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
`
`17/695,340
`
`03/15/2022
`
`HIROSHI YAHATA
`
`P65864
`
`1052
`
`GREENBLUM & BERNSTEIN,P.L.C.
`1950 ROLAND CLARKE PLACE
`RESTON, VA 20191
`
`LU, HUA
`
`2144
`
`04/11/2024
`
`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)
`
`

`

`
`
`Office Action Summary
`
`Application No.
`17/695,340
`Examiner
`HUA LU
`
`Applicant(s)
`YAHATAetal.
`Art Unit
`2171
`
`AIA (FITF) Status
`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 3/15/2022.
`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.
`
`Disposition of Claims*
`1-19 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C} Claim(s)__ is/are allowed.
`Claim(s) 1-19 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) The drawing(s) filed on 3/15/2022 is/are: a)(¥) 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)(¥) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)Y) All
`1.) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.2.) 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)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`4)
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`
`Paper No(s)/Mail Date3/15/20225/5/20226/5/2022.
`U.S. Patent and Trademark Office
`
`3)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240226
`
`

`

`Application/Control Number: 17/695,340
`Art Unit: 2171
`
`Page 2
`
`Notice of Pre-AlA or AIA Status
`
`The present application, filed on or after March 16, 2013,
`
`is being examined
`
`underthefirst inventor to file provisions of the AIA.
`
`DETAILED ACTION
`
`2.
`
`This action is responsive to the Application filed on 3/15/2022, which is a
`
`continuation of a Continuation of PCT/JP2021/014674, which wasfiled on 4/6/2021. A
`
`filing date of 3/15/2022 is acknowledged. The sought benefit of JP application 2020-
`
`068602 and JP application 2020-068603 (which wasfiled on 4/6/2020) is
`
`acknowledged. Claims 1-19 are pending in this application. Claims 1, 2 are
`
`independent claims.
`
`Double Patenting
`
`3.
`
`A rejection based on double patenting of the “same invention” typefinds its
`
`support in the language of 35 U.S.C. 101 which states that “whoeverinvents or
`
`discovers any new and useful process... may obtain a patent therefor...” (Emphasis
`
`added). Thus, the term “same invention,” in this context, means an invention drawnto
`
`identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel,
`
`422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330
`
`(CCPA 1957).
`
`The nonstatutory double patenting rejection is based on a judicially created
`
`doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the
`
`unjustified or improper timewise extension of the “right to exclude” granted by a patent
`
`and to prevent possible harassment by multiple assignees. A nonstatutory double
`
`patenting rejection is appropriate where the conflicting claims are not identical, but at
`
`

`

`Application/Control Number: 17/695,340
`Art Unit: 2171
`
`Page 3
`
`least one examined application claim is not patentably distinct from the reference
`
`claim(s) because the examined application claim is either anticipated by, or would have
`
`been obvious over, the reference claim(s). See, e.g.,
`
`In re Berg, 140 F.3d 1428, 46
`
`USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed.
`
`Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985);
`
`In re Van Ornum,
`
`686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619
`
`(CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d)
`
`may be used to overcome an actualor provisional rejection based on nonstatutory
`
`double patenting provided the reference application or patent either is shown to be
`
`commonly owned with the examined application, or claims an invention made as a
`
`result of activities undertaken within the scope of a joint research agreement. See
`
`MPEP § 717.02 for applications subject to examination underthefirst inventortofile
`
`provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(I)(1) -
`
`706.02(I)(3) for applications not subject to examination underthe first inventorto file
`
`provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR
`
`1.321(b).
`
`The USPTOInternet website contains terminal disclaimer forms which may be
`
`used. Please visit www.uspto.gov/patent/patents-forms.
`
`Thefiling date of the
`
`application in which the form is filed determines what form (e.g., PTO/SB/25,
`
`PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal
`
`Disclaimer may befilled out completely online using web-screens. An eTerminal
`
`Disclaimer that meets all requirements is auto-processed and approved immediately
`
`

