DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice to Applicant
2. This communication is in response to the communication filed 5/29/2025. Claims 1-23 are currently pending.
Claim Rejections - 35 USC § 101
3. 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 therefore, subject to the conditions and requirements of this title.
3.1. Claims 1-23 are rejected under 35 U.S.C. § 101 because while the claims (1) are to a statutory category (i.e., process, machine, manufacture or composition of matter, the claims (2A1) recite an abstract idea (i.e., a law of nature, a natural phenomenon); (2A2) do not recite additional elements that integrate the abstract idea into a practical application; and (2B) are not directed to significantly more than the abstract idea itself.
In regard to (1), the claims are to a statutory category (i.e., statutory categories including a process, machine, manufacture or composition of matter). In particular, independent claims 1, 9 and 17, and their respective dependent claims are directed, in part, to systems and methods for determining customer/patient wait time.
In regard to (2A1), the claims, as a whole, recite and are directed to an abstract idea because the claims include one or more limitations that correspond to an abstract idea including mental processes and/or certain methods of organizing human activity which encompasses both certain activity of a single person, certain activity that involves multiple people, and certain activity between a person and a computer. For example, independent claims 1, 9 and 17, as a whole, are directed to determining a wait time for a user, such as a customer or patient, associated with at least one mobile device having a Bluetooth connection by detecting locations of the user, accessing a daily schedule of an administrator, comparing a real-time schedule with the daily schedule, identifying inconsistencies with the schedules, adjusting the schedules, etc. which are human activities and/or interactions and therefore, certain methods of organizing human activity which encompasses both certain activity of a single person, certain activity that involves multiple people, and certain activity between a person and a computer. The dependent claims include all of the limitations of their respective independent claims and thus are directed to the same abstract idea identified for the independent claims but further describe the elements and/or recite field of use limitations.
Furthermore, assuming arguendo, the claims are not directed to certain methods of organizing human activities, the claims, nevertheless, are directed to an abstract idea because the claims, except for certain limitations (* identified below in bold), under the broadest reasonable interpretation, can be reasonably and practically performed in the human mind and/or with pen and paper using observation, evaluation, judgment and/or opinion. That is, other than reciting the certain additional elements, nothing in the claims precludes the limitations from being practically performed in the mind and/or with pen and paper. For example, a person is capable of reasonably and practically detecting locations of the user, accessing a daily schedule of an administrator, comparing a real-time schedule with the daily schedule, identifying inconsistencies with the schedules, adjusting the schedules, etc. in their minds and/or with pen and paper using observation, evaluation, judgment and/or opinion.
CLAIM 1
A system for determining a wait time for a user associated with at least one mobile device having a Bluetooth connection, said system comprising:
at least one Bluetooth-enabled beacon device;
a first computer server;
a secure network;
at least one computer-readable memory storage unit, capable of storing instructions which, when activated by said user, cause said system to:
detect, via said at least one Bluetooth-enabled beacon device and said at least one mobile device having Bluetooth connection, one or more locations associated with said user by way of receiving a first signal from said at least one Bluetooth-enabled beacon device at said at least one mobile device having Bluetooth connection;
send a first communication from said at least one mobile device having Bluetooth connection to said first computer server in response to said first signal;
send a second communication from said first computer server to a second computer server in response to said first signal;
access, via said secure network, a daily schedule associated with a system administrator;
compare, via said second computer server, a real-time schedule with said daily schedule associated with said system administrator;
identify, via said second computer server, inconsistencies between said real-time schedule and said daily schedule;
adjust, via said second computer server, said daily schedule to align with said real-time schedule;
send a third communication to said first computer server and said at least one mobile device having Bluetooth connection;
store a plurality of daily schedule adjustments in a virtual cloud database; and
analyze, via a machine learning algorithm, said plurality of daily schedule adjustments in order to predict future scheduling adjustments.
CLAIM 2
The system of claim 1, wherein said first communication informs said first computer server of the location of said at least one mobile device having Bluetooth connection.
CLAIM 3
The system of claim 1, wherein said at least one Bluetooth-enabled beacon device tracks the location of said at least one mobile device having Bluetooth connection associated with said user.
CLAIM 4
The system of claim 1, wherein said third communication informs said first computer server and said at least one mobile device having Bluetooth connection of a change to said daily schedule based on said real-time schedule.
CLAIM 5
The system of claim 1, wherein said user is redirected to a third-party virtual calendar interface for cataloging a change to said daily schedule based on said real-time schedule.
CLAIM 6
The system of claim 1, wherein said at least one Bluetooth-enabled beacon device is placed in a specific location.
CLAIM 7
The system of claim 1, wherein a plurality of messages are triggered to send based on a location of said at least one mobile device having Bluetooth connection.
CLAIM 8
The system of claim 1, wherein said plurality of daily schedule adjustments are presented on a virtual dashboard accessible via a user interface accessible via said secure network.
