Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim status: claims 1-21 are pending in this Office Action.
Examiner note:
Regarding to claims 3-4: The apparatus is hardware (see [0020] FIGS. 5A-5C illustrate apparatus including a set of separate USB receptacles … slots)
DETAILED ACTION
Claim Rejections - 35 USC § 103
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1,148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre- AIA 35 U.S.C. 103(a) are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3-8, 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Petisce (US20140379273), in view of Saidel (US20130096935), further in view of Bierbower (US8744878).
Regarding to claim 1:
Petisce teaches An apparatus, comprising:
a personal care hardware display_device comprising an interactive display (see [0048] the user device 40. [0014] outputted information such as: selected summaries … selected recommendations … types of alerts or reminders See Fig. 12-13 for outputted types of alerts or reminders) ; and
a remote central server device arrangement comprising at least one hardware computing device ([0048] a server or other data processing terminal 36);
wherein the personal care hardware display_device is configured:
to transmit user healthcare communications personalized to a user and receive user healthcare communications personalized to a user from the remote central server device arrangement (Petisce [0085] user device 40 (e.g., a CGM) transmits blood glucose readings and optionally other data or information (e.g., one or more of user information and output preferences such as the items of information mentioned above in connection with user configuration data 60 in FIG. 6) to a data processing device 36 (e.g., server) for analysis as indicated at 704 and 706. [0050] The data processing device 36 can be, for example, a server. [0086] the data processing device 36 can analyze the measured physiological … determine what information a user needs … The data processing device 36 can generate a report or other type of output (e.g., see block 810) for transmission to the user device … information a user needs to know in view of the measured physiological data and other factors. [0110] processing device can optionally provide output segments in the message that provide suggestive recommendations to the user to manage the monitored physiological condition); and
to maintain an interactive diary for the user ([0122] FIG. 11 illustrates a user device 40 that plays a video message on a display 42 … "You seem to be having highs close to X Y days/nights this week" where X is a meal-time such as breakfast, lunch or dinner and Y is an integer … Consider: 1) Earlier dinner. 2) Decrease inner carb to insulin ratio. Also see Figs 12-15));
Petisce does not explicitly disclose wherein the remote central server device arrangement provides disease points (DPs) to users for use in exchange for goods and services and health points (HPs) for quantified healthy behavior wherein DPs are points allocated to the user by an entity for use in obtaining user desired medical services and HPs are points allocated to the user as rewards for healthy user behavior; wherein DPs and HPs are provided to a blockchain distributed ledger arrangement distributed across a plurality of computing devices maintaining a distributed accounting of DPs and HPs between and among multiple devices.
Saidel teaches wherein the remote central server device arrangement provides disease points (([0043] HCC systems is in providing techniques and mechanisms for tracking and trading on specific health care treatments and interventions … determine amounts of HCCs to award to each individual patient … determine the effects of the health care treatments. [0086] HC derivate administrator 540 may create, issue, administer, sell, and/or buy HC derivatives … HC derivatives may be embodied as securities or contracts that track health care outcomes. In an investment sense, HC derivatives provide a far more granular and precise way to invest in and trade on differentiated health care devices, medications, treatments, techniques, etc. [0076-0077] Health Care Tracking Data and Derivatives … how many HCCs to award to individuals, insurers or other HCC administrators or awarders analyze health care data provided by the treating health care provider (e.g., physician) … to administering HCC awards. See Bierbower teaches more clearly disease points in below) health points (HPs) to users ([0070] HCCs created by different health insurers … exchanged for goods and services [0008] awarded based on data indicative of individuals' health or behaviors affecting individuals' health [0058] award something of value, HCCs, to individuals (patients, insureds, etc.) for beneficial health-related behaviors. Note: HCCs rewards for health-related behaviors is HPs. See spec [0040] disease points and health points usable to facilitate feedback for positive behaviors by patients and disease tracking)).
