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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 22313-1450 
, www.uspto.gov 



APPLICATION NO. 


FILING DATE 


FIRST NAMED INVENTOR 


ATTORNEY DOCKET NO. 


CONFIRMATION NO. 


09/876,311 


06/07/2001 


Maurice Ronan Goodman 


1-15428 


8420 



7590 05/18/2007 

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



EXAMINER 



GOTTSCHALK, MARTIN A 



ART UNIT 



PAPER NUMBER 



3694 



MAIL DATE 



DELIVERY MODE 



05/18/2007 PAPER 

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

The time period for reply, if any, is set in the attached communication. 



PTOL-90A (Rev. 04/07) 



/ 



OfficQ Action Summarv 

%^ a a f v W / V W frl \S 9 f V* W# If fill Vf f V 


Application No. 

09/876,311 


Applicant(s) 

GOODMAN, MR 


Examiner 

Martin A. Gottschalk 


Art Unit 

3694 





« The 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 1 MONTH(S) OR THIRTY (30) DAYS, 
WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION. 

- Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timeiy filed 
after SIX (6) MONTHS from the mailing date of this communication. 

- 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. § 133). 
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 )[X] Responsive to communication(s) filed on 23 February 2007 . 
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. 11, 453 O.G. 213. 

Disposition of Claims 

4) [X] Claim(s) 1-19 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) D Claim(s) is/are rejected. 

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

8) £<] Claim(s) 1-19 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). 
11 )□ 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. § 1 19(a)-(d) or (f). 
a)D All b)D Some * c)\J None of: 

1 0 Certified copies of the priority documents have been received. 

2. Q 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) 

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

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

3) O Information Disclosure Statement(s) (PTO/SB/08) 5 ) D Notice of Informal Patent Application 

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



U.S. Patent and Trademark Office 
PTOL-326 (Rev. 08-06) 



Office Action Summary 



Part of Paper No./Mail Date 20070514 



f 

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

Art Unit: 3694 

DETAILED ACTION 
Election/Restriction 

1 . Restriction to one of the following inventions is required under 35 U.S. C. 1 21 : 

I. Claims 1-7, and 14-16, drawn to a method for rewarding disease 
management programme participants based on their participation in a 
combination of general and disease-related programmes, the latter being 
a disease with which the participant is afflicted, classified in class 705, 
subclass 14. 



II, Claims 8-11, 13, and 17-19, drawn to a method for rewarding 
disease management programme participants based on defined 
measurable performance parameters and minimum performance levels of 
each parameter, classified in class 600, subclass 300. 

III. Claim 12, drawn to a method for rewarding disease management 
programme participants based on member participation in programmes 
associated with a predisposition for a disease, classified in class 705, 
subclass 2. 

2. The inventions are distinct, each from the other because of the following reasons: 

Inventions I, II and III are related as subcombinations disclosed as usable 
together in a single combination. The subcombinations are distinct from each other if 



Application/Control Number: 09/876,311 
Art Unit: 3694 



Page 3 



they are shown to be separately usable. In the instant case, invention I has separate 
utility as an incentive program and invention II has separate utility such as a method of 
diagnosis. Invention III has separate utility such as a health care management system. 
See MPEP § 806.05(d). 

3. Because these inventions are distinct for the reasons given above and have 
acquired a separate status in the art as shown by their different classification and/or 
because of their recognized divergent subject matter, restriction for examination 
purposes as indicated is proper. 

4. Applicant is advised that the response to this requirement to be complete must 
include an election of the invention to be examined even though the requirement be 
traversed (37 CFR 1.143). 

5. Applicant is reminded that upon the cancellation of claims to a non-elected 
invention, the inventorship must be amended in compliance with 37 CFR 1.48(b) if one 
or more of the currently named inventors is no longer an inventor of at least one claim 
remaining in the application. Any amendment of inventorship must be accompanied by 
a diligently-filed petition under 37 CFR 1.48(b) and by the fee required under 37 

CFR 1.17(h). 

Conclusion 



Application/Control Number: 09/876,311 



Page 4 



Art Unit: 3694 

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 - 5:00. 

If attempts to reach the examiner by telephone are unsuccessful, the examiner's 
supervisor, James P. Trammell can be reached on (571) 272-6712. The fax phone 
number for the organization where this application or proceeding is assigned is 571- 

273- 8300. 

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). If you would like assistance from a 
USPTO Customer Service Representative or access to the automated information 
system, call/^00^8s9199 (IN USA OR CANADA) or 571-272-1000. 




MG 

05/12/2007