Detailed Action
This application filed on 04/18/2023 and preliminary amendments filed on 08/03/2023. This application is a continuation of 17147812, filed 01/13/2021, now U.S. Patent # 11663400, 17147812 is a Continuation of 14959775, filed 12/04/2015, now U.S. Patent # 10909312, 14959775 Claims Priority from Provisional Application 62088023, filed 12/05/2014.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 2-25 are pending.
Claims 2-25 are rejected.
Information Disclosure Statement
The information disclosure Statement (IDS) submitted on 08/11/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS statements are being considered by the examiner.
Drawings
The drawings submitted on 04/18/2023 are accepted.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 2-25 are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1, and 22 of U.S patent# 10909312 B1 in view of Hallwachs (US 20150363563 A1, referred hereinafter as D1). For instance, all limitation of claims 2, 10, 14, and 22 are disclosed by claims 1, and 22 of U.S patent# 10909312 B (see table below); except for the limitation of “third party” and recited limitations of claims 3-9, 11-13, 15-21, and 23-25.
However, D1 (0016-0017, 0020, 0125, 0135) discloses all the limitation of claims 3-9, 11-13, 15-21, and 23-25 including downloading one or more templates including directives to one or terminals/application, for specific patient or plurality of patients, to collect health related data from third party repository servers and various sensors accessible to terminals/application, and based on based on the template, analyze the data, transmit sensor data to specific repositories, users for display, and/or servers for post processing. Note: See, specific claim limitation mapping to D1 reference as included below under 103 rejection heading.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to include the teachings of D1 as noted above. This would have obvious with predicable results of efficiently and effectively collecting health data from various third party devices/repository as disclosed by D1.
Current Application
U.S patent# 10909312 B1
Claim 2
Claim 1
Claim 10
Claim 1
Claim 14
Claim 22
Claim 22
Claim 22
Claims 2-25 are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1, and 22 of U.S. U.S patent# 11663400 B2 in view of Hallwachs (US 20150363563 A1, referred hereinafter as D1). For instance, all limitation of claims 2, 10-11, and 14 are disclosed by claims 1, 9, 10 and 24 (see table below); except for the limitation of “third party”, and recited limitations of claims 2-9, 12-13, and 15-25.
However, D1 (0016-0017, 0020, 0125, 0135) discloses all the limitation of claims 2-9, 12-13, and 15-25 including downloading one or more templates including directives to one or terminals/application, for specific patient or plurality of patients, to collect health related data from third party repository servers and various sensors accessible to terminals/application, and based on based on the template, analyze the data, transmit sensor data to specific repositories, users for display, and/or servers for post processing. Note: See, specific claim limitation mapping to D1 reference as included below under 103 rejections heading.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, to include the teachings of D1 as noted above. This would have obvious with predicable results of efficiently and effectively collecting health data from various third party devices/repository as disclosed by D1.
Current Application
U.S patent# 11663400 B2
Claim 2
Claim 1
Claim 10
Claim 9
Claim 11
Claim 10
Claim 14
Claim 24
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 2 is rejected under 35 U.S.C. 101 as being directed to abstract idea without significantly more.
Representative claim 2 is directed to A method to configure a template for a research program, using operations performed within a computing system, the operations comprising:
associating a template with a software application, the software application configured to provide a participant user interface based on a configuration defined by the template, wherein the participant user interface enables interaction with a respective participant of a plurality of human study participants of the research program, and wherein the participant user interface exchanges program data with the respective participant in the form of survey assessments and feedback via a mobile device in the possession of the respective participant;
associating the template with one or more tools, the one or more tools configured to retrieve and process data related to the respective participant from a computing system operated by a third party;
defining rules of operation for the template, the rules of operation configured to apply the one or more tools to the program data; and
outputting the template for use in the research program, wherein the template is deployed to the mobile device to cause output and receive input and to exchange the program data with the respective participant via the software application.