wherein HPs are points allocated to the user as rewards in recognition of known healthy user behavior redeemable for positive incentivizing goods or services (([0008] awarded based on data indicative of individuals' health or behaviors affecting individuals' health … to one or more accounts … a desire or permission to transfer an interest in one or more health care credits … a desire to receive the interest in the one or more health care credits … transaction to transfer the one or more health care credits from an account. See fig. 11 for account associate with user. [0168] an individual who has access to an account a number of credits earned by and associated with the individual. See Fig.13, 1315, 1320, 1325 for behavior award/reward points from companies A, B, C. [0148] an amount of incentive points … awarded. [0038] awarding HCCs to individuals (e.g., patients) … a direct incentive to maintain or improve health …a reduced cholesterol level or BMI … followed to produce the improved health level outcome, (e.g., increased exercise and a prescription for a cholesterol-reducing medication. [0058] award something of value, HCCs, to individuals (patients, insureds, etc.) for beneficial health-related behaviors and outcomes … individual reduces their BMI, reduces cholesterol level, or starts an exercise program [0081] patient's health characteristics … therapy routines, diet, exercise, and the like. Note: user behavior (exercise, diet) to reduce cholesterol/BMI) is known healthy user behavior)
wherein DPs and HPs are provided to a blockchain distributed ledger arrangement distributed across a plurality of computing devices maintaining a distributed accounting of DPs and HPs between and among multiple devices ([0008] awarded based on data indicative of individuals' health or behaviors affecting individuals' health. See Fi.13, 1315, 1320, 1325 for award/reward points from companies A, B, C. [0133] creates HCCs by converting incentive points.[0100] HCCs are transferable between a wide range of entities. Although HCCs may be created and awarded by different creating entities (e.g., by different insurance companies), in various embodiments, each creating entity honors HCCs created by another creating entity and/or the HCCs of different creating entities may be exchanged for each other, or bought and sold with cash, on exchanges or other marketplaces. See Fig. 3. [0060] system 300 for exchanging health care credits … the sale and purchase of health care credits issued by an entity or entities. In various embodiments, issuing entities may be health insurance companies, government agencies, or the like … trade health care credits … wherein the HCCs issued by different health insurers. Fig. 4 [0067] an offer to exchange a credit(s) that represents an improvement in health, (e.g., an HCC) … swap 1.0 HCC issued by Blue Cross Blue Shield for 2.5 HCCs issued by Medicare.).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to take the teachings of Saidel and apply them on the teachings of Petisce to further implement wherein the remote central server device arrangement provides disease points (DPs) to users for use in exchange for goods and services and health points (HPs) for quantified healthy behavior wherein DPs are points allocated to the user by an entity for use in obtaining user desired medical services and HPs are points allocated to the user as rewards for healthy user behavior; wherein DPs and HPs are provided to a blockchain distributed ledger arrangement distributed across a plurality of computing devices maintaining a distributed accounting of DPs and HPs between and among multiple devices. One would be motivated to do so because in order to improve better system and method to provide HCCs are transferable between a wide range of entities. Although HCCs may be created and awarded by different creating entities (e.g., by different insurance companies) (Saidel [0100]);
Saidel would obviously teaches wherein the remote central server device arrangement provides disease points (DPs) redeemable for relevant user desired medical services (see mapping above) but Bierbower teaches this limitation more clearly.
Bierbower teaches wherein the remote central server device arrangement provides disease points (DPs) (Bierbower Col 2 lines 32- 33 “offers financial incentives to health plan sponsors for meeting the targets”. Col 2 lines 20-25 “provides incentives for parties involved in the health plan … to engage members in programs that are beneficial for their health, to set targets related to the health plan and member engagement, and to track metrics related to the health plan. Col 3 lines 41-46 “Targets are set and actual data are compared … a server may be programmed to access target and actual data and to complete calculations and comparisons. Note: incentives for set/track metrics is DP. See spec [0040] disease points and health points usable to facilitate feedback for positive behaviors by patients and disease tracking)
wherein DPs are points awarded to the user based on psychological, social, economic or medical needs of user for medical procedures redeemable for relevant user desired medical services (Bierbower Col 2 lines 32- 33 “offers financial incentives to health plan sponsors for meeting the targets”. Col 2 lines 20-25 “provides incentives for parties involved in the health plan … to engage members in programs that are beneficial for their health, to set targets related to the health plan and member engagement, and to track metrics related to the health plan. Col 1 line 15-17 “reduce future health care claims costs using financial incentives with member engagement metrics”),
