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, 3-9, 11-23 have been examined. Claims 1, 6, 21, 22 have been amended. Claims 2, 10 have been canceled.
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 12- 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 12 recites utilizing an healthcare program specialist persona to navigate prescription drug programs and identify suitable options for the patient based on the patent’s current medications and medical conditions. However, it is unclear how to identify a suitable option for the patient. Therefore, the claim render indefinite.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 12 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. As described above, nithe disclosure does not provide adequate structure to perform the claimed function of identifying suitable opinion for the patient. The specification does not demonstrate that the applicant has made an invention that achieves the claimed function because the invention is not described with sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention.
Claims 13-17 are rejected as dependent of claim 12.
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.
Claim 12-17 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1:
Claim 12 recite(s) a system for directing a patient to a healthcare program, which is within a statutory category (machine).
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.
For claim 12, the limitation “receiving patient data regarding a patient; and utilizing a healthcare program specialist persona to navigate prescription drug programs and identify suitable options for the patient based on the patent’s current medications and medical conditions” describes managing persona behaviors and interactions between people, bur for the recitation of generic virtual agent system. These steps of receiving patient data, utilizing a message builder persona to create a care plan are the steps are concepts of managing a care plan of the patient performed by healthcare provider. And thus, these claim limitations, under broadest reasonable interpretation, covers the interaction between people. If a claim limitation, under broadest reasonable interpretation, covers managing personal behaviors and personal interactions but for the recitation of generic computer, then it falls within the “Certain Method of Organizing Human Activity”. Accordingly, the claim is directed toward at least one abstract idea.
Dependent claims 13-17 add further limitations which are also directed to an abstract idea. For example, claims 13 through 17 include the limitations of consulting prescription drug or monitoring a prescription drug expert resource, interpreting healthcare programs, facilitating enrollment in healthcare programs, interacting virtual agent” which are directed to certain of organizing human activity for the same reasons as the independent claim.
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 also 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.”
For claims 12-17, the judicial exception is not integrated into a practical application because the additional elements and combination of additional elements do not impose meaningful limits on the judicial exception. In particular, the claims recite the additional element – a device processor , the non-transitory computer-readable medium, in these steps are recited at a high-level of generality, such that it amounts to no more than mere instructions to apply the exception using a generic computer component (Spec.; Para 0056). Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims also recite the additional elements of a computing device for presenting the care plan. The computing device is recited at a high-level of generality such that it is simply adding a general purpose computer after the fact to the abstract idea, as per MPEP 2106.05(f)(2), which amounts to mere instructions to apply the exception. Because the additional elements do not impose meaningful limitations on the judicial exception, the claim is directed to an abstract idea.
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 monitor a care 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 MPEP § 2106.05).
For these reasons, representative independent claims 12-17 do not recite additional elements that integrate the judicial exceptions into a practical application. (The Examiner notes the mere recitation of a processor, memory, non-transitory medium does not take the claim out of certain method of organizing human activity. Thus the claim recites an abstract idea)
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 12-17 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.
Claims 12-17 limit the use of a processor, a system, a non-transitory medium, etc.... The specification merely describes the use of these computing components. 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 12-17 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 (i.e., changing from AIA to pre-AIA ) 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) 1-11, 18-23 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Gnanasambandam et al. (US 20230052573A1 hereinafter Gnanasambandam) in view of Damani et al. (US20230197290A1 hereinafter Damani).
