for the recitation of generic computer components (e.g., in this case communicating an infant milk management recommendation). The underlined limitations are not part of the identified abstract idea (the method of organizing human activity or mathematical concepts) and are deemed “additional elements,” and will be discussed in further detail below.
Dependent claims 2-12 and 15-20 are similarly rejected because they either further define/narrow the abstract idea and/or do not further limit the claim to a practical application or provide as inventive concept such that the claims are subject matter eligible even when considered individually or as an ordered combination. These limitations only serve to further limit the abstract idea (or contain the same additional elements found in the independent claim), and hence are nonetheless directed towards fundamentally the same abstract idea as independent claims 1, 13, and 14.
The dependent claims recite additional limitations, but these only serve to further limit the abstract idea, and hence are nonetheless directed towards fundamentally the same abstract idea as independent claims 1, 13, and 14.
The additional elements from claim 13 include:
non-transitory computer readable medium storing computer program code for infant milk management which, when executed on a computing device having a processing system, causes the processing system to (apply it, MPEP 2106.05(f)).
The additional elements from claim 14 include:
an infant milk management system (apply it, MPEP 2106.05(f)).
a processing system (apply it, MPEP 2106.05(f)).
one or more user interfaces (apply it, MPEP 2106.05(f)).
at least one temperature sensor (apply it, MPEP 2106.05(f)).
The dependent claims include the following additional elements beyond those recited in the independent claims:
computer program comprising computer program code (apply it, MPEP 2106.05(f)).
a computing device (apply it, MPEP 2106.05(f)).
These additional elements, in the independent claims are not integrated into a practical application because the additional elements (i.e., the limitations not identified as part of the abstract idea) amount to no more than limitations which:
amount to mere instructions to apply an exception – for example, the recitation of “an infant milk management system, a processing system, one or more user interfaces, at least one temperature sensor, computer program comprising computer program code, a computing device”, which amounts to merely invoking a computer as a tool to perform the abstract idea e.g., see Specification Pages [0007] and [0013]-[0017] (See MPEP 2106.05(f)).
Furthermore, the claims do not include additional elements that are sufficient to amount to “significantly more” than the judicial exception because, the additional elements (i.e., the elements other than the abstract idea) amount to no more than limitations which:
amount to elements that have been recognized as well-understood, routine, and conventional activity in particular fields, as demonstrated by:
The Specification discloses that the additional elements are well-understood, routine, and conventional in nature (i.e., the Pages [0007] and [0013]-[0017] discloses that the additional elements (i.e., an infant milk management system, a processing system, one or more user interfaces, at least one temperature sensor, computer program comprising computer program code, a computing device) comprise a plurality of different types of generic computing systems that are configured to perform generic computer functions that are well understood routine, and conventional activities previously known to the pertinent industry (i.e., healthcare, milk management method);
Relevant court decisions: The following example of court decision demonstrating well understood, routine and conventional activities, e.g., see MPEP 2106.05(d)(II): See e.g. Amdocs (Israel), Ltd. v. Openet Telecom, Inc., 841 F.3d 1288, 1316, 120 USPQ2d 1527, 1549 (Fed. Cir. 2016), BASCOM Global Internet Servs. v. AT&T Mobility LLC, 827 F.3d 1341, 1348, 119 USPQ2d 1236, 1241 (Fed. Cir. 2016). Courts have held computer‐implemented processes not to be significantly more than an abstract idea (and thus ineligible) where the claim as a whole amounts to nothing more than generic computer functions merely used to implement an abstract idea, such as an idea that could be done by a human analog (i.e., by hand or by merely thinking) – similarly, the current invention communicates an infant management recommendation to a user using a system, computer program, and sensor.
Dependent claims 2-12 and 15-20 include other limitations, but none of these functions are deemed significantly more than the abstract idea. Thus, taken alone, the additional elements do not amount to “significantly more” than the above identified abstract idea. Furthermore, looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually, and there is no indication that the combination of elements improves any other technology, and their collective functions merely provide conventional computer implementation.
The application, is an attempt to organize human activity and mathematical concepts, using systems and methods for remote medical assistance. The inventive concept is mathematical modeling for prediction of occupational task readiness and enhancement of incentives for rehabilitation into occupational task readiness, which is not patentable. Therefore, whether taken individually or as an ordered combination, claims 1-20 are nonetheless rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
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 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.
Claims 1-5, 7-16, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Mintzer (U.S. Pub. No. 2019/0189271 A1) in view of Alvarez (U.S. Pub. No. 2016/0082165 A1).
