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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/467,517
`
`09/07/2021
`
`HIROSHI YAHATA
`
`P64308
`
`8853
`
`GREENBLUM & BERNSTEIN,P.L.C.
`1950 ROLAND CLARKE PLACE
`RESTON, VA 20191
`
`COBANOGLU,DILEK B
`
`ART UNIT
`
`3686
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/12/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`gbpatent @ gbpatent.com
`greenblum.bernsteinplc @ gmail.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-34 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`CL] Claim(s)__is/are allowed.
`Claim(s) 1-34 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)( objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)7) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.1.) Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240606
`
`Application No.
`Applicant(s)
`17/467,517
`YAHATAetal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`DILEK B COBANOGLU
`3686
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 04/02/2024.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA 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.
`
`Continued Examination Under 37 CFR 1.114
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR
`
`1.17(e), was filed in this application after final rejection. Since this application is eligible for continued
`
`examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the
`
`finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's
`
`submission filed on 04/02/2024 has been entered.
`
`Claims 1-34 remain pending in this application.
`
`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 ofthis title.
`
`Claims 1-34 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial
`
`exception (i.e., a law of nature, a natural phenomenon,or an abstract idea) withoutsignificantly more.
`
`Step1:
`
`Claims 1-34 are drawn to a method which is within the four statutory categories(i.e. process).
`
`Step 2A, Prong 1:
`
`“a
`
`Claim 1 recites
`
`“...estimating, based on the latest biological information of the user and the
`
`correspondinglatest time..., a cumulative intake of a specific nutrient or calories taken in past one or more
`
`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 3
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`meals in a predetermined period; generating a degree indicator that
`
`indicates dietary restriction
`
`associated with a severity of a disease of the user based on the estimated cumulative intake of the specific
`
`nutrient or calories taken in the past one or more meals in the predetermined period; generating.,...a
`
`personalized menu for the user...that indicates dietary restriction”.
`
`These limitations correspond to certain methods of organizing human activity based on
`
`managing personal behavior or relationships or interactions between people based on determining and
`
`generating a personalized menu items for the user considering user’s dietary restriction and cumulative
`
`intake of the specific nutrient or calories taken in a predetermined period. These steps can be performed
`
`by a person considering rules or instructions on dietary restrictions and user’s cumulative food intake. The
`
`mere nominal recitation of a generic information terminal (user’s smartphone), generic servers and a
`
`generic network does nottake the claim out of the methods of organizing human interactions grouping.
`
`Thus, the claim recites an abstract idea.
`
`Dependent claims also recite an abstract idea of certain methods of organizing human activity,
`
`such as:
`
`claim 4 recites “the reducing of the ingredient includes removing the ingredient such that an
`
`amountof the ingredient is zero”,
`
`claim 5 recites “the personalized menu is generated from the menu information by excluding or
`
`graying out a dish including an ingredient specified by the information indicating the degree of dietary
`
`restriction as an ingredient to be avoided by the user”,
`
`claim 13 recites “the personalized menu is generated such that when a dish in the one or more
`
`dishes includes a greater amount of the specific nutrient than the maximum acceptable intake in the
`
`current meal, the dish is excluded or grayed out”,
`
`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 4
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`claim 14 recites “the personalized menu is generated such that when a dish included in the or
`
`more dishes contains a smaller amount of the specific nutrient than the target intake in the current meal,
`
`the dish is excluded or grayed out”,
`
`claim 15 recites “the personalized menu is generated such that when a dish included in the one
`
`or more dishes contains a greater amountof calories than the maximum acceptable intake of calories in
`
`the current meal, the dish is excluded or grayed out”,
`
`claim 16 recites “the personalized menu includes a dish obtained such that when a dish included
`
`in the one or more dishes contains a greater amountof the specific nutrient than the maximum acceptable
`
`intake in the current meal, the dish is added with an ingredient containing a neutralizing nutrient having
`
`an effect that intake of the neutralizing nutrient together with the specific nutrient neutralizes an adverse
`
`effect of the greater amountof specific nutrient than the maximum acceptable intake”.
`
`These claim limitations also correspond to an abstract idea of certain methods of organizing
`
`human activity (managing interactions between people for determining and generating a personalized
`
`menu for the user.
`
`Claims 2, 6-12, 17-34 are ultimately dependent from Claim 1 and include all the limitations of
`
`Claim 1. Therefore, claims 2, 6-12, 17-34 recite the same abstract idea. Claims 2, 6-12, 17-34 describe a
`
`further limitation regarding the basis for generating a personalized menu for a user. These are all just
`
`further describing the abstract idea recited in claim 1, without adding significantly more.
