DETAILED ACTION
This is responsive to amendments filed on 12/15/2025 in which claims 1-5, 7,9-14, 16 and 18-19 are presented for examination; Claims 1-2, 4,10-11,13 and 19 have been amended.
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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-5, 7, 9-14, 16, and 18-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Regarding claim 1:
Step 1: Is the claim to a process, machine, manufacture or composition of matter?” Yes, it’s a method(process).
Step 2a Prong 1 (judicial exception)
Step 2A (1): “Does the claim recite an abstract idea, law of nature, or natural phenomenon? Yes , the claim comes under mental processes.
Claim 1 recites:
“A computer-implemented method for responding to a request for medical care by dispatching an appropriate medical care provider, the method using a server executing instructions to perform computer processes comprising: receiving, at the server, a request for a patient to receive medical care including, at least, patient location, patient symptoms, and patient personal medical history; receiving, at the server, availability information of each of a plurality of medical care providers; and contemporaneously to receiving the request determining, by the server, that the patient is not experiencing a medical emergency based at least in part on the patient symptoms and the patient personal medical history by: parsing, by the server, the request, providing one or more elements of the parsed request to a machine learning model, trained to identify critical symptoms and general symptoms, determining using the machine learning model that the request does not contain at least one critical symptom which corresponds to a critical illness, assigning using the machine learning model, a weighted risk value to one or more general symptoms , and determining that a sum of the weighted risk values for the one or more general symptoms does not exceed a threshold value indicative of a medical emergency; selecting , by the server, in response to determining that the threshold value has not been exceeded , and thus the patient is not experiencing the medical emergency, a specific medical care provider, of the plurality of medical care providers, to visit the patient based at least in part on whether abilities of the plurality of medical providers indicated in the availability information correspond to a medical need of the patient, and based at least in part on proximities, of the plurality of medical care providers, of at least one of time to reach the patient and location relative to the patient; sending, by the server to the selected medical care provider, a dispatch order to cause the specific medical care provider to conduct a visit to the patient; and establishing based on the dispatch order, a remote communicative connection between the specific medical care provider and a medical supervisor to enable supervision of the visit to the patient.”
All the limitations above are abstract idea related to the mental process (concepts performed in the human mind (including an observation, evaluation, judgment, opinion)) with the exception of bold and underlined limitations. Claim language pertains to dispatching medical aid based on patient’s symptoms. Data is analyzed by seeing patient’s history and symptoms , which can be done on paper. A priority/ weight ( value or number) can be assigned(using pen and paper) based on illness severity. If weight/value of the symptom exceeds a certain set limit , then it is determined that the person seeks medical emergency(the symptoms are of critical illness) , and if the weight is below the set value then a medical care provider can visit the patient( i.e. the symptoms are not critical and the person doesn’t need emergency help). Any value with in the specified limit can be checked if patient does not experience medical emergency. All this can be decided using pen and paper or mentally. Also, a clinician or a nurse can write on paper to visit the patient at a particular location.
Step 2A(2): Prong Two: evaluate whether the claim recites additional elements that integrate the exception into a practical application of the exception. NO
The claim does recite additional elements; however they don’t integrate the exception into a practical application of the exception.
Computer implemented (Adding the 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(f))
a server executing instructions to perform computer processes(Adding the 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(f))
receiving at a server (Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g) )
server (Adding the 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(f))
machine learning model (Adding the 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(f))
remote communicative connection (Adding the 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(f))
Step 2B: evaluate whether the claim recites additional elements that amount to an inventive concept (aka “significantly more”) than the recited judicial exception? NO
As discussed previously with respect to Step 2A Prong Two, the additional element in the claim amounts to no more than mere instructions to apply the exception using a generic computer component.
Regarding the claim limitation,“ receiving at a server ” the courts have recognized the computer functions as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (“i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information”); See, MPEP 2106.05 (d)(II)
The same analysis applies here in 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Dependent claims 2-5, 7, and 9, further narrow the abstract idea recited above with regard to claim 1; in addition, claims contain additional elements of “server”, “patient portal” .
Under step 2A, prong two, the above recited additional elements don’t integrate the exception into a practical application of the exception as merely adding the 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(f).
As discussed previously with respect to Step 2A Prong Two, the additional elements in the claim amounts to no more than mere instructions to apply the exception using a generic computer component.
The same analysis applies here in 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Claims 10 is rejected under same rational as claim 1. In addition claim 9 further recites additional limitation of “memory” , “processor” ,
Under step 2A, prong two, the above recited additional elements don’t integrate the exception into a practical application of the exception as merely adding the 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(f).
As discussed previously with respect to Step 2A Prong Two, the additional elements in the claim amounts to no more than mere instructions to apply the exception using a generic computer component.
The same analysis applies here in 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Dependent claims 11-14, 16, and 18, further narrow the abstract idea recited above with regard to claim 10; in addition, claims contain additional elements of “system”, “server”.
Under step 2A, prong two, the above recited additional elements don’t integrate the exception into a practical application of the exception as merely adding the 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(f).
As discussed previously with respect to Step 2A Prong Two, the additional elements in the claim amounts to no more than mere instructions to apply the exception using a generic computer component.
The same analysis applies here in 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Claims 19 is rejected under same rational as claim 1. In addition claim 9 further recites additional limitation of “apparatus”.
Under step 2A, prong two, the above recited additional element don’t integrate the exception into a practical application of the exception as merely adding the 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(f).
As discussed previously with respect to Step 2A Prong Two, the additional elements in the claim amounts to no more than mere instructions to apply the exception using a generic computer component.
The same analysis applies here in 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Response to Arguments
Applicant's arguments filed on 12/15/2025 have been fully considered but they are not persuasive.
Remarks - 35 USC § 101
In remarks, Pg. 8, applicant contends:
“Claims 1-5, 7, 9-14, 16, 18, and 19 stand rejected under 35 U.S.C. §101 as being directed to an abstract idea without significantly more. For example, the operations recited in claim 1 cannot practically be performed in the human mind contemporaneously (with amendments to this effect supported by at least paragraph [0020] of the specification as filed) to select a medical care provider, based on the various parameters recited, in a reasonable time for effective selection and dispatch of medical care providers given the real-world constraints on time for making such decisions. Further, while sending a dispatch order may arguably be an application of a mental process of selecting a medical care provider, establishing a remote communicative connection between a selected medical care provider and a patient goes beyond implementation of the asserted mental process of selecting a medical care provider.”
The examiner agrees that all the elements of the claim can’t be performed in human mind, and claim includes additional elements that are identified to be more than abstract idea. However, the examiner have explicitly identified the additional elements , and addressed as to why these limitations don’t integrate the identified abstract idea into practical application. In addition, the remote communication, and use of AI is at merely apply it level, and lacks any detail that demonstrates any improvement to the AI or communication technology.
Remarks - 35 USC § 103
Applicant’s remarks filed on 12/15/2025 are persuasive and prior art has been removed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUMA WASEEM whose telephone number is (571)272-1316. The examiner can normally be reached Monday-Friday(9:00am - 5:00 pm) EST.
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/HUMA WASEEM/Examiner, Art Unit 3686
/JASON B DUNHAM/Supervisory Patent Examiner, Art Unit 3686