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 .
Status
Claims 21-36 have been examined. Claims 1-20, have been has been cancelled.
Double Patenting
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).
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Claims 21, 36 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 9 of U.S. Patent No. 11742069 and claims 1, 10 of US patent No. 12334210. Although the claims at issue are not identical, they are not patentably distinct from each other because both claims recite the same feature of retrieve a nociception parameter associated with a subject; classify the nociception parameter to a nociception grouping generate a nociception nourishment program as a function of the plurality of nutrition elements, wherein generating the nociception nourishment program comprises generating a nociception nourishment index.
Allowable Subject Matter
The primary reason for indicating allowability over the prior art is the inclusions of
the following limitations in the combination as recited.
Claim 21 is directed towards a system for tracking pain management from a nourishment program for nociception disorders, the system comprising:
a computing device, wherein the computing device is configured to:
retrieve a nociception parameter associated with a subject;
identify a nociception biologic data associated with the nociception parameter;
generate, a non-medicated treatment plan as a function of the nociception biologic data; and
generate a nociception nourishment program as a function of the nociception biologic data, wherein generating the nociception nourishment program comprises generating a nociception nourishment index using an index model, wherein the index model comprises a machine learning module that is configured to:
identify, by the machine learning module, pain state from the nociception biologic data;
apply, by the machine learning module, a numerical assessment of pain management determined from the nociception parameter;
generate, a nociception nourishment index as a function of pain state and the numerical assessment of pain management; and
display, a subject's current nourishment and level of subject participation.
For claim rejection under 35USC 101, the current invention recites “generate a nociception nourishment program as a function of the nociception biologic data, wherein generating the nociception nourishment program comprises generating a nociception nourishment index using an index model, wherein the index model comprises a machine learning module; identify, by the machine learning module, pain state from the nociception biologic data ”. Under Patent Subject Matter Eligibility Guidance (MPEP 2106.04-07), the combination of recited additional elements in the recited claims is patent eligible because the claims as a whole integrate an abstract idea into practical application under Prong Two of Step 2A of the Alice/Mayo Test. The claims are eligible because it is not directed to an abstract idea or any other judicial exception.
For claim rejection under USC 103, the closet prior art relates to Zuckerman Starket al. (WO201706313A2 hereinafter Zuckerman) in view of Kane (US 20050177397). Zuckerman describes a nociception monitoring device including at least one sensor configured to sense at least three physiological parameters of a patient, and a computing unit configured to receive the at least three physiological parameters and to compute a nociception scale (NS) value, indicative of a nociception level of the patient, based on an analysis of the at least three physiological parameters. Kane describes linking consumers and nutritional pharmacologists offering personalized nutritional information through a central network site.
However, both Zuckerman Stark and Kane fail to teach generating an indexing model using training data including a plurality of data entries correlating the respective effect of each nutrition element in the nociception nourishment program on the nociception parameter; and generating the nociception nourishment index as a function of the indexing model and the nutritional input.
The NPL “Chronic Pain in Children and Adolescents: Diagnosis and Treatment of Primary Pain Disorders in Head, Abdomen, Muscles and Joints“ describes Primary pain disorders (formerly “functional pain syndromes”) are common, under-diagnosed and under-treated in children and teenagers. This manuscript reviews key aspects which support understanding the development of pediatric chronic pain, points to the current pediatric chronic pain terminology, addresses effective treatment strategies, and discusses the evidence-based use of pharmacology. Common symptoms of an underlying pain vulnerability present in the three most common chronic pain disorders in pediatrics: primary headaches, centrally mediated abdominal pain syndromes, and/or chronic/recurrent musculoskeletal and joint pain.
However, the NPL of record does not disclose generating an indexing model using training data including a plurality of data entries correlating the respective effect of each nutrition element in the nociception nourishment program on the nociception parameter; and generating the nociception nourishment index as a function of the indexing model and the nutritional input.
Claim 21-36 would be allowable if rewritten to overcome Double Patenting set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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/HIEP V NGUYEN/Primary Examiner, Art Unit 3686
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