Prosecution Insights
Last updated: August 18, 2026
Application No. 19/104,033

SYSTEM AND METHOD FOR MATCHING A PATIENT MEDICAL CONDITION WITH A HEALTH CARE PROVIDER

Final Rejection §101§103
Filed
Feb 14, 2025
Priority
Aug 29, 2022 — EU 22192522.5 +1 more
Examiner
PATEL, SHERYL GOPAL
Art Unit
3685
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Biotronik SE & Co. KG
OA Round
2 (Final)
11%
Grant Probability
At Risk
3-4
OA Rounds
1y 1m
Est. Remaining
25%
With Interview

Examiner Intelligence

Grants only 11% of cases
11%
Career Allowance Rate
3 granted / 28 resolved
-41.3% vs TC avg
Moderate +14% lift
Without
With
+14.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
27 currently pending
Career history
71
Total Applications
across all art units

Statute-Specific Performance

§101
40.1%
+0.1% vs TC avg
§103
36.0%
-4.0% vs TC avg
§102
13.0%
-27.0% vs TC avg
§112
9.2%
-30.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 28 resolved cases

Office Action

§101 §103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Step 1 Claims 1-15 are within the four statutory categories. However, as will be shown below, claims 1-15 are nonetheless unpatentable under 35 U.S.C. 101. Claims 1 and 13 are representative of the inventive concept and recite: Claim 1 Computer-implemented method for matching a patient medical condition with a corresponding health care provider, comprising the steps of: storing patient medical data comprising a plurality of medical parameters acquired by a patient sensor and health care provider data comprising information on health care providers qualified to treat medical conditions associated with said patient medical data in at least one data storage device; receiving the patient medical data and transmitting said patient medical data to the least one data storage device by means of a first software interface to a patient sensor; updating health care provider information in the at least one data storage device by means of a second software interface to a further data storage device of the health care provider; and applying an algorithm to the patient medical data to determine if the patient medical condition requires treatment by the health care provider, wherein if treatment of the patient medical condition is determined to be required, the algorithm matches the patient medical condition with the corresponding health care provider according to the determined patient medical condition, and wherein the computing device identifies and schedules a sequence of necessary medical treatments; wherein the computing device is configured to determine whether on-site or remote treatment of the medical condition associated with said patient medical data is required and/or possible. *Claim 13 recites similar limitations but for a computer-implemented method Step 2A Prong One The broadest reasonable interpretation of these steps includes mental processes because the highlighted components can practically be performed by the human mind (in this case, the process of updating, determining, and matching) or using pen and paper. Other than reciting generic computer components/functions such as “system” , “device”, “sensor”, “data storage device”, “software interface”, “algorithm”, and “computer”, nothing in the claims precludes the highlighted portions from practically being performed in the mind. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, but for the recitation of generic computer components/functions, then it falls within “Mental Processes” grouping of abstract ideas. Additionally, the mere nominal recitation of a generic computer does not take the claim limitation out of the mental process grouping. Thus, the claim recites a mental process. Additionally, the recitation of generic computer components and functions such as receiving also covers behavioral or interactions between people (i.e. the computer), and/or managing personal behavior or relationships or interactions between people (i.e. social activities, teaching, and following rules or instructions), hence the claim falls under “Certain Methods of Organizing Human Activity”. Dependent claims 2-11 and 14-15 recite additional subject matter which further narrows or defines the abstract idea embodied in the claims (such as claim 2, reciting specifics on what is considered a sensor, but for recitation of generic computer components/functions). Step 2A Prong Two This judicial exception is not integrated into a practical application. In particular, the claims recite the following additional limitations: Claim 1 recites: “system” , “device”, “sensor”, “data storage device”, “software interface”, “algorithm”, “to store patient medical data comprising a plurality of medical parameters acquired by a patient sensor and health care provider data comprising information on health care providers qualified to treat medical conditions associated with said patient medical data”, and “to transmit said patient medical data to the at least one data storage device”. In particular, the additional elements do no integrate the abstract idea into a practical application, other than the abstract idea per se, because the additional elements amount to no more limitations which: Amount to mere instructions to apply an exception (MPEP 2106.05(f)). The limitations are recited as being performed by a “system” , “device”, “sensor”, “data storage device”, “software interface”, “algorithm”. These limitations are recited at a high level of generality and amounts to no more than mere instructions to apply the exception using a generic computer. The algorithm are used to generally apply the abstract idea without limiting how it functions. Add insignificant extra-solution activity (MPEP 2106.05(g)) to the abstract idea such as the recitation of “to store patient medical data comprising a plurality of medical parameters acquired by a patient sensor and health care provider data comprising information on health care providers qualified to treat medical conditions associated with said patient medical