Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This action is in reply to the amendments filed on 10/24/2025.
Claims 1-8 were amended. Claims 14 and 15 were cancelled.
Claims 1-13 are currently pending and have been examined.
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 of this title, 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 1-5, 7-10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Taneja et al., U.S. Patent Application Publication 2019/0355482 A1 in view of Esmailian et al., U.S. Patent Application Publication US 2020/0402662 A1 and further in view of Stollman, U.S. Patent Application Publication US 2018/0197260 A1.
Claim 1:
Taneja discloses the following limitations as shown below:
a) a database (see at least Figures 2-5, server computers, 60; Paragraph 25, FIG. 2 shows an illustrative block diagram of a System 200 for system and methods of the present invention that may include one or more local or remotely connected servers and/or computers 60, and Terminals 20)
b) a system software (reads on “cloud-based application”) that interfaces with said database (see at least Figures 2-5, Ele. 60; Paragraph 5, Implementation of the present invention requires the design of a proprietary hardware and software to interface with existing virtual service that allow for the care of elderly and infirm clients; Paragraph 28, Server 60 may be directly linked to an online cloud-based application such as medical, dental, mental health, entertainment, delivery services, transportation services and other desired services to enable a patient to have the feeling of independence while being under supervised care; Paragraph 30, For example, a patient may not be feeling well and have a temperature of 101, this information is read by input device 25 and transmitted to Terminal 20. The information is then sent to Cloud-Based Application 95 and further sent to Server 60);
c) a subscriber interactive electronic device (reads on “Terminal”) that operates at least a portion of said system software; wherein a subscriber inputs health data through the subscriber interactive electronic device to the database (see at least Figures 2-5, Terminal, Ele. 20; Paragraph 8, The purpose is to allow clients, who are limited in their physical capabilities, due to mobility limitations, to socialize within an online community of age and condition-matched peers who also subscribe to the service; Paragraph 25, Terminals 20 may include Patient Care Terminals (PCT); Paragraph 30, In operation, Input Device 25 may send biometric sensor information to Terminal 20. Such information may be the sent to Cloud-Based Application 95 via any know protocol and such information may then be sent to Server 60. Other Networked Computers 82 may be used to read such information and send information back to Terminal 20 or other External Networked Computer 84. For example, a patent may not be feeling well and have a temperature of 101, this information is read by input device 25 and transmitted to Terminal 20. The information is then sent to Cloud-Based Application 95 and further sent to Server 60; users subscribe to the service, thereby making the terminal 20 a subscriber terminal);
d) a treatment regimen that is received by said subscriber through said subscriber interactive electronic device (see at least Figures 2-5, Terminal, Ele. 20; Paragraph 9, The present invention may further include mental health services such as counseling, group therapy, psychosocial assessments, and music therapy. For example, depression is a major problem among the elderly and the infirm, and online counseling, as offered in the present invention, may be a valuable tool to combat loneliness and depression among the elderly limited in their social support structure. Clients may access a social worker, a licensed therapist, or other mental health professionals on a regular or periodic basis to address acute or chronic mental health issues; Paragraph 28, Server 60 may be directly linked to an online cloud-based application such as medical, dental, mental health, entertainment, delivery services, transportation services and other desired services to enable a patient to have the feeling of independence while being under supervised care; Paragraph 30, Input Device 25 may send biometric sensor information to Terminal 20. Such information may be the sent to Cloud-Based Application 95 via any know protocol and such information may then be sent to Server 60. Other Networked Computers 82 may be used to read such information and send information back to Terminal 20 or other External Networked Computer 84. For example, a patent may not be feeling well and have a temperature of 101, this information is read by input device 25 and transmitted to Terminal 20. The information is then sent to Cloud-Based Application 95 and further sent to Server 60. Other Networked Computers 82 may be used to read such information and send information back to Terminal 20 or other External Networked Computer 84… The information that is obtained may allow a diagnosis and treatment plan that may be sent to the direct care providers who monitor and may administer treatment to the patient; a healthcare professional can use terminal 20 or external networked computer to receive the patient data for review in order to provide a treatment and diagnosis plan),
e) a health data input sensor that measures health data of said subscriber (see at least Paragraph 30, Input Device 25 may send biometric sensor information to Terminal 20. Such information may be the sent to Cloud-Based Application 95 via any know protocol and such information may then be sent to Server 60. Other Networked Computers 82 may be used to read such information and send information back to Terminal 20 or other External Networked Computer 84. For example, a patent may not be feeling well and have a temperature of 101, this information is read by input device 25 and transmitted to Terminal 20.);
