DETAILED ACTION
Notice of Pre-AIA 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 .
Status of Claims
This Office Action is in response to the communication filed on 01/22/2026.
Claims 1 and 11 have been amended.
Claims 3 and 13 have been previously cancelled.
Claims 18-20 have been withdrawn.
6. Claims 1-2, 4-14 and 14-17 are currently pending and are considered below.
Claim Rejections - 35 USC § 101
7. 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.
8. Claims 11-12 and 14-17 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more. Representative claim 11, recites a method (process), which is a statutory class, executed by a remote computer system, a database, a user interface, and communication networks
the system, comprising:
receiving, using a communications network, a first data request from a remote computer system, the first data request encoding a procedure identifier,
executing a database lookup operation in the preference card data store using the procedure identifier to identify a first set of preference cards, wherein each preference card in the first set of preference cards is associated with a preference card record including a procedure identifier that matches the procedure identifier encoded into the first data request,
determining, for a first preference card in the first set of preference cards, a minimum set of data elements based on the procedure identifier associated with the first preference card,
retrieving, from the preference card data store, a set of data elements associated with the first preference card,
determining a first data element that is included in the minimum set of data elements that is not included in the set of data elements associated with the first preference card,
retrieving, from an additional remote computing system, a value for the first data element for inclusion in the set of data elements associated with the first preference card;
aggregating, responsive to retrieval of the value for the first data element from the additional remote computing system, the value for the first data element into the set of data elements associated with the first preference card;
updating the preference card data store to reflect the value for the first data element as aggregated into the set of data elements associated with the first preference card;
encoding a user interface including descriptions of each of the preference cards in the first set of preference cards;
transmitting, via the communications network, the user interface to the remote computer system;
determining a location of the remote computer system;
when the location of the remote computer system falls outside a predetermined geographic region, encoding the user interface with a first set of patient data; and
when the location of the remote computer system falls within the predetermined geographic region, encoding the user interface with a second set of patient data, including additional patient data than the first set of patient data.
The steps of
receiving, using a communications network, a first data request from a remote computer system, the first data request encoding a procedure identifier,
executing a database lookup operation in the preference card data store using the procedure identifier to identify a first set of preference cards, wherein each preference card in the first set of preference cards is associated with a preference card record including a procedure identifier that matches the procedure identifier encoded into the first data request,
determining, for a first preference card in the first set of preference cards, a minimum set of data elements based on the procedure identifier associated with the first preference card,
retrieving, from the preference card data store, a set of data elements associated with the first preference card,
determining a first data element that is included in the minimum set of data elements that is not included in the set of data elements associated with the first preference card,
retrieving, from an additional remote computing system, a value for the first data element for inclusion in the set of data elements associated with the first preference card;
aggregating, responsive to retrieval of the value for the first data element from the additional remote computing system, the value for the first data element into the set of data elements associated with the first preference card;
updating the preference card data store to reflect the value for the first data element as aggregated into the set of data elements associated with the first preference card;
encoding a user interface including descriptions of each of the preference cards in the first set of preference cards;
transmitting, via the communications network, the user interface to the remote computer system;
determining a location of the remote computer system;
when the location of the remote computer system falls outside a predetermined geographic region, encoding the user interface with a first set of patient data; and
when the location of the remote computer system falls within the predetermined geographic region, encoding the user interface with a second set of patient data, including additional patient data than the first set of patient data
as drafted, is a process that, under its broadest reasonable interpretation, covers a method of organizing human activity. Given the broadest reasonable interpretation, the claim recites a method for managing surgical preferences. If a claim limitation, under its broadest reasonable interpretation, covers managing personal behavior or relationships or interactions between people, then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application because the claims at best would use a remote computer system, a database, a user interface, and communication networks performing the receiving, a first data request from a remote computer system, identify a first set of preference cards, determine a minimum set of data elements, retrieving a set of data elements, determining a first set of data element, retrieving a value for the first data element, aggregating the value for the first data element, updating the preference card data store, transmitting the user interface, determine location of the remote computer system, encoding the user interface, as such the use of a remote computer system, a database, a user interface, and communication networks are recited at a high level of generality (i.e., as a generic processor performing a generic computer function of processing data) such that it amounts to no more than mere instructions to apply the exception using a generic computer component-MPEP 2106.05(f). The combination of these additional elements is no more than mere instructions to apply the exception using a generic device. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits in practicing the abstract idea. The claims are directed to an abstract idea.