`

`Application/Control Number: 17/695,340
`Art Unit: 2171
`
`Page 4
`
`upon submission. For more information about eTerminal Disclaimers, refer to
`
`
`
`Claims 1-19 are provisionally rejected under 35 U.S.C. 101 as claiming the same
`
`invention as that of claims 1-19 of copending Application Nos. 17/695,361. This is a
`
`provisional statutory double patenting rejection since the claims directed to the same
`
`invention are co-pending and have notin fact been patented. More particularly,
`
`although the claims at issue are not identical, they are not patentably distinct from each
`
`other because independent claims 1, 2 of the instant application are rendered obvious
`
`by the respective corresponding method independent claims of the co-pending
`
`applications, as any different in the scope of the independent claims of the instant
`
`application and those of the respective co-pending application would have been obvious
`
`to one of ordinary skill in the art, before the effective filing date of the claimed invention,
`
`as set forth in the mapping of the features of the claims of the instant application relative
`
`to the teachings of analogous art Hardee any modifications to incorporate the mapped
`
`features of Hardee would have been obviousto oneof ordinary skill in the art, before
`
`the effectivefiling date of the claimed invention,
`
`in order to provide a mores adaptive
`
`food printing technology.
`
`1. A methodfor controlling a food printer|1. A method for controlling a food printer
`
`in a food-material providing system, the
`
`in a food-material providing system, the
`
`food printer being a food printer that
`
`food printer being a food printer that
`
`printed food being created by the food
`
`
`
`createsafirst printed food, thefirst creates a first printed food, thefirst
`
`printed food being created by the food
`
`

`

`Page 5
`
`printer by using a first print pattern, the
`
`printer by using a first print pattern, the
`
`method comprising: acquiring
`
`method comprising: acquiring
`
`chewing/swallowing information via a
`
`chewing/swallowing information via a
`
`network from asensing device associated
`
`network from a sensing device associated
`
`with a user, wherein he
`
`with a user, wherein the
`
`Application/Control Number: 17/695,340
`Art Unit: 2171
`
`pattern.
`
`chewing/swallowing information is related
`
`chewing/swallowing information is related
`
`to chewing of the user when the user eats
`
`to chewing of the user when the user eats
`
`the first printed food; determining based
`
`the first printed food; determining based
`
`on the chewing/swallowing information, a
`
`on the chewing/swallowing information, a
`
`meal duration associated with eating of
`
`number of chews madeby the userin
`
`the first printed food by the user, and
`
`eating the first printed food, and
`
`determining based onatleastthefirst
`
`determining based on at least the first
`
`print pattern and the meal duration, a
`
`print pattern and the number of chews, a
`
`second print pattern used for a second
`
`second print pattern used for a second
`
`printed food to be created by the food
`
`printed food to be created by the food
`
`printer; and transmitting print control
`
`printer; and transmitting print control
`
`information to the food printer via the
`
`information to the food printer via the
`
`network, wherein the print control
`
`network, wherein the print control
`
`information is used for causing the food
`
`information is used for causing the food
`
`printer to create the second printed food
`
`printer to create the second printed food
`
`using the determined second print
`
`using the determined second print
`
`pattern.
`
`

`

`Application/Control Number: 17/695,340
`Art Unit: 2171
`
`Page 6
`
`2. A method for controlling a food printer
`
`2. A method for controlling a food printer
`
`in a food-material providing system, the
`
`in a food-material providing system, the
`
`food printer being a food printer that
`
`food printer being a food printer that
`
`
`
`createsafirst printed food, thefirst createsafirst printed food, thefirst
`
`printer to create the second printed food
`
`printed food being created by the food
`
`printed food being created by the food
`
`printer by using a first print pattern, the
`
`printer by using a first print pattern, the
`
`method comprising: acquiring
`
`method comprising: acquiring
`
`chewing/swallowing information via a
`
`chewing/swallowing information via a
`
`network from asensing device associated
`
`network from a sensing device associated
`
`with a user, wherein the
`
`with a user, wherein the
`
`chewing/swallowing information
`
`chewing/swallowing information
`
`represents a meal duration associated
`
`represents a number of chews made by
`
`with eating of the first printed food by the
`
`the user in eating the first printed food;
`
`user; determining based on at least the
`
`determining based onat least thefirst
`
`first print pattern and the meal duration, a
`
`print pattern and the number of chews, a
`
`second print pattern used for a second
`
`second print pattern used for a second
`
`printed food to be created by the food
`
`printed food to be created by the food
`
`printer; and transmitting print control
`
`printer; and transmitting print control
`
`information to the food printer via the
`
`information to the food printer via the
`
`network, wherein the print control
`
`network, wherein the print control
`
`information is used for causing the food
`
`information is used for causing the food
`
`printer to create the second printed food
`
`

