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`Application No.17/467,517
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`Inventors :
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`Hiroshi YAHATAetal.
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`Conf. No.:
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`8853
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`Appl. No.
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`Filed
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`:
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`:
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` 17/467,517
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`Examiner: Dilek B. Cobanoglu
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`September 7, 2021
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`Group Art Unit: 3626
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`For
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`: METHOD OF PROVIDING INFORMATION
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`RESPONSE UNDER37 C.E.R.§ 1.111 AND
`STATEMENT OF SUBSTANCEOF INTERVIEW
`
`Commissionerfor Patents
`U.S. Patent and Trademark Office
`Customer Service Window, Mail Stop: Amendment
`Randolph Building
`401 Dulany Street
`Alexandria, VA 22314
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`Sir:
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`In response to the outstanding Official Action of September 29, 2023, in which a three-
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`month shortened statutory period for response was set
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`to expire on December 29, 2023,
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`Applicant respectfully requests reconsideration and withdrawal of the outstanding rejections and
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`objection in view of the herein contained remarks:
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`Amendments to the Claims begin on page 2 of this paper.
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`Remarksbegin on page 15 ofthis paper.
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`{P64308 05998807.DOC}
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`Attorney Docket No. P64308
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`AMENDMENTS TO THE CLAIMS
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`The claims in this listing will replace all prior versions, andlistings, of claims in the
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`application.
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`Listing of Claims
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`1.
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`(Currently Amended) A method of providing information in a health management
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`system that
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`includes a first server which securely manages storages that store biological
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`information of a user in association with identification information identifying the user and that
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`communicates with a second server that stores menu information indicating one or more dishes
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`corresponding to a restaurant, the method comprising:
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`outputting a request of acquisition of the menu information to the second server based on
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`a request for a personalized menu for the user acquired received from an information terminal of
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`the user via a network;
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`receiving aequitins the identification information stored in the information terminal from
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`the information terminal via a network with permission information by the user to request for the
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`biological information of the user;
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`acquiring the menu information from the second server;
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`in advance of receiving the identification information, securely managing the storages
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`that sequentially store the biological
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`information in time series in association with the
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`corresponding measured timing data and the identification information,
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`in a distributed and
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`encrypted manner,
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`wherein the biological
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`information is acquired from an information source, and the
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`corresponding measured timing data indicates a time when the biological
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`information was
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`{P64308 05998807.DOC}
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`measured at the information source including one of a biosensor held by the user or a medical
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`institution of the user;aEEEEEEEEEeee
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`wherein the securely managing the storages includes:
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`upon acquiring the biological
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`information from the biosensor via the information
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`terminal, storing the biological information into the storages in the distributed and encrypted
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`manner, wherein the information terminal transmits the biological information received from the
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`biosensorto the first server:aseesEeeee
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`reading, from the storages, the latest biological information of the user associated with
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`the identification information with corresponding measured timing data based on the
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`identification information and the permission information received from the information
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`terminal:
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`estimating, based on the biological information of the user and [[a]] the corresponding
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`measured timing data centained+n read by the first server, a cumulative intake of a specific
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`nutrient or calories taken in past one or more meals in a predetermined period: perted—wherem
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`
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`generating information indicating a degree of dietary restriction depending on a progress
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`of a disease of the user, using the cumulative intake of the specific nutrient or calories taken in
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`the past one or more meals in the predetermined period;
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`generating, based on the menu information and the information indicating the degree of
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`dietary restriction, the personalized menufor the user so as to meet the information indicating the
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`degree ofdietary restriction; and
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`{P64308 05998807.DOC}
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`transmitting the personalized menu to the information terminal
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`to display the
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`personalized menuona display of the information terminal and to allow a dish to be selected via
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`the personalized menudisplayed on the display of the information terminal.
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`2.
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`(Previously Presented) The method of providing information according to Claim 1,
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`wherein
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`when the request for the personalized menu for the user is acquired, a seat ID indicating a
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`seat of the user is acquired from the information terminal of the user, wherein the seat ID is
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`acquired via an operation screen displayed on the display of the information terminal.
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`3.
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`(Original) The method of providing information according to Claim 1, wherein
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`the personalized menu includes a dish produced by modifying a dish included in the
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`menu information so as to reduce an ingredient specified by the information indicating the
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`degree ofdietary restriction as an ingredient to be avoided by the user.
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`4.