With respect to claim 1, Gnanasambandam teaches a system for generating personalized healthcare schedules within a virtual agent system, comprising:
a device processor (‘573; Para 0131); and
a non-transitory computer readable medium having stored thereon instructions, executable by the processor (‘573; Para 0340), for performing the following steps:
receiving patient data regarding a patient (‘573; Para 0655: by disclosure, Gnanasambandam describes the method 6400 may include receiving patient data that indicates health related information associated with a patient. For example, the computing device 1400 (e.g., using may receive patient data that indicates health related information associated with a patient describes the method may include receiving patient data that indicates health related information associated with a patient. For example, the computing device (e.g., using may receive patient data that indicates health related information associated with a patient); Paras 0668;); and
Nagaraja teaches
improving the system’s effectiveness at engaging the patient by utilizing a schedule builder persona within the virtual agent system to create a care plan that is tailored to the patient's needs, has a predetermined duration, and includes details regarding timing and content of communication to be made with the patient (‘573; Para 0123: The cognitive intelligence platform may generate the care plan based on the areas of the condition the user specified to manage, based on areas of the condition on which the user has not taken action and/or interacted with in view of the knowledge graph and patient graph, based on a detected emotion of the user, based on a detected tone of the user, based on a medical outcome selected by a medical personnel, or some combination thereof; Para 0152: in order to address the care needs and well-being of the user, the cognitive intelligence platform 102 collects, analyzes, and processes information from the user, healthcare providers, and other eco-system; Para 0141: The AI engine 109 may include machine learning models that are trained to schedule appointments for users, recommend appointments to users, determine costs of services, manage documents for users, extract data from images, provide curated content tailored for users, estimate wait times, perform natural language searching of curated content,;participants, and consolidates and integrates the information into knowledge; Para 0154: the cognitive intelligence platform 102 (e.g., by way of the cognitive agent 110 interacting with the user) holistically manages and executes a health plan for durational care and wellness of the user (e.g., a patient or consumer)).
Damani teaches
consulting an incentive management expert resource to incorporate user-specific goals and rewards into the care plan, ensuring alignment with health plan incentives of the patient (‘290; Para 0192: FIG. 27 illustrates possible incentives and rewards that may be provided to the various Groups by each program sponsor or provider. The incentive design refers to whether the incentive is designated for a specific individual user or a group of users based on group achievement.; Para 0209: Care team members continually reviewed and interpreted patient's incoming data, consulted the care plan and provided personalized feedback via secure messaging several times per week )(‘573; Para 0682: Fig. 68 show the user interface to may present sections for each care plan that is available for a patient and the goals included in those care plans. For example, a first section for Care Plan includes 3 goals. Goal 1 includes a graphical element indicating the goal is reimbursable, which may provide incentive for a medical personnel to include that goal in the care plan. ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of claim invention to modify the system of Gnanasambandam with the technique of implementing personized health and wellness programs as taught by Damani and the motivation is to engage the patient with care plane tailored to the patient needs.
With respect to claim 3, the combined art teaches the system of claim 1, wherein the computer readable medium further includes instructions for continuously updating the care plan based on real-time feedback received from the patient, as processed by a feedback collection persona. (‘573; Para 0385: FIG. 23 shows a method 2300 for using feedback pertaining to the accuracy of cognified data to update an artificial intelligence engine, in accordance with various embodiments)
With respect to claim 4, the combined art teaches the system of claim 3, wherein the computer readable medium further includes instructions for providing immediate guidance to the patient upon receipt of the real-time feedback (‘573; Para 0094).
With respect to claim 5, the combined art teaches the system of claim 1, wherein the computer readable medium further includes instructions for collecting data regarding a compliance status of the patient, reflecting the patient’s compliance with one or more healthcare directives; and generating one or more updates to the care plan that are customized in view of the compliance status of the patient (‘573; Para 0124: the patient graph for each condition may also include an engagement profile that may be used to determine a compliance of the user with the care plan.)
