DETAILED ACTION
The present office action represents a final action on the merits.
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 .
Priority
This application claims the priority date of provisional application 63/434,664, of December 22, 2022.
Status of Claims
Claims 1, 8, 10, and 12 are amended, claim 7 is cancelled, and claims 1-6 and 8-15 are pending.
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 1-6 and 8-15 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.
Claims 1-6 and 8-11 are drawn to a method of establishing a patient care network using an informal care networking system, which is within the four statutory categories (i.e., process). Claims 12-15 are drawn to an informal care networking system, which is within the four statutory categories (i.e., machine).
Claims 1-6 and 8-11 recite a method of establishing a patient care network using an informal care networking system, the method comprising:
identifying a first informal care recipient based on a recommendation from a care provider and/or patient information extracted from electronic medical records of the first informal care recipient stored in a patient records database of the informal care networking system;
identifying an informal caregiver candidate based on caregiver information extracted from the electronic medical records of the first informal care recipient stored in the patient records database of the informal care networking system;
receiving, from the informal caregiver candidate, a pre-defined travel radius specifying a maximum distance or travel time within which the informal caregiver candidate is willing to provide care;
extracting, from the electronic medical records of the first informal care recipient, a home address or location of the first informal care recipient;
determining, prior to assigning, whether the home address or location of the first informal care recipient falls within the pre-defined travel radius of the informal caregiver candidate;
in response to determining that the home address or location of the first informal care recipient falls within the pre-defined travel radius of the informal caregiver candidate, assigning the informal caregiver candidate to the first informal care recipient in connection with one or more informal care tasks using the informal care networking system;
evaluating a performance of the informal caregiver candidate in connection with the one informal care tasks;
determining certification information for the informal caregiver candidate based on whether the performance of the informal caregiver candidate in connection with the one or more informal care tasks has met one or more competency criteria associated with the one or more informal care tasks; and
storing, in an informal care database of the informal care networking system, a caregiver record of the informal caregiver candidate, wherein the record comprises an identifying information of the informal caregiver candidate, the one or more informal care tasks performed for the first informal care recipient by the informal caregiver candidate, the performance of the informal caregiver candidate in connection with the one or more informal care tasks, and the certification information determined for the informal caregiver candidate.
Claims 12-15 recite an informal care networking system, comprising:
a patient records database comprising electronic medical records for a plurality of patients;
an informal care database comprising informal caregiver information for a plurality of informal caregiver candidates; and
one or more processors in communication with the patient records database and the informal care database, wherein the one or more processors are configured to:
identify at least a first informal care recipient based on a recommendation from a care provider and/or patient information extracted from electronic medical records of the first informal care recipient stored in the patient records database;
identify at least a first informal caregiver candidate based on caregiver information extracted from the electronic medical records of the first informal care recipient stored in the patient records database;
receive, from the informal caregiver candidate, a pre-defined travel radius specifying a maximum distance or travel time within which the informal caregiver candidate is willing to provide care;
extract, from the electronic medical records of the first informal care recipient, a home address or location of the first informal care recipient;
determine, prior to assigning, whether the home address or location of the first informal care recipient falls within the pre-defined travel radius of the informal caregiver candidate;
in response to determining that the home address or location of the first informal care recipient falls within the pre-defined travel radius of the informal caregiver candidate, assign the first informal caregiver candidate to the first informal care recipient in connection with one or more informal care tasks based on satisfying one or more assignment criteria;
evaluate a performance of the first informal caregiver candidate in connection with the one informal care tasks;
determine certification information for the first informal caregiver candidate based on whether the performance of the first informal caregiver candidate in connection with the one or more informal care tasks has met one or more competency criteria associated with the one or more informal care tasks; and
store, in the informal care database, a caregiver record of the first informal caregiver candidate, wherein the record comprises an identifying information of the first informal caregiver candidate, the one or more informal care tasks performed for the first informal care recipient by the first informal caregiver candidate, the performance of the first informal caregiver candidate in connection with the one or more informal care tasks, and the certification information determined for the first informal caregiver candidate.
The bolded limitations, given the broadest reasonable interpretation, cover a certain method of organizing human activity because it recites managing personal behavior or relationships or interactions between people (e.g., gathering patient information; managing patient information, in this case establishing a patient care network using an informal care networking system). The underlined limitations are not part of the identified abstract idea (the method of organizing human activity) and are deemed “additional elements,” and will be discussed in further detail below.
Dependent claims 2-6 and 8-11 and 13-15 are similarly rejected because they either further define/narrow the abstract idea and/or do not further limit the claim to a practical application or provide as inventive concept such that the claims are subject matter eligible even when considered individually or as an ordered combination. These limitations only serve to further limit the abstract idea (or contain the same additional elements found in the independent claim), and hence are nonetheless directed towards fundamentally the same abstract idea as independent claims 1 and 12.
The dependent claims recite additional limitations but these only serve to further limit the abstract idea, and hence are nonetheless directed towards fundamentally the same abstract idea as independent claims 1 and 12.