Regarding claim 1, Mintzer discloses a computer implemented method for communicating an infant milk management to a user, the method comprising (Paragraphs [0006] and [0012] discuss a method for breast milk management to ensure proper administration of the milk.):
monitoring, over time, data indicative of a temperature of each milk in a reserve of infant milk (Paragraphs [0019], [0034], [0055], and FIG. 5 discuss monitoring temperature and shelf life of a containers with breast milk over time.);
determining said infant milk management at least partly based on said data monitored over time and said user preference value (Paragraphs [0006], [0033], [0036]-[0037] discuss time data and tracking device, tracking shelf life and usage rate of the bottles to ensure the oldest milk is used first and that the expired milk is discarded; tracking handling parameters.).
Mintzer does not explicitly disclose:
communicating an infant milk management recommendation;
monitoring, over time, data indicative of a temperature of each quantity of milk;
receiving a user preference value indicative of a user's preference for managing the reserve of infant milk;
communicating the infant milk management recommendation to the user for providing one or more quantities of milk in the reserve of infant milk to an infant according to the infant milk management recommendation.
Alvarez teaches:
communicating the infant milk management recommendation to the user (Paragraphs [0168]-[0170] discuss the device may simply present the selected unique identifier to the user via its display, and the user may visually identify and select the bag bearing the corresponding identifier from her inventory. The user can then withdraw the recommended bag from inventory so that the milk inventory is updated.);
monitoring, over time, data indicative of a temperature of each quantity of milk (Paragraphs [0012]-[0013], [0033], and [0102] discuss attribute of the expressed breast milk quantified by the sensor is a volume collected, a time of the pump session, and updating the volume.);
receiving a user preference value indicative of a user's preference for managing the reserve of infant milk (Paragraph [0168] discuss when the stored milk is ready to be fed to an infant, the user may utilize the peripheral device to determine which batch of expressed milk to select.);
communicating the infant milk management recommendation to the user for providing one or more quantities of milk in the reserve of infant milk to an infant according to the infant milk management recommendation (Paragraphs [0018], [0168]-[0170], and [0192] discuss volume of breast milk collected is quantified and a unique identifier comprises a user-assigned, manually labeled identifier, the peripheral device may simply present the selected unique identifier to the user via its display, and the user may visually identify and select the bag bearing the corresponding identifier from her inventory. The user can then withdraw the recommended bag from inventory so that the milk inventory is updated, for example, the application may perform a check of the inventory every evening, and recommend that the user move some inventory from the freezer to the refrigerator if the inventory shows little or no milk stored in the refrigerator or the application may periodically check the inventory for items expiring within a short window of time (e.g., within 24 hours), and remind the user to feed this milk within said window of time and/or move the inventory item from the freezer to the refrigerator such that the milk may be fed.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Mintzer to include, communicating the infant milk management recommendation to the user, monitoring, over time, data indicative of a temperature of each quantity of milk, receiving a user preference value indicative of a user's preference for managing the reserve of infant milk, and communicating the infant milk management recommendation to the user for providing one or more quantities of milk in the reserve of infant milk to an infant according to the infant milk management recommendation, as taught by Alvarez, in order to provide a way for users to automatically keep track of the expressed milk inventory (Alvarez Paragraph [0005]).
Regarding claim 2, Mintzer discloses wherein said data comprises temperature sensor data generated by at least one temperature sensor (Paragraphs [0034] and [0037] discuss temperature sensor and temperature data.).
Regarding claim 3, Mintzer does not explicitly disclose further comprising receiving timestamp data indicating when each quantity of milk was expressed, the determining said infant milk management recommendation being partly based on said timestamp data.
Alvarez teaches:
further comprising receiving timestamp data indicating when each quantity of milk was expressed, the determining said infant milk management recommendation being partly based on said timestamp data (Paragraphs [0029], [0102], and [0168]-[0170] discuss measure and track various characteristics of the collected fluid such as milk expression and collection, such as the amount of milk production (e.g., volume, weight), expressed frequency (e.g., time, date), expression duration and unique identifier comprises a user-assigned, manually labeled identifier, the peripheral device may simply present the selected unique identifier to the user via its display, and the user may visually identify and select the bag bearing the corresponding identifier from her inventory using a first-in, first-out system of organization, the user can then withdraw the recommended bag from inventory so that the milk inventory is updated.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Mintzer to include, further comprising receiving timestamp data indicating when each said quantity of milk was expressed, the determining said infant milk management recommendation being partly based on said timestamp data, as taught by Alvarez, in order to provide a way for users to automatically keep track of the expressed milk inventory (Alvarez Paragraph [0005]).