CLAIM 9
A method for determining a wait time for a user associated with at least one mobile device having a Bluetooth connection, said method comprising:
detecting, via at least one Bluetooth-enabled beacon device and at least one mobile device having Bluetooth connection, a plurality of locations associated with said user by way of receiving a first signal from said at least one Bluetooth-enabled beacon device at said at least one mobile device having Bluetooth connection;
sending a first communication from said at least one mobile device having Bluetooth connection to a first computer server in response to said first signal;
sending a second communication from said first computer server to a second computer server in response to said first signal;
accessing, via a secure network, a daily schedule associated with a system administrator;
comparing, via said second computer server, a real-time schedule with said daily schedule associated with said system administrator;
identifying, via said second computer server, inconsistencies between said real-time schedule and said daily schedule;
adjusting, via said second computer server, said daily schedule to align with said real- time schedule;
sending a third communication to said first computer server and said at least one mobile device having Bluetooth connection;
storing a plurality of daily schedule adjustments in a virtual cloud database;
analyzing, via a machine learning algorithm, said plurality of daily schedule adjustments in order to predict future scheduling adjustments; and
presenting, on a user interface, a virtual dashboard configured to allow said system administrator to view said plurality of daily schedule changes.
CLAIM 10
The method of claim 9, wherein said first communication informs said first computer server of the location of said at least one mobile device having Bluetooth connection.
CLAIM 11
The method of claim 9, wherein said at least one Bluetooth-enabled beacon device tracks the location of said at least one mobile device having Bluetooth connection associated with said user.
CLAIM 12
The method of claim 9, wherein said third communication informs said first computer server and said at least one mobile device having Bluetooth connection of a change to said daily schedule based on said real-time schedule.
CLAIM 13
The method of claim 9, wherein said user is redirected to a third-party virtual calendar interface for cataloging a change to said daily schedule based on said real-time schedule.
CLAIM 14
The method of claim 9, wherein said at least one Bluetooth-enabled beacon device is placed in a specific location.
CLAIM 15
The method of claim 9, wherein a plurality of messages are triggered to send based on a location of said at least one mobile device having Bluetooth connection.
CLAIM 16
The method of claim 9, wherein said method further comprises redirecting, via said secure network, said system administrator to a third-party electronic medical record system for obtaining a medical record associated with said user.
CLAIM 17
A system for determining a wait time for a user associated with at least one mobile device having a Bluetooth connection, said system comprising:
at least one Bluetooth-enabled beacon device;
a first computer server;
a secure network;
at least one computer-readable memory storage unit, capable of storing instructions which, when activated by said user, cause said system to:
detect, via said at least one Bluetooth-enabled beacon device and said at least one mobile device having Bluetooth connection, a plurality of locations associated with said user by way of receiving a first signal from said at least one Bluetooth-enabled beacon device at said at least one mobile device having Bluetooth connection;
send a first communication from said at least one mobile device having Bluetooth connection to said first computer server in response to said first signal;
send a second communication from said first computer server to a second computer server in response to said first signal;
access, via said secure network, a daily schedule associated with a system administrator;
compare, via said second computer server, a real-time schedule with said daily schedule associated with said system administrator;
identify, via said second computer server, inconsistencies between said real-time schedule and said daily schedule;
adjust, via said second computer server, said daily schedule to align with said real-time schedule;
send a third communication to said first computer server and said at least one mobile device having Bluetooth connection;
store a plurality of daily schedule adjustments in a virtual cloud database;
analyze, via a machine learning algorithm, said plurality of daily schedule adjustments in order to predict future scheduling adjustments;
present, via a first user interface on said at least one mobile device having Bluetooth connection, a virtual user dashboard containing information regarding a schedule associated with said user;
present, via a second user interface on said second computer server, a virtual administration dashboard containing information regarding said plurality of schedule adjustments; and
redirect, via said secure network, said system administrator to a third-party electronic medical record system for obtaining a medical record associated with said user.
CLAIM 18
The system of claim 17, wherein said first communication informs said first computer server of the location of said at least one mobile device having Bluetooth connection.
CLAIM 19
The system of claim 17, wherein said at least one Bluetooth-enabled beacon device tracks the location of said at least one mobile device having Bluetooth connection associated with said user.
CLAIM 20
The system of claim 17, wherein said third communication informs said first computer server and said at least one mobile device having Bluetooth connection of a change to said daily schedule based on said real-time schedule.
CLAIM 21
The system of claim 17, wherein said user is redirected to a third-party virtual calendar interface for cataloging a change to said daily schedule based on said real-time schedule.
CLAIM 22
The system of claim 17, wherein said at least one Bluetooth-enabled beacon device is placed in a specific location.
CLAIM 23
The system of claim 17, wherein a plurality of messages are triggered to send based on a location of said at least one mobile device having Bluetooth connection.
* The limitations that are in bold are considered “additional elements” that are further analyzed below in subsequent steps of the 101 analysis. The limitations that are not in bold are abstract and/or can be reasonably and practically performed in the human mind and/or with pen paper.
In regards to (2A2), the claims do not recite additional elements that integrate the abstract idea into a practical application. The additional elements in the claims (i.e., * identified above in bold) do not integrate the abstract idea into a practical application because the additional elements merely add insignificant extra-solution activity to the abstract idea; merely link the use of the judicial exception to a particular technological environment or field of use; and/or simply append technologies and functions, specified at a high level of generality, to the abstract idea (i.e., the additional elements do not amount to more than a recitation of the words “apply it” (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer).
Here, the additional elements (e.g., one or more processors, an artificial intelligence engine, etc.) are recited at a high-level of generality such that it amounts to no more than mere instructions to apply the abstract idea using generic computer technologies. Moreover, the claims recite “cause said system to”, “via said secure network,” etc. devoid of any meaningful technological improvement details and thus, further evidence the additional elements are merely being used to leverage generic technologies to automate what otherwise could be done manually. Accordingly, the 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.
