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 .
Notice to Applicant
This communication is in response to the amendment filed 03/13/2026. Claims 19, 34 have been amended. Claims 19, 21-25, 27-39 are presented for examination.
Subject Matter Free of Prior Art
Claim(s) 19, 21-25, 27-39 are allowable over prior art because the prior art of record fail to expressly teach or suggest, either alone or in combination, the features found within the independent claims, in particular: “directing the artificial intelligence to identify relevant clinical data by correlating the analyzed specific types of medical data with the topic input”; “wherein the artificial intelligence is configured to parse the patient medical record information to extract discrete data elements from the laboratory results, medications, and imaging studies, and generate a correlation score between each extracted data element and the topic input to identify the relevant clinical data; wherein the artificial intelligence is configured to pull relevant clinical data associated with a topic during the telehealth visit and provide the pulled relevant clinical data to the billing module in real-time; and wherein the billing module is configured to automatically determine the one or more tasks based on the pulled relevant clinical data and automatically select the proposed billing strategy that yields the highest rate for the provider based on the comparison of total billing time value versus total task value during or immediately after the telehealth visit.” Because the prior art does not teach or disclose the above features in the specific manner and combinations recited in independent claims 19, 34, claims 19, 34 are hereby deemed to be allowable over prior art. Originally numbered dependent claims 21-25, 27-33, 35-39 incorporate the allowable features of originally numbered independent claims 19, 34, through dependency, respectively.
However, the claims are still rejected under 101.
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 19, 21-25, 27-39 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Based upon consideration of all of the relevant factors with respect to the claims as a whole, the claims are directed to non-statutory subject matter which do not include additional elements that are sufficient to amount to significantly more than the judicial exception because of the following analysis:
Claim 19 is drawn to a system which is within the four statutory categories (i.e., method). Claim 34 is drawn to a non-transitory computer readable medium which is within the four statutory categories (i.e., manufacture).
Independent claim 19 recites…connecting a healthcare provider to a patient…; …; receiving patient medical record information…; …; receiving a topic input from the healthcare provider; providing the patient medical record information…to review the patient medical record information and analyze specific types of medical data including at least one of laboratory results, medications, and imaging studies from the patient medical record information; …identify relevant clinical data by correlating the analyzed specific types of medical data with the topic input; [providing] the identified relevant clinical data in a structured format; receiving service information…; receiving pre-teleconference time entry input and/or post-teleconference time entry input from the healthcare provider; …receive service information…; and providing the pre-teleconference time entry or post-teleconference time entry…; …parse the patient medical record information to extract discrete data elements from the laboratory results, medications, and imaging studies, and generate a correlation score between each extracted data element and the topic input to identify the relevant clinical data; …pull relevant clinical data associated with a topic during the telehealth visit and provide the pulled relevant clinical data…in real-time; and…automatically determine the one or more tasks based on the pulled relevant clinical data and automatically select the proposed billing strategy that yields the highest rate for the provider based on the comparison of total billing time value versus total task value during or immediately after the telehealth visit.
Independent claim 34 further recites…proposing at least two billing strategies based on the service information.
Under its broadest reasonable interpretation, the limitations noted above, as drafted, covers certain methods of organizing human activity (i.e., managing personal behavior or relationships or interactions between people…following rules or instructions), but for the recitation of generic computer components. That is, other than reciting a “computer” (claim 34), the claim encompasses rules or instructions followed to conduct and bill a patient appointment. If a claim limitation, under its broadest reasonable interpretation, covers managing personal behavior or relationships or interactions between people, but for the recitation of generic computer components, then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. Accordingly, the claims recite an abstract idea.
