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United States Patent and Trademark Office 



UNITED STATES DEPARTMENT OF COMMERCE 
United States Patent and Trademark Office 
Address: COMMISSIONER FOR PATENTS 
P.O.Box 1450 

Alexandria, Virginia 223 13- 1 450 
www.uspto.gov 



APPLICATION NO. 



FILING DATE 



FIRST NAMED INVENTOR 



ATTORNEY DOCKET NO. 



CONFIRMATION NO. 



09/876,311 



06/07/2001 



Maurice Ronan Goodman 



7590 



01/17/2006 



MARSHALL & MELHORN, LLC 
Phillip S. Oberlin 
8th Floor 
Four SeaGate 
Toledo, OH 43604 



1-15428 



8420 



EXAMINER 



GOTTS CHALK, MARTIN A 



ART UNIT 



PAPER NUMBER 



3626 

DATE MAILED: 01/17/2006 



Please find below and/or attached an Office communication concerning this application or proceeding. 



PTO-90C (Rev. 10/03) 





Application No. 

09/876,311 


Applicant(s) 

GOODMAN ET AL. 


Examiner 

Martin A. Gottschalk 


Art Unit 

3626 





- 77ie MAILING DATE of this communication appears on the cover sheet with the correspondence address - 
Period for Reply 



A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) FROM 
THE MAILING DATE OF THIS COMMUNICATION. 

- Extensions of time may be available under the provisions of 37 CFR 1.1 36(a). In no event, however, may a reply be timely filed 
after SIX (6) MONTHS from the mailing date of this communication. 

- If the period for reply specified above is less than thirty (30) days, a reply within the statutory minimum of thirty (30) days will be considered timely. 

- If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication. 

- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 1 33). 
Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any 
earned patent term adjustment. See 37 CFR 1 .704(b). 

Status 

1 )E3 Responsive to communication(s) filed on 07 June 2001 . 
2a)D This action is FINAL. 2b)^ This action is non-final. 

3) D Since this application is in condition for allowance except for formal matters, prosecution as to the merits is 

closed in accordance with the practice under Ex parte Quayle, 1935 CD. 1 1 , 453 O.G. 213. 

Disposition of Claims 

4) ^3 Claim(s) 1-13 is/are pending in the application. 

4a) Of the above claim(s) is/are withdrawn from consideration. 

5) D Claim(s) is/are allowed. 

6) 03 Claim(s) 1-13 is/are rejected. 

7) D Claim(s) is/are objected to. 

8) D Claim(s) are subject to restriction and/or election requirement. 

Application Papers 

9) D The specification is objected to by the Examiner. 

10) D The drawing(s) filed on is/are: a)D accepted or b)D objected to by the Examiner. 

Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1 .85(a). 
Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d). 

1 1) D The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152. 

Priority under 35 U.S.C. § 119 

12) D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f). 
a)D All b)D Some * c)Q None of: 

1 .□ Certified copies of the priority documents have been received. 

2. D Certified copies of the priority documents have been received in Application No. . 

3. D Copies of the certified copies of the priority documents have been received in this National Stage 

application from the International Bureau (PCT Rule 17.2(a)). 
* See the attached detailed Office action for a list of the certified copies not received. 



Attachment(s) x 

1) 0<] Notice of References Cited (PTO-892) 4) □ Interview Summary (PTO-413) 

2) □ Notice of Draftsperson's Patent Drawing Review (PTO-948) Paper No(s)/Mail Date. . 

3) ^ Information Disclosure Statement(s) (PTO-1449 or PTO/SB/08) 5 ) D Notice of Informal Patent Application (PTO-152) 

Paper No(s)/Mail Date 06/24/2002 . 6) □ Other: . 



U.S. Patent and Trademark Office 
PTOL-326 (Rev. 1-04) 



Office Action Summary 



Part of Paper No./Mail Date 20050812 



v- 

Application/Control Number: 09/876,31 1 Page 2 

Art Unit: 3626 

DETAILED ACTION 

1. Claims 1-13 have been examined. 



Claim Rejections - 35 USC § 102 

2. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that 
form the basis for the rejections under this section made in this Office action: 
A person shall be entitled to a patent unless - 

(e) the invention was described in (1) an application for patent, published under section 122(b), by 
another filed in the United States before the invention by the applicant for patent or (2) a patent 
granted on an application for patent by another filed in the United States before the invention by the 
applicant for patent, except that an international application filed under the treaty defined in section 
351(a) shall have the effects for purposes of this subsection of an application filed in the United States 
only if the international application designated the United States and was published under Article 21 (2) 
of such treaty in the English language. 



3. Claims 1-13 are rejected under 35 U.S.C. 102(e) as being anticipated by Brown 
(US Pat# 6,151,586). 



A. As per claim 1 Brown discloses a method of incentivising members of a disease 
management programme to comply with the programme (Brown: col 5, Ins 14-16), the 
method comprising the steps of: 

(a) defining a plurality of general programme (Brown: col 12, Ins 18-23) areas 
and a plurality of specific programme areas (Brown: col 12, Ins 23-25); 



(b) associating each of the plurality of general programme areas with each of the 
diseases managed by the programme (Brown: col 12, Ins 18-23); 



Application/Control Number: 09/876,31 1 Page 3 

Art Unit: 3626 



(c) associating each of the plurality of specific programme areas only with those 
diseases managed by the programme to which the specific programme area is 
determined to be of particular benefit to a member afflicted with the disease 
(Brown: col 12, Ins 23-25); 

(d) awarding points to a member of each of the programme areas in which the 
member participates, only if the member is afflicted with a disease which is 
associated with that particular programme area (Brown: col 8, Ins 37-53); and 

(e) allocating a reward to the member if the points awarded to the member 
accumulate to a predetermined amount (Brown: col 23, Ins 45-57). 

