www.uspto.gov
`
`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
`
`02/02/2024
`
`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)
`
`

`

`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 12/29/2023.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J 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.
`
`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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 10/20/2023.
`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 20240125
`
`

`

`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.
`
`This communication is in response to the amendmentreceived on 12/29/2023. Claims 1-34
`
`remain pendingin 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 requirementsofthis 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 whichis within the four statutory categories(i.e. process).
`
`Step 2A, Prong 1:
`
`a
`
`Claim 1 recites
`
`“...estimating, based on the biological
`
`information of the user and the
`
`corresponding measuredtiming data..., a cumulative intake of a specific nutrient or calories taken in past
`
`one or more meals in a predetermined period; 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
`
`menu for the user so as to meet the information indicating the degree of dietary restriction”.
`
`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 3
`
`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) and generic network does
`
`not take the claim out of the methods of organizing human interactions grouping. Thus, the claim recites
`
`an abstract idea.
`
`The limitations of “generating information indicating a degree of dietary restriction depending on
`
`a progress of a disease of the user based on the biological information of the user and the cumulative
`
`intake of the nutrients or calories in a period of time; generating, based on the menu information and the
`
`information indicating the degree of dietary restriction a personalized menu for the user so as to meet
`
`the information indicating the degree of dietary restriction” also correspond to a mental process, since
`
`under their broadest reasonable interpretation, these limitations cover performanceof the limitations in
`
`the mind (or using pen and paper) but for the recitation of generic computer components. Accordingly,
`
`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”,
`
`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 4
`
`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”,
`
`claim 14 recites “the personalized menu is generated such that when a dish included in the or
`
`more dishes contains a smaller amountof 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
`
`yo
`the additional elements of “first and second servers”,
`
`“an informational terminal (such as a smartphone
`
`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 5
`
`yo
`ownedbythe user)”,
`
`“a network”, “outputting a request of acquisition of the menu information from a
`
`second server by the information terminal”, “receiving identification information (of the user) from the
`
`information terminal via a network with permission information by the user to request for the biological
`
`information of the user”, “in advance of receiving the identification information, securely managing the
`
`storages that sequentially store the biological
`
`information in time series in association with the
`
`corresponding measured timing data and the identification information, in a distributed and encrypted
`
`wo
`manner,...”;
`
`“upon acquiring the biological information from the biosensor via the information terminal,
`
`storing the biological information into the storagesin the distributed and encrypted manner, wherein the
`
`information terminal
`
`transmits the biological
`
`information received from the biosensor to the first
`
`server; reading, from the storages, the latest_biological
`
`information of the user associated with the
`
`identification information with corresponding measured timing data based on the identification
`
`information and the permission information received from the information terminal; and “the
`
`corresponding measured timing data indicates a time when the biological information was measured at
`
`the information source including one of a biosensor held by the user or a medical institution of the user”,
`
`which are hardware or software elements, these limitations are not enough to qualify as “practical
`
`application” being recited in the claims along with the abstract idea since these elements are merely
`
`invoked as a tool to apply instructions of the abstract idea in a particular technological environment, and
`
`mere instructions to apply/implement/automate an abstract
`
`idea in a particular
`
`technological
`
`environment and merely limiting the use of an abstract idea to a particular field or technological
`
`environment do notprovide practical application for an abstract idea (MPEP 2106.05(f) & (h)).
`
`Similarly, the newly added claims 33 and 34recite:
`
`33. (New) The method of providing information according to The method of providing information
`
`according to wherein the biological
`
`information is stored into the storages in the distributed and
`
`encrypted manner by dividing the biological information into a plurality of files, and storing the plurality
`
`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 6
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`of files in the storagesin the first server, and the reading the latest biological information includes: reading
`
`the plurality of files corresponding to the latest biological information from the storagesin the first server;
`
`and restoring the latest biological information from the read plurality of files.
`
`34. (New) The method of providing information according to Claim 33, wherein the information
`
`terminal transmits the biological
`
`information received from the biosensor to the first server after