data”, and “to transmit said patient medical data to the at least one data storage device”. Dependent claim 2 recites device and sensor Dependent claim 3 recites data storage device and software interface Dependent claim 4 recites computing device Dependent claim 5 recites data storage device, software interface, computing device Dependent claim 6 recite algorithm, sending, and acquiring Dependent claim 7 recites system, data storage device, software interface Dependent claim 8 recites system, data storage device, patient communication device, sensor, and app Dependent claim 9 recites system, data storage device, and software interface Dependent claim 10 recites system, computing device, and sensor Dependent claim 11 recites system, data storage device, software interface Dependent claim 12 recites system, data storage device, storing, and software interface Dependent claim 14 recites computer program, program code, and computer Dependent claim 15 recites computer-readable data carrier, program code, computer program, and computer In particular, the additional elements do no integrate the abstract idea into a practical application, other than the abstract idea per se, because the additional elements amount to no more limitations which: Amount to mere instructions to apply an exception (MPEP 2106.05(f)). The limitations are recited as being performed by a system, data storage device, patient communication device, sensor, app, software interface, computing device, computer program, program code, computer, and device, algorithm, and computer-readable data carrier . These limitations are recited at a high level of generality and amounts to no more than mere instructions to apply the exception using a generic computer. The algorithm are used to generally apply the abstract idea without limiting how it functions. Add insignificant extra-solution activity (MPEP 2106.05(g)) to the abstract idea such as the recitation of storing, sending, and acquiring. Dependent claims 2-12 and 14-15 include additional elements beyond those already recited in Independent claims 1 and 13, and hence do not integrate the aforementioned abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer, machine learning model, or any other technology. Their collective function merely provides conventional computer implementation and do not impose a meaningful limit to integrate the abstract idea into a practical application. Step 2B Claims 1 and 13 do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to discussion of integration of the abstract idea into a practical application, the additional elements: A system in claim 1; amount to no more than mere instructions to apply an exception to the abstract idea. Additionally, the additional limitations, other than the abstract idea per se, amount to no more than limitations which amount to elements that have been recognized as well-understood, routine, and conventional activity in particular fields as demonstrated by the recitation of: Storing, which refers to the process of saving digital information (Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015)) in a manner that would be well-understood, routine, and conventional. Transmitting, which refers to the process of sending digital or analog information from one device to another (TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 614, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016)) in a manner that would be well-understood, routine, and conventional. Sending which refers to the process of sending digital or analog information from one device to another (TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 614, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016)) in a manner that would be well-understood, routine, and conventional. Acquiring, which refers to the process of obtaining data via digital methods (TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 614, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016)) in a manner that would be well-understood, routine, and conventional. Receiving data, which refers to the process of obtaining data via digital methods (TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 614, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016)) in a manner that would be well-understood, routine, and conventional. The claims do not include any additional elements beyond those already recited in independent claims 1 and 13 and dependent claims 2-12 and 14-15. Therefore, they are not deemed to be significantly more than the abstract idea because, as stated above, the limitations of the aforementioned dependent claims amount to no more than generally linking the abstract idea to a particular technological environment or field of use, and/or do not recite and additional elements not already recited in independent claim 1 hence do not amount to “significantly more” than the abstract idea. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-3 and 5-15 are rejected under 35 U.S.C. 103 is being unpatentable over Perlroth(US20170193171A1) in view of Courville(US20150213220A1) and Ahmed(US20210290060A1). Claim 1 Data management system for matching a patient medical condition with a corresponding health care provider, comprising: comprising information on health care providers qualified to treat medical conditions associated with said patient medical data(Para 0032, Perlroth discloses a database storing health provider information); a first software interface to patient sensor, said first software interface being configured to receive the patient medical data and to transmit said patient medical data to the at least one data storage device(Figure 5, #510, Perlroth discloses receiving and transmitting patient data); a second software interface(Para 0072, Perlroth discloses software) to a further data storage device of the health care provider(Figure 7, #720, Perlroth discloses provider database which can be considered a storage device), wherein the second software interface(Para 0072, Perlroth discloses software) is