DETAILED ACTION
Continued Examination Under 37 CFR 1.114
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/17/2026 has been entered.
Notice to Applicant
This action is in reply to the filed on 3/17/2026.
Claims 1, 3 and 11-12 have been amended.
Claims 4-5 have been cancelled.
Claim 1-3 and 6-12 currently pending and have been examined.
Response to Amendments
The Applicant’s amendments, and cancellation, of the claims as currently submitted have been noted by the Examiner. Said amendments, and cancellation(s), are not sufficient to overcome the rejections previously set forth under 35 U.S.C. §101. As such, said rejections are herein maintained for reasons set forth below.
Subject Matter Free of Prior Art
Chiu et al. (US 2010/0277303) and De Vries et al. (US 2023/0170065) teach a health information generating apparatus. Chiu et al. and De Vries et al. do not teach “identifying a purchased product based on a purchase history indicating a product purchased by the customer...,” etc. Therefore, the Applicant has successfully overcome the Examiner’s 35 USC 103 rejection and Examiner withdraws his 35 USC 103 rejection.
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.
Human Interactions Organized
Applicant discloses (Applicant’s Specification, [0004]) that information withing a prescription should be provided to people. So a need exists to organize these human interactions by/through generating information beneficial to persons with written prescriptions using the steps of “acquiring prescription information, generating attribute information, identifying purchased products, identifying ingredients, determining influences, generating health information, transmitting health information,” etc. Applicant’s apparatus is therefore a certain method of organizing the human activities as described and disclosed by Applicant.
Rejection
Claim(s) 1-3 and 6-12 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim(s) 1, 11 and 12 is/are directed to the abstract idea of “generating information beneficial to persons with written prescriptions,” etc. (Applicant’s Specification, Abstract, paragraph(s) [0001], [0004]), etc., as explained in detail below, and thus grouped as a certain method of organizing human interactions. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional computer elements, which are recited at a high level of generality, provide conventional computer functions that do not add meaningful limits to practicing the abstract idea. Accordingly, claims 1-3 and 6-12 recite an abstract idea.
Step 2A Prong 1 – The Judicial Exception
The claim(s) recite(s) in part, apparatus for performing the steps of “acquiring prescription information, generating attribute information, identifying purchased products, identifying ingredients, determining influences, generating health information, transmitting health information,” etc., that is “generating information beneficial to persons with written prescriptions,” etc. which is a method of managing personal behavior or relationships or interactions between people (social activities, teaching, following rules, instructions) and thus grouped as a certain method of organizing human interactions. Accordingly, claims 1-3 and 6-12 recite an abstract idea.
Step 2A Prong 2 – Integration of the Judicial Exception into a Practical Application
This judicial exception is not integrated into a practical application because the generically recited additional computer elements (i.e. processors, memories, storage devices, buses, network interfaces, input/output interfaces (Applicant’s Specification [0047]-[0053]), etc.) to perform steps of “acquiring prescription information, generating attribute information, identifying purchased products, identifying ingredients, determining influences, generating health information, transmitting health information,” etc. do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer and this is nothing more than an attempt to generally link the product of nature to a particular technological environment. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limit on practicing the abstract idea. Accordingly, the claims are directed to an abstract idea.
Insignificant extra-solution activity
Claim(s) 1-3 and 6-12 recites storing data steps, retrieving data steps, providing data steps, output steps (Bilski v. Kappos, 561 U.S. 593, 610-12 (2010), Bancorp Servs., L.L.C. v. Sun Life Assur. Co. of Can., 771 F.Supp.2d 1054, 1066 (E.D. Mo. 2011), aff’d, 687 F.3d at 1266), and/or transmitting data step (buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355 (Fed. Cir. 2014), Apple, Inc. v. Ameranth, Inc., 842 F.3d 1299, 1241-42 (Fed. Cir. 2016)) that is/are insignificant extra-solution activity. Extra-solution activity limitations are insufficient to transform judicially excepted subject matter into a patent-eligible application (MPEP §2106.05(g)).
