Attorney Docket No. P64308
`
`Application No.17/467,517
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Inventors :
`
`Hiroshi YAHATAetal.
`
`Conf. No.:
`
`8853
`
`Appl. No.
`
`Filed
`
`:
`
`:
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` 17/467,517
`
`Examiner: Dilek B. Cobanoglu
`
`September 7, 2021
`
`Group Art Unit: 3626
`
`For
`
`: METHOD OF PROVIDING INFORMATION
`
`SUBMISSION UNDER37 C.F.R. § 1.114 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
`
`Sir :
`
`This paper is in response to the outstanding Final Official Action of May 10, 2023, in
`
`which a three-month shortened statutory period for response was set to expire on August 10,
`
`2023. This Submission is concurrently filed with a Request for Continued Examination (RCE).
`
`If any additional fee is necessary, this is an express authorization to charge any other fees that
`
`may be required to preserve the pendency of the present application to Deposit Account No. 19-
`
`0089.
`
`Amendments to the Claims begin on page 2 of this paper.
`
`Remarksbegin on page 14 ofthis paper.
`
`{P64308 05818987.doc}
`
`
`
`Application No.17/467,517
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Inventors :
`
`Hiroshi YAHATAetal.
`
`Conf. No.:
`
`8853
`
`Appl. No.
`
`Filed
`
`:
`
`:
`
` 17/467,517
`
`Examiner: Dilek B. Cobanoglu
`
`September 7, 2021
`
`Group Art Unit: 3626
`
`For
`
`: METHOD OF PROVIDING INFORMATION
`
`SUBMISSION UNDER37 C.F.R. § 1.114 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
`
`Sir :
`
`This paper is in response to the outstanding Final Official Action of May 10, 2023, in
`
`which a three-month shortened statutory period for response was set to expire on August 10,
`
`2023. This Submission is concurrently filed with a Request for Continued Examination (RCE).
`
`If any additional fee is necessary, this is an express authorization to charge any other fees that
`
`may be required to preserve the pendency of the present application to Deposit Account No. 19-
`
`0089.
`
`Amendments to the Claims begin on page 2 of this paper.
`
`Remarksbegin on page 14 ofthis paper.
`
`{P64308 05818987.doc}
`
`
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`Attorney Docket No. P64308
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`Application No.17/467,517
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`AMENDMENTS TO THE CLAIMS
`
`The claims in this listing will replace all prior versions, andlistings, of claims in the
`
`application.
`
`Listing of Claims
`
`1.
`
`(Currently Amended) A method of providing information in a health management
`
`system that includes a first server which managesbiological information of a user in association
`
`with identification information identifying the user and that communicates with a second server
`
`that stores menu information indicating one or more dishes corresponding to a restaurant, the
`
`method comprising:
`
`outputting a request of acquisition of the menu information to the second server based on
`
`a request for a personalized menu for the user acquired from an information terminal of the user
`
`via a network;
`
`acquiring the identification information stored in the information terminal from the
`
`information terminal via a network;
`
`acquiring the menu information from the second server;
`
`
`
`estimating, generatine; based on the biological information of the user anda
`
`corresponding measured timing data contained in the first server, a cumulative intake of a
`
`specific nutrient or calories taken in past one or more meals in a predetermined period, wherein
`
`the first server contains the biological information of the user acquired from an information
`
`
`———Eee_—SeeESes—
`source including one of a biosensor held by the user or a medical institution of the user, wherein
`
`the corresponding measured timing data indicates a time when the biological information was
`
`measuredat the information source;
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`{P64308 05818987.doc}
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`Attorney Docket No. P64308
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`Application No.17/467,517
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`generating information indicating a degree of dietary restriction depending on a progress
`
`of a disease of the user, using the cumulative intake of the specific nutrient or calories taken in
`
`the past one or more meals in the predetermined period;
`
`generating, based on the menu information and the information indicating the degree of
`
`dietary restriction, the personalized menufor the user so as to meet the information indicating the
`
`degree ofdietary restriction; and
`
`transmitting the personalized menu to the information terminal
`
`to display the
`
`personalized menu on a display of the information terminal and to allow a dish to be selected via
`
`the personalized menu displayed on the display of the information terminal.
`
`terminal—the
`
`
`
`2.
`
`(Previously Presented) The method of providing information according to Claim 1,
`
`wherein
`
`when the request for the personalized menu for the user is acquired, a seat ID indicating a
`
`seat of the user is acquired from the information terminal of the user, wherein the seat ID is
`
`acquired via an operation screen displayed on the display of the information terminal.
