DETAILED ACTION
Notices to Applicant
This communication is a Final Office Action on the merits. Claims 1-17 as filed 07/10/2025, are currently pending and have been considered below.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
The present application is a continuation-in-part and claims benefit of U.S. Non-Provisional Patent Application No. 16/904,219, filed June 17, 2020, which claims benefit of U.S. Provisional Patent Application No. 62/993,437, filed March 23, 2020.
The present application is also a continuation-in-part and claims benefit of PCT Application No. PCT/US21/23661 filed March 23, 2021, which claims benefit of U.S. Non-Provisional Patent Application No. 16/904,219, filed June 17, 2020, and claims benefit of U.S. Provisional Application No. 62/993,437 filed March 23, 2020.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claims 1, 3, and 10 each recite the limitation of “a means for containing and executing a virtual physician software platform”. The Application Specification at [0098] recites the structure for the modules of the MyDoctor platform “may be executed on one or more computing devices. A computing device may be a standalone device (e.g. a personal diagnostic device), a personal computing device, a cloud computing device, a mobile computing device.” Accordingly, claims 1-17 are being interpreted under 35 U.S.C. 112(f).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., an abstract idea) without significantly more.
Claims 1-2 are drawn to a system for integrating various services under one autonomous platform and mimicking a physician's role, which is within the four statutory categories (i.e. machine).
Independent Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claim 1 recites:
1. A virtual physician (MyDoctor) autonomous system for integrating various services under one autonomous platform and mimicking a physician’s role utilizing artificial intelligence and natural language, the system comprising:
a. a means for containing and executing a virtual physician software platform (600), the virtual physician software platform (600) comprising:
i. a user account module (200) comprising instructions for: A. storing general information (2000) of a user, B. receiving medical records (2100) of the user from an external communicator module (900), C. storing the medical records (2100) of the user, D. storing reported conditions (2200) of the user, E. storing user habits (2300) of the user, and F. transmitting a payment to an external source through the use of a payment gateway (2400);
ii. a dialogue module (200) comprising instructions for: A. communicating verbally with the user through the use of a verbal input component and Natural Language Processing algorithms, and B. determining a module to transfer action based on directions from the user;
iii. a diagnostic module (400) comprising instructions for: A. accessing a disease database of disease symptoms mapped to possible causes, B. accepting a list of user symptoms provided by the user to the dialogue module (200), C. accepting a set of test results from a test analyzer module (500); D. generating a first table (410) mapping each user symptom to all possible causes for the user symptom, E. generating a second table displaying all possible causes (450) that share every user symptom, F. accepting data from a database of medical records (2100), wherein the database of medical records (2100) comprises medical records connected to the user received from a plurality of external medical sources (930), such that each medical record is converted to a standard format upon being received by the virtual physician software platform (600), and G. generating, based on the first table and the second table, a probability table ranking all possible causes (450) based on probability of the presence of each possible cause;
iv. the test analyzer module (500) comprising instructions for: A. accepting the set of test results from testing equipment, B. autonomously analyzing the set of test results, C. transmitting the analyzed set of test results to the user account module (200) to be stored, and D. transmitting the analyzed set of test results to the diagnostic module (400);
v. a treatment module (700) comprising instructions for: A. receiving input from the medical records (2100) stored in the user account module (200) and the diagnostic module (400), B. autonomously determining a treatment method based on an ailment diagnosed by the diagnostic module (400) and information from the medical records (2100), wherein the treatment method comprises a prescription and a plurality of recommendations, and C. autonomously providing to the user a pharmacy capable of providing the prescription, pricing information for the prescription, and the plurality of recommendations;
vi. a case monitoring module (800) comprising instructions for: A. autonomously monitoring the user's health and recovery as the user carries out the treatment (475) determined by the diagnostic module (400), B. reminding the user to carry out the prescription related to the treatment (475), C. comparing an expected recovery time to an actual recovery time to determine if a secondary course of action is necessary, D. adjusting the prescription as the secondary course of action, and E. adjusting the expected recovery time based on the secondary course of action;
