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
Claims 1-17 have been examined.
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 1-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1:
Claim 1 recite(s) a method, which is within a statutory category (process). Claim 16 recite(s) a system, which is within a statutory category (machine). Claim 17 recite(s) a non-transitory computer-readable medium, which is within a statutory category (manufacture).
Step 2A - Prong One:
Regarding Prong One of Step 2A (MPEP2106.04-.07), the claim limitations are to be analyzed to determine whether, under their broadest reasonable interpretation, they “recite” a judicial exception or in other words whether a judicial exception is “set forth” or “described” in the claims. An “abstract idea” judicial exception is subject matter that falls within at least one of the following groupings: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
The limitation of Independent claims 1-20 recites at least one abstract idea. Specifically, claim 1 recites the steps of
A computer-implemented method for facilitating the engagement of allied health advisors, the method comprising:
receiving, by one or more processors, data relating to a plurality of consumers seeking to engage one or more allied health service providers;
storing, by one or more processors, in a database including a data structure, data relating to a plurality of allied health service providers offering their services to consumers, the data comprising:
a geographical region in which the allied health service provider offers their services receive, the near real time health data related to the user.
one or more qualifications of the allied health service provider;
receiving, by one or more processors, a request from a consumer of the plurality of consumers that seek to identify, by interrogating the data structure, a subset of the plurality of the allied health service providers whose stored data satisfies the consumer request for an allied health service provider, the request including at least:
a health-related service sought by the consumer,
a location at which the consumer seeks to receive the health-related service
one or more requirements of the consumer in relation to the health-related service, including one or more of
a cost associated with the service,
a characteristic of the service, or
an availability of the consumer;
retrieving, by one or more processors, data relating to the consumer to which the request relates from the data relating to the plurality of consumers seeking to engage one or more allied health service providers;
generating and performing, by one or more processors, based upon the request received and the retrieved data relating to the consumer, a query of the data structure to identify a subset of the plurality of allied health service providers who offer services within a geographical region in which the location resides, have minimum qualifications required to provide the health-related service sought by the consumer, and satisfy the one or more additional requirements of the consumer, wherein the query comprises an exact keyword match query and a minimum similarly threshold analysis such that, when the exact keyword match query generates no relevant search results, the similarly threshold analysis is performed to generate results solely according to a comparison between the query and the data relating to the plurality of allied health service providers satisfying a minimum similarly threshold; and
providing, by one or more processors, to a data communications device associated with the consumer, a result of the search conducted according to the exact keyword match search query or a minimum similarity threshold analysis.
The limitations “storing, by one or more processors, in a database including a data structure, data relating to a plurality of allied health service providers offering their services to consumers such as a health-related service sought by the consumer, a location at which the consumer seeks to receive the health-related service
one or more requirements of the consumer in relation to the health-related service, including one or more of a cost associated with the service, a characteristic of the service, or an availability of the consumer ” constitutes (c) mental processes because this limitation could be performed by the professionals or the user to provide, to access patient data using mind and paper. Accordingly, the claim is directed toward at least one abstract idea
The limitations of “generating and performing, by one or more processors, based upon the request received and the retrieved data relating to the consumer, a query of the data structure to identify a subset of the plurality of allied health service providers who offer services within a geographical region in which the location resides, have minimum qualifications required to provide the health-related service sought by the consumer, and satisfy the one or more additional requirements of the consumer, wherein the query comprises an exact keyword match query and a minimum similarly threshold analysis such that, when the exact keyword match query generates no relevant search results, the similarly threshold analysis is performed to generate results solely according to a comparison between the query and the data relating to the plurality of allied health service providers satisfying a minimum similarly threshold” constitutes , b) certain methods of organizing human activity because this limitation could be performed to provide the health service to the user patient using mind and paper. Accordingly, the claim is directed toward at least one abstract idea.
Furthermore, the abstract idea for claim 16 and claim 17 is identical as the abstract idea for claim 1, because the only difference between claim 1, 16 and claim 17 is that claim 1 recites method, whereas claim 16 recites a system, and where as claim 17 recites a non-transitory readable medium.
Furthermore, the following depending claims further define the at least one abstract idea, and thus fail to make the abstract idea any less abstract.
Dependent claims 2-15 recite further steps of search query, receiving health data at secure location , and thus part organizing human activities.