`
`3.
`
`(Original) The method of providing information according to Claim 1, wherein
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`{P64308 05818987.doc}
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`Attorney Docket No. P64308
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`Application No.17/467,517
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`the personalized menu includes a dish produced by modifying a dish included in the
`
`menu information so as to reduce an ingredient specified by the information indicating the
`
`degree ofdietary restriction as an ingredient to be avoided by the user.
`
`4.
`
`(Original) The method of providing information according to Claim 3, wherein
`
`the reducing of the ingredient includes removing the ingredient such that an amount of
`
`the ingredient is zero.
`
`5.
`
`(Original) The method of providing information according to Claim 1, wherein
`
`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 avoidedby the user.
`
`6.
`
`(Original) The method of providing information according to Claim 1, wherein
`
`the personalized menu includes a dish obtained by adding a nutrient, which tends to be
`
`deficient depending on the progress of the disease of the user, to a dish included in the one or
`
`more dishes.
`
`7.
`
`(Original) The method of providing information according to Claim 1, wherein
`
`the personalized menu includes a description proposing a side dish for supplementing a
`
`nutrient tending to be deficient depending on the progress of the disease of the user.
`
`8.
`
`(Original) The method of providing information according to Claim 1, wherein
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`{P64308 05818987.doc}
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`Attorney Docket No. P64308
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`Application No.17/467,517
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`the personalized menu includesa dish obtained by adding,to a dish includedin the one or
`
`more dishes, an ingredient including a nutrient lacking in past one or more meals of the user in a
`
`particular period.
`
`9.
`
`(Original) The method of providing information according to Claim 1, wherein
`
`the personalized menu includes a description proposing a side dish for supplementing a
`
`nutrient lacking in past one or more meals ofthe user in a particular period.
`
`10.
`
`(Previously Presented) The method of providing information according to Claim 1,
`
`wherein
`
`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
`
`mealis given by a value equal to or smaller than a value obtained by subtracting the cumulative
`
`intake taken in the past one or more meals in the predetermined period from a maximum
`
`acceptable intake in the predetermined period, and
`
`the personalized menu includesa dish obtained such that when a dish included in the one
`
`or more dishes contains a greater amount of the specific nutrient than the maximum acceptable
`
`intake in the current meal, the amountof the specific nutrient is reduced to be equal to or smaller
`
`than the maximum acceptable intake in the current meal.
`
`11.
`
`(Previously Presented) The method of providing information according to Claim 1,
`
`wherein
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`{P64308 05818987.doc}
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`
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`Attorney Docket No. P64308
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`Application No.17/467,517
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`the information indicating the degree of dietary restriction includes information
`
`indicating a target intake in a current mealasto the specific nutrient related to the disease of the
`
`user, and the information indicating the target intake in the current meal is given by a value equal
`
`to or greater than a value obtained by subtracting the cumulative intake taken in the past one or
`
`more meals in the predetermined period from a target intake in the predetermined period, and
`
`the personalized menu includesa dish obtained 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 meal, the amount of the specific nutrient is increased to be equal to or greater than the
`
`target intake in the current meal.
`
`12.
`
`(Previously Presented) The method of providing information according to Claim 1,
`
`wherein
`
`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
`
`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
`
`maximum acceptable intake of calories in the predetermined period, and
`
`the personalized menu includesa dish obtained 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 amountof calories is reduced to be equal to or smaller than the
`
`maximum acceptable intake of calories in the current meal.
`
`{P64308 05818987.doc}
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`Attorney Docket No. P64308
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`Application No.17/467,517
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`13.
`
`(Previously Presented) The method of providing information according to Claim 1,
`
`wherein
`
`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
`
`mealis given by a value equal to or smaller than a value obtained by subtracting the cumulative
`
`intake taken in the past one or more meals in the predetermined period from a maximum
`
`acceptable intake in the predetermined period, and
`
`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.
`
`14.
`
`(Previously Presented) The method of providing information according to Claim 1,
`
`wherein
`
`the information indicating the degree of dietary restriction includes information
`
`indicating a target intake in a current mealasto the specific nutrient related to the disease of the
`
`user, and the information indicating the target intake in the current mealis given by a value equal
`
`to or greater than a value obtained by subtracting the cumulative intake taken in the past one or
`
`more meals in the predetermined period from a target intake in the predetermined period, and
`
`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
`
`meal, the dish is excluded or grayed out.