vii. the external communicator module (900) comprising: A. a data encryption module (910) comprising instructions for: I. accepting data from a source, and II. encrypting the data into a standard format, wherein the data encryption module (910) is capable of accepting data directly from the user, or from the plurality of external medical sources (930); B. a data compression module (920) comprising instructions for: I. accepting standard format data from the data encryption module (910), II. compressing the standard format data into compressed data, and III. transmitting the compressed data to an external storage (9000) component or to the plurality of external medical sources (930); wherein the external communicator module (900) comprises instructions for: C. autonomously issuing a request for the prescription determined by the treatment module (700) to the pharmacy provided by the treatment module (700); wherein the external communicator module (900) is configured to communicate with an emergency center to request an ambulance and transmit the user data and a location of the user to the emergency center;
viii. a dietician module (1100) comprising instructions for: A. allowing the user to input food consumption data, B. generating a table of calorie intake based on the food consumption data, and C. transmitting the food consumption data to the user account module (200);
ix. a wellbeing module (1300) comprising instructions for: A. providing recommendations for general health of the user based on information from the user account module (200);
x. a physical activity module (1400) comprising instructions for: A. tracking physical activity of the user, and B. providing recommendations for physical activity of the user based on information from the user account module (200);
xi. a defibrillator module (1600) comprising instructions for: A. providing instructions on how to use a defibrillation device, B. receiving, by a vital signal analyzer device, a patient condition assessment comprising pulse rate measurements, temperature measurements, respiratory rate measurements, and blood pressure measurements, C. determining, based on the patient condition assessment, signs of cardiac arrest, respiratory arrest, or a combination thereof, and D. contacting, by the external communicator module (900), emergency medical aid; and,
xii. a psychological therapy module (1700) comprising instructions for: A. analyzing a psychological state of the user based on a tone of voice or facial expression of the user collected by the dialogue module (300), B. contacting, by the external communicator module (900), emergency medical aid upon the user expressing a desire to commit suicide, and providing long-term psychological therapy to the user;
wherein each module of the virtual physician software platform (600) is capable of transmitting data to all other modules of the virtual physician software platform (600); b. the disease database comprising disease symptoms mapped to possible diseases; c. a research database comprising disease data and recovery data from a plurality of users; d. the external storage (9000) component; e. the defibrillation device for electrically stimulating a heart of the user, communicatively coupled to the defibrillator module (1600); and f. the vital signs analyzer device communicatively coupled to the defibrillator module (1600), configured to measure the pulse rate measurements, the temperature measurements, the respiration rate measurements, and the blood pressure measurements of the user, generate the patient condition assessment based on the pulse rate measurements, the temperature measurements, the respiration rate measurements, and the blood pressure measurements of the user, and transmit the patient condition assessment to the defibrillator module (1600).
The above claim limitations, as drafted, is a machine that, under its broadest reasonable interpretation, covers concepts performed in the human mind (including an observation, evaluation, judgment, and opinion) as Mental processes but for the recitation of generic computer components. That is, other than reciting the bolded limitations above, nothing in the claim precludes the steps from practically being performed in the mind. For example, but for the bolded claim limitations, the claim amounts to collecting healthcare data of a user, analyzing the collected healthcare data of the user to generate a probability table ranking all possible causes for the user symptoms for diagnosis, analyzing collected test results for the user for the diagnosis analysis, analyzing the collected healthcare data to determine a treatment method and pharmacy for the user with a request for a determine prescription, communicate with an emergency center to request an ambulance and transmit the user data and a location of the user to the emergency center, collecting and analyzing monitored healthcare data for the user to remind the user to carry out the treatment and determine expected and actual recovery times for determining if a secondary action is necessary, collecting and analyzing user dietary data for the user, determining recommendations for general health of the user, collecting and analyzing physical activity of the user to provide physical activity recommendations, collecting and analyzing vital sings to contact and provide instructions for use of defibrillation to emergency medical aid, collecting and analyzing psychological data of the user to determining the user expressing a desire to commit suicide and contacting emergency medical aid and providing long term psychological therapy, and collecting disease symptoms mapped to possible diseases and disease data and recovery data for a plurality of users in