configured to update health care provider information in the at least one data storage device(Figure 7, #720, Para 0069, Perlroth discloses updating provider database); (Para 0062, Perlroth discloses an algorithm involved in matching patient to provider) is configured to match the patient medical condition with the corresponding health care provider according to the determined patient medical condition(Para 0036, Perlroth discloses a provider matching service using medical condition of patient as a factor in matching with a provider), and wherein the computing device(Figure 1, #140, Provider Matching Service can be considered a computing device) is configured to identify and schedule a sequence of necessary medical treatments(Para 0047, Perlroth discloses scheduling an appointment through providing matching service); Perlroth does not explicitly disclose: data storage device configured to store patient medical data comprising a plurality of medical parameters acquired by a patient sensor algorithm to the patient medical data to determine if the patient medical condition requires treatment computing device is configured to determine whether on-site or remote treatment of the medical condition associated with said patient medical data is required and/or possible Courville discloses: data storage device configured to store patient medical data(Para 0019, Courville discloses storing patient medical data) comprising a plurality of medical parameters acquired by a patient sensor(Para 0050, Courville discloses patient data acquired from wearable sensors) algorithm to the patient medical data to determine if the patient medical condition requires treatment(Figure 7, Courville discloses a method which determines if a patient requires treatment) Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have modified the system for provider-patient matching of Perlroth, to add data storage device configured to store patient medical data comprising a plurality of medical parameters acquired by a patient sensor and algorithm to the patient medical data to determine if the patient medical condition requires treatment, as taught by Courville. One of ordinary skill would have been so motivated to specify the types of data of importance and utilize this data to determine if treatment is required, but in this case, for a system for monitoring patient health(Para 0006, Courville discloses: “What is needed is a system for monitoring patient health that is responsive to the individual medical situation of each patient.”). Courville does not explicitly disclose: computing device is configured to determine whether on-site or remote treatment of the medical condition associated with said patient medical data is required and/or possible Ahmed discloses: computing device is configured to determine whether on-site(Para 0305, Ahmed discloses the determination of whether on-site care is required) or remote treatment(Para 0360, Ahmed discloses remote treatment recommendation) of the medical condition associated with said patient medical data is required and/or possible Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have modified the system for provider-patient matching of Perlroth, to add the determination whether on-site or remote care is required, as taught by Ahmed. One of ordinary skill would have been so motivated to be able to determine, based on presenting symptoms, if the best care for the patient requires on-site or remote treatment to improve patient outcomes, but in this case, for a remote patient management system (Para 0007, Ahmed discloses: “As current CDC and WHO guidelines require monitoring a suspected and/or confirmed COVID-19 patient's temperature, respiration rate, and oxygen saturation and due to the highly contagious nature of the virus and/or the limited healthcare resources such as the availability of hospital beds, there is an increased need to provide remote monitoring and patient engagement solutions in multiple settings via a secure remote solution.”). Claim 2 Perlroth does not explicitly disclose: Data management system of claim 1, wherein the patient sensor is a diagnostic implant and/or a therapeutic implantable medical device, in particular a loop recorder, an implantable pulse generator, an implantable cardioverter-defibrillator, a drug pump, a biochemical sensor and/or a cardiac resynchronization therapy device, and/or a wearable medical device(Para 0050, Courville discloses wearable sensors), an environmental sensor and/or an external medical or therapy device. Courville discloses: Data management system of claim 1, wherein the patient sensor is a diagnostic implant and/or a therapeutic implantable medical device, in particular a loop recorder, an implantable pulse generator, an implantable cardioverter-defibrillator, a drug pump, a biochemical sensor and/or a cardiac resynchronization therapy device, and/or a wearable medical device(Para 0050, Courville discloses wearable sensors), an environmental sensor and/or an external medical or therapy device. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have modified the system for provider-patient matching of Perlroth, to add wearable medical device, as taught by Courville. One of ordinary skill would have been so motivated to specify the types of sensors that can be used to collect patient data to be analyzed, but in this case, for a system for monitoring patient health(Para 0006, Courville discloses: “What is needed is a system for monitoring patient health that is responsive to the individual medical situation of each patient.”). Claim 3 Perlroth discloses: Data management system of claim 1, wherein the at least one data storage device comprises a third software interface for depositing and/or updating patient electronic health record data(Para 0037, Perlroth discloses integrating health data analysis into a user’s electronic medical record) and a fourth software interface configured to authenticate the patient electronic health record data and send it to a selected health care provider. Perlroth does not explicitly disclose: authenticate the patient electronic health record data and send it to a selected health care provider Courville discloses: authenticate the patient electronic health record data and send it to a selected health care provider(Para 0055, Courville discloses validating user credentials). