Prosecution Insights
Last updated: August 15, 2026
Application No. 18/587,691

Method and System for Predicting Medical Diagnoses Using Machine Learning without Patient Intervention

Non-Final OA §112
Filed
Feb 26, 2024
Priority
Feb 24, 2023 — provisional 63/486,861
Examiner
PAULS, JOHN A
Art Unit
3683
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Elevance Health Inc.
OA Round
3 (Non-Final)
49%
Grant Probability
Moderate
3-4
OA Rounds
1y 3m
Est. Remaining
76%
With Interview

Examiner Intelligence

Grants 49% of resolved cases
49%
Career Allowance Rate
419 granted / 852 resolved
-2.8% vs TC avg
Strong +27% interview lift
Without
With
+26.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
21 currently pending
Career history
880
Total Applications
across all art units

Statute-Specific Performance

§101
29.2%
-10.8% vs TC avg
§103
34.6%
-5.4% vs TC avg
§102
10.0%
-30.0% vs TC avg
§112
21.3%
-18.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 852 resolved cases

Office Action

§112
DETAILED ACTION Status of Claims This action is in reply to the communication filed on 7 April, 2026. Claims 1, 6, 15 and 20 have been amended. Claims 1 – 20 are currently pending and have been examined. 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7 April, 2026 has been entered. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. Claims 1 – 20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Claims 1 and 15 recite a sequence of steps related to training machine learning models, including: inputting the prediction target and the clinical data into machine learning models that are trained to predict diagnosis risk, wherein the machine learning models include (i) a first model trained from existing data and (ii) a second model that is distinct from the first model, and the first model is configured to determine the diagnosis risk score independent of the training of the second model; training the second model of the machine learning models using the screening result; wherein the machine learning models are trained using training data comprising historical claims data, historical clinical data, and historical demographic data, from a population of prior patients, and wherein the machine learning models are trained to detect correlation between medical diagnosis signals identified from the training data, and a positive result from the screening mechanism for likelihood of the medical diagnosis. Examiner cannot determine the metes and bounds of the claims. In particular, it is unclear what training data is used to train the models and what inputs the models require. For example, the claims require training a first and second model. The first model is trained using “existing data” – i.e. training data comprising historical claims data, historical clinical data, and historical demographic data, from a population of prior patients.” The first model is trained to detect “correlation between medical diagnosis signals identified from the training data, and a positive result from the screening mechanism.” The first model only receives as input the “prediction target and the clinical data”. Similarly, the claims recite that the second model is trained using training data comprising historical claims data, historical clinical data, and historical demographic data, from a population of prior patients.” The second model is also trained to detect “correlation between medical diagnosis signals identified from the training data, and a positive result from the screening mechanism.” The second model is further trained using the screening result. The specification discloses that the first model (i.e. a base or initial model) is trained to determine a diagnosis risk score using historical claims, clinical and demographic training data, and the prediction target alone; and the second model is trained using historical claims, clinical and demographic data as well as the screening result. In particular, the recited second model is disclosed as the first model being enhanced using reinforcement learning to refine the first model using the screening results. Further, the specification discloses that the screening results are obtained using well-known questionnaires; and that the questionnaires are provided to patient based on their diagnosis risk score. As such, it appears that the “transmitting . . . a recommendation” step should occur before the “performing a screening” step. The recommendation for further evaluation IS a recommendation to perform the screening mechanism. Examiner suggest the following sequence of steps: A method of predicting a medical diagnosis for a patient, independent of prior diagnosis obtained from interviewing or examining the patient, the method comprising: autonomously receiving, at a processor of a computer system, claims data, clinical data and demographic data relating to the patient, from one or more network databases; determining, by the processor, from the claims data, whether a prediction target for the medical diagnosis is present; in response to a