`

`using the determined second print
`
`using the determined second print
`
`pattern.
`
`pattern.
`
`Page 7
`
`Application/Control Number: 17/695,340
`Art Unit: 2171
`
`madeby the useris less than a
`
`3. The method according to claim 1,
`
`3. The control method according to claim
`
`wherein the meal duration includes a
`
`1, wherein the number of chewsincludes
`
`duration of time taken for the user to eat
`
`a total numberof times chewing is made
`
`the first printed food.
`
`by the user in eating the first printed food.
`
`4. The method according to claim 1,
`
`4. The control method according to claim
`
`wherein the print control information
`
`1, wherein the print control information
`
`includes a print condition for, if the meal
`
`includes a print condition for, if the
`
`duration of the useris less than a
`
`number of chews madeby the useris
`
`predetermined duration, creating the
`
`less than a predetermined numberof
`
`second printed food that has a smaller
`
`chews,creating the second printed food
`
`mass per unit volume than thefirst
`
`that has a smaller mass per unit volume
`
`printed food.
`
`than the first printed food.
`
`5. The method according to claim 1,
`
`5. The control method according to claim
`
`wherein if the first printed food includes a
`
`1, wherein if the first printed food includes
`
`plurality of chunks of food in a bite size of
`
`a plurality of chunks of food in a bite size
`
`less than or equal to 15 cubic
`
`of less than or equal to 15 cubic
`
`centimeters, and the meal duration of the
`
`centimeters, and the number of chews
`
`user is less than a predetermined
`
`

`

`Application/Control Number: 17/695,340
`Art Unit: 2171
`
`Page 8
`
`duration, the print control information
`
`predetermined number of chews,the print
`
`
`
`includes a print condition for creating the control information includesaprint
`
`second printed food that includes a
`
`condition for creating the second printed
`
`plurality of chunks of food in a bite size of
`
`food that includes a plurality of chunksof
`
`less than or equal to 15 cubic centimeters
`
`food in a bite size of less than or equal to
`
`and that has a mean volume thatis less
`
`15 cubic centimeters and that has a mean
`
`than a mean volume ofthe plurality of
`
`volume that is less than amean volume
`
`chunksof food in the bite size included in
`
`of the plurality of chunks of food in the
`
`the first printed food.
`
`bite size included in thefirst printed food.
`
`1, wherein the sensing device includes an
`
`6. The method according to claim 1,
`
`6. The control method according to claim
`
`wherein the print control information
`
`1, wherein the print control information
`
`includes a print condition for, if the meal
`
`includes a print condition for, if the
`
`duration of the useris less than a
`
`number of chews madeby the useris
`
`predetermined duration, creating the
`
`less than a predetermined numberof
`
`second printed food that has a greater
`
`chews,creating the second printed food
`
`volume of a hard portion than thefirst
`
`that has a greater volume of a hard
`
`printed food, wherein the hard portion has
`
`portion than thefirst printed food, wherein
`
`a hardness greater than or equal toa
`
`the hard portion has a hardness greater
`
`predetermined hardness.
`
`than or equal to a predetermined
`
`hardness.
`
`7. The method according to claim 1,
`
`7. The control method according to claim
`
`wherein the sensing device includes an
`
`

`

`Page 9
`
`acceleration sensor, and the
`
`acceleration sensor, and the
`
`chewing/swallowing information includes
`
`chewing/swallowing information includes
`
`acceleration information that represents
`
`acceleration information that represents
`
`an acceleration detected by the
`
`an acceleration detected by the
`
`acceleration sensor.
`
`acceleration sensor.
`
`Application/Control Number: 17/695,340
`Art Unit: 2171
`
`detects chewing sound, and the number
`
`8. The method according to claim 1,
`
`8. The control method according to claim
`
`wherein the sensing device includes a
`
`1, wherein the sensing device includes a
`
`distance sensor, and the
`
`distance sensor, and the
`
`chewing/swallowing information includes
`
`chewing/swallowing information includes
`
`distance information that is detected by
`
`distance information that is detected by
`
`the distance sensor and that represents a
`
`the distance sensor and that represents a
`
`distance to a skin.
`
`distance to a skin.
`
`9. The method according to claim 1,
`
`9. The control method according to claim
`
`wherein the sensing device detects an
`
`1, wherein the sensing device detects an
`
`electromyographic potential, and the meal
`
`electromyographic potential, and the
`
`duration is determined based on the
`
`number of chewsis determined based on
`
`detected electromyographic potential.
`
`the detected electromyographic potential.
`
`10. The control method according to
`
`10. The control method according to
`
`claim 1, wherein the sensing device
`
`claim 1, wherein the sensing device
`
`detects chewing sound, and the meal
`
`

