Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claim(s)
Claims 1-20 have been examined.
Double Patenting
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.
Claims 1, 10, 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7, 14 of U.S. Patent No. 12,142,363. Although the claims at issue are not identical, they are not patentably distinct from each other because both claims recite storing, in a food micronutrient database accessible through an electronic device, the mapping identifies the individual micronutrient; receiving genetic information; storing in a library coupled with the food micronutrient database….
Below is a table showing detail Claims 1-20 of current application 18943711 and Claims 1-20 of US Patent 12,142,363.
18943711
US Patent No.12,142,363
1. A method of providing personalized food recommendations, the method comprising:
storing, in a food micronutrient database accessible through an electronic device, a mapping of genetic information to individual micronutrients, wherein the mapping identifies the individual micronutrients that are a match for each piece of genetic information;
receiving genetic information of a user;
storing, in a user library, the genetic information of the user;
storing, in the food micronutrient database, food nutrient data for a plurality of foods;
identifying food items from the plurality of foods that provide the individual micronutrients indicated in the mapping for the genetic information of the user;
outputting to the user a personalized list of food items comprising the identified food items that are healthiest options for the user based on the genetic information of the user;
receiving feedback data regarding effectiveness of a consumed food item from the identified food items in making progress toward reaching a therapeutic objective of the user; and
creating an individual food score for the consumed food item with respect to the genetic information and the therapeutic objective of the user.
2. The method of claim 1, wherein the feedback data is received from the user.
3. The method of claim 1, wherein the feedback data is received from a healthcare provider.
4. The method of claim 1, wherein the feedback data comprises changes in symptoms, vital signs, overall health and fitness, or physical or mental energy.
5. The method of claim 1, further comprising updating the mapping based on the individual food score.
6. The method of claim 5, further comprising outputting future recommendations for the user and other users based on the updated mapping.
7. The method of claim 1, further comprising receiving subjective feedback about the user’s enjoyment of the food.
8. The method of claim 1, wherein the food score is weighted based on the feedback data.
9. The method of claim 1, wherein the mapping comprises a mapping of genetic information and therapeutic objectives to individual micronutrients, and wherein the method further comprises: receiving therapeutic objectives of the user; storing, in the user library, the therapeutic objectives of the user; and identifying one or more micronutrients that match the genetic information and therapeutic objectives of the user based on the mapping.
10. A method of developing a personalized meal plan, the method comprising: storing, in a food micronutrient database, food nutrient data for a plurality of foods and a mapping of genetic information to individual micronutrients; storing, in a user library, the genetic information of a user; receiving a food recommendation request from the user through a software application on an electronic device; retrieving the genetic information of the user from the user library; identifying one or more micronutrients for the user based on the genetic information and the mapping; analyzing the food nutrient data of the plurality of foods to identify one or more foods of the plurality of foods that will provide the identified one or more micronutrients; and outputting a food recommendation to the user that comprises food selected from the identified one or more foods, wherein the food recommendation to the user comprises a food plan for a period of time.
11. The method of claim 10, wherein the period of time is at least one week.
12. The method of claim 10, further comprising receiving dietary preferences of the user, and wherein the food recommendation only includes identified food items that align with the dietary preferences of the user.
13. The method of claim 10, further comprising administering a genetic test to the user to determine the genetic information of the user.
14. The method of claim 10, wherein the mapping comprises a mapping of genetic information and medical information to individual micronutrients, and wherein the method further comprises: receiving medical information of the user; storing, in the user library, the medical information of the user; and identifying one or more micronutrients that match the genetic information and medical information of the user based on the mapping.
15. The method of claim 10, wherein the mapping comprises a mapping of genetic information and therapeutic objectives to individual micronutrients, and wherein the method further comprises: receiving therapeutic objectives of the user; storing, in the user library, the therapeutic objectives of the user; and identifying one or more micronutrients that match the genetic information and therapeutic objectives of the user based on the mapping.
16. The method of claim 10, wherein the mapping indicates a specific amount of the individual micronutrients for each piece of genetic information.