the context of the claim encompasses mimicking the role of a physician through observation, evaluation, judgment, and opinion. If a claim limitation, under its broadest reasonable interpretation, covers concepts performed in the human mind (including an observation, evaluation, judgment, and opinion) but for the recitation of generic computer components, then it falls within the “Mental processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim recites a plurality of additional elements bolded above, such as using: “a means for containing and executing a virtual physician software platform” “a user account module,”; “an external communicator module,”; “a payment gateway,”; “a dialogue module” with “Natural Language Processing algorithms,”; “a diagnostic module” comprising “a disease database,” “a test analyzer module,” and “a database of medical records,”; “a treatment module,”; “a case monitoring module,”; “a data encryption module,”; “a data compression module,”; “a dietician module,”; “a wellbeing module,”; “a physical activity module,”; “a defibrillator module,“ “a vital signal analyzer device,” “a psychological therapy module,” “a research database,” a “defibrillation device,” to perform the limitations of the claim. These elements are recited at a high-level of generality (i.e., one or more computing devices such as a personal diagnostic device), a personal computing device, a cloud computing device, a mobile computing device to execute modules and databases as they relate to general purpose computer components; and the vital signal analyzer device recited at a high level of generality as a generic tool (i.e. personal vital signs monitor, personal EKG, Glucometer, etc.) to perform the data collection limitation (Application Specification [0017], [0092], [0098], [0146]-[0147]) such that they amount to no more than mere instructions to apply the exception using generic computer components and merely uses a computer as a tool to perform the abstract idea. See MPEP 2106.05(f). Further, the recited limitations of using “transmitting,”/“transmit” amount to mere data gathering and output recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g). As such, the additional elements do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using: “a means for containing and executing a virtual physician software platform” “a user account module,”; “an external communicator module,”; “a payment gateway,”; “a dialogue module” with “Natural Language Processing algorithms,”; “a diagnostic module” comprising “a disease database,” “a test analyzer module,” and “a database of medical records,”; “a treatment module,”; “a case monitoring module,”; “a data encryption module,”; “a data compression module,”; “a dietician module,”; “a wellbeing module,”; “a physical activity module,”; “a defibrillator module,“ “a vital signal analyzer device,” “a psychological therapy module,” “a research database,” and a “defibrillation device,” to perform the limitations amounting to collecting, analyzing, storing, and communicating healthcare data. These elements are recited at a high-level of generality (i.e., one or more computing devices such as a personal diagnostic device), a personal computing device, a cloud computing device, a mobile computing device to execute modules and databases as they relate to general purpose computer components; and the vital signal analyzer device recited at a high level of generality as a generic tool (i.e. personal vital signs monitor, personal EKG, Glucometer, etc.) to perform the data collection limitations (Application Specification [0017], [0092], [0098], [0146]-[0147]) such that they amount to no more than mere instructions to apply the exception using generic computer components and merely uses a computer as a tool to perform the abstract idea. See MPEP 2106.05(f). Further, the additional elements of “transmitting,”/”transmit,” the “data encryption module” and the “data compression module” recite well-understood, routine, and conventional activities, simply appending these activities previously known to the industry at a high level of generality to the abstract idea. See MPEP 2106.05(d). The background does not provide any indication that the “transmitting,”/”transmit,” the “data encryption module” and the “data compression module” limitations are anything other than a generic computer component to collect and transmit data in a standard format claimed at a high level of generality. The Symantec, TLI, and OIP Techs court decisions (MPEP 2106.05(d)(II)) indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner. The claim is not patent eligible.
Dependent claim 2 includes limitations of the independent claim and are directed to the same abstract idea as discussed above and incorporated herein. The dependent claim is rejected under 35 U.S.C. § 101 because it is directed to non-statutory subject matter. The additional elements of the additional claim include informational characteristics on what the healthcare data is and its observation, evaluation, judgment, and opinion for diagnosis and treatment. These information characteristics do not integrate the judicial exception into a practical application, and, when viewed individually or as a whole, they do not add anything substantial beyond collecting, analyzing, storing, and communicating healthcare data. Furthermore, the combination of elements does not indicate a significant improvement to the functioning of a computer or any other technology. Therefore the dependent claims are rejected under 35 U.S.C. § 101.
