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 the Application
Claims 1-20 are currently pending in this case and have been examined and addressed below. This communication is a Final Rejection in response to the Amendments to the Claims and Remarks filed on 04/06/2026.
Claims 1, 8, and 15 are currently amended.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 – 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., an abstract idea) without significantly more.
Step 1: Claims 1-7 are drawn to a process. Claims 8-20 is drawn to a machine. As such, claims 1-20 are drawn to one of the statutory categories of invention (Step 1: YES).
Step 2A - Prong One: In prong one of step 2A, the claim(s) is/are analyzed to evaluate whether it/they recite(s) a judicial exception.
Independent Claim 1: A method for analyzing database records to identify risk of conditions suggested by the records, the method comprising:
maintaining, by a records management and processing system, a set of records in a database, each record of the set of records comprising an electronic record of a healthcare service provided to a patient by a healthcare service provider of a plurality of healthcare service providers, wherein the electronic record is received by the records management and processing system from a system of the healthcare service provider;
reading, by a condition identification system, the set of records in the database;
identifying, by the condition identification system, a population of patients at risk of having a chronic condition based on records in the set of records associated with each patient in the population of patients, wherein the chronic condition has been previously diagnosed but is not currently diagnosed for each patient in the population of patients at risk of having the chronic condition;
selecting, by the condition identification system, a sub-population of the population of patients based on a level of risk of having the chronic condition;
and initiating, by the condition identification system, an action directed to diagnosing the chronic condition for patients in the selected sub-population.
Independent Claim 8: A system comprising:
a processor;
and a memory coupled with and readable by the processor and storing therein a set of instructions which, when executed by the processor, causes the processor to manage and process a set of records in a database by:
maintaining, by a records management and processing system, a set of records in a database, each record of the set of records comprising an record of a healthcare service provided to a patient by a healthcare service provider of a plurality of healthcare service providers, wherein the electronic record is received by the records management and processing system from a system of the healthcare service provider;
reading, by a condition identification system, the set of records in the database;
identifying, by the condition identification system, a population of patients at risk of having a chronic condition based on records in the set of records associated with each patient in the population of patients, wherein the chronic condition has been previously diagnosed but is not currently diagnosed for each patient in the population of patients at risk of having the chronic condition;
selecting, by the condition identification system, a sub-population of the population of patients based on a level of risk of having the chronic condition;
and initiating, by the condition identification system, an action directed to diagnosing the chronic condition for patients in the selected sub-population.
Independent Claim 15: A non-transitory, computer-readable medium comprising a set of instructions stored therein which, when executed by a processor, causes the processor to manage and process a set of records in a database by:
maintaining, by a records management and processing system, a set of records in a database, each record of the set of records comprising an electronic record of a healthcare service provided to a patient by a healthcare service provider of a plurality of healthcare service providers, wherein the electronic record is received by the records management and processing system from a system of the healthcare service provider;
reading, by a condition identification system, the set of records in the database;
identifying, by the condition identification system, a population of patients at risk of having a chronic condition based on records in the set of records associated with each patient in the population of patients, wherein the chronic condition has been previously diagnosed but is not currently diagnosed for each patient in the population of patients at risk of having the chronic condition;
selecting, by the condition identification system, a sub-population of the population of patients based on a level of risk of having the chronic condition;
and initiating, by the condition identification system, an action directed to diagnosing the chronic condition for patients in the selected sub-population.
(Examiner notes: The above claim terms underlined are additional elements that fall under Step 2A - Prong Two analysis section detailed below)
These steps amount to methods of organizing human activity which includes functions relating to interpersonal and intrapersonal activities, such as managing relationships or transactions between people, social activities, and human behavior; satisfying or avoiding a legal obligation; advertising, marketing, and sales activities or behaviors; and managing human mental activity (MPEP § 2106.04(a)(2)(II)(C) citing the abstract idea grouping for methods of organizing human activity for managing personal behavior or relationships or interactions between people). Therefore, maintaining a set of records, reading the set of records, identifying a population of patients at risk of having a chronic condition based on the records, selecting a sub-population of the population based on a level of risk of having the chronic condition, initiating an action directed to diagnosing the chronic condition for patients in the selected sub-population are directed to managing personal interactions or personal behavior.
The dependent claims 2, 9, and 16 are directed to obtaining a risk adjustment factor scores for each patient associated with one or more records in the set of records, ordering each patient associated with one or more records in the set of records in a rank order based on the risk adjustment factor score gap, identifying concentrations of patients in the rank order.
The dependent claims 3, 10, and 17 are directed to selecting the sub-population of the population of patients is further based on one or more identified concentrations of patients in the rank order.
The dependent claims 4, 11, and 18 are directed to analyzing database records to identify risk of conditions suggested by the records is performed for a selected healthcare service provider of the plurality of healthcare service providers.
The dependent claims 5, 12, and 19 are directed to analyzing database records to identify risk of conditions suggested by the records is performed for individual departments of the selected healthcare service provider.
The dependent claims 6, 13, and 20 are directed to initiating the action directed to diagnosing the chronic condition for patients in the selected sub-population comprises providing information related to the level of risk of having the chronic condition for the selected sub-population to one or more healthcare service providers of the plurality of healthcare services providers.
The dependent claims 7 and 14 are directed to initiating the action directed to diagnosing the chronic condition for patients in the selected sub-population comprises initiating scheduling of an appointment for each patient of the selected sub-population with one or more healthcare service providers of the plurality of healthcare services providers.
Each of these steps of the preceding dependent claims 2-7, 9-14, and 16-20 only serve to further limit or specify the features of independent claims 1, 8, and 15 accordingly, and hence are nonetheless directed towards fundamentally the same abstract idea as the independent claim and utilize the additional elements analyzed below in the expected manner.
As such, the Examiner concludes that the preceding claims recite an abstract idea (Step 2A – Prong One: YES).
Step 2A - Prong Two: In prong two of step 2A, an evaluation is made whether a claim recites any additional element, or combination of additional elements, that integrate the exception into a practical application of that exception. An “additional element” is an element that is recited in the claim in addition to (beyond) the judicial exception (i.e., an element/limitation that sets forth an abstract idea is not an additional element). The phrase “integration into a practical application” is defined as requiring an additional element or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that it is more than a drafting effort designed to monopolize the exception.