Step 2A - Prong Two:
Regarding Prong Two of Step 2A, it must be determined whether the claim, as a whole integrates the abstract idea into a practical application. As noted in MPEP2106.04-07, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”
In the present case, the additional limitations beyond the above-noted at least one abstract idea are as follows (where the bolded portions are the “additional limitations” while the underlined portions continue to represent the at least one “abstract idea”):
A computer-implemented method for facilitating the engagement of allied health advisors, the method comprising:
receiving, by one or more processors, data relating to a plurality of consumers seeking to engage one or more allied health service providers;
storing, by one or more processors, in a database including a data structure, data relating to a plurality of allied health service providers offering their services to consumers, the data comprising:
a geographical region in which the allied health service provider offers their services receive, the near real time health data related to the user.
one or more qualifications of the allied health service provider;
receiving, by one or more processors, a request from a consumer of the plurality of consumers that seek to identify, by interrogating the data structure, a subset of the plurality of the allied health service providers whose stored data satisfies the consumer request for an allied health service provider, the request including at least:
a health-related service sought by the consumer,
a location at which the consumer seeks to receive the health-related service
one or more requirements of the consumer in relation to the health-related service, including one or more of
a cost associated with the service,
a characteristic of the service, or
an availability of the consumer;
retrieving, by one or more processors, data relating to the consumer to which the request relates from the data relating to the plurality of consumers seeking to engage one or more allied health service providers;
generating and performing, by one or more processors, based upon the request received and the retrieved data relating to the consumer, a query of the data structure to identify a subset of the plurality of allied health service providers who offer services within a geographical region in which the location resides, have minimum qualifications required to provide the health-related service sought by the consumer, and satisfy the one or more additional requirements of the consumer, wherein the query comprises an exact keyword match query and a minimum similarly threshold analysis such that, when the exact keyword match query generates no relevant search results, the similarly threshold analysis is performed to generate results solely according to a comparison between the query and the data relating to the plurality of allied health service providers satisfying a minimum similarly threshold .((merely data gathering steps as noted, see MPEP 2106.05(g))); and
providing, by one or more processors, to a data communications device associated with the consumer, a result of the search conducted according to the exact keyword match search query or a minimum similarity threshold analysis .((merely data gathering steps as noted, see MPEP 2106.05(g))).
.
For the following reasons, the Examiner submits that the above identified additional limitations do not integrate the above-noted at least one abstract idea into a practical application.
Regarding the additional underlined limitation of ” receiving, by one or more processors, data relating to a plurality of consumers seeking to engage one or more allied health service providers;
storing, by one or more processors, in a database including a data structure, data relating to a plurality of allied health service providers offering their services to consumers, the data comprising:
a geographical region in which the allied health service provider offers their services receive, the near real time health data related to the user.
one or more qualifications of the allied health service provider;
receiving, by one or more processors, a request from a consumer of the plurality of consumers that seek to identify, by interrogating the data structure, a subset of the plurality of the allied health service providers whose stored data satisfies the consumer request for an allied health service provider, the request including at least:
a health-related service sought by the consumer,
a location at which the consumer seeks to receive the health-related service
one or more requirements of the consumer in relation to the health-related service, including one or more of
a cost associated with the service,
a characteristic of the service, or
an availability of the consumer;
retrieving, by one or more processors, data relating to the consumer to which the request relates from the data relating to the plurality of consumers seeking to engage one or more allied health service providers;”, this is a pre-solution activity. The examiner submits that this additional limitation does not provide any additional element, but only merely adds insignificant extra-solution activity of gathering data to the at least one abstract idea in a manner of pre- solution activity that does not meaningfully limit the at least one abstract idea
Regarding the additional limitation of ” generating and performing, by one or more processors, based upon the request received and the retrieved data relating to the consumer, a query of the data structure to identify a subset of the plurality of allied health service providers who offer services within a geographical region in which the location resides, have minimum qualifications required to provide the health-related service sought by the consumer, and satisfy the one or more additional requirements of the consumer, wherein the query comprises an exact keyword match query and a minimum similarly threshold analysis such that, when the exact keyword match query generates no relevant search results, the similarly threshold analysis is performed to generate results solely according to a comparison between the query and the data relating to the plurality of allied health service providers satisfying a minimum similarly threshold; and providing, by one or more processors, to a data communications device associated with the consumer, a result of the search conducted according to the exact keyword match search query or a minimum similarity threshold analysis”, this is a post-solution activity. The examiner submits that this additional limitation does not provide any additional element, but only merely adds insignificant extra-solution activity of gathering data to the at least one abstract idea in a manner of post- solution activity that does not meaningfully limit the at least one abstract idea ((merely data gathering steps as noted, see MPEP 2106.05(g)))
Specifically, the use of one or more processors, memory, computer as in claims 1, 16, 17 is not positively claimed in the claim as it defines the service but is claimed insufficient to a structure or apparatus that it represents mere instructions to implement an abstract idea MPEP 2106.05(f). (Spec. 0070)
Thus, taken alone, the additional elements do not integrate the at least one abstract idea into a practical application.
