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 § 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 1-25 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more. The claim(s) recite(s) an abstract idea. This judicial exception is not integrated into a practical application because the claims do not recite an additional element(s) that utilize the judicial exceptions in a manner that imposes meaningful limit on the exceptions:
Claim 1 recites a method of generating a process that includes the steps of receiving information about a collection, determining a supply, determining a temperature, receiving information about a collection, determining a toolkit location in the kit, determining a supply amount, and generating a standard operating procedure, etc. Claim 11 recites a method of generating a process that includes the steps of receiving information about a collection, determining a supply, receiving information about a toolkit, determining a first supply, determining a toolkit location in the kit, determining a supply amount, and generating a packing list, etc. Claim 18 recites a method of generating a process that includes the steps of receiving information about a collection, determining a supply, receiving information about a toolkit, determining a tool kit location in the kit, receiving information about storage, determining a supply amount, and generating a standard operating procedure, etc. The Examiner submits the method steps in claims 1, 11 and 18 are directed to Abstract Idea Groupings including a mental process and mathematical concepts, and also falls within the grouping of a certain method of organizing human activities.
With respect to the mathematical concepts grouping, the Examiner submits the determining steps of claims 1, 11 and 18 involve mathematical calculations with respect to determining the temperature, supply levels, and tool kit locations as recited in the claims. See MPEP 106.04(a)(2), Section I, C
With respect to a method of organizing activities grouping , the Examiner submits claim 1, 11 and 18 recite a method that includes following rules or instructions in performing the method. See MPEP 2106.04(a)(2), Section II, C.
With respect to the mental process grouping, the Examiner submits claims 1, 11 and 18 recite a mental process when they contain limitations that can practically be performed in the human mind, including for example, observations, evaluations, judgments, and opinions. In addition, the method steps are recited at a high level of generality that does not add meaningful limits to the abstract idea. See MPEP 2106.04(a)(2), Section III, A.
Additional elements of the claims include elements necessary for taking samples. These are not significantly more, as such elements are well-understood, routine and conventional. Drawing blood is a well know process, including the elements used in the process (tourniquet, needles, test tubes, etc) as well as determining the priority of sampling. See for example, Knapp, et al. or Lough, et al. who teach conventional sample collection kits that include all you would need to take and ship specimens. Therefore, when taken as a whole, the instant claims are directed to ineligible subject matter under 35 U.S.C. 101 as the claims recite an abstract idea without significantly more.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Oliver (US 2006/0286606), Knapp et al. (US 8,802,370), Lough et al. (US 2019/0059861), Nagy (US 2020/0254442) teach methods and systems for collecting a sample.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DWAYNE K HANDY whose telephone number is (571)272-1259. The examiner can normally be reached M-F 10AM-7PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jill Warden can be reached at 571-272-1267. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DWAYNE K HANDY/Examiner, Art Unit 1798 September 30, 2025
/JILL A WARDEN/Supervisory Patent Examiner, Art Unit 1798