DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice to Applicant
2. This communication is in response to the communication filed 10/19/2024. Claims 1-20 are currently pending.
Claim Rejections - 35 USC § 101
3. 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.
3.1. Claims 1-20 are rejected under 35 U.S.C. § 101 because while the claims (1) are to a statutory category (i.e., process, machine, manufacture or composition of matter, the claims (2A1) recite an abstract idea (i.e., a law of nature, a natural phenomenon); (2A2) do not recite additional elements that integrate the abstract idea into a practical application; and (2B) are not directed to significantly more than the abstract idea itself.
In regards to (1), the claims are to a statutory category (i.e., statutory categories including a process, machine, manufacture or composition of matter). In particular, independent claims 1 and 17, and their respective dependent claims are directed, in part, to a method and system for providing wellness recommendations.
In regards to (2A1), the claims, as a whole, recite and are directed to an abstract idea because the claims include one or more limitations that correspond to an abstract idea including mental processes and/or certain methods of organizing human activity which encompasses both certain activity of a single person, certain activity that involves multiple people, and certain activity between a person and a computer. For example, independent claims 1 and 17, as a whole, are directed to providing wellness recommendations by receiving data and wellness components, determining current user and comparison scores and deviations between them, identifying and outputting at least one recommended behavior to be performed by the user, and wherein the user receives and performs the recommended behavior which are human activities and/or interactions and therefore, certain methods of organizing human activity which encompasses both certain activity of a single person, certain activity that involves multiple people, and certain activity between a person and a computer. The dependent claims include all of the limitations of their respective independent claims and thus are directed to the same abstract idea identified for the independent claims but further describe the elements and/or recite field of use limitations.
Furthermore, assuming arguendo, the claims are not directed to certain methods of organizing human activities, the claims, nevertheless, are directed to an abstract idea because the claims, except for certain limitations (* identified below in bold), under the broadest reasonable interpretation, can be reasonably and practically performed in the human mind and/or with pen and paper using observation, evaluation, judgment and/or opinion. That is, other than reciting the certain additional elements, nothing in the claims precludes the limitations from being practically performed in the mind and/or with pen and paper.
CLAIM 1:
A method for providing a recommended wellness behavior, the method comprising:
a) receiving, for a user, user data for different wellness components, the user data comprising:
i) device data obtained from a wearable device, the device data being indicative of a physical health status or a stress status of the user;
ii) financial data for the user; and
iii) psychological data for the user;
b) receiving standards for the different wellness components;
c) for each wellness component:
i) determining a current user score based on the received user data;
ii) determining a comparison score based on the current user score;
iii) determining a deviation between the comparison score and the standard for the wellness component;
d) identifying at least one recommended behavior to be performed by the user, the identification being based on the determination, for each wellness component, of the deviation between the comparison score and the standard for the wellness component;
e) outputting an indicator of the at least one recommended behavior to be performed by the
user; and
f) the user receiving the indicator and performing the at least one recommended behavior;
g) wherein operations a) to e) are performed by one or more processors.
CLAIM 2:
The method of claim 1 wherein the each of the standards for the wellness components is either a demographic standard or a customized wellness standard.
CLAIM 3:
The method of claim 1 further comprising receiving at least one user behavior preference indicative of a preferred recommended behavior, wherein the identification of the at least one recommended behavior is based on the at least one user behavior preference.
CLAIM 4:
The method of claim 1 wherein the user behavior preferences comprises at least one of a preferred breathing technique or a preferred mindfulness exercise.
CLAIM 5:
The method of claim 1: wherein device data obtained from the wearable device is real-time data; wherein operations a) to e) are repeated in real-time to provide the indicator of the at least one recommended behavior in real-time.
CLAIM 6:
The method of claim 1 wherein the comparison score is a predicted future score, the predicted future score being determined based on: the current user score; a deviation between the current user score and the standard; and a controller coefficient that depends on a demographic for the user.
CLAIM 7:
The method of claim 6 wherein the determination of the deviation between the current user score and the demographic standard uses bias-based reasoning.
CLAIM 8:
The method of claim 1 wherein the identification of at least one recommended behavior uses bias-based reasoning.
CLAIM 9:
The method of claim 1 wherein the comparison score is the current user score.
CLAIM 10:
The method of claim 1 wherein the comparison score is further based on previously-determined current user scores.