`

`duration is determined based on the
`
`of chewsis determined based on the
`
`detected chewing sound.
`
`detected chewing sound.
`
`Page 10
`
`Application/Control Number: 17/695,340
`Art Unit: 2171
`
`neck of the user.
`
`11. The method according to claim 1,
`
`11. The control method according to
`
`wherein the sensing device includes a
`
`claim 1, wherein the sensing device
`
`camera, and the meal duration of the user
`
`includes a camera, and the numberof
`
`is determined based on a result of image
`
`chews madeby the useris determined
`
`recognition performed by using an image
`
`based on aresult of image recognition
`
`obtained with the camera.
`
`performed by using an image obtained
`
`with the camera.
`
`12. The method according to claim 1,
`
`12. The control method according to
`
`wherein the sensing device is installed on
`
`claim 1, wherein the sensing device is
`
`an autonomous device that performs
`
`installed on an autonomous device that
`
`sensing on the user.
`
`performs sensing on the user.
`
`13. The method according to claim 1,
`
`13. The control method according to
`
`wherein the sensing device is installed on
`
`claim 1, wherein the sensing device is
`
`eyeglasses of the user.
`
`installed on eyeglasses of the user.
`
`14. The method according to claim 1,
`
`14. The control method according to
`
`wherein the sensing device is installed on
`
`claim 1, wherein the sensing device is
`
`a device to be worn around a neck of the
`
`installed on a device to be worn around a
`
`user.
`
`

`

`Application/Control Number: 17/695,340
`Art Unit: 2171
`
`Page 11
`
`15. The method according to claim 1,
`
`15. The control method according to
`
`wherein the sensing device is installed on
`
`claim 1, wherein the sensing device is
`
`a device to be worn on an earof the user.
`
`installed on a device to be worn on an ear
`
`of the user.
`
`16. The method according to claim 1,
`
`16. The control method according to
`
`wherein the second printed food is
`
`claim 1, wherein the second printed food
`
`created by using a plurality of paste
`
`is created by using a plurality of paste
`
`materials, and wherein the second print
`
`materials, and the secondprint pattern
`
`pattern specifies where each of the
`
`specifies where each of the plurality of
`
`plurality of paste materials is to be used.
`
`paste materials is to be used.
`
`17. The method according to claim 1,
`
`17. The method according to claim 1,
`
`wherein the second printed food
`
`wherein the second printed food
`
`comprises a three-dimensional structure
`
`comprises a three-dimensional structure
`
`including a plurality of layers, the plurality
`
`including a plurality of layers, the plurality
`
`used forthe second layer.
`
`
`
`of layers including a first layer and a of layers includingafirst layer and a
`
`second layer, and the print control
`
`second layer, and the print control
`
`information includes a print condition for
`
`information includes a print condition for
`
`causing a paste material used forthefirst
`
`causing a paste material used forthefirst
`
`layer to be varied from a paste material
`
`layer to be varied from a paste material
`
`used forthe second layer.
`
`

`

`Application/Control Number: 17/695,340
`Art Unit: 2171
`
`Page 12
`
`18. The method according to claim 1,
`
`18. The method according to claim 1,
`
`wherein the second printed food
`
`wherein the second printed food
`
`comprises a three-dimensional structure
`
`comprises a three-dimensional structure
`
`including a plurality of layers, the plurality
`
`including a plurality of layers, the plurality
`
`
`
`of layers includingafirst layer and a of layers includingafirst layer and a
`
`second layer, and the print control
`
`second layer, and the print control
`
`information includes a print condition for
`
`information includes a print condition for
`
`
`
`causing a third print pattern used for the causingathird print pattern used for the
`
`the second printed food.
`
`first layer to be varied from a fourth print
`
`first layer to be varied from a fourth print
`
`pattern used for the second layer.
`
`pattern used for the second layer.
`
`19. The method according to claim 1,
`
`19. The method according to claim 1,
`
`wherein the print control information
`
`wherein the print control information
`
`specifies a temperature at which to bake
`
`specifies a temperature at which to bake
`
`the second printed food.
`
`Claim Rejections - 35 USC § 103
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
`
`correction of the statutory basis for the rejection will not be considered a new ground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`

