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 .
A preliminary amendment has been received on 07/01/2025. Claims 1-20 remain pending in this 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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1:
Claims 1-7 are drawn to a non-transitory media which is within the four statutory categories (i.e. manufacture). Claims 8-14 are drawn to a system which is within the four statutory categories (i.e. machine). Claims 15-20 are drawn to a method which is within the four statutory categories (i.e. process).
Step 2A, Prong 1:
The independent claims, 1, 8 and 15 recite:
“selecting, via at least one processor of a set of hardware processors associated with one or both of a user device and an interface for a longitudinal plan system, a plan template from a plurality of plan templates associated with the longitudinal plan system, the plurality of plan templates searchable via the interface at the user device for a particular health concept that corresponds to a health concern, a social concern, a goal, and/or an activity associated with a patient, wherein a patient identifier corresponding to the patient is attached to or included in the plan template;
determining, via the set of hardware processors, that a code corresponding to a problem documented in an electronic medical record (EMR) of the patient is contained in a concept code for a health concern identified by the particular health concept, wherein:
based on the code being contained in the concept code:
(a) a health concern data item corresponding to the health concern is created for the patient;
(b) information corresponding to the health concern is written in the EMR of the patient; and
(c) at least a portion of a clinician workflow, associated with the health concern, is embedded in the EMR of the patient, and
wherein an electronic access, by a patient device via a patient application programmable interface (API), is created to enable modifying by the patient device of one or several information elements selected from a group comprising the EMR of the patient and the clinician workflow of the clinician; and
initiating, via the set of hardware processors, a modification of the one or several information elements based at least partially on data associated with the patient identifier”.
The limitations of “selecting, via at least one processor of a set of hardware processors associated with one or both of a user device and an interface for a longitudinal plan system, a plan template from a plurality of plan templates associated with the longitudinal plan system…”, “determining, via the set of hardware processors, that a code corresponding to a problem documented in an electronic medical record (EMR) of the patient is contained in a concept code for a health concern identified by the particular health concept”, and “based on the code being contained in the concept code: (a) a health concern data item corresponding to the health concern is created for the patient; (b) information corresponding to the health concern is written in the EMR of the patient; and (c) at least a portion of a clinician workflow, associated with the health concern, is embedded in the EMR of the patient” correspond to an abstract idea of “certain methods of organizing human activity” with a recitation of generic hardware processors. This is a method of managing interactions between people, such as user following rules and instructions. The mere nominal recitation of a generic processor and generic network devices does not take the claim out of the methods of organizing human interactions grouping. Thus, the claims recite an abstract idea.
The current specification recites “The system comprises: a processor; and a computer storage medium storing computer-usable instructions that, when used by the processor, cause the processor to: enable a clinician to select a plan template from a plurality of plan templates; attach the plan template to a patient identifier corresponding to the patient; integrate the plan template with a wellness plan of the patient; and enable the patient to update the wellness plan via a portal.” in [0028] and “The remote computers 108 might be personal computers, servers, routers, network PCs, peer devices, other common network nodes, or the like and might comprise some or all of the elements described above in relation to the control server 102. The devices can be personal digital assistants or other like devices.” in [0034]. Therefore, the processor recited in the claims is directed to a generic computing component.
Claims 2-7, 9-14 and 16-20 are ultimately dependent from claims 1, 8, 15 and include all the limitations of claims 1, 8, 15. Therefore, claims 2-7, 9-14 and 16-20 recite the same abstract idea. Claims 2-7, 9-14 and 16-20 describe a further limitation regarding the basis for determining a code corresponding to a problem is contained in the medical record of the patient. These are all just further describing the abstract idea recited in claims 1, 8, 15, without adding significantly more.
Step 2A, Prong 2:
This judicial exception is not integrated into a practical application. In particular, claims recite the additional elements that are shown in bolded style below:
Claim 1. One or more non-transitory media having instructions that, when executed by one or more hardware processors, cause the one or more hardware processors to facilitate a plurality of operations, the operations comprising:
selecting, via at least one processor of the one or more hardware processors associated with one or both of a user device and an interface for a longitudinal plan system, a plan template from a plurality of plan templates associated with the longitudinal plan system, the plurality of plan templates searchable via the interface at the user device for a particular health concept that corresponds to a health concern, a social concern, a goal, and/or an activity associated with a patient, wherein a patient identifier corresponding to the patient is attached to or included in the plan template;
determining, via the one or more hardware processors, that a code corresponding to a problemdocumented in an electronic medical record (EMR) of the patient is contained in a concept code for a health concern identified by the particular health concept wherein:
based on the code being contained in the concept code:
health concern data item corresponding to the health concern is created for the patient
information corresponding to the health concern is written in the EMR of the patient; and
at least a portion of a clinician workflow, associated with the health concern, is embedded in the EMR of the patient, and
wherein an electronic access, by a patient device via a patient application programmable interface is created to enable modifying by the patient device of one or several information elements selected from a group comprising the EMR of the patient and the clinician workflow of the clinician; and
initiating, via the one or more hardware processors, a modification of the one or several information elements is based at least partially on data associated with the patient identifier.
2. (New) The one or more non-transitory media of claim 1, wherein the modification is initiated by the at least one processor at the user device.
3. (New) The one or more non-transitory media of claim 1, wherein an additional electronic access, by a set of provider care-team devices, is created to enable modifying of the EMR of the patient.
4. (New) The one or more non-transitory media of claim 3, wherein the set of provider care- team devices includes the user device.
