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PCT/IB2007/053760 24.03.2009 



PATENT COOPERATION TREATY 



From the 

INTERNATIONAL SEARCHING AUTHORITY 



To: 

HEATHER JUNE DONALD 
SPOOR & FISHER 
P.O. BOX 454 
PRETORIA 0001 ZA 
SOUTH AFRICA 


PCX 

WRITTEN OPINION OF THE 
INTERNATIONAL SEARCHING AUTHORITY 

(PCTRule 43i)w.l) 


Sw/v^r; 2 4 MAR 20G9 


Applicant's or agent's file reference 
PA142450/PCT 


FOR FURTHER ACTION 

See paragraph 2 below 


International application No, 
PCT/IB 07/53760 


International filing date (day/month/year) 
18 September 2007 (18.09.2007) 


Priority date (day/month/year) 

18 September 2006 (18.09.2006) 


International Patent Classification (IPC) or both national classification and IPC 
IPC(8)- G06Q 50/00 (2009.01) 
USPC- 705/3 


Applicant DISCOVERY HOLDINGS LIMITED 



I . This opinion contains indications relating to the following items: 



I2SI 


Box No. 


I 


Basis of the opinion 


□ 


Box No. 


II 


Priority 


□ 


Box No. 


III 


Non-establishment of opinion with regard to novelty, inventive step and industrial applicability 


□ 


Box No. 


IV 


Lack of unity of invention 




Box No. 


V- 


Reasoned statement under Rule ^2>bis. 1 (a)(i) with regard to novelty, inventive step or industrial applicability; 
citations and explanations supporting such statement 


□ 


Box No. 


VI 


Certain documents cited 


□ 


Box No. 


vu 


Certain defects in the international application 


□ 


Box No. 


vin 


CertJiin observations on the international appUcation 



2. 



FURTHER ACTION 

If a demand for international preliminary examination is made, this opinion v«ll be considered to be a viritten opinion of the 
International Preliminary Examining Authority ("IPEA") except that this does not apply where the appHcant chooses an Authority 
other than this one to be the IPEA and the chosen IPEA has notified the International Bureau under Rule 66.16/j(b) that written 
opinions of this International Searching Authority will not be so considered. 

If this opinion is, as provided above, considered to be a written opinion of the IPEA, the applicant is invited to submit to the IPEA 
a written reply together, where appropriate, with amendments, before the expiration of 3 months fixjm the date of mailing of Form 
PCT/IS A/220 or before the expiration of 22 months fi"om the priority date, whichever expires later. 

For ftirther options, see Form PCT/ISA/220. 



3 . For ftirther details, see notes to Form PCTAS A/220. 





Name and mailing address of the ISA/US 

Mail Stop PCT, Attn: ISA/US 

Commissioner for Patents 

P.O. Box 1450. Alexandria. Virginia 22313-1450 

Facsimile No. 571-273-3201 


Date of completion of this opinion 
13 March 2009 (13.03.2009) 


Authorized officer: 

Lee W. Young 

PCT Helpdesk: 571-272-4300 
PCT OSP: 571-272-7774 



Form PCT/ISA/237 (cover sheet) (April 2007) 



PCT/IB2007/053760 24.03.2009 



WRITTEN OPINION OF THE 


International application No. 


INTERNATIONAL SEARCHING AUTHORITY 






PCT/IB 07/53760 



Box No. I Basis of this opinion 



1. With regard to the language, this opinion has been established on the basis of: 
I X| the international application in the language in which it was filed. 

I I a translation of the international application into which is the language of a 

translation furnished for the purposes of international search (Rules 12.3(a) and 23.1(b)). 



2. I I This opinion has been established taking into account the rectification of an obvious mistake authorized by or notified 

to this Authority under Rule 91 (Rule 43bisA{a)) 

3. With regard to any nucleotide and/or amino acid sequence disclosed in the international application, this opinion has been 
established on the basis of: 

a. type of material 

□ a sequence listing 

I I table(s) related to the sequence listing 

b. format of material 

on paper 
I I in electronic form 

c. time of filing/fiimishing 

contained in the international application as filed 
I I filed together with the international application in electronic form 
I I furnished subsequently to this Authority for the purposes of search 



4. I I In addition, in the case that more than one version or copy of a sequence listing and/or table(s) relating thereto has been 

filed or furnished, the required statements that the information in the subsequent or additional copies is identical to that 
in the application as filed or does not go beyond the application as filed, as appropriate, were furnished. 