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`{P64308 05818987.doc}
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`Attorney Docket No. P64308
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`Application No.17/467,517
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`15.
`
`(Previously Presented) The method of providing information according to Claim 1,
`
`wherein
`
`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
`
`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
`
`maximum acceptable intake of calories in the predetermined period, and
`
`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.
`
`16.
`
`(Previously Presented) The method of providing information according to Claim 1,
`
`wherein
`
`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
`
`mealis given by a value equal to or smaller than a value obtained by subtracting the cumulative
`
`intake taken in the past one or more meals in the predetermined period from a maximum
`
`acceptable intake in the predetermined period, and
`
`the personalized menu includesa dish obtained such that when a dish included in the one
`
`or more dishes contains a greater amount of the specific nutrient than the maximum acceptable
`
`intake in the current meal, the dish is added with an ingredient containing a neutralizing nutrient
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`{P64308 05818987.doc}
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`Attorney Docket No. P64308
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`having an effect that intake of the neutralizing nutrient together with the specific nutrient
`
`neutralizes an adverse effect of the greater amount of specific nutrient than the maximum
`
`acceptable intake in the current meal.
`
`17.
`
`(Previously Presented) The method of providing information according to Claim 1,
`
`wherein
`
`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
`
`mealis given by a value equal to or smaller than a value obtained by subtracting the cumulative
`
`intake taken in the past one or more meals in the predetermined period from a maximum
`
`acceptable intake in the predetermined period, and
`
`the personalized menu includes a description of a combination of a dish including a
`
`greater amount of the specific nutrient than the maximum acceptable intake in the current meal
`
`and a dish including a neutralizing nutrient having an effect that intake of the neutralizing
`
`nutrient together with the specific nutrient neutralizes an adverse effect of the greater amount of
`
`the specific nutrient than the maximum acceptable intake in the current meal.
`
`18.
`
`(Previously Presented) The method of providing information according to Claim 1,
`
`wherein
`
`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
`
`{P64308 05818987.doc}
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`
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`Attorney Docket No. P64308
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`Application No.17/467,517
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`mealis given by a value equal to or smaller than a value obtained by subtracting the cumulative
`
`intake taken in the past one or more meals in the predetermined period from a maximum
`
`acceptable intake in the predetermined period, and
`
`the personalized menu includes a description of a combination of dishes that provides a
`
`total amount of intake equal to or smaller than the maximum acceptable intake in the current
`
`meal.
`
`19.
`
`(Previously Presented) The method of providing information according to Claim 1,
`
`wherein
`
`the information indicating the degree of dietary restriction includes information
`
`indicating a target intake in a current mealasto the specific nutrient related to the disease of the
`
`user, and the information indicating the target intake in the current meal is given by a value equal
`
`to or greater than a value obtained by subtracting the cumulative intake taken in the past one or
`
`more meals in the predetermined period from a target intake in the predetermined period, and
`
`the personalized menu includes a description of a combination of dishes that provides
`
`intake equal to or greater than the target intake in the current meal.
`
`20.
`
`(Previously Presented) The method of providing information according to Claim 1,
`
`wherein
`
`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
`
`mealis given by a value equal to or smaller than a value obtained by subtracting the cumulative
`
`{P64308 05818987.doc}
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`10
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`Attorney Docket No. P64308
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`Application No.17/467,517
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`intake of calories taken in the past one or more meals in the predetermined period from an
`
`maximum acceptable intake of calories in the predetermined period, and
`
`the personalized menu includes a description of a combination of dishes that provides a
`
`total amount of calories equal to or smaller than the maximum acceptable intake of calories in
`
`the current meal.
`
`21.
`
`(Original) The method of providing information according to Claim 1, wherein
`
`the personalized menuincludesa first dish and a second dish that is displayed at a lower
`
`priority than the first dish, wherein the second dish includes a greater amount of nutrient whose
`
`intake is restricted due to the disease of the user than the first dish.
`
`22.
`
`(Original) The method of providing information according to Claim 1, wherein
`
`the personalized menuincludesa first dish and a second dish that is displayed at a lower
`
`priority than the first dish, wherein the second dish includes a smaller amount of nutrient whose
`
`intake is recommendedforthe disease of the user than the first dish.
`
`23.
