DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/20/2026 has been entered.
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 .
Response to Amendment
In light of the amendments, the previous 35 U.S.C. 112(b) rejections remain.
In light of the amendments, claims 19-20 are rejected under 35 U.S.C. 112(b).
In light of the amendments, the claims are rejected under 35 U.S.C. 101.
In light of the amendments, the previous 35 U.S.C. 103 rejections have been withdrawn.
Notice to Applicant
In the amendment dated 03/19/2026, the following has occurred: claims 1 and 19-20 have been amended; claims 2-18 remain unchanged; and no new claims have been added.
Claims 1-20 are pending.
Effective Filing Date: 11/12/2021
Response to Arguments
35 U.S.C. 112(b) Rejections:
Applicant states that the claims were amended and “the processed data” was replaced with “the processed pet metadata”. The claims however do not recite such change. Accordingly, the previous 112(b) rejections remain.
35 U.S.C. 101 Rejections:
Applicant states that the claims are now similar to claim 1 of Example 42 and claim 2 of Example 46. Applicant further states that the claims recite a specific technical architecture comprising: 1) a pet profile server that receives and stores pet metadata in association with an activation code from a first user device, 2) a separate test results server that receives and stores test results data in association with the activation code from a second user device, and 3) an analytical component configured to receive information from both servers, match the activation codes to establish a linkage between data from different servers independently populated by different users, analyze and correlate the data based on the established linkage, generate diagnoses and/or health recommendations, and generate reports based thereon. Examiner however respectfully disagrees. With respect to Example 42, the present specification does not set out that there is a technical solution to a technical problem in a similar manner. Though the present invention may offer a comparable feature involving data coming from separate sources, there is a lack of description in the specification and also a lack of nexus between the claims and the specification. With respect to Example 46, the claims lack an analogous feature (analogous to operate the feed dispenser). Generating and transmitting a report does not provide a practical application. A report merely displays information while the controlling operation of a device provides a real-world affect.
Furthermore, the specification as filed outlines that a pet owner and/or veterinarian creates a profile for a pet based on a code from a kit. This is supposedly the technical solution to the technical problem of a pet owner’s failure to maintain proper aftercare and infrequent visits (paragraph [0005] of the specification). Examiner however respectfully disagrees as associating data with a profile is not necessarily a technical improvement.
35 U.S.C. 103 Rejections:
Applicant amended the claims and examiner withdraws these are rejections in view of these amendments.
Claim Rejections - 35 USC § 112(b)
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 1-20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “the processed data” in the fourth and fifth-to-last lines of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-18 are rejected based on their dependency on claim 1.
Claim 19 recites the limitation “the pet profile server” in the newly-added “match” limitation. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 also recites the limitation “the test results server” in the newly-added “match” limitation. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation “the test results server” in the newly-added “match” limitation. There is insufficient antecedent basis for this limitation in the claim.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 1-18 are drawn to a system, claim 19 is drawn to a system, and claim 20 is drawn to a method, each of which is within the four statutory categories. Claims 1-20 are further directed to an abstract idea on the grounds set out in detail below. As discussed below, the claims do not include additional elements that are sufficient to amount to significantly more than the abstract idea because the additional computer elements, which are recited at a high level of generality, provide conventional computer functions that do not add meaningful limits to practicing the abstract idea (Step 1: YES).
Step 2A:
Prong One:
Claim 1 recites a system for providing pet health diagnostic and aftercare information, comprising:
a) a first user device,
b) a second user device,
c) a pet profile server comprising a pet profile storage and configured to:
1) receive an activation code from the first user device;
2) receive pet metadata from the first user device; and
3) store the pet metadata in association with the activation code in the pet profile storage;
d) a test results server comprising a test results storage and configured to:
4) receive the activation code from the second user device;
5) receive test results data from the second user device; and
6) store the test results data in association with the activation code in the test results storage; and
e) an analytics component executed by one or more processors and configured to:
7) receive first information from the pet profile server, wherein the first information includes the pet metadata associated with the activation code and the activation code;
8) receive second information from the test results server, wherein the second information includes the test results data associated with the activation code and the activation code;
9) retrieve, from the first information, the activation code;
10) retrieve, from the second information, the activation code;
11) match the activation code retrieved from the first information with the activation code retrieved from the second information to establish a linkage between the pet metadata from the pet profile server and the test results data from the test results server;
12) analyze, based on the activation code, the pet metadata and the test results data separately;
13) determine, based on the analyzing and the established linkage, a correlation between the pet metadata and the test results data, wherein the pet metadata and the test results are received from f) different servers that are independently populated by different users;
14) process, based on the correlation, the pet metadata with the test results data;
15) generate, based on the processing, at least one diagnosis and/or at least one health recommendation based on the processed data; and
16) automatically generate, based on the at least one diagnosis and/or at least one health recommendation, one or more reports based on the at least one diagnosis and/or the at least one health recommendation.