`

`Application/Control Number: 17/695,340
`Art Unit: 2171
`
`Page 13
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis forall
`
`obviousness rejections set forth in this Office action:
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`A patent fora claimed invention may notbe obtained, notwithstanding thatthe claimed
`invention is not identically disclosed as set forth in section 102 of this title, if the differences
`between the claimed invention and the prior artare such that the claimed invention as a whole
`would have been obvious before the effectivefiling date of the claimed invention to a person
`having ordinary skillin the art to which the claimed invention pertains. Patentability shall not
`be negated by the manner in whichthe invention was made.
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`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
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`USPQ 459 (1966), that are applied for establishing a background for determining
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`obviousness under 35 U.S.C. 103 are summarized as follows:
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`1. Determining the scope and contents of the priorart.
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`2. Ascertaining the differences between theprior art and the claims atissue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating
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`obviousness or nonobviousness.
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`This application currently namesjoint inventors.
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`In considering patentability of the
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`claims the examiner presumes that the subject matter of the various claims was
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`commonly ownedasof the effective filing date of the claimed invention(s) absent any
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`evidenceto the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to
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`point out the inventor and effectivefiling dates of each claim that was not commonly
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`ownedas of the effectivefiling date of the later invention in order for the examiner to
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`consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2)
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`prior art against the later invention.
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`

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`Application/Control Number: 17/695,340
`Art Unit: 2171
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`Page 14
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`4.
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`Claims 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over
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`Christopher Hardeeet al (US Publication 20180116272 A1, hereinafter Hardee1), and
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`in view of Christopher James Hardee et al (US Publication 20170148348 A1, hereinafter
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`Hardee2), and Christine Contant (US Publication 20100240962 A1, hereinafter
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`Contant).
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`As for independent claim 1, Hardee1 discloses: A method for controlling a food
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`printer in a food-material providing system, the food printer being a food printer
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`that creates a first printed food, the first printed food being created by the food
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`printer by usingafirst print pattern (Hardee1: Abstract, 3D printing a food item by a
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`processor, a request to 3D print a food item is received, information associated with a
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`consumerof the food item is received, the requested food item is 3D printed based on
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`the information associated with the consumerof the food item), the method
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`comprising: [acquiring chewing/swallowing information via a network from a
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`sensing device associated with a user, wherein he chewing/swallowing
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`information is related to chewing of the user whenthe usereats thefirst printed
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`food; determining based on the chewing/swallowing information, a meal duration
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`associated with eating of the first printed food by the user,] and determining
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`based on at least thefirst print pattern and the meal duration, a second print
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`pattern used for a second printed food to be created by the food printer (Hardee1:
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`[0016], the information associated with the consumeris used to modify an existing
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`recipe for the food item so that the printed food item will comply with the preferences of
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`the consumer, for example, the existing may be modified to, for example, reduce the
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`

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`Application/Control Number: 17/695,340
`Art Unit: 2171
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`Page 15
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`portion size of the food item and/or replace some of the ingredients;
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`[0055], customize
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`3D printed food items based oninformation associated with the consumersof the food
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`items; [0065]-[0066], based on the consumerinformation, the 3D food printer may
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`modify the existing full size hamburger to a smaller hamburger; please note thefull size
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`hamburger may bea first printed food, and based on the consumerinformation, the 3D
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`food printer modified and made a second printed food, which is smaller in size); and
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`transmitting print control information to the food printer via the network, wherein
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`the print control information is used for causing the food printer to create the
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`second printed food using the determined second print pattern (Hardee1: [0039],
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`computer system/server may be practicedin distributed cloud computing environments
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`where tasks are performed by remote processing devices that are linked through a
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`communications network; [0049], device layer includes physical and/or virtual devices,
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`embedded with and/or standalone electronics, sensors, actuators, and other objects to
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`perform various tasks in a cloud computing environment; [0050], device layer includes
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`sensor, actuator, “learning” the thermostat with integrated processing, sensor, and
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`networking electronics, camera, other possible devices may include 3D food printers,
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`and various additional sensor devices, networking devices, electronics device, and a
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`wide variety of other possible interconnected objects).
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`Hardeei discloses a 3D food printer may modify thefirst printed food item and made
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`the second printed food item based on the associated consumer information (Hardee:
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`[0055], [0065], [O066]) including using sensors to collect user's information, but Hardee‘
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`does not disclose modify food items based on the detected user behavior,
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`in an
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`analogous art of 3D food printing technology, Hardee2 discloses: transmitting print
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`

