DETAILED ACTION
Notice to Applicant
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This communication is in response to the application filed 12/24/24. Claims 1-4, 9-11, 17-19, 23-27, and 30-34 are pending.
The IDS filed on 4/29/25 has been considered.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a transceiver unit ; a storage unit; a processing unit; in claims 1, 9, 11,17-19; 27; and 32-34.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 and 19 recite the limitation “transceiver unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. More specifically, the disclosure fails to provide corresponding structures or materials to perform the recited functions Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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 1-4, 9-11, 17-19, 23-27, and 30-34 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.
35 USC 101 enumerates four categories of subject matter that Congress deemed to be appropriate subject matter for a patent: processes, machines, manufactures and compositions of matter. As explained by the courts, these “four categories together describe the exclusive reach of patentable subject matter. If a claim covers material not found in any of the four statutory categories, that claim falls outside the plainly expressed scope of Section 101 even if the subject matter is otherwise new and useful.” In re Nuijten, 500 F.3d 1346, 1354, 84 USPQ2d 1495, 1500 (Fed. Cir. 2007). Step 1 of the eligibility analysis asks: Is the claim to a process, machine, manufacture or composition of matter? Applicant’s claims fall within at least one of the four categories of patent eligible subject matter because claims 1-4, 9-11, and 17-18 are drawn to a method, and claims 19, 23-27, and 30-34 are drawn to a system.
Determining that a claim falls within one of the four enumerated categories of patentable subject matter recited in 35 USC 101 (i.e., process, machine, manufacture, or composition of matter) in Step 1 does not complete the eligibility analysis. Claims drawn only to an abstract idea, a natural phenomenon, and laws of nature are not eligible for patent protection. As described in MPEP 2106, subsection III, Step 2A of the Office’s eligibility analysis is the first part of the Alice/Mayo test, i.e., the Supreme Court’s “framework for distinguishing patents that claim laws of nature, natural phenomena, and abstract ideas from those that claim patent-eligible applications of those concepts.” Alice Corp. Pty. Ltd. v. CLS Bank Int'l,134 S. Ct. 2347, 2355, 110 USPQ2d 1976, 1981 (2014) (citing Mayo, 566 U.S. at 77-78, 101 USPQ2d at 1967-68).
In 2019, the United States Patent and Trademark Office (USPTO) prepared revised guidance (2019 Revised Patent Subject Matter Eligibility Guidance) for use by USPTO personnel in evaluating subject matter eligibility. The framework for this revised guidance, which sets forth the procedures for determining whether a patent claim or patent application claim is directed to a judicial exception (laws of nature, natural phenomena, and abstract ideas), is described in MPEP sections 2106.03 and 2106.04.
As explained in MPEP 2106.04(a)(2), the 2019 Revised Patent Subject Matter Eligibility Guidance explains that abstract ideas can be grouped as, e.g., mathematical concepts, certain methods of organizing human activity, and mental processes. Moreover, this guidance explains that a patent claim or patent application claim that recites a judicial exception is not ‘‘directed to’’ the judicial exception if the judicial exception is integrated into a practical application of the judicial exception. A claim that recites a judicial exception, but is not integrated into a practical application, is directed to the judicial exception under Step 2A and must then be evaluated under Step 2B (inventive concept) to determine the subject matter eligibility of the claim.
Step 2A asks: Does the claim recite a law of nature, a natural phenomenon (product of nature) or an abstract idea? (Prong One) If so, is the judicial exception integrated into a practical application of the judicial exception? (Prong Two) A claim recites a judicial exception when a law of nature, a natural phenomenon, or an abstract idea is set forth or described in the claim. While the terms “set forth” and “describe” are thus both equated with “recite”, their different language is intended to indicate that there are different ways in which an exception can be recited in a claim. For instance, the claims in Diehr set forth a mathematical equation in the repetitively calculating step, while the claims in Mayo set forth laws of nature in the wherein clause, meaning that the claims in those cases contained discrete claim language that was identifiable as a judicial exception. The claims in Alice Corp., however, described the concept of intermediated settlement without ever explicitly using the words “intermediated” or “settlement.” A claim that integrates a judicial exception into a practical application will apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception.
