DETAILED ACTION
Response to Amendment
This action is in response to the amendment filed on December 8, 2025. Claims 1 and 20 have been amended. Claims 1-10 and 19-20 have been examined and are currently pending.
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 .
Inventorship
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 1-10 and 19-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
ALICE/ MAYO: TWO-PART ANALYSIS
2A. First, a determination whether the claim is directed to a judicial exception (i.e., abstract idea).
Prong 1: A determination whether the claim recites a judicial exception (i.e., abstract idea).
Groupings of abstract ideas enumerated in the 2019 Revised Patent Subject Matter Eligibility Guidance.
Mathematical concepts- mathematical relationships, mathematical formulas or equations, mathematical calculations.
Certain methods of organizing human activity- fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions).
Mental processes- concepts performed in the human mind (including an observation, evaluation, judgement, opinion).
Prong 2: A determination whether the judicial exception (i.e., abstract idea) is integrated into a practical application.
Considerations indicative of integration into a practical application enumerated in the 2019 Revised Patent Subject Matter Eligibility Guidance.
Improvement to the functioning of a computer, or an improvement to any other technology or technical field
Applying or using a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition
Applying the judicial exception with, or by use of a particular machine.
Effecting a transformation or reduction of a particular article to a different state or thing
Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception
Considerations that are not indicative of integration into a practical application enumerated in the 2019 Revised Patent Subject Matter Eligibility Guidance.
Merely reciting the words “apply it” (or an equivalent) with the judicial exception, or merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea.
Adding insignificant extra-solution activity to the judicial exception.
Generally linking the use of the judicial exception to a particular technological environment or field of use.
2B. Second, a determination whether the claim provides an inventive concept (i.e., Whether the claim(s) include additional elements, or combinations of elements, that are sufficient to amount to significantly more than the judicial exception (i.e., abstract idea)).
Considerations indicative of an inventive concept (aka “significantly more”) enumerated in the 2019 Revised Patent Subject Matter Eligibility Guidance.
Improvement to the functioning of a computer, or an improvement to any other technology or technical field
Applying the judicial exception with, or by use of a particular machine.
Effecting a transformation or reduction of a particular article to a different state or thing
Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception NOTE: The only consideration that does not overlap with the considerations indicative of integration into a practical application associated with step 2A: Prong 2.
Considerations that are not indicative of an inventive concept (aka “significantly more”) enumerated in the 2019 Revised Patent Subject Matter Eligibility Guidance.
Merely reciting the words “apply it” (or an equivalent) with the judicial exception, or merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea.
Adding insignificant extra-solution activity to the judicial exception.
Generally linking the use of the judicial exception to a particular technological environment or field of use.
Simply appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception. NOTE: The only consideration that does not overlap with the considerations that are not indicative of integration into a practical application associated with step 2A: Prong 2.
See also, 2019 Revised Patent Subject Matter Eligibility Guidance; Federal Register; Vol. 84, No. 4; Monday, January 7, 2019
Claims 1-10 and 19-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
1: Statutory Category
Applicant’s claimed invention, as described in independent claim 1 is directed to method and independent claim 20 is directed to a network system.
2(A): The claim(s) are directed to a judicial exception (i.e., an abstract idea).
PRONG 1: The claim(s) recite a judicial exception (i.e., an abstract idea).
Certain methods of organizing human activity
Independent claims 1 and 20 recite the limitations, “receiving in the mobile telecommunications network: an indication of the medical treatment to be administered, an indication of a terminal device registered to the user and an indication of a passively powered device associated with the user and associated with apparatus for administering the medical treatment, wherein the terminal device and the passively powered device are registered with the mobile telecommunications network; transmitting, over the mobile telecommunications network and to the terminal device, a first communication indicating the medical treatment to be administered; and transmitting, over the mobile telecommunications network and to the passively powered device, a second communication for causing the passively powered device to output an alert.” which are directed to the abstract idea of certain methods of managing personal behavior. Specifically, the limitations are directed to managing personal behavior through regulating or managing when a user/patient should their medicine (e.g., “transmitting, over the mobile telecommunications network and to the terminal device, a first communication indicating the medical treatment to be administered;”) and notifying which medicine to consume (e.g., “transmitting, over the mobile telecommunications network and to the passively powered device, a second communication for causing the passively powered device to output an alert.”).
PRONG 2: The judicial exception (i.e., an abstract idea) is not integrated into a practical application.