Claims 3-9 are drawn to a system for diagnosing a medical issue of a user, which is within the four statutory categories (i.e. machine).
Independent Claim 3 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claim 3 recites:
3. A virtual physician (MyDoctor) autonomous system comprising testing equipment for allowing the user to carry out the plurality of tests for diagnosing a medical issue of a user, the system comprising:
a. a means for containing and executing a virtual physician software platform (600), the virtual physician software platform (600) comprising:
i. a database of medical records (2100) comprising: A. a medical history of the user, B. a list of pre-existing conditions of the user, and C. a list of medications currently taken by the user, wherein data found in the database of medical records (2100) is received from a plurality of external medical sources (930), such that each medical record is converted to a standard format upon being received by the virtual physician software platform (600); and
ii. a diagnostic module (400) comprising instructions for: A. accessing a disease database of disease symptoms mapped to possible causes, B. accepting a list of user symptoms from the user, C. generating a first table (410) mapping each user symptom to all possible causes for the user symptom, D. generating a second table displaying all possible causes (450) that share every user symptom, E. accepting data from the database of medical records (2100) received from a plurality of external medical sources (930), F. generating, based on the first table and the second table, a probability table ranking all possible causes (450) based on probability of the presence of each possible cause, G. requesting a plurality of tests from the user to better determine the possible cause, H. accepting a set of test results from the user, I. narrowing down the probability table based on the set of test results, and J. autonomously determining a treatment (475) for the possible causes based on the data from the database of medical records (2100), the list of user symptoms, and the set of test results by executing a Random Forest Classifier algorithm;
iii.. a case monitoring module (800) comprising instructions for: i. autonomously monitoring the user's health and recovery as the user carries out the treatment (475) determined by the diagnostic module (400), ii. reminding the user to carry out the prescription related to the treatment (475), iii. comparing an expected recovery time to an actual recovery time to determine if a secondary course of action is necessary, iv. adjusting the prescription as the secondary course of action, and v. adjusting the expected recovery time based on the secondary course of action;
iv. an external communicator module (900) comprising: A. a data encryption module (910) comprising instructions for: I. accepting data from a source, and II. encrypting the data into a standard format, wherein the data encryption module (910) is capable of accepting data directly from the user, or from the plurality of external medical sources (930); B. a data compression module (920) comprising instructions for: I. accepting standard format data from the data encryption module (910), II. compressing the standard format data into compressed data, and III. transmitting the compressed data to an external storage (9000) component or to the plurality of external medical sources (930); wherein the external communicator module (900) comprises instructions for: C. autonomously issuing a request for the prescription to a pharmacy; wherein the external communicator module (900) is configured to communicate with an emergency center to request an ambulance and transmit the user data and a location of the user to the emergency center;
v. a defibrillator module (1600) comprising instructions for: A. providing instructions on how to use a defibrillation device, B. receiving, by a virtual signal analyzer device, a patient condition assessment comprising pulse rate measurements, temperature measurements, respiration rate measurements, and blood pressure measurements; C. determining, based on the patient condition assessment, signs of cardiac arrest, respiratory arrest, or a combination thereof, and D. contacting, by the external communicator module (900), emergency medical aid; and
vi. a psychological therapy module (1700) comprising instructions for: A. analyzing a psychological state of the user based on a tone of voice or facial expression of the user, B. contacting, by the external communicator module (900), emergency medical aid upon the user expressing a desire to commit suicide, and C. providing long-term psychological therapy to the user;
wherein each module of the virtual physician software (600) is capable of transmitting data to all other modules of the virtual physician software platform (600); b. the disease database comprising disease symptoms mapped to possible diseases, c. the defibrillation device for electrically stimulating a heart of the user, communicatively coupled to the defibrillator module (1600); and d. the vital signs analyzer device communicatively coupled to the defibrillator module (1600), configured to measure the pulse rate measurements, the temperature measurements, the respiration rate measurements, and the blood pressure measurements of the user, generate the patient condition assessment based on the pulse rate measurements, the temperature measurements, the respiration rate measurements, and the blood pressure measurements of the user, and transmit the patient condition assessment to the defibrillator module (1600).