Regarding claim 4, Mintzer does not explicitly disclose further comprising receiving an outcome value indicative of an outcome of previous management of the reserve of infant milk, the determining said infant milk management recommendation being partly based on said outcome value.
Alvarez teaches:
further comprising receiving an outcome value indicative of an outcome of previous management of the reserve of infant milk, the determining said infant milk management recommendation being partly based on said outcome value (Paragraphs [0029], [0105], and [0168]-[0170] discuss track and manage expressed milk inventory and identify and select the bag bearing the corresponding identifier from her inventory using a first-in, first-out system of organization, the user can then withdraw the recommended bag from inventory so that the milk inventory is updated, further the attributes of the expressed milk from the multiple pumping sessions may be combined, the volume of expressed milk from each of the multiple pumping sessions may be added together to generate a total volume that is associated with the single unique identifier.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Mintzer to include, further comprising receiving an outcome value indicative of an outcome of previous management of the reserve of infant milk, the determining said infant milk management recommendation being partly based on said outcome value, as taught by Alvarez, in order to provide a way for users to automatically keep track of the expressed milk inventory (Alvarez Paragraph [0005]).
Regarding claim 5, Mintzer discloses wherein said outcome comprises one or more of:
an expiry date of infant milk having elapsed without the infant milk having been fed to the infant (Paragraph [0036] discusses container tracking device and the timer can identify containers that have expired.).
Mintzer does not explicitly disclose:
a measure of quality of a quantity of milk previously recommended for feeding to an infant.
Alvarez teaches:
a measure of quality of a quantity of milk previously recommended for feeding to an infant (Paragraphs [0102] and [0170] discuss updating the volume of expressed milk and user can withdraw the recommendation bag from inventory so that the milk inventory is updated and the system can identify expired milk and help ensure that it is discarded.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Mintzer to include, a measure of quality of a quantity of milk previously recommended for feeding to an infant, as taught by Alvarez, in order to provide a way for users to automatically keep track of the expressed milk inventory (Alvarez Paragraph [0005]).
Regarding claim 7, Mintzer discloses wherein said user preference value is indicative of the user's preference for either minimising a risk of milk spoilage or maximising freshness of milk taken from the reserve of infant milk to feed to an infant (Paragraph [0036] discusses the container tracking device includes a timer that provides time data for monitoring the age of the container contents as well as providing a means to compare the dates of the containers, ensuring the oldest container is consumed first, or that the newest container is consumed first, or assist in identifying containers that have remained beyond their expiration date, and should not be administered, depending on what the user desires.).
Regarding claim 8, Mintzer does not explicitly disclose wherein said infant milk management recommendation comprises an indication of an order in which quantities of the milk are to be fed to an infant.
Alvarez teaches:
wherein said infant milk management recommendation comprises an indication of an order in which quantities of the milk are to be fed to an infant (Paragraphs [0029], [0102], and [0168]-[0170] discuss updating the volume of expressed milk and user can withdraw the recommendation bag from inventory so that the milk inventory is updated and the system can identify expired milk and help ensure that it is discarded and identify and select the bag bearing the corresponding identifier from her inventory using a first-in, first-out system of organization, the user can then withdraw the recommended bag from inventory so that the milk inventory is updated.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Mintzer to include, wherein said infant milk management recommendation comprises an indication of an order in which quantities of the milk are to be fed to an infant, as taught by Alvarez, in order to provide a way for users to automatically keep track of the expressed milk inventory (Alvarez Paragraph [0005]).
Regarding claim 9, Mintzer does not explicitly disclose wherein said communicating comprises controlling one or more user interfaces to indicate next-to-be-used quantity or quantities of milk of the reserve of infant milk.
Alvarez teaches:
wherein said communicating comprises controlling one or more user interfaces to indicate next-to-be-used quantity or quantities of milk of the reserve of infant milk (Paragraphs [0026], [0029], [0032], [0102], and [0168]-[0170], FIG. 12 discuss the inventory management displays a list of inventory items a user can select updating the volume of expressed milk and user can withdraw the recommendation bag from inventory so that the milk inventory is updated and the system can identify expired milk and help ensure that it is discarded and identify and select the bag bearing the corresponding identifier from her inventory using a first-in, first-out system of organization, the user can then withdraw the recommended bag from inventory so that the milk inventory is updated.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Mintzer to include, wherein said communicating comprises controlling one or more user interfaces to indicate next-to-be-used quantity or quantities of milk of the reserve of infant milk, as taught by Alvarez, in order to provide a way for users to automatically keep track of the expressed milk inventory (Alvarez Paragraph [0005]).