The applicant has not shown or demonstrated any of the requirements described above under "integration into a practical application" under step 2A. Specifically, the applicant's limitations are not "integrated into a practical application" because they are adding words "apply it" with the judicial exception, or mere instructions to implement an abstract idea merely as a tool to perform an abstract idea (see MPEP 2106.05(f)). Additionally, improvements to the functioning of a computer or any other technology or technical field has not been shown or disclosed (see MPEP 2106.05(a)). The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Specifically, the applicant’s limitations are not “significantly more” because they are adding words “apply it” with the judicial exception, or mere instructions to implement an abstract idea merely as a tool to perform an abstract idea (see MPEP 2106.05(f)). The applicant’s claimed limitations do not demonstrate an improvement to another technology or technical field, an improvement to the functioning of the computer itself, effecting a transformation or reduction of particular article to a different state or thing. The current application does not amount to 'significantly more' than the abstract idea as described above. The claim does not include additional elements or limitations individually or in combination that are sufficient to amount to significantly more than the judicial exception. Specifically, the individual elements of a terminal device, passively powered device, apparatus, radio frequency waves, energy, and mobile telecommunications network amount to no more than implementing an idea with a computerized system and they are adding words “apply it” with the judicial exception, or mere instructions to implement an abstract idea merely as a tool to perform an abstract idea. The additional elements taken in combination add nothing more than what is present when the elements are considered individually. Therefore, based on the two-part Alice Corp. analysis, there are no meaningful limitations in the claims that transform the exception (i.e., abstract idea) into a patent eligible application.
Since the claim(s) recite a judicial exception and fails to integrate the judicial exception into a practical application, the claim(s) is/are “directed to” the judicial exception. Thus, the claim(s) must be reviewed under the second step of the Alice/ Mayo analysis to determine whether the abstract idea has been applied in an eligible manner.
2(B): The claims do not provide an inventive concept (i.e., The claim(s) do not include additional elements, or combinations of elements, that are sufficient to amount to significantly more than the judicial exception (i.e., abstract idea)).
As discussed with respect to Step 2A Prong Two, the additional element(s) 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.
For these reasons, there is no invention concept in the claim, and thus the claim is ineligible.
Dependent claims 2-10 and 19 are rejected as ineligible subject matter under 35 U.S.C. 101 based on a rationale similar to the claims from which they depend. Dependent claim 2 recites a terminal device, passively powered device, control module, apparatus, dependent claim 3 recites a control module, dependent claim 4 recites a terminal device and another device, dependent claims 6-9 recite a passively powered device, and dependent claim 10 recites a control module. Dependent claims 2-4 and 6-10 do not recite additional elements that amount to significantly more than the judicial exception.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claim(s) 1-2, 6-7, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Stein et al. US Publication 20130222135 A1 in view of Childress et al. US Publication 20170109498 A1
Claims 1:
As per claim 1, Stein teaches a method comprising
transmitting, over the mobile telecommunications network and to the terminal device, a first communication indicating the medical treatment to be administered (paragraphs 0040 and 0028 “System 100 may provide different types of reminders and/or alerts to patents according to various embodiments. In some embodiments, backend system 104 may trigger the initiation of a telephone call (e.g., automated message or live operator) to a telephone number associated with the patient (e.g., a telephone number stored in memory 120 in association with a data record for the patient) when system 104 and/or medication container 102 determines that the patient has not adhered to the patient's medication regimen. In some embodiments, the telephone call may be initiated to the patient's home, cellular, and/or work telephone, and/or to a telephone number associated with the patient's physician (e.g., physician computer 132), family member, and/or other designee. Alternatively or additionally, in some embodiments, backend system 104 may trigger an electronic message, such as a text message, email, or other digital message to the patient (e.g., patient's cell phone 128), patient's physician (e.g., physician computer 132), and/or patient's designee, as indicated by instructions stored in memory 120…” and “In some embodiments, system 100 includes user computer 128 (e.g., cellular phone, tablet computer, laptop computer, personal digital assistant (PDA), or desktop computer)…”);
and transmitting, over the mobile telecommunications network and to the passively powered device, a second communication for causing the passively powered device to output an alert (paragraphs 0041-0042 and 0029 “In some embodiments, medication container 102 may issue one or more alerts 124 when system 104 and/or medication container 102 determines that the patient has not adhered to the patient's medication regimen. For example, medication container 102 may include one or more light source(s) 124 (e.g., light emitting diodes (LEDs)) that light up when the patient fails to adhere to the patient's medication regimen. For example, a light source may light up a certain color or in a blinking pattern, and/or have differing lights or lighting patterns for different circumstances (e.g., a patient forgetting to take medication, lack of connectivity to backend server 104, or light of increasing intensity or amount the longer a patient fails to take a medication dose). Light source(s) 124 may be positioned at any suitable location(s) on or in medication container 102, including on different areas of a body and/or cap. In some embodiments, medication container 102 may include words or symbols above specific lights such as, for example, "not connected" or "take a dose."” and “Medication container 102 may be communicatively coupled via communications capability 106 to one or more (e.g., all) of backend system 104, user computer 128, pharmacy computer 130, and/or physician's computer 132. For example, in some embodiments, medication container 102 includes a wireless transmitter or transceiver 108 for transmitting and/or receiving communications, including, for example, a cellular modem (e.g., Telit CC864-Dual, Sierra Wireless 6087 or 5011, or Janus CDMA Terminus Plug-In CDMA864C). Communications capability 106 may be a wireless link (e.g., radio frequency (RF) link, Bluetooth link, 2G link, 3G link), other communications link, or combination of communication links. In various embodiments, medication container 102 may utilize the same or different communications links for communicating with different computers (e.g., utilizing different communications links for communicating with backend system 104 and user computer 128”).”)