In the instant case, claims 1-4, 9-11, 17-19, 23-27, and 30-34 recite(s) a method and system for certain methods of organizing human activities, which is subject matter that falls within the enumerated groupings of abstract ideas described in MPEP 2106.04 (2019 Revised Patent Subject Matter Eligibility Guidance) Certain methods of organizing human activities includes fundamental economic practices, like insurance; commercial interactions (i.e. legal obligations, marketing or sales activities or behaviors, and business relations). Organizing human activity also encompasses managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions.) The recited method and system are drawn to assessing a patient/user health status.
In particular, claims 1 and 19 recite a method and system for:
analysing, by the processing unit [104], the user data comprising at least one of the demographics data, the physical health data, the mental and emotional health data, and the behavioural health data, based at least on a first set of pre-set rules;
generating, by the processing unit [104], a corresponding composite score for one or more health based dimensions of the user, based on the analysis of the user data;
automatically generating, by the processing unit [104], a health-wellness score of the user based at least on the corresponding composite score for one or more health based dimensions;
automatically generating, by the processing unit [104], the true health-wellness status of the user based on the health-wellness score of the user; and
MENTAL PROCESS-ANALYSIS
Moreover, the language of claims 1 and 19 encompasses performance of the limitations(s) in the mind, but for the recitation of generic computer components.
In the instant case, the limitations of analysing…user data; generating…a composite score; generating… a health-wellness score; and generating …a true health-wellness status, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “by a processing unit,” nothing in the claim element precludes the step from practically being performed in the mind.
For example, but for the “by a processing unit” language, analyzing and generating in the context of this claim encompasses the user manually reviewing the user data and mentally determining a composite score, a health-wellness score and the true-health status of the user.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas.
As explained in MPEP 2106.04(a)(2)(III), the courts consider a mental process (thinking) that "can be performed in the human mind, or by a human using a pen and paper" to be an abstract idea. CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1372, 99 USPQ2d 1690, 1695 (Fed. Cir. 2011). (emphasis added) As the Federal Circuit explained, "methods which can be performed mentally, or which are the equivalent of human mental work, are unpatentable abstract ideas the ‘basic tools of scientific and technological work’ that are open to all.’" 654 F.3d at 1371, 99 USPQ2d at 1694 (citing Gottschalk v. Benson, 409 U.S. 63, 175 USPQ 673 (1972)). See also Mayo Collaborative Servs. v. Prometheus Labs. Inc., 566 U.S. 66, 71, 101 USPQ2d 1961, 1965 ("‘[M]ental processes[] and abstract intellectual concepts are not patentable, as they are the basic tools of scientific and technological work’" (quoting Benson, 409 U.S. at 67, 175 USPQ at 675)); Parker v. Flook, 437 U.S. 584, 589, 198 USPQ 193, 197 (1978).
Accordingly, the "mental processes" abstract idea grouping is defined as concepts performed in the human mind, and examples of mental processes include observations, evaluations, judgments, and opinions.
The courts do not distinguish between mental processes that are performed entirely in the human mind and mental processes that require a human to use a physical aid (e.g., pen and paper or a slide rule) to perform the claim limitation. See, e.g., Benson, 409 U.S. at 67, 65, 175 USPQ at 674-75, 674 (noting that the claimed "conversion of [binary-coded decimal] numerals to pure binary numerals can be done mentally," i.e., "as a person would do it by head and hand."); Synopsys, Inc. v. Mentor Graphics Corp., 839 F.3d 1138, 1139, 120 USPQ2d 1473, 1474 (Fed. Cir. 2016) (holding that claims to a mental process of "translating a functional description of a logic circuit into a hardware component description of the logic circuit" are directed to an abstract idea, because the claims "read on an individual performing the claimed steps mentally or with pencil and paper").
Moreover, courts do not distinguish between claims that recite mental processes performed by humans and claims that recite mental processes performed on a computer. As the Federal Circuit has explained, "[c]ourts have examined claims that required the use of a computer and still found that the underlying, patent-ineligible invention could be performed via pen and paper or in a person’s mind." Versata Dev. Group v. SAP Am., Inc., 793 F.3d 1306, 1335, 115 USPQ2d 1681, 1702 (Fed. Cir. 2015). See also Intellectual Ventures I LLC v. Symantec Corp., 838 F.3d 1307, 1318, 120 USPQ2d 1353, 1360 (Fed. Cir. 2016) (‘‘[W]ith the exception of generic computer-implemented steps, there is nothing in the claims themselves that foreclose them from being performed by a human, mentally or with pen and paper.’’); Mortgage Grader, Inc. v. First Choice Loan Servs. Inc., 811 F.3d 1314, 1324, 117 USPQ2d 1693, 1699 (Fed. Cir. 2016) (holding that computer-implemented method for "anonymous loan shopping" was an abstract idea because it could be "performed by humans without a computer").