Claims 1, 8, and 15 recite the use of a records management and processing system, in this case to maintain a set of records. The claims also recite the use of a database and a system of the healthcare service provider. The records management and processing system, database, and a system of the healthcare service provider are only recited as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
Claims 1, 2, 8, 9, 15, and 16 recite the use of a condition identification system, in this case to reading the set of records, identifying a population of patients at risk of having a chronic condition based on the records, wherein the chronic condition has been previously diagnosed but is not currently diagnosed for each patient in the population of patients at risk of having the chronic condition, selecting a sub-population of the population of patients based on a level of risk having the chronic condition, initiating an action directed to diagnosing the chronic condition for patients in the selected sub-population, obtaining a risk adjustment factor scores for each patient associated with one or more records, ordering each patient in rank order based on the risk adjustment factor score gap, identifying concentrations of patients in the rank order, only recites the condition identification system as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
Claims 8 and 15 recite the use of a processor, only as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
Claim 8 recites the use of a memory coupled with and readable by the processor and storing therein a set of instructions which, when executed by the processor, only as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
Claim 15 recite the use of a non-transitory, computer-readable medium comprising a set of instructions stored therein which, when executed by a processor, only as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
The Examiner has therefore determined that the additional elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claim(s) is/are directed to an abstract idea (Step 2A – Prong two: NO).
Step 2B: In step 2B, the claims are analyzed to determine whether any additional element, or combination of additional elements, is/are sufficient to ensure that the claims amount to significantly more than the judicial exception.
As discussed above in “Step 2A – Prong 2”, the identified additional elements, such as the record management and processing system, database, system of the healthcare service provider, condition identification system, processor, memory, and a non-transitory, computer-readable medium in independent claims 1, 8, and 15 and dependent claims 2-7, 9-14, and 16-20 are equivalent to adding the words “apply it” on a generic computer. Each of these elements is only recited as a tool for performing steps of the abstract idea, such as the use of the computer and data processing devices to apply the algorithm. These additional elements therefore only amount to mere instructions to perform the abstract idea using a computer and are not sufficient to amount to significantly more than the abstract idea (MPEP 2016.05(f) see for additional guidance on the “mere instructions to apply an exception”). Each additional element under Step 2A, Prong 2 is analyzed in light of the specification’s explanation of the additional element’s structure. The claimed invention’s additional elements are directed to generic computer component and functions being used to perform the abstract idea.
Applicant’s own disclosure in paragraphs [0015] and [0019] acknowledges that the “term “computer-readable medium” as used herein refers to any tangible storage and/or transmission medium that participate in providing instructions to a processor for execution. Such a medium may take many forms, including but not limited to, non-volatile media, volatile media, and transmission media. Non-volatile media includes, for example, NVRAM, or magnetic or optical disks. Volatile media includes dynamic memory, such as main memory. Common forms of computer-readable media include, for example, a floppy disk, a flexible disk, hard disk, magnetic tape, or any other magnetic medium, magneto-optical medium, a CD-ROM, any other optical medium, punch cards, paper tape, any other physical medium with patterns of holes, a RAM, a PROM, and EPROM, a FLASH-EPROM, a solid state medium like a memory card, any other memory chip or cartridge, a carrier wave as described hereinafter, or any other medium from which a computer can read. A digital file attachment to e-mail or other self-contained information archive or set of archives is considered a distribution medium equivalent to a tangible storage medium. When the computer-readable media is configured as a database, it is to be understood that the database may be any type of database, such as relational, hierarchical, object-oriented, and/or the like. Accordingly, the disclosure is considered to include a tangible storage medium or distribution medium and prior art-recognized equivalents and successor media, in which the software implementations of the present disclosure are stored…and… Aspects of the present disclosure may take the form of an entirely hardware embodiment, an entirely software embodiment (including firmware, resident software, micro-code, etc.) or an embodiment combining software and hardware aspects that may all generally be referred to herein as a “circuit,” “module” or “system.” Any combination of one or more computer readable medium(s) may be utilized. The computer readable medium may be a computer readable signal medium or a computer readable storage medium”. Also, the disclosure acknowledges in paragraph [0021] “Examples of the processors as described herein may include, but are not limited to, at least one of Qualcomm® Snapdragon® 800 and 801, Qualcomm® Snapdragon® 610 and 615 with 4G LTE Integration and 64-bit computing, Apple® A7 processor with 64-bit architecture, Apple® M7 motion coprocessors, Samsung® Exynos® series, the Intel® Core™ family of processors, the Intel® Xeon® family of processors, the Intel® Atom™ family of processors, the Intel Itanium® family of processors, Intel® Core® i5-4670K and i7-4770K 22nm Haswell, Intel® Core® i5-3570K 22nm Ivy Bridge, the AMD® FX™ family of processors, AMD® FX-4300, FX-6300, and FX-8350 32nm Vishera, AMD® Kaveri processors, Texas Instruments® Jacinto C6000™ automotive infotainment processors, Texas Instruments® OMAP™ automotive-grade mobile processors, ARM® Cortex™-M processors, ARM® Cortex-A and ARM926EJ-S™ processors, other industry-equivalent processors, and may perform computational functions using any known or future-developed standard, instruction set, libraries, and/or architecture”. Furthermore, paragraph [0037] discloses “a records management and processing system 305 which can comprise a server or other computing device as described above”. Additionally, the disclosure in paragraph [0052] acknowledges “the condition identification system 325 can comprise a condition identification module 505 that can read the set of records 405 in the database and, using a targeting model 510, identify a population of patients at risk of having an undiagnosed chronic condition based on records in the set of records associated with each patient in the population of patients”.
The Examiner has therefore determined that no additional element, or combination of additional claims elements is/are sufficient to ensure the claim(s) amount to significantly more than the abstract idea identified above (Step 2B: NO).
Therefore, claims 1-20 are not eligible subject matter under 35 USC 101.
Claim Rejections - 35 USC § 103
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.
Claims 1-5, 8-12, and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kartoun et al. (US-20190189253-A1)[hereinafter Kartoun], in view of OLEYNIK (US-20150161331-A1)[hereinafter Oleynik], in view of Schmidt (US-20180075207-A1)[hereinafter Schmidt].