Regarding claim 10, Mintzer does not explicitly disclose wherein said one or more user interfaces comprises an indicator associated with each said quantity of milk, said communicating comprising selectively controlling the indicator or indicators of the next-to-be-used quantity or quantities to distinguish them from a remainder of the reserve of infant milk.
Alvarez teaches:
wherein said one or more user interfaces comprises an indicator associated with each said quantity of milk, said communicating comprising selectively controlling the indicator or indicators of the next-to-be-used quantity or quantities to distinguish them from a remainder of the reserve of infant milk (Paragraphs [0026], [0032], [0102], [0172], and FIG. 12 discuss the volume of expressed milk and the inventory management displays a list of inventory items and may sort the list in order of first-to-feed to last-to-feed. Sorting in order of first-to-feed to last-to-feed may comprise sorting in order of date of expression, an oldest date of expression is determined to be the first-to-feed, and an inventory item with a newest date of expression is determined to be the last-to-feed, indicating an inventory item as expired if a difference between a current date and a date of expression corresponding to the inventory item exceeds a predetermined expiry threshold and an indicator may indicate which container is to be used next or discarded.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Mintzer to include, wherein said one or more user interfaces comprises an indicator associated with each said quantity of milk, said communicating comprising selectively controlling the indicator or indicators of the next-to-be-used quantity or quantities to distinguish them from a remainder of the reserve of infant milk, as taught by Alvarez, in order to provide a way for users to automatically keep track of the expressed milk inventory (Alvarez Paragraph [0005]).
Regarding claim 11, Mintzer does not explicitly disclose further comprising receiving an amount of milk in each said quantity of milk of the reserve of infant milk, the determining said infant milk management recommendation being partly based on said amount of milk.
Alvarez teaches:
further comprising receiving an amount of milk in each said quantity of milk of the reserve of infant milk, the determining said infant milk management recommendation being partly based on said amount of milk (Paragraphs [0012], [0018], [0029], [0102], [0161], [0163], and [0168]-[0170] discuss sensor unit comprises a volume of the expressed milk and identify and select the bag bearing the corresponding identifier from her inventory using a first-in, first-out system of organization, the user can then withdraw the recommended bag from inventory so that the milk inventory is updated, for example, if child has been fed, the milk form the current pump session is to be stored.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Mintzer to include, further comprising receiving an amount of milk in each said quantity of milk of the reserve of infant milk, the determining said infant milk management recommendation being partly based on said amount of milk, as taught by Alvarez, in order to provide a way for users to automatically keep track of the expressed milk inventory (Alvarez Paragraph [0005]).
Regarding claim 12, Mintzer discloses wherein said infant milk management recommendation comprises a recommendation of a storage temperature condition for storing one or more further milk quantities to be added to the reserve of infant milk (Paragraph [0055] discusses temperature of breast milk over time is compared against an acceptable temperature profile.); and/or
a recommendation of a change to the storage temperature condition of at least one milk quantity in the reserve of infant milk (Paragraph [0055] discusses temperature of breast milk over time is compared against an acceptable temperature profile, for example, breast milk taken from a freezer or a refrigerator should be heated to room temperature or above, but not above about 100° F. An acceptable temperature profile can also evaluate whether the milk experienced so great a temperature in the heating that the milk is no longer acceptable.).
Mintzer does not explicitly disclose:
infant milk management recommendation comprises a recommendation of a storage temperature condition for storing one or more further milk quantities; and/or
a recommendation of a change to the storage temperature condition of at least one milk quantity.
Alvarez teaches:
infant milk management recommendation comprises a recommendation of a storage temperature condition for storing one or more further milk quantities (Paragraphs [0012]-[0013], [0033], and [0102] identify and select the bag bearing the corresponding identifier from her inventory using a first-in, first-out system of organization, the user can then withdraw the recommended bag from inventory so that the milk inventory is updated and attribute of the expressed breast milk quantified by the sensor is a volume collected, a time of the pump session, and updating the volume.); and/or
a recommendation of a change to the storage temperature condition of at least one milk quantity (Paragraphs [0012]-[0013], [0033], and [0102] identify and select the bag bearing the corresponding identifier from her inventory using a first-in, first-out system of organization, the user can then withdraw the recommended bag from inventory so that the milk inventory is updated and attribute of the expressed breast milk quantified by the sensor is a volume collected, a time of the pump session, and updating the volume.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Mintzer to include, infant milk management recommendation comprises a recommendation of a storage temperature condition for storing one or more further milk quantities and wherein said infant milk management recommendation comprises a recommendation of a change to a storage temperature condition of at least one milk quantity, as taught by Alvarez, in order to provide a way for users to automatically keep track of the expressed milk inventory (Alvarez Paragraph [0005]).