`
`(Original) The method of providing information according to Claim 21, wherein
`
`displaying of the second dish at the lowerpriority than the first dish is executed in one of
`
`manners including at least a) a manner in which an orderof displaying the second dish is lower
`
`than an order of displaying the first dish, b) a manner in which a size of an area in which the
`
`second dish is displayed is smaller than a size of an area in whichthefirst dish is displayed, or c)
`
`a manner in which the second dish is displayed in a lower gradation level than a gradation level
`
`in whichthefirst dish is displayed.
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`{P64308 05818987.doc}
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`11
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`Application No.17/467,517
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`24.
`
`(Original) The method of providing information according to Claim 1, wherein
`
`the information indicating the degree of dietary restriction is updated as the disease of the
`
`user progresses.
`
`25.
`
`(Previously Presented) The method of providing information according to Claim 1,
`
`wherein
`
`the information indicating the degree of dietary restriction is updated accordingtoatleast
`
`one of a) an acquisition of a result of a medical examination, b) an acquisition of medical record
`
`information generated when a diagnosis is made, or c) an acquisition of biological information of
`
`the user via the biosensor that detects the biological information of the user.
`
`26.
`
`(Previously Presented) The method of providing information according to Claim 1,
`
`further includes
`
`receiving, from the information terminal of the user, a) information indicating a dish
`
`name ofa dish selected via the personalized menu, b) information indicating a price of the dish
`
`selected via the personalized menu, c) information indicating a date and time when the dish
`
`selected via the personalized menu is ordered, and d) information indicating a nutrient included
`
`in the dish selected via the personalized menu.
`
`27.
`
`(Original) The method of providing information according to Claim 1, wherein
`
`the identification information includes a user ID.
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`{P64308 05818987.doc}
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`12
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`Application No.17/467,517
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`28.
`
`(Original) The method of providing information according to Claim 1, wherein
`
`the first server is different from the second server.
`
`29.
`
`(Original) The method of providing information according to Claim 2, wherein
`
`the seat ID is acquired by reading, via the operation screen, an identification code
`
`prepared at a corresponding position of a table where the useris seated.
`
`30.
`
`(Original) The method of providing information according to Claim 29, wherein
`
`the identification code includes a QR code.
`
`31.
`
`(Original) The method of providing information according to Claim 29, wherein
`
`the identification code is read using NFC (Near Field Communication).
`
`32.
`
`(Original) The method of providing information according to Claim 1, wherein
`
`the first server manages,
`
`in a distributed manner, biological
`
`information, preference
`
`information of the user including goods purchase history information or dish order history
`
`information, and action history information including position information ofthe user.
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`{P64308 05818987.doc}
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`13
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`Attorney Docket No. P64308
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`Application No.17/467,517
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`REMARKS
`
`Uponentry of the present paper, claim 1 will have been amended. Thus, claims 1-32
`
`remain pending in the application.
`
`In view of the herein contained remarks, Applicant respectfully requests reconsideration
`
`and withdrawal of the outstanding rejections set forth in the above-mentioned Official Action.
`
`Such action is now believed to be appropriate and proper and is thus respectfully requested, in
`
`due course.
`
`Initially, Applicant would like to thank the Examiner for acknowledging consideration of
`
`the documentslisted on the Form-1449 and Form PTO/SB/08a submitted with the Information
`
`Disclosure Statement on April 14, 2023 and April 27, 2023.
`
`In this regard, Applicant notes a Supplemental Information Disclosure Statementfiled
`
`May 25, 2023. Applicant respectfully requests that the Examiner consider the documents cited
`
`in the above noted Supplemental Information Disclosure Statement, and to confirm such
`
`consideration by the return of an appropriately signed and initialed copy of the Form PTO-1449
`
`attached to the above noted Supplemental Information Disclosure Statement.
`
`Substance of Interview
`
`Applicant wishes to make of record a telephone interview conducted between Applicant’s
`
`representative and Examiner Cobanoglu, who is in charge of the present application.
`
`In this
`
`regard, Applicant’s representative wishes to respectfully thank Examiner Cobanoglu for her
`
`courtesy and cooperation in conducting the above-noted interview on July 6, 2023. Applicant’s
`
`representative also thanks Examiner Cobanoglu for issuing the Applicant-Initiated Interview
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`{P64308 05818987.doc}
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`14
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`Summary dated July 11, 2023, in which a substantially accurate summary of the substance of the
`
`interview wassetforth.
`
`During the above-noted interview, Applicant’s representative proposed an amendment to
`
`claim 1 and discussed the 35 U.S.C. §112(b) and 35 U.S.C. §101.