Viewed as a whole the claims do not include additional elements that are efficient to amount to significantly more than the judicial exception because as discussed above, the additional elements of a remote computer system, a database, a user interface, and communication networks amount to no more than mere instructions to apply the exception using generic computer components. The additional elements are similar to the additional elements found by courts to be mere instructions to apply an exception because they do no more than merely invoke computers or machinery to perform an existing process such as: a common business method or mathematical algorithm being applied on a general purpose computer (Alice Corp. Pty. Ltd. V. CLS Bank Int’l, 573 US 208, 223; Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334). Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
Thus, considered as an ordered combination, the additional elements add nothing that is not already present when the steps are considered separately. That is, a remote computer system, a database, a user interface, and communication networks, performing tailoring of information, user interactions including: receiving, a first data request from a remote computer system, identify a first set of preference cards, determine a minimum set of data elements, retrieving a set of data elements, determining a first set of data element, retrieving a value for the first data element, aggregating the value for the first data element, updating the preference card data store, transmitting the user interface, determine location of the remote computer system, encoding the user interface, amount to mere instructions to apply the steps to a computer comprising of a processor.
Thus, claim 11 is not eligible.
As for dependent claims 12 and 14-17, these claims recite limitations that further define the same abstract idea noted in claim 11. In addition, they recite the additional elements of transmitting the user interface to the remote computer system amounts to no more than mere instructions to apply the exception using a generic Sample for Healthcare application computer component (Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information). Even in combination, these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself. The claims are ineligible.
Claims 12 and 14-17 are therefore not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Response to Arguments
10. Applicant's arguments filed 01/22/2026 with respect to the rejection of claims 1-2 and 4-10 under 35 U.S.C. 101 have been fully considered and they are persuasive. The rejection of claims 1-2 and 4-10 are therefore withdrawn.
11. Applicant's arguments filed 01/22/2026 with respect to the rejection of claims 11-12 and 14-17 under 35 U.S.C. 101 have been fully considered but they are not persuasive. See new rejection above.
12 The prior art of record,
13. Cannady et al. (U.S. Pub. No. 2017/0068788) talks about
Cannady teaches if a third party vendor 16 is used to obtain an implant and specialized loaner sets of instrumentation are needed, the surgeon 12 may request the implant and/or loaner sets with a vendor preference card 28, which may be maintained and managed by the third party vendor 16 or by a service managing vendor set loaner data and preference card information for the third party instrument owner (see at least paragraph 0039), with paragraph 0036-0037 for hospital clinical system 20 creates a hospital preference card [using preference cards] that includes information needed to schedule and prepare for a surgery. The hospital preference card identifies the needed operating room or rooms, personnel required for the surgery, as well as instrumentation and consumables required for the surgery with the hospital clinical system 20 and the hospital surgical system 26 provides the hospital preference card to the hospital surgical system 26 which schedules the rooms, personnel, and other aspects of the surgery), a first data request from a remote computer system (paragraph 0039 for If a third party vendor 16 is used to obtain an implant and specialized loaner sets of instrumentation are needed, the surgeon 12 [surgeon request is remote from the vendor] may request the implant and/or loaner sets with a vendor preference card 28, which may be maintained and managed by the third party vendor 16 or by a service managing vendor set loaner data and preference card information for the third party instrument owner and paragraph 0036 for doctor's office 12 [receiving a request from a remote system at the doctor’s office], one or more physicians use a hospital clinical system 20 to schedule a surgery. The hospital clinical system 20 may be a hospital records and scheduling system), the first data request encoding a procedure identifier (paragraph 0039 for the vendor preference card 28 is established based upon communication 52 between the surgeon and vendor. It will be recognized that in other embodiments at least some of the communication may be between the surgeon and another third party representing the vendor or providing communication with the vendor with paragraph 0036 for the instrumentation and consumables, the hospital preference card may specifically identify all of the hospital owned assets, including instruments and instrument sets, and/or consumables, but may merely include an identification [identification information for the procedure and the associated instruments] that additional instrumentation or consumables provided by a third party are required. Communication 22 between the hospital clinical system 20 and the hospital surgical system 26 provides the hospital preference card to the hospital surgical system 26 which schedules the rooms, personnel, and other aspects of the surgery with paragraph 0014 for Typically, a hospital clinical system is configured to receive clinician inputs to schedule surgical procedures and identify hospital owned assets required for the respective surgical procedures).