With respect to claim 6, Gnanasambandam teaches a system for generating personalized healthcare messaging within a virtual agent system, comprising:
a device processor (‘573; Para 0375); and
a non-transitory computer readable medium having stored thereon instructions, executable by the processor (‘573; Paras 0374-0375), for performing the following steps:
receiving patient data regarding a patient (‘573; Para 0655: by disclosure, Gnanasambandam describes the method 6400 may include receiving patient data that indicates health related information associated with a patient. For example, the computing device 1400 (e.g., using may receive patient data that indicates health related information associated with a patient describes the method may include receiving patient data that indicates health related information associated with a patient. For example, the computing device (e.g., using may receive patient data that indicates health related information associated with a patient); Paras 0668); and
utilizing a message builder persona within the virtual agent system to generate a series of personalized messages based on the created care plan in order to ensure that the content of the messages is compliant with healthcare regulations and effectively motivates the patient (‘573; Para 0283: As a user interacts with the GUI, the cognitive intelligence platform 102 continues to build a database of knowledge about the user based on questions asked by the user as well as answers provided by the user (e.g., available data as described in FIG. 4 ). In particular, FIG. 8A displays a particular screen shot 801 of the user device 104 at a particular instance in time. The screen shot 801 displays a graphical user interface (GUI) with menu items associated with a user's (e.g., Nathan) profile including Messages from the doctor (element 804); Para 0686: The user interface 7100 may be presented once the assessments are saved. The user interface 7100 may present a checklist for various goals that are available to be added to the care plan for each respective type of goal. There may be any suitable type of goals, and the user interface 7100 depicts goals for compliance, medication therapy management, and utilization. Other goals may include lifestyle modifiable, resources coordination, health knowledge, etc. The AI engine 109 or the medical personnel selected to include each of the goals presented in the user interface ).
Damani teaches
wherein the computer readable medium,(‘290; Para 0226), further includes instructions for:
consulting an incentive management expert resource to assess user wellbeing (‘290; Para0061: The software 504 obtains the personalized data 502 from the user through the user assessments, and then develops the personalized plans 506 for the user to implement);
receiving feedback from the incentive management expert resource (‘290; Para 0094: Constant feedback is provided via a graphical user interface of the integrated software application); and
customizing one or more of the communications of the series of personalized messages to provide guidance to the patient on how to achieve improved wellbeing or to meet certain incentives (‘290; Para 0163: The data collected can be displayed in a wholly interactive, customizable manner depending on each particular user and depending on the viewer who will be viewing the dashboard. In the embodiments illustrated in FIGS. 9-24 , these reports may be customized for a user, a physician or healthcare team and even an administrator at a school or company who is managing a health incentives program ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of claim invention to modify the system of Gnanasambandam with the technique of implementing personized health and wellness programs as taught by Damani and the motivation is to engage the patient with care plane tailored to the patient needs.
With respect to claim 7, the combined art teaches the system of claim 6, wherein the computer readable medium further includes instructions for collecting data regarding the patient’s personality type; and generating one or more messages of the series of personalized messages that are customized according to the patient’s personality type (‘573; Figs 8A & B and C).
With respect to claim 8, the combined art teaches the system of claim 6, wherein the computer readable medium further includes instructions for consulting a message validation expert resource to ensure that all communications of the series of personalized messages adhere to predetermined guidelines and/or regulations (‘573; Paras 0094, 0156).
With respect to claim 9, the combined art teaches the system of claim 6, wherein the computer readable medium further includes instructions for consulting an email timing expert resource; and optimizing timing of the communications of the series of personalized messages to maximize engagement by the patient (‘573; Para 0534, Para 0689).
With respect to claim 11, the combined art teaches the system of claim 6, wherein the computer readable medium further includes instructions for consulting a case management expert resource to develop guidelines for crafting patient messages based on presented conditions and risk analysis data; and customizing one or more of the communications of the series of personalized messages based on the guidelines developed by the case management expert resource (‘573; Para 0094).