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have modified the system for provider-patient matching of Perlroth, to add authentication, as taught by Courville. One of ordinary skill would have been so motivated to ensure privacy and identity compliance required for sharing sensitive medical data, but in this case, for a system for monitoring patient health(Para 0006, Courville discloses: “What is needed is a system for monitoring patient health that is responsive to the individual medical situation of each patient.”). Claim 4 Perlroth does not explicitly disclose: Data management system of claim 1,wherein the computing device is configured to determine whether on-site or remote treatment of the medical condition associated with said patient medical data is required and/or probable. Courville discloses: Data management system of claim 1,wherein the computing device is configured to determine whether on-site or remote treatment of the medical condition associated with said patient medical data is required(Para 0062, Courville discloses an alert when medical condition exceeds a threshold requiring medical attention) and/or probable. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have modified the system for provider-patient matching of Perlroth, to add the determination whether on-site or remote treatment of the medical condition associated with said patient medical data is required, as taught by Courville. One of ordinary skill would have been so motivated to enable the determination if treatment is required or not to improve patient outcomes, but in this case, for a system for monitoring patient health(Para 0006, Courville discloses: “What is needed is a system for monitoring patient health that is responsive to the individual medical situation of each patient.”). Claim 5 Perlroth does not explicitly disclose: Data management system of claim 4, wherein the at least one data storage device comprises a fifth software interface configured to receive a notification of the health care provider to accept, reject or delegate a treatment request, to revise the determination of the computing device, whether on-site or remote treatment of the medical condition associated with said patient medical data is required and/or to request further patient information, in particular patient symptoms. Courville discloses: Data management system of claim 4, wherein the at least one data storage device comprises a fifth software interface configured to receive a notification of the health care provider to accept, reject or delegate a treatment request, to revise the determination of the computing device, whether on-site or remote treatment of the medical condition associated with said patient medical data is required(Para 0017, Courville discloses an alert to the provider when intervention is necessary) and/or to request further patient information, in particular patient symptoms. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have modified the system for provider-patient matching of Perlroth, to add whether on-site or remote treatment of the medical condition associated with said patient medical data is required, as taught by Courville. One of ordinary skill would have been so motivated to enable the determination if treatment is required or not to improve patient outcomes, but in this case, for a system for monitoring patient health(Para 0006, Courville discloses: “What is needed is a system for monitoring patient health that is responsive to the individual medical situation of each patient.”). Claim 6 Perlroth does not explicitly disclose: Data management system of claim 1,wherein the algorithm is configured to send the patient medical data comprising the plurality of medical parameters acquired by the patient sensor to a selected health care provider. Courville discloses: Data management system of claim 1,wherein the algorithm is configured to send the patient medical data comprising the plurality of medical parameters acquired by the patient sensor to a selected health care provider(Para 0053, Courville discloses the provider is sent health data for the provider to review). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have modified the system for provider-patient matching of Perlroth, to add send the patient medical data comprising the plurality of medical parameters acquired by the patient sensor to a selected health care provider, as taught by Courville. One of ordinary skill would have been so motivated to send patient data to an evaluating provider to determine the course of action/treatment for a patient, but in this case, for a system for monitoring patient health(Para 0006, Courville discloses: “What is needed is a system for monitoring patient health that is responsive to the individual medical situation of each patient.”). Claim 7 Perlroth discloses: Data management system of claim 1,wherein the at least one data storage device comprises a sixth software interface configured to collect treatment metadata of the plurality of health care providers(Para 0032, Perlroth discloses databases storing physician prescribing data), in particular comprising a qualification(Para 0032, Perlroth discloses National Provider Identifier which can be a qualification), a ranking and or an availability for each of the plurality of health care providers. Claim 8 Perlroth discloses: Data management system of claim 1,wherein the plurality of health care providers are physicians(Para 0007, Perlroth discloses physicians), therapists, clinics and/or emergency services(Para 0007, Perlroth discloses ambulatory surgical centers) and wherein the at least one data storage device is connected to an app(Para 0023, Perlroth discloses a