DETAILED ACTION
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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-16 aare rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,051,492. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are an obvious variation of the patented claims.
Instant Application
U.S. Patent 12,051,492
1. A system configured to determine a therapy regimen to treat asthma of a subject, the system comprising: electronic storage configured to store a condition impact assessments for individual subjects, multiple therapy regimens for treating asthma, and subject information for the individual subjects, wherein the condition impact assessments indicates individual present impacts of asthma on the individual subjects, wherein individual therapy regimens correspond to a particular impact of asthma on the individual subjects and/or a particular condition of asthma, wherein the subject information includes (i) environmental conditions at or around individual physical locations of the individual subjects, (ii) results of remote diagnostic tests for the individual subjects administered by the individual subjects, and (iii) physician-certified condition information including results to physician-administered diagnostic tests for the individual subjects; one or more processors configured by machine-readable instructions to: effectuate, via individual subject client computing platforms associated with the individual subjects, presentation of the multiple therapy regimens from the electronic storage; receive individual selected therapy regimens of the multiple therapy regimens for the individual subjects from the individual subject client computing platforms; determine individual effective therapy regimens from the multiple therapy regimens for the individual subjects based on the subject information for the individual subjects, the condition impact assessments for the individual subjects, and the individual selected therapy regimens for the individual subjects; define the individual effective therapy regimens for the individual subjects as individual current therapy regimens for the individual subjects; and effectuate, via the individual subject client computing platforms, presentation of the individual current therapy regimen to the individual subjects.
1. A system configured to determine a therapy regimen to treat asthma of a subject, the system comprising: electronic storage configured to store a condition impact assessment and multiple therapy regimens for treating asthma, wherein the condition impact assessment indicates a present impact of asthma on the subject, wherein individual therapy regimens correspond to a particular impact of asthma on the subject and/or a particular condition of asthma; one or more processors configured by machine-readable instructions to: obtain subject information for the subject, wherein the subject information includes (i) environmental conditions at or around a physical location of the subject, (ii) results of remote diagnostic tests for the subject administered by the subject, and (iii) physician-certified condition information including results to physician-administered diagnostic tests for the subject; obtain the multiple therapy regimens from the electronic storage; obtain the condition impact assessment from the electronic storage; effectuate, via a subject client computing platform associated with the subject, presentation of the multiple therapy regimens; receive a selected therapy regimen of the multiple therapy regimens from the subject client computing platform; determine a particular therapy regimen from the multiple therapy regimens as an effective therapy regimen for a period of time based on the subject information, the condition impact assessment, and the selected therapy regimen; define the effective therapy regimen as a current therapy regimen; and effectuate, via the subject client computing platform, presentation of the current therapy regimen to the subject.
2. The system of claim 1, wherein determining the individual effective therapy regimens based on the subject information for the individual subjects, the individual condition impact assessments for the individual subjects, and the individual selected therapy regimens for the individual subjects includes determining a combination of the individual selected therapy regimens and two or more of the multiple therapy regimens.
2. The system of claim 1, wherein determining the effective therapy regimen based on the subject information, the condition impact assessment, and the selected therapy regimen includes determining a combination of the selected therapy regimen and the particular therapy regimen.
3. The system of claim 1, wherein the one or more processors are further configured by the machine-readable instructions to: transmit the individual effective therapy regimens to a physician client computing platform associated with the physician for presentation to the physician; and receive therapeutic feedback from the physician client computing platform, wherein the therapeutic feedback includes modifications and/or acceptance of the individual effective therapy regimens for the individual subjects as the individual current therapy regimens for the individual subjects.
3. The system of claim 1, wherein the one or more processors are further configured by the machine-readable instructions to: transmit the effective therapy regimen to a physician client computing platform associated with the physician for presentation to the physician; and receive therapeutic feedback from the physician client computing platform, wherein the therapeutic feedback includes modifications and/or acceptance of the effective therapy regimen as the current therapy regimen.
4. The system of claim 1, wherein the one or more processors are further configured by the machine-readable instructions to: transmit the individual effective therapy regimens to the individual corresponding subject client computing platforms for presentation to the individual subjects; and receive, from the individual subject client computing platforms, acceptance of the individual effective therapy regimens as the individual current therapy regimens for the individual subjects or a request for modification of the individual effective therapy regimens.