Looking at the additional limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, apply or use the above-noted judicial exception to implement and revise a wellbeing plan, a productivity, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception (see 2019 PEG and MPEP § 2106.05).
For these reasons, representative independent claims 1, 16, 17 do not recite additional elements that integrate the judicial exceptions into a practical application. (The Examiner notes the mere recitation of a processor, memory, does not take the claim out of the mental process grouping or organizing human activity. Thus the claim recites an abstract idea)
The remaining dependent claim limitations are not addressed above fail to integrate the abstract idea into a practical application
Thus, taken alone, the additional elements do not integrate the at least one abstract idea into a practical application.
Step 2B:
Regarding Step 2B, independent claims 1, 16, 17 do not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application.
For claims 1, 16, 17 limit the use of a processor, etc.... The specification merely describes the use of these computing components (Spec. 0070). The Examiner submits that these limitations amount to merely using these computer devices as well-understood, routine, conventional activity (Berkheimer v. HP, Inc., 881 F.3d 1360, 1368, 125 USPQ2d 1649, 1654 (Fed. Cir. 2018).), and MPEP 2106.05(d)(I)(2). Further the use of generic computer components to perform abstract ideas does not provide a necessary inventive concept. See Alice, 573 U.S. at 223 (“mere recitation of a generic computer cannot transform a patient-ineligible abstract idea into a patent-eligible invention”).
For the reasons stated, the claims fail the Subject Matter Eligibility Test and are consequently rejected under 35 USC 101. Therefore, claims 1-17 are rejected under 35USC101 as being held patent ineligible.
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, 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.
Claim(s) 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US2018189454A1) in view of Kumar (US20200219163A1).
With respect to claim 1, Johnson teaches a computer-implemented method for facilitating the engagement of allied health advisors, the method comprising:
receiving, by one or more processors, data relating to a plurality of consumers seeking to engage one or more allied health service providers (‘454; Para 0021: by disclosure, Johnson describes the system interacts with a seeker or user by receiving data input from the user or seeker or other entity about the seeker's or user's personal features. Personal features comprise but are not limited to data as health parameters, medical test results, scan results, physical features for example body type, photographs, psychological indicators or assessments, spending habits, disabilities, strength ability, bodily or other injuries, allergies, food preference, taste preference, and physical activity preference. In particular embodiments, the data input is entered by the seeker, analyzed by the processor, received and considered by the providers or the providers business system, returned to the seeker for further input or additional or different data input than originally processed.);
storing, by one or more processors, in a database including a data structure, data relating to a plurality of allied health service providers offering their services to consumers, the data comprising:
a geographical region in which the allied health service provider offers their services (‘454; Para 0007: A health and wellness system comprises the steps of geolocating one or more devices that are in communication with one or more users. A user is either one or more seekers or one or more providers. The seekers generate a request to one or more servers wherein the request is transmitted to a network. A list of providers is then generated by the parameters of proximity, a rating, and an availability of the providers), and
one or more qualifications of the allied health service provider (‘454; Para 0023: the user may select a listing to view or relevant provider profiles. Provider profiles may include but are not limited to; availability calendars, photos, bios, ratings, reviews, and accolades);
receiving, by one or more processors, a request from a consumer of the plurality of consumers that seek to identify, by interrogating the data structure, a subset of the plurality of the allied health service providers whose stored data satisfies the consumer request for an allied health service provider, the request including at least:
a health-related service sought by the consumer (‘454; Para 0019; Para 0021: in particular embodiments, the data input is entered by the seeker, analyzed by the processor, received and considered by the providers or the providers business system, returned to the seeker for further input or additional or different data input than originally processed. ),
a location at which the consumer seeks to receive the health-related service (‘454; Para 0022: the seeker will decide to engage in a healthcare service, for example, the seeker may want a massage at 4 PM the next day. Having the application downloaded onto a mobile device or desktop computer, the user may search for a masseuse in a location of their choice. The seeker may also have the option to search a nearby masseuse), and
one or more requirements of the consumer in relation to the health-related service, including one or more of
