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 .
Drawings
The drawings filed on 06/13/2025 are accepted by the examiner.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-20 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of copending Application No. 19/197464 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented. At least one employer is a beneficiary of this CCN (specification, paragraph 267).
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 USC 101. The claimed invention is directed to non-statutory subject matter because claims 1, 11, and 20 are directed to an abstract idea without significantly more. Claims 2-10 and 12-19 fail to remedy these deficiencies.
The claims 1, 11, and 20 recite collecting client health and financial data, analyzing data collected, extracting analyzed data and applying it to an least one condition in a set of pre-set conditions, calculating an initiative cost per client, training at least one AI model using information, predicting the ROI and the timing of a given care plan, establishing care plan priorities to achieve objectives, routing to appropriate care network partners, developing key performance indicators and milestones per client, displaying data for user to self-evaluate performance, implementing the care plan, sending money from an AMF to a money management organization, sending money saved to the money management organization for redistribution, and redistributing the money to one or more employers.
Claims 1, 11, and 20 recite analyzing, extracting, applying, calculating, training, predicting, establishing, routing, developing, displaying, implementing, sending. And redistributing steps as drafted, are processes that under broadest reasonable interpretation, cover performance of managing commercial interactions and fundamental economic practices, but for the recitation of generic computer components. That is, other than reciting “a hub computing device which operates as a hub portal comprising a processor, a display and a non-transitory computer-readable storage medium, a data collection component, an artificial intelligence engine, comprising non-transitory computer-readable storage medium, external client databases, a CCN component comprising non-transitory computer-readable storage medium, and a CCS health system”, nothing in the claim element precludes the steps from practically being performed by organizing human activity for commercial interactions and fundamental economic practices. For example, but for “the hub computing device/the hub portal, the processor, the display, the non-transitory computer-readable storage medium, the data collection component, the artificial intelligence engine, the external client databases, the CCN component, and the CCS health system” in the context of these claims encompasses a person manually analyzes client health and financial data, extracts the analyzed data and applies it to an least one condition, calculates an initiative cost per client, trains the at least one AI model using client information, predicts the ROI and the timing of a given care plan, establishes care plan priorities to achieve objectives, routes/directs to appropriate care network partners, develops key performance indicators and milestones per client, displays data for user to self-evaluate performance, implements the care plan to increase efficiency and save money, sends the saved money to a money management organization for redistribution, and redistributes the money to one or more employers. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation by managing commercial interactions and fundamental economic practices but for the recitation of generic computer components, then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. Accordingly, the claims recite an abstract idea.
This judicial exception is not integrated into a practical application because collecting step is recited at a high level of generality (i.e., as a general means of collecting client health and financial data) and amounts to mere data gathering, which is a form of insignificant extra-solution activity. This judicial exception is not integrated into a practical application because the claims as a whole merely describe how to generally “apply” the concept of collecting, analyzing, extracting, applying, calculating, training, predicting, establishing, routing, developing, displaying, implementing, sending. And redistributing in a computer environment. The claimed computer components such as the hub computing device/the hub portal, the processor, the display, the non-transitory computer-readable storage medium, the data collection component, the artificial intelligence engine, the external client databases, the CCN component, and the CCS health system are recited at a high level of generality and are merely invoked as tools to perform collecting, analyzing, extracting, applying, calculating, training, predicting, establishing, routing, developing, displaying, implementing, sending. And redistributing steps. Simply implementing the abstract idea on a generic computer is not a practical application of the abstract idea. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims 1, 11 and 20 are directed to an abstract idea.
The claims 1, 11, and 20 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 elements of using the hub computing device/the hub portal, the processor, the display, the non-transitory computer-readable storage medium, the data collection component, the artificial intelligence engine, the external client databases, the CCN component, and the CCS health system to perform collecting, analyzing, extracting, applying, calculating, training, predicting, establishing, routing, developing, displaying, implementing, sending. And redistributing steps amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Therefore, the claims do not amount to significantly more than the recited abstract idea (Step 2B: NO). The claims 1, 11, and 20 are not patent eligible.
Claims 2-10 and 12-20, disclose insignificant helpful content to further describe content, such as a neural network, different beneficiaries/employers of this CCN, different external client information, data evaluation during treatment based on changes, the care plan budget achievement determination, a new ROI and timing of a new care plan calculation, different types of hardware and software for the artificial engine, ransomware- proof/quantum-safe IT security to provide encryption to relevant data, and any leftover money is used for further investment, which are merely descriptive content to further limit the abstract idea but not make it less abstract. Thus, the claims 2-10 and 12-20 are directed to an abstract idea.
This judicial exception is not integrated into a practical application because descriptive content in claims 2-10 and 12-20 further limit the abstract idea but not make it less abstract. Thus, the claims 2-10 and 12-20 are directed to an abstract idea.
There are no additional claim element limitations recited in the claims 2-10 and 12-20. Therefore, the claim does not amount to significantly more than the recited abstract idea (Step 2B: NO). The claims 2-10 and 12-20 are not patent eligible.
Conclusion
Please refer to form 892 for cited references.
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/ARIEL J YU/Primary Examiner, Art Unit 3627
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