DETAILED ACTIONS
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice to Applicant
2. This communication is in response to the communication filed 4/14/2025. Claims 1-16 are currently pending.
Claim Rejections - 35 USC § 101
3. 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.
3.1. Claims 1-16 are rejected under 35 U.S.C. § 101 because while the claims (1) are to a statutory category (i.e., process, machine, manufacture or composition of matter, the claims (2A1) recite an abstract idea (i.e., a law of nature, a natural phenomenon); (2A2) do not recite additional elements that integrate the abstract idea into a practical application; and (2B) are not directed to significantly more than the abstract idea itself.
In regards to (1), the claims are to a statutory category (i.e., statutory categories including a process, machine, manufacture or composition of matter). In particular, independent claims 1 and 13, and their respective dependent claims are directed, in part, to methods for recommending a personal care product attribute list to a user.
In regards to (2A1), the claims, as a whole, recite and are directed to an abstract idea because the claims include one or more limitations that correspond to an abstract idea including mental processes and/or certain methods of organizing human activity which encompasses both certain activity of a single person, certain activity that involves multiple people, and certain activity between a person and a computer. For example, independent claims 1 and 13, as a whole, are directed to recommending a personal care product attribute list to a user by, inter alia, receiving information including a personal care objective of a user, accessing a matrix data structure including demographic and environmental attributes, ingredients corresponding to customer review data, sentiment of customer review data, filtering the data, extracting a product attribute list, providing the user the product attribute list, etc. which are human activities and/or interactions and therefore, certain methods of organizing human activity which encompasses both certain activity of a single person, certain activity that involves multiple people, and certain activity between a person and a computer. The dependent claims include all of the limitations of their respective independent claims and thus are directed to the same abstract idea identified for the independent claims but further describe the elements and/or recite field of use limitations.
Furthermore, the claims are also directed to an abstract idea because the claims, except for certain limitations (* identified below in bold), under the broadest reasonable interpretation, can be reasonably and practically performed in the human mind and/or with pen and paper using observation, evaluation, judgment and/or opinion. That is, other than reciting the certain additional elements, nothing in the claims precludes the limitations from being practically performed in the mind and/or with pen and paper. For example, a person can receive and access information, filter data, extract data, provide an output including a product attribute list to a user using their mind and/or with pen and paper using observation, evaluation, judgment and/or opinion.
CLAIM 1:
A method for maintaining user privacy in a recommendation system, the method comprising:
at a computing system, receiving from a client device in communication with the computing system and operated by a user, information comprising:
an identifier corresponding to a personal care objective; and
at least one of a set of demographic attributes describing the user or a set of environmental attributes corresponding to location occupied by the user;
generating, by the computing system, a first fingerprint based on at least one of the set of demographic attributes or the set of environmental attributes;
generating, by the computing system, a second fingerprint based on the identifier;
accessing a matrix data structure comprising:
a first dimension defined by a set of fingerprints based on demographic or environmental attributes derived from customer review data;
a second dimension defined by a set of attributes corresponding to one or more products associated with the customer review data;
a third dimension defined by a set of fingerprints corresponding to a set of personal care objectives; and
values corresponding to sentiment of the customer review data;
filtering the matrix data structure based on the first fingerprint, the second fingerprint, and a threshold positive sentiment score;
extracting a product attribute list corresponding to the second dimension of the filtered matrix data structure; and
providing as output of the recommendation system, the product attribute list.
CLAIM 2
The method of claim 1, wherein the personal care objective comprises one of
a skincare goal; or
a medical condition.
CLAIM 3
The method of claim 1, wherein at least one of the first fingerprint or the second fingerprint is determined at least in part by a one-way hash function.
CLAIM 4
The method of claim 1, wherein the set of attributes corresponding to one or more products comprises ingredients of one or more personal care products.
CLAIM 5
The method of claim 4, wherein the set of attributes corresponding to one or more products comprises ingredients of one or more skincare products.