17. The method of claim 10, wherein the mapping comprises a mapping of genetic information, medical information, and therapeutic objectives to individual micronutrients, and wherein the method further comprises: receiving medical information and therapeutic objectives of the user; storing, in the user library, the medical information and therapeutic objectives of the user; and identifying one or more micronutrients for the user based on the genetic information, the medical information, and the therapeutic objectives of the user and the mapping.
18. A method of developing a personalized meal plan, the method comprising: storing, in a food micronutrient database, a food menu for at least one restaurant and nutrient data of each menu item on the food menu and a mapping of genetic information to individual micronutrients; storing, in a user library, the genetic information of a user; receiving a food recommendation request from the user through a software application on an electronic device, the food recommendation request indicating a specific restaurant selected from among the at least one restaurant where the user plans to eat food; retrieving the genetic information of the user from the user library; identifying one or more micronutrients for the user based on the genetic information and the mapping; identifying menu items from the food menu that provide the one or more micronutrients; and outputting to the user a personalized list of food choices comprising the identified menu items from the food menu of the restaurant that are healthiest options for the user based on the genetic information.
19. The method of claim 18, further comprising outputting a list of menu items from the food menu that are worst for the user to consume based on the genetic information, the medical information, and the therapeutic objectives of the user.
20. The method of claim 18, further comprising: receiving subjective feedback data about how the user enjoyed the consumed menu items; and updating dietary preferences of the user based on the subjective feedback data.
A method of providing genetically personalized food recommendations, the method comprising:
storing, in a food micronutrient database accessible through an electronic device, a mapping of genetic information to individual micronutrients, wherein the mapping identifies the individual micronutrients that are a match for each piece of genetic information and indicates a specific amount of the identified individual micronutrients for each piece of genetic information;
storing, in the food micronutrient database, food nutrient data for a plurality of foods;
receiving genetic information of a user;
storing, in a user library coupled with the food micronutrient database, the genetic information of the user;
receiving a food recommendation request from the user through a software application on the electronic device;
identifying one or more micronutrients that match the genetic information of the user based on the mapping;
identifying food items from the plurality of foods that provide the specific amount of the one or more micronutrients indicated in the mapping for the genetic information of the user; and
outputting to the user a personalized list of food items comprising the identified food items that are healthiest options for the user based on the genetic information of the user.
2. The method of claim 1, further comprising receiving dietary preferences of the user, wherein the personalized list of food items only includes the identified food items that align with the dietary preferences of the user.
3. The method of claim 1, further comprising administering a genetic test to the user to determine the genetic information of the user.
4. The method of claim 1, wherein the plurality of foods comprises menu items from one or more restaurants, recipe ingredients of a home-cooked meal, and food items for sale in a grocery store.
5. The method of claim 1, wherein the mapping comprises a mapping of genetic information and medical information to individual micronutrients, and wherein the method further comprises:
receiving medical information of the user;
storing, in the user library, the medical information of the user; and
identifying one or more micronutrients that match the genetic information and medical information of the user based on the mapping.
6. The method of claim 1, wherein the mapping comprises a mapping of genetic information and therapeutic objectives to individual micronutrients, and wherein the method further comprises:
receiving therapeutic objectives of the user;
storing, in the user library, the therapeutic objectives of the user; and
identifying one or more micronutrients that match the genetic information and therapeutic objectives of the user based on the mapping.
7. A method of providing genetically personalized food recommendations, the method comprising:
storing, in a food micronutrient database, food nutrient data for a plurality of foods and a mapping of genetic information to individual micronutrients;
receiving genetic information of a user;
storing, in a user library, the genetic information of the user;
identifying one or more micronutrients for the user based on the genetic information and the mapping;
analyzing the food nutrient data of the plurality of foods to identify one or more foods of the plurality of foods that will provide the identified one or more micronutrients; and
outputting a food recommendation to the user that comprises food selected from the identified one or more foods.
8. The method of claim 7, wherein the food recommendation comprises a food plan for a period of time.
9. The method of claim 8, wherein the period of time is at least one week.
10. The method of claim 7, wherein the food recommendation comprises a food plan for one meal.
11. The method of claim 7, wherein the food recommendation comprises a single food item.
12. The method of claim 7, wherein the mapping indicates a specific amount of the individual micronutrients for each piece of genetic information.