As per Claim 1, Kartoun discloses a method for analyzing database records to identify risk of conditions suggested by the records in paragraphs [0038] and [0071] and [0086] and [0113] (a method for analyzing patient EMRs, wherein the patient EMRs are stored in the patient EMRs database, to identify risk of medical conditions suggested by the patient EMRs), the method comprising: maintaining, by a records management and processing system, a set of records in a database, each record of the set of records comprising an electronic record of a healthcare service provided to a patient by a healthcare service provider of a plurality of healthcare service providers in paragraphs [0021] and [0113] (maintaining, by the healthcare cognitive system (synonymous to a record management and processing system), a large set of patient EMRs in the patient EMRs database, each patient EMR of the large set of patient EMRs including a record of healthcare service provided to a patient by a variety of sources (synonymous to a healthcare service provider of a plurality of healthcare service providers), wherein the sources include hospitals, laboratories, physicians' offices, and pharmacies), wherein the electronic record is received by the records management and processing system from a system of the healthcare service provider in paragraphs [0108] and [0111-0113] (the EMR is received by the healthcare cognitive system from a user computing device (synonymous to a system of the healthcare service provider)); reading, by a condition identification system, the set of records in the database in paragraphs [0021] and [0086] (parsing, by the medical condition verification system (synonymous to the condition identification system), the large set of patient EMRs (Examiner notes that parsing the EMRs indicates that the system is reading the records)); identifying, by the condition identification system, a population of patients at risk of having a chronic condition based on records in the set of records associated with each patient in the population of patients in paragraphs [0082] and [0091] and [0093] (identifying, by the medical condition verification system, a group of patients at risk of a medical condition based on the patient EMR in the large set of patient EMRs associated with each patient in the group of patients, wherein the medical condition has been previously diagnosed but is not currently diagnosed for each patient in the group of patients at risk of the medical condition); and initiating, by the condition identification system, an action directed to diagnosing the chronic condition for patients in paragraphs [0080] and [0091] (performing, by the medical condition verification system, decision support cognitive operations (synonymous to an action) directed to diagnosing the medical condition for patients).
Kartoun discloses the chronic condition that is not currently diagnosed but does not disclose the chronic condition being previously diagnosed. However, Oleynik discloses wherein the chronic condition has been previously diagnosed but is not currently diagnosed for each patient in the population of patients at risk of having the chronic condition in paragraphs [0063-0064] and [0069-0070] (the condition has been previously diagnosed but is not currently diagnosed for each patient in the large volume of patients at risk of having the condition (Examiner notes that assessing the risk of the recurrence of cancer indicates that cancer (synonymous to a chronic condition) was previously diagnosed but is not currently diagnosed).
It would have been obvious to one of ordinary still in the art to include in the method for analyzing database records to identify risk of conditions suggested by the records, the method including maintaining a set of records, reading the set of records, identifying a population of patients at risk of having a chronic condition based on records in the set of records associated with each patient in the population of patients, wherein the chronic condition is not currently diagnosed, and initiating an action directed to diagnosing the chronic condition of Kartoun with the chronic condition being previously diagnosed but is currently not diagnosed for the patients at risk of having the chronic condition as taught by Oleynik since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately. One of ordinary skill in the art would have recognized that the results of the combination were predictably a method for analyzing database records to identify risk of conditions suggested by the records, the method including maintaining a set of records, reading the set of records, identifying a population of patients at risk of having a chronic condition based on records in the set of records associated with each patient in the population of patients, wherein the chronic condition has previously diagnosed but is not currently diagnosed for the patients at risk of having the chronic condition, and initiating an action directed to diagnosing the chronic condition.
The combination of Kartoun and Oleynik discloses initiating an action directed to diagnosing the chronic condition for patients but does not disclose initiating the action for patient in a selected sub-population. Additionally, the combination of Kartoun and Oleynik do not disclose selecting a sub-population of patient based on a level of risk of having the chronic condition. However, Schmidt discloses selecting, by the condition identification system, a sub-population of the population of patients based on a level of risk of having the chronic condition in paragraphs [0030] and [0187] and [0189] (selecting, by a patient risk stratification system, a number of patients in the high risk level of having a chronic disease (Examiner notes that the population of patients are stratified into sub-categories based on their risk levels indicating sub-populations, wherein the risk levels include high risk, medium risk, and low risk)); and initiating, by the condition identification system, an action directed to diagnosing the chronic condition for patients in the selected sub-population in paragraphs [0036] and [0189] (enrolling, by the patient risk stratification system, high-risk patients into a disease prevention program (Examiner notes that enrolling high risk patients into a disease prevention program is an action towards diagnosing the chronic condition in the selected sub-population)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a method for analyzing database records to identify risk of conditions suggested by the records, as disclosed by Kartoun and Oleynik, to be combined with selecting a sub-population of the population of patients based on a level of risk of having the condition and initiating an action directed to diagnosing the chronic condition for patients in the selected sub-population, as disclosed by Schmidt, for the purpose of improving population health [0004-0008].
As per Claim 2, Kartoun, Oleynik, and Schmidt disclose the method of claim 1.
Kartoun and Oleynik do not disclose the following limitations. However, Schmidt discloses wherein identifying the population of patients at risk of having the chronic condition comprises: obtaining, by the condition identification system, a risk adjustment factor scores for each patient associated with one or more records in the set of records in paragraphs [0031] and [0039-0040] and [0042] and [0053] (obtaining, by the patient risk stratification system, a wellness score (synonymous to a risk adjustment factor score), wherein the wellness score is associated to the risk level of the condition, for each patient associated with a medical record in the medical records database (Examiner notes that a medical records database indicates a set of records)); ordering, by the condition identification system, each patient associated with one or more records in the set of records in a rank order based on the risk adjustment factor score gap in paragraphs [0031] and [0037] and [0042] (classifying, by the patient risk stratification system, each patient associated with a medical record in the medical records database into a hierarchy (synonymous to a rank order) based on the risk levels (synonymous to the risk adjustment factor score gap)); and identifying, by the condition identification system, concentrations of patients in the rank order in paragraphs [0037] and [0059] and [0187] and [0189] (calculating, by the patient risk stratification system, the number of patients in the high risk level of the hierarchy (synonymous to concentrations of patients in the rank order)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a method for analyzing database records to identify risk of conditions suggested by the records, as disclosed by Kartoun and Oleynik, to be combined with obtaining a risk adjustment factor scores for each patient associated with one or more records in the set of records, ordering each patient in a rank order based on the risk adjustment factor score gap, and identifying concentrations of patients in the rank order, as disclosed by Schmidt, for the purpose of improving population health [0004-0008].
As per Claim 3, Kartoun, Oleynik, and Schmidt disclose the method of claim 2.
