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 .
Claims 1-20 have been examined.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In particular, claims 1 and 12 recite “…providing a digital communication network (DCN) for a plurality of members of a population to interact with each other and the DCN; transmitting a communication from the DCN to an individual member of the plurality of members, the communication comprising: information about an availability of a biometric test to the individual member, and a request for the individual member to reflect on a lifestyle condition of the individual member and what the biometric test may reveal about the lifestyle condition;…”. It’s unclear how the system determines “information about an availability of a biometric test to the individual member”. It’s unclear whether the biometric test is determined based on individual’s current health conditions, or based on individual’s past biometric tests, or based on new developments on biometric testings.
Claims 2-11 and 13-20 inherit the deficiencies of claims 1, 12 through dependency and are therefore also rejected.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1:
Claims 1-11 are drawn to a method which is within the four statutory categories (i.e. process). Claims 12-20 are drawn to a system which is within the four statutory categories (i.e. machine).
Step 2A, Prong 1:
Regarding Step 2A, Prong 1 of the subject matter eligibility analysis per the most recent subject matter eligibility Guidance, claims 1-20 are provided below with markings separating abstract elements from the additional limitations, wherein the bolded style represents the additional limitations beyond abstract idea, and remaining limitations are directed to the abstract idea as discussed below.
“Claim 1. A method comprising:
providing a digital communication network (DCN) for a plurality of members of a population to interact with each other and the DCN;
transmitting a communication from the DCN to an individual member of the plurality of members, the communication comprising:
information about an availability of a biometric test to the individual member, and
a request for the individual member to reflect on a lifestyle condition of the individual member and what the biometric test may reveal about the lifestyle condition;
receiving, by the DCN, a response to the request from the individual member;
providing, by the DCN, the biometric test to the individual member; and
reporting, by the DCN, a result of the biometric test to the individual member.
2. The method of claim 1, wherein the results of the biometric test are received from a biometric lab.
3. The method of claim 1, wherein the method is used to at least one of manage progression of a chronic medical condition in the individual member or improve a health and wellbeing of the individual member.
4. The method of claim 1, wherein the communication is a first communication, the request is a first request, and the response is a first response, and wherein the method further comprises:
transmitting a second communication from the DCN to the individual member, the second communication including at least one of a second request for the individual member to reflect on the result of the biometric test or a follow-up question based in part on the result of the biometric test; and
receiving a second response to the second request from the individual member, the second response including a reflection from the individual member.
5. The method of claim 1, wherein the communication is a first communication and the response is a first response, and wherein the method further comprises:
transmitting a second communication from the DCN to the individual member, the second communication including a follow-up question based on the first response to the request; and
receiving a second response to the follow-up question.
6. The method of claim 1, further comprising: providing at least one of a communications template or a digital tool to the individual member to facilitate the request to reflect.
7. The method of claim 6, wherein the digital tool comprises a chat bot.
8. The method of claim 1, further comprising: sharing the response to the request to at least one other member of the plurality of members.
9. The method of claim 1, wherein the biometric test derives biometric data from one of: saliva, blood, breath, urine, stool, a wearable device, a psychometric survey, and results of the individual member playing a game.
10. The method of claim 1, wherein the response to the request as at least one of: a textual communication, a verbal communication, or a visual communication.
11. The method of claim 1, wherein reporting the result of the biometric test includes sending a copy of the response to the request to the individual member.
12. A system comprising:
a computer processor;
a data repository in communication with the computer processor and storing:
a communication comprising information about an availability of a biometric test and a request for an individual member to reflect on a lifestyle condition of the individual member and what the biometric test may reveal about the lifestyle condition,
a response to the request, and
a result of the biometric test;
a digital communications network which, when executed by the computer processor, provides a network for members of a population to interact with each other; and
a server controller which, when executed by the computer processor:
transmits the communication to the individual member;
receives a response to the request from the individual member;
provides the biometric test to the individual member; and
reports the result of the biometric test to the individual member.
13. The system of claim 12, wherein the results of the biometric test are received from a biometric lab.
14. The system of claim 12, wherein the system is used to at least one of manage progression of a chronic medical condition in the individual member or improve a health and wellbeing of the individual member.