Step 2B – Search for an Inventive Concept/Significantly More
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because as discussed above with respect to integration into a practical application, the additional elements (i.e. processors, memories, storage devices, buses, network interfaces, input/output interfaces, etc.) are recited at a high level of generality, and the written description indicates that these elements are generic computer components. Using generic computer components to perform abstract ideas does not provide a necessary inventive concept (Alice, 573 U.S. at 223 (“mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention.”)). Accordingly, the claims are not patent eligible.
Individually and in Combination
The additional elements when considered both individually and as an ordered combination do not amount to significantly more than the abstract idea. The additional elements amount to no more than generic computer components that serve to merely link the abstract idea to a particular technological environment (i.e. processors, memories, storage devices, buses, network interfaces, input/output interfaces, etc.). At paragraph(s) [0047]-[0053], Applicant’s specification describes generic computer hardware for implementing the above described functions including “processors, memories, storage devices, buses, network interfaces, input/output interfaces,” etc. to perform the functions of “acquiring prescription information, generating attribute information, identifying purchased products, identifying ingredients, determining influences, generating health information, transmitting health information,” etc. The recited “processors, memories, storage devices, buses, network interfaces, input/output interfaces,” etc. does/do not add meaningful limitations to the idea of beyond generally linking the system to a particular technological environment, that is, implementation via computers. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer, or improves any other technology, or improves a technical field, or provides a technical improvement to a technical problem. Their collective functions merely provide generic computer implementation. Therefore, claims 1-3 and 6-12 do not amount to significantly more than the underlying abstract idea of “an idea of itself” (Alice).
Dependent Claims
Dependent claim(s) 2-3 and 6-10 include(s) all the limitations of the parent claims and are directed to the same abstract idea as discussed above and incorporated herein.
Although dependent claims 2-3 and 6-10 add additional limitations, they only serve to further limit the abstract idea by reciting limitations on what the information is and how it is received and used. Dependent claims 2-3 and 6-10 merely describe physical structures to implement the abstract idea. These information and physical characteristics do not change the fundamental analogy to the abstract idea grouping of certain method of organizing human interactions, and when viewed individually or as a whole, they do not add anything substantial beyond the abstract idea. Furthermore, the combination of elements does not indicate a significant improvement to the functioning of a computer or any other technology. Therefore, the claims when taken as a whole are ineligible for the same reasons as independent claim 1.
Response to Arguments
Applicant’s arguments filed 3/17/2026 with respect to claims 1-3 and 6-12 have been fully considered but they are not persuasive. Applicant’s arguments will be addressed herein below in the order in which they appear in the response filed 3/17/2026.
Applicant’s arguments filed on 3/17/2026 with respect to claims 1-3 and 6-12 have been fully considered but are moot in view of the new ground(s) of rejection.
Applicant argues that (A) the Applicant’s claimed invention is directed to statutory matter.
101 Responses
As per Applicant’s argument (A), Applicant’s remarks with regard to the statutory nature of Applicant’s claimed invention are addressed above in the Office Action.
Rehash
Applicant's remarks and arguments merely rehash issues addressed in the Office Action mailed 12/18/2025 and incorporated herein.
Applicant’s Amendments
Applicant amended claims recite “identifying ingredients contained in the purchased product by referring to a database that associates each product with ingredients contained in the product.” This is an information processing step that is part of Applicant’s abstract idea and does not move Applicant’s invention into eligible subject matter. Applicant’s argument is not persuasive.
Data Processing Step
Applicant’s amended step of “identifying ingredients contained in the purchased product by referring to a database that associates each product with ingredients contained in the product,” is an abstract compurational step that are part of Applicant’s abstract idea. In Electric Power Group the collection, manipulation and display of data has been found to be an abstract process. When claims, such as Applicant’s claims, are “directed to an abstract idea” and “merely requir[e] generic computer implementation,” they “do[] not move into [§] 101 eligibility territory.” buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1354 (Fed. Cir. 2014). Further, analysis of information by steps people go through in their minds, or by mathematical algorithms, without more, is essentially a mental processes within the abstract-idea category (Electric Power Group, 830 F.3d at 1354). Further, Applicant appears to be claiming generic computer implementation of a certain method of organsing human interaction. Therefore, Applicant’s argument is not persuasive.