`
`With respect to the 35 U.S.C. §112 rejection, the Examiner indicated that she understood
`
`that the cumulative intake of the specific nutrient can be determined by the biosensor, however,
`
`it is unclear how the cumulative intake of calories can be determined by the biosensor. Thus, the
`
`Examinerindicated further amendmentis necessary and suggested removing the “calories” or
`
`“biosensor,” or itemize the type of biosensor that can determine the cumulative intake of
`
`calories.
`
`With respect to the 35 U.S.C. §101 rejection, the Examiner indicated that the proposed
`
`amendment does not appear to overcomethe rejection.
`
`Thus, no agreement has been reached.
`
`The amendments submitted herewith are based on the discussion during the above-noted
`
`interview. The above comprises a record ofthe interview.
`
`Double Patenting Rejection
`
`In the outstanding Official Action, claims 1-32 were rejected on the ground of
`
`nonstatutory double patenting as being unpatentable over claims 1-35 of U.S. Patent Application
`
`No. 17/467,511.
`
`Without
`
`in any manner acquiescing in the propriety of the Examiner’s rejection,
`
`Applicant/Assignee has submitted, concurrently with the present response, an executed Terminal
`
`Disclaimer (eTD) to render the above-noted rejection moot. Moreover, by the filing of the
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`{P64308 05818987.doc}
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`15
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`above-noted Terminal Disclaimer, neither Applicant nor the Assignee of the present application
`
`in any mannerindicates their acquiescence in the propriety of the above noted rejection. Further,
`
`by the submission of this Terminal Disclaimer, neither Applicant nor the Assignee admitsthat, in
`
`the absence of the filing of such Terminal Disclaimer, any non-statutory double patenting
`
`rejection would be appropriate in the present application. As noted above, the concurrently filed
`
`Terminal Disclaimer is being filed only in order to obviate the above noted rejection and thus
`
`place the present application in condition for allowance in an expeditious manner.
`
`In view of the submission of the herein contained Terminal Disclaimer, Applicant
`
`respectfully requests reconsideration and withdrawal of the rejection of claims under the
`
`judicially created doctrine of obviousness-type double patenting. Such action is respectfully
`
`requested and is now believed to be appropriate.
`
`Rejection under 35 U.S.C. §112(b)
`
`In the outstanding Official Action, claims 1-32 were rejected under 35 U.S.C. §112(b) as
`
`being indefinite for failing to particularly point out and distinctly claim the subject matter which
`
`the inventor or a joint inventor regards as the invention. In particular, the Official Action
`
`asserted: the current specification does not describe how the cumulative intake of calories or
`
`cumulative intake of the specific nutrient can be determined by the biosensor; and it’s also
`
`unclear how the system determinesa degree of dietary restriction depending on a progress of a
`
`disease based on the biological information ofthe user.
`
`Applicant respectfully traverses the above-noted rejections. As noted abovein the
`
`Substance of Interview, the Examinerindicated, during the interview,that it is unclear how the
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`{P64308 05818987.doc}
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`16
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`cumulative intake of calories (not the cumulative intake of a specific nutrient) can be determined
`
`by the biosensor.
`
`However, as disclosed in paragraphs [0121]-[0122] of the specification as filed, various
`
`biosensors capable of sensing pieces of biological information have already been put into
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`practical use, and the calorie intake and calorie consumption can be estimated from values
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`detected by a plurality of different sensors, for example, the acceleration acquired by the
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`acceleration sensor, the heart rate acquired by the heart rate sensor, and the blood sugarlevel
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`acquired by the blood sugar level sensor. Further, paragraphs [0253] and [0286] disclose calorie
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`intake may be measured using a bioimpedance sensor and/or a blood sugar level sensor. Thus,
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`Applicant submits that, at the time of the present invention, biosensors that can measure the
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`values from which the intake calories can be estimated are known,and the intake calories can be
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`obtained or estimated from the sensor values using a known method. Thus, Applicant
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`respectfully submits that when the claim is read in light of the specification, those skilled in the
`
`art would understand howtheintake calories can be obtained/estimated using biosensor(s).
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`Further, the intake calories estimated from the data acquired from the biosensor 600 or a
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`combination of the acquired data is sequentially uploaded as biological informationto the first
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`server 200 and accumulated therein in associated with the measurementtime ofthe biological
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`information (paragraphs [0127]-[0128]). Based on such accumulated data (e.g., intake calories
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`and the measured times), the cumulative intake calories can be determined, for example, by
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`integrating the amount of biological information (intake calories) in a certain period (See, Fig.