CLAIM 11:
The method of claim 1 wherein the user data includes current data and historical data.
CLAIM 12:
The method of claim 1:
wherein the wellness components are grouped into at least one of three wellness categories, the wellness categories being psychological, physical, and financial;
wherein the psychological wellness category comprises at least one of the following wellness components: positivity, engagement, relationships, meaning, accomplishment, emotional stability, optimism, resilience, self esteem, or vitality;
wherein the physical wellness category comprises at least one of the following wellness components: weight, blood pressure, sugar, heart rate, age, sleep, diet; and
wherein the financial wellness category comprises at least one of the following wellness components: spending less than income, timely bill-paying, sufficient liquid savings, sufficient long-term savings, manageable debt load, prime credit score, have appropriate insurance, and plan ahead for expenses.
CLAIM 13:
The method of claim 1 wherein a recursive algorithm is used to carry out step c).
CLAIM 14:
The method of claim 1 wherein the identification of the recommended behaviors is further based on past user recommendations.
CLAIM 15:
The method of claim 1 wherein the indicator of the at least one recommended behavior comprises a report, an SMS message, an email, or a haptic alert.
CLAIM 16:
The method of claim 1 wherein the indicator of the at least one recommended behavior is communicated to the user via the wearable device.
CLAIM 17:
A system for providing a recommended wellness behavior, the system comprising:
a) a wearable device configured to obtain device data indicative of a physical health status or a stress status of a user;
b) a server configured to carry out the operations of:
i) receiving user data for different wellness components, the user data comprising:
1) the device data;
2) financial data for the user; and
3) psychological data for the user;
ii) receiving standards for the different wellness components;
iii) for each wellness component:
1) determining a current user score based on the received user data;
2) determining a comparison score based on the current user score;
3) determining a deviation between the comparison score and the standard for the wellness component;
iv) identifying at least one recommended behavior to be performed by the user, the identification being based on the determination, for each wellness component, of the deviation between the comparison score and the standard for the wellness component; and
v) outputting an indicator of the at least one recommended behavior to be performed by the user, wherein the user receives the indicator and performs the recommended behavior.
CLAIM 18:
The system of claim 17 wherein the each of the standards for the wellness components is either a demographic standard or a customized wellness standard.
CLAIM 19:
The system of claim 17 further comprising receiving at least one user behavior preference indicative of a preferred recommended behavior, wherein the identification of the at least one recommended behavior is based on the at least one user behavior preference.
CLAIM 20:
The system of claim 17 wherein a recursive algorithm is used to carry out step c).
* The limitations that are in bold are considered “additional elements” that are further analyzed below in subsequent steps of the 101 analysis. The limitations that are not in bold are abstract and/or can be reasonably and practically performed in the human mind and/or with pen paper.
In regards to (2A2), the claims do not recite additional elements that integrate the abstract idea into a practical application. The additional elements in the claims (i.e., * identified above in bold) do not integrate the abstract idea into a practical application because the additional elements merely add insignificant extra-solution activity to the abstract idea; merely link the use of the judicial exception to a particular technological environment or field of use; and/or simply append technologies and functions, specified at a high level of generality, to the abstract idea (i.e., the additional elements do not amount to more than a recitation of the words “apply it” (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer).
Here, the additional elements (e.g., a wearable device, one or more processors, etc.) are recited at a high-level of generality such that it amounts to no more than mere instructions to apply the abstract idea using generic computer technologies. Moreover, the claims recite “performed by one or more processors”, etc. devoid of any meaningful technological improvement details and thus, further evidence the additional elements are merely being used to leverage generic technologies to automate what otherwise could be done manually. Accordingly, the additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Furthermore, the additional elements do not recite improvements to the functioning of a computer, or to any other technology or technical field—the additional elements merely recite general purpose computer technology; the additional elements do not recite applying or using a judicial exception to effect a particular treatment or prophylaxis for disease or medical condition—there is no actual administration of a particular treatment; the additional elements do not recite applying the judicial exception with, or by use of, a particular machine—the additional elements merely recite general purpose computer technology; the additional elements do not recite limitations effecting a transformation or reduction of a particular article to a different state or thing—the additional elements do not recite transformation such as a rubber mold process; the additional elements do not recite applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment—the additional elements merely leverage general purpose computer technology to link the abstract idea to a technological environment.
