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 .
Response to Amendment
Claims 1-21 were previously pending in this application. The amendment filed 16 July 2026 has been entered and the following has occurred: Claims 1-3, 7, 10, 16, & 20-21 have been amended. No claims have been added or cancelled.
Claims 1-21 remain pending in the application.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
The claims recite subject matter within a statutory category as a process (claims 1-19 and a machine (claims 20-21) (Subject Matter Eligibility (SME) Test Step 1: Yes) which recite steps of:
providing a digital communication network (DCN) for members of a population to communicate with each other;
analyzing communications in the DCN between the members;
identifying the subset of members based on a medical condition shared by each member of the subset of members identified in the analysis of the communications;
receiving a first set of biometrics relative to the medical condition from the subset of members;
identifying a member with influence over the subset of members as an identified member, wherein the identified member is identified based on the analyzed communications, the identified member having the medical condition, and one or more influencing factors;
determining at least one intervention for the subset of members;
providing information about at least one intervention that is beneficial to the subset of members to the identified member; and
providing an incentive to the identified member to use the at least one intervention;
analyzing a second set of communications in the DCN between the identified member and the subset of members;
determining, based on the analysis, that the identified member shared their experience with the intervention to the subset of members; and
providing, in response to determining that the identified member shared their experience, the incentive to the identified member;
prioritizing communications from the identified member in a communication feed to the subset of members;
analyzing a second set of communications in the DCN between the identified member and the subset of members;
determining, based on the analysis, that the identified member shared their experience with the at least one intervention to the subset of members in the prioritized communications;
receiving a second set of biometrics relative to the medical condition from the subset of members; and
determining an efficacy of the identified member sharing their experience with the at least one intervention for the medical condition to the subset of members based on a difference between the first set of biometrics and the second set of biometrics.
These steps of providing a digital communications network (DCN) for members of a population, analyzing communications in the DCN between the members, identifying subsets of members, identifying a member with influence over a subset of members, determining an intervention for the subset of members, providing information about at least one intervention that is beneficial to the subset of members to the identified member, providing an incentive to the identified member to use the at least one intervention, prioritizing communications, analyzing a second set of communications, and determining an efficacy of an identified member, as drafted, under the broadest reasonable interpretation, includes methods of organizing human activity. MPEP 2106.04(a)(2)(II) sets forth various methods of organizing human activity, including concepts relating to fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations); and managing personal behavior or relationships or interactions between people, (including social activities, teaching, and following rules or instructions). For instance, the recited steps/methods heavily relate to commercial or legal interactions and/or managing personal behavior or relationships or interactions between people, at least by recitation of identifying a member with influence over a subset of members in a DCN, determining at least one intervention for the subset of members, and providing incentive to the identified, influential member to use the at least one intervention to influence the members to also use said at least one intervention, which amount to efforts of marketing or sales activities or behaviors/advertising and/or social activities/teaching of said intervention by the identified, influential member to the subset of members. Furthermore, regarding the fulfillment of one or more incentive/rewards to the identified member based on the sharing of their experience with the intervention amounts to agreements in the form of contracts, at least by fulfillment of the incentive/reward as a contract of the user completing the sharing of their experience. Furthermore, modifying or updating a communication, such as prioritizing communications with the identified member, and/or determining an efficacy of the identified member allows for further managing personal behavior or relationships or interactions between people. As such, the steps recited amount to methods of organizing human activity.
Dependent claims recite additional subject matter which further narrows or defines the abstract idea embodied in the claims (such as claim 2-9, 11-19 & 21, reciting particular aspects of how determining influence on one or more members, determining incentives and/or interventions, and/or collecting biometrics may be performed in the mind but for recitation of generic computer components) (SME Test Step 2A, Prong 1: Yes).
This judicial exception is not integrated into a practical application. In particular, the additional elements do not integrate the abstract idea into a practical application, other than the abstract idea per se, because the additional elements amount to no more than limitations which:
amount to mere instructions to apply an exception (such as recitation of a digital communication network, a computer processor, a data repository, a communication analyzer, and a server controller amounts to invoking computers as a tool to perform the abstract idea, see Applicant’s Specification [0059] for a digital communication network; Spec [0112] for a computer processor; Spec [0115] for a data repository; Spec [0054] for a communication analyzer; and Spec [0056] for a server controller, see MPEP 2106.05(f));
add insignificant extra-solution activity to the abstract idea (such as recitation of providing a digital communication network for members of a population to communicate, providing information to an identified member, providing an incentive to an identified member, receiving a second set of biometrics amounts to mere data gathering; recitation of analyzing communications in the DCN one or more time, identifying subsets of members, identifying a member with influence over the subset of members, prioritizing communications from an identified member, analyzing sets of communication, determining that the identified member shared their experience with the at least one intervention to the subset of members amounts to selecting a particular data source or type of data to be manipulated, recitation of determining at least one intervention for the subset of members, determining that the identified member shared their experience with the at least one intervention to the subset of members, and/or storing data in memory, such as communications, intervention and/or incentive, prioritizing communications from the identified member, determining an efficacy of the identified member amounts to insignificant application, see MPEP 2106.05(g));
generally link the abstract idea to a particular technological environment or field of use (such as recitation of the methods for a digital communication network and/or medical interventions, see MPEP 2106.05(h)).
Dependent claims recite additional subject matter which amount to limitations consistent with the additional elements in the independent claims (such as claims 2-9, 11-19, & 21, which recite limitations relating to a medical device, wearable sensors, a biometric sample kit, a DCN, additional limitations which amount to invoking computers as a tool to perform the abstract idea, see Applicant’s Specification [0063] for a medical device; Spec [0063] for wearable sensors/device; Spec [0025] for a biometric sample kit; Spec [0059] for a DCN, see MPEP 2106.05(f); claims 9, 11, & 18-19, which recite limitations relating to receiving varying influencing factors and/or providing means to experience the intervention at a reduced cost, and/or receiving biometrics of a user such as via a biometric sample kit, additional limitations which add insignificant extra-solution activity to the abstract idea which amounts to mere data gathering; claims 5 & 9, which recite limitations relating to making identifying varying aspects, such as subsets of members/identified members, and/or the types of influencing factors considered, additional limitations which add insignificant extra-solution activity to the abstract idea by selecting a particular data source or type of data to be manipulated; claims 2-4, which recite limitations relating to determinations of various aspects, such as a number of members of subset of members, return on investment, that the intervention is safe, etc., additional limitations which amount to insignificant application; claims 6-8 & 11-18, additional limitations which generally link the abstract idea to a particular technological environment or field of use, such as specifying the intervention type, the lifestyle intervention, and/or the application of the methods for managing health care costs). 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 and do not impose a meaningful limit to integrate the abstract idea into a practical application (SME Test Step 2A, Prong 2: No).
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to discussion of integration of the abstract idea into a practical application, the additional elements amount to no more than mere instructions to apply an exception, add insignificant extra-solution activity to the abstract idea, and generally link the abstract idea to a particular technological environment or field of use. Additionally, the additional limitations, other than the abstract idea per se, amount to no more than limitations which:
amount to elements that have been recognized as well-understood, routine, and conventional activity in particular fields (such as providing a digital communication network for members of a population to communicate, providing information to an identified member, providing an incentive to an identified member, receiving a second set of biometric data, prioritizing communications with the identified member, e.g., receiving or transmitting data over a network, Symantec, MPEP 2106.05(d)(II)(i); determining at least one intervention for the subset of members, determining that the identified member shared their experience, analyzing a second set of communications in the DCN, determining that the identified member shared their experience with the at least one intervention to the subset of members, determining an efficacy of the identified member sharing their experience, e.g., performing repetitive calculations, Flook, MPEP 2106.05(d)(II)(ii); maintaining memory/storage of one or more communications, interventions, and/or incentives, e.g., electronic recordkeeping, Alice Corp., MPEP 2106.05(d)(II)(iii); storage of one or more communications, interventions, and/or incentives, e.g., storing and retrieving information in memory, Versata Dev. Group, MPEP 2106.05(d)(II)(iv); analyzing one or more sets of communications, which under BRI, could include scanning or one or more electronic communications, e.g., electronic scanning or extracting data from a physical document, Content Extraction, MPEP 2106.05(d)(II)(v); providing a DCN for members of a population, such as via an interface for interaction between the users, e.g., a web browser’s back and forward button functionality, Internet Patent Corp., MPEP 2106.05(d)(II)(ii)).