Claim 1 recites, in part, performing the steps of 1) receive an activation code, 2) receive pet metadata, 3) store the pet metadata in association with the activation code in the pet profile storage, 4) receive the activation code, 5) receive test results data, 6) store the test results data in association with the activation code in the test results storage, 7) receive first information, wherein the first information includes the pet metadata associated with the activation code and the activation code, 8) receive second information from the test results server, wherein the second information includes the test results data associated with the activation code and the activation code, 9) retrieve, from the first information, the activation code, 10) retrieve, from the second information, the activation code, 11) match the activation code retrieved from the first information with the activation code retrieved from the second information to establish a linkage between the pet metadata and the test results data, 12) analyze, based on the activation code, the pet metadata and the test results data separately, 13) determine, based on the analyzing and the established linkage, a correlation between the pet metadata and the test results data, wherein the pet metadata and the test results are received from things that are independently populated by different users, 14) process, based on the correlation, the pet metadata with the test results data, 15) generate, based on the processing, at least one diagnosis and/or at least one health recommendation based on the processed data, and 16) automatically generate, based on the at least one diagnosis and/or at least one health recommendation, one or more reports based on the at least one diagnosis and/or the at least one health recommendation. These steps correspond to Certain Methods of Organizing Human Activity, more particularly, managing personal behavior or relationships or interactions between people (including following rules or instructions). For example, one can match data and then determine a recommendation/report.
Claim 19 recites a system for providing pet health diagnostic and aftercare information, comprising:
g) a pet profile database 17) storing pet metadata in association with an activation code from an oral diagnostic kit,
h) a quantitative polymerase chain reaction (qPCR) results database 18) storing qPCR results in association with the activation code, and
e) an analytics component executed by one or more processors and configured to:
19) retrieve first information from the pet profile database, wherein the first information includes the pet metadata associated with the activation code and the activation code from the pet profile database;
20) retrieve second information from the qPCR results database, wherein the second information includes the qPCR results associated with the activation code and the activation code;
21) retrieve, from the first information, the activation code;
22) retrieve, from the second information, the activation code;
23) match the activation code retrieved from the first information with the activation code retrieved from the second information to establish a linkage between the pet metadata from c) the pet profile server and the qPCR results data from d) the test results server;
24) analyze, based on the activation code, the pet metadata and the qPCR results separately;
25) determine, based on the analyzing and the established linkage, a correlation between the pet metadata and the qPCR results, wherein the pet metadata and the qPCR results are received from f) different servers that are independently populated by different users;
26) upon determining the correlation, process the pet metadata with the qPCR results;
27) generate, based on the processing, at least one diagnosis and/or at least one health recommendation;
28) automatically generate, based on the at least one diagnosis and/or at least one health recommendation, one or more reports; and
29) transmit, based on the generating, the one or more reports to at least one of c) a pet profile server, a) a first user device, or i) a veterinarian device.
Claim 19 recites, in part, performing the steps of 17) storing pet metadata in association with an activation code from an oral diagnostic kit, 18) storing qPCR results in association with the activation code, 19) retrieve first information, wherein the first information includes the pet metadata associated with the activation code and the activation code, 20) retrieve second information, wherein the second information includes the qPCR results associated with the activation code and the activation code, 21) retrieve, from the first information, the activation code, 22) retrieve, from the second information, the activation code, 23) match the activation code retrieved from the first information with the activation code retrieved from the second information to establish a linkage between the pet metadata and the qPCR results data, 24) analyze, based on the activation code, the pet metadata and the qPCR results separately, 25) determine, based on the analyzing and the established linkage, a correlation between the pet metadata and the qPCR results, wherein the pet metadata and the qPCR results are received from things that are independently populated by different users, 26) upon determining the correlation, process the pet metadata with the qPCR results, 27) generate, based on the processing, at least one diagnosis and/or at least one health recommendation, 28) generate, based on the at least one diagnosis and/or at least one health recommendation, one or more reports, and 29) transmit, based on the generating, the one or more reports. These steps correspond to Certain Methods of Organizing Human Activity, more particularly, managing personal behavior or relationships or interactions between people (including following rules or instructions). For example, one can match data and then determine a recommendation/report.