Furthermore, the additional elements do not recite improvements to the functioning of a computer, or to any other technology or technical field—the additional elements merely recite general purpose computer technology; the additional elements do not recite applying or using a judicial exception to effect a particular treatment or prophylaxis for disease or medical condition—there is no actual administration of a particular treatment; the additional elements do not recite applying the judicial exception with, or by use of, a particular machine—the additional elements merely recite general purpose computer technology; the additional elements do not recite limitations effecting a transformation or reduction of a particular article to a different state or thing—the additional elements do not recite transformation such as a rubber mold process; the additional elements do not recite applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment—the additional elements merely leverage general purpose computer technology to link the abstract idea to a technological environment.
In regards to (2B), the claims, individually, as a whole and in combination with one another, do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements or combination of elements in the claims, other than the abstract idea per se, amount to no more than a recitation of (A) a generic computer structure(s) that serves to perform computer functions that serve to merely link the abstract idea to a particular technological environment (i.e., computers); and/or (B) functions that are well-understood, routine, and conventional activities previously known to the pertinent industry. Here, as discussed above with respect to integration of the abstract idea into a practical application, the additional elements fall under (A), that is, the additional elements amount to no more than mere instructions to apply the exception using generic computer technologies. Mere instructions to apply an exception using generic computer technologies cannot provide an inventive concept.
Moreover, paragraphs [0058]-[0059] of applicant's specification (US 2025/0308682) recites that the system/method is implemented using general purpose personal computers including personal computers and/or laptop computers running a standard operating system), cell phones or PDAs which are well-known general purpose or generic-type computers and/or technologies. The use of generic computer components recited at a high level of generality to process information through an unspecified processor/computer does not impose any meaningful limit on the computer implementation of the abstract idea. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). 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 or improves any other technology. Their collective functions merely provide conventional computer implementation.
Furthermore, the additional elements are merely well-known general purpose computers, components and/or technologies that receive, transmit, store, display, generate and otherwise process information which are akin to functions that courts consider well-understood, routine, and conventional activities previously known to the pertinent industry, such as, performing repetitive calculations; receiving or transmitting data over a network; electronic recordkeeping; retrieving and storing information in memory; and sorting information (See, for example, MPEP § 2106).
Therefore, the claims are not patent-eligible under 35 U.S.C. § 101.
Claim Rejections - 35 USC § 103
4. 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.
x. Claims 1-23 are rejected under 35 U.S.C. 103 as being unpatentable over Sanderford et al. (US 2017/0124526), in view of Tompkins et al (US 10726394).
CLAIM 1
Sanderford teaches a system for determining a wait time for a user associated with at least one mobile device having a Bluetooth connection (Sanderford: abstract), said system comprising:
at least one Bluetooth-enabled beacon device (Sanderford: abstract; ¶¶ [0106]-[0107] “Bluetooth beacon is configured to perform a close proximity (5-10′ ft) digital ‘handshake’, which yields high proximity-temporal accuracy-reliability”; FIG. 1A);
a first computer server (Sanderford: abstract; ¶¶ [0073] “processing circuitry 1400 including a server 1430”; FIGS. 1-A-1F);
a secure network (Sanderford: abstract; ¶¶ [0098]-[0099], [0085]-[0087]; FIGS. 1A-1G);
at least one computer-readable memory storage unit, capable of storing instructions which, when activated by said user, cause said system to (Sanderford: abstract; ¶¶ [0073]-[0074]; Claim 16; FIGS. 1A-1G):
detect, via said at least one Bluetooth-enabled beacon device and said at least one mobile device having Bluetooth connection, one or more locations associated with said user by way of receiving a first signal from said at least one Bluetooth-enabled beacon device at said at least one mobile device having Bluetooth connection (Sanderford: abstract; ¶¶ [0106], [0121] “patient devices to detect the beacons based on a signal strength. In an example, a virtual zone can be established by assigning a beacon to each patient and installing a sensor system (e.g. gateway, beacon detector) in each room that can be triggered upon entry of each patient or provider”, [0127] “the stationary device 1420, or the patient device 1414 communicating with the stationary device 1420 mounted/located in the exam room can be used to determine the patient is in the assigned exam room”, [0200]-[0201]; FIGS. 10A);
send a first communication from said at least one mobile device having Bluetooth connection to said first computer server in response to said first signal (Sanderford: abstract; ¶¶ [0106], [0121] “patient devices to detect the beacons based on a signal strength. In an example, a virtual zone can be established by assigning a beacon to each patient and installing a sensor system (e.g. gateway, beacon detector) in each room that can be triggered upon entry of each patient or provider”, [0127] “the stationary device 1420, or the patient device 1414 communicating with the stationary device 1420 mounted/located in the exam room can be used to determine the patient is in the assigned exam room”, [0200]-[0201]; FIGS. 10A);