software application) on a patient communication device, in particular a smartphone(Para 0023, Perlroth discloses mobile device) and/or tablet(Para 0023, Perlroth discloses tablet), communicating with the patient sensor. Claim 9 Perlroth discloses: Data management system of claim 1,wherein the at least one data storage device comprises a seventh software interface(Para 0026, Perlroth discloses a patient interface) for depositing and/or updating payer information and/or preferences and an eighth software interface for depositing and/or updating patient treatment preferences(Para 0006, Perlroth discloses provider preferences). Claim 10 Perlroth does not explicitly disclose: Data management system of claim 1,wherein the computing device is configured to, based on the patient medical data comprising a plurality of medical parameters acquired by a patient sensor, determine a treatment urgency by the health care provider Courville discloses: Data management system of claim 1,wherein the computing device is configured to, based on the patient medical data comprising a plurality of medical parameters acquired by a patient sensor, determine a treatment urgency by the health care provider(Para 0046, Courville discloses triggering an alert to a provider if a parameter is out of range, which would require treatment (urgency)). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to have modified the system for provider-patient matching of Perlroth, to add patient medical data comprising a plurality of medical parameters acquired by a patient sensor, determine a treatment urgency by the health care provider, as taught by Courville. One of ordinary skill would have been so motivated to send patient data to an evaluating provider in situations where treatment is needed, but in this case, for a system for monitoring patient health(Para 0006, Courville discloses: “What is needed is a system for monitoring patient health that is responsive to the individual medical situation of each patient.”). Claim 11 Perlroth discloses: Data management system of claim 1,wherein the at least one data storage device comprises a ninth software interface and data for creating a quality index of the plurality of health care providers, in particular a treatment quality, a treatment cost, a reliability, a patient satisfaction(Para 0048, Perlroth discloses a patient survey to determine quality of treatment) and/or a payer ranking. Claim 12 Perlroth discloses: Data management system of claim 1, wherein the at least one data storage device (10) is configured to store treatment price and/or billing models for healthcare providers, to store healthcare providers selection criteria(Para 0006, Perlroth discloses provider preferences) and/or compliance rules for healthcare providers selection and comprises a tenth software interface (36) for billing digital services. Claim 13 Claim 13 recites similar limitation as claim 1. See claim 1 analysis. Claim 14 Perlroth discloses: Computer program with program code to perform the method of claim 13 when the computer program is executed on a computer(Para 0023, Perlroth discloses a computer). Claim 15 Perlroth discloses: Computer-readable data carrier containing program code of a computer program(Para 0072, Perlroth discloses computer-readable medium containing computer program code) for performing the method of claim 13 when the computer program is executed on a computer(Para 0023, Perlroth discloses a computer). Response to Arguments 35 U.S.C. 112(a)/(b) Applicant’s arguments have been fully considered and are persuasive. The 112(a)/(b) claim rejections have been withdrawn. 35 U.S.C. 101 (Pages 9-10) Regarding the assertion that the claims recite more than a mere abstract idea. Applicant's arguments filed have been fully considered but they are not persuasive. The broadest reasonable interpretation of the claim is such that the steps of updating, determining, and matching, as recited can be considered steps that can be performed in the human mind, whereas the receiving step is considered to be certain methods of organizing human activity. The application of a generic model with only the inputs and outputs defined, amounts to no more than instructions to apply an exception. (Page 10) Regarding the assertion that the claims integrate the judicial exception into a practical application. Applicant's arguments filed have been fully considered but they are not persuasive. The additional elements identified above do no integrate the abstract idea into a practical application, other than the abstract idea per se, because the additional elements amount to no more limitations which amount to mere instructions to apply an exception (MPEP 2106.05(f)) and add insignificant extra-solution activity (MPEP 2106.05(g)). 35 U.S.C. 103 Applicant’s arguments with respect to the rejection of amended claim 1 (previously claim 4) has been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Ahmed. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sze(US9195799B2) discloses a wireless patient monitoring system using sensors which send notifications. Mirza(US11587134B2) discloses an internet disease monitoring system Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHERYL GOPAL PATEL whose telephone number is (703)756-1990. The examiner can normally be reached Monday - Friday 5:30am to 2:30pm PST. 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 at 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. /S.G.P./Examiner, Art Unit 3685 /KAMBIZ ABDI/Supervisory Patent Examiner, Art Unit 3685
Read full office action

Prosecution Timeline

Feb 14, 2025
Application Filed
Feb 11, 2026
Non-Final Rejection mailed — §101, §103
May 08, 2026
Response Filed
Jul 29, 2026
Final Rejection mailed — §101, §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 2 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
11%
Grant Probability
25%
With Interview (+14.4%)
2y 7m (~1y 1m remaining)
Median Time to Grant
Moderate
PTA Risk
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