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`(Original) The method of providing information according to Claim 3, wherein
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`the reducing of the ingredient includes removing the ingredient such that an amount of
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`the ingredient is zero.
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`5.
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`(Original) The method of providing information according to Claim 1, wherein
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`the personalized menu is generated from the menu information by excluding or graying
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`out a dish including an ingredient specified by the information indicating the degree of dietary
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`restriction as an ingredient to be avoidedby the user.
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`{P64308 05998807.DOC}
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`6.
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`(Original) The method of providing information according to Claim 1, wherein
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`the personalized menu includes a dish obtained by adding a nutrient, which tends to be
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`deficient depending on the progress of the disease of the user, to a dish included in the one or
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`more dishes.
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`7.
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`(Original) The method of providing information according to Claim 1, wherein
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`the personalized menu includes a description proposing a side dish for supplementing a
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`nutrient tending to be deficient depending on the progress of the disease of the user.
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`8.
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`(Original) The method of providing information according to Claim 1, wherein
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`the personalized menu includesa dish obtained by adding,to a dish includedin the one or
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`more dishes, an ingredient including a nutrient lacking in past one or more meals of the user in a
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`particular period.
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`9.
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`(Original) The method of providing information according to Claim 1, wherein
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`the personalized menu includes a description proposing a side dish for supplementing a
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`nutrient lacking in past one or more meals ofthe user in a particular period.
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`10.
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`(Previously Presented) The method of providing information according to Claim 1,
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`wherein
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`the information indicating the degree of dietary restriction includes information
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`indicating a maximum acceptable intake in a current mealas to the specific nutrientrelated to the
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`disease of the user, and the information indicating the maximum acceptable intake in the current
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`mealis given by a value equal to or smaller than a value obtained by subtracting the cumulative
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`{P64308 05998807.DOC}
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`intake taken in the past one or more meals in the predetermined period from a maximum
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`acceptable intake in the predetermined period, and
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`the personalized menu includes a dish obtained such that when a dish included in the one
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`or more dishes contains a greater amount of the specific nutrient than the maximum acceptable
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`intake in the current meal, the amountof the specific nutrient is reduced to be equal to or smaller
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`than the maximum acceptable intake in the current meal.
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`11.
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`(Previously Presented) The method of providing information according to Claim 1,
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`wherein
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`the information indicating the degree of dietary restriction includes information
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`indicating a target intake in a current mealasto the specific nutrient related to the disease of the
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`user, and the information indicating the target intake in the current meal is given by a value equal
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`to or greater than a value obtained by subtracting the cumulative intake taken in the past one or
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`more meals in the predetermined period from a target intake in the predetermined period, and
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`the personalized menu includes a dish obtained such that when a dish included in the one
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`or more dishes contains a smaller amount of the specific nutrient than the target intake in the
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`current meal, the amountof the specific nutrient is increased to be equal to or greater than the
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`target intake in the current meal.
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`12.
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`(Previously Presented) The method of providing information according to Claim 1,
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`wherein
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`the information indicating the degree of dietary restriction includes information
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`indicating a maximum acceptable intake of calories in a current meal depending on the disease of
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`the user, and the information indicating the maximum acceptable intake of calories in the current
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`{P64308 05998807.DOC}
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`mealis given by a value equal to or smaller than a value obtained by subtracting the cumulative
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`intake of calories taken in the past one or more meals in the predetermined period from an
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`maximum acceptable intake of calories in the predetermined period, and
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`the personalized menu includes a dish obtained such that when a dish included in the one
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`or more dishes contains a greater amount of calories than the maximum acceptable intake of
`
`calories in the current meal, the amountof calories is reduced to be equal to or smaller than the
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`maximum acceptable intake of calories in the current meal.
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`13.
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`(Previously Presented) The method of providing information according to Claim 1,
`
`wherein
`
`the information indicating the degree of dietary restriction includes information
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`indicating a maximum acceptable intake in a current meal as to the specific nutrientrelated to the
`
`disease of the user, and the information indicating the maximum acceptable intake in the current
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`mealis given by a value equal to or smaller than a value obtained by subtracting the cumulative
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`intake taken in the past one or more meals in the predetermined period from a maximum
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`acceptable intake in the predetermined period, and
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`the personalized menu is generated such that when a dish in the one or more dishes
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`includes a greater amount of the specific nutrient than the maximum acceptable intake in the
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`current meal, the dish is excluded or grayed out.