wherein the system software produces an alert on said subscriber interactive electronic device when a dose of a dosing regimen is due (see at least Fig. 1, please remember to take your aspirin now; Paragraph 24, FIG. 1 shows a graphical user interface 100 for systems and methods of the present invention. As FIG. 1 shows, reminders, alerts, entertainment, social media, telemedicine, physical fitness, biometric data, etc. may be displayed to the user. The graphical user interface may be a touch screen, voice command activated, or may be used by any suitable means for communicating information to a user);
f) a member interactive electronic device that operates at least a portion of said system software (see at least Paragraph 58, The creation of patient teams could also be supported by an on-line or website portal that operates in conjunction with the compute device app. The website could further support a user's ability to select team mates based on geographic proximity, age group, gender, pharmaceutical protocol, or other applicable parameters. Further, the system could provide for caregivers to have the capability to create teams among their patients, of course with permission from each of the patients; Paragraph 63, As described above, where a “team” of patients is formed, if a patient within a team does not take his or her medication in a timely manner or at the correct dosage, then the system or app is able to prompt 113 one or more team members; Paragraph 66, Moreover, the system and methodology establishes an infrastructure platform which can be further leveraged and scaled to add value and capability for future system enhancements. In one embodiment, local compute devices, being smart phones or laptops …, and also in communication with one or more remote servers); and
wherein a member is selected by said subscriber on the subscriber interactive electronic device to have access to the subscriber's health data through the member interactive electronic device (see at least Paragraph 3; Paragraph 57, Just being a contributing member of a team boosts the patient's incentive to stay on schedule. The system boosts this incentive by giving the team information to assist in collaborating to keep each team member in compliance and on schedule; Paragraph 65, In view of the strict regulatory privacy concerns relating to personal healthcare information, compliance with the prescription pharmaceutical protocol could also be monitored by the doctor with permission from the patient);
wherein the system software produces an alert on said member interactive electronic device when a dose of the dosing regimen is due for said subscriber (see at least Paragraph 56, in the event that a scheduled medicine dosage is missed, the software or app can prompt the patient, and/or alert teammates, or one or more permitted caregivers; Paragraph 63, As described above, where a “team” of patients is formed, if a patient within a team does not take his or her medication in a timely manner or at the correct dosage, then the system or app is able to prompt 113 one or more team members; Paragraph 66, Moreover, the system and methodology establishes an infrastructure platform which can be further leveraged and scaled to add value and capability for future system enhancements. In one embodiment, local compute devices, being smart phones or laptops …, and also in communication with one or more remote servers); and
wherein the system software is configured to receive a confirmation input from the subscriber interactive device to confirm that said dose of the dosing regimen has been taken (see at least Fig. 1, Check “yes” once you take it);
wherein the health data measured by the health data input sensor is provided to the member interactive electronic device (see at least Paragraph 30, Input Device 25 may send biometric sensor information to Terminal 20. Such information may be the sent to Cloud-Based Application 95 via any know protocol and such information may then be sent to Server 60. Other Networked Computers 82 may be used to read such information and send information back to Terminal 20 or other External Networked Computer 84. For example, a patent may not be feeling well and have a temperature of 101, this information is read by input device 25 and transmitted to Terminal 20. The information is then sent to Cloud-Based Application 95 and further sent to Server 60. Other Networked Computers 82 may be used to read such information and send information back to Terminal 20 or other External Networked Computer 84… The information that is obtained may allow a diagnosis and treatment plan that may be sent to the direct care providers who monitor and may administer treatment to the patient; a healthcare professional can use terminal 20 or external networked computer to receive the patient data for review in order to provide a treatment and diagnosis plan).
Taneja may or may not specifically disclose the following limitations, but Esmailian as shown does:
wherein the treatment regimen includes a dosing regimen (see at least Paragraph 19, The user CB regimen/prescription data 103 may also include product administration and adherence information, such as dosage, timing, frequency, and form of delivery of the product; Paragraph 20; Paragraph 21);
At the time of the filing of the application it would have been obvious to one of ordinary skill in the art to combine the teaching of the wellness system of Taneja with the dose regimen of Esmailian with the motivation for the benefit “… to leverage clinical data insights together with personal wellness device(s) in light of responsiveness to particular treatment regimens for particular patients and/or symptoms” and “… to effectively detect, quantify, interpret, and correlate improvements” (Esmailian, see at least Paragraph 14 and Paragraph 17).