In regards to (2B), the claims, individually, as a whole and in combination with one another, do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements or combination of elements in the claims, other than the abstract idea per se, amount to no more than a recitation of (A) a generic computer structure(s) that serves to perform computer functions that serve to merely link the abstract idea to a particular technological environment (i.e., computers); and/or (B) functions that are well-understood, routine, and conventional activities previously known to the pertinent industry.
Here, as discussed above with respect to integration of the abstract idea into a practical application, the additional elements amount to no more than mere instructions to apply the exception using generic computer technologies. Mere instructions to apply an exception using generic computer technologies cannot provide an inventive concept.
Moreover, paragraphs [0028]-[0030] of applicant's specification (US 2025/0046457) recites that the system/method is implemented using any central processing unit (CPU), microprocessor, micro-controller, computational, or programmable device or circuit configured for executing computer program instructions (e.g., code); and various processors may be embodied in computer and/or server hardware of any suitable type (e.g., desktop, laptop, notebook, tablets, cellular phones, etc.) which are well-known general purpose or generic-type computers and/or technologies. The use of generic computer components recited at a high level of generality to process information through an unspecified processor/computer does not impose any meaningful limit on the computer implementation of the abstract idea. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation.
Furthermore, the additional elements are merely well-known general purpose computers, components and/or technologies that receive, transmit, store, display, generate and otherwise process information which are akin to functions that courts consider well-understood, routine, and conventional activities previously known to the pertinent industry, such as, performing repetitive calculations; receiving or transmitting data over a network; electronic recordkeeping; retrieving and storing information in memory; and sorting information (See, for example, MPEP § 2106).
Therefore, the claims are not patent-eligible under 35 U.S.C. § 101.
Double Patenting
4. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
4.1. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,136,493. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim(s) is/are either anticipated by, or would have been obvious over, the reference claim(s) because all of the limitations of claims 1-20 of instant pending patent application 18/920862 correspond to limitations recited in claims 1-20 of U.S. Patent 12,136,493. Any claim limitation differences are not substantively significant and/or are obvious under a broad and reasonable interpretation, as detailed in the comparison chart below.
PENDING CLAIMS (18/920862)
US PATENT 12,136,493
CLAIM 1:
A method for providing a recommended wellness behavior, the method comprising:
a) receiving, for a user, user data for different wellness components, the user data comprising:
i) device data obtained from a wearable device, the device data being indicative of a physical health status or a stress status of the user;
ii) financial data for the user; and
iii) psychological data for the user;
b) receiving standards for the different wellness components;
c) for each wellness component:
i) determining a current user score based on the received user data;
ii) determining a comparison score based on the current user score;
iii) determining a deviation between the comparison score and the standard for the wellness component;
d) identifying at least one recommended behavior to be performed by the user, the identification being based on the determination, for each wellness component, of the deviation between the comparison score and the standard for the wellness component;
e) outputting an indicator of the at least one recommended behavior to be performed by the
user; and
f) the user receiving the indicator and performing the at least one recommended behavior;
g) wherein operations a) to e) are performed by one or more processors.
CLAIM 1:
A method for providing a recommended wellness behavior using a machine learning algorithm, the method comprising:
a) receiving, for a user, user data for different wellness components, the user data comprising:
i) device data indicative of a physical health status or a stress status of the user; ii) financial data for the user; and iii) psychological data for the user;
b) receiving standards for the different wellness components;
c) for each wellness component, the machine learning algorithm:
i) determining a current user score based on the received user data;
ii) determining a comparison score based on the current user score;
iii) determining a deviation between the comparison score and the standard for the wellness component;
d) the machine learning algorithm identifying at least one recommended behavior to be performed by the user, the identification being based on the determination, for each wellness component, of the deviation between the comparison score and the standard for the wellness component; and
e) outputting data associated with the at least one recommended behavior to a training algorithm;
f) the training algorithm determining modified decision parameters for the machine learning algorithm based on the data associated with the at least one recommended behavior;
g) updating the machine learning algorithm based on the modified decision parameters; and
h) repeating operations c) and d) using the updated machine learning algorithm to generate at least one subsequent recommended behavior; i) wherein operations a) to h) are performed by one or more processors.