Regarding claim 13, Mintzer discloses:
monitor, over time, data indicative of a temperature of each milk in a reserve of infant milk (Paragraphs [0019], [0034], [0055], and FIG. 5 discuss monitoring temperature and shelf life of a containers with breast milk over time.);
determine the infant milk management recommendation at least partly based on the data monitored over time and the user preference value (Paragraphs [0006], [0033], [0036]-[0037] discuss time data and tracking device, tracking shelf life and usage rate of the bottles to ensure the oldest milk is used first and that the expired milk is discarded; tracking handling parameters.).
Mintzer does not explicitly disclose:
a non-transitory computer readable medium storing computer program code for infant milk management which, when executed on a computing device having a processing system, causes the processing system to;
monitor, over time, data indicative of a temperature of each quantity of milk;
receive a user preference value indicative of a user's preference for managing the reserve of infant milk;
communicate the infant milk management recommendation to the user for providing one or more quantities of milk in the reserve of infant milk to an infant according to the infant milk management recommendation.
Alvarez teaches:
a non-transitory computer readable medium storing computer program code for infant milk management which, when executed on a computing device having a processing system, causes the processing system to (Paragraph [0198] discusses implemented using code that is storable upon storage media and computer readable media, and executable by one or more processors of a computer system.);
monitoring, over time, data indicative of a temperature of each quantity of milk (Paragraphs [0012]-[0013], [0033], and [0102] discuss attribute of the expressed breast milk quantified by the sensor is a volume collected, a time of the pump session, and updating the volume.);
receive a user preference value indicative of a user's preference for managing the reserve of infant milk (Paragraph [0168] discuss when the stored milk is ready to be fed to an infant, the user may utilize the peripheral device to determine which batch of expressed milk to select.);
communicate the infant milk management recommendation to the user for providing one or more quantities of milk in the reserve of infant milk to an infant according to the infant milk management recommendation (Paragraphs [0018], [0168]-[0170], and [0192] discuss volume of breast milk collected is quantified and a unique identifier comprises a user-assigned, manually labeled identifier, the peripheral device may simply present the selected unique identifier to the user via its display, and the user may visually identify and select the bag bearing the corresponding identifier from her inventory. The user can then withdraw the recommended bag from inventory so that the milk inventory is updated, for example, the application may perform a check of the inventory every evening, and recommend that the user move some inventory from the freezer to the refrigerator if the inventory shows little or no milk stored in the refrigerator or the application may periodically check the inventory for items expiring within a short window of time (e.g., within 24 hours), and remind the user to feed this milk within said window of time and/or move the inventory item from the freezer to the refrigerator such that the milk may be fed.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Mintzer to include, a non-transitory computer readable medium storing computer program code for infant milk management which, when executed on a computing device having a processing system, causes the processing system to, monitoring, over time, data indicative of a temperature of each quantity of milk, receive a user preference value indicative of a user's preference for managing the reserve of infant milk, and communicate the infant milk management recommendation to the user for providing one or more quantities of milk in the reserve of infant milk to an infant according to the infant milk management recommendation, as taught by Alvarez, in order to provide a way for users to automatically keep track of the expressed milk inventory (Alvarez Paragraph [0005])
Regarding claim 14, Mintzer discloses an infant milk management system comprising (Paragraph [0007] discusses a tracking system for expressed milk.):
a processing system configured to (Paragraph [0007] discusses a tracking system and a processor.):
monitor, over time, data indicative of a temperature of each milk in a reserve of infant milk (Paragraphs [0019], [0034], [0055], and FIG. 5 discuss monitoring temperature and shelf life of a container over time.);
determine said infant milk management at least partly based on said data monitored over time and said user preference value (Paragraphs [0006], [0033], [0036]-[0037] discuss time data and tracking device, tracking shelf life and usage rate of the bottles to ensure the oldest milk is used first and that the expired milk is discarded; tracking handling parameters.); and
optionally wherein said data comprises temperature sensor data generated by at least one temperature sensor (Paragraphs [0034] and [0037] discuss temperature sensor and temperature data.)..