CLAIM 6
The method of claim 1, wherein the product attribute list is provided as output to the client device.
CLAIM 7
The method of claim 1, further comprising generating a custom personal care product based on the product attribute list.
CLAIM 8
The method of claim 1, wherein the first fingerprint is based on both the set of demographic attributes and the set of environmental attributes.
CLAIM 9
The method of claim 8, wherein the first fingerprint is updated on a schedule to accommodate changes to the set of demographic attributes or the set of environmental attributes.
CLAIM 10
The method of claim 1, wherein at least one demographic attribute of the set of demographic attributes is determined from user input provided to the client device.
CLAIM 11
The method of claim 10, wherein the user input is provided in response to the client device rendering, in a graphical user interface of the client device, a questionnaire.
CLAIM 12
The method of claim 1, wherein at least one demographic attribute of the set of demographic attributes is determined from a photograph or video of the user.
CLAIM 13
A method for maintaining user privacy in a recommendation system, the method comprising:
receiving, at a computing system, from a client device operated by a user, information comprising:
an identifier identifying a personal care objective; and
a hash derived from a set of demographic attributes and a set of environmental attributes;
accessing, by a computing system, a matrix data structure comprising:
a first dimension defined by a set of hashes based on demographic and environmental attributes derived from customer review data;
a second dimension defined by a set of ingredients corresponding to products associated with the customer review data;
a third dimension defined by a set of identifiers corresponding to a set of personal care objectives derived from the customer review data; and
values corresponding to sentiment of the customer review data;
filtering the first dimension of the matrix data structure based on the hash, the third dimension based on the identifier, and a threshold sentiment score;
extracting a product attribute list corresponding to the second dimension of the filtered matrix data structure; and
providing as output of the recommendation system, the product attribute list.
CLAIM 14
The method of claim 13, wherein the threshold sentiment score is a positive sentiment score and the product attribute list comprises product attributes recommended to the user.
CLAIM 15
The method of claim 13, wherein the threshold sentiment score is a negative sentiment score and the product attribute list comprises product attributes recommended that the user avoid.
CLAIM 16
The method of claim 13, wherein the personal care objective relates to one of:
skincare; or
haircare.
* The limitations that are in bold are considered “additional elements” that are further analyzed below in subsequent steps of the 101 analysis. The limitations that are not in bold are abstract and/or can be reasonably and practically performed in the human mind and/or with pen paper.
In regards to (2A2), the claims do not recite additional elements that integrate the abstract idea into a practical application. The additional elements in the claims (i.e., * identified above in bold) do not integrate the abstract idea into a practical application because the additional elements merely add insignificant extra-solution activity to the abstract idea; merely link the use of the judicial exception to a particular technological environment or field of use; and/or simply append technologies and functions, specified at a high level of generality, to the abstract idea (i.e., the additional elements do not amount to more than a recitation of the words “apply it” (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer).
Here, the additional elements (e.g., computing system, client device, etc.) are recited at a high-level of generality such that it amounts to no more than mere instructions to apply the abstract idea using generic computer technologies. Moreover, the claims recite “by a computing system”, etc. devoid of any meaningful technological improvement details and thus, further evidence the additional elements are merely being used to leverage generic technologies to automate what otherwise could be done manually. Accordingly, the additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Furthermore, the additional elements do not recite improvements to the functioning of a computer, or to any other technology or technical field—the additional elements merely recite general purpose computer technology; the additional elements do not recite applying or using a judicial exception to effect a particular treatment or prophylaxis for disease or medical condition—there is no actual administration of a particular treatment; the additional elements do not recite applying the judicial exception with, or by use of, a particular machine—the additional elements merely recite general purpose computer technology; the additional elements do not recite limitations effecting a transformation or reduction of a particular article to a different state or thing—the additional elements do not recite transformation such as a rubber mold process; the additional elements do not recite applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment—the additional elements merely leverage general purpose computer technology to link the abstract idea to a technological environment.