send a second communication from said first computer server to a second computer server in response to said first signal (Sanderford: abstract; ¶¶ [0106], [0121] “patient devices to detect the beacons based on a signal strength. In an example, a virtual zone can be established by assigning a beacon to each patient and installing a sensor system (e.g. gateway, beacon detector) in each room that can be triggered upon entry of each patient or provider”, [0127] “the stationary device 1420, or the patient device 1414 communicating with the stationary device 1420 mounted/located in the exam room can be used to determine the patient is in the assigned exam room”, [0200]-[0201]; FIGS. 10A);
access, via said secure network, a daily schedule associated with a system administrator (Sanderford: abstract; ¶¶ [0072] “schedule database 1100 includes an ordered list 1110 for maintaining order of the appointment timing 2100 for the one or more patient appointments or appointments in a given day”; FIGS. 1A-2A);
compare, via said second computer server, a real-time schedule with said daily schedule associated with said system administrator (Sanderford: abstract; ¶¶ [0005], [0142] “a comparison between the predicted timing and actual timing (S4200), to assign a revised predicted timing based on the computed comparison (S4300), to replace the existing appointment timing with the revised predicted timing”; FIGS. 4A);
identify, via said second computer server, inconsistencies between said real-time schedule and said daily schedule (Sanderford: abstract; ¶¶ [0005], [0142] “a comparison between the predicted timing and actual timing (S4200), to assign a revised predicted timing based on the computed comparison (S4300), to replace the existing appointment timing with the revised predicted timing”; FIGS. 4A);
adjust, via said second computer server, said daily schedule to align with said real-time schedule (Sanderford: abstract; ¶¶ [0005], [0142] “a comparison between the predicted timing and actual timing (S4200), to assign a revised predicted timing based on the computed comparison (S4300), to replace the existing appointment timing with the revised predicted timing”, [0218]; FIGS. 4A);
send a third communication to said first computer server and said at least one mobile device having Bluetooth connection (Sanderford: abstract; ¶¶ [0142] “notify affected patients of the scheduled time or subsequent change to the appointment timing (S4600)”; FIGS. 4A);
store a plurality of daily schedule adjustments in a virtual database (Sanderford: abstract; ¶¶ [0072] “a network 1200 configured for communication between other scheduling system components including a schedule database”; FIGS. 1-A-1D); and
analyze, via a machine learning algorithm, said plurality of daily schedule adjustments in order to predict future scheduling adjustments (Sanderford: abstract; ¶¶ [0142] “compute a comparison between the predicted timing and actual timing (S4200), to assign a revised predicted timing based on the computed comparison (S4300), to replace the existing appointment timing with the revised predicted timing in the ordered list (S4400), to re-tack the ordered list (S4500), to notify affected patients of the scheduled time or subsequent change to the appointment timing (S4600), and to store the actual appointment timing, the appointment type, and any information collected during the appointment, to improve future predictions of the appointment timing (S4700)”, [0196], [0283] ; FIGS. 4A).
Sanderford does not appear to explicitly teach the following:
virtual cloud database.
Tompkins, however, teaches the following:
a virtual cloud database (Tompkins: abstract; col. 9, lns. 33-63 The system includes a medical appointment scheduling data store in a cloud computing infrastructure.; FIGS. 1-2).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the system and method for scheduling appointments using a virtual cloud database, as taught by Tompkins, with the system and method for scheduling patient appointments, as taught by Sanderford, with the motivation of providing an optimizing scheduling system (Tompkins: col. 1, ln. 15-col. 2, ln. 31).
CLAIM 2
Sanderford teaches the system of claim 1, wherein said first communication informs said first computer server of the location of said at least one mobile device having Bluetooth connection (Sanderford: abstract; ¶¶ [0077]-[0078] “device updates the scheduling system 1000 on the one or more provider's locations using the one or more sensor systems” and “device 1414 updates the scheduling system 1000 with a patient location 2220 using the one or more sensor systems”, [0099] “wireless network can also be WiFi, Bluetooth, or any other wireless form of communication that is known”; FIGS. 1A-1G).
CLAIM 3
Sanderford teaches the system of claim 1, wherein said at least one Bluetooth-enabled beacon device tracks the location of said at least one mobile device having Bluetooth connection associated with said user (Sanderford: abstract; ¶¶ [0077]-[0078] “device updates the scheduling system 1000 on the one or more provider's locations using the one or more sensor systems” and “device 1414 updates the scheduling system 1000 with a patient location 2220 using the one or more sensor systems”, [0099] “wireless network can also be WiFi, Bluetooth, or any other wireless form of communication that is known”, [0118]-[0120]; FIGS. 1A-1G).
CLAIM 4
Sanderford teaches the system of claim 1, wherein said third communication informs said first computer server and said at least one mobile device having Bluetooth connection of a change to said daily schedule based on said real-time schedule (Sanderford: abstract; ¶¶ [0142] “notify affected patients of the scheduled time or subsequent change to the appointment timing (S4600)”, [0099]; FIGS. 4A).
CLAIM 5
Sanderford teaches the system of claim 1, wherein said user is redirected to a third-party virtual calendar interface for cataloging a change to said daily schedule based on said real-time schedule (Sanderford: abstract; ¶¶ [0074] “device 1420 can include a web app that is configured to update the scheduling system 1000 on the appointment state and a patient status”, [0077] “”, [0210] “appointment request initiates a search, based on the appointment request dataset, through a multiplicity of encrypted links via the API 1490 into multiple third party servers and databases”; FIGS. 1A-1G, 12A).
CLAIM 6
Sanderford teaches the system of claim 1, wherein said at least one Bluetooth-enabled beacon device is placed in a specific location (Sanderford: abstract; ¶¶ [0200]-[0207]; FIGS. 10A-11C).