`
`receiving, from the biosensor, setting information to allow sharing of the biological information with the
`
`first server, and the securely managing the storages further includes: each time the biological information
`
`is acquired from the medical
`
`institution, 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 are hardwareor software elements, these limitations are not enough to qualify as “practical
`
`application” being recited in the claims along with the abstract idea since these elements are merely
`
`invokedas a tool to apply instructions of the abstract idea in a particular technological environment, and
`
`mere instructions to apply/implement/automate an abstract
`
`idea in
`
`a particular
`
`technological
`
`environment and merely limiting the use of an abstract idea to a particular field or technological
`
`environment do notprovide 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
`
`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:
`
`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 7
`
`“..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, a memoryfor 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,
`
`“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
`
`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 8
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`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.
`
`Claims also recite other additional limitations beyond abstract idea, including functions such as
`
`acquiring/receiving data from a server/database, outputting/transmitting data to the information
`
`terminal (user device) are insignificant extra-solution activities (see MPEP 2106.05 (g)), which do not
`
`provide a practical application for the 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 acquiring data and generating (organizing) data based on the acquired user information/menu
`
`information steps amount to no more than mere instructions to apply the exception using a generic
`
`computer component. Mere instructions to apply an exception using a generic computer component
`
`cannotprovide an inventive concept.
`
`The current specification recites:
`
`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 9
`
`“The computational processing unit 104 generates information indicating the degree of dietary
`
`restriction depending on the progress of the disease of the user, based on the acquired menu information
`
`and the acquired biological information and/or disease information related to the user.” In par. 140,
`
`“The computational processing unit 104 generates a personalized menu for the user so as to meet
`
`the generated information indicating the degree of dietary restriction. The personalized menu may
`
`include, for example, a dish obtained by modifying a dish included in the menu information acquired by
`
`the computational processing unit 104 so as to reduce the amount of an ingredient specified by the
`
`information indicating the dietary restriction as an ingredient to be avoided by the user. This allows the
`
`user to smoothly order a dish including no ingredients to be avoided.”in par. 141.
`
`Therefore, generating data indicates organizing data based on the acquired requirements.
`
`Organizing data based on the acquired requirements is a well-understood, routine and conventional
`
`activity in the field, which is not sufficient to amountto significantly more than the judicial exception.
`
`a
`Claims have been amendedto recite “in advance of receiving the identification information,
`
`securely managing the storages that sequentially store the biological
`
`information in time series in
`
`association with the corresponding measured timing data and the identification information,
`
`in a
`
`distributed and encrypted manner, wherein the biological information is acquired from _an information
`
`source, and the corresponding measured timing data indicates a time when the biological information
`
`was measured at the information source including one of a biosensor held by the user or a medical
`
`institution of the user; wherein the securely managing the storages includes: upon acquiring the biological
`
`information from the biosensor via the information terminal, storing the biological information into the
`
`storages in the distributed and encrypted manner, wherein the information terminal transmits the
`
`biological information received from the biosensor to the first server; reading, from the storages, the
`
`latest biological information of the user associated with the identification information with corresponding
`
`measured timing data based on the identification information and the permission information received
`
`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 10
`
`from the information terminal;...”. These limitations correspond to mere instructions to apply an
`
`exception using generic computer components(the biosensor, the server and the storages).
`
`Additionally, the features of “securely managing the storages that sequentially store the biological
`
`information in time series in association with the corresponding measured timing data and the
`
`identification information, in a distributed and encrypted manner” and “upon acquiring the biological
`
`information from the biosensor via the information terminal, storing the biological information into the
`
`storages in the distributed and encrypted manner, wherein the information terminal transmits the
`
`biological information received from the biosensor to the first server; reading, from the storages, the
`
`latest biological information of the user associated with the identification information with corresponding
`
`measured timing data based on the identification information and the permission information received
`
`from the information terminal” correspond to well-understood, routine and conventional activities in
`
`the field as evidenced by Nasserbakhtetal. (US9509674B1).
`