This judicial exception is not integrated into a practical application because the claim language does not recite any improvements to the functioning of a computer, or to any other technology or technical field (See MPEP 2106.04(d)(1); see also MPEP 2106.05(a)(I-II)). Moreover, the claims do not integrate the judicial exception into a practical application because the claimed invention does not: apply the judicial exception with, or by use of, a particular machine (see MPEP 2106.05(b)); effect a transformation or reduction of a particular article to a different state or thing (see MPEP 2106.05(c)); or apply or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment see MPEP 2106.05(e). (Considerations for integration into a practical application in Step 2A, prong two and for recitation of significantly more than the judicial exception in Step 2B)
While abstract ideas, natural phenomena, and laws of nature are not eligible for patenting by themselves, claims that integrate these exceptions into an inventive concept are thereby transformed into patent-eligible inventions. Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 134 S. Ct. 2347, 2354, 110 USPQ2d 1976, 1981 (2014) (citing Mayo Collaborative Servs. v. Prometheus Labs., Inc., 566 U.S. 66, 71-72, 101 USPQ2d 1961, 1966 (2012)). Thus, the second part of the Alice/Mayo test is often referred to as a search for an inventive concept. Id. An “inventive concept” is furnished by an element or combination of elements that is recited in the claim in addition to (beyond) the judicial exception, and is sufficient to ensure that the claim as a whole amounts to significantly more than the judicial exception itself. Alice Corp., 134 S. Ct. at 2355, 110 USPQ2d at 1981 (citing Mayo, 566 U.S. at 72-73, 101 USPQ2d at 1966). Although the courts often evaluate considerations such as the conventionality of an additional element in the eligibility analysis, the search for an inventive concept should not be confused with a novelty or non-obviousness determination. See Mayo, 566 U.S. at 91, 101 USPQ2d at 1973 (rejecting “the Government’s invitation to substitute Sections 102, 103, and 112 inquiries for the better established inquiry under Section 101”). As made clear by the courts, the “‘novelty’ of any element or steps in a process, or even of the process itself, is of no relevance in determining whether the subject matter of a claim falls within the Section 101 categories of possibly patentable subject matter.” Intellectual Ventures I v. Symantec Corp.,838 F.3d 1307, 1315, 120 USPQ2d 1353, 1358 (Fed. Cir. 2016) (quoting Diamond v. Diehr, 450 U.S. at 188–89, 209 USPQ at 9).
As described in MPEP 2106.05, Step 2B of the Office’s eligibility analysis is the second part of the Alice/Mayo test, i.e., the Supreme Court’s “framework for distinguishing patents that claim laws of nature, natural phenomena, and abstract ideas from those that claim patent-eligible applications of those concepts.” Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. _, 134 S. Ct. 2347, 2355, 110 USPQ2d 1976, 1981 (2014) (citing Mayo, 566 U.S. 66, 101 USPQ2d 1961 (2012)). Step 2B asks: Does the claim recite additional elements that amount to significantly more than the judicial exception? The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Examples of insignificant extra-solution activity include mere data gathering, selecting a particular data source or type of data to be manipulated, and insignificant application. In the instant case, claims 1 and 19 additionally recite: receiving …from a storage unit [108], a user data comprising at least one of a demographics data, a physical health data, a mental and emotional health data, and a behavioural health data; and providing the true health-wellness status of the user. The additional steps amount to insignificant extra-solution activity to the judicial exception (see MPEP 2106.05(g)).
More specifically, the additional steps amount to necessary data gathering and outputting, (i.e., all uses of the recited judicial exception require such data gathering or data output). See Mayo, 566 U.S. at 79, 101 USPQ2d at 1968; OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1092-93 (Fed. Cir. 2015) (presenting offers and gathering statistics amounted to mere data gathering)
Claims 1 and 19 further recite: a processing unit; a transceiver unit (interpreted as a device for receiving and transmitting data-see 112(b) rejection); a storage unit; at least one of the electronic device, and a healthcare provider device.
the additional components is/are generic components that perform functions well-understood, routine and conventional activities and that amount to no more than implementing the abstract idea with a computerized system.