CLAIM 7
Sanderford teaches the system of claim 1, wherein a plurality of messages are triggered to send based on a location of said at least one mobile device having Bluetooth connection (Sanderford: abstract; ¶¶ [0113] “sensor system 1300 will sense that the patient has left proximity to the provider's office and trigger the processing circuitry 1400 to send the patient an appointment survey”, [0114] “sensor system 1300 is used to trigger a notification of the patient's arrival to the office and to provide a digital copy of the patient's check-in paperwork” and “sensor system 1300 will track a patient's distance from the appointment location 1135 and notify the provider device 1412 when the patient is expected to be late”; FIGS. 12B, 12C, 14B, 21B).
CLAIM 8
Sanderford teaches the system of claim 1, wherein said plurality of daily schedule adjustments are presented on a virtual dashboard accessible via a user interface accessible via said secure network (Sanderford: abstract; ¶¶ [0084], [0248]-[0249]; FIGS. 2A, 2E, 17).
CLAIMS 9-15
Claims 9-15 repeat substantially the same limitations as those in claims 1-8. As such, claims 9-15 are rejected for substantially the same reasons given for claims 1-8 and are incorporated herein.
CLAIM 16
Sanderford teaches the method of claim 9, wherein said method further comprises redirecting, via said secure network, said system administrator to a third-party electronic medical record system for obtaining a medical record associated with said user (Sanderford: abstract; ¶¶ [0068]-[0070] “scheduling of patient appointments requires access to confidential, legally protected, and sensitive information spread among different providers and third party proprietary database systems”, [0210], [0219] “scheduling system 1000 accesses a combination of otherwise unavailable data including data from multiple provider's offices, multiple EMR providers, multiple third party patients”; FIGS. 1A-1G, 12A).
CLAIMS 17-23
Claims 17-23 repeat substantially the same limitations as those in claims 1-8 and 16. As such, claims 17-23 are rejected for substantially the same reasons given for claims 1-8 and 16 and are incorporated herein.
Double Patenting
5. 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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
5.1. Claims 1-23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 12,340,898. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim(s) is/are either anticipated by, or would have been obvious over, the reference claim(s) because all of the limitations of claims 1-23 of instant pending patent application 19/221803 correspond to limitations recited in claims 1-23 of U.S. Patent 12,340,898. The difference between the instant application claims and the patent claims lies in the fact that the patent claim includes more elements and is thus more specific. Thus, the invention of the patent claims is in effect a “species” of the “generic” invention of the instant application claims. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). As such, because instant application claims are anticipated by the patent claims, the instant application claims are not patentably distinct from the patent claims. Moreover, any claim limitation differences are not substantively significant and/or are obvious under a broad and reasonable interpretation, as detailed in the comparison chart below.
PENDING CLAIMS (19/221803)
US PATENT 12,340,898
CLAIM 1
A system for determining a wait time for a user associated with at least one mobile device having a Bluetooth connection, said system comprising:
at least one Bluetooth-enabled beacon device;
a first computer server;
a secure network;
at least one computer-readable memory storage unit, capable of storing instructions which, when activated by said user, cause said system to:
detect, via said at least one Bluetooth-enabled beacon device and said at least one mobile device having Bluetooth connection, one or more locations associated with said user by way of receiving a first signal from said at least one Bluetooth-enabled beacon device at said at least one mobile device having Bluetooth connection;
send a first communication from said at least one mobile device having Bluetooth connection to said first computer server in response to said first signal;
send a second communication from said first computer server to a second computer server in response to said first signal;
access, via said secure network, a daily schedule associated with a system administrator;
compare, via said second computer server, a real-time schedule with said daily schedule associated with said system administrator;
identify, via said second computer server, inconsistencies between said real-time schedule and said daily schedule;
adjust, via said second computer server, said daily schedule to align with said real-time schedule;
send a third communication to said first computer server and said at least one mobile device having Bluetooth connection; store a plurality of daily schedule adjustments in a virtual cloud database; and
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analyze, via a machine learning algorithm, said plurality of daily schedule adjustments in order to predict future scheduling adjustments.
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CLAIM 1
A system for determining a wait time for a user associated with at least one mobile device having a Bluetooth connection, said system comprising:
at least one Bluetooth-enabled beacon device;
a first computer server;
a secure network;
at least one computer-readable memory storage unit, capable of storing instructions which, when activated by said user, cause said system to:
detect, via said at least one Bluetooth-enabled beacon device and said at least one mobile device having Bluetooth connection, one or more locations associated with said user by way of receiving a first signal from said at least one Bluetooth-enabled beacon device at said at least one mobile device having Bluetooth connection;
send a first communication from said at least one mobile device having Bluetooth connection to said first computer server in response to said first signal;
send a second communication from said first computer server to a second computer server in response to said first signal;
access, via said secure network, a daily schedule associated with a system administrator;
compare, via said second computer server, a real-time schedule with said daily schedule associated with said system administrator;
identify, via said second computer server, inconsistencies between said real-time schedule and said daily schedule;
adjust, via said second computer server, said daily schedule based on one or more of a stored plurality of daily schedule adjustments and said real-time schedule;
send a third communication to said first computer server and said at least one mobile device having Bluetooth connection;
update said stored plurality of daily schedule adjustments in a virtual cloud database;
monitor signal strength of said at least one Bluetooth-enabled beacon device; and
adjust settings associated with said at least one Bluetooth-enabled beacon device based on the monitored signal strength of said at least one Bluetooth-enabled beacon device, said settings comprising at least one or more of a minimum number of seconds of receipt of said first signal required for said user to be associated with said location, a minimum number of consecutive pings required for said user to be associated with said location, a weak first signal floor, a maximum first signal ceiling, a number of minutes for ranging timeout, a number of minutes after user checkout to stop tracking said user, and a number of minutes after no ranging to user checkout, where the adjusted settings affect a location resolution algorithm to optimize or minimize Bluetooth-enabled beacon device processing or transmitted data size requirements for Bluetooth ranging code.