With respect to claim 18, Gnanasambandam teaches a system for automated healthcare management of a patient, comprising:
a virtual agent system that includes multiple specialized personas (‘573; Para 0143), each configured to perform specific tasks within a healthcare management process, including:
a schedule builder persona configured to generate a personalized care plan based on patient data, integrating input from one or more expert resources to tailor the care plan to the patient’s needs in order to improve the system’s effectiveness at
engaging the patient (‘573; Para 0154: the cognitive intelligence platform 102 (e.g., by way of the cognitive agent 110 interacting with the user) holistically manages and executes a health plan for durational care and wellness of the user (e.g., a patient or consumer). The health plan includes various aspects of durational management that is coordinated through a care continuum and proceeds to schedule of a service that aligns with a healthcare plan of the user; Para 0557: the information may be received from a source including an electronic medical records system, an application programming interface, a claims system, an electronic health virtual assistant, an application executing on the user device 104, a data store, or some combination thereof. Para 0532: the care plan 5604 may be tailored for providing action instructions to a user, the natural language representing the care plan 5604 may be tailored for providing action instructions to a medical personnel, and the natural language representing the care plan 5604 may be tailored for providing action instructions to an administrator; Para 0678:); and
a message builder persona configured to generate and schedule patient communications based on the generated personalized care plan, ensuring that each message is compliant with healthcare regulations in order to ensure that the content of the messages is compliant with healthcare regulations and effectively motivates the patient (‘573; Para 0123: the cognitive intelligence platform may determine that the user currently is prescribed medication A for diabetes based on the user's patient graph for diabetes, but medication A is ineffective for the user. The cognitive intelligence platform may compare the patient graph to the knowledge graph pertaining to diabetes to determine that medication B can be prescribed to treat diabetes for the user. The care plan may include an action instruction that instructs the medical personnel to prescribe medication B and/or discuss information pertaining to medication A and/or medication B.; Para 0141: the AI engine 109 may include machine learning models that are trained to schedule appointments for users, recommend appointments to users, determine costs of services, manage documents for users)
Damani teaches
the system being configured to consult multiple specialized expert resources for analysis of patient data and available healthcare programming (‘290; Para 0063: multiple consultations for analysis of patient data to achieve patient goal ), including:
a feedback expert resource configured to receive and analyze real-time feedback from the patient and provide insights that allow the schedule builder persona and message builder persona to adjust the generated care plan and the generated patient communications (‘290; Para 0094: Constant feedback is provided via a graphical user interface of the integrated software application; Para 0065: a complete reassessment of the user is completed in order to adjust the user's training and exercise, caloric intake, etc. based on their progress. A complete biometric assessment 728, including segmental body composition analysis, resting metabolism and cardiovascular fitness (VO2) test is performed again in order to compare with previous results. A review of the nutrition plan may also be completed, and adjustments made based on the user's progress, improvements and compliance); and
an incentive management expert resource configured to monitor patient compliance with health plan activities set forth in the generated care plan and incorporating user-specific goals and rewards into the care plan (‘ 290; Para 0153: The mobile health devices may provide the means to track the user's progress toward identified goals in their health and wellness programs, by measuring the same categories of data that were initially measured when developing the user profile. In this way, the mobile health devices are integral to monitoring a user's progress and evaluating the success of the health and wellness programs.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of claim invention to modify the system of Gnanasambandam with the technique of implementing personized health and wellness programs as taught by Damani and the motivation is to engage the patient with care plane tailored to the patient needs;
With respect to claim 19, the combined art teaches the system of claim 18, wherein the system is further configured to collect data regarding the patient’s personality type; and generate one or more of the patient communications that are customized according to the patient’s personality type (‘573; Para 0686).
With respect to claim 20, the combined art teaches the system of claim 18, wherein the system is configured to consult a message validation expert resource to ensure that all of the patient communications adhere to predetermined guidelines and/or regulations (573; Para 0156).
With respect to claim 21, Gnanasambandam teaches a method of self-learning generative artificial intelligence (AI) prompt optimization, comprising:
utilizing a device processor to execute instructions stored on a non-transitory computer readable medium for performing the following steps:
establishing an input prompt; (‘573; Para 0275: prompting the user to build his profile includes displaying a GUI asking the user to enter in additional information, such as age, weight, height, and health concerns.) ;
using a prompt engineering insights expert resource to determine a prompt output score (‘573; Para 0138: the machine learning models may use a combination of knowledge graphs, logical structures, structural similarity comparison mechanisms, and/or pattern recognition to generate the cognified data. The cognified data may be output by the one or more trained machine learning models.);
determining whether the prompt output score meets a predetermined scoring threshold (‘573; Para 0395: The knowledge graphs that include a threshold number of matches between the indicia and the known health related matches in the knowledge graphs may be selected for further processing.); and
recording the input prompt as an optimized prompt if the prompt output score meets the predetermined scoring threshold and generating a new input prompt if the prompt output score does not meet the predetermined scoring threshold (‘573; Para 0396: f there are a threshold number of identified structural similarities between the known logical structures and the possible health related information and/or if there are a threshold number of matches between indicia and known health related information for a particular medical condition, a diagnosis may be generated for that particular medical condition.).