Taneja may or may not specifically disclose the following limitations, but Stollman as shown does:
wherein the dosing regimen is modified by the software system when the system software does not receive the confirmation input from the subscriber interactive device (see at least Paragraph 67, automatically analyze various physiological data and metrics, and accordingly alter medication dosages or protocols, including schedules; Paragraph 78, based upon the sensor data monitored and transmitted, the application may itself automatically calculate 312 any required revision to the dosage schedule. Where the medication change is merely a schedule change (e.g., delaying the next dose), it may be independently updated and completed by the application, by altering the time at which the user is prompted to take the next dose); and
At the time of the filing of the application it would have been obvious to one of ordinary skill in the art to combine the teaching of the wellness system of Taneja and the dose regimen of Esmailian with the modification feature of Stollman with the motivation for providing “ … systems and methods to monitor a patient's adherence to medication protocols, and to incentivize the patient to adhere to the medication protocols for the entire prescription duration” (Stollman, see at least Paragraph 18).
Claim 2:
The combination of Taneja/Esmailian/Stollman discloses the limitations as shown in the rejections above. Taneja further discloses the following limitations:
wherein the health data input sensor (reads on “input devices 25”) provides the health data to the subscriber interactive electronic device (see at least Figures 2-5; Paragraph 29, One example of operation of the present invention in operation may include Input Devices 25 that may include biometric sensors such as blood pressure sensors, temperature sensors, SPO2 sensors, A1C sensors or any other suitable sensor may be input to Terminals 20; Paragraph 30, For example, a patient may not be feeling well and have a temperature of 101, this information is read by input device 25 and transmitted to Terminal 20).
Claim 3:
The combination of Taneja/Esmailian/Stollman discloses the limitations as shown in the rejections above. Taneja further discloses the following limitations:
wherein the health data input sensor is a blood glucose sensor (see at least Figures 2-5; Paragraph 7, The present invention may further include biometric sensors to monitor blood pressure, EKG, blood glucose, respiration, SPO2, temperature, or any other sensors to enable medical staff to triage the severity of acute problems and to monitor acute or chronic care; Paragraph 29 , One example of operation of the present invention in operation may include Input Devices 25 that may include biometric sensors such as blood pressure sensors, temperature sensors, SPO2 sensors, A1C sensors or any other suitable sensor may be input to Terminals 20; Paragraph 30, For example, a patient may not be feeling well and have a temperature of 101, this information is read by input device 25 and transmitted to Terminal 20).
Claim 4:
The combination of Taneja/Esmailian/Stollman discloses the limitations as shown in the rejections above. Taneja further discloses the following limitations:
wherein the health data input sensor is blood pressure sensor (see at least Figures 2-5; Paragraph 29, One example of operation of the present invention in operation may include Input Devices 25 that may include biometric sensors such as blood pressure sensors, temperature sensors, SPO2 sensors, A1C sensors or any other suitable sensor may be input to Terminals 20; Paragraph 30, For example, a patient may not be feeling well and have a temperature of 101, this information is read by input device 25 and transmitted to Terminal 20).
Claim 5:
The combination of Taneja/Esmailian/Stollman discloses the limitations as shown in the rejections above. Taneja further discloses the following limitations:
wherein the health data input sensor is a thermometer (see at least Figures 2-5; Paragraph 29, One example of operation of the present invention in operation may include Input Devices 25 that may include biometric sensors such as blood pressure sensors, temperature sensors, SPO2 sensors, A1C sensors or any other suitable sensor may be input to Terminals 20; Paragraph 30, For example, a patient may not be feeling well and have a temperature of 101, this information is read by input device 25 and transmitted to Terminal 20; a thermometer is used to obtain a user’s temperature).
Claim 7:
The combination of Taneja/Esmailian/Stollman discloses the limitations as shown in the rejections above. Taneja further discloses the following limitations:
wherein the health data from the health data input sensor (reads on “input devices 25”) is manually input to the subscriber interactive electronic device (reads on “terminal 20” for subscriber)(see at least Figures 2-6; Paragraph 31, FIG. 6. Shows a graphical user interface display of a human body that allows the user to mark and transmit information to server 60. As part of the virtual health and wellness system a graphical user interface display of a human body may be provided on Terminal 20 or cloud-based application 95 to allow the user to mark and transmit information to server 60 via a cloud-based application 95; Fig. 6 shows the user input to manually enter data related to the patient).