13. The method of claim 7, wherein the mapping comprises a mapping of genetic information, medical information, and therapeutic objectives to individual micronutrients, and wherein the method further comprises:
receiving medical information and therapeutic objectives of the user;
storing, in the user library, the medical information and therapeutic objectives of the user; and
identifying one or more micronutrients for the user based on the genetic information, the medical information, and the therapeutic objectives of the user and the mapping.
14. A genetically personalized food recommendation system comprising:
a processor communicatively coupled to a network and configured to receive genetic information of a plurality of users through the network; and
a storage communicatively coupled to the processor, the storage comprising a user library and a food micronutrient database,
wherein the user library comprises a plurality of user profiles corresponding to the plurality of users, each of the user profiles comprising the genetic information of one of the plurality of users,
wherein the food micronutrient database comprises food nutrient data for a plurality of foods and a mapping of genetic information to individual micronutrients, and
wherein the processor is configured to:
receive a food recommendation request from one of the plurality of users through the network;
retrieve information regarding the genetic information of the one of the plurality of users from the user library and data from the food micronutrient database;
identify one or more micronutrients that match the genetic information of the one of the plurality of users based on the mapping;
identify at least one of the plurality of foods that provides the one or more micronutrients; and
send a food recommendation comprising the at least one of the plurality of foods to the one of the plurality of users through the network.
15. The system of claim 14, wherein the processor is configured to receive the genetic information of the plurality of users through the network directly from one or more genetic testing kits.
16. The system of claim 14, wherein the food recommendation comprises a food plan for a period of time.
17. The system of claim 16, wherein the period of time is at least one week.
18. The system of claim 14, wherein the food recommendation comprises a food plan for one meal.
19. The system of claim 14, wherein the mapping indicates a specific amount of the individual micronutrients for each piece of genetic information.
20. The system of claim 14, wherein the mapping comprises a mapping of genetic information, medical information, and therapeutic objectives to individual micronutrients, and wherein the processor is further configured to:
receive medical information and therapeutic objectives of the plurality of users; and
identify one or more micronutrients that match the genetic information, the medical information, and the therapeutic objectives of the one of the plurality of users based on the mapping.
Claims 1, 10, 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8, 14 of U.S. Patent No. 11,600,375. Although the claims at issue are not identical, they are not patentably distinct from each other because both claims recite storing, in a food micronutrient database accessible through an electronic device, the mapping identifies the individual micronutrient; receiving genetic information; storing in a library coupled with the food micronutrient database….
Below is a table showing detail Claims 1-20 of current application 18943711 and Claims 1-20 of US Patent 12,142,363.
18943711
US Patent No.11,600,375
1. A method of providing personalized food recommendations, the method comprising:
storing, in a food micronutrient database accessible through an electronic device, a mapping of genetic information to individual micronutrients, wherein the mapping identifies the individual micronutrients that are a match for each piece of genetic information;
receiving genetic information of a user;
storing, in a user library, the genetic information of the user;
storing, in the food micronutrient database, food nutrient data for a plurality of foods;
identifying food items from the plurality of foods that provide the individual micronutrients indicated in the mapping for the genetic information of the user;
outputting to the user a personalized list of food items comprising the identified food items that are healthiest options for the user based on the genetic information of the user;
receiving feedback data regarding effectiveness of a consumed food item from the identified food items in making progress toward reaching a therapeutic objective of the user; and
creating an individual food score for the consumed food item with respect to the genetic information and the therapeutic objective of the user.
2. The method of claim 1, wherein the feedback data is received from the user.
3. The method of claim 1, wherein the feedback data is received from a healthcare provider.
4. The method of claim 1, wherein the feedback data comprises changes in symptoms, vital signs, overall health and fitness, or physical or mental energy.
5. The method of claim 1, further comprising updating the mapping based on the individual food score.
6. The method of claim 5, further comprising outputting future recommendations for the user and other users based on the updated mapping.