`
`Step 2A, Prong 2:
`
`This judicial exception is not integrated into a practical application. In particular, the claims recite
`
`the additional elements of “a_cyber-physical infrastructure comprising a health management system
`
`wy a
`communicating, via a network, withafirst server...”, “first and second servers”,“the second server storing
`
`menu _information...”, “an informational
`
`terminal (such as a smartphone owned by the user)”, “a
`
`network”, “transmitting, at the first server to the second server via the network, request for the menu
`
`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
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`Page 5
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`information stored at the second server based on a request for a dynamic personalized menu for the user
`
`originating at the information terminal of the user from the user acquiring a restaurantidentification (ID)”,
`
`“wherein the second server tags each of the one or more dishes with a hypertext markup language (HTML)
`
`?
`
`
`tag”, “receiving at the first server from the information terminal via the network, the identification
`
`information stored in the information terminal based upon user access authorization and a request for
`
`latest biological
`
`information of the user_comprising the dietary information”, “acquiring the menu
`
`woo
`information comprising the HTML tag for each of the one or more dishes from the second server”,
`
`“prior
`
`tothe receiving, the first server securely managing the biological information by sequentially fragmenting
`
`the biological information based on time series association between time when thebiological information
`
`ismeasured and the identification information_of_the user, encrypting the fragments, storing the
`
`encrypted fragments across distributed_storage devices and decrypting a fragment with requested
`
`biological information from the stored encrypted fragments”, “wherein the biological information is
`
`acquired from an information source and is measured at the information source by either a biosensor
`
`associated with the information terminal or by a medical institution of the user”, “wherein the first server
`
`securely managesthe biological information by: fragrnenting the biological information acquired from the
`
`biosensor via the information terminal_into fragments of the biological
`
`information, encrypting the
`
`fragments, storing the encrypted fragments across distributed storage devices, and decrypting a fragment
`
`with the requested biological information from the stored encrypted fragments; wherein the biological
`
`information received from the biosensor is transmitted from the information terminal to the first server
`
`for the fragmenting, the encrypting, and the storing of the biological information across distributed
`
`storage devices; decrypting, by the first server, a fragment comprising the requested latest biological
`
`information as measured at_a corresponding latest time, the latest biological information of the user
`
`wy a
`associated with the identification information”, “estimating, based on the latest biological information of
`
`the user and the corresponding latest time by the first server, a cumulative intake of a specific nutrient or
`
`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 6
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`calories taken in past one or more meals in a predetermined period; generating a degree indicator that
`
`indicates dietary restriction_associated with a severity of a disease of the user, based on the estimated
`
`cumulative intake of the specific nutrient or calories taken in the past one or more meals in the
`
`yo
`predetermined period;”,
`
`“generating, by the first server, the dynamic personalized menu for the user
`
`derived by matching the one or more dishes of the menu information from the second server with the
`
`degree indicator that indicates dietary restriction generated from the latest biological information at the
`
`first server resulting in the dynamic personalized menu correlating with the degree indicator that indicates
`
`dietary restriction; and transmitting the dynamic personalized menu to the information terminal
`
`displaying the dynamic personalized menu on a display of the information terminal enabling a selection
`
`ofadish via the dynamic personalized menu displayed on the display of the information terminal.”,
`
`“reading the plurality of files corresponding to the latest biological information from the storages in the
`
`first server; and restoring the latest biological information from the read plurality of files”, “storing the
`
`biological information into the storages in the distributed and encrypted manner, and notifying the
`
`information terminal that the biological information has been added”.
`
`These additional elements correspond to hardware and software elements, these limitations
`
`are not enoughto qualify as “practical application” being recited in the claims along with the abstract idea
`
`since these elements are merely invoked asa 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)).
`
`This judicial exception is not integrated into a practical application.
`
`In particular, the servers,
`
`information terminal (personal mobile device) and the networkare recited at a high-level of generality
`
`(i.e., as performing generic computer functions of acquiring data, generating information based on user
`
`

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`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 7
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`data (providing information on degree of dietary restrictions and a personalized menu based on the user
`
`data) such that it amounts no more than mereinstructions to apply the exception using generic computer
`
`components.