In regards to (2B), the claims, individually, as a whole and in combination with one another, do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements or combination of elements in the claims, other than the abstract idea per se, amount to no more than a recitation of (A) a generic computer structure(s) that serves to perform computer functions that serve to merely link the abstract idea to a particular technological environment (i.e., computers); and/or (B) functions that are well-understood, routine, and conventional activities previously known to the pertinent industry.
Here, as discussed above with respect to integration of the abstract idea into a practical application, the additional elements amount to no more than mere instructions to apply the exception using generic computer technologies. Mere instructions to apply an exception using generic computer technologies cannot provide an inventive concept.
Moreover, paragraphs [0101] and [0154]-[0156] of applicant's specification (US 2025/0378055) recites that the system/method may be implemented using any appropriate computing device such as a laptop computer, a desktop computer, any type of mobile device, a smart phone, a tablet, etc. which are well-known general purpose or generic-type computers and/or technologies. The use of generic computer components recited at a high level of generality to process information through an unspecified processor/computer does not impose any meaningful limit on the computer implementation of the abstract idea. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). 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.
Furthermore, the additional elements are merely well-known general purpose computers, components and/or technologies that receive, transmit, store, display, generate and otherwise process information which are akin to functions that courts consider well-understood, routine, and conventional activities previously known to the pertinent industry, such as, performing repetitive calculations; receiving or transmitting data over a network; electronic recordkeeping; retrieving and storing information in memory; and sorting information (See, for example, MPEP § 2106).
Therefore, the claims are not patent-eligible under 35 U.S.C. § 101.
Double Patenting
4. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
4.1. Claims 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 12,277,100. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim(s) is/are either anticipated by, or would have been obvious over, the reference claim(s) because all of the limitations of claims 1-16 of instant pending patent application 19/178731 correspond to limitations recited in claims 1*13 of U.S. Patent 12,277,100. Any claim limitation differences are not substantively significant and/or are obvious under a broad and reasonable interpretation, as detailed in the comparison chart below.
PENDING CLAIMS (19/178731)
US PATENT 12,277,100
CLAIM 1
A method for maintaining user privacy in a recommendation system, the method comprising:
at a computing system, receiving from a client device in communication with the computing system and operated by a user, information comprising:
an identifier corresponding to a personal care objective; and
at least one of a set of demographic attributes describing the user or a set of environmental attributes corresponding to location occupied by the user;
generating, by the computing system, a first fingerprint based on at least one of the set of demographic attributes or the set of environmental attributes;
generating, by the computing system, a second fingerprint based on the identifier;
accessing a matrix data structure comprising:
a first dimension defined by a set of fingerprints based on demographic or environmental attributes derived from customer review data;
a second dimension defined by a set of attributes corresponding to one or more products associated with the customer review data;
a third dimension defined by a set of fingerprints corresponding to a set of personal care objectives; and
values corresponding to sentiment of the customer review data;
filtering the matrix data structure based on the first fingerprint, the second fingerprint, and a threshold positive sentiment score;
extracting a product attribute list corresponding to the second dimension of the filtered matrix data structure; and
providing as output of the recommendation system, the product attribute list.