Claim 8:
The combination of Taneja/Esmailian/Stollman discloses the limitations as shown in the rejections above. Taneja further discloses the following limitations:
wherein the health data from the health data input sensor is automatically input to the subscriber interactive electronic device (reads on “terminal 20” for subscriber)(see at least Figures 2-5; Paragraph 29, One example of operation of the present invention in operation may include Input Devices 25 that may include biometric sensors such as blood pressure sensors, temperature sensors, SPO2 sensors, A1C sensors or any other suitable sensor may be input to Terminals 20 via, for example, Link 51 which may be a wireless communication link such as a cellular telephone link, a wireless Internet link, wireless network link, or a wireless modem for sending information from biometric sensor information to such Terminal 20; Paragraph 30, In operation, Input Device 25 may send biometric sensor information to Terminal 20. … For example, a patient may not be feeling well and have a temperature of 101, this information is read by input device 25 and transmitted to Terminal 20).
Claim 9:
The combination of Taneja/Esmailian/Stollman discloses the limitations as shown in the rejections above. Taneja further discloses the following limitations:
wherein the health data from the health data input sensor is automatically input to database through a wireless transceiver (see at least Figures 2-5, link 51; Paragraph 29, One example of operation of the present invention in operation may include Input Devices 25 that may include biometric sensors such as blood pressure sensors, temperature sensors, SPO2 sensors, A1C sensors or any other suitable sensor may be input to Terminals 20 via, for example, Link 51 which may be a wireless communication link such as a cellular telephone link, a wireless Internet link, wireless network link, or a wireless modem for sending information from biometric sensor information to such Terminal 20. For example, Link 51 may also be any suitable local, short, or intermediate range communications link such as a Bluetooth.TM. or IrDA infrared link. Any other type of appropriate wireless link may also be used if desired; Paragraph 30, In operation, Input Device 25 may send biometric sensor information to Terminal 20. Such information may be the sent to Cloud-Based Application 95 via any know protocol and such information may then be sent to Server 60. Other Networked Computers 82 may be used to read such information and send information back to Terminal 20 or other External Networked Computer 84. For example, a patient may not be feeling well and have a temperature of 101, this information is read by input device 25 and transmitted to Terminal 20. The information is then sent to Cloud-Based Application 95 and further sent to Server 60).
Claim 10:
The combination of Taneja/Esmailian/Stollman discloses the limitations as shown in the rejections above. Taneja further discloses the following limitations:
wherein the at least a portion of said system software operating on the subscriber interactive electronic device is an App (see at least Paragraph 15, a client device operably connected to the server using a cloud-based server application using at least one of a plurality of communications devices and control modules).
Claim 13:
The combination of Taneja/Esmailian/Stollman discloses the limitations as shown in the rejections above. Taneja further discloses the following limitations:
wherein the treatment regimen (see at least Paragraph 30, Of course, other information on the patient may be necessary and such information may be obtained by other sensors as well as other patient information stored within Server 60. The information that is obtained may allow a diagnosis and treatment plan that may be sent to direct care providers who monitor and may administer treatment to the patient)
Taneja may or may not specifically disclose the following limitations, but Esmailian as shown does:
included a prescribed medication with a dose regimen (see at least Paragraph 19, The user CB regimen/prescription data 103 may also include product administration and adherence information, such as dosage, timing, frequency, and form of delivery of the product; Paragraph 20; Paragraph 21).
At the time of the filing of the application it would have been obvious to one of ordinary skill in the art to combine the teaching of the wellness system of Taneja with the dose regimen of Esmailian with the motivation for the benefit “… to leverage clinical data insights together with personal wellness device(s) in light of responsiveness to particular treatment regimens for particular patients and/or symptoms” and “… to effectively detect, quantify, interpret, and correlate improvements” (Esmailian, see at least Paragraph 14 and Paragraph 17).
Claims 6 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Taneja et al., U.S. Patent Application Publication 2019/0355482 A1 in view of Esmailian et al., U.S. Patent Application Publication US 2020/0402662 A1 in view of Stollman, U.S. Patent Application Publication US 2018/0197260 A1 and further in view of Anderson, U.S. Patent Application Publication US 2014/0032234 A1.