AND
CLAIM 5:
data is obtained from the wearable device
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The claims of Patent 12,136,493 do not explicitly teach “f) the user receiving the indicator and performing the at least one recommended behavior.” Claim 1 of Patent 11,417,429, however, teaches “f) the user receiving the indicator and performing the at least one recommended behavior” (See, for example, Patent 11,417,429: Claim 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the aforementioned features, as taught by Patent 12,136,493, with Claim 1 of Patent 11,417,429 with the motivation of facilitating the improvement of a person’s wellness (Patent 12,136,493: col. 1, ln. 15-col. 2, ln. 31).
CLAIM 2:
The method of claim 1 wherein the each of the standards for the wellness components is either a demographic standard or a customized wellness standard.
CLAIM 2:
The method of claim 1 wherein the each of the standards for the wellness components is either a demographic standard or a customized wellness standard.
CLAIM 3:
The method of claim 1 further comprising receiving at least one user behavior preference indicative of a preferred recommended behavior, wherein the identification of the at least one recommended behavior is based on the at least one user behavior preference.
CLAIM 3:
The method of claim 1 further comprising receiving at least one user behavior preference indicative of a preferred recommended behavior, wherein the identification of the at least one recommended behavior is based on the at least one user behavior preference.
CLAIM 4:
The method of claim 1 wherein the user behavior preferences comprises at least one of a preferred breathing technique or a preferred mindfulness exercise.
CLAIM 4:
The method of claim 1 wherein the user behavior preferences comprises at least one of a preferred breathing technique or a preferred mindfulness exercise.
CLAIM 5:
The method of claim 1: wherein device data obtained from the wearable device is real-time data; wherein operations a) to e) are repeated in real-time to provide the indicator of the at least one recommended behavior in real-time.
CLAIM 5:
The method of claim 1: wherein the device data is obtained from the wearable device and is real-time data; wherein operations a) to d) e) are repeated in real-time to provide an indicator of the at least one recommended behavior in real-time.
CLAIM 6:
The method of claim 1 wherein the comparison score is a predicted future score, the predicted future score being determined based on: the current user score; a deviation between the current user score and the standard; and a controller coefficient that depends on a demographic for the user.
CLAIM 6:
The method of claim 1 wherein the comparison score is a predicted future score, the predicted future score being determined based on: the current user score; a deviation between the current user score and the standard; and a controller coefficient that depends on a demographic for the user.
CLAIM 7:
The method of claim 6 wherein the determination of the deviation between the current user score and the demographic standard uses bias-based reasoning.
CLAIM 7:
The method of claim 6 wherein the determination of the deviation between the current user score and the demographic standard uses bias-based reasoning.
CLAIM 8:
The method of claim 1 wherein the identification of at least one recommended behavior uses bias-based reasoning.
CLAIM 8:
The method of claim 1 wherein the identification of at least one recommended behavior uses bias-based reasoning.
CLAIM 9:
The method of claim 1 wherein the comparison score is the current user score.
CLAIM 9:
The method of claim 1 wherein the comparison score is the current user score.
CLAIM 10:
The method of claim 1 wherein the comparison score is further based on previously-determined current user scores.
CLAIM 10:
The method of claim 1 wherein the comparison score is further based on previously-determined current user scores.
CLAIM 11:
The method of claim 1 wherein the user data includes current data and historical data.
CLAIM 11:
The method of claim 1 wherein the user data includes current data and historical data.
CLAIM 12:
The method of claim 1:
wherein the wellness components are grouped into at least one of three wellness categories, the wellness categories being psychological, physical, and financial;
wherein the psychological wellness category comprises at least one of the following wellness components: positivity, engagement, relationships, meaning, accomplishment, emotional stability, optimism, resilience, self esteem, or vitality;
wherein the physical wellness category comprises at least one of the following wellness components: weight, blood pressure, sugar, heart rate, age, sleep, diet; and
wherein the financial wellness category comprises at least one of the following wellness components: spending less than income, timely bill-paying, sufficient liquid savings, sufficient long-term savings, manageable debt load, prime credit score, have appropriate insurance, and plan ahead for expenses.
CLAIM 12:
The method of claim 1:
wherein the wellness components are grouped into at least one of three wellness categories, the wellness categories being psychological, physical, and financial;
wherein the psychological wellness category comprises at least one of the following wellness components: positivity, engagement, relationships, meaning, accomplishment, emotional stability, optimism, resilience, self esteem, or vitality;
wherein the physical wellness category comprises at least one of the following wellness components: weight, blood pressure, sugar, heart rate, age, sleep, diet; and
wherein the financial wellness category comprises at least one of the following wellness components: spending less than income, timely bill-paying, sufficient liquid savings, sufficient long-term savings, manageable debt load, prime credit score, have appropriate insurance, and plan ahead for expenses.