CLAIM 1
A method for maintaining user privacy and anonymizing user data when collecting information from a user of a recommendation system to generate a user-specific recommendation by the recommendation system, the method comprising:
at a computing system, receiving from a client device in communication with the computing system and operated by the user, information comprising:
a set of personal care objective identifiers, each personal care objective identifier corresponding to a respective one personal care objective reported by the user;
a set of demographic identifiers, each demographic identifier corresponding to a respective one demographic attribute reported by the user as describing the user; and
a set of environmental identifiers, each environmental identifier corresponding to a respective one environmental attribute reported by the user and/or reported by the client device as describing a location occupied by the user;
generating, by the computing system, a first hash by providing as input to a one-way hashing function the set of demographic identifiers;
generating, by the computing system, a second hash by providing as input to the one-way hashing function the set of environmental identifiers;
generating, by the computing system, a third hash by providing as input to the one-way hashing function the set of personal care objective identifiers;
providing the first hash, the second hash, and the third hash as input to machine learning model having been trained against a structured dataset comprising:
a first dimension defined by a set of hashes based on demographic or environmental attributes extracted from and/or derived from public customer review data authored by anonymous review authors in respect of one or more consumer products;
a second dimension defined by a set of attributes of consumer products referenced in the public customer review data, the set of attributes extracted from at least one public resource;
a third dimension defined by a set of hashes based on personal care objectives extracted from and/or derived from the public customer review data; and
normalized values corresponding to customer review author sentiment extracted and/or derived from of the public customer review data;
receiving, as output from the predictive model, a set of consumer product attributes that, if exhibited by a product used by the user, would be likely to elicit a positive sentiment review from the user;
instructing to be manufactured a custom product for the user, the custom product exhibiting the set of consumer product attributes received as output from the predictive model;
providing the custom product to the user; and
updating the structured dataset and re-training the machine learning model in response to receiving input from the user regarding the custom product.
CLAIM 2
The method of claim 1, wherein the personal care objective comprises one of a skincare goal; or a medical condition.
CLAIM 2
The method of claim 1, wherein the set of personal care identifiers corresponds to a personal care objective comprising one of a skincare goal; or a medical condition.
CLAIM 3
The method of claim 1, wherein at least one of the first fingerprint or the second fingerprint is determined at least in part by a one-way hash function.
CLAIM 1
a first hash by providing as input to a one-way hashing function the set of demographic identifiers; generating, by the computing system, a second hash by providing as input to the one-way hashing function the set of environmental identifiers
CLAIM 4
The method of claim 1, wherein the set of attributes corresponding to one or more products comprises ingredients of one or more personal care products.
CLAIM 3
The method of claim 1, wherein the set of attributes corresponding to one or more consumer products comprises ingredients of one or more personal care products.
CLAIM 5
The method of claim 4, wherein the set of attributes corresponding to one or more products comprises ingredients of one or more skincare products.
CLAIM 4
The method of claim 3, wherein the set of attributes corresponding to one or more consumer products comprises ingredients of one or more skincare products.
CLAIM 6
The method of claim 1, wherein the product attribute list is provided as output to the client device.
CLAIM 5
The method of claim 1, wherein the set of consumer product attributes is provided as output to the client device.
CLAIM 7
The method of claim 1, further comprising generating a custom personal care product based on the product attribute list.
CLAIM 1
instructing to be manufactured a custom product for the user, the custom product exhibiting the set of consumer product attributes received as output from the predictive model
CLAIM 8
The method of claim 1, wherein the first fingerprint is based on both the set of demographic attributes and the set of environmental attributes.
CLAIM 6
The method of claim 1, wherein the first hash is based on both the set of demographic attributes and the set of environmental attributes.
CLAIM 9
The method of claim 8, wherein the first fingerprint is updated on a schedule to accommodate changes to the set of demographic attributes or the set of environmental attributes.
CLAIM 7
The method of claim 6, wherein the first hash is updated on a schedule to accommodate changes to the set of demographic identifiers or the set of environmental identifiers.
CLAIM 10
The method of claim 1, wherein at least one demographic attribute of the set of demographic attributes is determined from user input provided to the client device.
CLAIM 8
The method of claim 1, wherein at least one demographic identifiers of the set of demographic identifiers is determined from user input provided to the client device.
CLAIM 11
The method of claim 10, wherein the user input is provided in response to the client device rendering, in a graphical user interface of the client device, a questionnaire.
CLAIM 9
The method of claim 8, wherein the user input is provided in response to the client device rendering, in a graphical user interface of the client device, a questionnaire.
