DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Status of Claims
This action is in reply to the continuation filed on 12 April 2024.
Claims 1-10 are currently pending and have been examined.
Claim Objections
Claim 10 is objected to because of the following informalities: grammatical errors. The claim recites that the “module is further to assign” and further comprises to request approval. This is grammatical incorrect. The module is potentially further configured to assign or able to assign and the time entry module further comprises the ability to request or the function or instructions to request. The current language is grammatically incorrect. Appropriate corrections are required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are an admin module to: assign…a time entry module to receive…determine…present…etc. in claims 1, 5, 7 and 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 5, 7 and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim limitation “module” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification describes a server including modules and describes that the modules perform functionality but there is no explicit description of what hardware constitutes the modules or if they are merely software modules executing the described functionality. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Independent Claims 1 recite limitations for tracking time of health care providers by assigning a plurality of time entry requirements to time studies, assigning a plurality of first, second and third health care providers to the first, second and third time studies, receiving login credentials, determining whether credentials are associated with users and responsive to determining the association enabling users to enter times into the time study, interact with the time studies and select information. These limitations, as drafted, illustrate a process that, under its broadest reasonable interpretation, covers performance of the limitations in the mind. Assigning a plurality of time entry requirements to time studies, assigning a plurality of first, second and third health care providers to the first, second and third time studies, receiving login credentials, determining whether credentials are associated with users and responsive to determining the association enabling users to enter times into the time study, interact with the time studies and select information illustrate high level observation and evaluation type functions that could be done the same way mentally or manually with a pen and paper. Performing time studies manually is an old and well known practice. But for the modules of the system, presenting an interface from which data and portions are presented, generated and selected, and storing entries the claims encompass a user simply observing and tracking data mentally or manually. The mere nominal recitation of a generic computer component or computer system environment does not take the claim limitations out of the mental processes grouping. Thus, the claims recite a mental process, which is an abstract idea.
This judicial exception is not integrated into a practical application. The claims recite additional elements including a system comprising an admin module and a time entry module that perform the assigning, receiving, determining, presenting, receiving a selection, generating an interface portion and storing. The modules and interface for presenting, from which a selection is received, an a portion is generated, records are stored are recited at a high level of generality and amount to mere data gathering and transmission/outputting, which are forms of insignificant extra solution activity. The steps are merely performed in the generic environment. The modules that perform the assigning are also recited at a high level of generality and merely automate those steps. Each of the additional components is no more than mere instructions to apply the exception using a generic computer component. The combination of these additional elements is no more than mere instructions to apply the exception in a generic computer environment with generic computer components. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application. The claims are directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed with respect to step 2A Prong 2, the additional elements in the claims amount to no more than mere instructions to apply the exception using a generic computer component or linking the steps to a generic computer environment. The same analysis applies here in 2B and does not provide an inventive concept.
For the modules for presenting, interface from which a selection is received, and a portion is generated, and records are stored steps that were considered extra solution activity in step 2A above, these have been re-evaluated in step 2B and determined to be well-understood, routine and conventional activity in the field. The specification does not provide any indication that the system components are anything other than generic, off the shelf computer components, and the Symantec, TLI and OIP Techs. court decisions in MPEP 2106.05 indicate that the mere collection, receipt or transmission of data over a network is a well-understood, routine and conventional function when it is claimed in a merely generic manner, as it is here.
Dependent claims 2-10 include all of the limitations of claim 1 and therefore recite the same abstract idea. The claims merely narrow the recited abstract idea by describing additional observation and evaluation steps including determinations, associations, assignments, time study creation or modification, entry, categories, reviewer assignments for requesting approval. The additional elements recited fail to transform the claims into a patent eligible invention but instead describe additional interface features and portions that merely display data and receive inputs but do not integrate the abstract idea into a practical application nor do they amount to significantly more.
Accordingly, claims 1-10 are not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Distinguishable over Prior Art
None of the prior art of record taken individually or in combination teach the details of the health care provider time tracking system as claimed. The prior art of record most closely resembling the claim invention includes Swierz (US PG Pub. 2012/0215578), Kmack (US Pat. 6,304,851), and Sewall (US PG Pub. 2012/0226719).
Swierz teaches a computerized system of tracking time of staff members and projects with modules configured to manage the administration of staff and projects. The projects have a plurality of associated parameters that govern how time and time entries must be captured, creating profiles for users with parameters and assigning profiles to portions of studies, projects and tasks. Swierz does not teach that the projects for which the time entry is performed being a time study, staff members being health care providers, or the plurality of time studies including a plurality of acceptable task categories.
Kmack teaches the ability to assign a user to at least two different types of time studies of the plurality of time studies and describes parameters governing the manner by which time is captures to obtain reimbursement.
Sewall teaches assigning profiles to at least two time studies. Online tasks vary between personnel in radiology and can be performed by more than one practitioner. Studies are presented to a radiologist in a work list and each has been defined by the core in the work set. The radiologist has a define profile to which the work list is matched based on qualifications, preferences, medical licenses, etc. Sewall also describes allowing authentication based on login credentials but does not outline that in response to determined credentials are associated with particular users presenting an interface from which selections can be made, receiving selections, and responsive to receiving selections, storing entries.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Crowley et al. (US 2010/0022847) Clinical Investigation Data Logging with Contextual Time Traveling.
Cassels et al. (US 20110215911) Method and System for Monitoring Data of Personnel.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE Z DELICH whose telephone number is (571)270-1288. The examiner can normally be reached on Monday - Friday 7-3:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rutao Wu can be reached on 571-272-6045. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/STEPHANIE Z DELICH/Primary Examiner, Art Unit 3623