7. The method of claim 1, further comprising receiving subjective feedback about the user’s enjoyment of the food.
8. The method of claim 1, wherein the food score is weighted based on the feedback data.
9. The method of claim 1, wherein the mapping comprises a mapping of genetic information and therapeutic objectives to individual micronutrients, and wherein the method further comprises: receiving therapeutic objectives of the user; storing, in the user library, the therapeutic objectives of the user; and identifying one or more micronutrients that match the genetic information and therapeutic objectives of the user based on the mapping.
10. A method of developing a personalized meal plan, the method comprising: storing, in a food micronutrient database, food nutrient data for a plurality of foods and a mapping of genetic information to individual micronutrients; storing, in a user library, the genetic information of a user; receiving a food recommendation request from the user through a software application on an electronic device; retrieving the genetic information of the user from the user library; identifying one or more micronutrients for the user based on the genetic information and the mapping; analyzing the food nutrient data of the plurality of foods to identify one or more foods of the plurality of foods that will provide the identified one or more micronutrients; and outputting a food recommendation to the user that comprises food selected from the identified one or more foods, wherein the food recommendation to the user comprises a food plan for a period of time.
11. The method of claim 10, wherein the period of time is at least one week.
12. The method of claim 10, further comprising receiving dietary preferences of the user, and wherein the food recommendation only includes identified food items that align with the dietary preferences of the user.
13. The method of claim 10, further comprising administering a genetic test to the user to determine the genetic information of the user.
14. The method of claim 10, wherein the mapping comprises a mapping of genetic information and medical information to individual micronutrients, and wherein the method further comprises: receiving medical information of the user; storing, in the user library, the medical information of the user; and identifying one or more micronutrients that match the genetic information and medical information of the user based on the mapping.
15. The method of claim 10, wherein the mapping comprises a mapping of genetic information and therapeutic objectives to individual micronutrients, and wherein the method further comprises: receiving therapeutic objectives of the user; storing, in the user library, the therapeutic objectives of the user; and identifying one or more micronutrients that match the genetic information and therapeutic objectives of the user based on the mapping.
16. The method of claim 10, wherein the mapping indicates a specific amount of the individual micronutrients for each piece of genetic information.
17. The method of claim 10, wherein the mapping comprises a mapping of genetic information, medical information, and therapeutic objectives to individual micronutrients, and wherein the method further comprises: receiving medical information and therapeutic objectives of the user; storing, in the user library, the medical information and therapeutic objectives of the user; and identifying one or more micronutrients for the user based on the genetic information, the medical information, and the therapeutic objectives of the user and the mapping.
18. A method of developing a personalized meal plan, the method comprising: storing, in a food micronutrient database, a food menu for at least one restaurant and nutrient data of each menu item on the food menu and a mapping of genetic information to individual micronutrients; storing, in a user library, the genetic information of a user; receiving a food recommendation request from the user through a software application on an electronic device, the food recommendation request indicating a specific restaurant selected from among the at least one restaurant where the user plans to eat food; retrieving the genetic information of the user from the user library; identifying one or more micronutrients for the user based on the genetic information and the mapping; identifying menu items from the food menu that provide the one or more micronutrients; and outputting to the user a personalized list of food choices comprising the identified menu items from the food menu of the restaurant that are healthiest options for the user based on the genetic information.
19. The method of claim 18, further comprising outputting a list of menu items from the food menu that are worst for the user to consume based on the genetic information, the medical information, and the therapeutic objectives of the user.
20. The method of claim 18, further comprising: receiving subjective feedback data about how the user enjoyed the consumed menu items; and updating dietary preferences of the user based on the subjective feedback data.
1. A method of providing genetically personalized food recommendations, the method comprising:
storing, in a food micronutrient database accessible through an electronic device, a mapping of genetic information to individual micronutrients, wherein the mapping identifies the individual micronutrients that are a match for each piece of genetic information and indicates a specific amount of the identified individual micronutrients for each piece of genetic information;
storing, in the food micronutrient database, food nutrient data for a plurality of foods;
receiving genetic information of a user;
storing, in a user library coupled with the food micronutrient database, the genetic information of the user;
receiving a food recommendation request from the user through a software application on the electronic device;
identifying one or more micronutrients that match the genetic information of the user based on the mapping;
identifying food items from the plurality of foods that provide the specific amount of the one or more micronutrients indicated in the mapping for the genetic information of the user; and
2. The method of claim 1, further comprising administering a genetic test to the user to determine the genetic information of the user.