Claim 1 does not explicitly teach “analyze, via a machine learning algorithm, said plurality of daily schedule adjustments in order to predict future scheduling adjustments”. Sanderford, however, teaches this limitation (See, for example, Sanderford: [0142], [0196], [0283] ; FIGS. 4A). It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to include the aforementioned features, as taught by Sanderford with Claim 1 with the motivation of facilitating appointment scheduling and adaptive reallocation of resources (Sanderford: ¶¶ [0002]-[0005]).
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CLAIM 2
The system of claim 1, wherein said first communication informs said first computer server of the location of said at least one mobile device having Bluetooth connection.
CLAIM 2
The system of claim 1, wherein said first communication informs said first computer server of the location of said at least one mobile device having Bluetooth connection, where the location comprises whether and where said at least one mobile device is on a premises.
CLAIM 3
The system of claim 1, wherein said at least one Bluetooth-enabled beacon device tracks the location of said at least one mobile device having Bluetooth connection associated with said user.
CLAIM 3
The system of claim 1, wherein said at least one Bluetooth-enabled beacon device tracks the location of said at least one mobile device having Bluetooth connection associated with said user.
CLAIM 4
The system of claim 1, wherein said third communication informs said first computer server
and said at least one mobile device having Bluetooth connection of a change to said daily
schedule based on said real-time schedule.
CLAIM 4
The system of claim 1, wherein said third communication informs said first computer server and said at least one mobile device having Bluetooth connection of a change to said daily schedule based on said real-time schedule.
CLAIM 5
The system of claim 1, wherein said user is redirected to a third-party virtual calendar interface for cataloging a change to said daily schedule based on said real-time schedule.
CLAIM 5
The system of claim 1, wherein said user is redirected to a third-party virtual calendar interface for cataloging a change to said daily schedule based on said real-time schedule.
CLAIM 6
The system of claim 1, wherein said at least one Bluetooth-enabled beacon device is placed in a specific location.
CLAIM 6
The system of claim 1, wherein said at least one Bluetooth-enabled beacon device is placed in a specific location.
CLAIM 7
The system of claim 1, wherein a plurality of messages are triggered to send based on a location of said at least one mobile device having Bluetooth connection.
CLAIM 7
The system of claim 1, wherein a plurality of messages are triggered to send based on a location of said at least one mobile device having Bluetooth connection.
CLAIM 8
The system of claim 1, wherein said plurality of daily schedule adjustments are presented on a virtual dashboard accessible via a user interface accessible via said secure network.
CLAIM 8
The system of claim 1, wherein said plurality of daily schedule adjustments are presented on a virtual dashboard accessible via a user interface accessible via said secure network.
CLAIM 9
A method for determining a wait time for a user associated with at least one mobile device having a Bluetooth connection, said method comprising:
detecting, via at least one Bluetooth-enabled beacon device and at least one mobile device having Bluetooth connection, a plurality of locations associated with said user by way of receiving a first signal from said at least one Bluetooth-enabled beacon device at said at least one mobile device having Bluetooth connection;
sending a first communication from said at least one mobile device having Bluetooth connection to a first computer server in response to said first signal;
sending a second communication from said first computer server to a second computer server in response to said first signal;
accessing, via a secure network, a daily schedule associated with a system administrator;
comparing, via said second computer server, a real-time schedule with said daily schedule associated with said system administrator;
identifying, via said second computer server, inconsistencies between said real-time schedule and said daily schedule;
adjusting, via said second computer server, said daily schedule to align with said real-time schedule;
sending a third communication to said first computer server and said at least one mobile device having Bluetooth connection;
storing a plurality of daily schedule adjustments in a virtual cloud database;
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analyzing, via a machine learning algorithm, said plurality of daily schedule adjustments in order to predict future scheduling adjustments; and
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presenting, on a user interface, a virtual dashboard configured to allow said system administrator to view said plurality of daily schedule changes.
CLAIM 9
A method for determining a wait time for a user associated with at least one mobile device having a Bluetooth connection, said method comprising:
detecting, via at least one Bluetooth-enabled beacon device and at least one mobile device having Bluetooth connection, a plurality of locations associated with said user by way of receiving a first signal from said at least one Bluetooth-enabled beacon device at said at least one mobile device having Bluetooth connection;
sending a first communication from said at least one mobile device having Bluetooth connection to a first computer server in response to said first signal;
sending a second communication from said first computer server to a second computer server in response to said first signal;
accessing, via a secure network, a daily schedule associated with a system administrator;
comparing, via said second computer server, a real-time schedule with said daily schedule associated with said system administrator;
identifying, via said second computer server, inconsistencies between said real-time schedule and said daily schedule;
adjusting, via said second computer server, said daily schedule based on one or more of a stored plurality of daily schedule adjustments and said real-time schedule;
sending a third communication to said first computer server and said at least one mobile device having Bluetooth connection;
updating said stored plurality of daily schedule adjustments in a virtual cloud database;
monitoring signal strength of said at least one Bluetooth-enabled beacon device;
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Claim 9 does not explicitly teach “analyze, via a machine learning algorithm, said plurality of daily schedule adjustments in order to predict future scheduling adjustments”. Sanderford, however, teaches this limitation (See, for example, Sanderford: [0142], [0196], [0283] ; FIGS. 4A). It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to include the aforementioned features, as taught by Sanderford with Claim 9 with the motivation of facilitating appointment scheduling and adaptive reallocation of resources (Sanderford: ¶¶ [0002]-[0005]).