14. Lou (U.S. Pub. No. 2017/0109483) talks about providing logistical management support of objects for consumption (See at least the Abstract) and teaches accessing a substitution database to identify a first substitute item for the first item identified by the first preference card (paragraph 00136 for new products to be added to the system by importing a ‘product .xls’ file or inputting product detail information manually. Product items can also be replaced through the process. The Manage Products process 89 commences at step 91 and provides the hospital manager 31 with two options, one to search for a desired product with keywords at step 93 and the other to integrate the product list with csv file providing new product information);
15. Nawana et al. (U.S. Pub. No. 2014/0081659) talks about various systems and methods are provided for surgical and interventional planning, support, post-operative follow-up, and functional recovery tracking. In general, a patient can be tracked throughout medical treatment including through initial onset of symptoms, diagnosis, non-surgical treatment, surgical treatment, and recovery from the surgical treatment. In one embodiment, a patient and one or more medical professionals involved with treating the patient can electronically access a comprehensive treatment planning, support, and review system. The system can provide recommendations regarding diagnosis, non-surgical treatment, surgical treatment, and recovery from the surgical treatment based on data gathered from the patient and the medical professional(s). The system can manage the tracking of multiple patients, thereby allowing for data comparison between similar aspects of medical treatments and for learning over time through continual data gathering, analysis, and assimilation to decision-making algorithms (see at least the Abstract).
16. Reed et al. (U.S. Patent No. 6,088,717) talks about an automated communications system operates to transfer data, metadata and methods from a provider computer to a consumer computer through a communications network. The transferred information controls the communications relationship, including responses by the consumer computer, updating of information, and processes for future communications. Information which changes in the provider computer is automatically updated in the consumer computer through the communications system in order to maintain continuity of the relationship. Transfer of metadata and methods permits intelligent processing of information by the consumer computer and combined control by the provider and consumer of the types and content of information subsequently transferred. Object oriented processing is used for storage and transfer of information. The use of metadata and methods further allows for automating may of the actions underlying the communications, including communication acknowledgements and archiving of information. Service objects and partner servers provide specialized data, metadata, and methods to providers and consumers to automate many common communications services and transactions useful to both providers and consumers. A combination of the provider and consumer programs and databases allows for additional functionality, including coordination of multiple users for a single database (see at least the Abstract).
17. Updated prior art search found:
18. EIlaissi et al. (U.S. Pub. No. 2015/0127366) discloses systems and methods for management information update based on procedure preference information are disclosed. According to an aspect, a method includes receiving procedure preference information and an associated identifier of a user. The method also includes updating management information for a procedure associated with the identifier of the user based on the procedure preference information.
19. Applicant’s invention distinguishes itself from the prior art (recited above) due to the claimed invention of claims 1-2, 4-12 and 14-17.
Conclusion
20. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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 event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
21. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARILYN G MACASIANO whose telephone number is (571)270-5205. The examiner can normally be reached Monday-Friday 12:00-9:00 pm.
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/MARILYN G MACASIANO/Primary Examiner, Art Unit 3622 05/28/2026
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