Claim 19 recites additional elements (i.e., a telehealth conferencing module; displaying video communication between the healthcare provider and the patient in a teleconferencing pane; an electronic medical record database; an electronic medical record database; displaying the patient medical record information in a health information pane; artificial intelligence; a billing module; a task database). Claim 34 recites additional elements (i.e., A non-transitory computer readable medium comprising computer executable instructions; a computer; a telehealth conferencing module; displaying video communication between the healthcare provider and the patient in a teleconferencing pane; an electronic medical record database; an electronic medical record database; displaying the patient medical record information in a health information pane; artificial intelligence; a billing module; a task database). Looking to the specifications, a computer, a non-transitory computer readable medium comprising computer executable instructions, modules is described at a high level of generality (page 13, 16, 21), such that it amounts to no more than mere instructions to apply the exception using generic computer components. Also, displaying video communication and information in panes is described at a high level of generality, such that it amounts to no more than mere instructions to apply the exception using generic computer components. Also, “an electronic medical record database” and “task database” only invokes the databases merely as a tool in its ordinary capacity to perform an existing process (i.e., storing and transmitting data), which does not impose meaningful limits on the scope of the claim and amounts to no more than a recitation of the words "apply it" (or an equivalent), such as mere instructions to implement an abstract idea on a computer, and only generally links the claimed invention to a particular technological environment or field of use, which does not impose meaningful limits on the scope of the claim. Furthermore, “artificial intelligence” is described at a high level of generality (page 9), such that it is only used to generally apply the abstract idea without placing any limits on how the artificial intelligence functions and only recites the outcome of the abstract idea and does not include details about how “review the patient medical record information,” “identify relevant clinical data associated with a topic,” and “parse the patient medical record information to extract discrete data elements from the laboratory results, medications, and imaging studies, and generate a correlation score between each extracted data element and the topic input to identify the relevant clinical data” is accomplished, and thus, provide nothing more than mere instructions to implement an abstract idea on a generic computer, and merely indicates a field of use or technological environment (i.e., artificial intelligence) in which the judicial exception is performed. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements individually. The additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Accordingly, the claims are directed to an abstract idea.
Reevaluated under step 2B, the additional elements noted above do not provide “significantly more” when taken either individually or as an ordered combination. The use of a general purpose computer or computers (i.e., a computer, a non-transitory computer readable medium comprising computer executable instructions, modules) amounts to no more than mere instructions to apply the exception using generic computer components and does not impose any meaningful limitation on the computer implementation of the abstract idea, so it does not amount to significantly more than the abstract idea. Also, displaying video communication and information in panes is described at a high level of generality, such that it amounts to no more than mere instructions to apply the exception using generic computer components. Also, “an electronic medical record database” and “task database” only invokes the databases merely as a tool in its ordinary capacity to perform an existing process (i.e., storing and transmitting data), which does not impose meaningful limits on the scope of the claim and amounts to no more than a recitation of the words "apply it" (or an equivalent), such as mere instructions to implement an abstract idea on a computer, and only generally links the claimed invention to a particular technological environment or field of use, which does not impose meaningful limits on the scope of the claim. Furthermore, receiving or transmitting data over a network has been recognized by the courts as well-understood, routine, and conventional elements/functions. See: MPEP § 2106.05(d)(II). Furthermore, “artificial intelligence” is described at a high level of generality (page 9), such that it is only used to generally apply the abstract idea without placing any limits on how the artificial intelligence functions and only recites the outcome of the abstract idea and does not include details about how “review the patient medical record information,” “identify relevant clinical data associated with a topic,” and “parse the patient medical record information to extract discrete data elements from the laboratory results, medications, and imaging studies, and generate a correlation score between each extracted data element and the topic input to identify the relevant clinical data” is accomplished, and thus, provide nothing more than mere instructions to implement an abstract idea on a generic computer, and merely indicates a field of use or technological environment (i.e., artificial intelligence) in which the judicial exception is performed. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements individually. The combination of elements does not indicate a significant improvement to the functioning of a computer or any other technology and their collective functions merely provide a conventional computer implementation of the abstract idea. Furthermore, the additional elements or combination of elements in the claims, other than the abstract idea per se, amount to no more than a recitation of generally linking the abstract idea to a particular technological environment or field of use, as the courts have found in Parker v. Flook; similarly, the current invention merely limits the claimed calculations to the healthcare industry which does not impose meaningful limits on the scope of the claim. Therefore, there are no limitations in the claims that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception.
Dependent claims 21-25, 27-33, 35-39 include all the limitations of the parent claims and further elaborate on the abstract idea discussed above and incorporated herein.
Claims 21-25, 29-33, 35, 38-39 further define the analysis and organization of data for the performance of the abstract idea and do not recite any additional elements. Thus, the claims do not integrate the abstract idea into a practical application and do not provide “significantly more.”
Claims 27-28, 36-37 further recites the additional elements of “a graphical user interface” and “an interface,” respectively, which is described at a high level of generality, such that it amounts to no more than mere instructions to apply the exception using generic computer components. Also, functional limitations further define the analysis and organization of data for the performance of the abstract idea. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements individually. Thus, the claims as a whole do not integrate the abstract idea into a practical application and do not provide “significantly more.”
Although the dependent claims add additional limitations, they only serve to further limit the abstract idea by reciting limitations on what the information is and how it is received and used. These information characteristics do not change the fundamental analogy to the abstract idea grouping of “Certain Methods of Organizing Human Activity,” and, when viewed individually or as a whole, they do not add anything substantial beyond the abstract idea. Furthermore, the combination of elements does not indicate a significant improvement to the functioning of a computer or any other technology. Therefore, the claims when taken as a whole are ineligible for the same reasons as the independent claims.