a cost associated with the service (‘454; Para 0041: The seekers preferences include, but are not limited to, preferred time period, preferred location, and cost. The user is able to refresh the seeker home screen at any time when connected to the internet so that any new programs offered are able to be synced in real time with the system.),
a characteristic of the service, or
an availability of the consumer;
retrieving, by one or more processors, data relating to the consumer to which the request relates from the data relating to the plurality of consumers seeking to engage one or more allied health service providers (‘454; Para 0022: The seekers preferences include, but are not limited to, preferred time period, preferred location, and cost. The user is able to refresh the seeker home screen at any time when connected to the internet so that any new programs offered are able to be synced in real time with the system.);
Kumar teaches
generating and performing, by one or more processors, based upon the request received and the retrieved data relating to the consumer, a query of the data structure to identify a subset of the plurality of allied health service providers who offer services within a geographical region in which the location resides, have minimum qualifications required to provide the health-related service sought by the consumer, and satisfy the one or more additional requirements of the consumer, wherein the query comprises an exact keyword match query and a minimum similarly threshold analysis such that, when the exact keyword match query generates no relevant search results, the similarly threshold analysis is performed to generate results solely according to a comparison between the query and the data relating to the plurality of allied health service providers satisfying a minimum similarly threshold (‘163; Abstract: by disclosure, Kumar describes A service provider matching system can receive service provider data and preferences, customer data and preferences, and a customer request for service and determine matching scores for one or more matching service providers. Based on a threshold value, the service providers with a matching score above the threshold can be presented to a customer for selection. Upon selection by a customer, an assisted interaction can take place between the customer and one or more selected service providers to agree to particular terms related to a requested service, book a service appointment, and track the progress until completion; Para 0020:to receive service provider information relating to a plurality of service providers; receive, based on user interaction with the user interface, electronic search data indicating search criteria for searching at least a subset of the plurality of service providers to perform a desired service; select a set of service providers from the plurality of service providers, wherein at least one of the service provider data fields for each service provider in the set of service providers matches one of the search data fields; calculate a base score for each of a plurality of search data fields for each service provider in the set of service providers, wherein the base score for an individual search data field represents a similarity between values associated with the individual search data field and a corresponding service provider data field; adjust the calculated base scores for each service provider in the set of service providers to generate adjusted base scores; Para 0074); and
providing, by one or more processors, to a data communications device associated with the consumer, a result of the search conducted according to the exact keyword match search query or a minimum similarity threshold analysis (‘163; Para 0012: generating user interfaces and implementing associated algorithms for matching customers to service providers based on relevant and custom criteria provided by the customer and the service provider. For example, some aspects of the disclosure include matching a relative location of a customer to a relative location of one or more service providers based at least in part on distance or the type and extent of the desired service).
It would have been obvious to one f ordinary skill in the art before the effective filing date of claimed invention to modify the system of Johnson with the technique of interactive electronic assignment of services to providers as taught by Kumar and the motivation is to provide a matching system to determine matching scores for one or more matching service providers.
Claims 16-17 are rejected as the same reason with claim 1.
With respect to claim 2, the combined art teaches the computer-implemented method of claim 1, wherein the subset of allied health service providers included in the search query response are sorted according to one or more parameters selected by the consumer (‘163; Para 0019: determining, using the computer system, a set of recommended service providers comprising at least a portion of the set of service providers, the set of recommended service providers determined based at least in part on the calculated matching scores; causing display, via the user interface, of an interactive result set based at least in part on the set of recommended service providers, the interactive result set being determined and sorted based at least in part on the calculated matching scores).
With respect to claim 3, the combined art teaches the computer-implemented method of claim 1, wherein the subset of allied health service providers included in the search query response are sorted automatically according to one or more pre-defined parameters (‘163; Para 0019).