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to take the teachings of Bierbower and apply them on the teachings of Petisce-Saidel to further implement wherein the remote central server device arrangement provides disease points (DPs) wherein DPs are points awarded to the user based on psychological, social, economic or medical needs of user for medical procedures redeemable for relevant user desired medical services. One would be motivated to do so because in order to improve better system and method to provides incentives for parties involved in the health plan to engage members in programs that are beneficial for their health, to set targets related to the health plan and member engagement, and to track metrics related to the health plan (e.g., by different insurance companies) (Bierbower Col 2 lines 20-25);
Regarding to claim 3:
Petisce teaches The apparatus of claim 1,
Petisce does not explicitly disclose wherein the apparatus is configured to enable one user and one provider to provide an agreement for at least one DP or HP and the terms of the agreement are provided to the blockchain distributed ledger arrangement distributed across a plurality of computing devices
Saidel teaches wherein the apparatus is configured to enable one user and one provider to provide an agreement for at least one DP or HP and the terms of the agreement are provided to the blockchain distributed ledger arrangement distributed across a plurality of computing devices (Saidel [0135] the HCCs may be purchased beforehand by the HCC issuer 1120, for example on an HCC Exchange 340 … their market value can go up or down, depending on what a seller and buyer consider them to be worth, and on what they eventually agree on to be the price. [0145] the open market value of the HCCs may be determined via a negotiation between the transferor (e.g. seller) and the transferee (e.g., buyer), based on an ask and a bid, and the final agreed market price may be set at par, at a premium above par, or at a discount to par. [0157] the physician may register with an HCC exchange network and agree to accept HCCs as a form of payment).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to take the teachings of Saidel and apply them on the teachings of Petisce to further implement wherein the apparatus is configured to enable one user and one provider to provide an agreement for at least one DP or HP and the terms of the agreement are provided to the blockchain distributed ledger arrangement distributed across a plurality of computing devices. One would be motivated to do so because in order to improve better system and method to provide what a seller and buyer consider them to be worth, and on what they eventually agree on to be the price (Saidel [0135]);
Regarding to claim 4:
Petisce teaches The apparatus of claim 1,
Petisce does not explicitly disclose wherein the system provides a system of bidding between users and providers for DPs and HPs.
Saidel teaches wherein the system provides a system of bidding between users and providers for DPs and HPs (Saidel [0063] an individual or entity controlling a buyer account 360-375 may place an order to purchase one or more HCCs by submitting a bid or a request to purchase the HCC to broker 350 or HCC exchange 340)
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to take the teachings of Saidel and apply them on the teachings of Petisce to further implement wherein the system provides a system of bidding between users and providers for DPs and HPs. One would be motivated to do so because in order to improve better system and method to provide a bid or a request to purchase the HCC to broker (Saidel [0063])
Regarding to claim 5:
Petisce teaches The apparatus of claim 1,
Petisce does not explicitly disclose further comprising recommender hardware configured to determine available offers for DPs and HPs and match providers with users having DPs and HPs available
Saidel teaches further comprising recommender hardware configured to determine available offers for DPs and HPs and match providers with users having DPs and HPs available (Saidel, fig. 3, [0060] system 300 includes an HCC exchange 340, which is a market that is designed for the sale and purchase of health care credits issued by an entity or entities … to trade health care credits, which represent an improvement in health. In some embodiments wherein the HCCs issued by different health insurers)
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to take the teachings of Saidel and apply them on the teachings of Petisce to further implement further comprising recommender hardware configured to determine available offers for DPs and HPs and match providers with users having DPs and HPs available. One would be motivated to do so because in order to improve better system and method to provide includes an HCC exchange 340, which is a market that is designed for the sale and purchase of health care credits issued by an entity or entities (Saidel [0060])
Regarding to claim 6:
The apparatus of claim 1, wherein the personal care device is further configured to collect information regarding personal care assessed for the user over a period of time using at least one personal care module and enable the personal care hardware display_device to make recommendations related to and based upon the information collected regarding personal care (Petisce [0054] a continuous glucose monitor can have a transcutaneous or implanted sensor 30 (see sensor 30 on a user on fig.3) … adhering the sensor to an area on a patient's skin such that the needle 2008 penetrates the skin and provides an input from which the sensor can collect physiological data. [0085] the user device 40 or associated with the user device) or otherwise configured to measure or detect specified physiological data, or receive measured physiological data from one or more sensors 30, as indicated at 702. [0087] the user device 40 can analyze the measured physiological data (block 714) to determine what information a user needs to know (block 716) and, correspondingly, what selected outputs need to be generated at the user device 40 to annunciate this selected information (block 718). See the selected user info 60 and measured data 66 in fig.6 to output health care information and recommendations. [0096] The example rules engine or other program code module or programmed device described in connection with FIG. 9 can be deployed integrally in, or separate from but coupled to, a user device 40 (e.g., see block 716 in FIG. 7) … configured to detect patterns in measured physiological data (e.g., measured data within a selected time period during a day over several different days or months), and to generate outputs based on user device type, desired message media type and user type that explains the occurrence of the data and optionally recommended user actions. Also see figs 11-15 for recommendations)