Dependent claims recite additional subject matter which, as discussed above with respect to integration of the abstract idea into a practical application, amount to invoking computers as a tool to perform the abstract idea. Dependent claims recite additional subject matter which amount to limitations consistent with the additional elements in the independent claims (such as claims 2-9, 11-19, & 21, additional limitations which amount to elements that have been recognized as well-understood, routine, and conventional activity in particular fields, claims 9, 11, & 18-19, which recite limitations relating to receiving varying influencing factors and/or providing means to experience the intervention at a reduced cost, and/or receiving biometrics of a user such as via a biometric sample kit, e.g., receiving or transmitting data over a network, Symantec, MPEP 2106.05(d)(II)(i); claims 2-4, which recite limitations relating to determinations of various aspects, such as a number of members of subset of members, return on investment, that the intervention is safe, etc., e.g., performing repetitive calculations, Flook, MPEP 2106.05(d)(II)(ii); claims 6-8 & 11-18, additional limitations which generally link the abstract idea to a particular technological environment or field of use, such as specifying the intervention type, the lifestyle intervention, and/or the application of the methods for managing health care costs, and records thereof e.g., electronic recordkeeping, Alice Corp., MPEP 2106.05(d)(II)(iii); claims 2-9, 11-19, & 21, which recite limitations relating to performance of the steps recited, such as via stored instructions found in a computer to be executed by a processor/computer, e.g., storing and retrieving information in memory, Versata Dev. Group, MPEP 2106.05(d)(II)(iv); claims 5 & 9, which recite limitations relating to making identifying varying aspects, such as subsets of members/identified members, and/or the types of influencing factors considered, which could include scanning or said information from the communications between users, e.g., electronic scanning or extracting data from a physical document, Content Extraction, MPEP 2106.05(d)(II)(v); claim 19, which recite limitations relating to requesting a biometric sample kit through the DCN, which includes requesting/interacting with said interface for requesting said sample kit, e.g., a web browser’s back and forward button functionality, Internet Patent Corp., MPEP 2106.05(d)(II)(ii)). 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 (SME Test Step 2B: No).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-16 & 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Muriqi et al. (U.S. Patent Publication No. 2024/0046318), hereinafter “Muriqi”, in view of Paull et al. (U.S. Patent Publication No. 2022/0028528), hereinafter “Paull”, further in view of Olivier et al. (U.S. Patent Publication No. 2022/0037009), hereinafter “Olivier”.
Claim 1 –
Regarding Claim 1, Muriqi discloses a method to provide an intervention in a subset of a population, the method comprising:
providing a digital communication network (DCN) for members of a population to communicate with each other (See Muriqi Par [0016] which discloses a social network storing relationships between people and other objects, associated characteristics and information, and links to content and subsidized content; See Muriqi Par [0096] which discloses the general social network to study relationships between individuals, groups, etc.);
analyzing communications in the DCN between the members (See Muriqi Par [0016] which discloses a social network storing relationships between people and other objects, relationships based on interactions, i.e. communications in the DCN, between members; See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals);
identifying the subset of members (See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals; See Muriqi Par [0017] which discloses the content is recommended or suggested to users, i.e. subset of members, according to the social network by referrers or influencers, i.e. a member with influence over the subset of members), based on a medical condition shared by each member of the subset of members identified in the analysis of the communications (See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals; See Muriqi Par [0017] which discloses the content is recommended or suggested to users, i.e. subset of members, according to the social network by referrers or influencers, i.e. a member with influence over the subset of members; See Muriqi Par [0429] which discloses sentiment analysis is widely applied to voice of the customer materials such as reviews and survey responses, online and social media, and healthcare materials for applications that range from marketing to customer service to clinical medicine, i.e. that clinical medicine is a consideration in the aspects shared between members of the network, albeit not explicitly recited for a medical condition);
receiving a first set of biometrics relative to the medical condition from the subset of members (See Muriqi Par [0426]-[0428] which discloses a biometric sensor being able to collect various biometrics of the user, including biometrics to systematically identify, extract, quantify, and study affective states and subjective information; See Muriqi Par [0429] which discloses sentiment analysis is widely applied to voice of the customer materials such as reviews and survey responses, online and social media, and healthcare materials for applications that range from marketing to customer service to clinical medicine, i.e. that clinical medicine is a consideration in the aspects shared between members of the network, albeit not explicitly recited for a medical condition);
identifying a member with influence over the subset of members as an identified member (See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals; See Muriqi Par [0017] which discloses the content is recommended or suggested to users, i.e. subset of members, according to the social network by referrers or influencers, i.e. a member with influence over the subset of members), wherein
the identified member is identified based on the analyzed communications to improve the medical condition and one or more influencing factors (See Muriqi Par [0087] which discloses social network record may comprise a history of user interaction with the content; See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals; See Muriqi Par [0017] which discloses the content is recommended or suggested to users, i.e. subset of members, according to the social network by referrers or influencers, i.e. a member with influence over the subset of members);
determining at least one intervention for the subset of members (See Muriqi Par [0017] which discloses the content is recommended or suggested to users according to the social network by referrers or influencers, albeit not recited for an “intervention” per se);
providing information about at least one intervention that is beneficial to the subset of members to the identified member (See Muriqi Par [0017] which discloses the content is recommended or suggested to users according to the social network by referrers or influencers, albeit not recited for an “intervention” per se or “information that is beneficial” per se); and
providing an incentive to the identified member to use the at least one intervention (See Muriqi Par [0017] which discloses the content is recommended or suggested to users according to the social network by referrers or influencers, such that responsible referrers or influencers receive a portion of the subsidy of the content as compensation, and thereby become incentivized for the activities within the social network, and users may receive a portion of the subsidy as incentive for participation, i.e. providing an incentive; See Muriqi Par [0029] which discloses the content provider providing content with expectation of affixed or variable fee for the content per consumption);
prioritizing communications from the identified member in a communication feed to the subset of members (See Muriqi Par [0174] which discloses respective users may receive metadata files associated with preferred influencers, such that content and ads may be distributed according to said prioritization/targeting; See Muriqi Par [0493] which discloses a ranked or prioritized list of content to be selected by the user or system based on a user preference profile and user demographic profile to determine the ranking or priority of said content, such that the ranking is adaptive to user action, predicted mood, diurnal variations, group settings (multiple concurrent viewers), i.e. ; available content and sponsorship opportunities, and social trends);
analyzing a second set of communications in the DCN between the identified member and the subset of members (See Muriqi Par [0016] which discloses a social network storing relationships between people and other objects, relationships based on interactions, i.e. communications in the DCN, between members, and see Muriqi Par [0005] which discloses social network analysis being performed on social interactions, i.e. multiple communications, between social actors; See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals);
determining, based on the analysis, that the identified member shared their experience with the at least one intervention to the subset of members in the prioritized communications (See Muriqi Par [0016] which discloses a social network storing relationships between people and other objects, relationships based on interactions, i.e. communications in the DCN, between members, and see Muriqi Par [0005] which discloses social network analysis being performed on social interactions, i.e. multiple communications, between social actors; See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals);
receiving a second set of biometrics relative to the medical condition from the subset of members (See Muriqi Par [0426]-[0428] which discloses a biometric sensor being able to collect various biometrics of the user, including biometrics to systematically identify, extract, quantify, and study affective states and subjective information; See Muriqi Par [0429] which discloses sentiment analysis is widely applied to voice of the customer materials such as reviews and survey responses, online and social media, and healthcare materials for applications that range from marketing to customer service to clinical medicine, i.e. that clinical medicine is a consideration in the aspects shared between members of the network, albeit not explicitly recited for a medical condition); and
determining an efficacy of the identified member sharing their experience with the at least one intervention for the medical condition to the subset of members based on a difference between the first set of biometrics and the second set of biometrics (See Paull Par [0256] which discloses dynamically updating patient’s personalized intervention regimen, such that the operation can function to increase engagement between the patient and the intervention regimen in order to improve effectiveness of provided treatments, i.e. efficacy of the provided treatments, pointing towards considerations of efficacy; See Paull Par [0328] which discloses generating a combined dataset upon applying a first set of transformations to an aggregate dataset (i.e. one or more datasets combined into an aggregate dataset) including physiological data, behavioral data, environmental stress data, emotional data, and cognitive data from a set of users exhibiting a form of the GI health condition, such as by collecting treatment dataset comprising treatment outcome labels and/or quantitative or qualitative labels describing efficacy of individual treatment components, and therefore constitutes considering efficacy of the at least one intervention for the medical condition to the subset of members based on one or more biometric and/or health datasets).