With respect to claim 4, the combined art teaches the computer-implemented method according to claim 1, further comprising: receiving, by one or more processors, from the data communications device associated with the consumer, a selection of a particular allied health service provider from the subset of allied health service providers (‘163; Abstract).
With respect to claim 5, the combined art teaches the computer-implemented method of claim 1, wherein the stored data relating to the allied health service providers comprises details relating to the cost of services provided by the allied health service provider, the characteristics of services offered by the allied health service provider, and the availability of the allied health service provider, and when the one or more requirements specified in the user request specifies a particular cost of the service provider, characteristic of the service provider, and/or availability of the consumer, the method further includes comprises: determining, by one or more processors, whether the one or more requirements are satisfied by comparing the one or more requirements against the stored data relating to the allied health service providers (‘454; Para 0041).
With respect to claim 6, the combined art teaches the computer-implemented method of claim 1, wherein the allied health service providers provide health-related services comprising one or more of: personal training; fitness training; diet; nutrition; weight loss; or movement / mobility (454; Paras 0020-0021; Para 0035 fitness training).
With respect to claim 7, the combined art teaches the computer-implemented method of claim 1, wherein the one or more qualifications of the allied health service provider comprises one or more of: an academic qualification; a technical qualification; experience; an accreditation; consumer rating; or reputation (‘454; Para 0056: to FIG. 4, seekers and provider rate one another based on their experience in providing a service to the seeker, or experiencing the service provided by the provider.).
With respect to claim 8, the combined art teaches the computer-implemented method of claim 1, wherein the data communications device associated with the particular consumer operates a software application that enables the particular consumer to prepare and submit the request, to view a response to the request, and to select a particular allied health service provider from the providers listed in the search query response (‘454; Para 0038).
With respect to claim 9, the combined art teaches the computer-implemented method of claim 8, wherein details relating to each allied health service provider are received via a data communications device that also operates a software application, the software application enabling each allied health service provider to submit details relating to the geographical region in which the allied health service provider offers their services, the qualifications of the allied health service provider, and additional details regarding the services they provide, prior to storage and indexing of same in the data structure (‘163; Para 0012).
With respect to claim 10, the combined art teaches the computer-implemented method of claim 8, wherein the software application further enables the allied health service providers to publish material for viewing by consumers, including public materials viewable by all consumers, and private materials viewable only by those consumers who have engaged the services of the allied health service provider (‘454; Para 0051: customer can create a request for a service that specifies a time window (for example, 1 day, 1 week, 1 month, or the like) to accept bids. The bids can either be private and hidden or public and available for other service providers and/or customers to view).
With respect to claim 11, the combined art teaches the computer-implemented method of claim 10, wherein the published material includes comprises one or more of: instructional programs created by the allied health service provider; or a schedule of the allied health service provider (‘163; Para 0061: if a customer requests a 2-hour project, the provider matching engine 101 and/or the service provider matching system 102 can match a customer to a service provider at a recommended time that fits both the customer's and service provider's schedule based on their availability.).
With respect to claim 12, the combined art teaches the computer-implemented method of claim 11, wherein the published schedule of the allied health service provider is viewable by consumers using their data communications devices in a configuration enabling each consumer to view available appointment times of the allied health service provider and to schedule an appointment during one of the available times (‘163; Para 0061).
With respect to claim 13, the combined art teaches the computer-implemented method of claim 12, wherein when an allied health service provider has been selected by the consumer and the engagement of the allied health service provider confirmed, the software application further provides a payment gateway enabling consumers to pay for services provided by the allied health provider comprising payment for access to instructional programs created by the service provider and the schedule of the service provider (‘163; Paras 0095-0096).
With respect to claim 14, the combined art teaches the computer-implemented method of claim 13, wherein when an allied health service provider has been selected by the consumer and the engagement of the allied health service provider confirmed, the software application further provides a communication gateway enabling the consumer and allied health service provider to exchange messages and materials, engage in video conferencing, and/or schedule appointments to provide online or in-person services at an agreed time and location for an agreed cost (‘163; Para 0204).
With respect to claim 15, the combined art teaches the computer-implemented method of claim 8, wherein the software application further enables each of the consumers and the allied health service providers to monitor and update any submitted details, including any additional details submitted for the purpose of facilitating the identification of the consumer and/or allied health service provider (‘163; Paras 0168-0169).
Conclusion
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/HIEP V NGUYEN/Primary Examiner, Art Unit 3686