Claim 20 recites a computer-implemented method of providing pet health diagnostic and aftercare information, comprising:
30) receiving, from c) a pet profile server comprising a pet profile storage, first information, wherein the first information includes pet metadata associated with an activation code and the activation code, wherein the pet metadata and the activation code have been input by a first user using a) a first user device, the activation code identified by the first user from an oral diagnostic kit;
31) receiving, from h) a quantitative polymerase chain reaction (qPCR) results server comprising a qPCR results storage, second information, wherein the second information includes qPCR results associated with the activation code and the activation code, wherein the qPCR results are obtained from a qPCR assay of an oral sample collected from a pet;
32) retrieving, from the first information, the activation code;
33) retrieving, from the second information, the activation code;
34) matching the activation code retrieved from the first information with the activation code retrieved from the second information to establish a linkage between the pet metadata from c) the pet profile server and the qPCR results data from d) the test results server;
35) analyzing, based on the activation code, the pet metadata and the qPCR results separately;
36) determining, based on the analyzing, and the established linkage, a correlation between the pet metadata and the qPCR results, wherein the pet metadata and the qPCR results are received from f) different servers that are independently populated by different users;
37) upon determining the correlation between the pet metadata and the qPCR results, processing the pet metadata with the qPCR results;
38) automatically generating, based on the processing, one or more reports containing at least one diagnosis and/or at least one health recommendation; and
39) transmitting, based on the at least one diagnosis and/or at least one health recommendation, the one or more generated reports to at least one of the pet profile server, the first user device, or i) a veterinarian device.
Claim 20 recites, in part, performing the steps of 30) receiving, from a pet profile storage, first information, wherein the first information includes pet metadata associated with an activation code and the activation code, wherein the pet metadata and the activation code have been input by a first user, the activation code identified by the first user from an oral diagnostic kit, 31) receiving, from a qPCR results storage, second information, wherein the second information includes qPCR results associated with the activation code and the activation code, wherein the qPCR results are obtained from a qPCR assay of an oral sample collected from a pet, 32) retrieving, from the first information, the activation code, 33) retrieving, from the second information, the activation code, 34) matching the activation code retrieved from the first information with the activation code retrieved from the second information to establish a linkage between the pet metadata and the qPCR results data, 35) analyzing, based on the activation code, the pet metadata and the qPCR results separately, 36) determining, based on the analyzing, and the established linkage, a correlation between the pet metadata and the qPCR results, wherein the pet metadata and the qPCR results are received from things that are independently populated by different users, 37) upon determining the correlation between the pet metadata and the qPCR results, processing the pet metadata with the qPCR results, 38) automatically generating, based on the processing, one or more reports containing at least one diagnosis and/or at least one health recommendation, and 39) transmitting, based on the at least one diagnosis and/or at least one health recommendation, the one or more generated reports. These steps correspond to Certain Methods of Organizing Human Activity, more particularly, managing personal behavior or relationships or interactions between people (including following rules or instructions). For example, one can match data and then determine a recommendation/report.
Depending claims 2-18 include all of the limitations of claim 1, and therefore likewise incorporate the above described abstract idea. Depending claim 7 adds the additional step of “transmit the one or more reports to the pet profile server”; claim 9 adds the additional steps of “receive, from a first user via a user interface, the activation code identified from an oral diagnostic kit”, “transmit the activation code to the pet profile server”, “receive, from the first user via the user interface, the pet metadata after receiving the activation code”, “transmit the pet metadata to the pet profile server”, and “receive the one or more generated reports”; claim 10 adds the additional step of “display the one or more generated reports via the user interface”; claim 11 adds the additional step of “receive, from the first user via the user interface, contact information”; claim 16 adds the additional steps of “receive an electronic communication from the pet profile server, the electronic communication being generated by the pet profile server based on the contact information”, “receive, from the third user via a user interface, additional pet metadata after activation of the activation code”, “transmit the additional pet metadata to the pet profile server”, and “receive the one or more generated reports”; and claim 18 adds the additional steps of “receive, from a second user via a user interface, the activation code identified from the oral diagnostic kit, the oral diagnostic kit containing a sample collected by a first user associated with the first user device”, “receive, from the second user via the user interface, the test results data obtained from a qPCR assay of the collected sample”, and “transmit the activation code and the test results data to the test results server”. Additionally, the limitations of depending claims 2-6, 8, 12-15, and 17 further specify elements from the claims from which they depend on without adding any additional steps. These additional limitations only further serve to limit the abstract idea. Thus, depending claims 2-18 are nonetheless directed towards fundamentally the same abstract idea as independent claim 1 (Step 2A (Prong One): YES).