While Muriqi generally discloses determining content to be suggested to members of a social network by an influencer, Muriqi does not explicitly disclose the content being an “intervention” or providing “beneficial information about the at least one intervention” per se as given by the following limitations:
identifying the subset of members based on a medical condition shared by each member of the subset of members identified in the analysis of the communications;
receiving a first set of biometrics relative to the medical condition from the subset of members;
determining at least one intervention for the subset of members;
providing information about at least one intervention that is beneficial to the subset of members to the identified member;
receiving a second set of biometrics relative to the medical condition from the subset of members;
determining an efficacy of the identified member sharing their experience with the at least one intervention for the medical condition to the subset of members based on a difference between the first set of biometrics and the second set of biometrics.
However, Paull discloses identifying the subset of members based on a medical condition shared by each member of the subset of members identified in the analysis of the communications (See Paull Par [0083] which discloses an online system for digital content associated with adaptive interventions, such that the devices can deliver the therapy and skills training to the one or more patients, or users of the platform/system; See Paull Par [0125] which discloses educating users regarding treatment and therapy options in the context of improving symptoms associated with a variety of health conditions, such that therapeutic interventions in a customized, and adaptive manner can be administered or provided information about to one or more patients exhibiting health condition symptoms; See Paull Par [0167]-[0170] which discloses connecting patients that share symptoms, stress, pain, etc., between similar patients); receiving a first set of biometrics relative to the medical condition from the subset of members (See Paull Par [0237]-[0238] which discloses receiving biometric data, including patient interactions with the content of the interactive therapy modules, i.e. thereby relative to the medical condition of the patient since the modules are therapeutic and based on disease/issue of the user); determining at least one intervention for the subset of members (See Paull Par [0083] which discloses an online system for digital content associated with adaptive interventions, such that the devices can deliver the therapy and skills training to the one or more patients, or users of the platform/system; See Paull Par [0125] which discloses educating users regarding treatment and therapy options in the context of improving symptoms associated with a variety of health conditions, such that therapeutic interventions in a customized, and adaptive manner can be administered or provided information about to one or more patients exhibiting health condition symptoms; See Paull Par [0131] which discloses educating patients regarding treatment and therapy options in the context of improving symptoms associated with, for instance, GI health); providing information about at least one intervention that is beneficial to the subset of members to the identified member (See Paull Par [0131] which discloses educating patients regarding treatment and therapy options in the context of improving symptoms associated with, for instance, GI health). The disclosure of Paull is directly applicable to the disclosure of Muriqi because the disclosures share limitations and capabilities, such as being directed towards determining interactions between a subset of users in a communication system to determine content to present to said users and incentivizing said content that is presented.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Muriqi regarding determining content to be suggested to members of a social network by an influencer, to further include determining at least one intervention for the subset of members and providing information about at least one intervention that is beneficial to the subset of members to the identified member, because this allows for users sharing symptoms of certain health conditions to be recommended certain therapies or interventions and information associated therewith (See Paull Par [0125] & [0131]).
While Muriqi and generally discloses determining content to be suggested to members of a social network by an influencer and analyzing communications to determine various aspects of the members in the social network, and determining efficacy of the intervention for the medical condition based on physiological data, Muriqi and Paull are generally silent on determining an efficacy of the identified member sharing their experience with the at least one intervention for the medical condition to the subset of members based on a difference between the first set of biometrics and the second set of biometrics.
However, Olivier discloses determining an efficacy of the identified member sharing their experience with the at least one intervention for the medical condition to the subset of members based on a difference between the first set of biometrics and the second set of biometrics (See Olivier Par [0052] which discloses rendering a graphical view of the HLE user’s final health snapshot in comparison to their health snapshot at the outset of the intended intervention, such that the user’s heart rate has decreased from 62 bpm to 54 bpm while increasing the sleep quality from 76/100 to 84/100, and thus the HLE user is enabled to visualize the effectiveness of a given intervention over the duration period to get a before, after, and change “snapshot” once the desired intervention is concluded and provide time course data for changes if desired; See Olivier Par [0054]-[0056] which discloses the interventions qualitative rank, i.e. efficacy, may be based on how beneficial an intervention is to the user’s body based on metrics being tracked). The disclosure of Olivier is directly applicable to the disclosure of Muriqi and Paull, because the disclosures share limitations and capabilities, such as being directed towards issuing one or more health interventions based on user engagement with a social network/platform.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Muriqi and Paull, which already discloses analyzing communications to determine various aspects of the members in the social network, to further include determining an efficacy of the identified member sharing their experience with the at least one intervention for the medical condition to the subset of members based on a difference between the first set of biometrics and the second set of biometrics, as disclosed by Olivier, because this allows for ranking various interventions based on qualitative rank/efficacy on how beneficial an intervention is to the user’s body based on metrics being tracked and visualization thereof (See Olivier Par [0052] & [0054]-[0056).
Claim 2 –
Regarding Claim 2, Muriqi, Paull, and Olivier disclose the method of claim 1 in its entirety. Muriqi and Paull further disclose a method, wherein:
determining the at least the intervention includes:
determining a number of members of the subset of members that the at least one intervention is applicable to (See Muriqi Par [0087] which discloses social network record may comprise a history of user interaction with the content; See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals, such that each of these links would quantify the number of members the content is applicable to; See Muriqi Par [0017] which discloses the content is recommended or suggested to users, i.e. subset of members, according to the social network by referrers or influencers, i.e. a member with influence over the subset of members; See Paull Par [0083] which discloses an online system for digital content associated with adaptive interventions, such that the devices can deliver the therapy and skills training to the one or more patients, or users of the platform/system; See Paull Par [0125] which discloses educating users regarding treatment and therapy options in the context of improving symptoms associated with a variety of health conditions, such that therapeutic interventions in a customized, and adaptive manner can be administered or provided information about to one or more patients exhibiting health condition symptoms; See Paull Par [0131] which discloses educating patients regarding treatment and therapy options in the context of improving symptoms associated with, for instance, GI health); providing information about at least one intervention that is beneficial to the subset of members to the identified member (See Paull Par [0131] which discloses educating patients regarding treatment and therapy options in the context of improving symptoms associated with, for instance, GI health); and
selecting the at least one intervention when the number of members is greater than a predetermined threshold (This is understood to constitute a method claim having a contingent limitation, and therefore the broadest reasonable interpretation of the claim only requires steps that must be performed, and does not have to include steps that are not required to be performed because the condition precedent is not met, see MPEP 2111.04(II), and therefore “selecting the at least one intervention when the number of members is greater than a predetermined threshold” does not necessarily have to bet met).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Muriqi, Paull, and Olivier regarding determining content to be suggested to members of a social network by an influencer, to further include determining at least one intervention for the subset of members and providing information about at least one intervention that is beneficial to the subset of members to the identified member, because this allows for users sharing symptoms of certain health conditions to be recommended certain therapies or interventions and information associated therewith (See Paull Par [0125] & [0131]).
Claim 3 –
Regarding Claim 3, Muriqi, Paull, and Olivier disclose the method of claim 1 in its entirety. Muriqi and Paull further disclose a method, wherein:
determining the at least intervention by:
determining a return on investment (ROI) of applying the at least one intervention to the subset of members (See Muriqi Par [0011] & [0041] which discloses receiving return on investment for confirming the effectiveness of internet advertising; See Paull Par [0083] which discloses an online system for digital content associated with adaptive interventions, such that the devices can deliver the therapy and skills training to the one or more patients, or users of the platform/system; See Paull Par [0125] which discloses educating users regarding treatment and therapy options in the context of improving symptoms associated with a variety of health conditions, such that therapeutic interventions in a customized, and adaptive manner can be administered or provided information about to one or more patients exhibiting health condition symptoms; See Paull Par [0131] which discloses educating patients regarding treatment and therapy options in the context of improving symptoms associated with, for instance, GI health); providing information about at least one intervention that is beneficial to the subset of members to the identified member (See Paull Par [0131] which discloses educating patients regarding treatment and therapy options in the context of improving symptoms associated with, for instance, GI health); and
selecting the at least one intervention when the ROI is greater than a predetermined threshold (This is understood to constitute a method claim having a contingent limitation, and therefore the broadest reasonable interpretation of the claim only requires steps that must be performed, and does not have to include steps that are not required to be performed because the condition precedent is not met, see MPEP 2111.04(II), and therefore “selecting the at least one intervention when the ROI is greater than a predetermined threshold” does not necessarily have to bet met).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Muriqi, Paull, and Olivier regarding determining content to be suggested to members of a social network by an influencer, to further include determining at least one intervention for the subset of members and providing information about at least one intervention that is beneficial to the subset of members to the identified member, because this allows for users sharing symptoms of certain health conditions to be recommended certain therapies or interventions and information associated therewith (See Paull Par [0125] & [0131]).