The above claim limitations, as drafted, is a machine that, under its broadest reasonable interpretation, covers concepts performed in the human mind (including an observation, evaluation, judgment, and opinion) as Mental processes but for the recitation of generic computer components. That is, other than reciting the bolded limitations above, nothing in the claim precludes the steps from practically being performed in the mind. For example, but for the bolded claim limitations, the claim amounts to collecting healthcare data of a user, analyzing the collected healthcare data of the user to generate a probability table ranking all possible causes for the user symptoms for diagnosis, analyzing collected test results for the user for the diagnosis analysis, analyzing the collected healthcare data to determine a treatment for the user, collecting and analyzing data to issue a request for a determined prescription to a pharmacy and to communicate with an emergency center to request an ambulance, collecting and analyzing vital sings to contact and provide instructions for use of defibrillation to emergency medical aid, collecting and analyzing psychological data of the user to determining the user expressing a desire to commit suicide and contacting emergency medical aid and providing long term psychological therapy in the context of the claim encompasses mimicking the role of a physician through observation, evaluation, judgment, and opinion. If a claim limitation, under its broadest reasonable interpretation, covers concepts performed in the human mind (including an observation, evaluation, judgment, and opinion) but for the recitation of generic computer components, then it falls within the “Mental processes” grouping of abstract ideas. Further, the claim recitation of “executing a Random Forest Classifier algorithm,” recites the abstract idea of a Mathematical concept as a mathematical formula or equation, but for the recitation of generic computer components. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements bolded above, such as using: “a means for containing and executing a virtual physician software” “a database of medical records,” “a diagnostic module,” “”a disease database,” “a case monitoring module,” “the external communicator module,” “a data encryption module,” “a data compression module,” “the treatment module,” “a defibrillator module“, “a vital signal analyzer device,” “a psychological therapy module,” and a “defibrillation device,” to perform the claim limitations. These elements are recited at a high-level of generality (i.e., one or more computing devices such as a personal diagnostic device), a personal computing device, a cloud computing device, a mobile computing device to execute modules and databases as they relate to general purpose computer components; and the vital signal analyzer device recited at a high level of generality as a generic tool (i.e. personal vital signs monitor, personal EKG, Glucometer, etc.) to perform the data collection limitations (Application Specification [0017], [0092], [0098], [0146]-[0147]) such that they amount to no more than mere instructions to apply the exception using generic computer components and merely uses a computer as a tool to perform the abstract idea. See MPEP 2106.05(f). Further, the recited limitations of using “transmitting,”/“transmit” amount to mere data gathering and output recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g). As such, the additional elements do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the above bolded additional elements, such as using: “a means for containing and executing a virtual physician software” “a database of medical records,” “a diagnostic module,” “”a disease database,” “a case monitoring module,” “the external communicator module,” “a data encryption module,” “a data compression module,” “the treatment module,” “a defibrillator module“, “a vital signal analyzer device,” “a psychological therapy module,” and a “defibrillation device,” to perform the limitations amounting to collecting, analyzing, storing, and communicating healthcare data. These elements are recited at a high-level of generality (i.e., one or more computing devices such as a personal diagnostic device), a personal computing device, a cloud computing device, a mobile computing device to execute modules and databases as they relate to general purpose computer components; and the vital signal analyzer device recited at a high level of generality as a generic tool (i.e. personal vital signs monitor, personal EKG, Glucometer, etc.) to perform the data collection limitations (Application Specification [0017], [0092], [0098], [0146]-[0147]) such that they amount to no more than mere instructions to apply the exception using generic computer components and merely uses a computer as a tool to perform the abstract idea. Further, the additional elements of “transmitting,”/”transmit,” the “data encryption module” and the “data compression module” recite well-understood, routine, and conventional activities, simply appending these activities previously known to the industry at a high level of generality to the abstract idea. See MPEP 2106.05(d). The background does not provide any indication that the “transmitting,”/”transmit,” the “data encryption module” and the “data compression module” limitations are anything other than a generic computer component to collect and transmit data in a standard format claimed at a high level of generality. The Symantec, TLI, and OIP Techs court decisions (MPEP 2106.05(d)(II)) indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner. The claim is not patent eligible.