The additional elements from claims 1 and 12 include:
an informal care networking system (apply it, MPEP 2106.05(f)).
a patient records database (apply it, MPEP 2106.05(f)).
an informal care database (apply it, MPEP 2106.05(f)).
The additional elements from claim 12 include:
one or more processors (apply it, MPEP 2106.05(f)).
The dependent claims include other additional elements including:
a care provider interface (apply it, MPEP 2106.05(f)).
an informal caregiver interface (apply it, MPEP 2106.05(f)).
informal care recipient interface (apply it, MPEP 2106.05(f)).
These additional elements, in the independent claims are not integrated into a practical application because the additional elements (i.e., the limitations not identified as part of the abstract idea) amount to no more than limitations which:
amount to mere instructions to apply an exception – for example, the recitation of an informal care networking system, a patient records database, an informal care database, one or more processors, a care provider interface, an informal caregiver interface, informal care recipient interface, which amounts to merely invoking a computer as a tool to perform the abstract idea e.g., see Specification paragraphs [0018], [0035], [0044], [0070]-[0074], [0076] (See MPEP 2106.05(f)).
Furthermore, the claims do not include additional elements that are sufficient to amount to “significantly more” than the judicial exception because, the additional elements (i.e., the elements other than the abstract idea) amount to no more than limitations which:
amount to elements that have been recognized as well-understood, routine, and conventional activity in particular fields, as demonstrated by:
The Specification discloses that the additional elements are well-understood, routine, and conventional in nature (i.e., the Specification paragraphs [0018], [0035], [0044], [0070]-[0074], [0076] discloses that the additional elements (i.e., the informal care networking system, a patient records database, an informal care database, one or more processors, a care provider interface, an informal caregiver interface, informal care recipient interface) comprise a plurality of different types of generic computing systems that are configured to perform generic computer functions (i.e., receiving and transmitting data) that are well understood routine, and conventional activities previously known to the pertinent industry (i.e., healthcare, establishing a patient care network using an informal care networking system);
Relevant court decisions: The following example of court decision demonstrating well understood, routine and conventional activities, e.g., see MPEP 2106.05(d)(II): Receiving patient data, caregiver data, e.g., see Intellectual Ventures v. Symantec – similarly, the current invention receives data for patient care.
Dependent claims 2-6 and 8-11 and 13-15 include other limitations, but none of these functions are deemed significantly more than the abstract idea because the additional elements recited in the aforementioned dependent claims similarly represent no more than receiving or transmitting/indicate data over a system (e.g., receive informal caregiver data, patient data claims 2, 6, and 10.).
Thus, taken alone, the additional elements do not amount to “significantly more” than the above identified abstract idea. Furthermore, looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually, and there is no indication that the combination of elements improves any other technology, and their collective functions merely provide conventional computer implementation.
The application, is an attempt to organize human activity, using a system to receive and transmit patient, provider, and caregiver data. The inventive concept is the system and method establishing a patient care network using an informal care networking system, which is not patentable. Therefore, whether taken individually or as an ordered combination, claims 1-6 and 8-15 are nonetheless rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 8-9 and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (U.S. Pub. No. 2019/0122760 A1).
Regarding claim 1, Wang discloses a method of establishing a patient care network using an informal care networking system, the method comprising (Paragraph [0002] discusses a method and systems for dispatching/scheduling home health care services.):
identifying a first informal care recipient based on a recommendation from a care provider and/or patient information extracted from electronic medical records of the first informal care recipient stored in a patient records database of the informal care networking system (Paragraphs [0057]-[0059], [0080]-[0082], and [0130] discuss the system identifies whether a record of service requests stored in a database matches a patient, where patients are the individuals who receive care based on an authorization from a doctor or an insurance company and Coordinators review authorizations and how much service is to be provided for each patient, and look for Caregivers whose schedules fit into varying time frames and a database to store patient service information.);
identifying an informal caregiver candidate based on caregiver information extracted from the electronic medical records of the first informal care recipient stored in the patient records database of the informal care networking system (Paragraphs [0056], [0059]-[0060], [0065], and [0115]-[0116] discuss identify a caregiver who has the most experience using a database that stores patient information and caregiver profile information for a plurality of patients and caregivers, as well as any other data, and preferences may represent ideal or favored conditions for the service request, preconditions for service and a patient can set his/her preferences on a mobile device and update them at any point, the type of Caregiver dispatched typically depends on the type(s) and amount of service(s) each patient requires, for example, if the patient requires physical assistance, the particular caregiver’s size, strength, or other physical attributes may be considered when assigning the appropriate caregiver.);
receiving, from the informal caregiver candidate, a pre-defined travel radius specifying a maximum distance or travel time within which the informal caregiver candidate is willing to provide care (Paragraphs [0089], [0146], [0153], and [0155] discuss indicators may be used by a caregiver to assist with matching, includes profile information about the caregivers, current location, or particular distances from the patient, certain location and time preferences, for example, caregivers may also be able to preset selected locations in which he/she prefers to begin his/her shift or day, the area in which he/she prefers to work for the day, and the location in which he/she prefers to end his/her day – caregiver who resides in Brooklyn but prefers to primarily work in Flushing, Queens, may wish for his/her first service request to be a service from Brooklyn to Queens. After working his/her shift in Flushing, Queens, the caregiver may additionally prefer to have his final service request be a service from Flushing, Queens back to Brooklyn.);