The generic nature of the computer system used to carryout steps of the recited method is underscored by the system description in the instant application, which discloses: “a “processing unit” or “processor” or “operating processor” includes one or more processors, wherein processor refers to any logic circuitry for processing instructions. A processor may be a general-purpose processor, a special purpose processor, a conventional processor, a digital signal processor, a plurality of microprocessors, one or more microprocessors in association with a DSP core, a controller, a microcontroller, Application Specific Integrated Circuits, Field Programmable Gate Array circuits, any other type of integrated circuits, etc. " (par. 30 of US PG-Pub US 20250391571 A1)
The disclosure also states: “a user equipment”, “a user device”, “a smart-user-device”, “a smart-device”, “an electronic device”, “a mobile device”, “a handheld device”, “a wireless communication device”, “a mobile communication device”, “a communication device” may be any electrical, electronic and/or computing device or equipment, capable of implementing the features of the present disclosure. The user equipment/device may include, but is not limited to, a mobile phone, smart phone, laptop, a general-purpose computer, desktop, personal digital assistant, tablet computer, wearable device or any other computing device which is capable of implementing the features of the present disclosure. Also, the user device may contain at least one input means configured to receive an input from a transceiver unit, a processing unit, a storage unit and any other such unit(s).” (par. 31)
The application explains: “storage unit” or “memory unit” refers to a machine or computer-readable medium including any mechanism for storing information in a form readable by a computer or similar machine. For example, a computer-readable medium includes read-only memory (“ROM”), random access memory (“RAM”), magnetic disk storage media, optical storage media, flash memory devices or other types of machine-accessible storage media.” (See par. 32) Such language underscores that the applicant's perceived invention/ novelty focuses on the computerized implementation of the abstract idea, not the underlying structure of generic system components.
Furthermore, the courts have recognized certain computer functions as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity (See MPEP 2106.05 (d) (II)). Among these are the following features, which are recited in claims 1 and claim 7:
- Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network); but see DDR Holdings, LLC v. Hotels.com, L.P., 773 F.3d 1245, 1258, 113 USPQ2d 1097, 1106 (Fed. Cir. 2014) ("Unlike the claims in Ultramercial, the claims at issue here specify how interactions with the Internet are manipulated to yield a desired result‐‐a result that overrides the routine and conventional sequence of events ordinarily triggered by the click of a hyperlink." (emphasis added));
- Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93;
Because Applicant’s claimed invention recites a judicial exception that is not integrated into a practical application and does not include additional elements that are sufficient to amount to significantly more than the judicial exception itself, the claimed invention is not patent eligible.
Claims 2-4, 9-11, and 17-18 are dependent from Claim 1 and include(s) all the limitations of claim(s) 1. However, the additional limitations of the claims 2-4, 9-11, and 17-18 fail to recite significantly more than the abstract idea. More specifically, the additional limitations further define the abstract idea with additional steps or details regarding data types; or additional steps which amount to insignificant extra solution activities. Therefore, claim(s) 2-4, 9-11, and 17-18 are also rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Claims 23-27, and 30-34 are dependent from Claim 19 and include(s) all the limitations of claim(s) 19. However, the additional limitations of the claims 23-27 and 30-34 fail to recite significantly more than the abstract idea. More specifically, the additional limitations further define the abstract idea with additional steps or details regarding data types; or additional steps which amount to insignificant extra solution activities. Therefore, claim(s) 23-27 and 30-34 are also rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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) 1-4, 9, 19, 23, 26-27, and 30-31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al (US 20200118685 A1)
Claims 1 and 19 Lee teaches a method and system for providing a true health-wellness status of a user of an electronic device, the system comprising:-
a transceiver unit [102], wherein the transceiver unit [102] is configured to: receive, from the storage unit [108], a user data comprising at least one of a demographics data, a physical health data, a mental and emotional health data, and a behavioural health data (par. 34-38: data reception unit receives various types of user data)
a storage unit [108]; (par. 37-39) and
- a processing unit [104] connected to the transceiver unit [102]; (par. 30; par. 34- the user health status providing device may include a data reception unit 100, a storage unit 200, a data analysis unit 300, a healthcare model controller 400, a health data processor 500, and a health status evaluation unit 600. The user health status providing device may be implemented as a server)
the method comprising:-
receiving, by a transceiver unit [102] from a storage unit [108], a user data comprising at least one of a demographics data, a physical health data, a mental and emotional health data, and a behavioural health data;
- analysing, by the processing unit [104], the user data comprising at least one of the demographics data, the physical health data, the mental and emotional health data,and the behavioural health data, based at least on a first set of pre-set rules; (par. 46-49- analyzing and extracting parameters)