`
`The current specification recites:
`
`“..This dish ordering system includes a store terminal 1100 and a mobile terminal 1200. The store
`
`terminal 1100 and the mobile terminal 1200 are installed in a store of a restaurant 1000. The store
`
`terminal 1100 is a computer that transmits menu information. The store terminal 1100 includes a
`
`communication unit for communicating with an external apparatus, a computational processing unit for
`
`performing a computational process, amemoryfor storing data, and a UI unit for displaying and operating
`
`information...” in par. 97,
`
`“\.The mobile terminal 1200 is a mobile terminal such as a smartphone owned by a user who
`
`visits the store 1000...” in par. 98,
`
`“This information processing system mainly includes three apparatus groups. [0104] A first
`
`apparatus group includes an information terminal 100 such as a smartphone ownedbya user...” in par.
`
`103-104,
`
`“..The second apparatus group includes a first server 200. The first server 200 is a personal
`
`information server that stores personal information related to a user such that the personal information
`
`is decrypted and distributed at a plurality of locations...” in par. 105,
`
`“..The third apparatus group is a group including a second server 300 by which each company
`
`manages data specific to the company...” in par. 112,
`
`“The camera 103 is an image capturing apparatus including a CMOS sensor and/or the like. The
`
`camera 103 is used to capture a QR code or the like attached to a seat in a store of a restaurant.” In par.
`
`135,
`
`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 8
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`“The computational processing unit 104 is realized using a processor such as a CPU. The
`
`computational processing unit 104 executes, on the information terminal 100, the OS, the above-
`
`described matching application, the QR code reader, the browser, and the like.” In par. 136,
`
`“..The biosensor 600 is a sensor for acquiring biological information. The biological information
`
`acquired includes information about, for example, a heart rate, a blood pressure, a blood oxygen
`
`concentration, a blood sugar (glucose) level, HbAlc, breathing, a body temperature, an amount of water,
`
`calorie intake, an acceleration, the number of steps, activity/calory consumption, smell, myoelectricity,
`
`brain waves, a sleeping state, bioimpedance, and a urine salt concentration. Biosensors capable of sensing
`
`these pieces of biological information have already been putinto practical use...” in par. 121.
`
`Therefore, the devices (apparatuseslisted above) recited in the claims are described in the current
`
`specification as generic devices. The claims recite mere instructions to apply the exception using generic
`
`computer components.
`
`Accordingly,
`
`these additional elements do not
`
`integrate the abstract
`
`idea into a practical
`
`application because it does not impose any meaningful limits on practicing the abstract idea. The claims
`
`are directed to an abstract idea.
`
`Step 2B:
`
`The claim doesnotinclude additional elements that are sufficient to amountto 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 an information terminal (personal mobile device) to
`
`perform estimating cumulative intake of a specific nutrient/calories taken and generating (organizing) a
`
`personalized menu based on the received user information/restaurant menu information steps amount
`
`to no more than mereinstructions to apply the exception using a generic computer components. Mere
`
`instructions to apply an exception using a generic computer component cannot provide an inventive
`
`concept.
`
`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`The current specification recites:
`
`Page 9
`
`“{0103] Fig. 2 is a diagram showing an example of an overall view of an information infrastructure
`
`of the information processing system according to the present embodiment. The information processing
`
`system shownin Fig. 2 is a system usable in Society 5.0, in which productsor services suitable for a general
`
`consumer user are proposed based on personal information thereby providing a service of supporting the
`
`user to select a product or service. Before describing this selection support service that supports ordering
`
`of a dish according to the embodiment, an overview of an information infrastructure for realizing this
`
`embodimentis described with reference to Fig. 2. This information processing system mainly includes
`
`three apparatus groups. [0104] A first apparatus group includes an information terminal 100 such as a
`
`smartphone owned by a user. A matching application is installed in the information terminal 100. The
`
`matching application is an application for selecting or recommending a productor service suitable for a
`
`user based on the user's personal information. ...[0105] The second apparatus group includesa first server
`
`200. The first server 200 is a personal information server that stores personal information related to a
`
`user such that the personal information is decrypted and distributed at a plurality of locations...,
`
`[0112]
`
`The third apparatus group is a group including a second server 300 by which each company managesdata
`
`specific to the company...., and [0092] It is expected that the Internet will continue to spread in our society
`
`and various sensors will be used in our lives. As a result, it is expected that in our future society, it will be
`
`capable ofdigitizing information on conditions and activities of individuals, as well as information on the
`
`entire city, including buildings and transportation networks, and it becomes possible to use such digitized
`
`information in computer systems. Digitized personal data (personal information) is accumulated in the
`
`cloud via a communication network, managed by an information bank as big data, and used for various
`
`purposesfor individuals. [0093] Such an advanced information society is called Society 5.0 in Japan...”.