extracting, from the electronic medical records of the first informal care recipient, a home address or location of the first informal care recipient (Paragraphs [0083]-[0084] and [0130] discuss patient data includes patients’ preferences and records and databases provide service based on patient’s preferences and needs, for example, the computing system determines whether its details match a record of any previous service requests stored in database, such as, for example, a matching patient name, a visit location, and/or a drop-off location.);
determining, prior to assigning, whether the home address or location of the first informal care recipient falls within the pre-defined travel radius of the informal caregiver candidate (Paragraphs [0089] discuss indicators may be used by a caregiver to assist with matching, includes profile information about the caregivers, current location, or particular distances from the patient, certain location and time preferences, for example, caregivers may also be able to preset selected locations in which he/she prefers to begin his/her shift or day, the area in which he/she prefers to work for the day, and the location in which he/she prefers to end his/her day – caregiver who resides in Brooklyn but prefers to primarily work in Flushing, Queens, may wish for his/her first service request to be a service from Brooklyn to Queens. After working his/her shift in Flushing, Queens, the caregiver may additionally prefer to have his final service request be a service from Flushing, Queens back to Brooklyn.);
in response to determining that the home address or location of the first informal care recipient falls within the pre-defined travel radius of the informal caregiver candidate, assigning the informal caregiver candidate to the first informal care recipient in connection with one or more informal care tasks using the informal care networking system (Paragraphs [0060] and [0089] discuss caregivers may also be able to preset selected locations and Caregivers can be matched to patients, and both Caregivers and Patients can preset their most favorite and least desired caregivers through respective favorite lists and blacklists. The parameters of service requests of Patients may include a number of hours or units of time needed, an authorization level, a certification level, one or more work items, a type of care, a visit start time, a visit location, and/or a visit end time. Caregivers and Patients may similarly be assigned to one another's favorite lists, preferred lists, or blacklists and the system can determine whether, on a particular designated date, optionally preset patient preferences match optionally preset caregiver preferences, and matching can be used in accordance with customized algorithms as described herein to preschedule a caregiver for a patient or find a best match on-demand.);
evaluating a performance of the informal caregiver candidate in connection with the one informal care tasks (Paragraphs [0065] and [0149] discusses indicators may be generated by matching a patient’s needs and preferences with a caregiver’s service records stored in a database, the indicators used to evaluate where caregivers have the most experience, for example, the caregiver having had more satisfactory services with a particular patient may be the preferred caregiver for the particular job.);
determining certification information for the informal caregiver candidate based on whether the performance of the informal caregiver candidate in connection with the one or more informal care tasks has met one or more competency criteria associated with the one or more informal care tasks (Paragraphs [0060] and [0230] discuss the parameters of service requests of Patients may include a number of hours or units of time needed, an authorization level, a certification level, one or more work items, a type of care, a visit start time, a visit location, and/or a visit end time. Caregivers and Patients may similarly be assigned to one another's favorite lists, preferred lists, or blacklists and the system can determine whether, on a particular designated date, optionally preset patient preferences match optionally preset caregiver preferences, and matching can be used in accordance with customized algorithms as described herein to preschedule a caregiver for a patient or find a best match on-demand, for example, if it is determined that potential caregivers are available, determine whether such caregivers are also assignable (e.g., whether any patient preferences or caregiver limitations preclude assignment of the service request to such caregivers, whether the caregiver is qualified and/or certified to provide the particular service needed, etc.); and
storing, in an informal care database of the informal care networking system, a caregiver record of the informal caregiver candidate, wherein the record comprises an identifying information of the informal caregiver candidate, the one or more informal care tasks performed for the first informal care recipient by the informal caregiver candidate, the performance of the informal caregiver candidate in connection with the one or more informal care tasks, and the certification information determined for the informal caregiver candidate (Paragraphs [0028], [0060], [0082], and [0230] discuss databases storing caregiver data, including caregivers’ profiles and tracking and updating caregiver profiles, preferences and limitations and retrieving, from the database, a set of the plurality of caregivers associated with the respective preset caregiver preferences and limitations; (ii) automatically establishing, by the server, in accordance with the one or more predetermined rules, for each respective service request of the batch, a weighted priority for each caregiver of the set, wherein the weighted priority is based on assigned weights for at least one service relevant factor associated with the respective service request, and wherein the at least one service relevant factor includes at least one of the plurality of preset caregiver preferences or limitations or at least one of the optionally preset patient preferences of the patient corresponding to the service request; and (iii) applying, by the server, the one or more predetermined rules to assign a caregiver from the set to the respective service request based on the weighted priority of the caregiver, for example, whether the caregiver is qualified and/or certified to provide the particular service needed, etc.).
