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:
“enabling a first electronic device to select a plan template from a plurality of plan templates, the plurality of plan templates searchable via the first electronic device for a particular health concept, wherein the particular health concept corresponds to health concerns, social concerns, goals, and activities associated with a patient;
attaching the plan template to a patient identifier corresponding to the patient;
determining that a code, corresponding to a first element 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;
responsive to determining that the code is contained in the concept code:
performing one or both of creating for the patient a health concern data item corresponding to the health concern and storing information corresponding to the health concern in the EMR of the patient; or embedding in the EMR of the patient a clinician workflow associated with the health concern;
creating a first electronic access, by provider care-team devices via a personnel application programmable interface (API), to enable modifying by the provider care-team devices of one or more information elements selected from a group comprising the EMR of the patient and the clinician workflow of the clinician; and
creating a second electronic access, by a patient device via a patient API, to enable modifying by the patient device of one or several information elements selected from the group comprising the EMR of the patient and the clinician workflow of the clinician, wherein:
based at least partially on the code, the concept code, or the determining that the code is contained in the concept code, an intervening action comprising a particular treatment procedure is administered to the patient in connection with treating a particular condition associated with one or both of (a) the first element and (b) the health concern identified by the particular health concept.”
The limitations of “…select a plan template from a plurality of plan templates…”, “determining that a code, corresponding to a first element 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 at least partially on the code, the concept code, or the determining that the code is contained in the concept code, an intervening action comprising a particular treatment procedure is administered to the patient in connection with treating a particular condition associated with one or both of (a) the first element and (b) the health concern identified by the particular health concept” correspond to an abstract idea of “certain methods of organizing human activity” with a recitation of generic hardware processors/electronic device. This is a method of managing interactions between people, such as user following rules and instructions. The mere nominal recitation of a generic electronic device 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 “Example operating environment 100 comprises a general purpose computing device in the form of a control server 102.” in [0030] and “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 electronic device/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 that a code corresponding to a first element in EMR is contained in a concept code. These are all just further describing the abstract idea recited in claims 1, 8, 15, without adding significantly more.
After considering all claim elements, both individually and in combination and in ordered combination, it has been determined that the claims do not amount to significantly more than the abstract idea itself.
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. (Currently Amended) 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:
enabling a first electronic device to select a plan template from a plurality of plan templates, the plurality of plan templates searchable via the first electronic device for a particular health concept, wherein the particular health concept corresponds tos, a social concerns, a goals, and activities associated with a patient;
attaching the plan template to a patient identifier corresponding to the patient;
determining that a code, corresponding to a first element 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;
responsive to determining that the code is contained in the concept code:
performing one or both of creating for the patient a health concern data item corresponding to the health concern and storing information corresponding to the health concern in the EMR of the patient; or
embedding in the EMR of the patient a clinician workflow associated with the health concern;
creating a first electronic access, by provider care-team devices via a personnel application programmable interface (API), to enable modifying by the provider care-team devices of one or more information elements selected from a group comprising the EMR of the patient and the clinician workflow of the clinician; and
creating a second electronic access, by a patient device via a patient API, to enable modifying by the patient device of one or several information elements selected from the group comprising the EMR of the patient and the clinician workflow of the clinician, wherein:
based at least partially on the code, the concept code, or the determining that the code is contained in the concept code, an intervening action comprising a particular treatment procedure is administered to the patient in connection with treating a particular condition associated with one or both of (a) the first element and (b) the health concern identified by the particular health concept.
Claim 2. (New) The one or more non-transitory media of claim 1, wherein the provider care-team devices include the first electronic device, and wherein the particular condition corresponds to at least one of diabetes or heart failure.
Claim 3. (New) The one or more non-transitory media of claim 1, wherein the patient device comprises the first electronic device, and wherein the particular condition corresponds to one or both of falls risk and pregnancy.
Claim 4. (New) The one or more non-transitory media of claim 1, wherein the particular condition corresponds to at least one of diabetes or pregnancy.
Claim 5. (New) The one or more non-transitory media of claim 1, wherein the intervening action is initiated based further on the problem documented in the EMR of the patient, the health concern identified by the particular health concept, or the information corresponding to the health concern.
Claim 6. (New) The one or more non-transitory media of claim 1, wherein the particular condition is indicated by the problem documented in the EMR of the patient.
Claim 7. (New) The one or more non-transitory media of claim 1, wherein the health concern identified by the particular health concept indicates the particular condition.