`
`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 10
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`Therefore, the first and second servers, the information terminal of the user and the network
`
`used in this application correspond to generic computing devices and mere instructions to apply an
`
`exception using a generic computer component cannotprovide an inventive concept.
`
`Claim 1 has been amended to recite:
`
`“transmitting, at the first server to the second server via the network, a requestforthe menu
`
`information stored at the second server based on a request for a dynamic personalized menu for the user
`
`originating at the information terminal of the user from the user acquiring a restaurant identification (ID)
`
`wherein the second server tags each of the one or more dishes with a hypertext markup language
`
`(HTML) tag;
`
`
`
`receiving, at the first server from the information terminal via the network, the identification
`
`information stored in the information terminal based upon user access authorization and a request for
`
`latestbiological information of the user comprising the dietary information;
`
`acquiring the menu information comprising the HTMIL tag for each of the one or more dishes
`
`from the second server...
`
`generating, by the first server, the dynamic personalized menu for the user derived by matching
`
`the one or more dishes of the menu information from the second server with the degree indicator that
`
`indicates dietary restriction generated from the latest biological information at the first server resulting
`
`inthe dynamic personalized menu correlating with the degree indicator that indicates dietary restriction;
`
`and transmitting the dynamic personalized menu to the information terminal displaying the dynamic
`
`personalized menu on a display of the information terminal enabling a selection of a dish via the dynamic
`
`personalized menu displayed on the display of the information terminal.”
`
`These features correspond to a well-understood, routine and conventional activity in the field
`
`as evidenced by Rodriguez (US 2015/0199777A1). In particular, Rodriguez teaches:
`
`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 11
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`“..The server is a computing device that includes a database 18 that stores a restaurant menu
`
`20. In an example of such a database, the database may be a system to managethe storage of electronic
`
`files such as an OracleTM or a MySQLTM database. In certain embodiments the restaurant menu stored
`
`in the database maybe an electronic file Such as an HTML file which is suitable for display on a
`
`computer. In certain other embodiments the database maystore multiple files or objects which can be
`
`assembled to generate an electronic version of a restaurant menu. The restaurant menu 20includes a
`
`set of menu items 22a-22d each of which has a respective associated image 22a-22d. The serveralso
`
`includes a processor 24 configured to receive information (e.g., meta-data Such as a rating) which may
`
`be associated with a menu item of the set of menu items 22a-22d.” in [0023],
`
`“the server is configured to generate a personalized menu based on the user specific meal
`
`profile received from the mobile electronic device and the restaurant menu. The mobile electronic
`
`device is also configured to receive the personalized menu and display the personalized menu on the
`
`user interface.” in [0027].
`
`Claim 1 also has been amended to recite:
`
`“\.prior_ to the receiving, the first server securely managing the biological
`
`information by
`
`sequentially fragmenting the biological information based on time series association between time when
`
`the biological information is measured and the identification information of the user, encrypting the
`
`fragments, storing the encrypted fragments across distributed storage devices, and decrypting a fragment
`
`with requested biological information from the stored encrypted fragments,
`
`wherein the biological information is acquired from an information source and is measured at the
`
`information source by either a biosensor associated with the information terminal or by a medical
`
`institution of the user;
`
`wherein the first server securely manages the biological information by:
`
`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 12
`
`fragmenting the biological information acquired from the biosensor via the information terminal
`
`into fragments of the biological information, encrypting the fragments, storing the encrypted fragments
`
`across distributed storage devices, and decrypting a fragment with the requested biological information
`
`from the stored encrypted fragments;
`
`wherein the biological
`
`information received from the biosensor
`
`is
`
`transmitted from the
`
`information terminal to the first server for the fragmenting, the encrypting, and the storing of the
`
`biological information across distributed storage devices;
`
`decrypting, by the first server, a fragrnent comprising the requested latest biological information
`
`as measured at a corresponding latest time, the latest biological information of the user associated with
`
`the identification information;...”.