15. The system of claim 12, wherein the communication is a first communication, the request is a first request, and the response is a first response, and wherein the server controller further:
transmits a second communication from the DCN to the individual member, the second communication including at least one of a second request for the individual member to reflect on the result of the biometric test or a follow-up question based in part on the result of the biometric test; and receives a second response to the second request from the individual member, the second response including a reflection from the individual member.
16. The system of claim 12, wherein the communication is a first communication and the response is a first response, and wherein the server controller further: transmits a second communication from the DCN to the individual member, the second communication including a follow-up question based on the first response to the request; and receives a second response to the follow-up question.
17. The system of claim 12, wherein the server controller further: provides at least one of a communications template or a digital tool to the individual member to facilitate the request to reflect.
18. The system of claim 17, wherein the digital tool comprises a chat bot.
19. The system of claim 12, wherein the server controller further: shares the response to the request to at least one other member of the plurality of members.
20. The system of claim 12, wherein the biometric test derives biometric data from one of: saliva, blood, breath, urine, stool, a wearable device, a psychometric survey, and results of the individual member playing a game.
Claims are specifically directed to the abstract idea (See limitations not bolded style above) of “certain methods of organizing human activities”, based on managing personal behavior and interactions between people regarding providing information about an availability of a biometric test to the individual member, receiving and providing information to the individual. The mere nominal recitation of a generic computer processor, data processing repository, sever and digital communications network does not take the claims out of the methods of organizing human interactions grouping.
The current specification recites “…the system shown in FIG. 1 also may include a server (130). The server (130) is one or more computer processors, data repositories, communication devices, and supporting hardware and software. The server (130) may be in a distributed computing environment…” in [0058], “For example, as shown in FIG. 3A, the computing system (300) may include one or more computer processor(s) (302), non-persistent storage device(s) (304), persistent storage device(s) (306), a communication interface (308) (e.g., Bluetooth interface, infrared interface, network interface, optical interface, etc.), and numerous other elements and functionalities that implement the features and elements of the disclosure. The computer processor(s) (302) may be an integrated circuit for processing instructions. The computer processor(s) (302) may be one or more cores, or micro-cores, of a processor. The computer processor(s) (302) includes one or more processors. The computer processor(s) (302) may include a central processing unit (CPU), a graphics processing unit (GPU), a tensor processing unit (TPU), combinations thereof, etc.” in [0092], “The communication interface (308) may include an integrated circuit for connecting the computing system (300) to a network (not shown) (e.g., a local area network (LAN), a wide area network (WAN) such as the Internet, mobile network, or any other type of network) or to another device, such as another computing device, and combinations thereof.” in [0093]. Therefore, the recited computer processor, data processing repository, sever and digital communications network correspond to generic computing devices.
After considering all claim elements, both individually and in combination and in ordered combination, it has been determined that the claims do not amount to significantly more than the abstract idea itself.
Claims 2-11, 13-20 are ultimately dependent from claims 1, 12 and include all the limitations of claims 1, 12. Therefore, claims 2-11, 13-20 recite the same abstract idea. Claims 2-11, 13-20 describe a further limitation regarding the basis for providing digital communications to an individual. These are all just further describing the abstract idea recited in claims 1, 12, without adding significantly more.
Step 2A, Prong 2:
This judicial exception is not integrated into a practical application. In particular, claims recite the additional elements of “digital communications network”, “a computer processor”, “a data repository”, “a server”, and the features that are shown in bolded style in the section above. These additional elements correspond to hardware or software elements, these limitations are not enough to qualify as “practical application” being recited in the claims along with the abstract idea since these elements are merely invoked as a tool to apply instructions of the abstract idea in a particular technological environment, and mere instructions to apply/implement/automate an abstract idea in a particular technological environment and merely limiting the use of an abstract idea to a particular field or technological environment do not provide practical application for an abstract idea (MPEP 2106.05(f) & (h)).
Accordingly, these 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. The claims are directed to an abstract idea.
Step 2B:
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 integration of the abstract idea into a practical application, the additional element of using a processor to perform the transmitting data, receiving a response data, providing data and reporting results steps amounts to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using generic computer components cannot provide an inventive concept.
The claims are not patent 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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blocker et al. (hereinafter Blocker) (US 2011/0077469 A1).