Claim 4 –
Regarding Claim 4, Muriqi, Paull, and Olivier disclose the method of claim 1 in its entirety. Paull further discloses a method, further comprising :
determining that the at least one intervention is safe for the identified user (See Paull Par [0190] which discloses the personalized intervention regimen provides an array of empirically-supported intervention options or actions, such that it is understood that this would constitute a “safe” intervention by said evidence-based interventions, principles, and/or guidelines; See Paull Par [0256] which discloses based on patient’s interactions with the content of the interactive modules, perform an action to dynamically update the patient’s personalized intervention regimen that meets the needs of the patient in an adaptive manner, and improves effectiveness of provided treatment, i.e. is safe for the user; See Paull Par [0273]-[0276] which discloses considerations of comorbid or non-comorbid conditions for improved issuing of one or more complementary therapies).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the disclosure of Muriqi, Paull, and Olivier regarding determining a health intervention to be suggested to members of a social network by an influencer, to further include determining that the at least one intervention is safe for the identified user, as further disclosed by Paull, because this allows for a system to automatically develop empirically-supported intervention options or actions for patients experiencing certain symptoms and having certain medical constraints/characteristics (See Paull Par [0190] & [0273]-[0276]).
Claim 5 –
Regarding Claim 5, Muriqi, Paull, and Olivier disclose the method of claim 1 in its entirety. Muriqi further discloses a method, wherein:
the subset of members and the identified member are further identified based on member information (See Muriqi Par [0034] which discloses releasing an advertisement according to targeting user characteristics (including demographics, preferences, etc.); See Muriqi Par [0057] which discloses individuals may refer content to the user based on unique attributes that those individuals have that allow them to have better insight than other persons, such that influencers may be algorithmically determined dependent on a large data set that uses user profiles, outcomes, feedback, and tendencies).
Claim 6 –
Regarding Claim 6, Muriqi, Paull, and Olivier disclose the method of claim 1 in its entirety. Paull further discloses a method, wherein:
the at least one intervention is at least one of:
a pharmaceutical intervention, a medical procedure, a medical device, drugs, medical surgeries, dietary supplements, wearable sensors, and a lifestyle intervention (See Paull Par [0125] which discloses educating users regarding treatment and therapy options in the context of improving symptoms associated with a variety of health conditions, such that therapeutic interventions in a customized, and adaptive manner can be administered or provided information about to one or more patients exhibiting health condition symptoms; See Paull Par [0131] which discloses educating patients regarding treatment and therapy options in the context of improving symptoms associated with, for instance, GI health; See Paull Par [0030] & [0063] & [0315] which discloses the intervention comprising CBT or other lessons via a GUI for example to develop a skillset for managing stress, i.e. stress reduction/reducing anxiety, i.e. lifestyle intervention; See Paull Par [0026] which discloses the use of medications and/or medical devices as such interventions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the disclosure of Muriqi, Paull, and Olivier regarding determining content to be suggested to members of a social network by an influencer, to further include determining at least one intervention for the subset of members and providing information about at least one intervention that is beneficial to the subset of members to the identified member, as further disclosed by Paull, because this allows for users sharing symptoms of certain health conditions to be recommended certain health therapies or interventions and information, such as a pharmaceutical intervention, a medical procedure, a medical device, drugs, medical surgeries, dietary supplements, wearable sensors, and/or lifestyle intervention associated therewith (See Paull Par [0125] & [0131]).
Claim 7 –
Regarding Claim 7, Muriqi, Paull, and Olivier disclose the method of claim 6 in its entirety. Paull further discloses a method, wherein:
the lifestyle intervention comprises at least one of:
fasting, stress reduction, improving sleep behavior, improving mood, reducing anxiety, improving relationships, and dietary changes (See Paull Par [0125] which discloses educating users regarding treatment and therapy options in the context of improving symptoms associated with a variety of health conditions, such that therapeutic interventions in a customized, and adaptive manner can be administered or provided information about to one or more patients exhibiting health condition symptoms; See Paull Par [0131] which discloses educating patients regarding treatment and therapy options in the context of improving symptoms associated with, for instance, GI health; See Paull Par [0030] & [0063] & [0315] which discloses the intervention comprising CBT or other lessons via a GUI for example to develop a skillset for managing stress, i.e. stress reduction/reducing anxiety; See Paull Par [0007] & [0283] which discloses diet changes being included; See Paull Par [0266] which discloses reduced carbohydrate consumption, which includes aspects of fasting; See Paul Par [0283] which discloses improvement of socialization, i.e. improving relationships).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Muriqi, Paull, and Olivier regarding determining at least one health intervention for the subset of members and providing information about at least one intervention that is beneficial to the subset of members to the identified member to further include a lifestyle intervention including fasting, stress reduction, improving sleep behavior, improving mood, reducing anxiety, improving relationships, or dietary changes, as disclosed by Paull, because this allows for users sharing symptoms of certain health conditions, such as GI health conditions, to be recommended certain therapies or interventions and information associated therewith, such as for mitigating said GI health conditions (See Paull Par [0125] & [0131] & [0283]).
Claim 8 –
Regarding Claim 8, Muriqi, Paull, and Olivier disclose the method of claim 1 in its entirety. Paull further discloses a method, wherein:
the method is used to manage the health care cost of the population (See Paull Par [0005] which discloses the methods concerning, i.e. are used for considerations of hardships faced by patients including financial difficulty resulting from lost work, medical bills, and cost of treatments; See Paull Par [0009] which specifically discloses the use of the methods for ameliorating the shortcomings found in Paull Par [0008], such as costly interactions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Muriqi, Paull, and Olivier regarding determining at least one health intervention for the subset of members and providing information about at least one intervention that is beneficial to the subset of members to the identified member to further include the method is used to manage the health care cost of the population, because typical methods regarding in-person mitigation of GI health conditions can be costly, and therefore by using the methods throughout Paull, the shortcomings found in Paull Par [0008], such as costly interactions, are ameliorated (See Paull Par [0005] & [0008]-[0009]).
Claim 9 –
Regarding Claim 9, Muriqi, Paull, and Olivier disclose the method of claim 1 in its entirety. Muriqi further discloses a method, wherein:
the one or more influencing factors comprise a number of connections of the member with the subset of members and a number of interactions between the member and the subset of members (See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals).