Claim 6:
The combination of Taneja/Esmailian/Stollman discloses the limitations as shown in the rejections above. Taneja further discloses the following limitations:
wherein the health data input sensor (reads on “input devices 25”) (see at least Figures 2-5; Paragraph 7, The present invention may further include biometric sensors to monitor blood pressure, EKG, blood glucose, respiration, SPO2, temperature, or any other sensors to enable medical staff to triage the severity of acute problems and to monitor acute or chronic care; Paragraph 29, One example of operation of the present invention in operation may include Input Devices 25 that may include biometric sensors such as blood pressure sensors, temperature sensors, SPO2 sensors, A1C sensors or any other suitable sensor may be input to Terminals 20; Paragraph 30, For example, a patient may not be feeling well and have a temperature of 101, this information is read by input device 25 and transmitted to Terminal 20).
Taneja may or may not specifically disclose heart rate sensor (reads on “heart rate monitor”), but Anderson in at least Paragraph 26, “In such examples, each user device may be implemented as a pedometer, heart rate monitor, or other device configured to measure biometric data of a user. Data generated by each user device may be indicative of an activity level of a user which, in turn, can be used as a proxy for the health and wellness of the user“, as shown does.
At the time of the filing of the application it would have been obvious to one of ordinary skill in the art to combine the teaching of the wellness system of Taneja, the dose regimen of Esmailian and the modification feature of Stollman with the heart rate sensor of Anderson with the motivation for providing “…a variety of other user engagement and user monitoring functions so as to encourage the user to engage in a healthy lifestyle …” and “… devices, systems and techniques for monitoring the health and welfare of an individual and encouraging the individual to engage in conduct that improves their health and wellbeing” (Anderson, see at least Paragraphs 10 and Paragraph 20).
Claim 11:
The combination of Taneja/Esmailian/Stollman discloses the limitations as shown in the rejections above. Taneja further discloses the following limitations:
wherein the subscriber interactive electronic device is an electronic device (see at least Paragraph 26, Communications link 32 and 70 may preferably be a wireless communication link such as a cellular telephone link; Paragraph 32, In step 720, providing a plurality of local and remote communications devices and control modules that are operably connected to a cloud-based application. In step 730, providing a client device operably connected to the server using a cloud-based server application using at least one of a plurality of communications devices and control modules, wherein the cloud-based application processes data received from the client device using the server processor, and wherein the processed data is communicated bi-directionally between the server and the client device, wherein the client device that includes a plurality of biometric sensors to measure a plurality of biometric readings the plurality of biometric readings are a blood pressure reading, a temperature reading, a glucose reading, a cholesterol reading, a red blood cell count reading, and a white blood cell count reading. In step 740, Providing a client device has an editable graphical representation of the human body allowing a user on the client device to graphically show points of issue on the editable graphical representation of the human body).
Taneja may or may not specifically disclose mobile phone, but Anderson in at least Paragraph 23, “User devices 8 may include virtually any computing device capable of receiving and sending information over a network, such as network 10, to and from another computing device, such as social network server 4, each other, and the like. User devices 8 may include devices that typically connect using a wired communications medium such as personal computers, multiprocessor systems, microprocessor-based or programmable consumer electronics, network PCs, and the like. User devices 8 may also include devices that typically connect using a wireless communications medium such as cell phones, smart phones, tablet computers, pagers, radio frequency (RF) devices, infrared (IR) devices, integrated devices combining one or more of the preceding devices, or virtually any mobile device, and the like”, as shown does.
At the time of the filing of the application it would have been obvious to one of ordinary skill in the art to combine the teaching of the wellness system of Taneja, the dose regimen of Esmailian and the modification feature of Stollman with the mobile phone of Anderson with the motivation for providing “…a variety of other user engagement and user monitoring functions so as to encourage the user to engage in a healthy lifestyle …” and “… devices, systems and techniques for monitoring the health and welfare of an individual and encouraging the individual to engage in conduct that improves their health and wellbeing” (Anderson, see at least Paragraphs 10 and Paragraph 20).
