DETAILED CORRESPONDENCE
This is a non-final office action on merits in response to the arguments and/or amendments filed on 10/31/2025 and the request for continued examination filed on 10/31/2025.
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 .
Status of claims
Claim 4 is cancelled. Claims 18-20 are new. Amendments to claims 1-3, and 5 are acknowledged and have been carefully considered. Claims 1-3, and 5-20 are pending and considered below.
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/14/2025 has been entered.
Drawings
Applicant’s replace drawings filed on 10/31/2025 are acceptable. The previously drawing objection is therefore withdrawn.
Subject Matter Free of Art
Claims 1-3 and 5-20 include subject matter that is free of prior art. The cited prior art of record fails to expressly teach or suggest, either alone or in combination, the features found within independent claims 1, 3, and 5. In particular, the cited prior art fails to expressly teach or suggest the specific combination of elements and ordered operations recited in these claims, including the integration of persistent device-level security restrictions with prescription drug discount processing in a pharmacy environment.
For claim 1, the cited prior art of record fails to expressly teach or suggest, either alone or in combination, a user system located in a pharmacy that includes both a cellular network communication system and a Wi-Fi communication system, wherein all Wi-Fi and camera functions are disabled to prevent unauthorized data capture and transmission while maintaining secure cellular network communication, and wherein subsequent to such disabling, the system generates and transmits multiple pharmacy discount queries via the cellular network and receives corresponding discount responses. Further, the cited prior art fails to expressly teach or suggest the claimed dual-system architecture comprising both the user system and a separate point-of-sale platform operating over a data communication network separate from the cellular network, wherein the point-of-sale platform consummates the prescription drug sale using information derived from the cellular based discount processing.
For claim 2, the cited prior art of record fails to expressly teach or suggest an apparatus comprising a processor that is configured to disable all Wi-Fi and camera functions and, and after the disabling, obtain prescription drug profile information, generate multiple discount queries, transmit the queries via a cellular network, receive corresponding responses, and sort the responses by discount price indicators for presentation via a user interface. The cited prior art does not disclose or suggest this combination of persistent subsystem disabling, cellular only communications, and real time discount sorting performed as part of prescription drug discount processing.
For claim 5, the cited prior art of record fails to expressly teach or suggest a method in which a system monitors a state of the system during execution of a prescription discount application and automatically terminates the application and removes associated data from memory upon detection of either a request to switch to a different application or a request to capture an image of a screen. Additionally, the cited prior art fails to disclose or suggest performing such active monitoring and self termination in combination with disabling all Wi-Fi and camera functions and executing prescription drug discount query generation, transmission, response sorting, and presentation as recited in claim 5.
The closest prior art of record includes Bezdek et al. (U.S. Patent 8712797 B1), referred to hereinafter as Bezdek, Sarkis et al. (U.S. Publication 2014/0014720 A1), referred to hereinafter as Sarkis, and Wu et al. (U.S. Publication 2019/0281558 A1).
Bezdek teaches systems and methods for obtaining prescription drug pricing information from pharmacy benefit managers and presenting such pricing information to users for comparison. Bezdek is directed to consumer facing price comparison and coupon generation workflows. However, Bezdek fails to teach or suggest a pharmacy located user system configured to disable all Wi-Fi and camera functions while maintaining secure cellular network communication, fails to teach a dual-network architecture including a separate point-of-sale platform operating on a different data communication network, and fails to teach persistent device-level security restrictions integrated with prescription drug discount processing as recited in the independent claims.
Sarkis teaches stationary healthcare kiosks deployed in public locations such as pharmacies for collecting physiological data (blood pressure or glucose measurements) from patients. Sarkis does not teach or suggest prescription drug discount processing, pharmacy queue management by staff, or the use of such kiosks as operational devices for consummating prescription drug sales. Further, Sarkis fails to teach or suggest disabling Wi-Fi and camera functions for security purposes while maintaining cellular communication, and does not disclose a system architecture involving a separate point-of-sale platform operating on a network distinct from a cellular network.
Wu teaches security mechanisms for personal communication devices, including temporarily disabling device components such as Wi-Fi, cameras, or other peripherals for purposes of tamper detection, validation, or personal privacy protection. Wu does not teach or suggest integrating such component disabling into a pharmacy prescription discount processing workflow, does not teach persistent disabling during normal operation while redirecting communications to a cellular network, and does not disclose application monitoring and automatic self termination upon detection of application switching or screen capture requests as required by the independent claims.