Stein does not teach wherein: the passively powered device is structured to harvest energy from radio frequency waves received at the passively powered device and to output the alert using only the energy harvested from the radio frequency waves. However, Davis teaches a Human Feedback using Parasitic Power Harvesting of RFID Tags and further teaches, “Passive RFID tags do not have an internal power source, like a battery. This is done in order to keep costs of the RFID tags low and the size and weight of the tags at a minimum. Because passive RFID tags have no internal power source, they must harvest energy from RF signals produced by external objects. Usually, an RFID reader or interrogator emits an RF field in order to establish a communications link between the RFID reader/interrogator and an RFID device. The RFID devices harvest the inherent energy in the RF field to power their circuitry. Once the RFID device has received power from an external field, it may generate a message and begin transmitting a communication to the RFID reader/interrogator or another receiver. The communications between the interrogator and RFID device are typically initiated to determine some amount of information about the RFID device.” (paragraph 0004) and “A "passive" RFID device 116 uses RF signals (i.e., RF radiation) emitted by the interrogator 112 as a source of energy for powering the RFID device. When a passive RFID device comes within range of an interrogating reader, the reader provides power to the RFID device 116 via a querying RF signal…” (paragraph 0043). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Stein to include wherein: the passively powered device is structured to harvest energy from radio frequency waves received at the passively powered device and to output the alert using only the energy harvested from the radio frequency waves as taught by Davis in order to reduce cost and weight of device and increase efficiency of device in an energy efficient manner.
Stein and Davis do not teach receiving in the mobile telecommunications network: an indication of the medical treatment to be administered, an indication of a terminal device registered to the user and an indication of a passively powered device associated with the user and associated with apparatus for administering the medical treatment, wherein the terminal device and the passively powered device are registered with the mobile telecommunications network. However, Childress teaches an Intelligent Container and Method for Dispensing Control and further teaches, “The tablet computer 303 communicates to a server computer 305, similar to those described above in association with FIGS. 1 and 2. Preferably, the server 305 is resident in a cloud environment 307 or is a web server. The medicine dispensing server application 305 receives information from the tablet computer 303 during the registration process so that the medicine which has been placed in the intelligent container can be monitored and disseminated to subscribing devices such as smart phone 309. In other embodiments of the invention, multiple subscribing devices can receive events from the server application.” (paragraph 0038) and “As will be described in greater detail below, the intelligent container 301 has wireless communication capabilities using protocols such as NFC, WiFi, Bluetooth, RFID or other short range protocols. Some preferred embodiments use a combination of protocols so that they are compatible with a greater variety of devices. Thus, the intelligent container can sense neighboring devices such as smart phone 311 and smart watch 313, even if the neighboring devices do not have a client version of the medicine dispensing application resident. This sensed information can contain device ID data such as an IMEI number from a smart phone which can help identify neighboring devices which are proximate to the intelligent container 301 when an event or set of events is sensed, such as a move event, a cap off event or a tilt event. The device ID data can be useful for identifying the party responsible for the sensed event. Other sensed events can include location events from an embedded or proximate accelerometer, GPS or cell phone tower, movement events in x, y and z axes, g forces, pressure, and temperature changes. A single event can be in the set of events transmitted to the server 305. For the purposes of this invention, an event generally falls into the category of a sensor detection event or the category of an ID sensed event. Often a sensor detection event will be in the same set of events or concurrently sensed as an ID sensed event.” (paragraph 0039). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Stein to include receiving in the mobile telecommunications network: an indication of the medical treatment to be administered, an indication of a terminal device registered to the user and an indication of a passively powered device associated with the user and associated with apparatus for administering the medical treatment, wherein the terminal device and the passively powered device are registered with the mobile telecommunications network as taught by Childress in order to allow multiple user devices to communicate with each other with respect to the patient’s medication or medical treatment.