Mintzer does not explicitly disclose:
monitor, over time, data indicative of a temperature of each quantity of milk;
receive a user preference value indicative of a user's preference for managing the reserve of infant milk;
control one or more user interfaces to communicate the infant milk management recommendation to the user;
for providing one or more quantities of milk in the reserve of infant milk to an infant according to the infant milk management recommendation.
Alvarez teaches:
monitor, over time, data indicative of a temperature of each quantity of milk (Paragraphs [0012]-[0013], [0033], and [0102] discuss attribute of the expressed breast milk quantified by the sensor is a volume collected, a time of the pump session, and updating the volume.);
receive a user preference value indicative of a user's preference for managing the reserve of infant milk (Paragraph [0168] discuss when the stored milk is ready to be fed to an infant, the user may utilize the peripheral device to determine which batch of expressed milk to select.);
control one or more user interfaces to communicate the infant milk management recommendation to the user (Paragraphs [0026], [0029], [0032], [0168]-[0170], and FIG. 12 discuss identify and select the bag bearing the corresponding identifier from her inventory using a first-in, first-out system of organization, the user can then withdraw the recommended bag from inventory so that the milk inventory is updated and the inventory management displays a list of inventory items a user can select.).
for providing one or more quantities of milk in the reserve of infant milk to an infant according to the infant milk management recommendation (Paragraphs [0026], [0029], [0032], [0168]-[0170], and FIG. 12 discuss identify and select the bag bearing the corresponding identifier from her inventory using a first-in, first-out system of organization, the user can then withdraw the recommended bag from inventory so that the milk inventory is updated and the inventory management displays a list of inventory items a user can select.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Mintzer to include, monitor, over time, data indicative of a temperature of each quantity of milk, control one or more user interfaces to communicate the infant milk management recommendation to the user, and for providing one or more quantities of milk in the reserve of infant milk to an infant according to the infant milk management recommendation, as taught by Alvarez, in order to provide a way for users to automatically keep track of the expressed milk inventory (Alvarez Paragraph [0005]).
Regarding claim 15, Mintzer discloses wherein said user preference value is indicative of the user's preference for either minimising a risk of milk spoilage or maximising freshness of milk taken from the reserve of infant milk to feed to an infant (Paragraph [0036] discusses the container tracking device includes a timer that provides time data for monitoring the age of the container contents as well as providing a means to compare the dates of the containers, ensuring the oldest container is consumed first, or that the newest container is consumed first, or assist in identifying containers that have remained beyond their expiration date, and should not be administered, depending on what the user desires.).
Regarding claim 16, Mintzer does not explicitly disclose wherein the processing system is further configured to:
receive timestamp data indicating when each said quantity of milk was expressed, wherein the infant milk management recommendation is determined partly based on the timestamp data.
Alvarez teaches:
wherein the processing system is further configured to (Paragraphs [0010] and [0113] discuss a system for quantifying expressed mile and processing unit configured to.):
receive timestamp data indicating when each said quantity of milk was expressed, wherein the infant milk management recommendation is determined partly based on the timestamp data (Paragraphs [0029], [0102], and [0168]-[0170] discuss measure and track various characteristics of the collected fluid such as milk expression and collection, such as the amount of milk production (e.g., volume, weight), expressed frequency (e.g., time, date), expression duration and unique identifier comprises a user-assigned, manually labeled identifier, the peripheral device may simply present the selected unique identifier to the user via its display, and the user may visually identify and select the bag bearing the corresponding identifier from her inventory using a first-in, first-out system of organization, the user can then withdraw the recommended bag from inventory so that the milk inventory is updated.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Mintzer to include, wherein the processing system is further configured to: receive timestamp data indicating when each said quantity of milk was expressed, wherein the infant milk management recommendation is determined partly based on the timestamp data, as taught by Alvarez, in order to provide a way for users to automatically keep track of the expressed milk inventory (Alvarez Paragraph [0005]).
Regarding claim 18, Mintzer does not explicitly disclose wherein the infant milk management recommendation comprises an indication of an order in which quantities of the milk are to be fed to an infant.
Alvarez teaches:
wherein the infant milk management recommendation comprises an indication of an order in which quantities of the milk are to be fed to an infant (Paragraphs [0029], [0102], and [0168]-[0170] discuss updating the volume of expressed milk and user can withdraw the recommendation bag from inventory so that the milk inventory is updated and the system can identify expired milk and help ensure that it is discarded and identify and select the bag bearing the corresponding identifier from her inventory using a first-in, first-out system of organization, the user can then withdraw the recommended bag from inventory so that the milk inventory is updated.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Mintzer to include, wherein said infant milk management recommendation comprises an indication of an order in which quantities of the milk are to be fed to an infant, as taught by Alvarez, in order to provide a way for users to automatically keep track of the expressed milk inventory (Alvarez Paragraph [0005]).