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 1-3, 5-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Under step 1, the analysis is based on MPEP 2106.03, and claims 1, 5-8, and 15-18 are drawn to a system, claims 2, 9-11, and 19 are drawn to an apparatus, claims 3, 12-14, and 20 are drawn to a method. Thus, each claim, on its face, is directed to one of the statutory categories (i.e., useful process, machine, manufacture, or composition of matter) of 35 U.S.C. §101.
Step 2A Prong One
Claim 1, 2, and 5 recites as a whole a method of organizing human activity (i.e., commercial or legal interactions (including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations)) because the claims recite a method that allows users to identify prescription drug pricing options across multiple discount providers and ise those prices in a retail transaction (claim 1), obtain drug related information and discount offers for use in commercial purchase (claim 2), and compare and select among multiple discount prices for a prescription drug order to complete a sales transaction (claim 5). These are methods of facilitating commercial interactions and sales activities. The mere nominal recitation of a generic cellular network (claim 1), user interface and cellular network (claim 2), and a user interface and data communications networks (claim 5) does not take the claim out of the methods of organizing human activity. Thus, the claims recite an abstract idea.
Independent claim 3 recites identical or nearly identical steps with respect to claim 2 (and therefore also recite limitations that fall within this subject matter grouping of abstract ideas), and this claim is therefore determined to recite an abstract idea under the same analysis.
Under Step 2A Prong Two
The claimed limitations, as per claim 1, include:
a user system located in a pharmacy, the user system comprising:
a cellular network communication system configured for data communication via a cellular network;
a WIFI communication system configured for data communication via a data communication network; and
a camera system configured to capture digital images and store digital images in a memory;
a user interface configured to receive first information corresponding to a prescription drug purchase and obtain profile information from a pharmacy benefits manager service, the profile information corresponding to the prescription drug and comprising a plurality of first data elements including at least one of a brand name, a generic name, a drug form, one or more dosage amounts, and one or more quantity amounts; and
a processor configured to control the cellular network communication system to carry out data communication over the cellular network and to control the user interface to receive the first information and obtain the profile information,
wherein the processor of the user system is further configured to,
disable all functions of the WIFI communication system,
disable all functions of the camera system,
wherein disabling all functions of the WIFI communication system and disabling all functions of the camera system prevents unauthorized data capture and unauthorized data transmission while maintaining secure cellular network communication for prescription drug discount processing, and
subsequent to disabling all functions of the WIFI communication system and the camera system, generate a plurality of queries, each query comprising at least a portion of the profile information,
control the cellular network communication system to send each of the plurality of queries to one of a plurality of external pharmacy discount services via the cellular network,
receive a response to each of the plurality of queries via the cellular network, each response including second information comprising a plurality of second data elements including at least a discount price indicator from the respective pharmacy discount service for the prescription drug at the pharmacy; and
a point of sale platform located in the pharmacy, the point of sale platform comprising:
a data communication system configured for data communication via a data communication network separate from the cellular network;
a processor configured to control the data communication system to carry out data communication over the data communication network;
wherein the processor of the point of sale platform is further configured to receive third information corresponding to the prescription drug purchase and communicate with one or more external platforms via the data communication network to consummate a sale of the prescription drug,
wherein the processor of the point of sale platform is further configured to provide at least a portion of the third information to the one or more external platforms in connection with the sale of the prescription drug, wherein the third information includes at least one of the first data elements and at least one of the second data elements.
The claimed limitations, as per claim 2, include:
a cellular network communication system configured for data communication via a cellular network;
a non-transitory computer readable medium configured to store executable programmed modules;
a user interface configured to receive first information corresponding to a prescription drug purchase and present second information including at least a discount price indicator for the prescription drug purchase;
a processor communicatively coupled with the non-transitory computer readable medium and configured to execute programmed modules stored in the non-transitory computer readable medium, the processor further configured to control the cellular network communication system to carry out data communication over the cellular network and to control the user interface to receive the first information and provide the second information;
wherein the processor is further configured to,
disable all WIFI functions of the apparatus,
disable all camera functions of the apparatus,
wherein disabling all WIFI functions and disabling all camera functions prevents unauthorized data capture and unauthorized data transmission while maintaining secure cellular network communication for prescription drug discount processing, and
subsequent to disabling WIFI and camera functions of the apparatus, control the user interface to obtain profile information from a pharmacy benefits manager service, the profile information corresponding to the prescription drug and comprising a plurality of first data elements including at least one of a brand name, a generic name, a drug form, one or more dosage amounts, and one or more quantity amounts;
generate a plurality of queries, each query comprising at least a portion of the profile information,
send each of the plurality of queries to one of a plurality of pharmacy discount services via the cellular network,
receive a response to each of the plurality of queries via the cellular network, each response including second information comprising a plurality of second data elements including at least a discount price indicator for the prescription drug;
sort the responses to each of the plurality of queries by discount price indicators; and
control the user interface to present a sorted list of responses to each of the plurality of queries.