generating care plan messages for a patient using the input prompt in order to ensure that the content of the messages is compliant with healthcare regulations effectively motivates the patient (‘573; Para 0283: As a user interacts with the GUI, the cognitive intelligence platform 102 continues to build a database of knowledge about the user based on questions asked by the user as well as answers provided by the user (e.g., available data as described in FIG. 4 ). In particular, FIG. 8A displays a particular screen shot 801 of the user device 104 at a particular instance in time. The screen shot 801 displays a graphical user interface (GUI) with menu items associated with a user's (e.g., Nathan) profile including Messages from the doctor (element 804); Para 0686: The user interface 7100 may be presented once the assessments are saved. The user interface 7100 may present a checklist for various goals that are available to be added to the care plan for each respective type of goal. There may be any suitable type of goals, and the user interface 7100 depicts goals for compliance, medication therapy management, and utilization. Other goals may include lifestyle modifiable, resources coordination, health knowledge, etc. The AI engine 109 or the medical personnel selected to include each of the goals presented in the user interface ).
Damani teaches
consulting an incentive management expert resource to assess user wellbeing (‘290; Para0061: The software 504 obtains the personalized data 502 from the user through the user assessments, and then develops the personalized plans 506 for the user to implement);
receiving feedback from the incentive management expert resource (‘290; Para 0094: Constant feedback is provided via a graphical user interface of the integrated software application); and
customizing one or more of the care plan messages to provide guidance to the patient on how to achieve improved wellbeing or to meet certain incentives (‘290; Para 0163: The data collected can be displayed in a wholly interactive, customizable manner depending on each particular user and depending on the viewer who will be viewing the dashboard. In the embodiments illustrated in FIGS. 9-24 , these reports may be customized for a user, a physician or healthcare team and even an administrator at a school or company who is managing a health incentives program ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of claim invention to modify the system of Gnanasambandam with the technique of implementing personized health and wellness programs as taught by Damani and the motivation is to engage the patient with care plane tailored to the patient needs.
It would have been obvious to one of ordinary skill in the art before the effective filing date of claim invention to modify the system of Gnanasambandam with the technique of Artificial intelligence assisted service as taught by Nagaraja and the motivation is to engage the patient with care plane tailored to the patient needs
Claim 22 is rejected as the same reason with claim 21.
With respect to claim 23, , the combined art teaches the method of claim 22, wherein the omnichannel communications include one or more of the following: email messages, URL’s to interactive web pages, PDF export files, mobile device notifications, and application programming interface (API) calls into external web services (‘573; Para 0114: he autonomous multipurpose application may transmit a message (e.g., email, text message, phone call, onscreen notification, etc.) to the user; Para 0376: n application programming interface (API) may be used to interface with an electronic medical record system used by the physician. The API may retrieve one or more EMRs of the patient and extract the patient notes; Para 0637: PDF format).
Claim(s) 12-17 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Gnanasambandam et al. (US 20230052573A1 hereinafter Gnanasambandam).