CLAIM 13:
The method of claim 1 wherein a recursive algorithm is used to carry out step c).
CLAIM 13:
The method of claim 1 wherein gradient ascent algorithm or a recursive algorithm is used to carry out step c).
CLAIM 14:
The method of claim 1 wherein the identification of the recommended behaviors is further based on past user recommendations.
CLAIM 14:
The method of claim 1 wherein the identification of the recommended behaviors is further based on past user recommendations.
CLAIM 15:
The method of claim 1 wherein the indicator of the at least one recommended behavior comprises a report, an SMS message, an email, or a haptic alert.
CLAIM 15:
The method of claim 1 further comprising outputting an indicator of the at least one recommended behavior, wherein the indicator comprises a report, an SMS message, an email, or a haptic alert.
CLAIM 16:
The method of claim 1 wherein the indicator of the at least one recommended behavior is communicated to the user via the wearable device.
CLAIM 16:
The method of claim 1 further comprising outputting an indicator of the at least one recommended behavior, wherein the indicator is communicated to the user via the wearable device.
CLAIM 17:
A system for providing a recommended wellness behavior, the system comprising:
a) a wearable device configured to obtain device data indicative of a physical health status or a stress status of a user;
b) a server configured to carry out the operations of:
i) receiving user data for different wellness components, the user data comprising:
1) the device data;
2) financial data for the user; and
3) psychological data for the user;
ii) receiving standards for the different wellness components;
iii) for each wellness component:
1) determining a current user score based on the received user data;
2) determining a comparison score based on the current user score;
3) determining a deviation between the comparison score and the standard for the wellness component;
iv) identifying at least one recommended behavior to be performed by the user, the identification being based on the determination, for each wellness component, of the deviation between the comparison score and the standard for the wellness component; and
v) outputting an indicator of the at least one recommended behavior to be performed by the user, wherein the user receives the indicator and performs the recommended behavior.
CLAIM 17:
A system for providing a recommended wellness behavior, the system comprising:
a) a wearable device configured to obtain device data indicative of a physical health status or a stress status of a user;
b) a server configured to carry out the operations of:
i) receiving user data for different wellness components, the user data comprising:
1) The device data;
2) Financial data for the user; and
3) Psychological data for the user;
ii) receiving standards for the different wellness components;
iii) for each wellness component, a machine learning algorithm:
1) Determining a current user score based on the received user data;
2) Determining a comparison score based on the current user score;
3) Determining a deviation between the comparison score and the standard for the wellness component;
iv) the machine learning algorithm identifying at least one recommended behavior to be performed by the user, the identification being based on the determination, for each wellness component, of the deviation between the comparison score and the standard for the wellness component; and
v) outputting data associated with the at least one recommended behavior to a training algorithm;
vi) the training algorithm determining modified decision parameters for the machine learning algorithm based on the data associated with the at least one recommended behavior;
vii) updating the machine learning algorithm based on the modified decision parameters; and viii) repeating operations c) and d) using the updated machine learning algorithm to generate at least one subsequent recommended behavior.
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Claim 17 does not explicitly teach “f) the user receiving the indicator and performing the at least one recommended behavior.” Claim 1 of Patent 11,417,429, however, teaches “f) the user receiving the indicator and performing the at least one recommended behavior” (See, for example, Patent 11,417,429: Claim 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the aforementioned features, as taught by Patent 12,136,493, with Claim 1 of Patent 11,417,429 with the motivation of facilitating the improvement of a person’s wellness (Patent 12,136,493: col. 1, ln. 15-col. 2, ln. 31).
CLAIM 18:
The system of claim 17 wherein the each of the standards for the wellness components is either a demographic standard or a customized wellness standard.
CLAIM 18:
The system of claim 17 wherein the each of the standards for the wellness components is either a demographic standard or a customized wellness standard.
CLAIM 19:
The system of claim 17 further comprising receiving at least one user behavior preference indicative of a preferred recommended behavior, wherein the identification of the at least one recommended behavior is based on the at least one user behavior preference.