Regarding claim 2, Wang discloses further comprising:
receiving, via a care provider interface of the informal care networking system, an input comprising the recommendation from the care provider, wherein the recommendation identifies one or more patients an informal care recipient (Paragraphs [0057]-[0059], and [0079]-[0082] discuss patients are the individuals who receive care based on an authorization from a doctor or an insurance company, Coordinators review authorizations and how much service is to be provided for each patient, and service request information received through the server interface may be stored in database and include, for example, the status of service requests; the status of service request acceptances by caregivers; the reasons from caregivers for cancelling service requests; the histories associated with assigned service requests; operation logs of coordinators, etc.).
Regarding claim 3, Wang discloses further comprising:
extracting patient information from the electronic medical records of the first informal care recipient stored in the patient records database of the informal care networking system (Paragraphs [0082]-[0083] discuss the computing system can access information stored in the databases including patient data such as patients’ profiles, personal data, etc.); and
extracting caregiver information from the electronic medical records of the first informal care recipient stored in the patient records database of the informal care networking system (Paragraphs [0082]-[0083] discuss the computing system can access information stored in the databases including patient data such as patients’ favorite caregiver lists, patients’ preferences, etc.).
Regarding claim 4, Wang discloses wherein the patient information identifies one or more informal care tasks that the first informal care recipient will need assistance performing (Paragraphs [0051], [0082]-[0083] and [0166] discuss the computing system can access information stored in the databases including patient data such as patients’ profiles, service requests data, etc., and preset preferences for a patient stored in the database, the services include at-home services, delivery service, or transport service.).
Regarding claim 5, Wang discloses wherein the caregiver information identifies one or more untrained individuals associated with the first informal care recipient who are able to assist the first informal care recipient in performing the one or more informal care tasks (Paragraph [0204] discuss matching attributes between the patient’s preset preferences and the caregivers’ preset preferences/limitations can include, for example, the following: caregiver’s driving experience, caregiver’s familiarity with the patient’s errand routes, caregiver’s experience handling certain types of medical equipment, handling services such as cooking, cleaning, laundry, nursing, physical therapy, showering, etc., accommodation for other special needs established in the patient’s plan of care, or any other attribute or preference.).
Regarding claim 6, Wang discloses further comprising:
identifying at least a second informal care recipient (Examiner notes that the prior art reference does not include “first”, “second”, or “third”, however, multiple patients are referenced.) based on a recommendation from a care provider and/or patient information extracted from the electronic medical records of at least the second informal care recipient stored in the patient records database of the informal care networking system (Paragraphs [0010]-[0011], [0057]-[0059] and [0080]-[0082] discuss customizable home health care service method and system having predetermined rules that determine matches and assignments of caregivers and patients where patients are the individuals who receive care based on an authorization from a doctor or an insurance company and Coordinators review authorizations and how much service is to be provided for each patient, and look for Caregivers whose schedules fit into varying time frames and a database to store patient service information.);
identifying an existing informal caregiver candidate based on caregiver information extracted from the caregiver records stored in the informal care database (Paragraphs [0014] discuss determine matches and assignments of caregivers, for example, creating a favorites list and a preferred list based on patient and caregiver selections such that favorite caregivers may be given priority to accept service requests from their favorite patients who are on their favorites list.); and
assigning, using the informal care networking system, the existing informal caregiver candidate to the second informal care recipient in connection with one or more informal care tasks based on satisfying one or more assignment criteria (Paragraph [0060] discusses Caregivers can be matched to patients, and both Caregivers and Patients can preset their most favorite and least desired caregivers through respective favorite lists and blacklists. The parameters of service requests of Patients may include a number of hours or units of time needed, an authorization level, a certification level, one or more work items, a type of care, a visit start time, a visit location, and/or a visit end time. Caregivers and Patients may similarly be assigned to one another's favorite lists, preferred lists, or blacklists and the system can determine whether, on a particular designated date, optionally preset patient preferences match optionally preset caregiver preferences, and matching can be used in accordance with customized algorithms as described herein to preschedule a caregiver for a patient or find a best match on-demand.).
Regarding claim 8, Wang discloses wherein the assignment criteria comprise a competency requirement for the one or more informal care tasks to be performed in connection with the second informal care recipient, and the existing informal caregiver candidate satisfies the assignment criteria if the existing informal caregiver candidate meets the competency requirement for the one or more informal care tasks to be performed in connection with the second informal care recipient (Paragraphs [0060] and [0230] discuss the parameters of service requests of Patients may include a number of hours or units of time needed, an authorization level, a certification level, one or more work items, a type of care, a visit start time, a visit location, and/or a visit end time. Caregivers and Patients may similarly be assigned to one another's favorite lists, preferred lists, or blacklists and the system can determine whether, on a particular designated date, optionally preset patient preferences match optionally preset caregiver preferences, and matching can be used in accordance with customized algorithms as described herein to preschedule a caregiver for a patient or find a best match on-demand, for example, if it is determined that potential caregivers are available, determine whether such caregivers are also assignable (e.g., whether any patient preferences or caregiver limitations preclude assignment of the service request to such caregivers, whether the caregiver is qualified and/or certified to provide the particular service needed, etc.).