With respect to claim 12, Gnanasambandam teaches a system for directing a patient to healthcare programs within a virtual agent system, comprising:
a device processor; and
a non-transitory computer readable medium having stored thereon instructions, executable by the processor, for performing the following steps:
receiving patient data regarding a patient (573; Para 0655: by disclosure, Gnanasambandam describes the method 6400 may include receiving patient data that indicates health related information associated with a patient); and
utilizing an healthcare program specialist persona to navigate prescription drug programs and identify suitable options for the patient based on the patent’s current medications and medical conditions in order to ensure patients have access to the most beneficial and cos-effective drug coverage available to them (‘573; Para 0123: the cognitive intelligence platform may determine that the user currently is prescribed medication A for diabetes based on the user's patient graph for diabetes, but medication A is ineffective for the user. The cognitive intelligence platform may compare the patient graph to the knowledge graph pertaining to diabetes to determine that medication B can be prescribed to treat diabetes for the user. The care plan may include an action instruction that instructs the medical personnel to prescribe medication B and/or discuss information pertaining to medication A and/or medication B.; Para 0141: the AI engine 109 may include machine learning models that are trained to schedule appointments for users, recommend appointments to users, determine costs of services, manage documents for users)
It would have been obvious to one of ordinary skill in the art before the effective filing date of claim invention to make use of the system of Gnanasambandam in order to ensure patients have access to the most beneficial and cos-effective drug coverage
With respect to claim 13, the combined art teaches the system of claim 12, wherein the computer readable medium further includes instructions for consulting a prescription drug expert resource to ensure that all drugs prescribed to the patient optimally align with the user’s conditions (‘573; Para 0296).
With respect to claim 14, the combined art teaches the system of claim 12, wherein the computer readable medium further includes instructions for consulting a prescription drug expert resource to monitor a prescription history of the patient across different healthcare programs; and providing the patient with a message reminding the patient of their latest healthcare programs in the event the patient purchases medication through a healthcare program that the patient has replaced with a program in which the patient has more recently enrolled (‘573; Para 0284: scrolled down the menu, such that additional menu items below Health Plans & Assessments (element 812) are shown. The additional menu items include Reports (element 814), Health Team (element 816), and Purchases and Services ).
With respect to claim 15, the combined art teaches the system of claim 12, wherein the computer readable medium further includes instructions for consulting a healthcare program expert resource to analyze and interpret healthcare programs to match them with the patient’s specific medical conditions and needs; and providing a recommendation to the patient for the patient to enroll in one or more new healthcare programs (‘573; Para 0353: enerating a therapeutic paradigm logical framework 1800 for interpreting of the medical question).
With respect to claim 16, the combined art teaches the system of claim 12, wherein the computer readable medium further includes instructions for consulting an enrollment expert resource in order to facilitate enrollment in one or more healthcare programs (‘573; Para 0287: The cognitive agent 110 can align a user's respective health plan based on a health assessment at enrollment. In various embodiments, the cognitive agent 110 aligns the respective health plan with an interest of the user, a goal and priority of the user).
With respect to claim 17, the combined art teaches the system of claim 12, wherein the computer readable medium further includes instructions for receiving prescription drug data and medical conditions data associated with the patient; and redirecting a user of the virtual agent to one or more applications external to the virtual agent such that the user interacts with one or more application programming interfaces (APIs) associated with the one or more external applications to modify at least one aspect of the patient’s healthcare (‘573; Para 0403).
Response to Arguments
Applicant’s argument , See Remark dated 07/13/2026, with respect to claims 1-11, 18-22 have been considered but are moot because the arguments do not apply to the references Damani being used in the current rejection.
Regarding claim 12, the Examiner is unclear how identifying suitable option for the patient. The specification is devoid of adequate structure to perform claimed function. There is no disclosure of any particular structure to perform identifying suitable option for the patient. Therefore, the claim is indefinite and is rejected under 35USC112(b) or pre-AIA 35USC112, second paragraph.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lucie Kruse et al.; Would You Go to a Virtual Doctor? A Systematic Literature Review on User Preferences for Embodied Virtual Agents in Healthcare; 2023 IEEE International Symposium on Mixed and Augmented Reality (ISMAR).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HIEP VAN NGUYEN whose telephone number is (571)270-5211. The examiner can normally be reached Monday through Friday between 8:00AM and 5:00PM EST.
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/HIEP V NGUYEN/Primary Examiner, Art Unit 3686
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