5. Additional comments: 



Form PCT/ISA/237 (Box No. I) (April 2007) 



PCT/IB2007/053760 24.03.2009 



WRITTEN OPINION OF THE 
INTERNATIONAL SEARCHING AUTHORITY 



International application No. 
PCT/IB 07/53760 



Box No. V Reasoned statement under Rule 43bisAia)(l) with regard to novelty, inventive step or industrial applicability; 
citations and explanations supporting such statement 



1 . Statement 



Novelty (N) Claims YES 

Claims 1-3.5-12. 14.15 NO 

Inventive step (IS) Claims YES 

Claims : NO 

Industrial applicability (lA) Claims ^'^^ YES 

Claims NO 



2. Citations and explanations: 

Claims 1-3, 5-12, 14 and 15 lack novelty under POT Article 33(2) as being anticipated by US 2005/0234742 A1 to Hodgdon (hereinafter 
'Hodgdon'). 

As per claim 1. Hodgdon discloses a method of managing the wellness of an organisation, the method including: providing members of the 
organisation with access to a plurality of wellness related facilities and/or services (para [0024], [0072]); monitoring a plurality of wellness 
related criteria of the organisation (para [0027]); awarding the organisation with an award depending on the results of the monitoring of the 
plurality of wellness related criteria (para [001 1], [0027]); and awarding members of the organisation with an award depending on the 
results of the monitoring of the plurality of wellness related criteria (para [001 1], [0027], [0067]). 

As per claim 2, Hodgdon discloses a method according to claim 1 wherein the plurality of wellness related facilities and/or sen/ices that the 
member is provided access to include at least one of: an infectious disease management programme (para [0057]); an emergency 
medical response while located at premises of the organisation; and a preventative care management programme (para [Oil 1]). 

As per claim 3, Hodgdon discloses a method according to claim 2 wherein the infectious disease management programme includes a 
human immunodeficiency virus (HIV) management programme which includes at least one of: advice on organising an HIV policy; 
assistance with legislative compliance; assistance in developing an HIV/AIDS committee; voluntary counseling and testing on site for 
members (para [0056]); medical advice and counselling (para [01 1 1]); peer educator training; support and debriefing for peer educators; 
encourage enrolment of HIV positive members onto the HIV programme; and access to antiretroviral drugs (para [0040], [0045], [0047]). 

As per claim 5, Hodgdon discloses a method according to claim 2 wherein the preventative care management programme includes 
medical check ups for members of the organisation (para [0095], [01 1 1]). 

As per claim 6, Hodgdon discloses a method according to claim 1 wherein the plurality of wellness related facilities and/or services that the 
member is provided access to also includes counselling (para [01 1 1]). 

As per claim 7, Hodgdon discloses a method according to claim 6 wherein the counselling takes the form of telephonic or face-to-face 
counselling (para [0111]). 

As per claim 8, Hodgdon discloses a method according to claim 1 wherein the plurality of wellness related facilities and/or services that the 
member is provided access to includes life management skills including legal advice, financial advice and social services assistance (para 
[0074]-Employee Assistance Program (EAP), [0095]). 

As per claim 9, Hodgdon discloses a method according to claim 1 wherein the plurality of wellness related criteria include at least one of: 
medical claims information pertaining to members of the organisation (para [0106]); absenteeism information pertaining to absenteeism of 
members of the organisation from the business of the organisation (para [0106]); and occupational wellness information pertaining to the 
occupational wellness of members of the organisation (para [0106]). 