Regarding claim 19, Mintzer discloses wherein the at least one temperature sensor is associated with each said container of milk so as to generate the temperature sensor data indicative of a temperature of the respective container of milk associated with the temperature sensor (Paragraphs [0034], [0037], and FIG. 2 discuss each container tracking device has a temperature sensor for temperature data.).
Mintzer does not explicitly disclose:
quantity of milk so as to generate the temperature sensor data indicative of a temperature of the respective quantity of milk associated with the temperature sensor.
Alvarez teaches:
quantity of milk so as to generate the temperature sensor data indicative of a temperature of the respective quantity of milk associated with the temperature sensor (Paragraphs [0012]-[0013], [0033], and [0102] discuss attribute of the expressed breast milk quantified by the sensor is a volume collected, a time of the pump session, and updating the volume.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Mintzer to include, quantity of milk so as to generate the temperature sensor data indicative of a temperature of the respective quantity of milk associated with the temperature sensor, as taught by Alvarez, in order to provide a way for users to automatically keep track of the expressed milk inventory (Alvarez Paragraph [0005]).
Claims 6, 17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Mintzer in view of Alvarez and in further view of Worth (U.S. Pub. No. 2024/0028948 A1).
Regarding claim 6, Mintzer does not explicitly disclose wherein the determining said infant milk management recommendation comprises using a reinforcement learning algorithm.
Alvarez teaches:
the determining said infant milk management recommendation (Paragraphs [0029] and [0168]-[0170] discuss unique identifier comprises a user-assigned, manually labeled identifier, the peripheral device may simply present the selected unique identifier to the user via its display, and the user may visually identify and select the bag bearing the corresponding identifier from her inventory using a first-in, first-out system of organization, the user can then withdraw the recommended bag from inventory so that the milk inventory is updated.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Mintzer to include, the determining said infant milk management recommendation, as taught by Alvarez, in order to provide a way for users to automatically keep track of the expressed milk inventory (Alvarez Paragraph [0005]).
Worth teaches:
using a reinforcement learning algorithm (Paragraph [0045] discusses a reinforcement learning algorithm implemented by the machine learning model.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Mintzer to include, using a reinforcement learning algorithm, as taught by Worth, in order to efficiently identify, generate, and implement hierarchical states that achieve a balance between being generalizable while remaining efficient. (Worth Paragraph [0002]).
Regarding claim 17, Mintzer does not explicitly disclose wherein the infant milk management recommendation is determined using a reinforcement learning algorithm.
Alvarez teaches:
wherein the infant milk management recommendation is determined (Paragraphs [0029] and [0168]-[0170] discuss unique identifier comprises a user-assigned, manually labeled identifier, the peripheral device may simply present the selected unique identifier to the user via its display, and the user may visually identify and select the bag bearing the corresponding identifier from her inventory using a first-in, first-out system of organization, the user can then withdraw the recommended bag from inventory so that the milk inventory is updated.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Mintzer to include, wherein the infant milk management recommendation is determined, as taught by Alvarez, in order to provide a way for users to automatically keep track of the expressed milk inventory (Alvarez Paragraph [0005]).
Worth teaches:
using a reinforcement learning algorithm (Paragraph [0045] discusses a reinforcement learning algorithm implemented by the machine learning model.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Mintzer to include, using a reinforcement learning algorithm, as taught by Worth, in order to efficiently identify, generate, and implement hierarchical states that achieve a balance between being generalizable while remaining efficient. (Worth Paragraph [0002]).
Regarding claim 20, Mintzer does not explicitly disclose wherein the reinforcement learning algorithm comprises a model-free reinforcement learning algorithm.
Worth teaches:
wherein the reinforcement learning algorithm comprises a model-free reinforcement learning algorithm (Paragraphs [0045] and [0051] discuss a reinforcement learning algorithm implemented by the machine learning model and machine learning model can be omitted and the management device can implement a model free reinforcement learning algorithm.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Mintzer to include, wherein the reinforcement learning algorithm comprises a model-free reinforcement learning algorithm, as taught by Worth, in order to efficiently identify, generate, and implement hierarchical states that achieve a balance between being generalizable while remaining efficient. (Worth Paragraph [0002]).
Response to Arguments
Applicant’s arguments filed 6/5/26 have been fully considered.