Kartoun and Oleynik do not disclose the following limitations. However, Schmidt discloses wherein selecting the sub-population of the population of patients is further based on one or more identified concentrations of patients in the rank order in paragraphs [0037] and [0189] (prioritizing the patients in the high risk level based on the number of patients in the high risk level of the hierarchy (Examiner notes that the patients in high risk level are prioritized or selected first for enrollment in a disease prevention program based on if the supply of the disease prevention programs are greater than the number of patients in the higher risk level of the hierarchy)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a method for analyzing database records to identify risk of conditions suggested by the records, as disclosed by Kartoun and Oleynik, to be combined with selecting the sub-population based on one or more identified concentrations of patients in the rank order, as disclosed by Schmidt, for the purpose of improving population health [0004-0008].
As per Claim 4, Kartoun, Oleynik, and Schmidt disclose the method of claim 1, Kartoun also discloses wherein analyzing database records to identify risk of conditions suggested by the records is performed for a selected healthcare service provider of the plurality of healthcare service providers in paragraphs [0035] and [0071] and [0085-0086] and [0113] and [0116] (analyzing patient EMRs to identify risk of medical conditions suggested by the patient EMRs is performed for a physician (synonymous to a selected healthcare service provider of the plurality of healthcare service providers)).
As per Claim 5, Kartoun, Oleynik, and Schmidt disclose the method of claim 4.
Kartoun and Oleynik do not disclose the following limitations. However, Schmidt discloses wherein analyzing database records to identify risk of conditions suggested by the records is performed for individual departments of the selected healthcare service provider in paragraphs [0030-0032] and [0039-0042] and [0095] and [0105] (analyzing medical records in the medical record database to identify risk of chronic disease suggested by the medical records is performed for the health coaches, physicians, and integrators (synonymous to individual departments) of the disease prevention program provider (synonymous to the selected healthcare service provider)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a method for analyzing database records to identify risk of conditions suggested by the records, as disclosed by Kartoun and Oleynik, to be combined with analyzing database records to identify risk of conditions suggested by the records is performed for individual departments of the selected healthcare service provider, as disclosed by Schmidt, for the purpose of improving population health [0004-0008].
As per Claim 8, Kartoun discloses a system in paragraph [0038] (a system) comprising: a processor in paragraphs [0038] (a processor); and a memory coupled with and readable by the processor and storing therein a set of instructions which, when executed by the processor, causes the processor to manage and process a set of records in a database by in paragraphs [0007] and [0038] and [0071] and [0086] and [0113] (a memory coupled with and readable by the processor storing instructions, executed by a processor, causing the processor to carry out managing and processing patient EMRs, wherein the patient EMRs are stored in the patient EMRs database): maintaining, by a records management and processing system, a set of records in a database, each record of the set of records comprising an record of a healthcare service provided to a patient by a healthcare service provider of a plurality of healthcare service providers in paragraphs [0021] and [0113] (maintaining, by the healthcare cognitive system (synonymous to a record management and processing system), a large set of patient EMRs in the patient EMRs database, each patient EMR of the large set of patient EMRs including a record of healthcare service provided to a patient by a variety of sources (synonymous to a healthcare service provider of a plurality of healthcare service providers), wherein the sources include hospitals, laboratories, physicians' offices, and pharmacies), wherein the electronic record is received by the records management and processing system from a system of the healthcare service provider in paragraphs [0108] and [0111-0113] (the EMR is received by the healthcare cognitive system from a user computing device (synonymous to a system of the healthcare service provider)); reading, by a condition identification system, the set of records in the database in paragraphs [0021] and [0086] (parsing, by the medical condition verification system (synonymous to the condition identification system), the large set of patient EMRs (Examiner notes that parsing the EMRs indicates that the system is reading the records)); identifying, by the condition identification system, a population of patients at risk of having a chronic condition based on records in the set of records associated with each patient in the population of patients in paragraphs [0082] and [0091] and [0093] (identifying, by the medical condition verification system, a group of patients at risk of a medical condition based on the patient EMR in the large set of patient EMRs associated with each patient in the group of patients, wherein the medical condition has been previously diagnosed but is not currently diagnosed for each patient in the group of patients at risk of the medical condition); and initiating, by the condition identification system, an action directed to diagnosing the chronic condition for patients in paragraphs [0080] and [0091] (performing, by the medical condition verification system, decision support cognitive operations (synonymous to an action) directed to diagnosing the medical condition for patients).
Kartoun discloses the chronic condition that is not currently diagnosed but does not disclose the chronic condition being previously diagnosed. However, Oleynik discloses wherein the chronic condition has been previously diagnosed but is not currently diagnosed for each patient in the population of patients at risk of having the chronic condition in paragraphs [0063-0064] and [0069-0070] (the condition has been previously diagnosed but is not currently diagnosed for each patient in the large volume of patients at risk of having the condition (Examiner notes that assessing the risk of the recurrence of cancer indicates that cancer (synonymous to a chronic condition) was previously diagnosed but is not currently diagnosed).
It would have been obvious to one of ordinary still in the art to include in the system for analyzing database records to identify risk of conditions suggested by the records including maintaining a set of records, reading the set of records, identifying a population of patients at risk of having a chronic condition based on records in the set of records associated with each patient in the population of patients, wherein the chronic condition is not currently diagnosed, and initiating an action directed to diagnosing the chronic condition of Kartoun with the chronic condition being previously diagnosed but is currently not diagnosed for the patients at risk of having the chronic condition as taught by Oleynik since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately. One of ordinary skill in the art would have recognized that the results of the combination were predictably a method for analyzing database records to identify risk of conditions suggested by the records, the method including maintaining a set of records, reading the set of records, identifying a population of patients at risk of having a chronic condition based on records in the set of records associated with each patient in the population of patients, wherein the chronic condition has previously diagnosed but is not currently diagnosed for the patients at risk of having the chronic condition, and initiating an action directed to diagnosing the chronic condition.
The combination of Kartoun and Oleynik discloses initiating an action directed to diagnosing the chronic condition for patients but does not disclose initiating the action for patient in a selected sub-population. Additionally, the combination of Kartoun and Oleynik do not disclose selecting a sub-population of patient based on a level of risk of having the chronic condition. However, Schmidt discloses selecting, by the condition identification system, a sub-population of the population of patients based on a level of risk of having the chronic condition in paragraphs [0030] and [0187] and [0189] (selecting, by a patient risk stratification system, a number of patients in the high risk level of having a chronic disease (Examiner notes that the population of patients are stratified into sub-categories based on their risk levels indicating sub-populations, wherein the risk levels include high risk, medium risk, and low risk)); and initiating, by the condition identification system, an action directed to diagnosing the chronic condition for patients in the selected sub-population in paragraphs [0036] and [0189] (enrolling, by the patient risk stratification system, high-risk patients into a disease prevention program (Examiner notes that enrolling high risk patients into a disease prevention program is an action towards diagnosing the chronic condition in the selected sub-population)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a system for analyzing database records to identify risk of conditions suggested by the records, as disclosed by Kartoun and Oleynik, to be combined with selecting a sub-population of the population of patients based on a level of risk of having the condition and initiating an action directed to diagnosing the chronic condition for patients in the selected sub-population, as disclosed by Schmidt, for the purpose of improving population health [0004-0008].