Response to Arguments
Applicant's arguments filed 03/13/2026 have been fully considered but they are not persuasive. Applicant’s arguments will be addressed hereinbelow in the order in which they appear in the response filed 03/13/2026.
In the remarks, Applicant argues in substance that:
Regarding the 101 rejections,
“The amended limitation in claim 19 describes a specific data processing technique involving parsing patient medical record information, extracting discrete data elements from specific medical data types, and generating a correlation score between extracted elements and the topic input. This is not a generic recitation of Al functionality, but rather a defined algorithmic process for analyzing and correlating medical data… The correlation score generation recited in claim 19 as amended represents a specific technical improvement to how telehealth systems process and present medical information. Rather than simply displaying all available medical records, the system performs computational analysis to score and rank the relevance of discrete data elements against the provider's topic input. This technical approach improves the functioning of the telehealth system itself by enabling targeted, relevant data presentation... Combined with the new parsing and correlation score limitation, these elements describe a specific technical solution for integrating Al-driven medical data analysis within a real- time telehealth environment… This demonstrates a technical integration between the Al-processed clinical data display and the automated billing functionality that is rooted in the specific architecture of the claimed system. The combination of elements in claim 19 as amended-including the telehealth conferencing module with video communication, the health information pane displaying Al-processed medical data, the parsing of discrete data elements, the generation of correlation scores, and the real-time provision of correlated clinical data to the billing module-represents an integrated technical system that goes beyond merely automating manual billing processes… the particular technical operations performed by the Al: parsing medical records, extracting discrete data elements from specific data types including laboratory results, medications, and imaging studies, and generating correlation scores…are not abstract concepts but specific data processing operations… The claims recite a specific technical implementation for processing medical data in a telehealth environment, including the generation of correlation scores to identify relevant clinical data. This represents a practical application of Al technology to improve the delivery of telehealth services”; and
“the ordered combination of elements in claims 19 and 34 as amended-including the specific Al parsing and correlation score generation, the real- time integration with the billing module, and the structured display of correlated clinical data-amounts to significantly more than any alleged abstract idea. The claims do not merely recite generic computer implementation but instead describe a specific technical architecture for Al-driven medical data analysis within a telehealth platform.”
It is respectfully submitted that Examiner has considered Applicant’s arguments and does not find them persuasive. Examiner has attempted to address all of the arguments presented by Applicant; however, any arguments inadvertently not addressed are not persuasive for at least the following reasons:
In response to Applicant’s argument that (a) regarding the 101 rejections,
“The amended limitation in claim 19 describes a specific data processing technique involving parsing patient medical record information, extracting discrete data elements from specific medical data types, and generating a correlation score between extracted elements and the topic input. This is not a generic recitation of Al functionality, but rather a defined algorithmic process for analyzing and correlating medical data… The correlation score generation recited in claim 19 as amended represents a specific technical improvement to how telehealth systems process and present medical information. Rather than simply displaying all available medical records, the system performs computational analysis to score and rank the relevance of discrete data elements against the provider's topic input. This technical approach improves the functioning of the telehealth system itself by enabling targeted, relevant data presentation... Combined with the new parsing and correlation score limitation, these elements describe a specific technical solution for integrating Al-driven medical data analysis within a real- time telehealth environment… This demonstrates a technical integration between the Al-processed clinical data display and the automated billing functionality that is rooted in the specific architecture of the claimed system. The combination of elements in claim 19 as amended-including the telehealth conferencing module with video communication, the health information pane displaying Al-processed medical data, the parsing of discrete data elements, the generation of correlation scores, and the real-time provision of correlated clinical data to the billing module-represents an integrated technical system that goes beyond merely automating manual billing processes… the particular technical operations performed by the Al: parsing medical records, extracting discrete data elements from specific data types including laboratory results, medications, and imaging studies, and generating correlation scores…are not abstract concepts but specific data processing operations… The claims recite a specific technical implementation for processing medical data in a telehealth environment, including the generation of correlation scores to identify relevant clinical data. This represents a practical application of Al technology to improve the delivery of telehealth services”:
It is respectfully submitted that Applicant argues “a specific data processing technique involving parsing patient medical record information, extracting discrete data elements from specific medical data types, and generating a correlation score between extracted elements and the topic input…a defined algorithmic process for analyzing and correlating medical data.” However, the claim limitations to which Applicant refer as “a specific data processing technique involving parsing patient medical record information, extracting discrete data elements from specific medical data types, and generating a correlation score between extracted elements and the topic input…a defined algorithmic process for analyzing and correlating medical data” are interpreted as part of the abstract idea of rules or instructions followed to conduct and bill a patient appointment, and not additional elements to be interpreted in Step 2A, Prong Two. The “artificial intelligence” is described at a high level of generality (page 9), such that it is only used to generally apply the abstract idea without placing any limits on how the artificial intelligence functions and only recites the outcome of the abstract idea and does not include details about how “review the patient medical record information,” “identify relevant clinical data associated with a topic,” and “parse the patient medical record information to extract discrete data elements from the laboratory results, medications, and imaging studies, and generate a correlation score between each extracted data element and the topic input to identify the relevant clinical data” is accomplished, and thus, provide nothing more than mere instructions to implement an abstract idea on a generic computer, and merely indicates a field of use or technological environment (i.e., artificial intelligence) in which the judicial exception is performed. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements individually.