Rejections under 35 U.S.C. 101:
Prong One
With respect to claim 1 and the Prong 1 35 U.S.C. 101 rejection, Applicant’s amendment fails to overcome the previous rejection. Claim 1 as amended recites an abstract idea, a method of organizing human activity. See MPEP 2106.04(a)(2)(II)(C) Managing Personal Behavior or Relationships or Interactions Between People. Applicant states, “the claims clearly do not recite fundamental economic principles or practices or commercial or legal interactions. With regard to methods of organizing human activity, none of the steps for determining and communicating management recommendations to a user regarding infant milk can be properly classified as a social activity, teaching, or following rules or instructions.” (Remarks, page 9). Examiner respectfully disagrees. The Application relates to communicating an infant milk management recommendation to a user and is organizing human activity. The application is not an improvement to the functioning of any additional element, but is an improvement to the abstract idea and does not result in significantly more than the abstract idea. The Application does not contain any benefits improving functionality of an infant milk management system, a processing system, one or more user interfaces, at least one temperature sensor, or the computer program. Applicant states, “Applicant notes that claim 1, for example, does not expressly recite any mathematical relationships, mathematical formulas or equations, or mathematical calculations. Moreover, the recitations that the Office Action asserts recite mathematical concepts are not even based on or involve mathematical concepts. Therefore, the claims do not recite abstract ideas.” (Remarks, page 10). Using a machine learning model to determine a milk management recommendation, is not a technical problem rooted in the technology. The claims use a machine learning model – math to determine the recommendation and as written fail to articulate a technical improvement. The improvement is to the abstract idea.
Prong Two
While practical application is a way to overcome the Prong 2 35 U.S.C. 101 rejection, claim 1 as written fails to result in a practical application. Applicant states, “claim 1, for example, integrates any potential abstract idea into at least the practical application of communicating the infant milk management recommendation to the user for providing one or more quantities of milk in the reserve of infant milk to an infant according to the infant milk management recommendation. This specific application does not serve to monopolize a judicial exception. Further, the claims are directed to this practical application, and not to any alleged abstract ideas.” (Remarks, page 11). Examiner respectfully disagrees. The Application does not contain any benefits improving an infant milk management system, a processing system, one or more user interfaces, at least one temperature sensor, the computer program or any technical field. Here, the application is organizing human activity, directed to the abstract idea of communicating an infant milk management recommendation. The additional elements in claim 1 do not result in a practical application as they are recited at an apply it level, as stated above.
Step 2B
The components are well understood and routine. Applicant states, “ claim 1 recites communicating the infant milk management recommendation to the user for providing one or more quantities of milk in the reserve of infant milk to an infant according to the infant milk management recommendation. Applicant submits that these recitations amount to "significantly more" than the assertedly abstract ideas themselves, transforming the abstract ideas into a patent-eligible application. See, e.g., Alice Corp., 134 S. Ct. at 2357, 110 USPQ2d at 1981 (Syllabus at 3, Slip Op. at 15). Accordingly, even assuming arguendo that the claims may recite certain abstract ideas, the claims are still directed to patent eligible subject matter since they amount to significantly more than the abstract idea itself.” (Remarks, page 13). Examiner respectfully disagrees. Here, the additional elements are well-understood, routine, and conventional and the invention is performed by generic computing components. All components in the claims are being used for their intended purpose and as written do not result in a practical application or significantly more than the abstract idea. For the reasons stated above, claims 13-14 similarly fails to overcome the 35 U.S.C. 101 rejection.
Rejections under 35 U.S.C. 103:
Applicant argues the amendments overcome the previous rejection. Examiner concedes that the amendments overcome the prior rejection. Applicant states, “Mintzer et al. does not teach at least receiving a user preference value indicative of a user's preference for managing the reserve of infant milk. Mintzer et al. does not mention user "preferences" in any capacity.” (Remarks, page 15). Examiner agrees and notes that arguments have been amended above to address the limitation. Further, Applicant’s arguments with respect to amended claim 1 have been considered and the Examiner’s rejection has been amended to address Applicant’s claim 1 amendments.
Applicant’s arguments with respect to claims 1, 13, and 14 have been considered and overcome the previous rejection. Examiner’s rejection has been amended to address Applicant’s claim 1, 13, and 14 amendments.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAWN TRINAH HAYNES whose telephone number is (571)270-5994. The examiner can normally be reached M-F 7:30-5:15PM.
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/DAWN T. HAYNES/
Art Unit 3686
/JASON B DUNHAM/Supervisory Patent Examiner, Art Unit 3686
Prosecution Insights