Claim 10 –
Regarding Claim 10, Muriqi discloses a method for providing digital communications of an intervention, the method comprising:
providing a digital communication network (DCN) for members of a population to communicate with each other (See Muriqi Par [0016] which discloses a social network storing relationships between people and other objects, associated characteristics and information, and links to content and subsidized content; See Muriqi Par [0096] which discloses the general social network to study relationships between individuals, groups, etc.);
analyzing a first set of communications in the DCN between the members (See Muriqi Par [0016] which discloses a social network storing relationships between people and other objects, relationships based on interactions, i.e. communications in the DCN, between members; See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals);
identifying a subset of members (See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals; See Muriqi Par [0017] which discloses the content is recommended or suggested to users, i.e. subset of members, according to the social network by referrers or influencers, i.e. a member with influence over the subset of members) based on a medical condition shared by each member of the subset of members identified in the analysis of the communications (See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals; See Muriqi Par [0017] which discloses the content is recommended or suggested to users, i.e. subset of members, according to the social network by referrers or influencers, i.e. a member with influence over the subset of members; See Muriqi Par [0429] which discloses sentiment analysis is widely applied to voice of the customer materials such as reviews and survey responses, online and social media, and healthcare materials for applications that range from marketing to customer service to clinical medicine, i.e. that clinical medicine is a consideration in the aspects shared between members of the network, albeit not explicitly recited for a medical condition);
receiving a first set of biometrics relative to the medical condition from the subset of members (See Muriqi Par [0426]-[0428] which discloses a biometric sensor being able to collect various biometrics of the user, including biometrics to systematically identify, extract, quantify, and study affective states and subjective information; See Muriqi Par [0429] which discloses sentiment analysis is widely applied to voice of the customer materials such as reviews and survey responses, online and social media, and healthcare materials for applications that range from marketing to customer service to clinical medicine, i.e. that clinical medicine is a consideration in the aspects shared between members of the network, albeit not explicitly recited for a medical condition);
identifying a member with influence over the subset of members as an identified member, the identified member having the medical condition (See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals; See Muriqi Par [0017] which discloses the content is recommended or suggested to users, i.e. subset of members, according to the social network by referrers or influencers, i.e. a member with influence over the subset of members), wherein
identifying the member includes determining a number of connections of the member with the subset of members and a number of interactions between the member and the subset of members (See Muriqi Par [0087] which discloses social network record may comprise a history of user interaction with the content; See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals; See Muriqi Par [0017] which discloses the content is recommended or suggested to users, i.e. subset of members, according to the social network by referrers or influencers, i.e. a member with influence over the subset of members);
providing information about an intervention that is beneficial to the subset of members to the identified member and information about an incentive if the identified member shares their experience with the intervention (See Muriqi Par [0017] which discloses the content is recommended or suggested to users according to the social network by referrers or influencers, such that responsible referrers or influencers receive a portion of the subsidy of the content as compensation, and thereby become incentivized for the activities within the social network, and users may receive a portion of the subsidy as incentive for participation, i.e. providing an incentive; See Muriqi Par [0029] which discloses the content provider providing content with expectation of affixed or variable fee for the content per consumption; See Muriqi Par [0017] which discloses the content is recommended or suggested to users according to the social network by referrers or influencers, albeit not recited for an “intervention” per se or “information that is beneficial” per se);
prioritizing communications from the identified member in a communication feed to the subset of members (See Muriqi Par [0174] which discloses respective users may receive metadata files associated with preferred influencers, such that content and ads may be distributed according to said prioritization/targeting; See Muriqi Par [0493] which discloses a ranked or prioritized list of content to be selected by the user or system based on a user preference profile and user demographic profile to determine the ranking or priority of said content, such that the ranking is adaptive to user action, predicted mood, diurnal variations, group settings (multiple concurrent viewers), i.e. ; available content and sponsorship opportunities, and social trends);
analyzing a second set of communications in the DCN between the identified member and the subset of members (See Muriqi Par [0016] which discloses a social network storing relationships between people and other objects, relationships based on interactions, i.e. communications in the DCN, between members, and see Muriqi Par [0005] which discloses social network analysis being performed on social interactions, i.e. multiple communications, between social actors; See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals);
determining, based on the analysis, that the identified member shared their experience with the incentive of the identified number at least one intervention to the subset of members in the prioritized communications (See Muriqi Par [0016] which discloses a social network storing relationships between people and other objects, relationships based on interactions, i.e. communications in the DCN, between members, and see Muriqi Par [0005] which discloses social network analysis being performed on social interactions, i.e. multiple communications, between social actors; See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals);
providing, in response to determining that the identified member shared their experience, the incentive to the identified member (See Muriqi Par [0011] which discloses a content creator, i.e. recommender/influencer being paid for consumption of content, such that said recommenders/influencers receive payments for the value of their contributions; See Muriqi Par [0017] which discloses the content is recommended or suggested to users according to the social network by referrers or influencers, such that responsible referrers or influencers receive a portion of the subsidy of the content as compensation, and thereby become incentivized for the activities within the social network, and users may receive a portion of the subsidy as incentive for participation, i.e. providing an incentive; See Muriqi Par [0029] which discloses the content provider providing content with expectation of affixed or variable fee for the content per consumption);
analyzing a second set of communications in the DCN between the identified member and the subset of members (See Muriqi Par [0016] which discloses a social network storing relationships between people and other objects, relationships based on interactions, i.e. communications in the DCN, between members, and see Muriqi Par [0005] which discloses social network analysis being performed on social interactions, i.e. multiple communications, between social actors; See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals);
determining, based on the analysis, that the identified member shared their experience with the incentive of the identified number at least one intervention to the subset of members in the prioritized communications (See Muriqi Par [0016] which discloses a social network storing relationships between people and other objects, relationships based on interactions, i.e. communications in the DCN, between members, and see Muriqi Par [0005] which discloses social network analysis being performed on social interactions, i.e. multiple communications, between social actors; See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals);
receiving a second set of biometrics relative to the medical condition from the subset of members (See Muriqi Par [0426]-[0428] which discloses a biometric sensor being able to collect various biometrics of the user, including biometrics to systematically identify, extract, quantify, and study affective states and subjective information; See Muriqi Par [0429] which discloses sentiment analysis is widely applied to voice of the customer materials such as reviews and survey responses, online and social media, and healthcare materials for applications that range from marketing to customer service to clinical medicine, i.e. that clinical medicine is a consideration in the aspects shared between members of the network, albeit not explicitly recited for a medical condition); and
determining an efficacy of the identified member sharing their experience with the at least one intervention for the medical condition to the subset of members based on a difference between the first set of biometrics and the second set of biometrics (See Paull Par [0256] which discloses dynamically updating patient’s personalized intervention regimen, such that the operation can function to increase engagement between the patient and the intervention regimen in order to improve effectiveness of provided treatments, i.e. efficacy of the provided treatments, pointing towards considerations of efficacy; See Paull Par [0328] which discloses generating a combined dataset upon applying a first set of transformations to an aggregate dataset (i.e. one or more datasets combined into an aggregate dataset) including physiological data, behavioral data, environmental stress data, emotional data, and cognitive data from a set of users exhibiting a form of the GI health condition, such as by collecting treatment dataset comprising treatment outcome labels and/or quantitative or qualitative labels describing efficacy of individual treatment components, and therefore constitutes considering efficacy of the at least one intervention for the medical condition to the subset of members based on one or more biometric and/or health datasets).
While Muriqi generally discloses determining content to be suggested to members of a social network by an influencer, Muriqi does not explicitly disclose the content being an “intervention” or providing “beneficial information about the at least one intervention” per se as given by the following limitations:
identifying the subset of members based on a medical condition shared by each member of the subset of members identified in the analysis of the communications;
receiving a first set of biometrics relative to the medical condition from the subset of members;
determining at least one intervention for the subset of members;
providing information about at least one intervention that is beneficial to the subset of members to the identified member;
receiving a second set of biometrics relative to the medical condition from the subset of members;
determining an efficacy of the identified member sharing their experience with the at least one intervention for the medical condition to the subset of members based on a difference between the first set of biometrics and the second set of biometrics.
However, Paull discloses determining at least one intervention for the subset of members (See Paull Par [0083] which discloses an online system for digital content associated with adaptive interventions, such that the devices can deliver the therapy and skills training to the one or more patients, or users of the platform/system; See Paull Par [0125] which discloses educating users regarding treatment and therapy options in the context of improving symptoms associated with a variety of health conditions, such that therapeutic interventions in a customized, and adaptive manner can be administered or provided information about to one or more patients exhibiting health condition symptoms; See Paull Par [0131] which discloses educating patients regarding treatment and therapy options in the context of improving symptoms associated with, for instance, GI health); providing information about at least one intervention that is beneficial to the subset of members to the identified member (See Paull Par [0131] which discloses educating patients regarding treatment and therapy options in the context of improving symptoms associated with, for instance, GI health).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Muriqi regarding determining content to be suggested to members of a social network by an influencer, to further include determining at least one intervention for the subset of members and providing information about at least one intervention that is beneficial to the subset of members to the identified member, because this allows for users sharing symptoms of certain health conditions to be recommended certain therapies or interventions and information associated therewith (See Paull Par [0125] & [0131]).
However, Olivier discloses determining an efficacy of the identified member sharing their experience with the at least one intervention for the medical condition to the subset of members based on a difference between the first set of biometrics and the second set of biometrics (See Olivier Par [0052] which discloses rendering a graphical view of the HLE user’s final health snapshot in comparison to their health snapshot at the outset of the intended intervention, such that the user’s heart rate has decreased from 62 bpm to 54 bpm while increasing the sleep quality from 76/100 to 84/100, and thus the HLE user is enabled to visualize the effectiveness of a given intervention over the duration period to get a before, after, and change “snapshot” once the desired intervention is concluded and provide time course data for changes if desired; See Olivier Par [0054]-[0056] which discloses the interventions qualitative rank, i.e. efficacy, may be based on how beneficial an intervention is to the user’s body based on metrics being tracked). The disclosure of Olivier is directly applicable to the disclosure of Muriqi and Paull, because the disclosures share limitations and capabilities, such as being directed towards issuing one or more health interventions based on user engagement with a social network/platform.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Muriqi and Paull, which already discloses analyzing communications to determine various aspects of the members in the social network, to further include determining an efficacy of the identified member sharing their experience with the at least one intervention for the medical condition to the subset of members based on a difference between the first set of biometrics and the second set of biometrics, as disclosed by Olivier, because this allows for ranking various interventions based on qualitative rank/efficacy on how beneficial an intervention is to the user’s body based on metrics being tracked and visualization thereof (See Olivier Par [0052] & [0054]-[0056).