B. As per claim 2, Brown discloses a method according to claim 1 , wherein 

points are only awarded to the member if the member participates in all of the 
programme areas which are associated with the disease or diseases with which 
the member is afflicted (Brown: Fig. 15A and 15B; col 13, In 19 to col 14, In 37; 
Figs. 10 and 1 1 . Note that both criteria of questions being answered and 
measurements being within limits must be met if the coupon is to be given.) 

C. As per claim 3, Brown discloses a method according to claim 1 wherein 



Application/Control Number: 09/876,311 
Art Unit: 3626 



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additional points are awarded to the member if the member participates in all of 
the programme areas which are associated with the disease or diseases with 
which the member is afflicted (The Examiner notes the rejection provided for 
claim 2 above and further notes that a repetition of this process would result in 
additional coupons being given. Repetition of the process would be expected for 
patients involved in disease management programs associated with chronic 
diseases such as the examples of diabetes and asthma cited in the Brown 
reference). 

D. As per claim 4, Brown discloses a method according to claim 1 wherein 

the general programme areas are one of more of 
diet, 

exercise, 
smoking and 

education (Brown col 16, Ins 26-35). 

E. As per claim 5, Brown discloses a method according to claim 1 wherein 

the specific programme areas are one or more of 
blood pressure, 



Application/Control Number: 09/876,31 1 Page 5 

Art Unit: 3626 

flow volume loop measurement, 
influenza vaccine, 
pneumococcal vaccine, 
cholesterol and 

long term glucose control (Brown: Fig. 5A; Fig 5B, item 124; Fig. 6A). 



F. As per claim 6, Brown discloses a method according claim 1 further including the 
steps of: 

(a) defining a measurable within at least one of 

the general (Brown: col 23, Ins 45-57; Figs. 15A and 15B, the Examiner 
notes that the overall evaluation criteria involves both the compliance questions 
of Fig 15A, item 412, and the physiological measurements of Fig. 15B, items 
420-424) or 

specific programme areas (Brown: col 5, In 66 to col 6, In 15, i.e. data from 
one of the monitoring devices) 

so that a members performance within said programme area can be ascertained; 

(b) defining a minimum level of the measurable, which minimum level indicates a 
minimum required level of member performance within the at least one 
programme area (Brown: col 8, 48-53); and 



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Art Unit: 3626 



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(c) awarding points to a member if the member obtains the defined minimum 
level of a measurable for the at least one programme area only if the member is 
afflicted with a disease which is associated with that particular programme area 
(Brown: col 8, Ins 37-53). 

G. As per claim 7, Brown discloses a method according to claim 6 further 
comprising the step of 

awarding additional points to the member if the member obtains the minimum 
level of a measurable for all of the programme areas which are associated with 
the disease with which the member is afflicted (The Examiner notes the rejection 
provided for claim 6 above and further notes that a repetition of this process 
would result in additional coupons being given. Repetition of the process would 
be expected for patients involved in disease management programs associated 
with chronic diseases such as the examples of diabetes and asthma cited in the 
Brown reference). 

H. As per steps a, b, and c (i.e. the first three steps) of claims 8, 12, and 13, they 
are rejected for the same reasons as provided above for the corresponding steps of 
claim 1. 



Application/Control Number: 09/876,31 1 Page 7 

Art Unit: 3626 

I. As per the steps d of claims 8 and 1 3, they are rejected for the same reasons 
provided above for claim 6a. 

J. As per the steps e of claims 8 and 13, they are rejected for the same reasons 
provided above for claim 6b. 

K. As per step f of claims 8 and 1 3, they are rejected for the same reasons provided 
above for claim 6c. Note that the Examiner considers an individual afflicted with a 
disease to be someone predisposed to the disease. 

L As per step d of claim 12, it is rejected for the same reason provided above for 
claim 1d. Note that the Examiner considers an individual afflicted with a disease to be 
someone predisposed to the disease. 

M. As per steps g of claims 8, and 1 3, and claim 12e, they are rejected for the same 
reasons as provided above for 1e (the "allocating" step). 

N. As per claim 9, it is rejected for the same reasons as provided above for claim 
6c. 

O. Claims 10 and 1 1 are rejected for the same reasons as provided above for 
claims 4 and 5. 



Application/Control Number: 09/876,31 1 
Art Unit: 3626 



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Conclusion 

4. The prior art made of record and not relied upon is considered pertinent to 
applicant's disclosure. The cited but not relied upon prior art discloses methods for 
remotely measuring medical parameters (US Pat# 5,549,117); promoting behavioral 
change (US Pat# 5,722,418); and assessing medical predisposition (US PG Pub# 
20020038310). 

5. Any inquiry concerning this communication or earlier communications from the 
examiner should be directed to Martin A. Gottschalk whose telephone number is (571) 
272-7030. The examiner can normally be reached on Mon - Fri 8:30 - 5. 

If attempts to reach the examiner by telephone are unsuccessful, the examiner's 
supervisor, Joseph Thomas can be reached on (571) 272-6776. The fax phone number 
for the organization where this application or proceeding is assigned is 703-872-9306. 

Information regarding the status of an application may be obtained from the 
Patent Application Information Retrieval (PAIR) system. Status information for 
published applications may be obtained from either Private PAIR or Public PAIR. 
Status information for unpublished applications is available through Private PAIR only. 
For more information about the PAIR system, see http://pair-direct.uspto.gov. Should 
you have questions on access to the Private PAIR system, contact the Electronic 
Business Center (EBC) at 866-217-9197 (toll-free). 



Application/Control Number: 09/876,311 
Art Unit: 3626 



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08/07/2005