3. The method of claim 2, further comprising receiving input from the user indicating the menu items consumed by the user.
4. The method of claim 3, further comprising receiving feedback data about an effectiveness of the consumed menu items in improving the medical information or in making progress on reaching the therapeutic objectives.
5. The method of claim 4, further comprising creating an individual food score for the consumed menu items with respect to the genetic information, the medical information, and the therapeutic objectives of the user based on the feedback data; and
updating the mapping based on the individual food score; and
outputting future recommendations for the user and other users with reference to the updated mapping.
6. The method of claim 5, further comprising receiving subjective feedback data about how the user enjoyed the consumed menu items; and
updating the dietary preferences of the user based on the subjective feedback data.
7. The method of claim 6, further comprising outputting a list of menu items from the food menu that are worst for the user to consume based on the genetic information, the medical information, and the therapeutic objectives of the user.
8. A method of providing genetically personalized food recommendations, the method comprising:
determining information about nutritional needs associated with a plurality of combinations of genetic information, medical information, and therapeutic objectives, the determining comprising, for each specific micronutrient of a plurality of individual micronutrients:
creating an individual score for each of a plurality of existing individual scientific literature references that links the specific micronutrient to at least one of specific genetic information, specific medical information, and a specific therapeutic objective;
combining the individual scores for each of the plurality of existing individual scientific literature references for the specific micronutrient with respect to each combination of specific genetic information, specific medical information, and the specific therapeutic objective; and
determining that the specific micronutrient matches the specific genetic information, the specific medical information, and the specific therapeutic objective when a combination of the individual scores for the specific micronutrient with respect to the specific genetic information, the specific medical information, and the specific therapeutic objective exceeds a predetermined threshold;
storing, in a food micronutrient database, food nutrient data for a plurality of foods and the information about nutritional needs associated with a plurality of combinations of genetic information, medical information, and therapeutic objectives, the food nutrient data comprising proximates data, inorganics data, micronutrients data, vitamin fractions data, fatty acid compositions data, and bioactive compounds data;
receiving genetic information, medical information, therapeutic objectives, and dietary preferences of a user;
storing, in a user library, the genetic information, the medical information, the therapeutic objectives, and the dietary preferences of the user;
determining nutritional needs of the user based on the genetic information, the medical information, and the therapeutic objectives of the user and the information about nutritional needs stored in the food micronutrient database associated with the user's combination of genetic information, medical information, and therapeutic objectives;
analyzing the food nutrient data of the plurality of foods to identify one or more foods of the plurality of foods that will provide the nutritional needs of the user;
comparing the identified one or more foods with the dietary preferences of the user; and
outputting a food recommendation to the user that comprises food selected from the identified one or more foods that align with the dietary preferences of the user.
9. The method of claim 8, wherein the plurality of foods comprises specific menu items from at least one restaurant.
10. The method of claim 9, wherein the plurality of foods comprises recipe ingredients of a home-cooked meal.
11. The method of claim 8, wherein the information about nutritional needs comprises genetic modifiers information about how different genes, genotypes, and genomes react to each micronutrient and combination of micronutrients.
12. The method of claim 8, wherein the genetic information of the user comprises at least one of a gene, a genome, a genotype, and a single nucleotide polymorphism (SNP) of the user.
13. The method of claim 8, further comprising outputting a warning for the user not to eat particular foods of the plurality of foods based on at least one of the genetic information, the medical information, and the therapeutic objectives of the user.