4. The system of claim 1, wherein the one or more processors are further configured by the machine-readable instructions to: transmit the effective therapy regimen to the subject client computing platform for presentation to the subject; and receive, from the subject client computing platform, an acceptance of the effective therapy regimen as the current therapy regimen or a request for modification of the effective therapy regimen.
5. The system of claim 1, wherein the one or more processors are further configured by the machine-readable instructions to: obtain future location information that indicates one or more future physical locations of the individual subjects at a future time for a future period of time, wherein the environmental conditions are based on the future location information; determine individual prospective therapy regimens for the individual subjects for the one or more future physical locations at the future time for the future period of time based on the subject information for the individual subjects; and define the individual prospective therapy regimens as the individual current therapy regimens for the individual subjects at the future time.
5. The system of claim 1, wherein the one or more processors are further configured by the machine-readable instructions to: obtain future location information that indicates one or more future physical locations of the subject at a future time for a future period of time, wherein the environmental conditions are based on the future location information; determine a prospective therapy regimen for the one or more future physical locations at the future time for the future period of time based on the subject information; and define the prospective therapy regimen as the current therapy regimen at the future time.
6. The system of claim 5, wherein the future location information for the individual subjects includes individual subject input obtained from the individual subject client computing platforms.
6. The system of claim 5, wherein the future location information includes subject input obtained from the subject client computing platform.
7. The system of claim 1, wherein the one or more processors are further configured by the machine-readable instructions to: determine individual prospective therapy regimens for a future time based on machine learning of the subject information for the individual subjects.
7. The system of claim 1, wherein the one or more processors are further configured by the machine-readable instructions to: determine a prospective therapy regimen for a future time based on machine learning of the subject information.
8. The system of claim 1, wherein the period of time is a day, a set of days, or a week.
8. The system of claim 1, wherein the period of time is a day, a set of days, or a week.
9. A method to determine a therapy regimen to treat asthma of a subject, the method comprising: storing, in electronic storage, a condition impact assessments for individual subjects, multiple therapy regimens for treating asthma, and subject information for the individual subjects, wherein the condition impact assessments indicate present impacts of asthma on the individual subjects, wherein individual therapy regimens correspond to a particular impact of asthma on the individual subjects and/or a particular condition of asthma, wherein the subject information includes (i) environmental conditions at or around individual physical locations of the individual subjects, (ii) results of remote diagnostic tests for the individual subjects administered by the individual subjects, and (iii) physician-certified condition information including results to physician-administered diagnostic tests for the individual subjects; effectuating, via individual subject client computing platforms associated with the individual subjects, presentation of the multiple therapy regimens from the electronic storage; receiving individual selected therapy regimens of the multiple therapy regimens for the individual subjects from the individual subject client computing platforms; determining individual effective therapy regimens from the multiple therapy regimens for the individual subjects based on the subject information for the individual subjects, the condition impact assessments for the individual subjects, and the individual selected therapy regimens for the individual subjects; defining the individual effective therapy regimens for the individual subjects as individual current therapy regimens for the individual subjects; and effectuating, via the individual subject client computing platforms, presentation of the individual current therapy regimens to the individual subjects.
9. A method to determine a therapy regimen to treat asthma of a subject, the method comprising: storing, in electronic storage, a condition impact assessment and multiple therapy regimens for treating asthma, wherein the condition impact assessment indicates a present impact of asthma on the subject, wherein individual therapy regimens correspond to a particular impact of asthma on the subject and/or a particular condition of asthma; obtaining subject information for the subject, wherein the subject information includes (i) environmental conditions at or around a physical location of the subject, (ii) results of remote diagnostic tests for the subject administered by the subject, and (iii) physician-certified condition information including results to physician-administered diagnostic tests for the subject; obtaining the multiple therapy regimens from the electronic storage; obtaining the condition impact assessment from the electronic storage; effectuating, via a subject client computing platform associated with the subject, presentation of the multiple therapy regimens; receiving a selected therapy regimen of the multiple therapy regimens from the subject client computing platform; determining a particular therapy regimen from the multiple therapy regimens as an effective therapy regimen for a period of time based on the subject information, the condition impact assessment, and the selected therapy regimen; defining the effective therapy regimen as a current therapy regimen; and effectuating, via the subject client computing platform, presentation of the current therapy regimen to the subject.