As per Claim 9, Kartoun, Oleynik, and Schmidt disclose the system of claim 8.
Kartoun and Oleynik do not disclose the following limitations. However, Schmidt discloses wherein identifying the population of patients at risk of having the chronic condition comprises: obtaining, by the condition identification system, a risk adjustment factor scores for each patient associated with one or more records in the set of records in paragraphs [0031] and [0039-0040] and [0042] and [0053] (obtaining, by the patient risk stratification system, a wellness score (synonymous to a risk adjustment factor score), wherein the wellness score is associated to the risk level of the condition, for each patient associated with a medical record in the medical records database (Examiner notes that a medical records database indicates a set of records)); ordering, by the condition identification system, each patient associated with one or more records in the set of records in a rank order based on the risk adjustment factor score gap in paragraphs [0031] and [0037] and [0042] (classifying, by the patient risk stratification system, each patient associated with a medical record in the medical records database into a hierarchy (synonymous to a rank order) based on the risk levels (synonymous to the risk adjustment factor score gap)); and identifying, by the condition identification system, concentrations of patients in the rank order in paragraphs [0037] and [0059] and [0187] and [0189] (calculating, by the patient risk stratification system, the number of patients in the high risk level of the hierarchy).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a system for analyzing database records to identify risk of conditions suggested by the records, as disclosed by Kartoun and Oleynik, to be combined with obtaining a risk adjustment factor scores for each patient associated with one or more records in the set of records, ordering each patient in a rank order based on the risk adjustment factor score gap, and identifying concentrations of patients in the rank order, as disclosed by Schmidt, for the purpose of improving population health [0004-0008].
As per Claim 10, Kartoun, Oleynik, and Schmidt disclose the system of claim 9.
Kartoun and Oleynik do not disclose the following limitations. However, Schmidt discloses wherein selecting the sub-population of the population of patients is further based on one or more identified concentrations of patients in the rank order in paragraphs [0037] and [0189] (prioritizing the patients in the high risk level based on the number of patients in the high risk level of the hierarchy (Examiner notes that the patients in high risk level are prioritized or selected first for enrollment in a disease prevention program based on if the supply of the disease prevention programs are greater than the number of patients in the higher risk level of the hierarchy)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a system for analyzing database records to identify risk of conditions suggested by the records, as disclosed by Kartoun and Oleynik, to be combined with selecting the sub-population based on one or more identified concentrations of patients in the rank order, as disclosed by Schmidt, for the purpose of improving population health [0004-0008].
As per Claim 11, Kartoun, Oleynik, and Schmidt disclose the system of claim 8, Kartoun also discloses wherein analyzing database records to identify risk of conditions suggested by the records is performed for a selected healthcare service provider of the plurality of healthcare service providers in paragraphs [0035] and [0071] and [0085-0086] and [0113] and [0116] (analyzing patient EMRs to identify risk of medical conditions suggested by the patient EMRs is performed for a physician (synonymous to a selected healthcare service provider of the plurality of healthcare service providers)).
As per Claim 12, Kartoun, Oleynik, and Schmidt disclose the system of claim 11.
Kartoun and Oleynik do not disclose the following limitations. However, Schmidt discloses wherein analyzing database records to identify risk of conditions suggested by the records is performed for individual departments of the selected healthcare service provider in paragraphs [0030-0032] and [0039-0042] and [0095] and [0105] (analyzing medical records in the medical record database to identify risk of chronic disease suggested by the medical records is performed for the health coaches, physicians, and integrators (synonymous to individual departments) of the disease prevention program provider (synonymous to the selected healthcare service provider)).
As per Claim 15, Kartoun discloses a non-transitory, computer-readable medium comprising a set of instructions stored therein which, when executed by a processor, causes the processor to manage and process a set of records in a database in paragraphs [0038-0039] and [0071] and [0086] and [0113] (a computer readable storage medium including instructions, executed by a processor, causing the processor to carry out managing and processing patient EMRs, wherein the patient EMRs are stored in the patient EMRs database) by: maintaining, by a records management and processing system, a set of records in a database, each record of the set of records comprising an electronic record of a healthcare service provided to a patient by a healthcare service provider of a plurality of healthcare service providers in paragraphs [0021] and [0113] (maintaining, by the healthcare cognitive system (synonymous to a record management and processing system), a large set of patient EMRs in the patient EMRs database, each patient EMR of the large set of patient EMRs including a record of healthcare service provided to a patient by a variety of sources (synonymous to a healthcare service provider of a plurality of healthcare service providers), wherein the sources include hospitals, laboratories, physicians' offices, and pharmacies), wherein the electronic record is received by the records management and processing system from a system of the healthcare service provider in paragraphs [0108] and [0111-0113] (the EMR is received by the healthcare cognitive system from a user computing device (synonymous to a system of the healthcare service provider)); reading, by a condition identification system, the set of records in the database in paragraphs [0021] and [0086] (parsing, by the medical condition verification system (synonymous to the condition identification system), the large set of patient EMRs (Examiner notes that parsing the EMRs indicates that the system is reading the records)); identifying, by the condition identification system, a population of patients at risk of having a chronic condition based on records in the set of records associated with each patient in the population of patients in paragraphs [0082] and [0091] and [0093] (identifying, by the medical condition verification system, a group of patients at risk of a medical condition based on the patient EMR in the large set of patient EMRs associated with each patient in the group of patients, wherein the medical condition has been previously diagnosed but is not currently diagnosed for each patient in the group of patients at risk of the medical condition); and initiating, by the condition identification system, an action directed to diagnosing the chronic condition for patients in paragraphs [0080] and [0091] (performing, by the medical condition verification system, decision support cognitive operations (synonymous to an action) directed to diagnosing the medical condition for patients).