CLAIM 19:
The system of claim 17 further comprising receiving at least one user behavior preference indicative of a preferred recommended behavior, wherein the identification of the at least one recommended behavior is based on the at least one user behavior preference.
CLAIM 20:
The system of claim 17 wherein a recursive algorithm is used to carry out step c).
CLAIM 20:
The system of claim 17 wherein a gradient ascent algorithm or a recursive algorithm is used to carry out step c).
4.2. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 6-9, 12-13, 15-17, and 19 of U.S. Patent No. 11,417,429. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim(s) is/are either anticipated by, or would have been obvious over, the reference claim(s) because all of the limitations of claims 1-20 of instant pending patent application 18/920862 correspond to limitations recited in claims 1-2, 6-9, 12-13, 15-17, and 19 of U.S. Patent 11,417,429. Any claim limitation differences are not substantively significant and/or are obvious under a broad and reasonable interpretation, as detailed in the comparison chart below.
PENDING CLAIMS (18/920862)
US PATENT 11,417,429
CLAIM 1:
A method for providing a recommended wellness behavior, the method comprising:
a) receiving, for a user, user data for different wellness components, the user data comprising:
i) device data obtained from a wearable device, the device data being indicative of a physical health status or a stress status of the user;
ii) financial data for the user; and
iii) psychological data for the user;
b) receiving standards for the different wellness components;
c) for each wellness component:
i) determining a current user score based on the received user data;
ii) determining a comparison score based on the current user score;
iii) determining a deviation between the comparison score and the standard for the wellness component;
d) identifying at least one recommended behavior to be performed by the user, the identification being based on the determination, for each wellness component, of the deviation between the comparison score and the standard for the wellness component;
e) outputting an indicator of the at least one recommended behavior to be performed by the
user; and
f) the user receiving the indicator and performing the at least one recommended behavior;
g) wherein operations a) to e) are performed by one or more processors.
CLAIM 1:
A method for providing a recommended wellness behavior in real time, the method comprising:
a) receiving, for a user, user data for different wellness components, the user data comprising:
i) real-time device data obtained from a wearable device, the device data being indicative of a physical health status and a stress status of the user;
ii) financial data for the user; and
iii) psychological data for the user;
iv) wherein the user data includes current data and historical data;
b) receiving at least one user behavior preference indicative of a preferred recommended behavior;
c) receiving demographic standards for the different wellness components;
d) assessing the user's wellness by:
i) for each wellness component, determining a current user score based on the received user data;
ii) for each wellness component, determining a difference between the current user score and the demographic standard;
iii) for each wellness component, using a recursive algorithm to: 1) determine a predicted future score based on (a) the current user score; (b) the difference between the current user score and the demographic standard; and (c) a controller coefficient that depends on a demographic for the user; and 2) determine a difference between the predicted future score and the demographic standard;
e) identifying at least one recommended behavior to be performed by the user in real time, the identification being based on: i) an identification of the wellness components having greatest differences between the predicted future score and the demographic standard; and ii) the at least one user behavior preference;
f) automatically causing the wearable device to provide the user an indicator of the at least one recommended behavior to be performed by the user in real time, the indicator comprising a haptic alert provided by the wearable device or a message displayed by the wearable device; and
g) the user performing the at least one recommended behavior; h) wherein operations a) to f) are performed by one or more processors.
AND
CLAIM 10:
determining a comparison score
CLAIM 2:
The method of claim 1 wherein the each of the standards for the wellness components is either a demographic standard or a customized wellness standard.
CLAIM 1:
c) receiving demographic standards for the different wellness components;
CLAIM 3:
The method of claim 1 further comprising receiving at least one user behavior preference indicative of a preferred recommended behavior, wherein the identification of the at least one recommended behavior is based on the at least one user behavior preference.
CLAIM 1:
b) receiving at least one user behavior preference indicative of a preferred recommended behavior;
AND
e) identifying at least one recommended behavior to be performed by the user in real time, the identification being based on: i) an identification of the wellness components having greatest differences between the predicted future score and the demographic standard; and ii) the at least one user behavior preference;
CLAIM 4:
The method of claim 1 wherein the user behavior preferences comprises at least one of a preferred breathing technique or a preferred mindfulness exercise.
CLAIM 9:
The method of claim 1 wherein the user behavior preferences comprises at least one of a preferred breathing technique or a preferred mindfulness exercise.