Prong Two:
This judicial exception is not integrated into a practical application. In particular, the claims recite the additional elements of – using a) a first user device with a user interface, b) a second user device with a user interface, c) a pet profile server comprising a pet profile storage, d) a test results server comprising a test results storage, e) an analytics component executed by one or more processors, f) different servers, g) a pet profile database (if a computer), h) a quantitative polymerase chain reaction (qPCR) results database (if a computer), i) a veterinarian device, and j) a third user device with a user interface (from claim 16) to perform the claimed steps.
The e) an analytics component executed by one or more processors in these steps are recited at a high-level of generality (i.e., as generic components performing generic computer functions) such that they amount to no more than mere instructions to apply the exception using generic computer components (see: Applicant’s specification, paragraph [0097] where there is recitation of a generic processor, see MPEP 2106.05(f)).
Additionally, the a) first user device with a user interface, b) second user device with a user interface, c) pet profile server comprising a pet profile storage, d) test results server comprising a test results storage, g) pet profile database, h) quantitative polymerase chain reaction (qPCR) results database, i) veterinarian device, and j) third user device with a user interface in these steps adds insignificant extra-solution activity to the abstract idea (such as recitation of a), b), c), d), f), g), h), and j) which amounts to mere data gathering and recitation of i) which amounts to insignificant application, see MPEP 2106.05(g)).
Dependent claims recite additional subject matter which amount to limitations consistent with the additional elements in the independent claims. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation and do not impose a meaningful limit to integrate the abstract idea into a practical application.
Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea (Step 2A (Prong Two): NO).
Step 2B:
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using a) a first user device with a user interface, b) a second user device with a user interface, c) a pet profile server comprising a pet profile storage, d) a test results server comprising a test results storage, e) an analytics component executed by one or more processors, f) different servers, g) a pet profile database (if a computer), h) a quantitative polymerase chain reaction (qPCR) results database (if a computer), i) a veterinarian device, and j) a third user device with a user interface to perform the claimed steps amounts to no more than insignificant extra-solution activity in the form of WURC activity (well-understood, routine, and conventional activity) and mere instructions to apply the exception using generic computer components that do not offer “significantly more” than the abstract idea itself because the claims do not recite an improvement to another technology or technical field, an improvement to the functioning of any computer itself, or provide meaningful limitations beyond generally linking an abstract idea to a particular technological environment. It should be noted that the claims do not include additional elements that amount to significantly more than the judicial exception because the Specification recites mere generic computer components, as discussed above that are being used to apply certain method steps of organizing human activity. Specifically, MPEP 2106.05(d) and MPEP 2106.05(f) recite that the following limitations are not significantly more:
Simply appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, e.g., a claim to an abstract idea requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry, as discussed in Alice Corp., 573 U.S. at 225, 110 USPQ2d at 1984 (see MPEP § 2106.05(d)); and
Adding the words "apply it" (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, e.g., a limitation indicating that a particular function such as creating and maintaining electronic records is performed by a computer, as discussed in Alice Corp., 134 S. Ct. at 2360, 110 USPQ2d at 1984 (see MPEP § 2106.05(f)).
The a) first user device with a user interface, b) second user device with a user interface, c) pet profile server comprising a pet profile storage, d) test results server comprising a test results storage, f) different servers, g) pet profile database (if a computer), h) quantitative polymerase chain reaction (qPCR) results database (if a computer), i) veterinarian device, and j) third user device with a user interface in these steps add insignificant extra-solution activity/pre-solution activity in the form of WURC activity to the abstract idea. The following is an example of a court decision demonstrating computer functions as well-understood, routine and conventional activities, e.g. see MPEP 2106.05(d)(II): Receiving or transmitting data over a network, e.g. see Intellectual Ventures v. Symantec – similarly, the current invention receives code data, result data, and metadata from a), b), c), d), f), g), h), and j), and transmits the data to i) a veterinarian device over a network, for example the Internet.
Furthermore, the current invention generates reports utilizing e) an analytics component executed by one or more processors, thus these computing components are adding the words “apply it” with mere instructions to implement the abstract idea on a computer.
Mere instructions to apply an exception using generic computer components or insignificant extra-solution activity in the form of WURC activity cannot provide an inventive concept. The claims are not patent eligible (Step 2B: NO).
Claims 1-20 are therefore rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
No Art Rejections
Claims 1-20 have not been given art rejections in view of the combinations of references which could be used to reject these claims being unreasonable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steven G.S. Sanghera whose telephone number is (571)272-6873. The examiner can normally be reached M-F 7:30-5:00 (alternating Fri).
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/STEVEN G.S. SANGHERA/Primary Examiner, Art Unit 3684
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