Kartoun discloses the chronic condition that is not currently diagnosed but does not disclose the chronic condition being previously diagnosed. However, Oleynik discloses wherein the chronic condition hasin paragraphs [0063-0064] and [0069-0070] (the condition has been previously diagnosed but is not currently diagnosed for each patient in the large volume of patients at risk of having the condition (Examiner notes that assessing the risk of the recurrence of cancer indicates that cancer (synonymous to a chronic condition) was previously diagnosed but is not currently diagnosed).
It would have been obvious to one of ordinary still in the art to include in the non-transitory computer-readable medium for analyzing database records to identify risk of conditions suggested by the records including maintaining a set of records, reading the set of records, identifying a population of patients at risk of having a chronic condition based on records in the set of records associated with each patient in the population of patients, wherein the chronic condition is not currently diagnosed, and initiating an action directed to diagnosing the chronic condition of Kartoun with the chronic condition being previously diagnosed but is currently not diagnosed for the patients at risk of having the chronic condition as taught by Oleynik since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately. One of ordinary skill in the art would have recognized that the results of the combination were predictably a method for analyzing database records to identify risk of conditions suggested by the records, the method including maintaining a set of records, reading the set of records, identifying a population of patients at risk of having a chronic condition based on records in the set of records associated with each patient in the population of patients, wherein the chronic condition has previously diagnosed but is not currently diagnosed for the patients at risk of having the chronic condition, and initiating an action directed to diagnosing the chronic condition.
The combination of Kartoun and Oleynik discloses initiating an action directed to diagnosing the chronic condition for patients but does not disclose initiating the action for patient in a selected sub-population. Additionally, the combination of Kartoun and Oleynik do not disclose selecting a sub-population of patient based on a level of risk of having the chronic condition. However, Schmidt discloses selecting, by the condition identification system, a sub-population of the population of patients based on a level of risk of having the chronic condition in paragraphs [0030] and [0187] and [0189] (selecting, by a patient risk stratification system, a number of patients in the high risk level of having a chronic disease (Examiner notes that the population of patients are stratified into sub-categories based on their risk levels indicating sub-populations, wherein the risk levels include high risk, medium risk, and low risk)); and initiating, by the condition identification system, an action directed to diagnosing the chronic condition for patients in the selected sub-population in paragraphs [0036] and [0189] (enrolling, by the patient risk stratification system, high-risk patients into a disease prevention program (Examiner notes that enrolling high risk patients into a disease prevention program is an action towards diagnosing the chronic condition in the selected sub-population)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a non-transitory computer-readable medium for analyzing database records to identify risk of conditions suggested by the records, as disclosed by Kartoun and Oleynik, to be combined with selecting a sub-population of the population of patients based on a level of risk of having the condition and initiating an action directed to diagnosing the chronic condition for patients in the selected sub-population, as disclosed by Schmidt, for the purpose of improving population health [0004-0008].
As per Claim 16, Kartoun, Oleynik, and Schmidt disclose the non-transitory, computer-readable medium of claim 15.
Kartoun and Oleynik do not disclose the following limitations. However, Schmidt discloses wherein identifying the population of patients at risk of having the chronic condition comprises: obtaining, by the condition identification system, risk adjustment factor scores for each patient associated with one or more records in the set of records in paragraphs [0031] and [0039-0040] and [0042] and [0053] (obtaining, by the patient risk stratification system, a wellness score (synonymous to a risk adjustment factor score), wherein the wellness score is associated to the risk level of the condition, for each patient associated with a medical record in the medical records database (Examiner notes that a medical records database indicates a set of records)); ordering, by the condition identification system, each patient associated with one or more records in the set of records in a rank order based on the risk adjustment factor score gap in paragraphs [0031] and [0037] and [0042] (classifying, by the patient risk stratification system, each patient associated with a medical record in the medical records database into a hierarchy (synonymous to a rank order) based on the risk levels (synonymous to the risk adjustment factor score gap)); and identifying, by the condition identification system, concentrations of patients in the rank order in paragraphs [0037] and [0059] and [0187] and [0189] (calculating, by the patient risk stratification system, the number of patients in the high risk level of the hierarchy).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a non-transitory computer-readable medium for analyzing database records to identify risk of conditions suggested by the records, as disclosed by Kartoun and Oleynik, to be combined with obtaining a risk adjustment factor scores for each patient associated with one or more records in the set of records, ordering each patient in a rank order based on the risk adjustment factor score gap, and identifying concentrations of patients in the rank order, as disclosed by Schmidt, for the purpose of improving population health [0004-0008].
As per Claim 17, Kartoun, Oleynik, and Schmidt disclose the non-transitory, computer-readable medium of claim 16.
Kartoun and Oleynik do not disclose the following limitations. However, Schmidt discloses wherein selecting the sub-population of the population of patients is further based on one or more identified concentrations of patients in the rank order in paragraphs [0037] and [0189] (prioritizing the patients in the high risk level based on the number of patients in the high risk level of the hierarchy (Examiner notes that the patients in high risk level are prioritized or selected first for enrollment in a disease prevention program based on if the supply of the disease prevention programs are greater than the number of patients in the higher risk level of the hierarchy)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a non-transitory computer-readable medium for analyzing database records to identify risk of conditions suggested by the records, as disclosed by Kartoun and Oleynik, to be combined with selecting the sub-population based on one or more identified concentrations of patients in the rank order, as disclosed by Schmidt, for the purpose of improving population health [0004-0008].
As per Claim 18, Kartoun, Oleynik, and Schmidt disclose the non-transitory, computer-readable medium of claim 15, Kartoun also discloses wherein analyzing database records to identify risk of conditions suggested by the records is performed for a selected healthcare service provider of the plurality of healthcare service providers in paragraphs [0035] and [0071] and [0085-0086] and [0113] and [0116] (analyzing patient EMRs to identify risk of medical conditions suggested by the patient EMRs is performed for a physician (synonymous to a selected healthcare service provider of the plurality of healthcare service providers)).
As per Claim 19, Kartoun, Oleynik, and Schmidt disclose the non-transitory, computer-readable medium of claim 18.
Kartoun and Oleynik do not disclose the following limitations. However, Schmidt discloses wherein analyzing database records to identify risk of conditions suggested by the records is performed for individual departments of the selected healthcare service provider in paragraphs [0030-0032] and [0039-0042] and [0095] and [0105] (analyzing medical records in the medical record database to identify risk of chronic disease suggested by the medical records is performed for the health coaches, physicians, and integrators (synonymous to individual departments) of the disease prevention program provider (synonymous to the selected healthcare service provider)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a non-transitory computer-readable medium for analyzing database records to identify risk of conditions suggested by the records, as disclosed by Kartoun and Oleynik, to be combined with analyzing database records to identify risk of conditions suggested by the records is performed for individual departments of the selected healthcare service provider, as disclosed by Schmidt, for the purpose of improving population health [0004-0008].