Dependent claims 4-9 include limitations of the independent claim and are directed to the same abstract idea as discussed above and incorporated herein. The dependent claims are rejected under 35 U.S.C. § 101 because they are directed to non-statutory subject matter. The additional elements of these additional claims include informational characteristics on what the healthcare data is and its observation, evaluation, judgment, and opinion for diagnosis and treatment. These information characteristics do not integrate the judicial exception into a practical application, and, when viewed individually or as a whole, they do not add anything substantial beyond collecting, analyzing, storing, and communicating healthcare data. Dependent claim 4 recites the additional elements of “a personal vital sign monitor, a personal EKG, a glucometer, an ultrasound imaging device, a cardiac monitor, and a skin image camera”; however, this amounts to generally linking the use of the abstract idea to a particular technological environment or field of use. See MPEP 2106.05(h). Dependent claim 6 recites the additional element of “a cloud server,” however, this element is recited at a high level of generality such that it related to a general purpose computer component used as a tool to perform the abstract idea. See MPEP 2106,.05(f), Application Specification at [0091]. Furthermore, the combination of elements do not indicate a significant improvement to the functioning of a computer or any other technology. Therefore the dependent claims are rejected under 35 U.S.C. § 101.
Claims 10-17 are drawn to a platform for compiling a user’s medical history to diagnose a medical issue of a user, which is within the four statutory categories (i.e. machine).
Independent Claim 10 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claim 10 recites: […]
a. a means for containing and executing a virtual physician software platform (600), the virtual physician software platform (600) comprising:
an external communicator module (900) for gathering information pertaining to the user's medical history from a plurality of sources, the external communicator module (900) comprising: A. a data encryption module (910) comprising instructions for: I. accepting data from a source, and II. converting the data into a standard format, wherein the data encryption module (900) is capable of accepting data directly from the user, or from a plurality of external medical sources (930); B. a data compression module (920) comprising instructions for: I. accepting standard format data from the data encryption module (910), II. compressing the standard format data into compressed data, and III. transmitting the compressed data to an external storage component (9000) or to the plurality of external medical sources (930); wherein the external communicator module (900) is configured to communicate with an emergency center to request an ambulance and transmit the user data and a location of the user to the emergency center;
ii. a database of medical records (2100) received from the plurality of external medical sources (930) comprising: A. a medical history of the user, B. a list of pre-existing conditions of the user, and C. a list of medications currently taken by the user, wherein data found in the database of medical records (2100) is received from the plurality of external medical sources (930), such that each medical record is converted to a standard format upon being received by the virtual physician software platform (600); and
iii. a diagnostic module comprising instructions for: A. accessing a disease database of disease symptoms mapped to possible causes, B. accepting a list of user symptoms from the user, C. generating a first table (410) mapping each user symptom to all possible causes for the user symptom, D. generating a second table displaying all possible causes (450) that share every user symptom, E. accepting data from the database of medical records (2100), F. generating, based on the first table and the second table, a probability table ranking all possible causes (450) based on probability of the presence of each possible cause, G. requesting a plurality of tests from the user to better determine the possible cause, H. accepting a set of test results from the user, I. narrowing down the probability table based on the set of test results, and J. autonomously determining a treatment (475) for the possible causes based on the data from the database of medical records (2100), the list of user symptoms, and the set of test results,
iv. a case monitoring module (800) comprising instructions for: A. autonomously monitoring the user's health and recovery as the user carries out the treatment (475) determined by the diagnostic module (400), B. reminding the user to carry out a prescription related to the treatment (475), C. comparing an expected recovery time to an actual recovery time to determine if a secondary course of action is necessary, D. adjusting the prescription as the secondary course of action, and E. adjusting the expected recovery time based on the secondary course of action;