Regarding claim 9, Wang discloses further comprising:
determining whether the second informal care recipient satisfies the assignment criteria by determining whether the second informal care recipient lives within the travel radius of the existing informal caregiver candidate based on patient information extracted from electronic medical records of the second informal care recipient stored in the patient records database of the informal care networking system (Paragraphs [0096] and [0154] discuss a computing system may include an application manager which, based on a patient’s current location or service location, may cause a region-specific patient interface feature to be output by a patient interface that includes the patient’s current location or a service location in which the patient wishes to preschedule service, the region identified by zip code, city name, metropolitan area name, etc., and may be an area having a certain distance or radius from the patient’s current location (e.g., one mile, five miles, etc.), or may be an area specifically partitioned from other areas and patient presets search radius for caregivers.); and
determining whether the existing informal caregiver candidate satisfies the assignment criteria by determining whether the existing informal caregiver candidate meets the competency requirement for the one or more informal care tasks to be performed in connection with the second informal care recipient based on caregiver records stored in the informal care database of the informal care networking system (Paragraphs [0060] and [0230] discuss the parameters of service requests of Patients may include a number of hours or units of time needed, an authorization level, a certification level, one or more work items, a type of care, a visit start time, a visit location, and/or a visit end time. Caregivers and Patients may similarly be assigned to one another's favorite lists, preferred lists, or blacklists and the system can determine whether, on a particular designated date, optionally preset patient preferences match optionally preset caregiver preferences, and matching can be used in accordance with customized algorithms as described herein to preschedule a caregiver for a patient or find a best match on-demand, for example, if it is determined that potential caregivers are available, determine whether such caregivers are also assignable (e.g., whether any patient preferences or caregiver limitations preclude assignment of the service request to such caregivers, whether the caregiver is qualified and/or certified to provide the particular service needed, etc.).
Regarding claim 12, Wang discloses an informal care networking system, comprising (Paragraph [0002] discusses a method and systems for dispatching/scheduling home health care services.):
a patient records database comprising electronic medical records for a plurality of patients (Paragraphs [0082]-[0084] discuss the computing system can access information stored in the databased including patient data, including patients’ profiles and preferences.);
an informal care database comprising informal caregiver information for a plurality of informal caregiver candidates (Paragraphs [0082]-[0084] discuss the computing system can access information stored in the databased including caregivers’ data, preferences or limitations.); and
one or more processors in communication with the patient records database and the informal care database, wherein the one or more processors are configured to (Paragraphs [0078] and [0114] discuss the system implemented through computing devices that allow the methods to be processed and output by a processor and the processor executes instructions on the computing device for retrieving relevant data from the database.):
identify at least a first informal care recipient based on a recommendation from a care provider and/or patient information extracted from electronic medical records of the first informal care recipient stored in the patient records database (Paragraphs [0057]-[0059], [0080]-[0082], and [0130] discuss the system identifies whether a record of service requests stored in a database matches a patient, where patients are the individuals who receive care based on an authorization from a doctor or an insurance company and Coordinators review authorizations and how much service is to be provided for each patient, and look for Caregivers whose schedules fit into varying time frames and a database to store patient service information.);
identify at least a first informal caregiver candidate based on caregiver information extracted from the electronic medical records of the first informal care recipient stored in the patient records database (Paragraphs [0056], [0059]-[0060], [0065], and [0115]-[0116] discuss identify a caregiver who has the most experience using a database that stores patient information and caregiver profile information for a plurality of patients and caregivers, as well as any other data, and preferences may represent ideal or favored conditions for the service request, preconditions for service and a patient can set his/her preferences on a mobile device and update them at any point, the type of Caregiver dispatched typically depends on the type(s) and amount of service(s) each patient requires, for example, if the patient requires physical assistance, the particular caregiver’s size, strength, or other physical attributes may be considered when assigning the appropriate caregiver.);
receive, from the informal caregiver candidate, a pre-defined travel radius specifying a maximum distance or travel time within which the informal caregiver candidate is willing to provide care (Paragraphs [0089], [0146], [0153], and [0155] discuss indicators may be used by a caregiver to assist with matching, includes profile information about the caregivers, current location, or particular distances from the patient, certain location and time preferences, for example, caregivers may also be able to preset selected locations in which he/she prefers to begin his/her shift or day, the area in which he/she prefers to work for the day, and the location in which he/she prefers to end his/her day – caregiver who resides in Brooklyn but prefers to primarily work in Flushing, Queens, may wish for his/her first service request to be a service from Brooklyn to Queens. After working his/her shift in Flushing, Queens, the caregiver may additionally prefer to have his final service request be a service from Flushing, Queens back to Brooklyn.);
