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 .
DETAILED ACTION
Continued Examination Under 37 CFR 1.114
1. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 15, 2026, has been entered.
Response to Amendment
2. Claims 1, 25, 28, 77 and 78 have been amended and claim 52 canceled as requested in the amendment filed on September 15, 2026, 2026. Following the amendment, claims 1, 2, 9, 16, 19, 20, 23-25, 28, 49, 50 and 74-80 are pending in the instant application.
3. Claims 28, 74-78 and 80, previously withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention(s), see election made in the reply filed on September 16, 2025, are now rejoined.
4. Claims 1, 2, 9, 16, 19, 20, 23-25, 28, 49, 50 and 74-80 are under examination.
5. Any objection or rejection of record, which is not expressly repeated in this action has been overcome by Applicant’s response and withdrawn.
Claim Objections
6. Claim 28 is objected to because of the following informalities:
The claim recites acronyms without first providing the full name of the terms. It is suggested that the terms be spelled out at their first use and in all independent claims so that it is clearly understood what they stand for. Appropriate correction is suggested.
7. Further, claim 28, as amended, recites steps with repeated numbering, see step b) of claim 1 followed by steps a), b) to o) of claim 28. Applicant is advised to renumber the steps so that there is no uncertainty of the order.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
8. Claims 25 and 75 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
9. Claim 25, as amended, is indefinite for reasons that follow. The claim reads, “[T]he method of claim 24, wherein the change is worsening of one or more symptoms of the respiratory illness and the patient is assessed for requirement for mechanical ventilation or mechanically ventilating the patient when the patient is determined to require mechanical ventilation.” Note that claim 25 ultimately depends from claim 1, which reads in the first step “I) determining a patient outcome risk of […] requiring mechanical ventilation,” and in the final step “II) […] mechanically ventilating the patient.” Thus, claim 25 appears recite several assessments for mechanical ventilation as well as several requirements to practice the procedure, which renders subject matter vague.
10. Claim 75 recites the limitation "inputs" in step c) of claim 28. There is insufficient antecedent basis for this limitation in the claim.
Conclusion
11. Claims 1, 2, 9, 16, 19, 20, 23, 24, 49, 50, 77 and 79 are allowed. Claims 25 and 75 are rejected. Claim 28 is objected to. Claims 74, 76, 78 and 80 are objected for being dependent from objected claim.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLGA N CHERNYSHEV whose telephone number is (571)272-0870. The examiner can normally be reached 9AM to 5:30PM, Monday to Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Stucker can be reached at (571)272-0911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OLGA N CHERNYSHEV/ Primary Examiner, Art Unit 1675
September 30, 2026
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