Applicant argues “The correlation score generation recited in claim 19 as amended represents a specific technical improvement to how telehealth systems process and present medical information. Rather than simply displaying all available medical records, the system performs computational analysis to score and rank the relevance of discrete data elements against the provider's topic input. This technical approach improves the functioning of the telehealth system itself by enabling targeted, relevant data presentation.” However, Applicant fails to specify how “enabling targeted, relevant data presentation” is “a specific improvement.” Furthermore, the claim limitations to which Applicant refer as “computational analysis to score and rank the relevance of discrete data elements against the provider's topic input” are interpreted as part of the abstract idea of rules or instructions followed to conduct and bill a patient appointment, and not additional elements to be interpreted in Step 2A, Prong Two.
Applicant argues “Combined with the new parsing and correlation score limitation, these elements describe a specific technical solution for integrating Al-driven medical data analysis within a real- time telehealth environment... This demonstrates a technical integration between the Al-processed clinical data display and the automated billing functionality that is rooted in the specific architecture of the claimed system.” However, Applicant fails to specify how “integrating Al-driven medical data analysis within a real- time telehealth environment” is “a specific technical solution.” Furthermore, the claim limitations to which Applicant refer (i.e., “identify relevant clinical data by correlating the analyzed specific types of medical data with the topic input; [providing] the identified relevant clinical data in a structured format”; “parse the patient medical record information to extract discrete data elements from the laboratory results, medications, and imaging studies, and generate a correlation score between each extracted data element and the topic input to identify the relevant clinical data”) are interpreted as part of the abstract idea of rules or instructions followed to conduct and bill a patient appointment, and not additional elements to be interpreted in Step 2A, Prong Two. The “artificial intelligence” is described at a high level of generality (page 9), such that it is only used to generally apply the abstract idea without placing any limits on how the artificial intelligence functions and only recites the outcome of the abstract idea and does not include details about how “review the patient medical record information,” “identify relevant clinical data associated with a topic,” and “parse the patient medical record information to extract discrete data elements from the laboratory results, medications, and imaging studies, and generate a correlation score between each extracted data element and the topic input to identify the relevant clinical data” is accomplished, and thus, provide nothing more than mere instructions to implement an abstract idea on a generic computer, and merely indicates a field of use or technological environment (i.e., artificial intelligence) in which the judicial exception is performed. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements individually.
Applicant argues “The combination of elements in claim 19 as amended-including the telehealth conferencing module with video communication, the health information pane displaying Al-processed medical data, the parsing of discrete data elements, the generation of correlation scores, and the real-time provision of correlated clinical data to the billing module-represents an integrated technical system that goes beyond merely automating manual billing processes… the particular technical operations performed by the Al: parsing medical records, extracting discrete data elements from specific data types including laboratory results, medications, and imaging studies, and generating correlation scores…are not abstract concepts but specific data processing operations.” However, Applicant fails to specify how the “integrated technical system…goes beyond merely automating manual billing processes.” Furthermore, “the telehealth conferencing module with video communication” to which Applicant refers is described at a high level of generality, such that it amounts to no more than mere instructions to apply the exception using generic computer components. Also, “the health information pane displaying Al-processed medical data” to which Applicant refers is described at a high level of generality, such that it amounts to no more than mere instructions to apply the exception using generic computer components. Furthermore, the claim limitations to which Applicant refer as “the parsing of discrete data elements, the generation of correlation scores, and the real-time provision of correlated clinical data to the billing module” and “parsing medical records, extracting discrete data elements from specific data types including laboratory results, medications, and imaging studies, and generating correlation scores” are interpreted as part of the abstract idea of rules or instructions followed to conduct and bill a patient appointment, and not additional elements to be interpreted in Step 2A, Prong Two. The “artificial intelligence” is described at a high level of generality (page 9), such that it is only used to generally apply the abstract idea without placing any limits on how the artificial intelligence functions and only recites the outcome of the abstract idea and does not include details about how “review the patient medical record information,” “identify relevant clinical data associated with a topic,” and “parse the patient medical record information to extract discrete data elements from the laboratory results, medications, and imaging studies, and generate a correlation score between each extracted data element and the topic input to identify the relevant clinical data” is accomplished, and thus, provide nothing more than mere instructions to implement an abstract idea on a generic computer, and merely indicates a field of use or technological environment (i.e., artificial intelligence) in which the judicial exception is performed. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements individually.
