DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Galloway et al (US 20180160983 A1) in view of Apte et al (US 10325685 B2).
Regarding claims 1 and 10, Galloway discloses a method (via computer program recorded on a storage medium, which is coupled to a computing device, including: memory; a transceiver; an input/output device; and a processor for processing instructions loaded into the memory (pars 0024-0026), in order to execute the following steps), comprising: obtaining an electrocardiogram signal measured for a user (abstract, pars 0011-0016) and identifying one or more lacked nutrients and one or more surplus nutrients corresponding to the user's health condition by analyzing the electrocardiogram signal using pre-trained artificial intelligence (pars 0011-0016, 0018-0023, 0040).
Galloway discloses the claimed invention as detailed above, but does not explicitly disclose setting a menu including at least one food that can supplement the identified lacked nutrients and avoid the identified surplus nutrients. Apte is analogous art in regard to monitoring diet-related conditions (col 69, ln 64-col 70, ln 34). Apte discloses it was known in the art to setting a menu including at least one food that can supplement the identified lacked nutrients and avoid the identified surplus nutrients (col 69, ln 64-col 70, ln 34; col 71, ln 39-col 72, ln 28). Applied to the invention of Galloway, the features of Apte would provide means for setting a menu including at least one food that can supplement the identified lacked nutrients and avoid the identified surplus nutrients as known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the features of Apte in the invention of Galloway, since such a modification would provide the predictable results of effective treatment of diet-related conditions via characterized health conditions in an individualized and population-wide manner.
Allowable Subject Matter
Claims 2-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Moerman et al (WO2002062212A2, copy included with Office action), a personal condition management system comprising an input device, an advisory facility and an output device, wherein: said input device is adapted to communicate historical, current and/or prospective condition-relevant data to said advisory facility; said advisory facility is adapted to receive and store historical, current and/or prospective condition-relevant data from said input device and process said condition-relevant data to generate a treatment recommendation; and said output device is adapted to receive the treatment recommendation from the advisory facility and communicate receipt of said treatment recommendation to a patient. Details monitoring of analytes (page 3) and menu assessment (page 4) for a patient.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lindsey G Wehrheim whose telephone number is (571)270-5181. The examiner can normally be reached Monday - Friday 9 a.m. - 5 p.m. EST.
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Lindsey G Wehrheim
Primary Examiner
Art Unit 3799
/LINDSEY G WEHRHEIM/Primary Examiner, Art Unit 3799
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