The claimed limitations, as per claim 5, include:
control a user interface to obtain profile information from a pharmacy benefits manager service, the profile information corresponding to a prescription drug and comprising a plurality of first data elements including at least one of a brand name of the prescription drug, a generic name of the prescription drug, a delivery form of the prescription drug, one or more dosage amounts of the prescription drug, and one or more quantity amounts of the prescription drug;
generate a plurality of queries, each query comprising at least a portion of the profile information;
disable all WIFI functions;
disable all camera functions,
wherein disabling all WIFI functions and disabling all camera functions prevents unauthorized data capture and unauthorized data transmission while maintaining secure cellular network communication for prescription drug discount processing; and
subsequent to disabling all WIFI and camera functions, send each of the plurality of queries to one of a plurality of pharmacy discount services via one or more data communication networks;
receive a response to each of the plurality of queries via the one or more data communication networks, each response including second information comprising a plurality of second data elements including at least a discount price indicator for the prescription drug;
sort the responses to each of the plurality of queries based on the discount price indicators; and
control the user interface to present a sorted list of responses to each of the plurality of queries, wherein the processor is further programmed to monitor a state of the system and terminate an application controlling the user interface and remove from memory data corresponding to the application upon occurrence of one of: a request to switch the system to a different application, and a request to capture an image of a screen of the system.
Examiner Note: underlined elements indicate additional elements of the claimed invention identified as performing the steps of the claimed invention.
The judicial exception expressed in claims 1, 2, and 5 are not integrated into a practical application. The claims as a whole merely describes how to generally “apply” the concept of obtaining and using prescription drug discount information to facilitate a purchase transaction (claim 1), retrieving drug profile information and discount pricing information for purposes of completing a commercial sale (claim 2), and collecting, comparing, and presenting discount prices for execution of a retail drug purchase (claim 5) in a computer environment. The claimed computer components (i.e., a user system, the user system comprising: a cellular network communication system configured for data communication via a cellular network; a WIFI communication system configured for data communication via a data communication network; and a camera system configured to capture digital images and store digital images in a memory; a user interface configured to; a processor configured to control the cellular network communication system to carry out data communication over the cellular network and to control the user interface; wherein the processor of the user system is further configured to; control the cellular network communication system; control the cellular network communication system; a point of sale platform, the point of sale platform comprising: a data communication system configured for data communication via a data communication network separate from the cellular network; a processor configured to control the data communication system to carry out data communication over the data communication network (claim 1), a cellular network communication system configured for data communication via a cellular network; a non-transitory computer readable medium configured to store executable programmed modules; a user interface configured a processor communicatively coupled with the non-transitory computer readable medium and configured to execute programmed modules stored in the non-transitory computer readable medium, the processor further configured to control the cellular network communication system to carry out data communication over the cellular network and to control the user interface to receive the first information and provide the second information; wherein the processor is further configured to; control the user interface; via the cellular network (claim 2), and control a user interface; via one or more data communication networks; and wherein the processor is further programmed to monitor a state of the system and terminate an application controlling the user interface (claim 5) are recited at a high level of generality and are merely invoked as tools to perform an existing process of conducting discount based prescription drug purchase transactions (claim 1), facilitating a commercial transaction using drug and discount information (claim 2), and comparing and selecting among discount prices to complete a commercial sale (claim 5). Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Accordingly, alone and in combination, these additional elements do not integrate the abstract idea into a practical application.
The judicial exception expressed in claims 1, 2, and 5 are not integrated into a practical application. The abstract idea is merely carried out in a technical environment or field (i.e., security measure applied to computing devices and pharmacy point of sale context, see MPEP 2106.05(h)). The additional elements that are carried out in a technical environment includes disable all functions of the WIFI communication system, disable all functions of the camera system, wherein disabling all functions of the WIFI communication system and disabling all functions of the camera system prevents unauthorized data capture and unauthorized data transmission while maintaining secure cellular network communication for prescription drug discount processing (claims 1, 2, and 5); and located in the pharmacy (claim 1), however fails to contain meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment. Accordingly, alone and in combination, these additional elements do not integrate the abstract idea into a practical application.