- generating, by the processing unit [104], a corresponding composite score for one or more health based dimensions of the user, based on the analysis of the user data; (par. 50-54: Par. 50: The first health index generation unit 610 may generate a first health index using a parameter for each health data according to a health group to which the health data belongs. The first health index generation unit 610 may quantitatively analyze health data by applying a healthcare model specified for a health group which the health data belongs to, and may generate a first health index for each health group. Particularly, the first health index generation unit 610 may generate a first health index associated with the physical activity status using a healthcare model specified for the health group of the physical activity status, in association with health data matched to the health group of the physical activity status)
- automatically generating, by the processing unit [104], a health-wellness score of the user based at least on the corresponding composite score for one or more health based dimensions; (par. 50-second index score based at least on first score: the health data evaluation unit 600 may include a first health index generation unit 610 that quantitatively analyzes health data, a second health index generation unit 630 that generates integrated second health data associated with user health data by integrating first health indices, each of which is generated for one of the health groups, and a healthcare report generation unit 650 that analyzes a second health index so as to determine the health status of a user; par. 55- The second health index generation unit 630 may generate a second health index by integrating a plurality of first health indices generated by the first health index generation unit 610. The second health index generation unit 630 may generate the second health index using a weight assigned for each health group corresponding to health data)
- automatically generating, by the processing unit [104], the true health-wellness status of the user based on the health-wellness score of the user; and (par. 56- The healthcare report … may provide user's overall health status)
- providing, by the processing unit [104] via the transceiver unit [102] to at least one of the electronic device, and a healthcare provider device, the true health-wellness status of the user. (par. 50: a healthcare report generation unit 650 that analyzes a second health index so as to determine the health status of a user, and generates a healthcare report that visually shows the health state of the user; par. 56-58)
Claims 2 Lee teaches the method as claimed in claim 1, wherein the at least one of the demographics data, the physical health data, the mental and emotional health data, and the behavioural health data further comprises one or more parameters associated with the user. (par. 34-38; par. 46-user data and parameters from user data)
Claim 3. Lee teaches the method as claimed in claim 2, wherein the corresponding composite score for the one or more health based dimensions is based on at least one of a corresponding score-weightage for each parameter of the one or more parameters. (par. 8- generating the second health index by multiplying the one or more first health indices by the weights, and adding result values; par. 55)
Claim 4 Lee discloses the method as claimed in claim 2, wherein the one or more parameters are configurable based on one of an automatic input and a manual input. (par. 7-receiving user data from sensors or user input)
Claim 9. Lee teaches the method as claimed in claim 1, wherein the automatically generating, by the processing unit [104], the health-wellness score of the user based at least on the corresponding composite score further comprises: automatically generating, by the processing unit [104], the health-wellness score of the user based on a weighting of the corresponding composite score for one or more health based dimensions using a second set of pre-set rules. (par. 8- generating the second health index by multiplying the one or more first health indices by the weights, and adding result values; par. 55-56)
Claim 23 Lee teaches the system as claimed in claim 19, wherein: the physical health data comprises at least one of an anthropometry data, a general physical examination data and a systemic examination data. (par. 11; par. 35; par. 55-data includes user's age, physical condition, recent physical examination records, and previous healthcare report )
Claim 26 Lee teaches the system as claimed in claim 19, wherein the user data is provided by the user via the electronic device. (par. 50: a healthcare report generation unit 650 that analyzes a second health index so as to determine the health status of a user, and generates a healthcare report that visually shows the health state of the user; par. 56-58)
Claim 27 Lee teaches the system as claimed in claim 19, wherein the processing unit [104], to automatically generate the health-wellness score of the user based at least on the corresponding composite score, is further configured to:- automatically generate the health-wellness score of the user based on a weighting of the corresponding composite score for one or more health based dimensions using a second set of pre-set rules. (par. 8- generating the second health index by multiplying the one or more first health indices by the weights, and adding result values; par. 55-56)
Claim 30 Lee teaches the system as claimed in claim 19, wherein the analysis of the user data is further based on a patient health data of one or more patients similar to the user. . (par. 11, par. 14; par. 23-analysis uses model which is based on health groups)
Claim 31 Lee teaches the system as claimed in claim 19, wherein the true health-wellness status is provided via a representation indicating at least one of one or more health goal scores, and the health-wellness score of the user. (par. 12-13; par. 20-21: based on thresholds values; par. 55-58; par. 64)
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) 10-11, 17-18, 24-25, and 32-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (US 20200118685 A1) in view of Swartz et al (US 20180165418 A1)
Claim 10 Lee teaches the method as claimed in claim 3, as explained but does not expressly disclose wherein the corresponding composite score for the one or more health based dimensions is updated periodically based on a periodical update in the user data.