determination that the prediction target is present: inputting the prediction target and the clinical data into machine learning models that are trained to predict diagnosis risk, wherein the machine learning models include (i) a first model trained from existing data and (ii) a second model that is distinct from the first model, and the first model is configured to determine the diagnosis risk score independent of the training of the second model; determining, using the first machine learning model, a diagnosis risk score; wherein the first machine learning model is trained using training data comprising historical claims data, historical clinical data, and historical demographic data, from a population of prior patients, to detect correlation between medical diagnosis signals identified from the training data, and a positive result from a screening mechanism for likelihood of the medical diagnosis, and determining, by the processor, a care seeking propensity score, from the demographic data, wherein the care seeking propensity score is related to whether the patient is a member of a group with a propensity to seek care that is lower than a reference care seeking propensity score for other patients; weighting, by the processor, the diagnosis risk score by the care seeking propensity score to create a weighted diagnosis risk score; determining whether the weighted diagnosis risk score indicates a likelihood of the medical diagnosis; and in response to the determination that the weighted diagnosis risk score indicates a likelihood of the medical diagnosis: automatically transmitting, over a network, a recommendation for further patient screening to a digital device associated with the patient; performing a screening mechanism on the patient to obtain a screening result; training the second model of the machine learning models using the screening result; wherein training the second machine learning model comprises performing reinforcement learning applied to the first machine learning model based on the screening results. Response to Arguments Applicant’s arguments, filed 7 April, 2026, have been fully considered and are persuasive. The rejections have been withdrawn. The U.S.C. §101 Rejection Applicant argues that the architecture of the machine learning models provides an improvement, although there is no support for some of the specific improvements asserted by the Applicant (i.e. “balance the demand for computational resources” “reduce processing time”). Nonetheless, the claims (as suggested above) are directed to a process that provides an improvement to a machine learning model itself, by applying reinforcement learning to a trained model using actual results (i.e. ground truth). Even though reinforcement learning may be routine and purely conventional, the specification expressly discloses an improved model using this technique. CONCLUSION The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 11,482,322 B1 to Bhansali et al. discloses a system and method for medical risk determination that includes using machine learning models and feedback for refining the model. Any inquiry of a general nature or relating to the status of this application or concerning this communication or earlier communications from the Examiner should be directed to John A. Pauls whose telephone number is (571) 270-5557. The Examiner can normally be reached on Mon. - Fri. 8:00 - 5:00 Eastern. If attempts to reach the examiner by telephone are unsuccessful, the Examiner’s supervisor, Robert Morgan can be reached at (571) 272-6773. Official replies to this Office action may now be submitted electronically by registered users of the EFS-Web system. Information on EFS-Web tools is available on the Internet at: http://www.uspto.gov/patents/process/file/efs/guidance/index.jsp. An EFS-Web Quick-Start Guide is available at: http://www.uspto.gov/ebc/portal/efs/quick-start.pdf. Alternatively, official replies to this Office action may still be submitted by any one of fax, mail, or hand delivery. Faxed replies should be directed to the central fax at (571) 273-8300. Mailed replies should be addressed to “Commissioner for Patents, PO Box 1450, Alexandria, VA 22313-1450.” Hand delivered replies should be delivered to the “Customer Service Window, Randolph Building, 401 Dulany Street, Alexandria, VA 22314.” /JOHN A PAULS/Primary Examiner, Art Unit 3683 Date: 29 June, 2026
Read full office action

Prosecution Timeline

Feb 26, 2024
Application Filed
May 29, 2025
Non-Final Rejection mailed — §112
Nov 11, 2025
Response Filed
Jan 09, 2026
Final Rejection mailed — §112
Apr 07, 2026
Request for Continued Examination
Apr 21, 2026
Response after Non-Final Action
Jul 02, 2026
Non-Final Rejection mailed — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
49%
Grant Probability
76%
With Interview (+26.8%)
3y 9m (~1y 3m remaining)
Median Time to Grant
High
PTA Risk
Based on 852 resolved cases by this examiner. Grant probability derived from career allowance rate.

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