CLAIM 5:
The method of claim 1: wherein device data obtained from the wearable device is real-time data; wherein operations a) to e) are repeated in real-time to provide the indicator of the at least one recommended behavior in real-time.
CLAIM 12:
The method of claim 10: wherein device data obtained from the wearable device is real-time data; wherein operations a) to e) are repeated in real-time to provide the indicator of the at least one recommended behavior in real-time.
CLAIM 6:
The method of claim 1 wherein the comparison score is a predicted future score, the predicted future score being determined based on: the current user score; a deviation between the current user score and the standard; and a controller coefficient that depends on a demographic for the user.
CLAIM 13:
The method of claim 10 wherein the comparison score is a predicted future score, the predicted future score being determined based on: the current user score; the difference between the user score and the demographic standard; and a controller coefficient that depends on a demographic for the user.
CLAIM 7:
The method of claim 6 wherein the determination of the deviation between the current user score and the demographic standard uses bias-based reasoning.
CLAIM 7:
The method of claim 1 wherein the determination of the difference between the current user score and the demographic standard uses bias-based reasoning.
CLAIM 8:
The method of claim 1 wherein the identification of at least one recommended behavior uses bias-based reasoning.
CLAIM 8:
The method of claim 1 wherein the identification of at least one recommended behavior uses bias-based reasoning.
CLAIM 9:
The method of claim 1 wherein the comparison score is the current user score.
CLAIM 15:
The method of claim 10 wherein the comparison score is the current user score
CLAIM 10:
The method of claim 1 wherein the comparison score is further based on previously-determined current user scores.
CLAIM 16:
The method of claim 10 wherein the comparison score is further based on previously-determined current user scores.
CLAIM 11:
The method of claim 1 wherein the user data includes current data and historical data.
CLAIM 17:
The method of claim 10 wherein the user data includes current data and historical data.
CLAIM 12:
The method of claim 1:
wherein the wellness components are grouped into at least one of three wellness categories, the wellness categories being psychological, physical, and financial;
wherein the psychological wellness category comprises at least one of the following wellness components: positivity, engagement, relationships, meaning, accomplishment, emotional stability, optimism, resilience, self esteem, or vitality;
wherein the physical wellness category comprises at least one of the following wellness components: weight, blood pressure, sugar, heart rate, age, sleep, diet; and
wherein the financial wellness category comprises at least one of the following wellness components: spending less than income, timely bill-paying, sufficient liquid savings, sufficient long-term savings, manageable debt load, prime credit score, have appropriate insurance, and plan ahead for expenses.
CLAIM 2:
The method of claim 1:
wherein the wellness components are grouped into at least one of three wellness categories, the wellness categories being psychological, physical, and financial;
wherein the psychological wellness category comprises at least one of the following wellness components: positivity, engagement, relationships, meaning, accomplishment, emotional stability, optimism, resilience, self esteem, or vitality;
wherein the physical wellness category comprises at least one of the following wellness components: weight, blood pressure, sugar, heart rate, age, sleep, diet; and
wherein the financial wellness category comprises at least one of the following wellness components: spending less than income, timely bill-paying, sufficient liquid savings, sufficient long-term savings, manageable debt load, prime credit score, have appropriate insurance, and plan ahead for expenses.
CLAIM 13:
The method of claim 1 wherein a recursive algorithm is used to carry out step c).
CLAIM 1:
iii) for each wellness component, using a recursive algorithm
CLAIM 14:
The method of claim 1 wherein the identification of the recommended behaviors is further based on past user recommendations.
CLAIM 6:
The method of claim 1 wherein the identification of the recommended behaviors is further based on past user recommendations.
CLAIM 15:
The method of claim 1 wherein the indicator of the at least one recommended behavior comprises a report, an SMS message, an email, or a haptic alert.
CLAIM 1:
f) automatically causing the wearable device to provide the user an indicator of the at least one recommended behavior to be performed by the user in real time, the indicator comprising a haptic alert
CLAIM 16:
The method of claim 1 wherein the indicator of the at least one recommended behavior is communicated to the user via the wearable device.