Per prong 1, Step 2A, the above emphasized element/concepts are not meaningfully different than those concepts found by the courts to be abstract, namely, mental processes including concepts performed in the human mind (including an observation, evaluation, judgment, opinion) and/or humans using pen and paper (see, October 2019 Patent Eligibility Guidance Update, 84 Fed. Reg. 55,942, hereinafter “PEG”). For instance, humans can mentally and/or via aid of pen/paper perform a method to configure a template for a research program, using operations performed within [system/process], the operations comprising: associating mentally and/or via pen paper a template with a software application, where the software application can be anything including configured to provide a participant user interface based on a configuration defined by the template, wherein the participant user interface enables interaction with a respective participant of a plurality of human study participants of the research program, and wherein the participant user interface exchanges program data with the respective participant in the form of survey assessments and feedback via a mobile device in the possession of the respective participant; associating mentally and/or via pen paper , the template with one or more tools, the one or more tools configured to retrieve and process data related to the respective participant from a computing system operated by a third party; defining rules mentally and/or via pen/paper of operation for the template, the rules of operation configured to apply the one or more tools to the program data; and outputting the template via pen/paper for use in the research program, wherein the template is deployed to the mobile device to cause output and receive input and to exchange the program data with the respective participant via the software application
Per prong 2, Step 2A, the additional non-emphasized elements as noted above; namely; “computing system” and/or even for arguments sake “the software application configured to provide a participant user interface based on a configuration defined by the template, wherein the participant user interface enables interaction with a respective participant of a plurality of human study participants of the research program, and wherein the participant user interface exchanges program data with the respective participant in the form of survey assessments and feedback via a mobile device in the possession of the respective participant; the one or more tools configured to retrieve and process data related to the respective participant from a computing system operated by a third party; the rules of operation configured to apply the one or more tools to the program data; and wherein the template is deployed to the mobile device to cause output and receive input and to exchange the program data with the respective participant via the software application”; are mere data gathering/sending steps/insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g) and/or are merely adding words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(d, f, g, h). Additionally, the recited claim limitations do not improve the functionality of the electronic device or achieve improved technical results.
Per Step 2B, the additional non-emphasized elements as noted above; namely; “computing system” and/or even for arguments sake “the software application configured to provide a participant user interface based on a configuration defined by the template, wherein the participant user interface enables interaction with a respective participant of a plurality of human study participants of the research program, and wherein the participant user interface exchanges program data with the respective participant in the form of survey assessments and feedback via a mobile device in the possession of the respective participant; the one or more tools configured to retrieve and process data related to the respective participant from a computing system operated by a third party; the rules of operation configured to apply the one or more tools to the program data; and wherein the template is deployed to the mobile device to cause output and receive input and to exchange the program data with the respective participant via the software application”; are mere data gathering/sending steps/insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g) and/or are merely adding words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(d, f, g, h). Additionally, the recited claim limitations do not improve the functionality of the electronic device or achieve improved technical results. Accordingly, the above limitations singularly or in combination do not result in the claim as a whole amounting to significantly more than the judicial exception.
Accordingly, claim 2 is rejected under 35 U.S.C. 101 as being directed to an abstract idea without significantly more.
Independent claims 14 is a medium claim corresponding to method claim 2 and is of substantially same scope.
Accordingly, claims 14 is rejected under the same rational as set forth for claim 2.
Dependent claims 3-13, and 15-25, when considered individually or in combination per steps as noted above are rejected under the same rational as set forth above for claims 2 and 14. In particular, claims 3-13, and 15-25 describe mental steps with aid of paper/pen to create/use templates, apply algorithm to data, associating periods of interaction, associating participants with other participants, tailoring interactions, as well as additional elements of gathering/integrating data from various sources/sensors/participants, delivering data/results/interactions, deploying templates which does not impose meaningful limitation to abstract idea (Per prong 2, Step 2A, and Step 2B) and same analysis and conclusion apply as noted for claims 1, 10, 20.
Accordingly, claims 2-25 are rejected under 35 U.S.C. 101 as being directed to abstract idea.
Examiner Notes
Examiner cites particular columns, paragraphs, figures and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2-25 are rejected under 35 U.S.C. 103 as being unpatentable over Hallwachs (US 20150363563 A1, referred hereinafter as D1) in view of Ross (US 20080312510 A1, referred hereinafter as D2).
As per claim 2, D1 discloses,
A method to configure a template for a research program, using operations performed within a computing system, the operations comprising, (D1, abstract, 0014, 0016, 0020, 0022 discloses configuring templates/directive via and/or based on which data is collected from various devices/sensors/patients.).
associating a template with a software application, (D1, abstract, 0014, 0016, 0020, 0022 discloses configuring and loading, to patient/provider terminal device /application, templates/directive based on which data is collected from various devices/sensors/patients.).
the software application configured to provide a participant user interface based on a configuration defined by the template, (D1, abstract, 0010, 0014, 0016, 0020, 0022, 0130 discloses configuring and loading, to patient/provider terminal device /application, templates/directive based on which data is collected from various devices/sensors/patients, where D1 further discloses terminal/application based on templates to provide a participant user interface based on a configuration defined by the template (e.g. streaming video application for education purposes).).