`Nasserbakht et al. discloses “time-based and event-based storage”in col. 5, line 66 to col. 6,
`
`line 20, “...electronic device functionalities such as biosensors, health monitoring devices...” in col. 15,
`
`lines 49-60, “As new pieces of information are received or generated, they are written sequentially in
`
`memory.”in col. 18, lines 42-52, “The mobile device may bein the form of a multi-function mobile
`
`electronic system with distributed memory and processing elements.” in col. 5, lines 30-34, “The
`
`priority and timingofall service requests are managed by the Event Scheduler which schedules the
`
`next requestto be processed by the Task Manager which then connects to the COM module to send
`
`the relevant information to the appropriate server (or an internal device module in case of Some
`
`requests.)”in col. 27, lines 40-45 and “Upon sensing the presence of the main access device and
`
`attempting to connect to the device, the main unit verifies the permissions of the display device and if
`
`accessis granted, the display unit is registered on the main device and is configured with the proper
`
`accesslevel...” in col. 17, lines 47-61.
`
`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 11
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`Additionally, the additional element of transmitting and receiving information to and from a user
`
`device amountsto insignificant extra-solution activity.
`
`Therefore, claims 1-32 are nonetheless rejected under 35 U.S.C. 101 as being directed to non-
`
`statutory subject matter.
`
`Response to Arguments
`
`Applicant's argumentsfiled 12/29/2023 have been fully considered but they are not persuasive.
`
`Applicant’s arguments will be addressed below in the order in which they appear.
`
`Applicant argues that claims have been amended nowtorecite a first server receives, from the
`
`information terminal, (i) identification information of the user and (ii) permission information, to
`
`request for the biological information of the user...the server reads from the storages, the latest
`
`biological information of the user...(thus, the biological information regardingthe user is read from the
`
`storagesonly after the first server receives the permission information together with the request for
`
`the biological information), which corresponds to an improvementin the technical field. In response,
`
`Examiner submits that this newly added feature corresponds to a well-understood, routine and
`
`conventional activity in the field, as explained in section 2B above.
`
`Nasserbakht et al. discloses “time-based and event-based storage”in col. 5, line 66 to col. 6,
`
`line 20, “...electronic device functionalities such as biosensors, health monitoring devices...” in col. 15,
`
`lines 49-60, “As new pieces of information are received or generated, they are written sequentially in
`
`memory.”in col. 18, lines 42-52, “The mobile device may bein the form of a multi-function mobile
`
`electronic system with distributed memory and processing elements.” in col. 5, lines 30-34, “The
`
`priority and timingofall service requests are managed by the Event Scheduler which schedules the
`
`next requestto be processed by the Task Manager which then connects to the COM module to send
`
`the relevant information to the appropriate server (or an internal device module in case of Some
`
`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 12
`
`requests.)”in col. 27, lines 40-45 and “Upon sensing the presence of the main access device and
`
`attempting to connect to the device, the main unit verifies the permissions of the display device and if
`
`accessis granted, the display unit is registered on the main device and is configured with the proper
`
`accesslevel...” in col. 17, lines 47-61.
`
`Therefore, these features are well-understood, routine and conventional activities used in the
`
`field and are not directed to an improvement to the technology.
`
`Applicant argues that the current claims are directed to an improvementto the technology by
`
`improving security by the inventive distribution of functionality within a network, similar to Bascom
`
`Global Internet v. AT&T Mobility LLC. In response, Examiner submits that, as indicated in the previous
`
`section, the features of managing the biological information in a distributed manner by the server and
`
`providing proper permissions by the user is a well-understood, routine and conventional activity and is
`
`not directed to any improvementto the technology. The feature of generating a personalized menu for
`
`the user based on the menu information and the user’s dietary information is directed to an abstract
`
`idea of a mental process, since a user (for instance, a medical professional) can make this determination
`
`in mind or using pen and paper. Generating the personalized menu on the server is directed to mere
`
`instruction to apply the exception using generic computer components (server).
`
`Therefore, the arguments are not persuasive and claims are rejected under 35 U.S.C. §101 as
`
`being directed to non-statutory subject matter.
`
`Conclusion
`
`THIS ACTION IS MADEFINAL. Applicant is reminded of the extension of time policy as set forth
`
`in 37 CFR 1.136(a).
`
`

`

`Application/Control Number: 17/467,517
`Art Unit: 3686
`
`Page 13
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`A shortened statutory period for reply to this final action is set to expire THREE MONTHS from
`
`the mailing date of this action.
`
`In the eventa first reply is filed within TWO MONTHS ofthe mailing date
`
`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
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`Application/Control Number: 17/467,517
`Art Unit: 3686
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`Page 14
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`/DILEK B COBANOGLU/
`Primary Examiner, Art Unit 3686
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