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presenting, on a user interface, a virtual dashboard configured to allow said system administrator to view said plurality of daily schedule changes; and
adjusting settings associated with said at least one Bluetooth-enabled beacon device based on the monitored signal strength of said at least one Bluetooth-enabled beacon device, said settings comprising at least one or more of a minimum number of seconds of receipt of said first signal required for said user to be associated with one of said plurality of locations, a minimum number of consecutive pings required for said user to be associated with one of said plurality of locations, a weak first signal floor, a maximum first signal ceiling, a number of minutes for ranging timeout, a number of minutes after user checkout to stop tracking said user, and a number of minutes after no ranging to user checkout, where the adjusted settings affect a location resolution algorithm to optimize or minimize Bluetooth-enabled beacon device processing or transmitted data size requirements for Bluetooth ranging code.
CLAIM 10
The method of claim 9, wherein said first communication informs said first computer server
of the location of said at least one mobile device having Bluetooth connection.
CLAIM 10
The method of claim 9, wherein said first communication informs said first computer server of the location of said at least one mobile device having Bluetooth connection, where the location comprises whether and where said at least one mobile device is on a premises.
CLAIM 11
The method of claim 9, wherein said at least one Bluetooth-enabled beacon device tracks the location of said at least one mobile device having Bluetooth connection associated with said user.
CLAIM 11
The method of claim 9, wherein said at least one Bluetooth-enabled beacon device tracks the location of said at least one mobile device having Bluetooth connection associated with said user.
CLAIM 12
The method of claim 9, wherein said third communication informs said first computer server and said at least one mobile device having Bluetooth connection of a change to said daily schedule based on said real-time schedule.
CLAIM 12
The method of claim 9, wherein said third communication informs said first computer server and said at least one mobile device having Bluetooth connection of a change to said daily schedule based on said real-time schedule.
CLAIM 13
The method of claim 9, wherein said user is redirected to a third-party virtual calendar interface for cataloging a change to said daily schedule based on said real-time schedule.
CLAIM 13
The method of claim 9, wherein said user is redirected to a third-party virtual calendar interface for cataloging a change to said daily schedule based on said real-time schedule.
CLAIM 14
The method of claim 9, wherein said at least one Bluetooth-enabled beacon device is placed in a specific location.
CLAIM 14
The method of claim 9, wherein said at least one Bluetooth-enabled beacon device is placed in a specific location.
CLAIM 15
The method of claim 9, wherein a plurality of messages are triggered to send based on a location of said at least one mobile device having Bluetooth connection.
CLAIM 15
The method of claim 9, wherein a plurality of messages are triggered to send based on a location of said at least one mobile device having Bluetooth connection.
CLAIM 16
The method of claim 9, wherein said method further comprises redirecting, via said secure network, said system administrator to a third-party electronic medical record system for obtaining a medical record associated with said user.
CLAIM 16
The method of claim 9, wherein said method further comprises redirecting, via said secure network, said system administrator to a third-party electronic medical record system for obtaining a medical record associated with said user.
CLAIM 17
A system for determining a wait time for a user associated with at least one mobile device having a Bluetooth connection, said system comprising:
at least one Bluetooth-enabled beacon device;
a first computer server;
a secure network;
at least one computer-readable memory storage unit, capable of storing instructions which, when activated by said user, cause said system to:
detect, via said at least one Bluetooth-enabled beacon device and said at least one mobile device having Bluetooth connection, a plurality of locations associated with said user by way of receiving a first signal from said at least one Bluetooth-enabled beacon device at said at least one mobile device having Bluetooth connection;
send a first communication from said at least one mobile device having Bluetooth connection to said first computer server in response to said first signal;
send a second communication from said first computer server to a second computer server in response to said first signal;
access, via said secure network, a daily schedule associated with a system administrator;
compare, via said second computer server, a real-time schedule with said daily schedule associated with said system administrator;
identify, via said second computer server, inconsistencies between said real-time schedule and said daily schedule;
adjust, via said second computer server, said daily schedule to align with said real-time schedule;
send a third communication to said first computer server and said at least one mobile device having Bluetooth connection;
store a plurality of daily schedule adjustments in a virtual cloud database;
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analyze, via a machine learning algorithm, said plurality of daily schedule adjustments in order to predict future scheduling adjustments;
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present, via a first user interface on said at least one mobile device having Bluetooth connection, a virtual user dashboard containing information regarding a schedule associated with said user;
present, via a second user interface on said second computer server, a virtual administration dashboard containing information regarding said plurality of schedule adjustments; and
redirect, via said secure network, said system administrator to a third-party electronic medical record system for obtaining a medical record associated with said user.
