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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10, 2026, has been entered.
Response to Amendment
2. Claims 52-56, 59 and 60 have been amended as requested in the amendment filed on September 10, 2026. Following the amendment, claims 44-60 are pending in the instant application.
3. Claims 44-60 are under examination in the instant office action.
4. Any objection or rejection of record, which is not expressly repeated in this action has been overcome by Applicant’s response and withdrawn.
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.
5. Claims 52-60, as amended, 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.
6. Claims 52, 54, 55, 56, 59 and 60, as currently presented, are indefinite for reciting limitations “using a prediction model” or “using an additional prediction model.” First, the claims provide for the use of a prediction model but, since the claims do not set forth any steps involved in the “using,” it is unclear what method/process applicant is intending to encompass. A claim is indefinite where it merely recites a use without any active, positive steps delimiting how this using is actually practiced. Second, the claims appear to recite at least two different prediction models, the first one as in independent claims 52 and 59, and the second one of the dependent claims 54 and 60, with potentially two more of claims 55 and 56. There appears no definitive boundaries set forth within the claims to delineate the models and to distinguish them. This renders the claims indefinite. Applicant is advised that if the claimed method of claim 52, for example, is limited to the active steps of calculating a prediction score by inputting a set of values into the formula recited therein, then deleting the limitation “using a prediction model” would obviate this ground of rejection. Alternatively, if the limitation describing prediction model(s) carries patentable weight and is critical to the inventive concept presented within the claims, then the rejection could be obviated by setting forth meaningful, active, physical and repeatable steps to support the “using.”
7. Claims 53, 57 and 58 are indefinite for being dependent from indefinite claim(s).
Conclusion
8. Claims 44-51 are allowed. Claims 52-60 are rejected.
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 23, 2026