extract, from the electronic medical records of the first informal care recipient, a home address or location of the first informal care recipient (Paragraphs [0083]-[0084] and [0130] discuss patient data includes patients’ preferences and records and databases provide service based on patient’s preferences and needs, for example, the computing system determines whether its details match a record of any previous service requests stored in database, such as, for example, a matching patient name, a visit location, and/or a drop-off location.);
determine, prior to assigning, whether the home address or location of the first informal care recipient falls within the pre-defined travel radius of the informal caregiver candidate (Paragraphs [0089] discuss indicators may be used by a caregiver to assist with matching, includes profile information about the caregivers, current location, or particular distances from the patient, certain location and time preferences, for example, caregivers may also be able to preset selected locations in which he/she prefers to begin his/her shift or day, the area in which he/she prefers to work for the day, and the location in which he/she prefers to end his/her day – caregiver who resides in Brooklyn but prefers to primarily work in Flushing, Queens, may wish for his/her first service request to be a service from Brooklyn to Queens. After working his/her shift in Flushing, Queens, the caregiver may additionally prefer to have his final service request be a service from Flushing, Queens back to Brooklyn.);
in response to determining that the home address or location of the first informal care recipient falls within the pre-defined travel radius of the informal caregiver candidate, assign the first informal caregiver candidate to the first informal care recipient in connection with one or more informal care tasks based on satisfying one or more assignment criteria (Paragraphs [0060] and [0089] discuss caregivers may also be able to preset selected locations and Caregivers can be matched to patients, and both Caregivers and Patients can preset their most favorite and least desired caregivers through respective favorite lists and blacklists. The parameters of service requests of Patients may include a number of hours or units of time needed, an authorization level, a certification level, one or more work items, a type of care, a visit start time, a visit location, and/or a visit end time. Caregivers and Patients may similarly be assigned to one another's favorite lists, preferred lists, or blacklists and the system can determine whether, on a particular designated date, optionally preset patient preferences match optionally preset caregiver preferences, and matching can be used in accordance with customized algorithms as described herein to preschedule a caregiver for a patient or find a best match on-demand.);
evaluate a performance of the first informal caregiver candidate in connection with the one informal care tasks (Paragraphs [0065] and [0149] discusses indicators may be generated by matching a patient’s needs and preferences with a caregiver’s service records stored in a database, the indicators used to evaluate where caregivers have the most experience, for example, the caregiver having had more satisfactory services with a particular patient may be the preferred caregiver for the particular job.);
determine certification information for the first informal caregiver candidate based on whether the performance of the first informal caregiver candidate in connection with the one or more informal care tasks has met one or more competency criteria associated with the one or more informal care tasks (Paragraphs [0060] and [0230] discuss the parameters of service requests of Patients may include a number of hours or units of time needed, an authorization level, a certification level, one or more work items, a type of care, a visit start time, a visit location, and/or a visit end time. Caregivers and Patients may similarly be assigned to one another's favorite lists, preferred lists, or blacklists and the system can determine whether, on a particular designated date, optionally preset patient preferences match optionally preset caregiver preferences, and matching can be used in accordance with customized algorithms as described herein to preschedule a caregiver for a patient or find a best match on-demand, for example, if it is determined that potential caregivers are available, determine whether such caregivers are also assignable (e.g., whether any patient preferences or caregiver limitations preclude assignment of the service request to such caregivers, whether the caregiver is qualified and/or certified to provide the particular service needed, etc.); and
store, in the informal care database, a caregiver record of the first informal caregiver candidate, wherein the record comprises an identifying information of the first informal caregiver candidate, the one or more informal care tasks performed for the first informal care recipient by the first informal caregiver candidate, the performance of the first informal caregiver candidate in connection with the one or more informal care tasks, and the certification information determined for the first informal caregiver candidate (Paragraphs [0028], [0060], [0082], and [0230] discuss databases storing caregiver data, including caregivers’ profiles and tracking and updating caregiver profiles, preferences and limitations and retrieving, from the database, a set of the plurality of caregivers associated with the respective preset caregiver preferences and limitations; (ii) automatically establishing, by the server, in accordance with the one or more predetermined rules, for each respective service request of the batch, a weighted priority for each caregiver of the set, wherein the weighted priority is based on assigned weights for at least one service relevant factor associated with the respective service request, and wherein the at least one service relevant factor includes at least one of the plurality of preset caregiver preferences or limitations or at least one of the optionally preset patient preferences of the patient corresponding to the service request; and (iii) applying, by the server, the one or more predetermined rules to assign a caregiver from the set to the respective service request based on the weighted priority of the caregiver, for example, whether the caregiver is qualified and/or certified to provide the particular service needed, etc.).