CLAIM 12
The method of claim 1, wherein at least one demographic attribute of the set of demographic attributes is determined from a photograph or video of the user.
CLAIM 10
The method of claim 1, wherein at least one demographic attribute of the set of demographic is determined from a photograph or video of the user.
CLAIM 13
A method for maintaining user privacy in a recommendation system, the method comprising:
receiving, at a computing system, from a client device operated by a user, information comprising:
an identifier identifying a personal care objective; and
a hash derived from a set of demographic attributes and a set of environmental attributes;
accessing, by a computing system, a matrix data structure comprising:
a first dimension defined by a set of hashes based on demographic and environmental attributes derived from customer review data;
a second dimension defined by a set of ingredients corresponding to products associated with the customer review data;
a third dimension defined by a set of identifiers corresponding to a set of personal care objectives derived from the customer review data; and
values corresponding to sentiment of the customer review data;
filtering the first dimension of the matrix data structure based on the hash, the third dimension based on the identifier, and a threshold sentiment score;
extracting a product attribute list corresponding to the second dimension of the filtered matrix data structure; and
providing as output of the recommendation system, the product attribute list.
CLAIM 11
A method for maintaining user privacy and anonymity in a recommendation system configured to generate user-specific recommendations, the method comprising:
receiving, at a computing system, from a client device operated by a user, information comprising:
an identifier identifying a personal care objective; and
a hash generated by a one-way hashing function receiving as input a set of demographic and a set of environmental each set generated in response to input provided by the user to the client device;
providing, by the computing system, the hash and the identifier as input to a trained predictive model configured to provide as output a set of consumer product ingredients that if embodied in a consumer product used by the user to achieve the personal care objective would be likely to elicit a positive sentiment review from the user,
the trained predictive model having been trained against a matrix data structure comprising:
a first dimension defined by a set of hashes based on demographic and environmental derived and/or extracted from customer review data generated from publicly-available consumer product reviews, each of which authored in respect of one or more consumer products;
a second dimension defined by a set of ingredients corresponding to each of the one or more consumer products, the set of ingredients associated with consumer product of the one or more consumer products determined from one or more third party databases;
a third dimension defined by a set of identifiers each identifier corresponding to a respective set of personal care objectives derived and/or extracted from each publicly-available consumer product reviews of the customer review data; and
values corresponding to sentiment derived and/or extracted from each publicly-available consumer product reviews of the customer review data;
receiving as output of the trained predictive model, the a set of consumer product ingredient;
instructing, by the computing system, formulation of a user-specific custom product based on the set of consumer product ingredients; and
providing the user-specific custom product to the user.
CLAIM 14
The method of claim 13, wherein the threshold sentiment score is a positive sentiment score and the product attribute list comprises product attributes recommended to the user.
CLAIM 11
generate user-specific recommendations
values corresponding to sentiment derived and/or extracted from each publicly-available consumer product reviews of the customer review data;
providing, by the computing system, the hash and the identifier as input to a trained predictive model configured to provide as output a set of consumer product ingredients that if embodied in a consumer product used by the user to achieve the personal care objective would be likely to elicit a positive sentiment review from the user,
CLAIM 15
The method of claim 13, wherein the threshold sentiment score is a negative sentiment score and the product attribute list comprises product attributes recommended that the user avoid.
CLAIM 12
The method of claim 11, wherein the trained predictive model is further configured to provide as output a product attribute list comprising product that are likely to elicit a negative review from the user.
CLAIM 16
The method of claim 13, wherein the personal care objective relates to one of: skincare; or haircare.
CLAIM 13
The method of claim 11, wherein the personal care objective relates to one of: skincare; or haircare.
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Tomaszewski whose telephone number is (313)446-4863. The examiner can normally be reached M-F 5:30 am - 2:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter H Choi can be reached at (469) 295-9171. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL TOMASZEWSKI/Primary Examiner, Art Unit 3681
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