Claim 20:
As per claim 20, Stein teaches a network system comprising:
one or more processors (paragraph 0092 “The various illustrative logical blocks, modules, and circuits described in connection with the embodiments disclosed herein and shown in the figures may be implemented or performed with a general purpose processor, a digital signal processor (DSP), an application specific integrated circuit (ASIC), a field programmable gate array (FPGA) or other programmable logic device, discrete gate or transistor logic, discrete hardware components, or any combination thereof designed to perform the functions described herein. A general purpose processor may be a microprocessor, but in the alternative, the processor may be any processor, controller, microcontroller, or state machine. A processor may also be implemented as a combination of computing devices, e.g., a combination of a DSP and a microprocessor, a plurality of microprocessors, one or more microprocessors in conjunction with a DSP core, or any other such configuration.”);
and one or more hardware storage devices that store instructions that are executable by the one or more processors to cause the network system to (paragraphs 0092-0093 “In one or more example embodiments, the functions, methods, and/or applications described may be implemented in hardware, software, or firmware executed on a processor, or any combination thereof If implemented in software, the functions may be stored on or transmitted over as one or more instructions or code on a computer-readable medium or memory. Computer-readable media include both non-transitory computer storage media and communication media including any medium that facilitates transfer of a computer program. A storage medium may be any available media that can be accessed by a computer. By way of example, and not limitation, such computer-readable media can include non-transitory computer-readable media including RAM, ROM, EEPROM, CD-ROM or other optical disk storage, magnetic disk storage or other magnetic storage devices, or any other medium that can be used to carry or store desired program code in the form of instructions or data structures and that can be accessed by a computer. A computer-readable medium can include a communication signal path. For example, if the software is transmitted from a website, server, or other remote source using a coaxial cable, fiber optic cable, twisted pair, digital subscriber line (DSL), or wireless technologies such as infrared, radio, and microwave, then the coaxial cable, fiber optic cable, twisted pair, DSL, or wireless technologies such as infrared, radio, and microwave are included in the definition of medium.”):
transmit, to the terminal device, a first communication indicating the medical treatment to be administered (paragraphs 0040 and 0028 “System 100 may provide different types of reminders and/or alerts to patents according to various embodiments. In some embodiments, backend system 104 may trigger the initiation of a telephone call (e.g., automated message or live operator) to a telephone number associated with the patient (e.g., a telephone number stored in memory 120 in association with a data record for the patient) when system 104 and/or medication container 102 determines that the patient has not adhered to the patient's medication regimen. In some embodiments, the telephone call may be initiated to the patient's home, cellular, and/or work telephone, and/or to a telephone number associated with the patient's physician (e.g., physician computer 132), family member, and/or other designee. Alternatively or additionally, in some embodiments, backend system 104 may trigger an electronic message, such as a text message, email, or other digital message to the patient (e.g., patient's cell phone 128), patient's physician (e.g., physician computer 132), and/or patient's designee, as indicated by instructions stored in memory 120…” and “In some embodiments, system 100 includes user computer 128 (e.g., cellular phone, tablet computer, laptop computer, personal digital assistant (PDA), or desktop computer)…”);
and transmit, to the passively powered device, a second communication for causing the passively powered device to output an alert (paragraphs 0041-0042 and 0029 “In some embodiments, medication container 102 may issue one or more alerts 124 when system 104 and/or medication container 102 determines that the patient has not adhered to the patient's medication regimen. For example, medication container 102 may include one or more light source(s) 124 (e.g., light emitting diodes (LEDs)) that light up when the patient fails to adhere to the patient's medication regimen. For example, a light source may light up a certain color or in a blinking pattern, and/or have differing lights or lighting patterns for different circumstances (e.g., a patient forgetting to take medication, lack of connectivity to backend server 104, or light of increasing intensity or amount the longer a patient fails to take a medication dose). Light source(s) 124 may be positioned at any suitable location(s) on or in medication container 102, including on different areas of a body and/or cap. In some embodiments, medication container 102 may include words or symbols above specific lights such as, for example, "not connected" or "take a dose."” and “Medication container 102 may be communicatively coupled via communications capability 106 to one or more (e.g., all) of backend system 104, user computer 128, pharmacy computer 130, and/or physician's computer 132. For example, in some embodiments, medication container 102 includes a wireless transmitter or transceiver 108 for transmitting and/or receiving communications, including, for example, a cellular modem (e.g., Telit CC864-Dual, Sierra Wireless 6087 or 5011, or Janus CDMA Terminus Plug-In CDMA864C). Communications capability 106 may be a wireless link (e.g., radio frequency (RF) link, Bluetooth link, 2G link, 3G link), other communications link, or combination of communication links. In various embodiments, medication container 102 may utilize the same or different communications links for communicating with different computers (e.g., utilizing different communications links for communicating with backend system 104 and user computer 128”).”);
Stein does not teach wherein: the passively powered device is configured to harvest energy from radio frequency waves received at the passively powered device and to output the alert using only energy harvested from the radio frequency waves, and the passively powered device does not include a battery. However, Davis teaches a Human Feedback using Parasitic Power Harvesting of RFID Tags and further teaches, “Passive RFID tags do not have an internal power source, like a battery. This is done in order to keep costs of the RFID tags low and the size and weight of the tags at a minimum. Because passive RFID tags have no internal power source, they must harvest energy from RF signals produced by external objects. Usually, an RFID reader or interrogator emits an RF field in order to establish a communications link between the RFID reader/interrogator and an RFID device. The RFID devices harvest the inherent energy in the RF field to power their circuitry. Once the RFID device has received power from an external field, it may generate a message and begin transmitting a communication to the RFID reader/interrogator or another receiver. The communications between the interrogator and RFID device are typically initiated to determine some amount of information about the RFID device.” (paragraph 0004) and “A "passive" RFID device 116 uses RF signals (i.e., RF radiation) emitted by the interrogator 112 as a source of energy for powering the RFID device. When a passive RFID device comes within range of an interrogating reader, the reader provides power to the RFID device 116 via a querying RF signal…” (paragraph 0043). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Stein to include wherein: the passively powered device is configured to harvest energy from radio frequency waves received at the passively powered device and to output the alert using only energy harvested from the radio frequency waves, and the passively powered device does not include a battery as taught by Davis in order to reduce cost and weight of device and increase efficiency of device in an energy efficient manner.
