Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
This application is a continuation of and claims priority to U.S. Patent Application No. 18/211,922, filed June 20, 2023. U.S. Patent Application No. 18/211,922 is a continuation o f and claims priority to U.S. Patent Application No. 17/989,388, filed November 17, 2022, which is incorporated herein by reference in its entirety. U.S. Patent Application No. 17/989,388 is a continuation of and claims priority to U.S. Patent Application No. 17/175,995, filed February 15, 2021, which is incorporated herein by reference in its entirety. U.S. Patent Application No. 17/175,995 is a continuation of and claims priority to 17/004,494, filed August 27, 2020, which is incorporated herein by reference in its entirety. U.S. Patent Application No. 17/004,494 is a continuation of and claims priority to 15/927,785 filed March 21, 2018, which is incorporated herein by reference in its entirety. U.S. Patent Application No. 15/927,785 is a continuation of and claims priority to U.S. Patent Application No. 14/822,023 filed August 10, 2015, which is incorporated herein by reference in its entirety. U.S. Patent Application No. 14/822,023 is a continuation of and claims priority to U.S. Patent Application No. 12/047,203 filed March 12, 2008, which is also incorporated herein by reference in its entirety. U.S. Patent Application No. 12/047,203 claims priority to U.S. Provisional Application No. 60/895,236 filed March 16, 2007, which is also incorporated herein by reference in its entirety.
This action is in response to Applicant’s response, filed on March 13, 2026. The restriction requirement (on March 04, 2026). Applicant elects Group II (claims 11-20) with traverse. However, it is not found persuasive. Claim 1 recites, retrieving, from a database structure, attribute profiles related to a plurality of individuals, wherein the each of the attribute profiles includes genetic attributes, behavioral attributes, and health information. Claim 11 recites, receiving an attribute profile associated with an individual, wherein the attribute profile specifies genetic attributes. Group I can be used in different method in Group II. Inventions are different. Searches and examinations are made in serious burden for examiner. Thus, the requirement is still deemed proper.
Currently pending are claims 11-20 of which claims 11, and 20 are independent. All other claims are dependent.
Claims 11-20 are pending for examination in this office action.
This action is response to the application filed on March 13, 2026.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 11-20 are rejected under 35 U.S.C. 102(b) as being anticipated by Hodgdon (US 20050228692 A1).
With respect to claims 11 and 20, Hodgdon teaches
receiving an attribute profile associated with an individual, wherein the attribute profile specifies genetic attributes (FIG. 3, FIG. 4, [0024] participants a health risk addressing health risks, recognizes analyzed or raw data from biomedical analyses obtained from a bio sample received from participants. [0056] a participant disease and/or condition by detecting genetic abnormalities of the participant’s DNA genetic marker from participants);
retrieving, from a database structure, genetic attributes from a plurality of individuals that is correlated with a health condition ([0024] access a database to determine the Health Score of the participant. [0056] DNA sample that predicts and/or indicates a risk of developing a disease. DNA samples can affect body part of the participant in genetic diagnosis support system. [0059] genetic factors that can predispose women to developing cancer);
determining, based on a correlation between the genetic attributes of the individual and the genetic attributes that is correlated with the health condition, a genetic predisposition of the individual to exhibit the health condition ([0059] genetic factors that can predispose women to developing cancer);
obtaining, from the database structure, behavioral attributes from the plurality of individuals that is correlated with the health condition ([0015] behavioral change include quitting smoking or use of tobacco, implementing an exercise program, health risks, the biometric parameters, and/or the biomedical parameters scored based on the impact on health. [0025] behavioral change scored to relevance to correlating health condition);
identifying, from the behavioral attributes that is correlated with the health condition, ([0025] behavioral change scored to relevance to correlating health condition) behaviors that when modified have a statistically relevant impact on whether the individual exhibits the health condition ([0025] modifiable health risk factors modify within a period of time for gene therapy implementation of a behavioral change); and
providing, to a client device associated with the individual, one or more of the behaviors ([0040] improved behavior, an improved health score, an improvement in an individual parameter (improvement in blood pressure, weight loss or gain, blood cholesterol level or ratio, blood triglyceride level, and/or a hemoglobin A1c test), and/or adherence to a medical treatment, a behavioral modification, and/or a dietary change. Participants receive a personal report explaining and/or scoring, ranking, and/or grading their biomarkers and self-reported data).
With respect to claim 12, Hodgdon teaches providing the one or more of the behaviors ranked in order of their respective statistically relevant impacts on whether the individual exhibits the health condition (FIG. 3, FIG. 4, [0009] FIG. 4, participant entered into a health risk assessment database, where they are scored, ranked, and/or graded to produce a Health Score).
With respect to claim 13, Hodgdon teaches providing a representation of the degree of overlap between the genetic attributes of the individual and the subset of the genetic attributes that is correlated with the health condition (FIG. 3, FIG. 4, [0009] FIG. 4, participant entered into a health risk assessment database, where they are scored, ranked, and/or graded to produce a Health Score).
With respect to claim 14, Hodgdon teaches genetic attributes are determined at least in part through attribute expansion of an initial number of genetic attributes correlated with the health condition into surrounding genetic regions ([0056] genetic diagnosis or analysis apparatus and/or a genetic diagnosis support system is provided at the location at which the participant has submitted the DNA and/or protein sample, including the workplace, a hospital, a medical institution, a university, a doctor's office, and/or an exercise facility).
With respect to claim 15, Hodgdon teaches health condition is a disease ([0056] DNA detector for detecting gene expression, DNA, RNA protein with a disease, infectious diseases, cancer, or lifestyle-related diseases).
With respect to claim 16, Hodgdon teaches behavioral attributes have a causal impact on the health condition ([0056] DNA detector for detecting gene expression, DNA, RNA protein with a disease, infectious diseases, cancer, or lifestyle-related diseases).
With respect to claim 17, Hodgdon teaches determining the genetic predisposition of the individual to exhibit the health condition is also based on a biological sex of the individual ([0059] genetic factors that can predispose some women to developing breast cancer. BRCA1 and BRCA2 are generally believed to be genetic factors that can contribute to familial breast cancer).
With respect to claim 18, Hodgdon teaches performing statistical tests on the genetic attributes from groups of the population to ascertain a strength of association between the subset of the genetic attributes and the health condition ([0059] genetic factors that can predispose some women to developing breast cancer. genetic factors that can contribute to familial breast cancer).
With respect to claim 19, Hodgdon teaches behavioral attributes were self-reported ([0040] participants receive a personal report explaining and/or scoring, ranking, and/or grading their biomarkers and self-reported data).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISAAC M WOO whose telephone number is (571)272-4043. The examiner can normally be reached 9:00 to 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tony Mahmoudi can be reached at 571-272-4078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ISAAC M WOO/Primary Examiner, Art Unit 2163
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