CLAIM 1:
f) automatically causing the wearable device to provide the user an indicator of the at least one recommended behavior to be performed by the user in real time, the indicator comprising a haptic alert
CLAIM 17:
A system for providing a recommended wellness behavior, the system comprising:
a) a wearable device configured to obtain device data indicative of a physical health status or a stress status of a user;
b) a server configured to carry out the operations of:
i) receiving user data for different wellness components, the user data comprising:
1) the device data;
2) financial data for the user; and
3) psychological data for the user;
ii) receiving standards for the different wellness components;
iii) for each wellness component:
1) determining a current user score based on the received user data;
2) determining a comparison score based on the current user score;
3) determining a deviation between the comparison score and the standard for the wellness component;
iv) identifying at least one recommended behavior to be performed by the user, the identification being based on the determination, for each wellness component, of the deviation between the comparison score and the standard for the wellness component; and
v) outputting an indicator of the at least one recommended behavior to be performed by the user, wherein the user receives the indicator and performs the recommended behavior.
CLAIM 19:
A system for providing a recommended wellness behavior, the system comprising:
a) a wearable device configured to obtain device data indicative of a physical health status or a stress status of a user;
b) a server configured to carry out the operations of:
i) receiving user data for different wellness components, the user data comprising:
1) the device data;
2) financial data for the user; and
3) psychological data for the user;
ii) receiving demographic standards for the different wellness components;
iii) assessing the user's wellness by:
1) for each wellness component, determining a current user score based on the received user data;
2) for each wellness component, determining a difference between the user score and the demographic standard;
3) for each wellness component, determining a comparison score based on the current user score;
iv) identifying at least one recommended behavior to be performed by the user, the identification being based on an identification of the wellness components having greatest differences between the comparison score and the demographic standard; and
v) outputting an indicator of the at least one recommended behavior to be performed by the user, wherein the user receives the indicator and performs the recommended behavior
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Claim 17 does not explicitly teach “determining a deviation between the comparison score and the standard for the wellness component.” Claim 1 of Patent 12,136,493, however, teaches “determining a deviation between the comparison score and the standard for the wellness component” (See, for example, Patent 12,136,493: Claim 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the aforementioned features, as taught by Patent 12,136,493, with Claim 17 of the pending application with the motivation of facilitating the improvement of a person’s wellness (Patent 11,417,429: col. 1, ln. 53-col. 2, ln. 67).
CLAIM 18:
The system of claim 17 wherein the each of the standards for the wellness components is either a demographic standard or a customized wellness standard.
CLAIM 1:
c) receiving demographic standards for the different wellness components;
CLAIM 19:
The system of claim 17 further comprising receiving at least one user behavior preference indicative of a preferred recommended behavior, wherein the identification of the at least one recommended behavior is based on the at least one user behavior preference.
CLAIM 1:
b) receiving at least one user behavior preference indicative of a preferred recommended behavior;
AND
e) identifying at least one recommended behavior to be performed by the user in real time, the identification being based on: i) an identification of the wellness components having greatest differences between the predicted future score and the demographic standard; and ii) the at least one user behavior preference;
CLAIM 20:
The system of claim 17 wherein a recursive algorithm is used to carry out step c).
CLAIM 1:
iii) for each wellness component, using a recursive algorithm
Allowable Subject Matter
5. The prior art does not reasonably teach and/or suggest the combination of features as presented including, inter alia, “the device data being indicative of a physical health status or a stress status of the user; ii) financial data for the user; and iii) psychological data for the user; b) receiving standards for the different wellness components; c) for each wellness component: i) determining a current user score based on the received user data; ii) determining a comparison score based on the current user score; iii) determining a deviation between the comparison score and the standard for the wellness component; d) identifying at least one recommended behavior to be performed by the user, the identification being based on the determination, for each wellness component, of the deviation between the comparison score and the standard for the wellness component;” as recited in independent claim 1; and “i) receiving user data for different wellness components, the user data comprising: 1) the device data; 2) financial data for the user; and 3) psychological data for the user; ii) receiving standards for the different wellness components; iii) for each wellness component: 1) determining a current user score based on the received user data; 2) determining a comparison score based on the current user score; 3) determining a deviation between the comparison score and the standard for the wellness component; iv) identifying at least one recommended behavior to be performed by the user, the identification being based on the determination, for each wellness component, of the deviation between the comparison score and the standard for the wellness component,” as recited in independent claim 17.
5.1. As such, Claims 1-20 appear to be novel over the prior art.
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Tomaszewski whose telephone number is (313)446-4863. The examiner can normally be reached M-F 5:30 am - 2:30 pm.
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/MICHAEL TOMASZEWSKI/Primary Examiner, Art Unit 3681 18920