The judicial exception expressed in claims 1, 2 and 5 are not integrated into a practical application. The claims recite the additional elements of receive first information corresponding to a prescription drug purchase and obtain profile information from a pharmacy benefits manager service, the profile information corresponding to the prescription drug and comprising a plurality of first data elements including at least one of a brand name, a generic name, a drug form, one or more dosage amounts, and one or more quantity amounts (claim 1), to receive first information corresponding to a prescription drug purchase and present second information including at least a discount price indicator for the prescription drug purchase; and control the user interface to present a sorted list of responses to each of the plurality of queries (claim 2); and to present a sorted list of responses to each of the plurality of queries; and remove from memory data corresponding to the application upon occurrence of one of: a request to switch the system to a different application, and a request to capture an image of a screen of the system (claim 5). These limitations are recited at a high level of generality (i.e., as a general means of collecting prescription information, displaying discount pricing results, and performing routine application management during a retail transaction), and amounts to merely data gathering, displaying results, and insignificant application, which is a form of insignificant extra-solution activity. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application. The claims are directed to an abstract idea.
Therefore, under step 2A, the claims are directed to the abstract idea, and require further analysis under Step 2B.
Under step 2B
Claims 1, 2, and 5 do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed with respect to Step 2A, the claim as a whole merely describes how to generally “apply” the concept of obtaining and using prescription drug discount information to facilitate a purchase transaction (claim 1), retrieving drug profile information and discount pricing information for purposes completing a commercial sale (claim 2), and collecting, comparing, and presenting discount prices for execution of a retail drug purchase (claim 5) in a computer environment. Thus, even when viewed as a whole, nothing in the claims add significantly more (i.e., an inventive concept) to the abstract idea.
Claims 1, 2, and 5 do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed with respect to Step 2A, the abstract idea is merely carried out in a technical environment or field, however fails to contain meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment. Thus, even when viewed as a whole, nothing in the claims add significantly more (i.e., an inventive concept) to the abstract idea.
For claim 1, 2 and 5 under step 2B, the additional elements of receive first information corresponding to a prescription drug purchase and obtain profile information from a pharmacy benefits manager service, the profile information corresponding to the prescription drug and comprising a plurality of first data elements including at least one of a brand name, a generic name, a drug form, one or more dosage amounts, and one or more quantity amounts (claim 1), to receive first information corresponding to a prescription drug purchase and present second information including at least a discount price indicator for the prescription drug purchase; and control the user interface to present a sorted list of responses to each of the plurality of queries (claim 2); and to present a sorted list of responses to each of the plurality of queries; and remove from memory data corresponding to the application upon occurrence of one of: a request to switch the system to a different application, and a request to capture an image of a screen of the system (claim 5) have been evaluated. The system, and apparatus comprising a processor configured to control the cellular network communication system to carry out data communication over the cellular network and to control the user interface performs a general function of receiving, processing, and presenting prescription drug discount information, which represents a well-understood, routine, and conventional activity in the field of computer implemented retail transaction processing. The specification discloses that the processor is used in its ordinary capacity as a data input device and does not describe any improvement to the computer itself or to the functioning of the overall computer system (see [33]). Also noted in Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350, 1354, 119 USPQ2d 1739, 1742 (Fed. Cir. 2016), merely collecting information for analysis without a technological improvement does not add significantly more to an abstract idea. The use of the system and apparatus is no more than collecting information for discount price comparison in a prescription drug purchase transaction and displaying the information and does not integrate the abstract idea into a practical application. Additionally, as noted in In re Brown, 645 Fed. App'x 1014, 1016-1017 (Fed. Cir. 2016), merely clearing or removing data from memory as part of routine application termination or state management represents an insignificant application of the underlying certain methods of human activity, as the limitation constitutes a conventional post solution activity that does not alter the manner in which the abstract commercial activity is performed and does not impose any meaningful limitation or add any technological improvement. Therefore, the claims do not recite an inventive concept and is not patent eligible.
Claims 7, 10, 13, and 16 recite no further additional elements, and only further narrow the abstract idea. The previously identified additional elements, individually and as a combination, do not integrate the narrowed abstract idea into a practical application for reasons similar to those explained above, and do not amount to significantly more than the narrowed abstract idea for reasons similar to those explained above.