Claims 6-7, 13-14, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kartoun et al. (US-20190189253-A1)[hereinafter Kartoun], in view of OLEYNIK (US-20150161331-A1)[hereinafter Oleynik], in view of Schmidt (US-20180075207-A1)[hereinafter Schmidt].
As per Claim 6, Kartoun, Oleynik, and Schmidt disclose the method of claim 1, wherein initiating the action directed to diagnosing the chronic condition for patients in the selected sub-population comprises Kartoun also discloses providing information related to the level of risk of having the chronic condition to one or more healthcare service providers of the plurality of healthcare services providers in paragraphs [0032] and [0080] (providing the ranked listing of medical conditions, wherein the ranked listing of the medical conditions are ranked based on their risk score, for the group of patients to medical personnel (synonymous to one or more healthcare service providers of the plurality of healthcare services providers)).
Kartoun discloses providing information related to the level of risk of having the chronic condition to healthcare service providers of the plurality of healthcare service providers, but does not disclose the providing the information related to the level of risk of having chronic condition for the selected sub-population. However, Lo discloses providing information related to the level of risk of having the chronic condition for the selected sub- population to one or more healthcare service providers of the plurality of healthcare services providers in paragraphs [0023-0025] and [0037-0038] (providing a report including information related to symptoms showing potential interest of the chronic condition for the patient community (synonymous to the selected sub-population), referred to as the venerable patient population, to a medical professional, referred to as a physician (synonymous to one or more healthcare service providers of the plurality of healthcare service providers) (Examiner notes that symptoms showing potential interest in the chronic condition indicates a likelihood or risk of having the chronic condition)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a method for analyzing database records to identify risk of conditions suggested by the records, as disclosed by Kartoun, Oleynik, and Schmidt, to be combined with providing information related to the level of risk of having the chronic condition for the selected sub-population to the healthcare service providers of the plurality of healthcare services providers, as disclosed by Lo, for the purpose of improving treatment management of chronic conditions [0004].
As per Claim 7, Kartoun, Oleynik, and Schmidt disclose the method of claim 1, wherein initiating the action directed to diagnosing the chronic condition for patients in the selected sub-population.
Kartoun, Oleynik, and Schmidt do not disclose the following limitations. However, Lo discloses comprises initiating scheduling of an appointment for each patient of the selected sub-population with one or more healthcare service providers of the plurality of healthcare services providers in paragraphs [0038] (initiating scheduling of a physician follow-up (synonymous to an appointment) for each patient of the vulnerable patient population with a physician).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a method for analyzing database records to identify risk of conditions suggested by the records, as disclosed by Kartoun, Oleynik, and Schmidt, to be combined with initiating scheduling an appointment for each patient of the selected sub-population with the healthcare service providers of the plurality of healthcare services providers, as disclosed by Lo, for the purpose of improving treatment management of chronic conditions [0004].
As per Claim 13, Kartoun, Oleynik, and Schmidt disclose the system of claim 8, wherein initiating the action directed to diagnosing the chronic condition for patients in the selected sub-population comprises Kartoun also discloses providing information related to the level of risk of having the chronic condition to one or more healthcare service providers of the plurality of healthcare services providers in paragraphs [0032] and [0080] (providing the ranked listing of medical conditions, wherein the ranked listing of the medical conditions are ranked based on their risk score, for the group of patients to medical personnel (synonymous to one or more healthcare service providers of the plurality of healthcare services providers)).
Kartoun discloses providing information related to the level of risk of having the chronic condition to healthcare service providers of the plurality of healthcare service providers, but does not disclose the providing the information related to the level of risk of having chronic condition for the selected sub-population. However, Lo discloses providing information related to the level of risk of having the chronic condition for the selected sub- population to one or more healthcare service providers of the plurality of healthcare services providers in paragraphs [0023-0025] and [0037-0038] (providing a report including information related to symptoms showing potential interest of the chronic condition for the patient community (synonymous to the selected sub-population), referred to as the vulnerable patient population, to a medical professional, referred to as a physician (synonymous to one or more healthcare service providers of the plurality of healthcare service providers) (Examiner notes that symptoms showing potential interest in the chronic condition indicates a likelihood or risk of having the chronic condition)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a system for analyzing database records to identify risk of conditions suggested by the records, as disclosed by Kartoun, Oleynik, and Schmidt, to be combined with providing information related to the level of risk of having the chronic condition for the selected sub-population to the healthcare service providers of the plurality of healthcare services providers, as disclosed by Lo, for the purpose of improving treatment management of chronic conditions [0004].
As per Claim 14, Kartoun, Oleynik, and Schmidt disclose the system of claim 8, wherein initiating the action directed to diagnosing the chronic condition for patients in the selected sub-population.
Kartoun, Oleynik, and Schmidt do not disclose the following limitations. However, Lo disclose comprises initiating scheduling of an appointment for each patient of the selected sub-population with one or more healthcare service providers of the plurality of healthcare services providers in paragraphs [0038] (initiating scheduling of a physician follow-up (synonymous to an appointment) for each patient of the vulnerable patient population with a physician).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a system for analyzing database records to identify risk of conditions suggested by the records, as disclosed by Kartoun, Oleynik, and Schmidt, to be combined with initiating scheduling an appointment for each patient of the selected sub-population with the healthcare service providers of the plurality of healthcare services providers, as disclosed by Lo, for the purpose of improving treatment management of chronic conditions [0004].
As per Claim 20, Kartoun, Oleynik, and Schmidt disclose the non-transitory, computer-readable medium of claim 15, wherein initiating the action directed to diagnosing the chronic condition for patients in the selected sub- population Kartoun also discloses comprises providing information related to the level of risk of having the chronic condition to one or more healthcare service providers of the plurality of healthcare services providers in paragraphs [0032] and [0080] (providing the ranked listing of medical conditions, wherein the ranked listing of the medical conditions are ranked based on their risk score, for the group of patients to medical personnel (synonymous to one or more healthcare service providers of the plurality of healthcare services providers)).