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`14.
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`(Previously Presented) The method of providing information according to Claim 1,
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`wherein
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`the information indicating the degree of dietary restriction includes
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`information
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`indicating a target intake in a current mealasto the specific nutrient related to the disease of the
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`{P64308 05998807.DOC}
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`user, and the information indicating the target intake in the current meal is given by a value equal
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`to or greater than a value obtained by subtracting the cumulative intake taken in the past one or
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`more meals in the predetermined period from a target intake in the predetermined period, and
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`the personalized menu is generated such that when a dish included in the one or more
`
`dishes contains a smaller amount of the specific nutrient than the target intake in the current
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`meal, the dish is excluded or grayed out.
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`15.
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`(Previously Presented) The method of providing information according to Claim 1,
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`wherein
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`the information indicating the degree of dietary restriction includes information
`
`indicating a maximum acceptable intake of calories in a current meal depending on the disease of
`
`the user, and the information indicating the maximum acceptable intake of calories in the current
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`mealis given by a value equal to or smaller than a value obtained by subtracting the cumulative
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`intake of calories taken in the past one or more meals in the predetermined period from an
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`maximum acceptable intake of calories in the predetermined period, and
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`the personalized menu is generated such that when a dish included in the one or more
`
`dishes contains a greater amount of calories than the maximum acceptable intake of calories in
`
`the current meal, the dish is excluded or grayed out.
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`16.
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`(Previously Presented) The method of providing information according to Claim 1,
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`wherein
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`the information indicating the degree of dietary restriction includes information
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`indicating a maximum acceptable intake in a current meal as to the specific nutrient related to the
`
`disease of the user, and the information indicating the maximum acceptable intake in the current
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`{P64308 05998807.DOC}
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`Attorney Docket No. P64308
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`mealis given by a value equal to or smaller than a value obtained by subtracting the cumulative
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`intake taken in the past one or more meals in the predetermined period from a maximum
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`acceptable intake in the predetermined period, and
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`the personalized menu includes a dish obtained such that when a dish included in the one
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`or more dishes contains a greater amount of the specific nutrient than the maximum acceptable
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`intake in the current meal, the dish is added with an ingredient containing a neutralizing nutrient
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`having an effect that intake of the neutralizing nutrient together with the specific nutrient
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`neutralizes an adverse effect of the greater amount of specific nutrient than the maximum
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`acceptable intake in the current meal.
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`17.
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`(Previously Presented) The method of providing information according to Claim 1,
`
`wherein
`
`the information indicating the degree of dietary restriction includes information
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`indicating a maximum acceptable intake in a current meal as to the specific nutrient related to the
`
`disease of the user, and the information indicating the maximum acceptable intake in the current
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`mealis given by a value equal to or smaller than a value obtained by subtracting the cumulative
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`intake taken in the past one or more meals in the predetermined period from a maximum
`
`acceptable intake in the predetermined period, and
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`the personalized menu includes a description of a combination of a dish including a
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`greater amount of the specific nutrient than the maximum acceptable intake in the current meal
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`and a dish including a neutralizing nutrient having an effect that intake of the neutralizing
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`nutrient together with the specific nutrient neutralizes an adverse effect of the greater amount of
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`the specific nutrient than the maximum acceptable intake in the current meal.
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`{P64308 05998807.DOC}
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`18.
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`(Previously Presented) The method of providing information according to Claim 1,
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`wherein
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`the information indicating the degree of dietary restriction includes information
`
`indicating a maximum acceptable intake in a current meal as to the specific nutrient related to the
`
`disease of the user, and the information indicating the maximum acceptable intake in the current
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`mealis given by a value equal to or smaller than a value obtained by subtracting the cumulative
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`intake taken in the past one or more meals in the predetermined period from a maximum
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`acceptable intake in the predetermined period, and
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`the personalized menu includes a description of a combination of dishes that provides a
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`total amount of intake equal to or smaller than the maximum acceptable intake in the current
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`meal.
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`19.
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`(Previously Presented) The method of providing information according to Claim 1,
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`wherein
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`the information indicating the degree of dietary restriction includes information
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`indicating a target intake in a current mealasto the specific nutrient related to the disease of the
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`user, and the information indicating the target intake in the current meal is given by a value equal
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`to or greater than a value obtained by subtracting the cumulative intake taken in the past one or
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`more meals in the predetermined period from a target intake in the predetermined period, and
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`the personalized menu includes a description of a combination of dishes that provides
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`intake equal to or greater than the target intake in the current meal.