As per claim 10. Hodgdon discloses an electronic system for managing the wellness of an organisation, the system including: a monitoring 
module to monitor a plurality of wellness related criteria of the organisation (para [0022], [0027]); an awards module to calculate an award 
for the organisation depending on the results of the monitoring of the plurality of wellness related criteria and to calculate an award for the 
members of the organisation depending on the results of the monitoring of the plurality of wellness related criteria (para [001 1], [0022], 
[0027]. [0067]); and a database for storing data relating to the use of the plurality of wellness related criteria of the organisation and for 
storing data relating to the awards for the organisation and the member (para [0077], [0078]). 

As per daim 11, Hodgdon discloses an electronic system according to claim 10 wherein the plurality of wellness related facilities and/or 
services that are monitored by the monitoring module include at least one of: an infectious disease management programme (para 0057); 
an emergency medical response while located at premises of the organisation; and a preventative care management programme (para 
[0111]). 

-Please See Continuation Sheet- 



Form PCT/ISA/237 (Box No. V) (April 2007) 



PCT/IB2007/053760 24.03.2009 



WRITTEN OPINION OF THE 


International application No. 


INTERNATIONAL SEARCHING AUTHORITY 






PCT/IB 07/53760 



Supplemental Box 



In case the space in any of the preceding boxes is not sufficient. 

Continuation of: - 
Box V. 2. Citations and explanations: 

As per claim 12, Hodgdon discloses an electronic system according to claim 1 1 wherein the infectious disease management programme 
monitored by the monitoring module includes a human immunodeficiency virus (HIV) management programme which includes at least one 
of: advice on organising an HIV policy; assistance vflth legislative compliance: assistance in developing an HIV/AIDS committee; voluntary 
counselling and testing on site for members (para [0056]); medical advice and counselling (para [01 1 1]); peer educator training; support 
and debriefing for peer educators; encourage enrolment of HIV positive members onto the HIV programme; and access to anti retroviral 
dmgs (para [0040], [0045], [0047]). 

As per claim 14, Hodgdon discloses an electronic system according to claim 1 1 wherein the preventative care management programme 
monitored by the monitoring module includes medical check ups for members of the organisation (para [0095], [01 1 1]). 

As per claim 15, Hodgdon discloses an electronic system according to claim 10 wherein the plurality of wellness related criteria that are 
monitored by the monitoring module Include at least one of: medical claims information pertaining to members of the organisation (para 
[0106]); absenteeism information pertaining to absenteeism of members of the organisation from the business of the organisation (para 
[0106]); and occupational wellness information pertaining to the occupational wellness of members of the organisation (para [0106]). 



Claims 4 and 13 lack an inventive step under PCT Article 33(3) as being obvious over Hodgdon in view of US 2002/004961 7 A1 to Lencki 
et al. (hereinafter 'Lencki'). 

As per claim 4. Hodgdon discloses a method according to claim 2 with plurality of wellness related facilities and/or services (para [0057], 
[01 1 1]). Hodgdon does not explicitly disclose the wellness sen/ices are emergency medical response includes a response by emergency 
medical services. However, Lencki does disclose a method of providing benefits to an Individual such as an employee includes 
emergency care (para [0009]). It would have been obvious to one of ordinary skill in the art to combine Lencki's method of providing 
emergency care benefits to an employee to Hodgdon's method of providing wellness services because adding the emergency service 
would fulfill the goal of having a comprehensive wellness plan to benefit both employers and employees. 

As per claim 13, Hodgdon discloses an electronic system according to claim 1 1 with plurality of wellness related facilities and/or services 
(para [0057], [01 1 1]). Hodgdon does not explicitly disclose the wellness services are emergency medical response includes a response by 
emergency medical services. However, Lencki does disclose a method of providing benefits to an individual such as an employee 
includes emergency care (para [0009]). It would have been obvious to one of ordinary skill in the art to combine Lencki's method of 
providing emergency care benefits to an employee to Hodgdon's method of providing wellness services because adding the emergency 
service would fulfill the goal of having a comprehensive wellness plan to benefit both employers and employees. 



Claims 1-15 have industrial applicability as defined by PCT Article 33(4) because the subject matter can be made or used in industry. 



Form PCT/ISA/237 (Supplemental Box) (April 2007)