Stein and Davis do not teach receive(i) an indication of a medical treatment to be administered by a user, (ii) an indication of a terminal device registered to the user, and (iii) an indication of a passively powered device associated with the user and associated with an apparatus for administering the medical treatment, wherein the terminal device and the passively powered device are registered with the mobile telecommunications network. However, Childress teaches an Intelligent Container and Method for Dispensing Control and further teaches, “The tablet computer 303 communicates to a server computer 305, similar to those described above in association with FIGS. 1 and 2. Preferably, the server 305 is resident in a cloud environment 307 or is a web server. The medicine dispensing server application 305 receives information from the tablet computer 303 during the registration process so that the medicine which has been placed in the intelligent container can be monitored and disseminated to subscribing devices such as smart phone 309. In other embodiments of the invention, multiple subscribing devices can receive events from the server application.” (paragraph 0038) and “As will be described in greater detail below, the intelligent container 301 has wireless communication capabilities using protocols such as NFC, WiFi, Bluetooth, RFID or other short range protocols. Some preferred embodiments use a combination of protocols so that they are compatible with a greater variety of devices. Thus, the intelligent container can sense neighboring devices such as smart phone 311 and smart watch 313, even if the neighboring devices do not have a client version of the medicine dispensing application resident. This sensed information can contain device ID data such as an IMEI number from a smart phone which can help identify neighboring devices which are proximate to the intelligent container 301 when an event or set of events is sensed, such as a move event, a cap off event or a tilt event. The device ID data can be useful for identifying the party responsible for the sensed event. Other sensed events can include location events from an embedded or proximate accelerometer, GPS or cell phone tower, movement events in x, y and z axes, g forces, pressure, and temperature changes. A single event can be in the set of events transmitted to the server 305. For the purposes of this invention, an event generally falls into the category of a sensor detection event or the category of an ID sensed event. Often a sensor detection event will be in the same set of events or concurrently sensed as an ID sensed event.” (paragraph 0039). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Stein to include receive(i) an indication of a medical treatment to be administered by a user, (ii) an indication of a terminal device registered to the user, and (iii) an indication of a passively powered device associated with the user and associated with an apparatus for administering the medical treatment, wherein the terminal device and the passively powered device are registered with the mobile telecommunications network as taught by Childress in order to allow multiple user devices to communicate with each other with respect to the patient’s medication or medical treatment.
Claim 2:
As per claim 2, Stein, Davis, and Childress teach the method of claim 1 as described above and Childress further teaches wherein the indication of the medical treatment to be administered, the indication of the terminal device registered to the user and the indication of the passively powered device associated with the user and associated with the apparatus for administering the medical treatment are received from a control module for determining a medical treatment to be administered by the user (paragraphs 0038-0039). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Stein to include wherein the indication of the medical treatment to be administered, the indication of the terminal device registered to the user and the indication of the passively powered device associated with the user and associated with the apparatus for administering the medical treatment are received from a control module for determining a medical treatment to be administered by the user as taught by Childress in order to communicate to at least one device associated with a patient to take their medication or begin a medical treatment.
Claim 6:
As per claim 6, Stein, Davis, and Childress teach the method of claim 1 as described above and Stein further teaches wherein the passively powered device is associated with and located in proximity to a receptacle containing a medicament to be administered by the user (paragraphs 0028-0029).
Claim 7:
As per claim 7, Stein, Davis, and Childress teach the method of claim 6 as described above and Stein further teaches wherein the passively powered device is attached to the receptacle for the medication to be administered by the user (paragraphs 0028-0031).
Claim 19:
As per claim 19, Stein, Davis, and Childress teach method of claim 1 as described above and Stein further teaches and further teaches the computer product comprising instructions according to method claim 1 (paragraph 0093).
Claim(s) 3-5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Stein, Davis, and Childress as applied to claims 1-2 above, and further in view of Chandramouli et al. US Publication 20190042702 A1.