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`20.
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`(Previously Presented) The method of providing information according to Claim 1,
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`wherein
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`{P64308 05998807.DOC}
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`10
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`Application No.17/467,517
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`the information indicating the degree of dietary restriction includes information
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`indicating a maximum acceptable intake of calories in a current meal depending on the disease of
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`the user, and the information indicating the maximum acceptable intake of calories in the current
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`mealis given by a value equal to or smaller than a value obtained by subtracting the cumulative
`
`intake of calories taken in the past one or more meals in the predetermined period from an
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`maximum acceptable intake of calories in the predetermined period, and
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`the personalized menu includes a description of a combination of dishes that provides a
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`total amount of calories equal to or smaller than the maximum acceptable intake of calories in
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`the current meal.
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`21.
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`(Original) The method of providing information according to Claim 1, wherein
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`the personalized menuincludesa first dish and a second dish that is displayed at a lower
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`priority than the first dish, wherein the second dish includes a greater amount of nutrient whose
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`intake is restricted due to the disease of the user than the first dish.
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`22.
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`(Original) The method of providing information according to Claim 1, wherein
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`the personalized menuincludesa first dish and a second dish that is displayed at a lower
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`priority than the first dish, wherein the second dish includes a smaller amount of nutrient whose
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`intake is recommendedforthe disease of the user than the first dish.
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`23.
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`(Original) The method of providing information according to Claim 21, wherein
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`displaying of the second dish at the lower priority than thefirst dish is executed in one of
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`manners including at least a) a manner in which an orderof displaying the second dish is lower
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`than an order of displaying the first dish, b) a manner in which a size of an area in which the
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`{P64308 05998807.DOC}
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`11
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`second dish is displayed is smaller than a size of an area in whichthefirst dish is displayed, or c)
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`a manner in which the second dish is displayed in a lower gradation level than a gradation level
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`in whichthefirst dish is displayed.
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`24.
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`(Original) The method of providing information according to Claim 1, wherein
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`the information indicating the degree of dietary restriction is updated as the disease of the
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`user progresses.
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`25.
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`(Previously Presented) The method of providing information according to Claim 1,
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`wherein
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`the information indicating the degree of dietary restriction is updated accordingtoat least
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`one of a) an acquisition of a result of a medical examination, b) an acquisition of medical record
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`information generated when a diagnosis is made, or c) an acquisition of biological information of
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`the user via the biosensor that detects the biological information of the user.
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`26.
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`(Previously Presented) The method of providing information according to Claim 1,
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`further includes
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`receiving, from the information terminal of the user, a) information indicating a dish
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`nameof a dish selected via the personalized menu, b) information indicating a price of the dish
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`selected via the personalized menu, c) information indicating a date and time when the dish
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`selected via the personalized menu is ordered, and d) information indicating a nutrient included
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`in the dish selected via the personalized menu.
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`27.
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`(Original) The method of providing information according to Claim 1, wherein
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`{P64308 05998807.DOC}
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`12
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`the identification information includes a user ID.
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`28.
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`(Original) The method of providing information according to Claim 1, wherein
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`the first server is different from the second server.
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`29.
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`(Original) The method of providing information according to Claim 2, wherein
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`the seat ID is acquired by reading, via the operation screen, an identification code
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`prepared at a corresponding position of a table where the useris seated.
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`30.
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`(Original) The method of providing information according to Claim 29, wherein
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`the identification code includes a QR code.
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`31.
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`(Original) The method of providing information according to Claim 29, wherein
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`the identification code is read using NFC (Near Field Communication).
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`32.
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`(Original) The method of providing information according to Claim 1, wherein
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`the first server manages,
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`in a distributed manner, biological
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`information, preference
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`information of the user including goods purchase history information or dish order history
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`information, and action history information including position information ofthe user.
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`33.
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`(New) The methodof providing information according to Claim 1,
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`wherein the biological
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`information is stored into the storages in the distributed and
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`encrypted manner by dividing the biological information into a plurality offiles, and storing the
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`plurality of files in the storages in the first server, and
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`{P64308 05998807.DOC}
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`13
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`the reading the latest biological information includes:
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`reading the plurality of files corresponding to the latest biological information
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`from the storages in the first server; and
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`restoring the latest biological information from the read plurality offiles.