14. A genetically personalized food recommendation system comprising:
a processor communicatively coupled to a network and configured to receive at least two of genetic information, medical information, therapeutic objectives, and dietary preferences from each of a plurality of users through the network; and
a storage communicatively coupled to the processor, the storage comprising a user library and a food micronutrient database,
wherein the user library comprises a plurality of user profiles corresponding to the plurality of users, each of the user profiles comprising at least two of the genetic information, the medical information, the therapeutic objectives, and the dietary preferences of one of the plurality of users,
wherein the food micronutrient database comprises food nutrient data for a plurality of foods and a mapping of individual micronutrients to at least two of genetic information, medical information, and therapeutic objectives,
wherein the mapping is developed by, for each specific micronutrient of the individual micronutrients:
creating an individual score for each of a plurality of existing individual scientific literature references that links the specific micronutrient to at least one of specific genetic information, specific medical information, and a specific therapeutic objective;
combining the individual scores for each of the plurality of existing individual scientific literature references for the specific micronutrient with respect to each combination of specific genetic information, specific medical information, and the specific therapeutic objective; and
determining that the specific micronutrient matches the specific genetic information, the specific medical information, and the specific therapeutic objective when a combination of the individual scores for the specific micronutrient with respect to the specific genetic information, the specific medical information, and the specific therapeutic objective exceeds a predetermined threshold, and
wherein the processor is configured to:
receive a food recommendation request from one of the plurality of users through the network;
retrieve information regarding the genetic information, the medical information, the therapeutic objectives, and the dietary preferences of the one of the plurality of users from the user library and data from the food micronutrient database;
identify one or more micronutrients that match any of the genetic information, the medical information, and the therapeutic objectives of the one of the plurality of users based on the mapping;
identify at least one of the plurality of foods that provides the one or more micronutrients and aligns with the dietary preferences of the one of the plurality of users; and
send a food recommendation comprising the at least one of the plurality of foods to the one of the plurality of users through the network.
15. The system of claim 14, wherein the plurality of foods comprises specific menu items of at least one restaurant.
16. The system of claim 15, wherein the plurality of foods comprises recipe ingredients of a home-cooked meal.
17. The system of claim 14, wherein the genetic information of the one of the plurality of users comprises at least one of a gene, a genome, a genotype, and a single nucleotide polymorphism (SNP) of the user.
18. The system of claim 14, wherein the processor is further configured to output a warning for the one of the plurality of users not to eat particular foods of the plurality of foods based on at least one of the genetic information, the medical information, and the therapeutic objectives of the one of the plurality of users.
19. The system of claim 14, wherein the processor is further configured to receive input from each of the plurality of users indicating foods of the plurality of foods that each of the plurality of users have consumed.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
O2012033537A1
Claim(s) 21-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Neil Grimmer et al. (EP3529379B1 hereinafter Neil Grimmer) in view of Bennett et al. (US. 20130216982A2 hereinafter Bennett).
With respect to claim 1, Neil Grimmer teaches a method of providing personalized food recommendations, the method comprising:
storing, in a food micronutrient database accessible through an electronic device (‘379; Para 0014: system for recommending foods to a user based on health data, comprises a database, a memory and a processor. The database stores user health data for each user within a community of users, including vitals, genotypical and phenotypical data, user food preference data and foods data that includes macronutrient and micronutrient data for foods that may be recommended to a user.), a mapping of genetic information to individual micronutrients, wherein the mapping identifies the individual micronutrients that are a match for each piece of genetic information (‘379; Para 0040: the diet type is determined for the user and may be stored in the database 105 in association with the user. The diet type may be determined in 212 directly from macronutrient information. Alternatively diet type may be determined based on mapping one or more macronutrient recommendations or one or more macronutrient and micronutrient recommendations to a set of predetermined diet types for the system; Para 0056: the diet type is determined for the user and may be stored in the database 105 in association with the user. The diet type may be determined in 212 directly from macronutrient information. Alternatively diet type may be determined based on mapping one or more macronutrient recommendations or one or more macronutrient and micronutrient recommendations to a set of predetermined diet types for the system; Para 0114: The decision tree Engine 108 receive the vitals, genotype and phenotype data for each user and convert this data into macronutrient and micronutrient recommendations; );