10. The method of claim 9, wherein determining the individual effective therapy regimens based on the subject information for the individual subjects, the individual condition impact assessments for the individual subjects, and the individual selected therapy regimens for the individual subjects includes determining a combination of the individual selected therapy regimens and two or more of the multiple therapy regimens.
10. The method of claim 9, wherein determining the effective therapy regimen based on the subject information, the condition impact assessment, and the selected therapy regimen includes determining a combination of the selected therapy regimen and the particular therapy regimen.
11. The method of claim 9, further comprising: transmitting the individual effective therapy regimens to a physician client computing platform associated with the physician for presentation to the physician; and receiving therapeutic feedback from the physician client computing platform, wherein the therapeutic feedback includes modifications and/or acceptance of the individual effective therapy regimens for the individual subjects as the individual current therapy regimens for the individual subjects.
11. The method of claim 9, further comprising: transmitting the effective therapy regimen to a physician client computing platform associated with the physician for presentation to the physician; and receiving therapeutic feedback from the physician client computing platform, wherein the therapeutic feedback includes modifications and/or acceptance of the effective therapy regimen as the current therapy regimen.
12. The method of claim 9, further comprising: transmitting the individual effective therapy regimens to the individual corresponding subject client computing platforms for presentation to the individual subjects; and receiving, from the individual subject client computing platforms, acceptance of the individual effective therapy regimens as the individual current therapy regimens for the individual subjects or a request for modification of the individual effective therapy regimens.
12. The method of claim 9, further comprising: transmitting the effective therapy regimen to the subject client computing platform for presentation to the subject; and receiving, from the subject client computing platform, an acceptance of the effective therapy regimen as the current therapy regimen or a request for modification of the effective therapy regimen.
13. The method of claim 9, further comprising: obtaining future location information that indicates one or more future physical locations of the individual subjects at a future time for a future period of time, wherein the environmental conditions are based on the future location information; determining individual prospective therapy regimens for the individual subjects for the one or more future physical locations at the future time for the future period of time based on the subject information for the individual subjects; and defining the individual prospective therapy regimens as the individual current therapy regimens for the individual subjects at the future time.
13. The method of claim 9, further comprising: obtaining future location information that indicates one or more future physical locations of the subject at a future time for a future period of time, wherein the environmental conditions are based on the future location information; determining a prospective therapy regimen for the one or more future physical locations at the future time for the future period of time based on the subject information; and defining the prospective therapy regimen as the current therapy regimen at the future time.
14. The method of claim 13, wherein the future location information for the individual subjects includes individual subject input obtained from the individual subject client computing platforms.
14. The method of claim 13, wherein the future location information includes subject input obtained from the subject client computing platform.
15. The method of claim 9, further comprising: determining individual prospective therapy regimens for a future time based on machine learning of the subject information for the individual subjects.
15. The method of claim 9, further comprising: determining a prospective therapy regimen for a future time based on machine learning of the subject information.
16. The method of claim 9, wherein the period of time is a day, a set of days, or a week.
16. The method of claim 9, wherein the period of time is a day, a set of days, or a week.
Allowable Subject Matter
Claims 1-16 would be allowable if a timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) is submitted by the Applicant to overcome the provisional rejection based on nonstatutory double patenting, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: Dias et al. U.S. PGPub 2018/0060494 does not disclose a system or method wherein subject information includes (i) environmental conditions at or around individual physical locations of the individual subjects, (ii) results of remote diagnostic tests for the individual subjects administered by the individual subjects, and (iii) physician-certified condition information including results to physician-administered diagnostic tests for the individual subjects; and determining individual effective therapy regimens from the multiple therapy regimens for the individual subjects based on the subject information for the individual subjects, the condition impact assessments for the individual subjects, and the individual selected therapy regimens for the individual subjects.
Conclusion
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CKJune 26, 2026
/CHARLES R KASENGE/Primary Examiner, Art Unit 2116
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