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`23).
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`{P64308 05818987.doc}
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`17
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`Attorney Docket No. P64308
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`Application No.17/467,517
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`Applicant further submits that Figs. 23 and 24 and paragraphs [0253]-[0263], and Fig. 37
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`and paragraphs [0347]-[0361] disclose how the system determines a degree of dietary restriction
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`depending on a progress of a disease based on the biological information ofthe user.
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`Thus, Applicant respectfully submits that, when the claim is read in light ofat least the
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`above-noted paragraphsin the specification, those skilled in the art would understand whatis
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`claimed, i.e., how the cumulative intake of calories can be determined by the biosensor; and how
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`the system determines a degree of dietary restriction depending on a progress of a disease based
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`on the biological information of the user.
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`Nevertheless, by the present response, expressly without acquiescing in the propriety of
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`the outstanding rejection, Applicant has amended independent claim 1 to further clarify the
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`feature of the claims, by reciting that “estimating, based on the biological information of the user
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`and a corresponding measured timing data contained in the first server, a cumulative intake of a
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`specific nutrient or calories taken in past one or more meals in a predeterminedperiod.”
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`Applicant submits that such an amendmentfurther clarifies the above-noted features, and
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`overcomesthe asserted rejection under 35 U.S.C. §112(b).
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`Atleast in view of the above noted amendment and remarks, Applicant respectfully
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`requests reconsideration and withdrawal of the rejection under 35 U.S.C. §112(b).
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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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`Applicant respectfully traverses the above noted rejection and submitsthatit is
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`inappropriate, particularly in view of the language of claims 1-32 in the present response.
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`{P64308 05818987.doc}
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`18
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`Attorney Docket No. P64308
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`Application No.17/467,517
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`Using claim 1 as an example, Applicant respectfully submits that, even if any judicial
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`exception (abstract idea) is recited in claim 1 under Step 2A, Prong I (which Applicant does not
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`admit), claim 1, as a whole, integrates any judicial exception into a practical application of the
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`exception under Step 2A, ProngII.
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`In particular, it is submitted that an additional element may have integrated the judicial
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`exception into a practical application, if the additional element reflects an improvementin the
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`functioning of a computer, or an improvementto other technology or technicalfield, under Step
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`2A, Prong I.
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`Applicant respectfully submits that claim 1, as a whole,at least reflects an improvement
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`to other technology or technicalfield.
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`Asdisclosed in the specification, the conventional system has a technological problem,
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`such as: there is the increased possibility that an error occurs when inputting is performed on the
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`order input screen; and/or there is possibility of an occurrence of mistaken serving of a dish that
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`does not meet the dietary restriction of a person (e.g., paragraph [0020]).
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`Applicant submits that claim 1 provides the technological solution to such a technological
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`problem, by reciting a specific ordered combination of operations by the first server,
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`in
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`cooperation with the information terminal of the user and the second server in the network
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`system, including: acquiring the identification information stored in the information terminal
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`from the information terminal via a network; acquiring the menu information from the second
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`server; estimating, based on the biological information of the user and a corresponding measured
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`timing data contained in the first server, a cumulative intake of a specific nutrient or calories
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`taken in past one or more meals in a predetermined period, wherein the first server contains the
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`biological
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`information of the user acquired from an information source including one of a
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`{P64308 05818987.doc}
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`19
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`Attorney Docket No. P64308
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`Application No.17/467,517
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`biosensor held by the user or a medical
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`institution of the user, wherein the corresponding
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`measured timing data indicates a time when the biological information was measured at the
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`information source; generating information indicating a degree of dietary restriction depending
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`on a progress of a disease of the user, using the cumulative intake of the specific nutrient or
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`calories taken in the past one or more meals in the predetermined period; generating, based on
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`the menu information and the information indicating the degree of dietary restriction,
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`the
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`personalized menu for the user so as to meet the information indicating the degree of dietary
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`restriction; and transmitting the personalized menu to the information terminal to display the
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`personalized menu on a 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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`The claim, in the ordered combination, prevents a user whois subject to a dietary
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`restriction from being served with a dish that does not comply with the dietary restriction of the
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`user (e.g., paragraph [0021], [0316]), and thus, provides a specific improvement overprior
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`systems in a specific technology or technicalfield,
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