receiving genetic information of a user (‘379; Para 0013: systems and methods use data from individual users, including their vitals data, such as waist circumference, blood pressure and age; genotypical data including data on a user's DNA and genetic variations such as particular single nucleotide polymorphisms (SNPs), and phenotypical data relating to markers obtained from blood samples from the individual. By focusing on these and other types of data associated with a person's body, rules and logic may be applied to classify individuals into specific diet types that specify at the macronutrient and micronutrient level a personalized diet and also what foods should be eaten by the person);
storing, in a user library, the genetic information of the user (‘379; Para 00124: master library…);
storing, in the food micronutrient database, food nutrient data for a plurality of foods (‘379; Para 0115: The micronutrient recommendations for each user are similarly based on the vitals, phenotype and genotype data for each user. However, certain micronutrient recommendations may be based on less than all three data types. A list of micronutrients and/or foods, levels for all or some of which may be determined for each user are shown in Figure 8. Meals, recipes, foods, snacks and supplements that are stored in the database 106 also may include information on levels of micronutrients such as those in the list of Figure 8. Both for the macronutrient recommendations and the micronutrient recommendations, the decision logic may include determining intermediate values that are used in determining multiple macronutrient or micronutrient recommendations);
Bennett teaches
identifying food items from the plurality of foods that provide the individual micronutrients indicated in the mapping for the genetic information of the user (‘982; Para 0127: FIG. 10 is a flowchart of a method used by a computerized system to determine one or more food items suitable for recommendation to be consumed by a person);
outputting to the user a personalized list of food items comprising the identified food items that are healthiest options for the user based on the genetic information of the user (‘982; Para 0135: FIG. 17 is an example screen that displays a list of consumed and logged foods specific to the user,);
receiving feedback data regarding effectiveness of a consumed food item from the identified food items in making progress toward reaching a therapeutic objective of the user (‘982; Para 0258: the processor 105 receives the target nutritional profile for the user, including a target levels for a plurality of nutrients. As discussed above, the target profile is specifically generated for the user based on a selected dietary program, which may include other user-selected constraints or goals. The processor 105 may also receive profile data related to the user. Based on the user's profile data, the processor 105 may filter the received menu options such that a set of remaining menu options are suitable for the user's needs. For example, if the user has any allergies or dietary restrictions, the menu options that include such ingredients or foods may be removed prior to optimization.); and
creating an individual food score for the consumed food item with respect to the genetic information and the therapeutic objective of the user (‘982; Para 0019; Para 0266: By displaying the menu combinations along with the predicted index impact, the systems and methods described herein provide more information than a binary recommendation system, which simply tells a user which food items are acceptable or unacceptable. In particular, a binary recommendation system might simply provide a user with one of two options—consume this item or do not consume this item. By providing the user with a personalized score for each combination of menu options, the user may make an informed choice when deciding which menu options to order. ).
It would have been obvious to one of ordinary skill in the art to include in the meal selection based on vitals, genotype, and phenotype of Neil Grimmer the user-specific modulation of nutrient intake as taught by Bennet since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Claims 10 and 18 are rejected as the same reason with claim 1.
With respect to claim 2, the combined art teaches the method of claim 1, Neil Grimmer discloses wherein the feedback data is received from the user (‘379; Para 0116: the decision tree logic be updated based on feedback from results of users of the system as the vitals and phenotypical data of users change over time based on their meals. activity levels and aging.).
With respect to claim 3, the combined art teaches the method of claim 1, Neil Grimmer discloses wherein the feedback data is received from a healthcare provider (‘379; Para 0023: he system 100 also may include devices 102 associated with health service providers and devices 103 associated with meal, recipe or supplement providers).
With respect to claim 4, the combined art teaches the method of claim 1, Neil Grimmer discloses wherein the feedback data comprises changes in symptoms, vital signs, overall health and fitness, or physical or mental energy (‘379; Para 0014, 0044).
With respect to claim 5, the combined art teaches the method of claim 1, Neil Grimmer discloses further comprising updating the mapping based on the individual food score (‘379; Para 0057: igure 8 depicts a list of micronutrients (or basic foods) that may be given values specific to a user and used to score each meal, recipe or snack in the meal ranker algorithm and that also may be given values in each meal).