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`Application/Control Number: 17/695,340
`Art Unit: 2171
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`Page 16
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`control information to the food printer via the network, wherein the print control
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`information is used for causing the food printer to create the second printed food
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`using the determined second print pattern (Hardee2: [0013], the wearable electronic
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`device can identify the behavior of the user; [0021], the processor can send the
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`personalized supplement recommendation to a 3D food printer (e.g., via a wireless
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`communication device on the processor);
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`Hardee1 and Hardee2 are analogous arts because they are in the same field of
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`endeavor, using 3D food printer to make customized/modified items based on user
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`information. Therefore, it would have been obvious to one with ordinary skill, in the art
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`before the effective filing date of the claimed invention, to modify the invention of
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`Hardeeusing the teachings of Hardee2 to include collecting user behavior information
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`by a wearable device and sensors, and sending the personalized information to the 3D
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`food printer.
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`It would provide Hardee1’s method with enhanced capabilities of making
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`printed food items based on user behavior information so the printed food items satisfy
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`user’s specific needs.
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`Hardee1-Hardee2 does not disclose detecting acquiring chewing/swallowing
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`information, Contant discloses: acquiring chewing/swallowing information via a
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`network from a sensing device associated with a user, wherein he
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`chewing/swallowing information is related to chewing of the user when the user
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`eats thefirst printed food; determining based on the chewing/swallowing
`
`information, a meal duration associated with eating of the first printed food by the
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`user (Contant: [0033], a chewing system that measures the number of time food is
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`chewed; [0028], measure the time of the meal; [0052], a bite counter, a bite duration
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`

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`Application/Control Number: 17/695,340
`Art Unit: 2171
`
`Page 17
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`timer, a meal duration timer, a mealinterval timer; [0053], monitoring the bite duration;
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`[0054], the bite counter is configured to keep track of the numberofbites),
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`Hardee1 and Hardee2 and Contant are analogous arts becausethey are in the same
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`field of endeavor, detecting user’s information in order to modify/personalizing user's
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`food. Therefore, it would have been obvious to one with ordinary skill,
`
`in the art before
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`the effective filing date of the claimed invention, to modify the invention of Hardee
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`using the teachings of Contant to include monitoring/measuring user’s intake
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`information including chewing/biting information and meal duration.
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`It would provide
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`Hardee1’s method with enhanced capabilities of collecting more user’s intake activity
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`information.
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`As for independent claim 2, Hardee1 discloses: A method for controlling a food
`
`printer in a food-material providing system, the food printer being a food printer
`
`that creates a first printed food, the first printed food being created by the food
`
`printer by usingafirst print pattern (Hardee1: Abstract, 3D printing a food item by a
`
`processor, a request to 3D print a food item is received, information associated with a
`
`consumerof the food item is received, the requested food item is 3D printed based on
`
`the information associated with the consumerof the food item), the method
`
`comprising: [acquiring chewing/swallowing information via a network from a
`
`sensing device associated with a user, wherein the chewing/swallowing
`
`information represents a meal duration associated with eating of the first printed
`
`food by the user;] determining based on at least thefirst print pattern and the
`
`meal duration, a second print pattern used for a second printed food to be
`
`

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`Application/Control Number: 17/695,340
`Art Unit: 2171
`
`Page 18
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`created by the food printer (Hardee1: [0016], the information associated with the
`
`consumeris used to modify an existing recipe for the food item so that the printed food
`
`item will comply with the preferences of the consumer, for example, the existing may be
`
`modified to, for example, reduce the portion size of the food item and/or replace some
`
`of the ingredients; [0055], customize 3D printed food items based on information
`
`associated with the consumers of the food items; [0065]-[0066]