Swartz discloses a method wherein the data and the scores for health based dimensions periodically (i.e. the corresponding composite score for the one or more health based dimensions is updated periodically based on a periodical update in the user data.) (par. 14- After each health vector update, the system applies the health assessment model to determine the current health score of the individual. Health vector updates and health score determinations may correspond to individual-triggered events, such as the individual's completion of a survey, achieving of a fitness goal, participation in a rewards program, etc. Updates may also be triggered by events, such as car accidents, or by medical diagnoses.) At the time of filing, it would have been obvious to one of ordinary skill in the art to modify the method/system of Lee with the teaching of Swartz to update the scores based on user data with the motivation of ensuring that the health score trend reflects changes over time for the individual. (par. 14)
Claim 11 Lee teaches the method as claimed in claim 10, wherein the generating, by the processing unit [104], the corresponding composite score for the one or more health based dimensions of the user, is further based on at least one of a baseline value of said each parameter of the one or more parameters and a target value of said each parameter of the one or more parameters. (par. 12-13; par. 20-21: based on thresholds values; par. 55; par. 64)
Claim 17 Lee teaches the method as claimed in claim 1, as explained. Lee does not expressly disclose but Swartz teaches the method comprising:-
receiving, at the processing unit [104] from the storage unit [108], a content data, wherein the content data comprises at least one of a disease-related information and one or more medical guidelines; (par. 30-scores based on CDC guidelines)
determining, by the processing unit [104], an assessment of the user for one or more diseases, based on the content data; and (par. 30- a CDC score may reflect an assessment by the Center of Disease Control of the likelihood of the individual getting sick.)
providing, via the transceiver unit [102], an output related to a disease probability, to at least one of the electronic device, and a healthcare provider device, based on the true health wellness status of the user and the assessment of the user. (par. 30- l the health vector 125 may include contextual health scores. In contrast to the health score generated by the system, which characterizes an individual's overall health, the contextual health scores reflect an assessment of the individual's health or wellness within a narrower context. For example, a CDC score may reflect an assessment by the Center of Disease Control of the likelihood of the individual getting sick)
At the time of effective filing, it would have been obvious to one or ordinary skill in the art to modify the system/method of Lee with the teaching of Swartz to provide a better context and more accurate health scores for patients (the contextual health scores reflect an assessment of the individual's health or wellness within a narrower context)
Claim 18 Lee teaches a method as claimed in claim 17, wherein the analysing, by the processing unit [104], the user data, is based on at least one of the one or more medical guidelines and a medical history of the user. (par. 11, par. 14; par. 23-analysis uses model which is based on health groups)
Claim 24 Lee teaches the system as claimed in claim 19, as explained, but does not expressly disclose wherein the behavioural health data comprises at least one of a substance abuse data and a treatment adherence data.
Swartz discloses a system and method wherein patient behaviours regarding treatment adherence are tracked (par. 19- identified cohort members showed equivalent positive outcomes for meditating 30 minutes a day and going on four walks a week, and the individual already meditates 20 minutes a day but goes on no walks, then the system may prioritize the recommendation to go on four walks a week. As an additional example, factors can be ranked according to the likelihood that the individual will actually adopt or act upon the recommended factor. The likelihood of adoption can be based on historical engagement or adoption data among the population as a whole or among the corresponding cohorts to the individual.)