Claim 1 recites a method comprising:
providing a digital communication network (DCN) for a plurality of members of a population to interact with each other and the DCN (Blocker discloses “…FIG. 1 illustrates a distributed computing system 100 including various wireline and wireless computing devices that may be utilized to implement any of the chronic ailment treatment processes associated with various embodiments of the present invention. The distributed computing system 100 may include, but is not limited to, one or more remote server computer devices 104a-c, any one of which may be associated with a remote Media Care Provider (MCP) that can provide medical care services and instructions to various networked clientele (operating one or more remote personal computing devices 108a-c, 112, 116, 118 and 120a-b); a communications network 102…” in [0030]);
transmitting a communication from the DCN to an individual member of the plurality of members, the communication comprising: information about an availability of a biometric test to the individual member, and a request for the individual member to reflect on a lifestyle condition of the individual member and what the biometric test may reveal about the lifestyle condition (Blocker discloses “…request biodata comparison…” in [0047], “…self-managing…acquire and store personal biodata…” in [0061] and “…an individual patient can test their own ability to contribute to improving their health by the inclusion of life style improvements and to have the effectiveness of a progression of life style changes on the health condition…” in [0065]);
receiving, by the DCN, a response to the request from the individual member (Blocker; [0047]);
providing, by the DCN, the biometric test to the individual member (Blocker; [0047]); and
reporting, by the DCN, a result of the biometric test to the individual member (Blocker; [0048]).
Claim 2 recites the method of claim 1, wherein the results of the biometric test are received from a biometric lab.
Blocker teaches “If a biodata comparison has been requested, then at block 624, the biodata com parison is performed (e.g., a comparison of biodata for the same PAT during different time periods or a comparison of biodata for different PATs during the same and/or different time periods). Subsequently, the process proceeds to decision block 620.” in [0047]-[0048]. Blocker does not expressly teach the specific data recited in claim 13 (the results of the biometric test are received from a biometric lab); however, these differences are only found in the non-functional descriptive material and are not functionally involved in the steps recited nor do they alter the recited structural elements. The recited method steps would be performed the same regardless of the specific data. Further, the structural elements remain the same regardless of the specific data. Thus, this descriptive material will not distinguish the claimed invention from the prior art in terms of patentability, see In re Gulack, 703 F.2d 1381, 1385, 217 USPQ 401, 404 (Fed. Cir. 1983); In re Lowry, 32 F.3d 1579, 32 USPQ2d 1031 (Fed. Cir. 1994); MPEP 2111.05.
Claim 3 recites the method of claim 1, wherein the method is used to at least one of manage progression of a chronic medical condition in the individual member or improve a health and wellbeing of the individual member (Blocker; [0060]).
Claim 4 recites the method of claim 1, wherein the communication is a first communication, the request is a first request, and the response is a first response, and wherein the method further comprises:
transmitting a second communication from the DCN to the individual member, the second communication including at least one of a second request for the individual member to reflect on the result of the biometric test or a follow-up question based in part on the result of the biometric test; and
receiving a second response to the second request from the individual member, the second response including a reflection from the individual member (Blocker; [0057]).
Claim 5 recites the method of claim 1, wherein the communication is a first communication and the response is a first response, and wherein the method further comprises:
transmitting a second communication from the DCN to the individual member, the second communication including a follow-up question based on the first response to the request; and
receiving a second response to the follow-up question (Blocker; [0057]).
Claim 6 recites the method of claim 1, further comprising: providing at least one of a communications template or a digital tool to the individual member to facilitate the request to reflect (Blocker; [0053], fig. 9A-C).
Claim 7 recites the method of claim 6, wherein the digital tool comprises a chat bot (Blocker; [0053], fig. 9A-C).
Claim 8 recites the method of claim 1, further comprising: sharing the response to the request to at least one other member of the plurality of members (Blocker; [0037]).
Claim 9 recites the method of claim 1, wherein the biometric test derives biometric data from one of: saliva, blood, breath, urine, stool, a wearable device, a psychometric survey, and results of the individual member playing a game (Blocker; [0032]).
Claim 10 recites the method of claim 1, wherein the response to the request as at least one of: a textual communication, a verbal communication, or a visual communication (Blocker; [0037]).