`
`These features correspond to well-understood, routine and conventional activities in the field
`
`as evidenced by Tobiasetal. (hereinafter Tobias) (US 2019 / 0280865 A1). In particular, Tobias teaches:
`
`“(a system for authenticated communications between devices is provided. The system
`
`comprises a plurality of devices comprising at least a first and second device; and one or more
`
`communication pathways configured to communicatively couple the first and second devices for data
`
`streaming of a data object. The first device comprises a memory coupled to at least one processor , the
`
`first device configured to : generate a plurality of datasets corresponding to a plurality of data fragments
`
`constituting the data object , each dataset comprising encryption keys used to encrypt the
`
`corresponding data fragments , encrypt a first dataset of the plurality of datasets using a first dataset
`
`key derived based, in part, onafirst encryption algorithm , and determine a second dataset key based ,
`
`in part , on at least one of the first encryption algorithm and second encryption algorithm.” in [0020],
`
`“secure storage of a data object upon capture through disassembling, fragmenting, encrypting,
`
`and distributing of a data stream of the data object...” in [0059],
`
`

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`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 13
`
`“\., a client endpoint device may have encrypted and stored a data object in accordance with
`
`process 1100 above, and a second device may requestthis data object. In some embodiments, the
`
`second device may be a remote second client endpoint device similar to device 110. In some
`
`embodiments, client endpoint device may be an intermediate endpoint between a data capturing device
`
`and the requesting device. In various embodiments, the requesting device may be responsible for
`
`decrypting manifests and fragments and re - assembling the data object....” in [0112].
`
`Additionally, the additional element of transmitting and receiving information to and from a user
`
`device amountsto insignificant extra-solution activity.
`
`Therefore, claims 1-34 are nonetheless rejected under 35 U.S.C. 101 as being directed to non-
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`statutory subject matter.
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`Response to Arguments
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`Applicant's argumentsfiled 04/02/2024 have been fully considered but they are not persuasive.
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`Applicant’s arguments will be addressed below in the order in which they appear.
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`Applicant argues that claims have been amendedtoinclude additional details related to the
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`secure managementof the private user data, wherein the private user data remains fragmented,
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`encrypted and stored across distributed storage devices, wherein just the fragment with the private user
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`data being requested would be accessed for decryption and utilized in generating the dynamic menu
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`arrangement. Applicant argues that the amended claim features and previous claim features enable an
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`integration into a practical application, since the claim features recite a technological improvement
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`because the claim features describe improvement related to secure managementof private user data by
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`fragmenting and encrypting the private user data that is stored until a request is made by the user
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`identifier.
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`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 14
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`In response, Examiner submits that “a dynamic menu generation”is a well-understood, routine
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`and conventional activity in the field as evidenced by Rodriguez (US 2015/0199777 A1). In particular,
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`Rodriguez teaches:
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`“\.the server is configured to generate a personalized menu based on the user specific meal
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`profile received from the mobile electronic device and the restaurant menu. The mobile electronic
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`device is also configured to receive the personalized menu and display the personalized menu on the
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`user interface.” in [0027].
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`Examiner also submits that claim features of “secure managementofprivate user data
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`(fragmenting the data, encrypting, storing data in distributed storage device, decrypting a fragment with
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`biological information based on a user access authorization)” correspond to well-understood, routine
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`and conventional activities in the field as well, as evidenced by Tobias. In particular, Tobias teaches:
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`“(a system for authenticated communications between devices is provided. The system
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`comprises a plurality of devices comprising at least a first and second device; and one or more
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`communication pathways configured to communicatively couple the first and second devices for data
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`streaming of a data object. The first device comprises a memory coupled to at least one processor , the
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`first device configured to : generate a plurality of datasets corresponding to a plurality of data fragments
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`constituting the data object , each dataset comprising encryption keys used to encrypt the
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`corresponding data fragments , encrypt a first dataset of the plurality of datasets using a first dataset
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`key derived based, in part, onafirst encryption algorithm , and determine a second dataset key based ,
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`in part , on at least one of the first encryption algorithm and second encryption algorithm.” in [0020],
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`“secure storage of a data object upon capture through disassembling, fragmenting, encrypting,
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`and distributing of a data stream of the data object...” in [0059],
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`“\., a client endpoint device may have encrypted and stored a data object in accordance with
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`process 1100 above, and a second device may requestthis data object. In some embodiments, the
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`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 15
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`second device may be a remote second client endpoint device similar to device 110. In some
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`embodiments, client endpoint device may be an intermediate endpoint between a data capturing device
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`and the requesting device. In various embodiments, the requesting device may be responsible for
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`decrypting manifests and fragments and re - assembling the data object....” in [0112] (see the rejection
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`above).
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`Therefore, the arguments are not persuasive and claims are rejected under 35 U.S.C. §101 as
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`being directed to non-statutory