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`34.
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`(New) The methodof providing information according to Claim 33, wherein
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`the information terminal transmits the biological information received from the biosensor
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`to the first server after receiving, from the biosensor, setting information to allow sharing of the
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`biological information with the first server, and
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`the securely managing the storages further includes:
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`each time the biological information is acquired from the medical institution, storing the
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`biological information into the storages in the distributed and encrypted manner, and notifying
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`the information terminal that the biological information has been added.
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`{P64308 05998807.DOC}
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`14
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`REMARKS
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`Upon entry of the present paper, claim 1 will have been amended. New claims 33 and 34
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`will have been submitted for the consideration by the Examiner. Thus, claims 1-34 are pending
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`in the application.
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`In view of the herein contained remarks, Applicant respectfully requests reconsideration
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`and withdrawal of the outstanding rejection set forth in the above-mentioned Official Action.
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`Such action is now believed to be appropriate and proper and is thus respectfully requested, in
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`due course.
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`Initially, Applicant would like to thank the Examiner for acknowledging consideration of
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`the documentslisted on the Form-1449 submitted with the Information Disclosure Statement on
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`May25, 2023.
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`In this regard, Applicant notes a Supplemental Information Disclosure Statementfiled
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`October 20, 2023. Applicant respectfully requests that the Examiner consider the documents
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`cited in the above noted Supplemental Information Disclosure Statement, and to confirm such
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`consideration by the return of an appropriately signed and initialed copy of the Form PTO-1449
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`attached to the above noted Supplemental Information Disclosure Statement.
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`Substance of Interview
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`Applicant wishes to make of record a telephone interview conducted between Applicant’s
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`representative and Examiner Cobanoglu, who is in charge of the present application.
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`In this
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`regard, Applicant’s representative wishes to respectfully thank Examiner Cobanoglu for her
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`courtesy and cooperation in conducting the above-noted interview on November 21, 2023.
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`Applicant’s representative also thanks Examiner Cobanoglu for issuing the Applicant-Initiated
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`{P64308 05998807.DOC}
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`15
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`Interview Summary dated November28, 2023, in which a substantially accurate summary of the
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`substance of the interview wasset forth.
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`During the above-noted interview, Applicant’s representative proposed an amendment to
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`claim 1 and discussed the rejection under 35 U.S.C. §101.
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`The Examiner indicated that the proposed amendment does not appear to overcome the
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`rejection. Further possible amendments to overcome the 35 U.S.C. §101 rejection have also
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`been discussed. The Examiner suggested some possible amendments, for which Applicant’s
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`representative thanked, and indicated that she would consider Applicant’s amendments and
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`arguments, upon receipt of a formal response. However, no agreementhas been reached.
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`The amendments submitted herewith are based on the discussion during the above-noted
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`interview. In particular, the claims have been amended based on the Examiner’s suggestion
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`during the above-noted interview. The above comprisesa record of the interview.
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`Rejection under 35 U.S.C. §101
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`In the outstanding Official Action, claims 1-32 were rejected under 35 U.S.C. §101
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`because the claimed invention is directed to a judicial exception without significantly more.
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`By the present paper, without acquiescing in the propriety of the rejection, the claims are
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`amendedbased onat least Figs. 45-48 and 51 andrelated disclosure in the specification, as well
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`as paragraphs [0376]-[0377] of Applicant’s originally filed application. Applicant respectfully
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`traverses the above noted rejection and submits that it is inappropriate, particularly in view of the
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`language of claims 1-34 in the present response.
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`Applicant respectfully submits that, even if any judicial exception (abstract idea) is
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`recited in claim 1 under Step 2A, Prong I (which Applicant does not admit), claim 1, as a whole,
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`{P64308 05998807.DOC}
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`16
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`integrates any judicial exception into a practical application of the exception under Step 2A,
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`Prong IL.
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`In particular, Applicant respectfully submits that claim 1, as a whole, improves a
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`functioning of a computer or any other technology or technical field (MPEP §2106.05(a)).
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`Claim 1 has been amendedbased onat least Fig. 45 and paragraphs [0101], [0376]-
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`[0377] and [0407]-[0408] of Applicant’s originally filed application.