Claim 3:
As per claim 3, Stein, Davis, and Childress teach the method of claim 2 as described above but do not teach further comprising:
receiving, in the mobile telecommunications network, data indicative of a monitored health status and transmitting the data indicative of the monitored health status to the control module. However, Chandramouli teaches Cognitive Medication Containers Providing Targeted Medication Assistance and further teaches, “Patient condition data receiver 126 includes a set of programming instructions in medication assistant controller 118, to receive patient condition data from one or more patient monitoring devices, in real-time, wherein the patient condition data comprises at least one measurement of a medical vital sign of the patient. The set of programming instructions is executable by a processor. In an exemplary embodiment, patient condition data may include, but is not limited to, one or more of blood pressure, pulse, cholesterol level, blood sugar level, heart rate, and body temperature of the user.” (paragraph 0051) and “In the example embodiment, vitals monitor 114 may be a computer program, on computing device 110, that detects and monitors a user's vital signs which may include blood pressure, cholesterol levels, blood sugar levels, heart rate and so on. In other embodiments, vitals monitor 114 may be a separate device such as a blood glucose monitor, a heart rate monitor, or a wearable device that detects one or more of a user's vital signs, and communicates with computing device 110. Vitals monitor 114 outputs detected and monitored vital signs of a user to medication assistant controller 118, either on a continuous basis or at set intervals. In other embodiments, vitals monitor 114 may be configured to detect and monitor a user's vital signs based on any method known in the art.” (paragraph 0026). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Stein to include receiving, in the mobile telecommunications network, data indicative of a monitored health status and transmitting the data indicative of the monitored health status to the control module as taught by Chandramouli in order to analyze and determine the patient’s current medical condition or status.
Claim 4:
As per claim 4, Stein, Davis, Childress, and Chandramouli teach the method of claim 3 as described above and Chandramouli further teaches wherein the data indicative of a monitored health status is received from the terminal device or another device registered to the user (paragraphs 0024, 0026 and 0052). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Stein to include wherein the data indicative of a monitored health status is received from the terminal device or another device registered to the user as taught by Chandramouli in order to evaluate and determine the patient’s current medical condition or status.
Claim 5:
As per claim 5, Stein, Davis, and Childress teach the method of claim 1 as described above but do not teach further comprising:
receiving in the mobile telecommunications network, an indication that emergency medical treatment is required. However, Chandramouli teaches Cognitive Medication Containers Providing Targeted Medication Assistance and further teaches, “In other embodiments, if an adverse reaction, a potential adverse reaction, or an overdose is detected by medication assistant controller 118, controlled action generator 128 may additionally notify emergency services, a user's family member, and/or a user's physician. In the exemplary embodiment, medication assistant controller 118 may be capable of viewing a user's emergency medical record (EMR), which may contain contact information for the user's family member, or physician.” (paragraph 0055). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Stein to include receiving in the mobile telecommunications network, an indication that emergency medical treatment is required as taught by Chandramouli in order to notify the patient is under duress and/or needs medical attention.
and transmitting, over the mobile telecommunications network and to an emergency services provider, an emergency communication indicating that emergency medical treatment is required. However, Chandramouli teaches Cognitive Medication Containers Providing Targeted Medication Assistance and further teaches, “In other embodiments, if an adverse reaction, a potential adverse reaction, or an overdose is detected by medication assistant controller 118, controlled action generator 128 may additionally notify emergency services, a user's family member, and/or a user's physician. In the exemplary embodiment, medication assistant controller 118 may be capable of viewing a user's emergency medical record (EMR), which may contain contact information for the user's family member, or physician.” (paragraph 0055). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Stein to include transmitting, over the mobile telecommunications network and to an emergency services provider, an emergency communication indicating that emergency medical treatment is required as taught by Chandramouli in order to notify the emergency services that the patient is in need of medical attention.
Claim 10:
As per claim 10, Stein, Davis, and Childress teach the method of claim 1 as described above but do not teach further comprising:
receiving, in the mobile telecommunications network, an indication that the medical treatment has been administered and transmitting the indication to a control module for determining a medical treatment to be administered by the user. However, Chandramouli teaches Cognitive Medication Containers Providing Targeted Medication Assistance and further teaches, “In the example embodiment, and with reference to FIG. 3, medication consumption database 144 contains information detailing a user's consumption, or intake, of a particular medication listed in medication database 142. Medication consumption database 144 receives data input from one or more medication containers 130, which include one or more medications for a user. In the exemplary embodiment, medication consumption database 144 denotes which medication, or drug, a user consumes, the quantity consumed (Q), and the time that the user consumed it. This information may be stored as a data object within medication consumption database 144, as depicted in FIG. 3, as follows: <drugName, Q, timestamp>. In alternative embodiments, medication consumption database 144 may be stored within the software component of one or more medication containers 130.” (paragraph 0033) and “Medication consumption data receiver 124 includes a set of programming instructions in medication assistant controller 118, to receive from the one or more medication containers, medication consumption data of the user, wherein medication consumption data includes which medication of the at least one medication the user has taken, a time that the user took the at least one medication, and a quantity of the at least one medication taken by the user. The set of programming instructions is executable by a processor.” (paragraph 0048). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Stein to include receiving, in the mobile telecommunications network, an indication that the medical treatment has been administered and transmitting the indication to a control module for determining a medical treatment to be administered by the user as taught by Chandramouli in order to maintain a log or a record that the patient has consumed the medication.