Claim 11 recites the method of claim 1, wherein reporting the result of the biometric test includes sending a copy of the response to the request to the individual member (Blocker; [0048]).
Claim 12 recites a system comprising:
a computer processor (Blocker disclose “one or more processors” in [0033]);
a data repository in communication with the computer processor (Blocker discloses “repositories” in [0037]) and storing:
a communication comprising information about an availability of a biometric test and a request for an individual member to reflect on a lifestyle condition of the individual member and what the biometric test may reveal about the lifestyle condition (Blocker discloses “…request biodata comparison…” in [0047], “…self-managing…acquire and store personal biodata…” in [0061] and “…an individual patient can test their own ability to contribute to improving their health by the inclusion of life style improvements and to have the effectiveness of a progression of life style changes on the health condition…” in [0065]),
a response to the request, and a result of the biometric test; a digital communications network which, when executed by the computer processor, provides a network for members of a population to interact with each other(Blocker discloses “…request biodata comparison…” in [0047], “…self-managing…acquire and store personal biodata…” in [0061] and “…an individual patient can test their own ability to contribute to improving their health by the inclusion of life style improvements and to have the effectiveness of a progression of life style changes on the health condition…” in [0065]); and
a server controller which (Blocker disclose “remote server devices” in [0031]), when executed by the computer processor:
transmits the communication to the individual member (Blocker; [0047]);
receives a response to the request from the individual member (Blocker; [0047]-[0048]);
provides the biometric test to the individual member (Blocker; [0047]-[0048]); and
reports the result of the biometric test to the individual member (Blocker; [0047]-[0048]).
Claim 13 recites the system of claim 12, wherein the results of the biometric test are received from a biometric lab.
Blocker teaches “If a biodata comparison has been requested, then at block 624, the biodata com parison is performed (e.g., a comparison of biodata for the same PAT during different time periods or a comparison of biodata for different PATs during the same and/or different time periods). Subsequently, the process proceeds to decision block 620.” in [0047]-[0048]. Blocker does not expressly teach the specific data recited in claim 13 (the results of the biometric test are received from a biometric lab); however, these differences are only found in the non-functional descriptive material and are not functionally involved in the steps recited nor do they alter the recited structural elements. The recited method steps would be performed the same regardless of the specific data. Further, the structural elements remain the same regardless of the specific data. Thus, this descriptive material will not distinguish the claimed invention from the prior art in terms of patentability, see In re Gulack, 703 F.2d 1381, 1385, 217 USPQ 401, 404 (Fed. Cir. 1983); In re Lowry, 32 F.3d 1579, 32 USPQ2d 1031 (Fed. Cir. 1994); MPEP 2111.05.
Claim 14 recites the system of claim 12, wherein the system is used to at least one of manage progression of a chronic medical condition in the individual member or improve a health and wellbeing of the individual member (Blocker; [0060]).
Claim 15 recites the system of claim 12, wherein the communication is a first communication, the request is a first request, and the response is a first response, and wherein the server controller further:
transmits a second communication from the DCN to the individual member, the second communication including at least one of a second request for the individual member to reflect on the result of the biometric test or a follow-up question based in part on the result of the biometric test; and receives a second response to the second request from the individual member, the second response including a reflection from the individual member (Blocker; [0057]).
Claim 16 recites the system of claim 12, wherein the communication is a first communication and the response is a first response, and wherein the server controller further: transmits a second communication from the DCN to the individual member, the second communication including a follow-up question based on the first response to the request; and receives a second response to the follow-up question (Blocker; [0057]).
Claim 17 recites the system of claim 12, wherein the server controller further: provides at least one of a communications template or a digital tool to the individual member to facilitate the request to reflect (Blocker; [0053], fig. 9A-C).
Claim 18 recites the system of claim 17, wherein the digital tool comprises a chat bot (Blocker; [0053], fig. 9A-C).
Claim 19 recites the system of claim 12, wherein the server controller further: shares the response to the request to at least one other member of the plurality of members (Blocker; [0037]).
Claim 20 recites the system of claim 12, wherein the biometric test derives biometric data from one of: saliva, blood, breath, urine, stool, a wearable device, a psychometric survey, and results of the individual member playing a game (Blocker; [0032]).
Conclusion
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/DILEK B COBANOGLU/Primary Examiner, Art Unit 3687
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