v. a defibrillator module (1600) comprising instructions for: A. providing instructions on how to use a defibrillation device, and B. receiving, by a virtual signal analyzer device, a patient condition assessment comprising pulse rate measurements, temperature measurements, respiration rate measurements, and blood pressure measurements; C. determining, based on the patient condition assessment, signs of cardiac arrest, respiratory arrest, or a combination thereof, and D. contacting, by the external communicator module (900), emergency medical aid; and
vi. a psychological therapy module (1700) comprising instructions for: A. analyzing a psychological state of the user based on a tone of voice or facial expression of the user, B. contacting, by the external communicator module (900), emergency medical aid upon the user expressing a desire to commit suicide, and C. providing long-term psychological therapy to the user;
wherein each module of the virtual physician software platform (600) is capable of transmitting data to all other modules of the virtual physician software platform (600); and b. the disease database comprising disease symptoms mapped to possible diseases; c. the external storage (9000) component, d. the defibrillation device for electrically stimulating a heart of the user, communicatively coupled to the defibrillator module (1600); and e. the vital signs analyzer device communicatively coupled to the defibrillator module (1600), configured to measure the pulse rate measurements, the temperature measurements, the respiration rate measurements, and the blood pressure measurements of the user, generate the patient condition assessment based on the pulse rate measurements, the temperature measurements, the respiration rate measurements, and the blood pressure measurements of the user, and transmit the patient condition assessment to the defibrillator module (1600).
The above claim limitations, as drafted, is a machine that, under its broadest reasonable interpretation, covers concepts performed in the human mind (including an observation, evaluation, judgment, and opinion) as Mental processes but for the recitation of generic computer components. That is, other than reciting the bolded limitations above, nothing in the claim precludes the steps from practically being performed in the mind. For example, but for the bolded claim limitations, the claim amounts to collecting healthcare data of a user, analyzing the collected healthcare data of the user to generate a probability table ranking all possible causes for the user symptoms for diagnosis, analyzing collected test results for the user for the diagnosis analysis, analyzing the collected healthcare data to determine a treatment method, collecting and analyzing monitored healthcare data for the user to remind the user to carry out the treatment and determine expected and actual recovery times for determining if a secondary action is necessary, collecting and analyzing vital sings to contact and provide instructions for use of defibrillation to emergency medical aid, collecting and analyzing psychological data of the user to determining the user expressing a desire to commit suicide and contacting emergency medical aid and providing long term psychological therapy, and collecting disease symptoms mapped to possible diseases and disease data and recovery data for a plurality of users in the context of the claim encompasses mimicking the role of a physician through observation, evaluation, judgment, and opinion. If a claim limitation, under its broadest reasonable interpretation, covers concepts performed in the human mind (including an observation, evaluation, judgment, and opinion) but for the recitation of generic computer components, then it falls within the “Mental processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements bolded above, such as using: “a means for containing and executing a virtual physician software”; “an external communicator module,”; “a data encryption module,”; “a data compression module”; “a database of medical records,” “a diagnostic module”; “a disease database,” “a case monitoring module,”; an “external storage component,” “a defibrillator module,“ “a vital signal analyzer device,” “a psychological therapy module,” and “a defibrillation device,” to perform the claim limitations. These elements are recited at a high-level of generality (i.e., one or more computing devices such as a personal diagnostic device), a personal computing device, a cloud computing device, a mobile computing device to execute modules and databases as they relate to general purpose computer components; and the vital signal analyzer device recited at a high level of generality as a generic tool (i.e. personal vital signs monitor, personal EKG, Glucometer, etc.) to perform the data collection limitations (Application Specification [0017], [0092], [0098], [0146]-[0147]) such that they amount to no more than mere instructions to apply the exception using generic computer components and merely uses a computer as a tool to perform the abstract idea. See MPEP 2106.05(f). Further, the recited limitations of using “transmitting,”/“transmit” amount to mere data gathering and output recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g). As such, the additional elements do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the above bolded additional elements, such as using: “a means for containing and executing