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 .
Applicant filed a response dated 9/9/2026 in which claims 1 and 12 have been amended, claims 9-11 and 20-23 have been canceled and new claims 24-26 have been added. Thus, the claims 1-8, 12-19, and 24-26 are pending in the application.
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 1-8, 12-19, and 24-26 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea of providing medical imaging decision support data without significantly more.
Examiner has identified claim 12 as the claim that represents the claimed invention presented in independent claims 1 and 12-15.
Claim 12 is directed to a system, which is one of the statutory categories of invention (Step 1: YES).
The claim 12 describes a system comprising: an interface unit configured to receive natural language data, the natural language data comprising patient-specific clinical information; and a computing unit configured to, generate structured information by applying a large language model to the natural language data, the structured information comprising the patient-specific clinical information in a structured format, calculate the medical imaging decision support data based on the structured information, the medical imaging decision support data being indicative of at least one of a value of a scan parameter of a scan protocol, a value of a reconstruction parameter of a reconstruction algorithm, a value change of the scan parameter of the scan protocol for a medical imaging examination of a patient by a medical imaging device, a value change of the reconstruction parameter of the reconstruction algorithm for reconstructing a medical image based on medical imaging data, or a value change of the image processing parameter of the image processing algorithm for processing the medical image, wherein the interface unit is further configured to provide the medical imaging decision support data, and wherein the interface unit is further configured to provide explanation data indicative of at least one of an explanation or a reason for at least one of the generating the structured information or for the calculating the medical imaging decision support data, and at least one of in response to the medical imaging decisions support data being indicative of the value of the scan parameter of the scan protocol or the value change in the scan parameter of the scan protocol, conduct a medical image examination based on the scan parameter, in response to the medical imaging decision support data being indicative of the value of the reconstruction parameter of the reconstruction algorithm or the value change of the reconstruction parameter of the reconstruction algorithm, reconstruct the medical image based on the medical imaging data, or in response to the medical imaging decision support data being indicative of the value of the image processing parameter of the image processing algorithm or the value change of the image processing parameter of the image processing algorithm, process the medical image, the explanation data includes at least one of a citation of content from the natural language data, an interactive explanation or reasoning about the structured information or the medical imaging decision support data, or an explanation or reasoning about a tuning of the large language model, which corresponds to a certain method of organizing human activity. Furthermore, if a claim limitation, under its broadest reasonable interpretation, covers interactions between people, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. The additional elements of an interface unit, a computing unit, a large language model, a structured format/information, algorithm, and a medical imaging device do not necessarily restrict the claim from reciting an abstract idea. Thus, the claim 12 recites an abstract idea (Step 2A-Prong 1: YES).
This judicial exception is not integrated into a practical application because the additional elements of an interface unit, a computing unit, a large language model, a structured format/information, algorithm, and a medical imaging device result in no more than simply applying the abstract idea using generic computer elements. The additional elements of an interface unit, a computing unit, a large language model, a structured format/information, algorithm, and a medical imaging device are recited at a high level of generality, and under their broadest reasonable interpretation comprises a generic computing device. The presence of a generic computing device does nothing more than to implement the claimed invention (MPRP 2106.05(f)). The additional elements of an interface unit, a computing unit, a large language model, a structured format/information, algorithm, and a medical imaging device are no more than mere instructions to apply the exception using a generic computer element. Therefore, the recitation of additional elements does not meaningfully apply the abstract idea and hence does not integrate the abstract idea into a practical application. Thus, the claim 12 is directed to an abstract idea (Step 2A-Prong 2: NO).
The claim does not include additional elements that is sufficient to amount to significantly more than the judicial exception because the additional elements of an interface unit, a computing unit, a large language model, a structured format/information, algorithm, and a medical imaging device are recited at a high level of generality in that it result in no more than simply applying the abstract idea using generic computer elements. The additional elements when considered separately and as an ordered combination do not amount to add significantly more as the additional elements provide nothing more than to simply apply the exception in a generic computer environment (Step 2B: NO). Thus, the claim 12 is not patent eligible.
Similar arguments can be extended to other independent claims 1 and 13-15, and thus rejected on similar grounds as claim 12.
Dependent claims 2-8, 16-19, and 24-26 further define the abstract idea that is present in their respective independent claim 1 and thus correspond to Certain Methods of Organizing Human Activity and hence are abstract in nature for the reasons presented above. Dependent claims 24-26 describes the large language model to include an encoder and a decoder which are interpreted as additional elements. However, an encoder and a decoder are recited at a high level of generality in that it simply amounts to applying the abstract idea without integrating the abstract idea into a practical application or amounting to add significantly more. In a similar manner, dependent claim 25 describes vectors and an attention mechanism as an additional elements but does not transform the abstract idea into a practical application as there is no technical improvement when the abstract idea is applied using these additional elements. The remaining dependent claims do not include any additional elements that integrate the abstract idea into a practical application or are sufficient to amount to significantly more than the judicial exception when considered both individually and as an ordered combination. Therefore, the claims 2-8, 16-19, and 24-26 are directed to an abstract idea. Thus, the claims 1-8, 12-19, and 24-26 are not patent-eligible.
Response to Arguments
Applicant's arguments filed dated 9/9/2026 have been fully considered but they are not persuasive due to the following reasons:
With respect to the rejection of claims 1-8 and 12-23 under 35 U.S.C. 101, Applicant states that claim 1 provides an improvement to medical image decision making and medical imaging information. Application of an LLM to natural language data in the context of the method of claim 1 results in enhanced and/or automated scan workflows or post-processing workflows. The explanation data is included and/or provided because the method is performed via an LLM and medical imaging and diagnostic methods are improved by providing a verifiable source or the ability to cross-check the output information.
Examiner respectfully disagrees and notes that the use of LLM does not result in technical improvement and the improvement is to decision making and medical imaging information which is abstract in nature. The improvement to an abstract idea is not sufficient to integrate the abstract idea into a practical application. Moreover, the use of LLM is nothing more than applying the abstract idea as the LLM limitations are recited at a high level of generality. It is unclear from the claimed invention that the use of LLM provides any technical improvement when it implements the abstract idea.
Applicant also states that the present amendments to claim 1 utilize the medical imaging decision support data to perform a further scanning or image processing step. The amendments to claim 1 integrate further hardware and software applications to conduct a medical imaging examination, reconstruct an image, or process a medical image which enhances and/or automates “a scan workflow and/or a post-processing workflow.” The pending claims do not provide mere automation but instead utilize an LLM to analyze data to provide both support data and explanation data and then further utilize the support data to provide a practical application of a further scanning or image processing step.
Examiner respectfully disagrees and notes that utilizing an LLM in this manner still supports and is directed to an abstract idea of providing medical imaging decision support data. There is no technical improvement to the LLM or other additional elements as a result of it which can be interpreted as integrating the abstract idea into a practical application. Simply using a LLM to apply the abstract idea is not integrating the abstract idea into a practical application. The analyzing and providing data that can be utilized for further scanning or image processing step does not change claim from reciting an abstract idea and the use of LLM to carry out these steps merely amounts to applying the abstract idea without transforming the abstract idea into a practical application or amount to add significantly more.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAJESH KHATTAR whose telephone number is (571)272-7981. The examiner can normally be reached M-F 8AM-5PM.
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RAJESH KHATTAR
Primary Examiner
Art Unit 3684
/RAJESH KHATTAR/Primary Examiner, Art Unit 3684
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