Claim(s) 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Stein, Davis, and Childress as applied to claim 1 above, and further in view of Stanton US Publication 20140007806 A1.
Claim 8:
As per claim 8, Stein, Davis, and Childress teach the method of claim 1 as described above but do not teach further comprising:
transmitting, over the mobile telecommunications network and to the passively powered device, a third communication for causing the passively powered device to stop outputting the alert. However, Stanton teaches an Adjustable Reminder Label and further teaches, “More recently, an automatic pill reminder bottle was disclosed, that utilizes an electronic timer to generate alert signals including a vibrator, a speaker, etc., all of which are installed within a conventional pill bottle between the bottle cap and the bottle container. Also, a complex device was disclosed for recording periodic medicinal dosages. The device includes front and back plates that secure between them a plurality of slide assemblies with slide locks and related apparatus for indicating three positions for each of several slides. An alternative "medication management system" is sold under the trademark "SUREPILL" and includes a sleeve that surrounds the pill bottle wherein the sleeve includes ridges and valleys between the ridges. A tinted elastic "memory ring" can be positioned in any of the valleys between the many ridges. As a user takes pill from the bottle the user repositions the memory ring down the sleeve to indicate a pill has been taken. A more recent effort marketed by a company entitled Vitality, Inc. under the trademark "GLOWCAPS" utilizes a wireless reminder light that is plugged into a 120 volt standard house alternating current outlet while a special cap is secured to the pill bottle. The reminder light both flashes visually at a predetermined time to take a pill, and simultaneously transmits signal to the "GLOWCAP" in the individual's pocket, or on a bureau to activate an increasingly intense alarm, starting with a light and progressing to a phone call. This system also coordinates communications with the pharmacy to order refills. Upon opening and closing the "GLOWCAP" on the bottle, the "GLOWCAP" signals the reminder ring to stop transmitting alerts until the next time a pill should be taken.” (paragraph 0006). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Stein to include transmitting, over the mobile telecommunications network and to the passively powered device, a third communication for causing the passively powered device to stop outputting the alert as taught by Stanton in order to ensure the patient does not receive unnecessary alerts after consumption of the medication.
Claim 9:
As per claim 9, Stein, Davis, Childress and Stanton teach the method of claim 8 as described above and Stanton further teaches wherein the method further comprises:
receiving in the mobile telecommunications network, an indication that the passively powered device should stop outputting the alert and transmitting the third communication in dependence on receiving the indication that the passively powered device should stop outputting the alert (paragraph 0006). Therefore, it would have been obvious to one of ordinary skilled in the art at the time of filing to modify Stein to include receiving in the mobile telecommunications network, an indication that the passively powered device should stop outputting the alert and transmitting the third communication in dependence on receiving the indication that the passively powered device should stop outputting the alert as taught by Stanton in order to ensure the patient does not receive unnecessary alerts after based upon specific medical events.
Response to Arguments
Applicant’s arguments, see pages 7-8, filed December 8, 2025, with respect to the rejection(s) of claim(s) 1-10 and 19-20 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Stein, Davis, and Childress under 35 U.S.C. 103.
A. According to applicant’s argument on pages 6-7 disclose, “Accordingly, the amended claims are not directed to an abstract idea.” The examiner respectfully disagrees.
Independent claims 1 and 20 recite the limitations, “receiving in the mobile telecommunications network: an indication of the medical treatment to be administered, an indication of a terminal device registered to the user and an indication of a passively powered device associated with the user and associated with apparatus for administering the medical treatment, wherein the terminal device and the passively powered device are registered with the mobile telecommunications network; transmitting, over the mobile telecommunications network and to the terminal device, a first communication indicating the medical treatment to be administered; and transmitting, over the mobile telecommunications network and to the passively powered device, a second communication for causing the passively powered device to output an alert.” which are directed to the abstract idea of certain methods of managing personal behavior. Specifically, the limitations are directed to managing personal behavior through regulating or managing when a user/patient should their medicine (e.g., “transmitting, over the mobile telecommunications network and to the terminal device, a first communication indicating the medical treatment to be administered;”) and notifying which medicine to consume (e.g., “transmitting, over the mobile telecommunications network and to the passively powered device, a second communication for causing the passively powered device to output an alert.”).