Claim 8. (New) A system having one or more hardware processors configured to facilitate a plurality of operations, the operations comprising:
enabling a first electronic device to select a plan template from a plurality of plan templates, the plurality of plan templates searchable via the first electronic device for a particular health concept, wherein the particular health concept corresponds to health concerns, social concerns, goals, and activities associated with a patient;
attaching the plan template to a patient identifier corresponding to the patient;
determining that a code, corresponding to a first element 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;
responsive to determining that the code is contained in the concept code:
performing one or both of creating for the patient a health concern data item corresponding to the health concern and storing information corresponding to the health concern in the EMR of the patient; or embedding in the EMR of the patient a clinician workflow associated with the health concern;
creating a first electronic access, by provider care-team devices via a personnel application programmable interface (API), to enable modifying by the provider care-team devices of one or more information elements selected from a group comprising the EMR of the patient and the clinician workflow of the clinician; and
creating a second electronic access, by a patient device via a patient API, to enable modifying by the patient device of one or several information elements selected from the group comprising the EMR of the patient and the clinician workflow of the clinician, wherein:
based at least partially on the code, the concept code, or the determining that the code is contained in the concept code, an intervening action comprising a particular treatment procedure is administered to the patient in connection with treating a particular condition associated with one or both of (a) the first element and (b) the health concern identified by the particular health concept.
Claim 9. (New) The system of claim 8, wherein the provider care-team devices include the first device, and wherein the particular condition corresponds to at least one of diabetes or heart failure.
Claim 10. (New) The system of claim 8, wherein the patient device comprises the first device, and wherein the particular condition corresponds to one or both of falls risk and pregnancy.
Claim 11. (New) The system of claim 8, wherein the particular condition corresponds to at least one of diabetes or pregnancy.
Claim 12. (New) The system of claim 8, wherein the intervening action is initiated based further on the problem documented in the EMR of the patient, the health concern identified by the particular health concept, or the information corresponding to the health concern.
Claim 13. (New) The system of claim 8, wherein the particular condition is indicated by the problem documented in the EMR of the patient.
Claim 14. (New) The system of claim 8, wherein the health concern identified by the particular health concept indicates the particular condition.
Claim 15. (New) A computer-implemented method, comprising:
enabling a first electronic device to select a plan template from a plurality of plan templates, the plurality of plan templates searchable via the first electronic device for a particular health concept, wherein the particular health concept corresponds to health concerns, social concerns, goals, and activities associated with a patient;
attaching the plan template to a patient identifier corresponding to the patient;
determining that a code, corresponding to a first element 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;
responsive to determining that the code is contained in the concept code:
performing one or both of creating for the patient a health concern data item corresponding to the health concern and storing information corresponding to the health concern in the EMR of the patient; or embedding in the EMR of the patient a clinician workflow associated with the health concern;
creating a first electronic access, by provider care-team devices via a personnel application programmable interface (API), to enable modifying by the provider care-team devices of one or more information elements selected from a group comprising the EMR of the patient and the clinician workflow of the clinician; and
creating a second electronic access, by a patient device via a patient API, to enable modifying by the patient device of one or several information elements selected from the group comprising the EMR of the patient and the clinician workflow of the clinician, wherein:
based at least partially on the code, the concept code, or the determining that the code is contained in the concept code, an intervening action comprising a particular treatment procedure is administered to the patient in connection with treating a particular condition associated with one or both of (a) the first element and (b) the health concern identified by the particular health concept.
Claim 16. (New) The computer-implemented method of claim 15, wherein the provider care-team devices include the first device, and wherein the particular condition corresponds to at least one of diabetes or heart failure.
Claim 17. (New) The computer-implemented method of claim 15, wherein the patient device comprises the first device, and wherein the particular condition corresponds to one or both of falls risk and pregnancy.
Claim 18. (New) The computer-implemented method of claim 15, wherein the particular condition corresponds to at least one of diabetes or pregnancy.
Claim 19. (New) The computer-implemented method of claim 15, wherein the intervening action is initiated based further on the problem documented in the EMR of the patient, the health concern identified by the particular health concept, or the information corresponding to the health concern.
Claim 20. (New) The computer-implemented method of claim 15, wherein the particular condition is indicated by one or both of the problem documented in the EMR of the patient and the health concern identified by the particular health concept.
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.
Claims also recite other additional limitations beyond abstract idea, including “based at least partially on the code, the concept code, or the determining that the code is contained in the concept code, an intervening action comprising a particular treatment procedure is administered to the patient in connection with treating a particular condition associated with one or both of (a) the first element and (b) the health concern identified by the particular health concept”. the current specification recites “An activity refers to an action that is carried out to support or reinforce the patient's health and wellness. Activities can support and be associated with one or more health concerns. Activities can also support and be associated with one or more goals. Examples of activities may include: medication (e.g., take 500 mg Metformin two times daily), monitoring (e.g., use blood pressure device daily), assessment (e.g., take the Asthma Control Test (ACT)), education (e.g., enroll in diabetes education course), instruction (e.g., use a shower bench when bathing), physical (e.g., exercise three times a week), and the like.” in [0016]. The particular treatment (or action) can refer to providing any kind of education, instructions or providing a suitable medication. Therefore, this limitation corresponds to “insignificant application” (See MPEP 2106.05(g)).
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 one or more hardware processors 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
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/DILEK B COBANOGLU/Primary Examiner, Art Unit 3687