a virtual physician software”; “an external communicator module,”; “a data encryption module,”; “a data compression module”; “a database of medical records,” “a diagnostic module”; “a disease database,” “a case monitoring module,”; an “external storage component,” “a defibrillator module,“ “a vital signal analyzer device,” “a psychological therapy module,” and “a defibrillation device,” to perform the limitations amounting to collecting, analyzing, storing, and communicating healthcare data. These elements are recited at a high-level of generality (i.e., one or more computing devices such as a personal diagnostic device), a personal computing device, a cloud computing device, a mobile computing device to execute modules and databases as they relate to general purpose computer components; and the vital signal analyzer device recited at a high level of generality as a generic tool (i.e. personal vital signs monitor, personal EKG, Glucometer, etc.) to perform the data collection limitations (Application Specification [0017], [0092], [0098], [0146]-[0147]) such that they amount to no more than mere instructions to apply the exception using generic computer components and merely uses a computer as a tool to perform the abstract idea. See MPEP 2106.05(f). Further, the additional elements of “transmitting,”/”transmit,” the “data encryption module” and the “data compression module” recite well-understood, routine, and conventional activities, simply appending these activities previously known to the industry at a high level of generality to the abstract idea. See MPEP 2106.05(d). The background does not provide any indication that the “transmitting,”/”transmit,” the “data encryption module” and the “data compression module” limitations are anything other than a generic computer component to collect and transmit data in a standard format claimed at a high level of generality. The Symantec, TLI, and OIP Techs court decisions (MPEP 2106.05(d)(II)) indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner. The claim is not patent eligible.
Dependent claims 11-17 include limitations of the independent claim and are directed to the same abstract idea as discussed above and incorporated herein. The dependent claims are rejected under 35 U.S.C. § 101 because they are directed to non-statutory subject matter. The additional elements of the additional claims include informational characteristics on what the healthcare data and its observation, evaluation, judgment, and opinion for diagnosis and treatment. These information characteristics do not integrate the judicial exception into a practical application, and, when viewed individually or as a whole, they do not add anything substantial beyond collecting, analyzing, storing, and communicating healthcare data. Dependent claim 13 recites the additional elements of “a personal vital sign monitor, a personal EKG, a glucometer, an ultrasound imaging device, a cardiac monitor, and a skin image camera”; however, this amounts to generally linking the use of the abstract idea to a particular technological environment or field of use. See MPEP 2106.05(h). Furthermore, the combination of elements does not indicate a significant improvement to the functioning of a computer or any other technology. Therefore the dependent claims are rejected under 35 U.S.C. § 101.
Response to Arguments
Applicant's arguments filed 07/10/2025 have been fully considered but they are not persuasive. Applicant’s arguments will be addressed herein below in the order in which they appear in the response filed on 07/10/2025.
In the remarks, Applicant argues in substance that:
Regarding the 112(b) rejection of claims 1-17, Applicant argues the amendments to the claims overcome the rejections;
Regarding the 101 rejection of claims 1-17, Applicant argues that the claims are directed to significantly more than a judicial exception;
In response to Applicant’s argument that (a) regarding the 112(b) rejection, Examiner is persuaded and has withdrawn the prior 112(b) rejection because the amendments to the claims render the rejection moot.
In response to Applicant’s argument that (b) regarding the 101 rejection, Applicant argues that the claims are directed to significantly more than the judicial exception. Examiner respectfully disagrees.
First, Applicant argues that the limitations of regarding the “external communicator module,” and a defibrillator module for receiving a patient condition assessment by a vital signal analyzer device integrate the claim into a practical application as a technical solution to a technical problem. Examiner respectfully disagrees. First, the external communicator module, the defibrillator module, and the other modules recited in the claim, as well as the defibrillator and vital signal analyzer device, are recited at a high level of generality (i.e. one or more computing devices such as a personal diagnostic device, a personal computing device, a cloud computing device, a mobile computing device to execute modules and databases as they relate to general purpose computer components; and the vital signal analyzer device recited at a high level of generality as a generic tool (i.e. personal vital signs monitor, personal EKG, Glucometer, etc.) to perform the data collection limitations