Claim 11 –
Regarding Claim 11, Muriqi, Paull, and Olivier disclose the method of claim 10 in its entirety. Muriqi further discloses a method, wherein:
the incentive includes providing a means to experience the intervention at a reduced cost (See Muriqi Par [0062] which discloses a discount may be provided for orders placed through the social network platform).
Claim 12 –
Regarding Claim 12, Muriqi, Paull, and Olivier disclose the method of claim 10 in its entirety. Muriqi further discloses a method, wherein:
the incentive comprises engaging in a behavior and sharing the experience regarding the behavior (See Muriqi Par [0017] which discloses the content is recommended or suggested to users according to the social network by referrers or influencers, such that responsible referrers or influencers receive a portion of the subsidy of the content as compensation, and thereby become incentivized for the activities within the social network, and users may receive a portion of the subsidy as incentive for participation, i.e. providing an incentive; See Muriqi Par [0029] which discloses the content provider providing content with expectation of affixed or variable fee for the content per consumption).
Claim 13 –
Regarding Claim 13, Muriqi, Paull, and Olivier disclose the method of claim 12 in its entirety. Paull further discloses a method, wherein:
the behavior is an intervention (See Paull Par [0083] which discloses an online system for digital content associated with adaptive interventions, such that the devices can deliver the therapy and skills training to the one or more patients, or users of the platform/system; See Paull Par [0125] which discloses educating users regarding treatment and therapy options in the context of improving symptoms associated with a variety of health conditions, such that therapeutic interventions in a customized, and adaptive manner can be administered or provided information about to one or more patients exhibiting health condition symptoms; See Paull Par [0131] which discloses educating patients regarding treatment and therapy options in the context of improving symptoms associated with, for instance, GI health); providing information about at least one intervention that is beneficial to the subset of members to the identified member (See Paull Par [0131] which discloses educating patients regarding treatment and therapy options in the context of improving symptoms associated with, for instance, GI health).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Muriqi, Paull, and Olivier regarding determining content to be suggested to members of a social network by an influencer, to further include determining at least one intervention for the subset of members and providing information about at least one intervention that is beneficial to the subset of members to the identified member, because this allows for users sharing symptoms of certain health conditions to be recommended certain therapies or interventions and information associated therewith (See Paull Par [0125] & [0131]).
Claim 14 –
Regarding Claim 14, Muriqi, Paull, and Olivier disclose the method of claim 13 in its entirety. Paull further discloses a method, wherein:
the intervention is at least one of a pharmaceutical intervention (See Paull Par [0125] which discloses educating users regarding treatment and therapy options in the context of improving symptoms associated with a variety of health conditions, such that therapeutic interventions in a customized, and adaptive manner can be administered or provided information about to one or more patients exhibiting health condition symptoms; See Paull Par [0131] which discloses educating patients regarding treatment and therapy options in the context of improving symptoms associated with, for instance, GI health; See Paull Par [0026] which discloses the use of medications and/or medical devices as such interventions)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the disclosure of Muriqi, Paull, and Olivier regarding determining content to be suggested to members of a social network by an influencer, to further include determining at least one intervention for the subset of members and providing information about at least one intervention that is beneficial to the subset of members to the identified member, as further disclosed by Paull, because this allows for users sharing symptoms of certain health conditions to be recommended certain health therapies or interventions and information, such as a pharmaceutical intervention for remedying their symptoms (See Paull Par [0026], [0125], & [0131]).
Claim 15 –
Regarding Claim 15, Muriqi, Paull, and Olivier disclose the method of claim 13 in its entirety. Paull further discloses a method, wherein:
the intervention is lifestyle information (See Paull Par [0125] which discloses educating users regarding treatment and therapy options in the context of improving symptoms associated with a variety of health conditions, such that therapeutic interventions in a customized, and adaptive manner can be administered or provided information about to one or more patients exhibiting health condition symptoms; See Paull Par [0131] which discloses educating patients regarding treatment and therapy options in the context of improving symptoms associated with, for instance, GI health; See Paull Par [0030] & [0063] & [0315] which discloses the intervention comprising CBT or other lessons via a GUI for example to develop a skillset for managing stress, i.e. lifestyle information; See Paul Par [0283] which discloses improvement of socialization, i.e. improving relationships, i.e. lifestyle information).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Muriqi, Paull, and Olivier regarding determining at least one health intervention for the subset of members and providing information about at least one intervention that is beneficial to the subset of members to the identified member to further include an intervention comprising lifestyle information, as disclosed by Paull, because this allows for users sharing symptoms of certain health conditions, such as GI health conditions, to be recommended certain therapies or interventions and information associated therewith, such as for mitigating said GI health conditions (See Paull Par [0030], [0063], [0125], [0131], & [0315]).
Claim 16 –
Regarding Claim 16, Muriqi, Paull, and Olivier disclose the method of claim 15 in its entirety. Paull further discloses a method, wherein:
the life style intervention comprises at least one of:
fasting, stress reduction, improving sleep behaviors, improving mood, reducing anxiety, improving relationships, and dietary changes (See Paull Par [0125] which discloses educating users regarding treatment and therapy options in the context of improving symptoms associated with a variety of health conditions, such that therapeutic interventions in a customized, and adaptive manner can be administered or provided information about to one or more patients exhibiting health condition symptoms; See Paull Par [0131] which discloses educating patients regarding treatment and therapy options in the context of improving symptoms associated with, for instance, GI health; See Paull Par [0030] & [0063] & [0315] which discloses the intervention comprising CBT or other lessons via a GUI for example to develop a skillset for managing stress, i.e. stress reduction/reducing anxiety; See Paull Par [0007] & [0283] which discloses diet changes being included; See Paull Par [0266] which discloses reduced carbohydrate consumption, which includes aspects of fasting; See Paul Par [0283] which discloses improvement of socialization, i.e. improving relationships).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Muriqi, Paull, and Olivier regarding determining at least one health intervention for the subset of members and providing information about at least one intervention that is beneficial to the subset of members to the identified member to further include a lifestyle intervention including fasting, stress reduction, improving sleep behavior, improving mood, reducing anxiety, improving relationships, or dietary changes, as disclosed by Paull, because this allows for users sharing symptoms of certain health conditions, such as GI health conditions, to be recommended certain therapies or interventions and information associated therewith, such as for mitigating said GI health conditions (See Paull Par [0125] & [0131] & [0283]).