Kartoun discloses providing information related to the level of risk of having the chronic condition to healthcare service providers of the plurality of healthcare service providers, but does not disclose the providing the information related to the level of risk of having chronic condition for the selected sub-population. However, Lo discloses providing information related to the level of risk of having the chronic condition for the selected sub-population to one or more healthcare service providers of the plurality of healthcare services providers in paragraphs [0023-0025] and [0037-0038] (providing a report including information related to symptoms showing potential interest of the chronic condition for the patient community (synonymous to the selected sub-population), referred to as the vulnerable patient population, to a medical professional, referred to as a physician (synonymous to one or more healthcare service providers of the plurality of healthcare service providers) (Examiner notes that symptoms showing potential interest in the chronic condition indicates a likelihood or risk of having the chronic condition)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a non-transitory, computer-readable medium for analyzing database records to identify risk of conditions suggested by the records, as disclosed by Kartoun, Oleynik, and Schmidt, to be combined with providing information related to the level of risk of having the chronic condition for the selected sub-population to the healthcare service providers of the plurality of healthcare services providers, as disclosed by Lo, for the purpose of improving treatment management of chronic conditions [0004].
Response to Arguments
Applicant's arguments, see Page 8, “Rejection Under 35 U.S.C. §101”, filed 04/06/2026 with respect to claims 1-20 have been fully considered but they are not persuasive.
Applicant argues that the amended claims are not directed to an abstract idea. Examiner respectfully disagrees. The amended claim limitations are directed to analyzing database records. The limitations merely recite maintaining a set of records, reading the set of records, identifying a population of patients at risk of having a chronic condition based on the records, selecting a sub-population of the population based on a level of risk of having the chronic condition, initiating an action directed to diagnosing the chronic condition for patients in the selected sub-population, which are activities performed by medical staff, which falls into the abstract grouping of certain methods of organizing human activity because it is the business relations of medical staff and patients. Additionally, the claim limitations involve managing personal behaviors or interactions between people. Furthermore, the claims do not recite an improvement to the technology. An improvement to the abstract ideas of maintaining a set of records, reading the set of records, identifying a population of patients at risk of having a chronic condition based on the records, selecting a sub-population of the population based on a level of risk of having the chronic condition, initiating an action directed to diagnosing the chronic condition for patients in the selected sub-population does not amount to an improvement to technology or a technical field (see MPEP § 2106.05(a)(II) stating “it is important to keep in mind that an improvement in the abstract idea itself (e.g. a recited fundamental economic concept) is not an improvement in technology."). The courts indicated in TLI Communications, 823 F.3d at 612-13, 118 USPQ2d at 1747-48, that gathering and analyzing information using conventional techniques and providing the output is not sufficient to show an improvement to technology. The claim language and instant application fails to provide details regarding how a computer aids the method, the extent to which the computer aids the method, or the significance of a computer to the performance of the method. Here, the improvement is to maintaining a set of records, reading the set of records, identifying a population of patients at risk of having a chronic condition based on the records, selecting a sub-population of the population based on a level of risk of having the chronic condition, initiating an action directed to diagnosing the chronic condition for patients in the selected sub-population. There is no indication in the disclosure that the involvement of a computer assists in improving the technology for the outlined problem statement. Merely adding generic computer components to perform the method is not sufficient. Moreover, the claims are not directed to something “significantly more than the abstract idea itself. Therefore, the use of the record management and processing system, database, system of the healthcare service provider, condition identification system, processor, memory, and a non-transitory, computer-readable medium to carry out the steps of the abstract idea is merely applying the abstract idea to general purpose computer components which amounts to mere instructions to apply the exceptions, see MPEP 2106.05(f)(2). The courts indicated in Alice Corp., 573 U.S. at 225-26, 110 USPQ2d at 1984, that “a limitation indicating that a particular function such as creating and maintaining electronic records is performed by a computer” is not enough to qualify as significantly more. As a result, the amended claims are directed to an abstract idea without significantly more.
Applicant’s arguments, see Pages 8-10, “Rejection Under 35 U.S.C. §103”, filed 04/06/2026 with respect to claims 1-20 have been fully considered. With regards to Claims 1-5, 8-12, and 15-19, Applicant Argues that Kartoun and Schmidt do not teach or suggest the amended limitations. Examiner finds this persuasive. Therefore, the rejection of 11/06/2025 has been withdrawn. However, upon further consideration a new grounds of rejection is made over Kartoun, in view of Oleynik, and in view of Schmidt. Applicant argues that a prima facie case of obviousness is not properly established for the combination of references. Examiner respectfully disagrees. Kartoun discloses in [0071], [0082], [0086], and [0113] the process of analyzing database records to identify risk of medical condition including maintaining a set of records in a database, reading the set of records in the database, identifying a population of patient at risk of having a chronic condition that is not currently diagnosed, and initiating an action directed to the diagnosing the chronic condition. Oleynik discloses in [0063-0064] and [0069-0070] the concept of the chronic condition having been previously diagnosed but is not currently diagnosed for a population of patients at risk of having the condition. Schmidt discloses in [0187] and [0189] the process of selecting a sub-population of the population of patients based on a level of risk of having the chronic condition, and initiating an action directed to diagnosing the chronic condition for patients in the selected sub-population. It would have been obvious to one of ordinary still in the art to include in the process of analyzing database records to identify risk of medical condition including maintaining a set of records in a database, reading the set of records in the database, identifying a population of patient at risk of having a chronic condition that is not currently diagnosed, selecting a sub-population of the population of patients based on a level of risk of having the chronic condition, and initiating an action directed to diagnosing the chronic condition for patients in the selected sub-population of Kartoun and Schmidt with the chronic condition having been previously diagnosed but is not currently diagnosed for a population of patients at risk of having the condition as taught by Oleynik since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately. One of ordinary skill in the art would have recognized that the results of the combination were predictably a method, system, and non-transitory, computer-readable medium that analyzes database records to determine a risk for a condition for which a patient was previously diagnosed but is not currently diagnosed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
VanNess et al. (US-20220344020-A1) teaches a system and a method that analyzes patient data to determine an actionable care plan based on the identified condition.
Joe V. Selby et al. “Developing a Prediction Rule From Automated Clinical Databases to Identify High-Risk Patients in a Large Population With Diabetes” (2001) teaches on developing and validating a prediction rule for identifying diabetic patients at high short-term risk of complications using automated data in a large population.
THIS ACTION IS MADE FINAL. 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 KRYSTEN N WRIGHT whose telephone number is (571)272-5116. The examiner can normally be reached Monday thru Friday 8 - 5 pm, ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fonya Long can be reached on (571)270-5096. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/K.N.W./Examiner, Art Unit 3682
/FONYA M LONG/Supervisory Patent Examiner, Art Unit 3682
Prosecution Insights