With respect to claim 6, the combined art teaches the method of claim 5, Neil Grimmer discloses further comprising outputting future recommendations for the user and other users based on the updated mapping (‘379; Para 0040).
With respect to claim 7, the combined art teaches the method of claim 1, Neil Grimmer discloses further comprising receiving subjective feedback about the user’s enjoyment of the food (‘379; Para 0116).
With respect to claim 8, the combined art teaches the method of claim 1, Neil Grimmer discloses wherein the food score is weighted based on the feedback data (‘379; Para 0059).
With respect to claim 9, the combined art teaches the method of claim 1, Neil Grimmer discloses wherein the mapping comprises a mapping of genetic information and therapeutic objectives to individual micronutrients, and wherein the method further comprises:
receiving therapeutic objectives of the user (‘379; Para 0013);
storing, in the user library, the therapeutic objectives of the user (‘379; Para 0124); and
identifying one or more micronutrients that match the genetic information and therapeutic objectives of the user based on the mapping (‘379; Para 0032).
With respect to claim 11, the combined art teaches the method of claim 10, Neil Grimmer discloses wherein the period of time is at least one week (‘379; Para 0013).
With respect to claim 12, the combined art teaches the method of claim 10, Bennett Grimmer discloses further comprising receiving dietary preferences of the user, and wherein the food recommendation only includes identified food items that align with the dietary preferences of the user (‘982; Para 0021: a computer system for aligning a person's diet with specific dietary goals).
With respect to claim 13, the combined art teaches the combined art teaches the method of claim 10, Neil Grimmer discloses further comprising administering a genetic test to the user to determine the genetic information of the user (‘379; Paras 0064-0065; Para 0161).
With respect to claim 14, the combined art teaches the method of claim 10, Neil Grimmer discloses wherein the mapping comprises a mapping of genetic information and medical information to individual micronutrients, and wherein the method further comprises: receiving medical information of the user (‘379; Para 0193); storing, in the user library, the medical information of the user; and identifying one or more micronutrients that match the genetic information and medical information of the user based on the mapping (‘379; Para 0032).
With respect to claim 15, the combined art teaches the method of claim 10, Neil Grimmer discloses wherein the mapping comprises a mapping of genetic information and therapeutic objectives to individual micronutrients, and wherein the method further comprises: receiving therapeutic objectives of the user; storing, in the user library, the therapeutic objectives of the user; and identifying one or more micronutrients that match the genetic information and therapeutic objectives of the user based on the mapping (‘379; Paras 19: FIG 5, Para 0040).
With respect to claim 16, the combined art teaches the method of claim 10, Neil Grimmer discloses wherein the mapping indicates a specific amount of the individual micronutrients for each piece of genetic information (‘379; Para 0013: By focusing on these and other types of data associated with a person's body, rules and logic may be applied to classify individuals into specific diet types that specify at the macronutrient and micronutrient level a personalized diet and also what foods should be eaten by the person).
With respect to claim 17, the combined art teaches the method of claim 10, Neil Grimmer discloses wherein the mapping comprises a mapping of genetic information, medical information, and therapeutic objectives to individual micronutrients, and wherein the method further comprises: receiving medical information and therapeutic objectives of the user; storing, in the user library, the medical information and therapeutic objectives of the user; and identifying one or more micronutrients for the user based on the genetic information, the medical information, and the therapeutic objectives of the user and the mapping (‘379; Paras 0013-0014).
With respect to claim 19, the combined art teaches the method of claim 18, Neil Grimmer discloses further comprising outputting a list of menu items from the food menu that are worst for the user to consume based on the genetic information, the medical information, and the therapeutic objectives of the user (‘379; Para 0115).
With respect to claim 20, the combined art teaches the method of claim 18, Neil Grimmer discloses further comprising:
receiving subjective feedback data about how the user enjoyed the consumed menu items; and updating dietary preferences of the user based on the subjective feedback data (‘379; Para 0046).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HIEP VAN NGUYEN whose telephone number is (571)270-5211. The examiner can normally be reached Monday through Friday between 8:00AM and 5:00PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason B Dunham can be reached at 5712728109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HIEP V NGUYEN/Primary Examiner, Art Unit 3686