Claim 20 –
Regarding Claim 20, Muriqi discloses a system to provide an intervention in a subset of a population, the system comprising:
a computer processor (See Muriqi Par [0516] & [0531] which discloses the use of a processor or computer system connected to a main memory to execute stored information and instructions);
a data repository in communication with the computer processor (See Muriqi Par [0516] & [0531] which discloses the use of a processor or computer system connected to a main memory to execute stored information and instructions) and storing:
communications, an intervention, and an incentive (See Muriqi Par [0516] which discloses the use of a processor or computer system connected to a main memory to execute stored information and instructions; See Muriqi Par [0017] which discloses the content is recommended or suggested to users according to the social network by referrers or influencers, albeit not recited for an “intervention”; See Muriqi Par [0017] which discloses the content is recommended or suggested to users according to the social network by referrers or influencers, such that responsible referrers or influencers receive a portion of the subsidy of the content as compensation, and thereby become incentivized for the activities within the social network, and users may receive a portion of the subsidy as incentive for participation, i.e. providing an incentive; See Muriqi Par [0029] which discloses the content provider providing content with expectation of affixed or variable fee for the content per consumption);
a communication analyzer which, when executed by the computer processor, analyzes the communications (See Muriqi Par [0016] which discloses a social network storing relationships between people and other objects, relationships based on interactions, i.e. communications in the DCN, between members; See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals));
a digital communications network which, when executed by the computer processor, provides a network for members of a population to interact with each other (See Muriqi Par [0016] which discloses a social network storing relationships between people and other objects, associated characteristics and information, and links to content and subsidized content; See Muriqi Par [0096] which discloses the general social network to study relationships between individuals, groups, etc.); and
a server controller which (See Muriqi Par [516] & [0531] which discloses server implementation for performance of the steps recited), when executed by the computer processor:
identifies a subset of members based on a medical condition shared by each member of the subset of members identified in the analysis of the communications (See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals; See Muriqi Par [0017] which discloses the content is recommended or suggested to users, i.e. subset of members, according to the social network by referrers or influencers, i.e. a member with influence over the subset of members);
receives a first set of biometrics relative to the medical condition from the subset of members (See Muriqi Par [0426]-[0428] which discloses a biometric sensor being able to collect various biometrics of the user, including biometrics to systematically identify, extract, quantify, and study affective states and subjective information; See Muriqi Par [0429] which discloses sentiment analysis is widely applied to voice of the customer materials such as reviews and survey responses, online and social media, and healthcare materials for applications that range from marketing to customer service to clinical medicine, i.e. that clinical medicine is a consideration in the aspects shared between members of the network, albeit not explicitly recited for a medical condition);
identifies a member with influence over the subset of members as an identified member the identified member having the medical condition (See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals; See Muriqi Par [0017] which discloses the content is recommended or suggested to users, i.e. subset of members, according to the social network by referrers or influencers, i.e. a member with influence over the subset of members);
determines at least one intervention to improve the medical condition for the subset of members (See Muriqi Par [0017] which discloses the content is recommended or suggested to users according to the social network by referrers or influencers, albeit not recited for an “intervention” per se);
provide information to the identified member about at least one intervention that is beneficial to the subset of members (See Muriqi Par [0017] which discloses the content is recommended or suggested to users according to the social network by referrers or influencers, albeit not recited for an “intervention” per se or “information that is beneficial” per se); and
provide an incentive to the identified member to use the at least one intervention (See Muriqi Par [0017] which discloses the content is recommended or suggested to users according to the social network by referrers or influencers, such that responsible referrers or influencers receive a portion of the subsidy of the content as compensation, and thereby become incentivized for the activities within the social network, and users may receive a portion of the subsidy as incentive for participation, i.e. providing an incentive; See Muriqi Par [0029] which discloses the content provider providing content with expectation of affixed or variable fee for the content per consumption);
prioritize communication from the identified member in a communication feed to the subset of members (See Muriqi Par [0174] which discloses respective users may receive metadata files associated with preferred influencers, such that content and ads may be distributed according to said prioritization/targeting; See Muriqi Par [0493] which discloses a ranked or prioritized list of content to be selected by the user or system based on a user preference profile and user demographic profile to determine the ranking or priority of said content, such that the ranking is adaptive to user action, predicted mood, diurnal variations, group settings (multiple concurrent viewers), i.e. ; available content and sponsorship opportunities, and social trends);
analyzing a second set of communications in the DCN between the identified member and the subset of members (See Muriqi Par [0016] which discloses a social network storing relationships between people and other objects, relationships based on interactions, i.e. communications in the DCN, between members, and see Muriqi Par [0005] which discloses social network analysis being performed on social interactions, i.e. multiple communications, between social actors; See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals);
determining, based on the analysis, that the identified member shared their experience with the incentive of the identified number at least one intervention to the subset of members in the prioritized communications (See Muriqi Par [0016] which discloses a social network storing relationships between people and other objects, relationships based on interactions, i.e. communications in the DCN, between members, and see Muriqi Par [0005] which discloses social network analysis being performed on social interactions, i.e. multiple communications, between social actors; See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals);
receiving a second set of biometrics relative to the medical condition from the subset of members (See Muriqi Par [0426]-[0428] which discloses a biometric sensor being able to collect various biometrics of the user, including biometrics to systematically identify, extract, quantify, and study affective states and subjective information; See Muriqi Par [0429] which discloses sentiment analysis is widely applied to voice of the customer materials such as reviews and survey responses, online and social media, and healthcare materials for applications that range from marketing to customer service to clinical medicine, i.e. that clinical medicine is a consideration in the aspects shared between members of the network, albeit not explicitly recited for a medical condition); and
determining an efficacy of the identified member sharing their experience with the at least one intervention for the medical condition to the subset of members based on a difference between the first set of biometrics and the second set of biometrics (See Paull Par [0256] which discloses dynamically updating patient’s personalized intervention regimen, such that the operation can function to increase engagement between the patient and the intervention regimen in order to improve effectiveness of provided treatments, i.e. efficacy of the provided treatments, pointing towards considerations of efficacy; See Paull Par [0328] which discloses generating a combined dataset upon applying a first set of transformations to an aggregate dataset (i.e. one or more datasets combined into an aggregate dataset) including physiological data, behavioral data, environmental stress data, emotional data, and cognitive data from a set of users exhibiting a form of the GI health condition, such as by collecting treatment dataset comprising treatment outcome labels and/or quantitative or qualitative labels describing efficacy of individual treatment components, and therefore constitutes considering efficacy of the at least one intervention for the medical condition to the subset of members based on one or more biometric and/or health datasets).
While Muriqi generally discloses determining content to be suggested to members of a social network by an influencer, Muriqi does not explicitly disclose the content being an “intervention” or providing “beneficial information about the at least one intervention” per se as given by the following limitations:
identifying the subset of members based on a medical condition shared by each member of the subset of members identified in the analysis of the communications;
receiving a first set of biometrics relative to the medical condition from the subset of members;
determining at least one intervention for the subset of members;
providing information about at least one intervention that is beneficial to the subset of members to the identified member;
receiving a second set of biometrics relative to the medical condition from the subset of members;
determining an efficacy of the identified member sharing their experience with the at least one intervention for the medical condition to the subset of members based on a difference between the first set of biometrics and the second set of biometrics.
However, Paull discloses determining at least one intervention for the subset of members (See Paull Par [0083] which discloses an online system for digital content associated with adaptive interventions, such that the devices can deliver the therapy and skills training to the one or more patients, or users of the platform/system; See Paull Par [0125] which discloses educating users regarding treatment and therapy options in the context of improving symptoms associated with a variety of health conditions, such that therapeutic interventions in a customized, and adaptive manner can be administered or provided information about to one or more patients exhibiting health condition symptoms; See Paull Par [0131] which discloses educating patients regarding treatment and therapy options in the context of improving symptoms associated with, for instance, GI health); providing information about at least one intervention that is beneficial to the subset of members to the identified member (See Paull Par [0131] which discloses educating patients regarding treatment and therapy options in the context of improving symptoms associated with, for instance, GI health).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Muriqi regarding determining content to be suggested to members of a social network by an influencer, to further include determining at least one intervention for the subset of members and providing information about at least one intervention that is beneficial to the subset of members to the identified member, because this allows for users sharing symptoms of certain health conditions to be recommended certain therapies or interventions and information associated therewith (See Paull Par [0125] & [0131]).
While Muriqi and generally discloses determining content to be suggested to members of a social network by an influencer and analyzing communications to determine various aspects of the members in the social network, and determining efficacy of the intervention for the medical condition based on physiological data, Muriqi and Paull are generally silent on determining an efficacy of the identified member sharing their experience with the at least one intervention for the medical condition to the subset of members based on a difference between the first set of biometrics and the second set of biometrics.
However, Olivier discloses determining an efficacy of the identified member sharing their experience with the at least one intervention for the medical condition to the subset of members based on a difference between the first set of biometrics and the second set of biometrics (See Olivier Par [0052] which discloses rendering a graphical view of the HLE user’s final health snapshot in comparison to their health snapshot at the outset of the intended intervention, such that the user’s heart rate has decreased from 62 bpm to 54 bpm while increasing the sleep quality from 76/100 to 84/100, and thus the HLE user is enabled to visualize the effectiveness of a given intervention over the duration period to get a before, after, and change “snapshot” once the desired intervention is concluded and provide time course data for changes if desired; See Olivier Par [0054]-[0056] which discloses the interventions qualitative rank, i.e. efficacy, may be based on how beneficial an intervention is to the user’s body based on metrics being tracked).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Muriqi and Paull, which already discloses analyzing communications to determine various aspects of the members in the social network, to further include determining an efficacy of the identified member sharing their experience with the at least one intervention for the medical condition to the subset of members based on a difference between the first set of biometrics and the second set of biometrics, as disclosed by Olivier, because this allows for ranking various interventions based on qualitative rank/efficacy on how beneficial an intervention is to the user’s body based on metrics being tracked and visualization thereof (See Olivier Par [0052] & [0054]-[0056).
Claim 21 –
Regarding Claim 21, Muriqi, Paull, and Olivier disclose the system of claim 20 in its entirety. Muriqi further discloses a system, wherein:
identifying the identified member includes determining a number of connections of the member with the subset of member and a number of interactions between the member and the subset of members (See Muriqi Par [0102]-[0104] which discloses the existence of links, i.e. connections, in the network using diffusion models and interactions giving indications of influence flow between individuals to determine power of social influence of one or more individuals).
Claims 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Muriqi, in view of Paull, further in view of Olivier, further in view of Kalakuntla et al. (U.S. Patent Publication No. 2019/0096531), hereinafter “Kalakuntla”.