CLAIM 17
A system for determining a wait time for a user associated with at least one mobile device having a Bluetooth connection, said system comprising:
at least one Bluetooth-enabled beacon device;
a first computer server;
a secure network;
at least one computer-readable memory storage unit, capable of storing instructions which, when activated by said user, cause said system to:
detect, via said at least one Bluetooth-enabled beacon device and said at least one mobile device having Bluetooth connection, a plurality of locations associated with said user by way of receiving a first signal from said at least one Bluetooth-enabled beacon device at said at least one mobile device having Bluetooth connection;
send a first communication from said at least one mobile device having Bluetooth connection to said first computer server in response to said first signal;
send a second communication from said first computer server to a second computer server in response to said first signal;
access, via said secure network, a daily schedule associated with a system administrator;
compare, via said second computer server, a real-time schedule with said daily schedule associated with said system administrator;
identify, via said second computer server, inconsistencies between said real-time schedule and said daily schedule;
adjust, via said second computer server, said daily schedule based on one or more of a stored plurality of daily schedule adjustments and with said real-time schedule;
send a third communication to said first computer server and said at least one mobile device having Bluetooth connection;
update said stored plurality of daily schedule adjustments in a virtual cloud database;
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Claim 17 does not explicitly teach “analyze, via a machine learning algorithm, said plurality of daily schedule adjustments in order to predict future scheduling adjustments”. Sanderford, however, teaches this limitation (See, for example, Sanderford: [0142], [0196], [0283] ; FIGS. 4A). It would have been obvious to one of ordinary skill in the art, before the effective filling date of the claimed invention, to include the aforementioned features, as taught by Sanderford with Claim 17 with the motivation of facilitating appointment scheduling and adaptive reallocation of resources (Sanderford: ¶¶ [0002]-[0005]).
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monitor signal strength of said at least one Bluetooth-enabled beacon device;
present, via a first user interface on said at least one mobile device having Bluetooth connection, a virtual user dashboard containing information regarding a schedule associated with said user;
present, via a second user interface on said second computer server, a virtual administration dashboard containing information regarding said plurality of schedule adjustments; and
redirect, via said secure network, said system administrator to a third-party electronic medical record system for obtaining a medical record associated with said user; and
adjust settings associated with said at least one Bluetooth-enabled beacon device based on the monitored signal strength of said at least one Bluetooth-enabled beacon device, said settings comprising at least one or more of a minimum number of seconds of receipt of said first signal required for said user to be associated with one of said plurality of locations, a minimum number of consecutive pings required for said user to be associated with one of said plurality of locations, a weak first signal floor, a maximum first signal ceiling, a number of minutes for ranging timeout, a number of minutes after user checkout to stop tracking said user, and a number of minutes after no ranging to user checkout, where the adjusted settings affect a location resolution algorithm to optimize or minimize Bluetooth-enabled beacon device processing or transmitted data size requirements for Bluetooth ranging code.
CLAIM 18
The system of claim 17, wherein said first communication informs said first computer server of the location of said at least one mobile device having Bluetooth connection.
CLAIM 18
The system of claim 17, wherein said first communication informs said first computer server of the location of said at least one mobile device having Bluetooth connection, where the location comprises whether and where said at least one mobile device is on a premises.
CLAIM 19
The system of claim 17, wherein said at least one Bluetooth-enabled beacon device tracks the location of said at least one mobile device having Bluetooth connection associated with said user.
CLAIM 19
The system of claim 17, wherein said at least one Bluetooth-enabled beacon device tracks the location of said at least one mobile device having Bluetooth connection associated with said user.
CLAIM 20
The system of claim 17, wherein said third communication informs said first computer server and said at least one mobile device having Bluetooth connection of a change to said daily
schedule based on said real-time schedule.
CLAIM 20
The system of claim 17, wherein said third communication informs said first computer server and said at least one mobile device having Bluetooth connection of a change to said daily schedule based on said real-time schedule.
CLAIM 21
The system of claim 17, wherein said user is redirected to a third-party virtual calendar interface for cataloging a change to said daily schedule based on said real-time schedule.
CLAIM 21
The system of claim 17, wherein said user is redirected to a third-party virtual calendar interface for cataloging a change to said daily schedule based on said real-time schedule.
CLAIM 22
The system of claim 17, wherein said at least one Bluetooth-enabled beacon device is placed in a specific location.
CLAIM 22
The system of claim 17, wherein said at least one Bluetooth-enabled beacon device is placed in a specific location.
CLAIM 23
The system of claim 17, wherein a plurality of messages are triggered to send based on a location of said at least one mobile device having Bluetooth connection.
CLAIM 23
The system of claim 17, wherein a plurality of messages are triggered to send based on a location of said at least one mobile device having Bluetooth connection.
Relevant Non-Cited Prior Art
6. The following discovered prior art was not cited in this rejection but may be relevant:
Gounares et al. (US 2009/0164236) – Smarter Scheduling For Medical Facilities And Physicians – discloses a dynamic scheduling component that automatically adjusts schedules; also includes a calendar, a virtual cloud database, and a neural network
Sessoms et al. (US 2016/0055445) – Methods And Apparatus For Interactive Workflow For Patient Scheduling – discloses adjusting a workflow schedule and a virtual cloud-based storage
Vegas Santiago et al. (US 2020/0160984) – Workflow Predictive Analytics Engine – discloses using machine learning to make appointment/schedule adjustment predictions
Gaddam et al. (US 2023/0122399) – Machine Learning Techniques For Performing Optimized Scheduling Operations – discloses optimizing scheduling using machine learning prediction techniques
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Tomaszewski whose telephone number is (313)446-4863. The examiner can normally be reached M-F 5:30 am - 2:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter H Choi can be reached at (469) 295-9171. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL TOMASZEWSKI/Primary Examiner, Art Unit 3681
Prosecution Insights