Claim 12:
The combination of Taneja/Esmailian/Stollman discloses the limitations as shown in the rejections above. Taneja further discloses the following limitations:
wherein the subscriber interactive electronic device is a computer (see at least Paragraph 25, FIG. 2 shows an illustrative block diagram of a System 200 for system and methods of the present invention that may include one or more local or remotely connected servers and/or computers 60, and Terminals 20; Paragraph 26, Communications link 32 and 70 may preferably be a wireless communication link such as a cellular telephone link, a wireless Internet link, wireless network link, or a wireless modem for receiving information from a cloud-based application and one or more third-party servers; Paragraph 31, FIG. 6. Shows a graphical user interface display of a human body that allows the user to mark and transmit information to server 60. As part of the virtual health and wellness system a graphical user interface display of a human body may be provided on Terminal 20 or cloud-based application 95 to allow the user to mark and transmit information to server 60 via a cloud-based application 95. The graphical user interface display of a human body may use touch screen technology, or any other suitable technology to mark areas of concern for the patient; Paragraph 32, In step 720, providing a plurality of local and remote communications devices and control modules that are operably connected to a cloud-based application. In step 730, providing a client device operably connected to the server using a cloud-based server application using at least one of a plurality of communications devices and control modules, wherein the cloud-based application processes data received from the client device using the server processor, and wherein the processed data is communicated bi-directionally between the server and the client device, wherein the client device that includes a plurality of biometric sensors to measure a plurality of biometric readings the plurality of biometric readings are a blood pressure reading, a temperature reading, a glucose reading, a cholesterol reading, a red blood cell count reading, and a white blood cell count reading. In step 740, Providing a client device has an editable graphical representation of the human body allowing a user on the client device to graphically show points of issue on the editable graphical representation of the human body).
Taneja may or may not specifically disclose tablet computer, but Anderson in at least Paragraph 23, “User devices 8 may include virtually any computing device capable of receiving and sending information over a network, such as network 10, to and from another computing device, such as social network server 4, each other, and the like. User devices 8 may include devices that typically connect using a wired communications medium such as personal computers, multiprocessor systems, microprocessor-based or programmable consumer electronics, network PCs, and the like. User devices 8 may also include devices that typically connect using a wireless communications medium such as cell phones, smart phones, tablet computers, pagers, radio frequency (RF) devices, infrared (IR) devices, integrated devices combining one or more of the preceding devices, or virtually any mobile device, and the like”, as shown does.
At the time of the filing of the application it would have been obvious to one of ordinary skill in the art to combine the teaching of the wellness system of Taneja, the dose regimen of Esmailian and the modification feature of Stollman with the tablet computer of Anderson with the motivation for providing “…a variety of other user engagement and user monitoring functions so as to encourage the user to engage in a healthy lifestyle …” and “… devices, systems and techniques for monitoring the health and welfare of an individual and encouraging the individual to engage in conduct that improves their health and wellbeing” (Anderson, see at least Paragraphs 10 and Paragraph 20).
Response To Arguments
Applicant’s arguments from the response filed on 10/24/2025 have been fully considered but they are not persuasive. Applicant’s arguments will be addressed below in the order in which they appeared.
In the remarks, Applicant asserts that (1) Regarding amended limitations of independent claim 1, Taneja et al. does not describe the newly amended limitation that states that ”system software produces an alert on said member interactive electronic device when a dose of dosing regimen is due for said subscriber”; and (2) Claim 1 now includes limitations of claim 15 and additional language regarding how a member is selected by the subscriber on the subscriber electronic device to receive alerts when a dosing regimen is not followed and also to receive the health data from the health data input sensor. The combination of references of Taneja et al., Esmailian et al., and Stollman do not describe this function and feature of the wellness system, and therefore claim 1 as now amended would not be obvious in view of the combination of teachings of the references.
In response to applicant’s arguments (1) as listed above, the examiner respectfully disagrees. Applicant’s arguments pertain to newly amended limitations, and have been addressed in the rejections above. As such, Applicant’s arguments have been considered but are not found to be persuasive.
In response to applicant’s arguments (2) as listed above, the examiner respectfully disagrees. Applicant's arguments fail to comply with 37 CFR 1.11 l(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. As such, Applicant’s arguments have been considered but are not found to be persuasive.
Conclusion
Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joy Chng whose telephone number is 571.270.7897. The examiner can normally be reached on Monday-Thursday and every other Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, JASON DUNHAM can be reached on 571.272.8109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Joy Chng/
Primary Examiner, Art Unit 3686