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 .
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.
Claims 1-7 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.
Claims 1 and 7 recite the limitation "the intense and persistent oral poison levels of malignant growth treatment". There is insufficient antecedent basis for this limitation in the claim.
Claims 1 and 7 recite the grammatically incorrect limitation of "to anticipate, of which patients and medications are probably going to prompt oral secondary effects" and this renders these claims indefinite.
Claims 1 and 7 recite the limitation of "probably" and this renders these claims indefinite.
Claims 1 and 7 recite the limitation of "a mind-boggling patient populace", it is unclear what is intended by this limitation, and this renders these claims indefinite.
Claim 2 recites the limitation "the significant number". There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the inconveniences". There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "cancer” and it is unclear if this is the same as or different from the same limitations claimed in Claim 1.
Claim 3 recites the limitation "oral health” and it is unclear if this is the same as or different from the same limitations claimed in Claim 1.
Claim 4 recites the limitation of "generally" and this renders these claims indefinite.
Claim 5 recites the limitation "the oral pit". There is insufficient antecedent basis for this limitation in the claim.
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 1-7 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.
Claims 1-7 are directed to an abstract idea without significantly more. The claims recite a mental process that can be performed by a human being and/or a method of organizing human activity.
In regard to Claims 1 and 7, the following limitations can be performed as a mental process by a human being in terms of claiming collecting data, analyzing that data, and providing outputs based on that analysis which has been held by the CAFC to be an abstract idea in decisions such as, e.g., Electric Power Group, University of Florida Research Foundation, and Yousician v Ubisoft (non-precedential); and/or recite a method of organizing human activity in terms of claiming the teaching/training/evaluation of a human subject’s which has been identified by MPEP 2106.04(a)(2)(II) as being a method of organizing human activity, in terms of the Applicant claiming:
[a] method for prolonged bearing of cancer and its treatment on oral health, the method comprises:
detecting or receiving significant number of the intense and persistent oral poison levels of malignant growth treatment […];
removing noise and classifying data into type of the cancer and malignancy of the cancer […];
propelling in […] displaying and profound learning conventions and recognizing people in danger of creating drug poison levels and preparing suppliers to anticipate, of which patients and medications are probably going to prompt oral secondary effects […]; and
providing administration of a mind-boggling patient populace that requires interprofessional cooperation and the usage of an exhaustive, patient-focused approach with an accentuation on oral wellbeing […].
In regard to the dependent claims, they also claim an abstract idea to the extent that they merely claim further limitations that likewise could be performed as a mental process by a human being, and/or a method of organizing human activity.
Furthermore, this judicial exception is not integrated into a practical application because to the extent that additional elements are claimed either alone or in combination such as, e.g., embodying Applicant’s abstract idea as computer software executing on a computer processor and/or a display unit or graphical user interface, these are merely claimed to add insignificant extra-solution activity to the judicial exception (e.g., data gathering), to embody the abstract idea on a general purpose computer, and/or do no more than generally link the use of a judicial exception to a particular technological environment or field of use. In this regard, see MPEP 2106.04(d)(I) in regard to “courts have also identified limitations that did not integrate a judicial exception into a practical application…”
Furthermore, the claims do not include additional elements that taken individually, and also taken as an ordered combination, are sufficient to amount to significantly more than the judicial exception because to the extent that, e.g., embodying Applicant’s abstract idea as computer software executing on a computer processor and/or a display unit or graphical user interface, these are well-understood, routine, and conventional elements and are claimed for the well-understood, routine, and conventional functions of collecting and processing data and/or providing an analysis/outputs based on that processing. To the extent that an apparatus is claimed as an additional element said apparatus fails to qualify as a “particular machine” to the extent that it is claimed generally, merely implements the steps of Applicant’s claimed method, and is claimed merely for purposes of extra-solution activity or field of use. See MPEP 2106.05(b). As evidence that these additional elements are well-understood, routine, and conventional, Applicant’s specification discloses the support for these elements in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. § 112(a). See, e.g., F1 in Applicant’s PGPUB and text regarding same.
Conclusion
The prior art made of record and not relied upon is listed in the attached PTO-Form 892 and is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Mike Grant whose telephone number is 571-270-1545. The Examiner can normally be reached on Monday through Friday between 8:00 a.m. and 5:00 p.m., except on the first Friday of each bi-week.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner's Supervisory Primary Examiner, Peter Vasat can be reached at 571-270-7625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL C GRANT/Primary Examiner, Art Unit 3715