wherein the participant user interface enables interaction with a respective participant of a plurality of human study participants of the research program, (D1, abstract, 0010, 0014, 0016, 0020, 0022, 0130 discloses configuring and loading, to patient/provider terminal device /application, templates/directive based on which data is collected from various devices/sensors/patients, where D1 further discloses terminal/application based on templates to provide a participant user interface, wherein the participant user interface enables interaction with a respective participant of a plurality of human study participants of the research program.).
associating the template with one or more tools, the one or more tools configured to retrieve and process data related to the respective participant from a computing system operated by third party, (D1, 0014, 0016-0017, 0020, 0125, 0135, 0140-0142 discloses downloading one or more templates including directives to one or terminals/application, for specific patient or plurality of patients, to collect health related data from third party repository servers and various sensors accessible to terminals/application, and based on based on the template, analyze the data, transmit sensor data to specific repositories, users for display, and/or servers for post processing).
defining rules of operation for the template, the rules of operation configured to apply the one or more tools to the program data, (D1, 0105-0107, 0115, 0135, 0140-0142 discloses one or more templates includes directive and policies for specific patient or plurality of patients, to collect raw health related data from specific sensors using specific applications downloaded to users devices, and based on the template, transforming raw data, and transmitting the transformed raw sensor data to specific repositories, users for display, and/or servers for post processing to produce alerts, where the data is transmitted in secure or encrypted manner, where directives further includes analysis rules to detect alert conditions, and producing alerts based on detected conditions for specific patients/projects.).
and outputting the template for use in the research program, wherein the template is deployed to the mobile device to cause output and receive input and to exchange the program data with the respective participant via the software application, (D1, 0014, 0016-0017, 0020, 0105-0107, 0115, discloses using one or more templates and configuring directives/protocols, and saving configurations/templates/protocols for repeatable data collection projects, where D1, 0126-0130 furthers discloses SNA (e.g. mobile device) receiving outputted educational templates defining/including interface to display interactive content to patients, and capture active patient participation and report captured information to the patients EMR… to provide feedback as part of fulling the one ore data collection characteristics of the project.).
As noted above, D1 discloses wherein the participant user interface enables interaction with a respective participant of a plurality of human study participants of the research program, and mobile device; however, D1 fails to expressly disclose - and wherein the participant user interface exchanges program data with the respective participant in the form of survey assessments and feedback via a mobile device in the possession of the respective participant.
D2 (abstract, figure 1, 3, 6a, 0019, 0065) shows/discloses the participant user interface enables interaction with a respective participant of a plurality of human study participants of the research program (e.g., figure 6a), and wherein the participant user interface exchanges program data with the respective participant in the form of survey assessments (e.g., questionnaire) and feedback (e.g. questionnaire/recommendation) via a mobile device in the possession of the respective participant.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention, as disclosed in D1, to include the teachings of D2 as noted above. This would have obvious with predicable results of efficiently and effectively collecting health data via one or more automated processes in order to improve participant health as disclosed by D2 (0063).
As per claim 3, the rejection of claim 2 further incorporated, D1 discloses,
wherein the template includes a configuration that enables the program data from the software application and the data from the third party computing system to be integrated in a common local repository, wherein the common local repository is configured to manage the program data from interactions with the respective participant according to a protocol assigned to the respective participant, (D1, 0014, 0016-0017, 0020, 0135, 0140-0142 discloses downloading one or more templates including directives to one or terminals/application, for specific patient or plurality of patients, to collect health related data from third party repository servers and various sensors accessible to terminals/application, and based on based on the template, aggregate the data into a common record, analyze the data, transmit data to specific repositories, users for display, servers for post processing, and for subsequent access by authorized users (e.g. manage the program data from interactions with the respective participant according to a protocol assigned to the respective participant). Additionally, see D2 abstract, figure 1, 3, 6a, 0019, 0065 also discloses the above limitations.).
As per claim 4, the rejection of claim 1 further incorporated, D1 discloses,
wherein the third party computing system provides readings from a sensor device associated with the respective participant, (D1, 0014, 0016-0017, 0020, 0135, 0125, 0140-0142 discloses downloading one or more templates including directives to one or terminals/application, for specific patient or plurality of patients, to collect health related data from third party repository servers, where third party repository servers may collect data related to the patient from various remote sensors.).
As per claim 5, the rejection of claim 4 further incorporated, D1 discloses,
wherein the sensor device is a wearable sensor device, (D1, 0017 discloses wearable sensors used for collecting patient data).
As per claim 6, the rejection of claim 4 further incorporated, D1 discloses,
wherein the sensor device resides within a home or workplace of the respective participant, (D1, abstract, 0017 discloses wearable sensors used for collecting patient data, where patient can be at home.).