Integration into a Practical Application
Integration into a practical application requires additional elements or a combination of additional elements in the claims to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that it is more than a drafting effort designed to monopolize the exception (e.g. Enfish, McRO and Vanda) (2019 PEG).
Applicant’s “processors, memories, storage devices, buses, network interfaces, input/output interfaces” is/are not an additional element(s) that reflects in the an improvement in the functioning of a computer, is/are not an additional element(s) that applies or uses the judicial exception to effect a particular treatment or prophylaxis, is/are not an additional element(s) that effects a transformation or reduction of a particular article to a different state or things, and is/are not an additional element(s) that applies or uses the judicial exception beyond generally linking the use of the judicial exception to a particular technological environment for the reasons explained in the 101 rejection above. Applicant’s “processors, memories, storage devices, buses, network interfaces, input/output interfaces” is/are merely tools used by Applicant to implement data processing. Data processing is an abstract idea. Applicant’s argument is not persuasive.
Intermediate Transformative Operation
Applicant’s intermediate transformative operation (i.e. database lookup) is an information processing step that is part of Applicant’s abstract idea and does not move Applicant’s invention into eligible subject matter. Applicant’s argument is not persuasive.
Ex Parte Desjardin
The Office has updated MPEP §2100 to incorporate the nonprecedential Desjardins decision and directed patent examiners to consider Enfish when evaluating claims directed to improvements to the functioning of a computer or other technology or technical field. The subject matter of the decision itself was directed to an innovation in Artificial Intelligence (AI), which is not the claimed subject matter of Applicant’s claimed invention. The Examiner maintains that the Examiner’s rejection of Applicant’s claims under 35 USC 101 is proper and consistent with Office patent examination procedures. Accordingly, Applicant’s argument is not persuasive.
BASCOM Global Internet Services and Pre-Emption
Further, the claims in BASCOM Global Internet Services v. AT&T Mobility, LLC provide a technical solution to a problem rooted in computer technology (i.e. filtering Internet content). The claims are directed to the abstract idea of filtering content on the Internet on generic computer components performing conventional activities. However, the claims carve out a specific location for the filtering system (a remote ISP server) and require the filtering system to give users the ability to customize filtering for their individual network accounts, and are thus not pre-emptive. The claims are an improvement over prior art filters that were susceptible to hacking and dependent on local hardware and software or confined to an inflexible on-size-fits-all scheme. Simply adding a generic computing device that performs routine and conventional functions or presenting abstract claims that are directed to generalized steps to be performed on a computer using conventional computer activity (i.e. STEPS, etc.) is not equivalent or similar to addressing the Internet filtering challenge as is the case in BASCOM Global Internet Services v. AT&T Mobility, LLC While the claims are directed to a process that is performed on a computer, they are not directed to an Internet filtering challenge. In fact, the claims are not directed to the filtering Internet content at all or functions that are particular to Internet filtering as is the case in the claims of BASCOM Global Internet Services v. AT&T Mobility, LLC. Therefore, because the claims fail to provide a technical solution to any Internet filtering challenges, the ordered combination of limitations do not amount to significantly more than a method of managing interactions between people and thus grouped as a certain method of organizing human interactions. Accordingly, the claims recite an abstract idea. As explained above, this judicial exception is not integrated into a practical application. Further, as explained above, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Accordingly, the claims are not patent eligible. Applicant’s argument is not persuasive.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES P. COLEMAN whose telephone number is (571) 270-7788. The examiner can normally be reached on Monday through Thursday 7:30a-5:00p.
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/C. P. C./
Examiner, Art Unit 3683
/ROBERT W MORGAN/Supervisory Patent Examiner, Art Unit 3683
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