Claim 17 –
Regarding Claim 17, Muriqi, Paull, and Olivier disclose the method of claim 10 in its entirety. Muriqi and Paull do not further disclose a method, wherein:
the incentive includes providing a discount or at no cost, means for measuring a biometric of the identified member.
While Muriqi Par [0062] generally discloses a discount may be provided for orders placed through the social network platform, Muriqi and Paull do not explicitly disclose the incentive including means for measuring a biometric of the identified member.
However, Kalakuntla discloses the incentive includes providing a discount or at no cost, means for measuring a biometric of the identified member (See Kalakuntla Par [0003] which discloses a timely assessment of potential health risks may slow down adverse impact on an individual’s health; See Kalakuntla Par [0045] which discloses an offer module that enables the individual to know about incentives about any special offers or discounts offered for tests prescribed; See Kalakuntla Par [0056] which discloses a package offered including checkup/tests prescribed, including home collection of blood samples and the like, and any discounts associated therewith being displayed, i.e. providing said incentive at a discount). The disclosure of Kalakuntla is directly applicable to the already-combined disclosure of Muriqi, Paull, and Olivier, because both disclosures share limitations and capabilities, such as being directed towards providing end-users with content/incentives based on aspects of said user.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Muriqi, Paull, and Olivier which already discloses providing incentives and/or health-related interventions for one or more users to further include the incentive includes providing a discount or at no cost, means for measuring a biometric of the identified member, as disclosed by Kalakuntla, because this allows for motivating a patient to perform more timely collection/assessments of potential health risks in a home setting (See Kalakuntla Par [0003] & [0056]).
Claim 18 –
Regarding Claim 18, Muriqi, Paull, Olivier, and Kalakuntla disclose the method of claim 17 in its entirety. Kalakuntla further disclose a method, wherein:
the biometric is at least one of:
a saliva sample, a blood sample, a breath sample, and a stool sample (See Kalakuntla Par [0003] which discloses a timely assessment of potential health risks may slow down adverse impact on an individual’s health; See Kalakuntla Par [0045] which discloses an offer module that enables the individual to know about incentives about any special offers or discounts offered for tests prescribed; See Kalakuntla Par [0056] which discloses a package offered including checkup/tests prescribed, including home collection of blood samples and the like, and any discounts associated therewith being displayed, i.e. providing said incentive at a discount; While not relied upon, because Kalakuntla discloses collection of blood samples, for purposes of advancing prosecution, see Paull Par [0266] & [0281] which also discloses smart toilet devices and/or other devices for analyzing stool and/or urine samples and Paull Par [0273] which discloses receiving a stool or a breath sample).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Muriqi, Paull, and Olivier which already discloses providing incentives and/or health-related interventions for one or more users to further include the incentive includes providing a discount or at no cost, means for measuring a biometric of the identified member, as disclosed by Kalakuntla, because this allows for motivating a patient to perform more timely collection/assessments of potential health risks in a home setting (See Kalakuntla Par [0003] & [0056]).
Claim 19 –
Regarding Claim 19, Muriqi, Paull, Olivier, and Kalakuntla disclose the method of claim 17 in its entirety. Muriqi, Paull, and Kalakuntla further disclose a method, further comprising:
requesting a biometric sample kit through the DCN (See Muriqi Par [0062] which generally discloses a discount may be provided for orders placed through the social network platform; See Kalakuntla Par [0003] which discloses a timely assessment of potential health risks may slow down adverse impact on an individual’s health; See Kalakuntla Par [0045] which discloses an offer module that enables the individual to know about incentives about any special offers or discounts offered for tests prescribed; See Kalakuntla Par [0056] which discloses a package offered including checkup/tests prescribed, including home collection of blood samples and the like, and any discounts associated therewith being displayed, i.e. providing said incentive at a discount; See Paull Par [0029] which discloses a behavioral therapy toolkit being provided by the systems, i.e. requested through the network and thereby provided remotely, as described at Paull Par [0124]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Muriqi, Paull, and Olivier which already discloses providing incentives and/or health-related interventions for one or more users, including requesting/fulfillment of a behavioral therapy toolkit to further include the incentive includes providing a discount or at no cost, means for measuring a biometric of the identified member, as disclosed by Kalakuntla, because this allows for motivating a patient to perform more timely collection/assessments of potential health risks in a home setting (See Kalakuntla Par [0003] & [0056]).
It would have been further obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the disclosure of Muriqi, Paull, Olivier, and Kalakuntla, which already discloses providing incentives and/or health-related interventions for one or more users at a discount or at no cost, means for measuring a biometric of the identified member to further include requesting/fulfillment of a behavioral therapy toolkit, as disclosed by Paull, because this allows for a toolkit that is specifically tailored for a particular physical condition/screening to be delivered to the user via a remote setting (See Paull Par [0029] & [0124]).
Response to Arguments
Applicant's arguments filed 16 July 2026 have been fully considered but they are not persuasive:
Regarding Claim Objections to claims 7, 16, & 21, Applicant argues on p. 8 of Arguments/Remarks that amendments to the independent claims have been made to address previous informalities and therefore, claim objections for claims 7, 16, & 21 should be withdrawn. Examiner agrees with Applicant’s arguments. Therefore, the claim objections for claims 7, 16, & 21 have been withdrawn.
Regarding 35 U.S.C. 112(b) rejections of claims 2-3, Applicant argues on p. 8-9 of Arguments/Remarks that claims 2-3 have been amended to address previous informalities found regarding 35 U.S.C. 112(b) and therefore the 35 U.S.C. 112(b) rejections for claims 2-3 should be withdrawn. Examiner agrees with Applicant’s arguments. Therefore, the 35 U.S.C. 112(b) rejections for claims 2-3 have been withdrawn.
Regarding 35 U.S.C. 101 rejections of claims 1-21, Applicant argues on p. 9-11 of Arguments/Remarks that the claims demonstrate a practical application under step 2A, prong 2 of the Alice/Mayo framework. More specifically, Applicant argues that the claims have the practical application of determining an efficacy of an identified member sharing their experience with an intervention to improve a medical condition to a subset of members that have the medical condition. Examiner respectfully disagrees with Applicant’s arguments. As established above in the “Claim rejections – 35 U.S.C. 101” section of this Office Action, it has been established that determining an efficacy of an identified member sharing their experience with an intervention to improve a medical condition to a subset of members that have the medical condition merely furthers the already-identified abstraction. That is, the efforts amount to insignificant, extra-solution activity in the form of selecting a particular data source and/or data manipulation, and/or amount to well-understood, routine, and conventional activity found in prior art systems relating to performing repetitive calculations and electronic recordkeeping. That is, the efforts of determining an efficacy does not comprise physical or otherwise tangible actions performed by the system and instead amounts to the abstract idea of “determining” certain scores or criteria. Furthermore, it should be noted that MPEP 2106.04(d)(III) & MPEP 2106.05(a) set forth that the judicial exception alone is not eligible subject matter and cannot provide the improvement to technology or the technical field by itself.
Regarding 35 U.S.C. 103 rejections of claims 1-21, Applicant argues on p. 11-13 of Arguments/Remarks that Muriqi, Paull, and Kalakuntla do not disclose the entirety of the amendments found in independent claims 1, 10, & 20. Examiner agrees with Applicant’s arguments. Therefore, previous 35 U.S.C. 103 rejections for claims 1-21 have been withdrawn. However, upon further consideration, a new ground of rejection has been made under 35 U.S.C. 103 over Muriqi, Paull, and Olivier for claims 1-16 & 20-21 & a new ground of rejection has been made under 35 U.S.C. 103 over Muriqi, Paull, Olivier, and Kalakuntla for claims 17-19. As such, claims 1-21 remain rejected under 35 U.S.C. 103.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure:
Bergmann-Good et al. (U.S. Patent Publication No. 2025/015287) discloses an individualized intervention to generate and provide wellness pattern aware interventions based on interactions with various platforms and/or mobile devices;
Moturu et al. (U.S. Patent Publication No. 2021/0391083) discloses selecting a therapeutic intervention from a set of therapeutic interventions, based on processing with at least one of the first log of use dataset;
Sy et al. (U.S. Patent Publication No. 2020/0286606) discloses enhancing patient compliance with a medical therapy plan, including customized messages being sent and displayed that addresses changes in dispositions that are key to compliance with the medical therapy plan.
Applicant's amendment necessitated the new ground of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/H.R./Examiner, Art Unit 3684
/Shahid Merchant/Supervisory Patent Examiner, Art Unit 3684