Claims 6, 8, 9, 11, 12, 14, 15, 17, and 18-20 recite the additional element of to disable one or more other applications before generating the plurality of queries (claims 6, 9, 12, and 15) and to present a sorted list of responses to each of the plurality of queries, wherein a single response in the sorted list comprises information required for a prescription drug purchase transaction. (claims 8, 11, 14, and 17), and to monitor a state of the user system and terminate an application controlling the user interface and remove from memory data corresponding to the application upon occurrence of one of: a request to switch the user system to a different application, and a request to capture an image of a screen of the user system. (claims 18-20). However, this additional element amounts to mere displaying of results or insignificant activity (i.e., an insignificant extra-solution activity)). As such, these additional elements, when considered individually or in combination with the prior devices, do not integrate the abstract idea into a practical application or amount to significantly more than the abstract idea.
Thus, as the dependent claims remain directed to a judicial exception, and as the additional elements of the claims do not amount to significantly more, the dependent claims are not patent eligible.
Therefore, the claims here fail to contain any additional element(s) or combination of additional elements that can be considered as significantly more and the claim is rejected under 35 U.S.C. 101 for lacking eligible subject matter.
Claim Rejections - 35 USC § 103
Regarding the rejection of claim 1-3, 5-20, the Examiner has considered Applicant’s arguments in light of the present amendments and withdraws the prior art rejection.
Response to Arguments
Applicant’s arguments and amendments, see Remarks/Amendments submitted 10/31/2025 with respect to the rejection of claims 1-3, and 5-20 have been carefully considered and are addressed below.
Drawings
Applicant’s replace drawings filed on 10/31/2025 are acceptable. The previously drawing objection is therefore withdrawn.
Claim Rejections - 35 USC § 101
Applicant’s arguments are not persuasive. The amended claims remain directed to an abstract idea, specifically facilitating a prescription drug purchase transaction by collecting drug profile information, querying multiple discount providers, comparing and sorting discount prices, and presenting results for use in consummating a sale. These limitations fall within certain methods of organizing human activity (commercial interactions and sales activity). Merely reciting that these steps are performed by a processor does not remove the claims from the abstract idea category where no specific improvement to computer functionality is recited.
Applicant’s assertion that disabling Wi-Fi and camera functions constitutes a technological improvement is unpersuasive. Disabling device features to reduce misuse or data leakage is a feature merely carried out in a technical environment or field (i.e., security measure applied to computing devices), not an improvement to the functioning of the computer, network, or security technology itself. The claims do not recite any specific security mechanism, protocol, or technical means by which security is improved, but instead state a desired outcome while continuing to perform the abstract commercial workflow. Using a cellular network when Wi-Fi is disabled is a conventional implementation choice and does not integrate the abstract idea into a practical application.
Applicant’s arguments regarding parallel query processing and improved throughput also do not demonstrate patent eligibility. The claims recite generating multiple queries, receiving responses, sorting them, and displaying results, which are generic information processing steps performed using conventional computer and networking components. Any reduction in transaction time or increased throughput reflects an improvement in the efficiency of the underlying commercial transaction, not an improvement to the operation of the computer or network itself.
Finally, the additional elements relied upon by Applicant, generic processors, user interfaces, cellular and Wi-Fi communications, camera hardware, transmitting and receiving data, sorting and displaying results, and terminating applications or clearing memory, are recited at a high level of generality and amount to implementing the abstract idea on conventional computer technology, along with insignificant extra solution activity and field of use limitations tied to a pharmacy environment. Accordingly, the judicial exception is not integrated into a practical application, and the claims do not include additional elements that amount to significantly more than the abstract idea under 35 U.S.C. § 101.
Claim Rejections - 35 USC § 103
Regarding the rejection of claim 1-4, 5-20, the Examiner has considered Applicant’s arguments in light of the present amendments and withdraws the prior art rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Iyer et al. (U.S. Publication 2014/0039911) teaches a medical savings system that enables users to identify treatment and providers, compare costs using discount, rebates, and lower cost alternatives, select preferred options to reduce healthcare expenses, and facilitate payment and savings sharing thought integrated financial tools and digital channels.
Emert et al. (U.S. Publication 2012/0185263 A1) teaches a method that manages payments between a prescription drug benefits manager, a pharmacy, and a prescription drug benefits manager client under a prescription drug benefits plan.
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/K.R.L./Examiner, Art Unit 3685
/KAMBIZ ABDI/Supervisory Patent Examiner, Art Unit 3685