Applicant argues “The claims recite a specific technical implementation for processing medical data in a telehealth environment, including the generation of correlation scores to identify relevant clinical data. This represents a practical application of Al technology to improve the delivery of telehealth services.” However, “processing medical data… including the generation of correlation scores to identify relevant clinical data” addresses an administrative problem, and not a technical problem to any specific devices, technology, or computers for that matter, and thus, the claims do not provide a technical solution. Even if the claims provide the alleged improvements, any alleged benefits of the invention are at best, an improvement to the abstract idea of rules or instructions followed to conduct and bill a patient appointment. However, an improved abstract idea is still an abstract idea and the claims do not provide a technical improvement.
Furthermore, as stated previously in Office Action dated 01/02/2026 and above, the claims of the present invention do not invent or improve AI, but only use AI technology to generally apply the abstract idea without placing any limits on how the artificial intelligence functions and only recites the outcome of the abstract idea and does not include details about how “review the patient medical record information,” “identify relevant clinical data associated with a topic,” and “parse the patient medical record information to extract discrete data elements from the laboratory results, medications, and imaging studies, and generate a correlation score between each extracted data element and the topic input to identify the relevant clinical data is accomplished, and thus, provide nothing more than mere instructions to implement an abstract idea on a generic computer, and merely indicates a field of use or technological environment (i.e., artificial intelligence) in which the judicial exception is performed. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements individually.
Thus, the claims are directed to an abstract idea and the claim as a whole does not integrate the recited judicial exception into a practical application.
“the ordered combination of elements in claims 19 and 34 as amended-including the specific Al parsing and correlation score generation, the real- time integration with the billing module, and the structured display of correlated clinical data-amounts to significantly more than any alleged abstract idea. The claims do not merely recite generic computer implementation but instead describe a specific technical architecture for Al-driven medical data analysis within a telehealth platform”:
Applicant argues “the ordered combination of elements in claims 19 and 34 as amended-including the specific Al parsing and correlation score generation, the real- time integration with the billing module, and the structured display of correlated clinical data-amounts to significantly more than any alleged abstract idea. The claims do not merely recite generic computer implementation but instead describe a specific technical architecture for Al-driven medical data analysis within a telehealth platform.” However, Applicant fails to specify how “the ordered combination of elements…amounts to significantly more.” As stated previously above, the claim limitations to which Applicant refer as the “parsing and correlation score generation” are interpreted as part of the abstract idea of rules or instructions followed to conduct and bill a patient appointment, and not additional elements to be interpreted in Step 2A, Prong Two. The “artificial intelligence” is described at a high level of generality (page 9), such that it is only used to generally apply the abstract idea without placing any limits on how the artificial intelligence functions and only recites the outcome of the abstract idea and does not include details about how “review the patient medical record information,” “identify relevant clinical data associated with a topic,” and “parse the patient medical record information to extract discrete data elements from the laboratory results, medications, and imaging studies, and generate a correlation score between each extracted data element and the topic input to identify the relevant clinical data” is accomplished, and thus, provide nothing more than mere instructions to implement an abstract idea on a generic computer, and merely indicates a field of use or technological environment (i.e., artificial intelligence) in which the judicial exception is performed. The billing module” is described at a high level of generality, such that it amounts to no more than mere instructions to apply the exception using generic computer components. Also, displaying video communication and information in panes is described at a high level of generality, such that it amounts to no more than mere instructions to apply the exception using generic computer components. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements individually.
Thus, the claim as a whole does not amount to significantly more than the judicial exception.
Thus, Examiner maintains the 101 rejections of claims 19, 21-25, 27-39, which have been updated to address Applicant’s amendments and remarks and to comply with the 2019 Revised Patent Subject Matter Eligibility Guidance in the above Office Action and the 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence in the above Office Action.
Conclusion
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Emily Huynh whose telephone number is (571)272-8317. The examiner can normally be reached on M-Th 8-5 PM.
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/EMILY HUYNH/Primary Examiner, Art Unit 3683
Prosecution Insights