Regarding claim 13, Wang discloses wherein the one or more processors are further configured to:
identify at least a second informal care recipient based on a recommendation from a care provider and/or patient information extracted from the electronic medical records of at least the second informal care recipient stored in the patient records database;
identify an existing informal caregiver candidate based on caregiver information extracted from the caregiver records stored in the informal care database; and
assign the existing informal caregiver candidate to the second informal care recipient in connection with one or more informal care tasks based on satisfying one or more assignment criteria.
Regarding claim 14, Wang discloses further comprising an informal care recipient interface configured to receive patient-reported outcomes associated with the one or more informal care tasks performed by the informal caregiver candidate (Paragraphs [0082]-[0083] and [0238] discuss the computing system can access information stored in the databases including patient data such as patients’ favorite caregiver lists, patients’ preferences, etc. and feedback may include positive, neutral, or negative feedback based on evaluation of a provider’s performance by the patient.).
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 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.
Claims 10, 11, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Bochaton (U.S. Pub. No. 2018/0301218 A1).
Regarding claim 10, Wang discloses further comprising:
transmitting, via an informal caregiver interface of the informal caregiver networking system, an offer for additional training to the existing informal caregiver candidate in connection with one or more additional care tasks, wherein the one or more additional care tasks are different than the one or more informal care tasks (Paragraphs [0059] and [0079], [0100] discuss the server interfaces can send information to caregiver computing devices and various Training Schools for Caregivers may be provided on-site at the location of the agency or at a local area and the agency may employ people to provide lessons for the Caregivers to receive their certifications.);
receiving, via the informal caregiver interface of the informal caregiver networking system, an indication that the additional information is available in connection with the one or more additional care tasks (Paragraph [0060] discusses tracking and updating caregiver profiles, preferences and limitations.); and
updating, in the informal care database of the informal care networking system, the caregiver record for the existing informal caregiver candidate to include competency information in connection with the one or more additional care tasks (Paragraphs [0012], [0060], and [0230] discuss determine whether a caregiver is qualified and/or certified to provide the particular service needed and tracking and updating caregiver profiles, preferences and limitations or other information in order to provide quality services.).
Wang does not explicitly disclose:
receiving, via the informal caregiver interface of the informal caregiver networking system, an indication that the additional training has been completed by the existing informal caregiver candidate in connection with the one or more additional care tasks.
Bochaton teaches:
receiving, via the informal caregiver interface of the informal caregiver networking system, an indication that the additional training has been completed by the existing informal caregiver candidate in connection with the one or more additional care tasks (Paragraph [0045] discusses many acute care hospitals have a requirement for nursing staff to undergo orientation/onboarding using their specific training modules. Training may be online and a certificate or confirmation may be provided on successfully completing the training. Results of training completion may be stored against the profile of the user.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Wang to include, receiving, via the informal caregiver interface of the informal caregiver networking system, an indication that the additional training has been completed by the existing informal caregiver candidate in connection with the one or more additional care tasks, as taught by Bochaton, in order to maximize flexibility, optimize personnel costs and improve patient satisfaction. (Bochaton Paragraph [0002]).
Regarding claim 11, Wang discloses further comprising:
identifying at least a third informal care recipient based on a recommendation from a care provider and/or patient information extracted from the electronic medical records of at least the third informal care recipient stored in the patient records database of the informal care networking system (Paragraphs [0010]-[0011], [0057]-[0059] and [0080]-[0082] discuss customizable home health care service method and system having predetermined rules that determine matches and assignments of caregivers and patients where patients are the individuals who receive care based on an authorization from a doctor or an insurance company and Coordinators review authorizations and how much service is to be provided for each patient, and look for Caregivers whose schedules fit into varying time frames and a database to store patient service information.);
assigning, using the informal care networking system, the existing informal caregiver candidate to the third informal care recipient in connection with the one or more additional care tasks based on satisfying one or more assignment criteria (Paragraph [0060] discusses Caregivers can be matched to patients, and both Caregivers and Patients can preset their most favorite and least desired caregivers through respective favorite lists and blacklists. The parameters of service requests of Patients may include a number of hours or units of time needed, an authorization level, a certification level, one or more work items, a type of care, a visit start time, a visit location, and/or a visit end time. Caregivers and Patients may similarly be assigned to one another's favorite lists, preferred lists, or blacklists and the system can determine whether, on a particular designated date, optionally preset patient preferences match optionally preset caregiver preferences, and matching can be used in accordance with customized algorithms as described herein to preschedule a caregiver for a patient or find a best match on-demand.).
Regarding claim 15, Wang discloses further comprising an informal caregiver interface configured to:
(i) present additional training to an existing informal caregiver candidate in connection with one or more additional care tasks (Paragraphs [0059] and [0079], [0100] discuss the server interfaces can send information to caregiver computing devices and various Training Schools for Caregivers may be provided on-site at the location of the agency or at a local area and the agency may employ people to provide lessons for the Caregivers to receive their certifications.).