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`Claim 1 generally relates to various embodiments in whichthe first server receives, from
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`the information terminal, (i) identification information of the user and(11) permission
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`information, to request for the biological information of the user. Whenthefirst server receives
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`the requestfor the biological information of the user, including (i) identification information of
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`the user together with (ii) permission information,the first server reads from the storages, the
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`latest biological information of the user associated with the identification information. Thus, the
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`biological information regarding the user is read from the storages only after the first server
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`receives the permission information together with the requestfor the biological information.
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`In
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`other words, distribution/usageof the biological information in the first server is controlled by
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`the user while the user is using the personalized menuservice, and thus, high security of the
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`personal information is ensured while allowing the user to use the service (paragraph [0018] of
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`the present application asfiled).
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`In this regard, among other features, such features, when taken as an ordered
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`combination, amount to an improvementin the technical field, by (i) allowing the user to use the
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`service to obtain a personalized menu information, and at the same time, (ii) protecting the
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`user ’s personal information by checking that permission information for accessing the biological
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`information is received each time whenthefirst server receives a request of the biological
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`information of the user for generating a personalized menu. Thus, such features, taken as an
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`ordered combination, provide a specific improvement overprior art systems (which could not
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`achieve the above-noted(1) and (11) at the same time, 1.e., which could not preventthe first server
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`from reading the user’s biological information when requested while the user is using the
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`personalized menuservice), resulting in an improved information managementsystem with
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`improved security.
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`Moreover, according to claim 1, the first server securely manages storages that store
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`biological information of a user, and the functions/operations to generate the personalized menu
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`recited in claim 1 is also installed in the first server in the network system in whichthefirst
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`server, the second server and the information terminal are connected with and communicate each
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`other.
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`Thefirst server is a special server whichis called as an information bankthat securely
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`managespersonal information stored in the storages in a concealed manner (paragraph [0101 )]).
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`Morespecifically, the first server (information bank) securely and sequentially stores the
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`biological information, by receiving the biological information from the biosensorvia the
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`information terminal, and storing in a distributed and encrypted manner([0376], [0407]-[0408]).
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`Thus, the personal information stored in the storages ofthe first server (information bank) is
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`updated as required under the control of the information bank without needing a manual
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`inputting operation by a userat the information terminal (paragraph [0101)).
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`While the biological information is collected automatically (i.e. under the control of the
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`first server without user’s input), the distribution/use of biological information is controlled by
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`the user. As noted above,the first server reads the user’s personal information from the storages
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`and provides the read personal information to the personalized menu generating application/tool
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`installed in the first server (information bank) whenthe user’s identification information is
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`received with permission information (paragraph [0377]). After the personalized menu
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`Application No.17/467,517
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`generating application/tool installed in the first server receives the biological information, the
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`first server generates and transmits the personalized menu information to the information
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`terminal.
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`By such an arrangement/distribution of the functionality within a network (i.e., secured
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`data managementat the first server (information bank) and generation of a personalized menuat
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`the first server), the personal information (biological information) is read and used only in the
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`first server when the permission information is provided. Accordingly, the user’s sensitive
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`personal information is not provided outside the first server, and thus, the leakage of the sensitive
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`personal information to the third party (such as the second server) is prevented, and thus, the
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`personal information of the useris further protected and secured (paragraph [0018]).
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`Thus, Applicant respectfully submits that the claim as a whole or in the ordered
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`combination, provides an improvement in computer-functionality, by improving security by the
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`inventive distribution of functionality within a network, similarly to Bascom GlobalInternet v.
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`AT&TMobility LLC, 827 F. 3d 1341, 1350-51 (Fed. Cir. 2016)) (MPEP 2016.05(a)(D)(ii)).
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`In Bascom, while additional elements, such as local client computer, a remote ISP server,
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`etc., are individually considered as well-known generic computer components, the system (as a
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`whole) is found eligible by the installation ofa filtering tool at a specific location (ISP server),
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`remote from the end-users.
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`Similarly, in claim 1, by securely managing the biological information in a specific
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`manner(1.e., collecting, storing and reading/distributing as specifically recited in claim 1) by the
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`first server (information bank), and theinstallation of a personalized menu generating tool in the
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`specific location, 1.e., in the first server, the security of the personal information is improved,
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`resulting in an improved information management system.
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`Accordingly, the claim as a whole integrates the judicial exception (if any) into a
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`practical application, and thus, is eligible under Prong II of Step 2A.
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`Dependent Claims
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`Similar reasonsare applied