At the time of effective filing, it would have been obvious to one or ordinary skill in the art to modify the system/method of Lee with the teaching of Swartz to track behavior information regarding patient(s) treatment adherence with the motivation of determining the most efficacious recommendations that the individual's health vector indicate they are likely to adopt. (Swartz: par. 19)
Claim 25 Lee teaches the method/ system as claimed in claim 19. Lee does not disclose, but Swartz teaches a method wherein the user data is based on a primary diagnosis of the user and diagnosis of one or more comorbidities of the user. (par. 12-data collected by the system includes medical conditions of the user: Collected factors directly relating to the health of the individual may further include information regarding any chronic medical conditions of the individual (e.g., arthritis, asthma, cancer) or acute injuries of the individual (e.g., broken leg, concussion, torn ligament). Other data collected by the system relates to contextual factors that impact or characterize the health of the individual. For example, the collected data may include objective information about environmental factors around the individual, such as the weather around the individual, location of the individual, news events that may impact individual, etc).
At the time of effective filing, it would have been obvious to one or ordinary skill in the art to modify the system/method of Lee with the teaching of Swartz to collect data regarding the medical history (primary diagnoses and comorbidity data) for patients with the motivation of accurately capturing all of the factors which characterize the overall health and anticipated behavior of the user. (Swartz: par. 12)
Claim 32 Lee teaches the system as claimed in claim 31, as explained. Lee does not disclose but Swartz teaches a method/system wherein the transceiver unit [102] is further configured to: provide, to at least one of the electronic device, and a healthcare provider device, one or more recommendations for at least one of one or more follow up consultations, one or more health investigations and one or more comorbidities based on at least one of the one or more health goal scores and the health-wellness score of the user. (computer hardware-par. 44-47; recommendations-par. 12-13; par. 74-76) At the time of effective filing, it would have been obvious to one or ordinary skill in the art to modify the system/method of Lee with the teaching of Swartz to provide recommendation information to user related to the health score assessment. One would have been motivated to include this feature to provide the user with actions or changes that the individual can take that are likely to improve the individual's health.
Claim 33 Lee teaches the system as claimed in claim 31, as explained. Lee does not disclose but Swartz teaches a method/system wherein the transceiver unit [102] is further configured to: provide, to at least one of the electronic device, and the healthcare provider device, at least one of one or more suggested activities, one or more suggested precautions, one or more suggested treatment options, and one or more emergency alerts based on at least one of the one or more health goal scores and the health-wellness score of the user. (par. 64; par. 71-74-activity recommendations based on scoring assessments) At the time of effective filing, it would have been obvious to one or ordinary skill in the art to modify the system/method of Lee with the teaching of Swartz to provide specific recommendations information to user related to the health score assessment. One would have been motivated to include this feature to provide the user with actions or changes that the individual can take that are likely to improve the individual's health.
Claim(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (US 20200118685 A1) in view of Swartz et al (US 20180165418 A1) as applied to claim 33, and in further view of Soto et al ( US 20210134415 A1)
Claim 34 Lee and Swartz in combination teach the system as claimed in claim 33. Lee and Swartz do not disclose, but Soto teaches wherein the processing unit [104] is further configured to: identify one or more complications based on at least one of the one or more health goal scores and the health-wellness score of the user; (par. 50; par. 170; par. 180-risk of complications using health assessment scoring; Fig. 17) and- provide via the transceiver unit [102] to at least one of the electronic device, and a healthcare provider device, the one or more emergency alerts for the one or more identified complications. (par. 180; par. 53; par. 72; par. 243-alert/notification of an adverse event) .
At the time of effective filing, it would have been obvious to one or ordinary skill in the art to further modify the system/method of Lee and Swartz in combination with the teaching of Soto to include identification of complication risks and to provide alerts users (e.g. healthcare provider; patient ) regarding the risks. One would have been motivated to include these features with the motivation of using this information to take interventions that may reduce the risk thereby avoiding adverse health outcomes (par. 10)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Khan et al ( US 2014/0006039)- discloses a healthcare management system for evaluating medical risk and health state of a consumer comprising a gateway configured to obtain clinical information and non-clinical information for the consumer, determine a composite healthcare index (HCI) for the consumer based on both the clinical information and non-clinical information, and share the composite HCI with a plurality of healthcare stakeholders that are authorized to receive the composite HCI.
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/Rachel L. Porter/Primary Examiner, Art Unit 3684