Wang does not explicitly disclose:
(ii) track completion of the additional training by the existing informal caregiver candidate in connection with the one or more additional care tasks.
Bochaton teaches:
(ii) track completion of the additional training by the existing informal caregiver candidate in connection with the one or more additional care tasks (Paragraph [0045] discusses many acute care hospitals have a requirement for nursing staff to undergo orientation/onboarding using their specific training modules. Training may be online and a certificate or confirmation may be provided on successfully completing the training. Results of training completion may be stored against the profile of the user.).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Wang to include, (ii) track completion of the additional training by the existing informal caregiver candidate in connection with the one or more additional care tasks, as taught by Bochaton, in order to maximize flexibility, optimize personnel costs and improve patient satisfaction. (Bochaton Paragraph [0002]).
Response to Arguments
Applicant’s arguments filed September 29, 2025 have been fully considered.
Claim objections:
Examiner withdraws the claim objections in light of Applicant’s amendments.
Rejections under 35 U.S.C. 101:
With respect to claim 1 and the Prong 1 35 U.S.C. 101 rejection, Applicant’s amendment fails to overcome the previous rejection. Claim 1 as amended recites an abstract idea, a method of organizing human activity. See MPEP 2106.04(a)(2)(II)(C) Managing Personal Behavior or Relationships or Interactions Between People. Applicant states, “the claims as a whole are not directed to an abstract idea similar to Enfish, (Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1336-37, 118 USPQ2d 1684, 1689-90 (Fed. Cir. 2016)) and thus are directed to statutory subject matter under 35 U.S.C. § 101. In particular, section 2106 of the MPEP recites: In contrast, the patentee in Enfish argued that its claimed self-referential table for a computer database was an improvement in an existing technology and thus not directed to an abstract idea. Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1336-37, 118 USPQ2d 1684, 1689-90 (Fed. Cir. 2016). The court agreed with the patentee, based on its interpretation of the claimed "means for configuring" under 35 U.S.C. 112(f) as requiring a four-step algorithm that achieved the improvements, as opposed to merely any form of storing tabular data. See also McRO, Inc. v. Bandai Namco Games America, Inc. 837 F.3d 1299, 1314, 120 USPQ2d 1091, 1102 (Fed. Cir. 2016) (the claim's construction incorporated rules of a particular type that improved an existing technological process).” (Remarks, pages 8-9). Examiner respectfully disagrees. Enfish is distinguishable from the present application because it is directed to an improvement to an existing technology. The Application does not contain any benefits improving functionality of the interface, system, or any technology. Receiving caregiver and patient data for creating and scaling informal care networks, is not a technical problem rooted in the technology. The claims as written fail to articulate a technical improvement. The improvement is to the abstract idea, creating and scaling informal care networks.
Rejections under 35 U.S.C. 102:
Applicant argues the amendments overcome the previous rejection. Applicant states, “Wang appears to disclose a location identifier that includes a GPS-system that tracks the location of patients looking to make service requests. In response to a patient's current location, the system causes a region specific patient interface feature to be outputted and show information about caregivers and/or services. (See, for example, para. [0096] of Wang). This is very different from amended claim 1 which recites assigning an informal caregiver candidate to an informal care recipient in response to determining that a location of the informal care recipient falls within a radius provided by the informal caregiver candidate.” (Remarks, page 10). Examiner respectfully disagrees. As detailed above, Wang discloses indicators may be used by a caregiver to assist with matching, includes profile information about the caregivers, current location, or particular distances from the patient, certain location and time preferences, for example, caregivers may also be able to preset selected locations in which he/she prefers to begin his/her shift or day, the area in which he/she prefers to work for the day, and the location in which he/she prefers to end his/her day – caregiver who resides in Brooklyn but prefers to primarily work in Flushing, Queens, may wish for his/her first service request to be a service from Brooklyn to Queens. After working his/her shift in Flushing, Queens, the caregiver may additionally prefer to have his final service request be a service from Flushing, Queens back to Brooklyn. See Paragraphs [0089], [0146], [0153], and [0155]. Applicant’s arguments with respect to amended claim 1 have been considered and the Examiner’s rejection has been amended to address Applicant’s claim 1 amendments.
Applicant’s arguments with respect to claims 1 and 12 have been considered and Examiner’s rejection has been amended to address Applicant’s claim 1 and 12 amendments.
Rejections under 35 U.S.C. 103:
Applicant argues the amendments overcome the previous rejection. Applicant’s arguments with respect to claims 1 and 12 have been considered and Examiner’s rejection has been amended to address Applicant’s claim 1 and 12 amendments. The dependent claims 10, 11, and 15 stand rejected in light of the amended rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any 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 DAWN TRINAH HAYNES whose telephone number is (571)270-5994. The examiner can normally be reached M-F 7:30-5:3015PM.
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/DAWN T. HAYNES/
Art Unit 3686
/RACHELLE L REICHERT/Primary Examiner, Art Unit 3686
Prosecution Insights