As per claim 7, the rejection of claim 4 further incorporated, D1 discloses,
wherein the rules of operation establish criteria or delivery settings for one or more assessments or interaction activities exchanged with the respective participant, and wherein the criteria or delivery settings are based on one or more algorithms applied to the readings from the sensor device, (D1, 0105-0107, 0115, 0130, discloses one or more templates includes directive and policies executed the application for specific patient or plurality of patients, to collect raw health related data, transforming raw data, and transmitting the transformed raw sensor data to specific repositories, users for display, and/or servers for post processing to produce alerts, where the data is transmitted in secure or encrypted manner, where directives further includes analysis rules to detect alert conditions, and producing alerts based on detected conditions for specific patients/projects as well sending reminders/alerts based user interaction with application/terminal/sensor.).
As per claim 8, the rejection of claim 7 further incorporated, D1 discloses,
wherein the rules of operation include defining a period for interacting with the respective participant using the rules of operation for the template, (D1, 0020, 0105-0107, 0115, 0130-0135, 0146, discloses using one or more pre-configured templates that are stored and used for collecting patient data, where templates includes criteria (e.g. run-time time schedules) or directives for analyzing data in real-time and alerting medical staff based on detections of alert condition associated medical patient, transmitting data to medical staff on periodic and/or scheduled basis.).
As per claim 9, the rejection of claim 8 further incorporated, D1 discloses,
further comprising: associating the period for interaction with the respective participant based on an algorithm applied to the readings from the sensor device, (D1, 0020, 0105-0107, 0115, 0130-0135, 0146, discloses using one or more pre-configured templates that are stored and used for collecting patient data, where templates includes criteria (e.g. run-time time schedules) or directives for analyzing data in real-time and alerting medical staff based on detections of alert condition associated medical patient, transmitting data to medical staff on periodic and/or scheduled basis, where D1 further associating and executing the period for interaction with the respective participant (e.g. sending reminders to users) based on an algorithm applied to the readings from the sensor device (e.g. based on detecting users viewing videos/content).).
As per claim 10, the rejection of claim 2 further incorporated, D1 discloses,
wherein the template defines multiple characteristics of the research program, and wherein the template is deployable for the plurality of human study participants as part of the research program, (D1, 0016-0017, 0022, discloses the template/directives that defines multiple characteristics of the research program in order collect various types of data, and wherein the template is deployable for the plurality of human study participants/devices/terminals as part of the research program.).
As per claim 11, the rejection of claim 10 further incorporated, D1 discloses,
associating the respective participant with a second participant as part of the research program, (D1, figure 26-28, 0014, 0016-0020 0027, 0064, 0105-0107, 0115, 0135, 0140-0142 discloses using one or more pre-configured templates that are stored and used for collecting patient data, where templates includes criteria or directives for scheduling data collection, and alerting medical professional associated with the patient based on detection of alert conditions associated medical patient that is collected using more sensors, where the analysis of data may be displayed as shown in figure 26-28 to be displayed to patients, doctors and/or other family members/providers which shows associated the respective participant with a second participant as part of the research program. ).
As per claim 12, the rejection of claim 11 further incorporated, D1 discloses,
delivering an interaction tailored to the second participant based on rules applied to program data obtained from an interaction with the respective participant, (D1, 0020, 0105-0107, 0115, 0130-0135, 0146, discloses delivering an interaction tailored (e.g. alerts) to the second participant (e.g. admin/participant) based on rules (e.g. template/directives) applied to program data (e.g. sensor data, or user interaction) obtained from an interaction with the respective participant.).
As per claim 13, the rejection of claim 12 further incorporated, D1 discloses,
further comprising: tailoring the interaction with the second participant based on a level of physical activity of the respective participant, (D1, 0020, 0105-0107, 0115, 0130-0135, 0146, discloses using one or more pre-configured templates that are stored and used for collecting patient data, where templates includes criteria (e.g. run-time time schedules) or directives for analyzing data in real-time and alerting medical staff based on detections of alert condition associated medical patient, transmitting data to medical staff on periodic and/or scheduled basis, where D1 further discloses tailoring the interaction with the second participant (e.g. sending reminders to users based on detecting users viewing/not viewing videos/content) based on a level of physical activity (e.g. interacting with/viewing video or using application) of the respective participant.).
As per claim 14-25:
Claims 14-25 are medium claims corresponding to method claims 2-13 and are of substantially same scope.
Accordingly, claims 14-25 are rejected under the same rational as set forth for claims 2-13.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
See form 892.
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/MUSTAFA A AMIN/ Primary Examiner, Art Unit 2194