DETAILED ACTION
1. This is a Non-Final Office Action Correspondence in response to U.S. Application No. 19/245798 filed on June 23, 2025.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
3. 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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
4. Claims 1 – 20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 – 20 of U.S. Patent No. 12,386,860 (here as ‘Patent 860’). Although the conflicting claims are not identical, they are not patentably distinct from each other because both applications discuss querying data stores for values.
This is an obviousness-type double patenting rejection because the conflicting claims have been patented.
U.S. Patent Application: 19,245,798
U.S. Patent: 12,386,860
1
1
11
3
20
9
As to claim 1 Patent 860 teaches a computer-implemented method comprising:
generating, by one or more processors and based at least in part on a multi-dimensional evaluation of a plurality of values of a multi-dimensional data object, a classification for the multi-dimensional data object, wherein the multi-dimensional evaluation comprises (Patent 860 teaches receiving, by one or more processors, a multi-dimensional data object having a plurality of values corresponding to a plurality of respective dimensions of a medical encounter);
querying a first data store of one or more data stores each comprising one or more reference code tables storing a different plurality of code character strings, wherein querying the first data store comprises providing to the first data store a first value of the plurality of values and a first request for the first data store to return a first response indicating whether the first value is present in a first reference code table of the one or more reference code tables (Patent 860 teaches generating, by the one or more processors and based at least in part on a multi- dimensional evaluation of the plurality of values of the multi-dimensional data object, a classification for the multi-dimensional data object, wherein the multi-dimensional evaluation comprises: generating and submitting a first query for a first data store of one or more data stores, wherein (1) each data store of the one or more data stores comprises one or more reference code tables, each reference code table of the one or more reference code tables stores storing a different plurality of code character strings, and (2) the first query (a) comprises a first value of the plurality of values, and (b) is for the first data store to (i) determine whether the first value is present in a first reference code table of the one or more reference code tables of the first data store, and (ii) provide a first response indicating whether the first value is present in the first reference code table of the first data store);
responsive to receiving the first response indicating that the first value is present in the first reference code table of the first data store, (1) determining a first classification for the first value and (2) querying a second data store of the one or more data stores, wherein querying the second data store comprises providing the second data store a second value of the plurality of values and a second request for the second data store to return a second response indicating whether the second value is present in a second reference code table of the one or more reference code tables of the second data store (Patent 860 teaches responsive to receiving the first response for the first query indicating that the first value is present in the first reference code table of the first data store, (1) determining a first classification for the first value of the plurality of values that indicates whether the medical encounter is emergent, (2) storing the first classification, and (3) generating and submitting a second query for a second data store of the one or more data stores, wherein the second query (a) comprises a second value of the plurality of values, and (b) is for the second data store to (i) determine whether the second value is present in a second reference code table of the one or more reference code tables of the second data store and (ii) provide a second response indicating whether the second value is present in the second reference code table of the second data store);
responsive to receiving the second response indicating that the second value is present in the second reference code table of the second data store;
and generating the classification based at least in part on the first classification and the second classification (Patent 860 teaches responsive to receiving the second response for the second query indicating that the second value is present in the second reference code table of the second data store, (1) determining a second classification for the second value of the plurality of values that indicates whether the medical encounter is emergent and (2) storing the second classification, wherein the first data store stores first data associated with a first dimension of the plurality of respective dimensions and the second data store stores second data associated with a second dimension of the plurality of respective dimensions that is different from the first dimension; and generating the classification based at least in part on the first classification and the second classification; storing, by the one or more processors, the classification);
and executing, by the one or more processors, a classification-based action based at least in part on the classification, wherein the classification-based action comprises at least one of (i) generating and providing a notification comprising an indication of the classification, (ii) providing the multi-dimensional data object to a user for further evaluation, (iii) further processing the multi-dimensional data object to determine a sub-classification, or (iv) modifying the classification (Patent 860 teaches and executing, by the one or more processors, a classification-based action based at least in part on the classification, wherein the classification-based action comprises at least one of (i) generating and providing a notification comprising an indication of the classification, (ii) providing the multi-dimensional data object to a user for further evaluation, (iii) further processing the multi-dimensional data object to determine a sub-classification, or (iv) modifying the classification).
The main different between Patent Application 19/245798 and Patent 860 is Patent 904 contains the
“responsive to receiving the first response for the first query indicating that the first value is present in the first reference code table of the first data store, (1) determining a first classification for the first value of the plurality of values that indicates whether the medical encounter is emergent, (2) storing the first classification, and (3) generating and submitting a second query for a second data store of the one or more data stores, wherein the second query (a) comprises a second value of the plurality of values, and (b) is for the second data store to (i) determine whether the second value is present in a second reference code table of the one or more reference code tables of the second data store, and (ii) provide a second response indicating whether the second value is present in the second reference code table of the second data store; responsive to receiving the second response for the second query indicating that the second value is present in the second reference code table of the second data store, (1) determining a second classification for the second value of the plurality of values that indicates whether the medical encounter is emergent and (2) storing the second classification, wherein the first data store stores first data associated with a first dimension of the plurality of respective dimensions and the second data store stores second data associated with a second dimension of the plurality of respective dimensions that is different from the first dimension”.
Independent claims 11 and 20 recite similar language.
Conclusion
4. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Schneider discloses apparatuses, systems, and techniques to accelerate training of one or more neural networks. In at least one embodiment, training values for individual nodes in a first neural network are estimated using a second neural network or other estimation technique in order to decrease time required to train the first neural network.
Brandon discloses apparatuses the present invention provides a method of determining the status of a subject. In particular, this is achieved by obtaining subject data including respective values for each of a number of parameters, the parameter values being indicative of the current biological status of the subject. The subject data is compared to predetermined data which includes values for at least some of the parameters and an indication of the condition. The status of the subject, and in particular, the presence and/or absence of the one or more conditions, can then be determined in accordance with the results of the comparison.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERMAINE A MINCEY whose telephone number is (571)270-5010. The examiner can normally be reached 8am EST until 5pm EST.
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, Ann J Lo can be reached at (571) 272-9767. 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.
/JERMAINE A MINCEY/Examiner, Art Unit 2159 July 11, 2026
Prosecution Insights