B. According to applicant’s argument on pages 6-7 of the remarks disclose, “Initially, Applicant notes that the Examiner asserts that the claims are directed to the abstract idea of "managing personal behavior" (i.e., notifying a user to take medication), and that the claims do not integrate the idea into a practical application or provide an inventive concept. Applicant respectfully submits that, as amended, the claims are not directed to an abstract idea, but rather to a specific, practical technological solution to a technical problem in the field of medical adherence and device power management. The amended claims now expressly require that the passively powered device: Is configured to harvest energy from radio frequency (RF) waves received at the device; Outputs the alert using only energy harvested from RF waves; Some embodiments also require that the passively powered device does not include a battery or connection to an electricity grid. These limitations are not a generic computer implementation or mere automation of a process. Rather, the claims recite a specific, unconventional device architecture that solves a concrete technical problem, that is: how to provide reliable, maintenance-free alerts for medical adherence without the need for batteries or wired power. The claimed embodiments leverage the unique properties of RF energy harvesting to enable a device to operate solely on ambient RF energy, which is a technical improvement over conventional battery-powered or plug-in alerting devices. The claims also provide a technical solution to a technical problem. The Federal Circuit has held that claims are not abstract when they improve the functioning of a computer or other technology. Here, the claims improve the field of medical adherence devices by eliminating the need for batteries or wired power, thereby reducing maintenance, cost, and device failure due to power loss. This is a technical solution to a technical problem, not an abstract idea.” The examiner respectfully disagrees.
Under the 2019 Revised Patent Subject Matter Eligibility Guidance, determining whether a claim integrates a judicial exception into a practical application, examiners should consider whether the claimed invention pertains to an improvement in the functioning of the computer itself or any other technology or technical field. Additionally, making this determination, examiners should determine whether there is a technical explanation as to how to implement the invention in the specification and the claim itself reflects the improvement in technology. The recited claims do not recite and reflect an improvement in the technology or technical field as required in the 2019 Revised Patent Subject Matter Eligibility. Specifically, the applicant cites improvements such as eliminating the need for batteries or wired power, thereby reducing maintenance, cost, and device failure due to power loss. These features are not recited within the body of independent claims 1 and 20. The examiner notes the specification and claims do not provide a technical explanation as to how the invention/computer, technical field, or other technology is improved with regards to eliminating the need for batteries or wired power, thereby reducing maintenance, cost, and device failure due to power loss. Additionally, the applicant's arguments are geared towards the intended end result of the eliminating the need for batteries or wired power, thereby reducing maintenance, cost, and device failure due to power loss, but not how the improvement is performed or implemented. The examiner notes harvesting energy without batteries is not an improvement in the computer itself, technology, or technical field. Harvesting energy is not a new concept and it has been implemented in different technical fields or areas. Therefore, the examiner maintains the rejection.
Claim 20 rejected under 35 U.S.C. 101 has been withdrawn.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lemmon US Publication 20160196528 A1 Shipment Monitoring with Local Notification
Lemmon discloses a device, system and method of a shipment monitor that provides local notification of a condition of a package that at least partially contains the shipment monitor. The shipment monitor may also have a power source that extracts energy from its environment to sustain ongoing operation of all or part of the shipment monitor system. Methods of use and a system for implementing the shipment monitor are also described.
Chandler et al. US Publication 20140183947 A1 Methods and Apparatus for Managing and Utilizing Harvested Energy
Chandler discloses an apparatus and a method are provided for managing energy harvested from one or more environmental sources and using the harvested energy to power an electronic device. An apparatus includes a primary power source and an energy harvester onboard the apparatus for converting energy from the environmental sources into harvested energy. The apparatus further includes an energy controller connected to the primary power source and the energy harvester, where the energy controller uses the harvested energy to power an electronic device onboard the apparatus. The electronic device can include a hazard detector or an access control device. The apparatus can also provide backup power using the harvested energy to power the electronic device when the primary power source fails.
Pollack et al. US Publication 20110181399 A1 Energy Harvesting with RFID Tags
Pollack discloses RFID tags, such as those in boluses for ruminant animals, comprise RFID tags may be provided with energy harvesting (EH) capability so that they may collect energy from the environment, either deliberately radiated (such as RF) or gathered from existing sources (i.e., motion, heat, etc.). The energy collected by the RFID tag allows for independent (stand-alone) operation of the tag, such as for logging of temperature in one hour intervals, then transmitting the temperature readings (and ID) periodically (such as six times per day) to a reader (or equivalent, such as an active receiver) using an active RF transmitter (radio) or passive RFID techniques.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW L HAMILTON whose telephone number is (571)270-1837. The examiner can normally be reached Monday-Thursday 9:30-5:30 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fonya Long can be reached at (571)270-5096. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW L HAMILTON/Primary Examiner, Art Unit 3682