CTNF 19/081,026 CTNF 85123 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. The following is a non-final Office action on the merits in response to Application filed on 3/17/2025. Claims 1-20 are examined and pending. Priority Acknowledgment is made of applicant's claim for foreign priority based on application filed in Japan on 6/4/2020, and the instant application is a continuation of 18/007763 (now Patent 12,283,370), filed 12/2/2022, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application constitutes a continuation of 18/007763. 02-26 AIA Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been received. Information Disclosure Statement The information disclosure statement (IDS) submitted on 3/17/2025 does not follow the provisions of 37 CFR 1.97. The foreign references, international search report, English translation of the international search report. and non-patent literature (NPL) shown in the IDS has Not been received. Accordingly, these documents that has been lined through have not been received and thus not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a). Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 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 NOT rejected under the Alice/Mayo styled 35 U.S.C. 101 because the claimed invention is NOT found to be directed to an abstract idea. The invention was to solve issues with a specific way of performing training using the training data to construct a learning model that outputs a selection of a medical checkup facility recommended to a medical checkup target person who wants to take a medical checkup derived from the learning model, and is also known as an output of a neural network after an input image is subject to a certain filtering, and thus integrated in a practical application in computer-related technology to overcome Alice 101 rejection. As such, the claim qualifies as eligible subject matter under 35 U.S.C. 101. This statement is simply made to inform the record that the claims were considered under the Alice/Mayo analysis. Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b). Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of allowed Application No. 18/007763 (reference application, now Patent 12,283,370). Although the claims at issue are not identical, they are directed to the same invention. For reference, the following table matches the primary limitations of pending claim 8 (method) of application 18/007763, with the similar limitations of claim 8 (method) of the instant application (differences highlighted in bold type ). 19/081026, instant application which is a continuation patent application 18/007763 18/007763, reference application, (now Patent 12,283,370), allowed claim 8. A facility presentation method performed by a computer and comprising: 8. A facility presentation method performed by a computer and comprising: determining a recommended medical checkup and a reservation-ready date and time when a facility presentation request is input from a user through a user interface; allowing a model learned by using machine learning to output facility information for supporting decision-making of the user related to determining a facility that a medical checkup target person takes the recommended medical checkup by inputting information about the recommended medical checkup, wherein the facility information includes at least a name of the recommended facility; selecting, as a recommended facility, the facility that is capable of still accepting new reservation for the recommended medical checkup; displaying a user interface including a display field indicating a name of the recommended facility the display field indicating the reservation-ready date and time for the recommended facility, the user interface operable by the medical checkup target person to obtain agreement of the medical checkup target person on use of medical chart data of the medical checkup target person by the recommended facility; notifying a designated facility that the medical checkup target person will take the recommended medical checkup when the user designates one recommended facility as the designated facility where the medical checkup target person will take the recommended medical checkup, through the user interface; and allowing at least one of transmission of the medical chart data to the designated facility through a communication network and access to the medical chart data using an API (Application Program Interface) by the designated facility, when the medical checkup target person agrees to the use of the medical chart data by the designated facility, wherein the model learned by using machine learning is set with at least one of a weight and a bias of a neural network so as to reduce an error between the recommended facility information output when learning data is input and ground truth information, the learning data includes medical checkup information indicating a medical checkup that is related to healthcare and that is intended to be performed on the medical checkup target person, medical checkup facility information related to a plurality of medical checkup facilities at each of which the recommended medical checkup can be performed, and the medical chart data, and the ground truth information is information regarding the medical checkup facility that is desired to be selected as the recommended facility, and is generated in association with the learning data. determining a recommended medical checkup and a reservation-ready date and time when a facility presentation request is input from a user through a user interface; allowing a model learned by using machine learning to output recommended facility information for supporting decision-making of the user related to a recommended facility by inputting information about the recommended medical checkup, wherein the recommended facility information includes at least a name of the recommended facility; displaying a user interface including a display field indicating a name of the recommended