Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Step 1: The claims are directed to a method, device and computer program product which falls within one of the statutory categories of invention. Step 2A, Prong One: Independent claim(s) 1 & 9, 14 & 19-22, recite(s) determining, receiving, transmitting, calculating, inputting. The claims and background of the application do not put any limits on the plain meanings of determining, receiving, transmitting, calculating, inputting. The device claims recites a processor, device and non-transitory readable medium and is recited at a high level of generality, i.e. as a generic processor and memory performing generic functions. The broadest reasonable interpretation of the steps is that those steps fall with the mental process grouping of abstract ideas because they cover concepts performed in the human mind, selection by a human and/or can be presented using a piece of paper, including determining, receiving, transmitting, calculating, inputting. Step 2A, Prong Two: The claims recite processor, device and non-transitory readable medium. This judicial exception is not integrated into a practical application because these limitations do not impose any meaningful limits on the claims. Again, the processor and memory perform their generic functions and is recited at a high level of generality. With these limitations, the processor and memory are used as a tool to perform the generic function of processing and storing data. Therefore, in these limitations the processor, device and non-transitory readable medium are used to perform an abstract idea, as discussed above in Step, 2A, Prong One, such that it amounts to no more than mere instructions to apply the exception using a generic processor, device and non-transitory readable medium. Even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practice application, and the claim is directed to the judicial exception. Step 2B: As explained in the Step 2A, Prong Two, these are two additional elements. The additional elements of a processor, device and non-transitory readable medium in the limitations are at best mere instructions to “apply” the abstract ideas, which cannot provide an inventive concept. See MPEP 2106.05(f). The additional elements were both found to be insignificant extra-solution activity in Step 2A, Prong Two, because they were determined to be insignificant limitations as necessary data processing or storing or just carrying out the steps of the claims. As discussed in Step 2A, Prong Two above, the recitations of processor, device and non-transitory readable medium are recited at a high level of generality. These elements amount to processing information and storing information and are well-understood, routine and conventional activity. Therefore, even when considered in combination, these additional elements represent mere instructions to implement an abstract idea or other exception with a processor, device and non-transitory readable medium and insignificant extra-solution activity, which do not provide an inventive concept. So, these claims are in eligible.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Vitti (U.S. Publication Number 2019/0223843).
Referring to claim 1, Vitti discloses receiving, from a device, menstrual cycle data for a user, wherein the menstrual cycle data includes one or more of a first date of the user’s last menstrual cycle, a cycle length of the user’s menstrual cycle, and/or a length of the user’s period (paragraphs 0013, 0048, 0055 & 0056, output device 103 and processor 100); determining menstrual cycle phase data using the menstrual cycle data (paragraphs 0013, 0048, 0055 & 0056, output device 103 and processor 100); determining feminine wellness information using the menstrual cycle phase data, wherein the feminine wellness information includes personalized interactive content (paragraphs 0013, 0048, 0055 & 0056, output device 103 and processor 100); and transmitting, to the device, the menstrual cycle phase data and the feminine wellness information including the personalized interactive content (paragraphs 0013, 0048, 0055 & 0056, output device 103 and processor 100).
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Lafon et al. (U.S. Publication Number 2021/0145415).
Referring to claim 1, Lafon et al. discloses comprising: receiving, from a device, menstrual cycle data for a user, wherein the menstrual cycle data includes one or more of a first date of the user's last menstrual cycle (Fig. 7 – Dec. 1), a cycle length of the user's menstrual cycle (Fig. 7 – 29 days), and/or a length of the user's period (Fig. 7 – 6 days); determining menstrual cycle phase data using the menstrual cycle data (Fig. 7); determining feminine wellness information using the menstrual cycle phase data, wherein the feminine wellness information includes personalized interactive content (Fig. 9 and paragraphs 0141-0144); and transmitting, to the device, the menstrual cycle phase data and the feminine wellness information including the personalized interactive content (Figs. 3, 4 & 6).
Conclusion
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/KESHA FRISBY/Primary Examiner, Art Unit 3715
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