5. (New) The one or more non-transitory media of claim 3, wherein the additional electronic access further enables modifying of the clinician workflow of the clinician.
6. (New) The one or more non-transitory media of claim 1, wherein the electronic access comprises a second electronic access, and wherein a first electronic access is created to enable modifying by provider care-team devices of one or more information elements selected from the group comprising the EMR of the patient and the clinician workflow of the clinician.
7. (New) The one or more non-transitory media of claim 6, wherein the first electronic access enables modifying, by the provider care-team devices and via at least one of the interface and a personnel API, of the one or more information elements.
8. (New) A system having one or more hardware processors configured to facilitate a plurality of operations, the operations comprising:
selecting, via at least one processor of the one or more hardware processors associated with one or both of a user device and an interface for a longitudinal plan system, a plan template from a plurality of plan templates associated with the longitudinal plan system, the plurality of plan templates searchable via the interface at the user device for a particular health concept that corresponds to a health concern, a social concern, a goal, and/or an activity associated with a patient, wherein a patient identifier corresponding to the patient is attached to or included in the plan template;
determining, via the one or more hardware processors, that a code corresponding to a problem documented in an electronic medical record (EMR) of the patient is contained in a concept code for a health concern identified by the particular health concept, wherein:
based on the code being contained in the concept code:
(a) a health concern data item corresponding to the health concern is created for the patient;
(b) information corresponding to the health concern is written in the EMR of the patient; and
(c) at least a portion of a clinician workflow, associated with the health concern, is embedded in the EMR of the patient, and
wherein an electronic access, by a patient device via a patient application programmable interface (API), is created to enable modifying by the patient device of one or several information elements selected from a group comprising the EMR of the patient and the clinician workflow of the clinician; and
initiating, via the one or more hardware processors, a modification of the one or several information elements based at least partially on data associated with the patient identifier.
9. (New) The system of claim 8, wherein the modification is initiated by the at least one processor at the user device.
10. (New) The system of claim 8, wherein an additional electronic access, by a set of provider care-team devices, is created to enable modifying of the EMR of the patient.
11. (New) The system of claim 10, wherein the set of provider care-team devices includes the user device.
12. (New) The system of claim 10, wherein the additional electronic access further enables modifying of the clinician workflow of the clinician.
13. (New) The system of claim 8, wherein the electronic access comprises a second electronic access, and wherein a first electronic access is created to enable modifying by provider care- team devices of one or more information elements selected from the group comprising the EMR of the patient and the clinician workflow of the clinician.
14. (New) The system of claim 13, wherein the first electronic access enables modifying, by the provider care-team devices and via at least one of the interface and a personnel API, of the one or more information elements.
15. (New) A computer-implemented method, comprising:
selecting, via at least one processor of a set of hardware processors associated with one or both of a user device and an interface for a longitudinal plan system, a plan template from a plurality of plan templates associated with the longitudinal plan system, the plurality of plan templates searchable via the interface at the user device for a particular health concept that corresponds to a health concern, a social concern, a goal, and/or an activity associated with a patient, wherein a patient identifier corresponding to the patient is attached to or included in the plan template;
determining, via the set of hardware processors, that a code corresponding to a problem documented in an electronic medical record (EMR) of the patient is contained in a concept code for a health concern identified by the particular health concept,
wherein: based on the code being contained in the concept code:
(a) a health concern data item corresponding to the health concern is created for the patient;
(b) information corresponding to the health concern is written in the EMR of the patient; and
(c) at least a portion of a clinician workflow, associated with the health concern, is embedded in the EMR of the patient, and
wherein an electronic access, by a patient device via a patient application programmable interface (API), is created to enable modifying by the patient device of one or several information elements selected from a group comprising the EMR of the patient and the clinician workflow of the clinician; and
initiating, via the set of hardware processors, a modification of the one or several information elements based at least partially on data associated with the patient identifier.
16. (New) The computer-implemented method of claim 15, wherein the modification is initiated by the at least one processor at the user device.
17. (New) The computer-implemented method of claim 15, wherein an additional electronic access, by a set of provider care-team devices, is created to enable modifying of the EMR of the patient, and wherein the set of provider care-team devices includes the user device.
18. (New) The computer-implemented method of claim 17, wherein the additional electronic access further enables modifying of the clinician workflow of the clinician.
19. (New) The computer-implemented method of claim 15, wherein the electronic access comprises a second electronic access, and wherein a first electronic access is created to enable modifying by provider care-team devices of one or more information elements selected from the group comprising the EMR of the patient and the clinician workflow of the clinician.
20. (New) The computer-implemented method of claim 19, wherein the first electronic access enables modifying, by the provider care-team devices and via at least one of the interface and a personnel API, of the one or more information elements.
Thes additional elements are directed to are hardware and software elements, these limitations are not enough to qualify as “practical application” being recited in the claims along with the abstract idea since these elements are merely invoked as a tool to apply instructions of the abstract idea in a particular technological environment, and mere instructions to apply/implement/automate an abstract idea in a particular technological environment and merely limiting the use of an abstract idea to a particular field or technological environment do not provide practical application for an abstract idea (MPEP 2106.05(f) & (h)).
The processor in the claim steps is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of determining a code corresponding to a problem, creating, writing and modifying data in the EMR) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea.
Step 2B:
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a processor to perform determining, creating, accessing, embedding, modifying steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
The claims are not patent eligible.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DILEK B COBANOGLU whose telephone number is (571)272-8295. The examiner can normally be reached 8:30-5:00 ET.
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/DILEK B COBANOGLU/Primary Examiner, Art Unit 3687