facility the display field indicating the reservation-ready date and time for the recommended facility, the user interface operable by a medical checkup target person to obtain agreement of a medical checkup target person on use of medical chart data of the medical checkup target person by the recommended facility; notifying a designated facility that the medical checkup target person will take the recommended medical checkup when the user designates one recommended facility as the designated facility where the medical checkup target person will take the recommended medical checkup, through the user interface; and allowing at least one of transmission of the medical chart data to the designated facility through a communication network and access to the medical chart data using an API (Application Program Interface) by the designated facility, when the medical checkup target person agrees to the use of the medical chart data by the designated facility, wherein the model learned by using machine learning is set with at least one of a weight and a bias of a neural network so as to reduce an error between the recommended facility information output when learning data is input and ground truth information, the learning data includes medical checkup information indicating a medical checkup that is related to healthcare and that is intended to be performed on the medical checkup target person, medical checkup facility information related to a plurality of medical checkup facilities at each of which the recommended medical checkup can be performed, and the medical chart data, and the ground truth information is information regarding the medical checkup facility that is desired to be selected as the recommended facility, and is generated in association with the learning data. This is a nonstatutory double patenting rejection because the patentably indistinct claims have in fact been patented. Independent claim 1, 15 is similarly rejected. Therefore, as discussed above, the scope of claim 8 (method) of the present application and allowed claim 8, (method) respectively of U.S. Application No. 18/007763 (now Patent 12,283,370) are practically indistinguishable. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to the same subject matter, perform the same method steps, and a person of ordinary skill in the art would not be free to practice one of the claimed inventions without infringing upon the other invention. It would have been obvious to the person having ordinary skill in the art before the effective filing date of the application to include “selecting, as a recommended facility, the facility that is capable of still accepting new reservation for the recommended medical checkup” claimed in this application as taught or suggested by claims 1, 8, 9 of patent application 18/007763 because instant application claims 1-20 would have been obvious over the reference claims 1-9 in allowed application 18/007763. An approved Terminal Disclaimer is required. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. Prior art Rejection Independent claims 1, 8, 15 as a whole recite a combination of limitations that has Not been found as define over prior art of record (the combination of Bostic et al (US 2021/0005324), Nagashima et al. (US 2019/0189280), Cossler et al. (US 2022/0383998), Hiral et al. (US 2021/0391077), Tapia (US Patent 10708795), Kapoor et al. (US 2015/0133784), and the other references do not clearly either independently or in combination teach all the claimed features. Allowable Subject Matter As to the prior art rejections, in interpreting the claims, in light of the specification, upon further search and consideration, and for the reasons presented by the claims, the Examiner finds the claimed invention to be patentably distinct from the prior art of records. It is found that claim 1-20 is allowable subject to outstanding double patenting rejections. However, independent claims 1, 8, 15 and their dependency are rejected under double patenting rejection above. 07-43-03 AIA As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with, and pending remedy to outstanding issues cited above. See 37 CFR 1.111(b) and MPEP § 707.07(a). 07-96 The prior art made of record referenced or cited relied upon is considered pertinent to applicant’s disclosure. Cossler (US 2022/0383998), Hiral et al. (US 2021/0391077), Tapia (US Patent 10708795), Kapoor et al. (US 2015/0133784), Bostic et al (US 2021/0005324), Nagashima et al. (US 2019/0189280), Abousy et al. (US 2019/0392931), Okumura et al. (US 2013/0204635), Kirenko et al. (US 2021/0176357), Chen et al. (US 2019/0108914), Blankinship et al. (US 2020/0388362), Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUN M LI whose telephone number is (571)270-5489. The examiner can normally be reached on Mon-Thurs, 8:30am--5pm. Fax is 571-270-6489. 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, Kambiz Abdi, can be reached on 571-272-6702. 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. /SUN M LI/Primary Examiner, Art Unit 3685 Application/Control Number: 19/081,026 Page 2 Art Unit: 3685 Application/Control Number: 19/081,026 Page 3 Art Unit: 3685 Application/Control Number: 19/081,026 Page 4 Art Unit: 3685 Application/Control Number: 19/081,026 Page 5 Art Unit: 3685 Application/Control Number: 19/081,026 Page 6 Art Unit: 3685 Application/Control Number: 19/081,026 Page 7 Art Unit: 3685 Application/Control Number: 19/081,026 Page 8 Art Unit: 3685 Application/Control Number: 19/081,026 Page 9 Art Unit: 3685 Application/Control Number: 19/081,026 Page 10 Art Unit: 3685 Application/Control Number: 19/081,026 Page 11 Art Unit: 3685 Application/Control Number: 19/081,026 Page 12 Art Unit: 3685 Application/Control Number: 19/081,026 Page 13 Art Unit: 3685 Application/Control Number: 19/081,026 Page 14 Art Unit: 3685 Application/Control Number: 19/081,026 Page 15 Art Unit: 3685 Application/Control Number: 19/081,026 Page 16 Art Unit: 3685 Application/Control Number: 19/081,026 Page 17 Art Unit: 3685