Regarding to claim 7:
Petisce teaches The apparatus of claim 1,
Petisce does not explicitly disclose wherein agreements regarding DPs and HPs are provided to a blockchain distributed ledger arrangement distributed across a plurality of computing devices, and further wherein updates to each agreement is further provided to the blockchain distributed ledger arrangement
Saidel teaches wherein agreements regarding DPs and HPs are provided to a blockchain distributed ledger arrangement distributed across a plurality of computing devices, and further wherein updates to each agreement is further provided to the blockchain distributed ledger arrangement (Saidel, Fig. 3 [0060] an HCC exchange 340, which is a market that is designed for the sale and purchase of health care credits issued by an entity or entities. [0061] sellers may utilize a broker 330 to interact with HCC exchange 340, for example by transferring HCCs from an insurance plan account 315 or a non-insurance entity account 320 into a brokerage account 330. [0062] buyers may utilize a broker 350 to interact with HCC exchange 340, for example by transferring HCCs or cash from an insurance plan account 365 or a non-insurance entity account 370 (e.g., a bank account) into a brokerage account 350, from which the HCCs may be bought via exchange 340.[0135] the HCCs may be purchased beforehand by the HCC issuer 1120, for example on an HCC Exchange 340 … their market value can go up or down, depending on what a seller and buyer consider them to be worth, and on what they eventually agree on to be the price. [0145] the open market value of the HCCs may be determined via a negotiation between the transferor (e.g. seller) and the transferee (e.g., buyer), based on an ask and a bid, and the final agreed market price may be set at par, at a premium above par, or at a discount to par. [0157] the physician may register with an HCC exchange network and agree to accept HCCs as a form of payment)
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to take the teachings of Saidel and apply them on the teachings of Petisce to further implement wherein the apparatus is configured to enable one user and one provider to provide an agreement for at least one DP or HP and the terms of the agreement are provided to the blockchain distributed ledger arrangement distributed across a plurality of computing devices. One would be motivated to do so because in order to improve better system and method to provide what a seller and buyer consider them to be worth, and on what they eventually agree on to be the price (Saidel [0135]);
Regarding to claim 8:
determining at the remote central server device arrangement a user personal care recommendation specifically for the user based on the user personal care data personalized to the user received (Petisce, [0086] the data processing device 36 (server) can analyze the measured physiological data … The data processing device 36 can generate a report or other type of output (e.g., see block 810) for transmission to the user device (e.g., via a wireless or wireline link), as indicated at 708. [0095] reports are sent from the data processing device 36 to the user device 40, and the data or report is successfully received. [0110] processing device (server 36) can optionally provide output segments in the message that provide suggestive recommendations to the user … actions described in connection with FIGS. 11-13. Fig.11-13 recommend the user to have some food/juice. [0123-0124] the user device 40 can generate a graphical display with a text message 1202 (having some juice- see fig.12)… that is, the processing device in the user device 40 or the data processing device 36 has determined from measured physiological data … eating certain foods at certain times of day … having a banana for the meeting (see fig.13))
transmitting the user personal care recommendation specifically for the user from a transmitter provided with the remote central server device to the user personal care hardware display device (Petisce, [0086] the data processing device 36 (server) can analyze the measured physiological data … The data processing device 36 can generate a report or other type of output (e.g., see block 810) for transmission to the user device (e.g., via a wireless or wireline link), as indicated at 708. [0110] processing device (server 36) can optionally provide output segments in the message that provide suggestive recommendations to the user … actions described in connection with FIGS. 11-13. Fig.11-13 recommend the user to have some food/juice. [0123-0124] the user device 40 can generate a graphical display with a text message 1202 (having some juice- see fig.12)… that is, the processing device in the user device 40 or the data processing device 36 has determined from measured physiological data … eating certain foods at certain times of day … having a banana for the meeting (see fig.13))
[Rejection rational for claim 1 is applicable].
Regarding to claim 10:
[Rejection rational for claim 3 is applicable].
Regarding to claim 11:
[Rejection rational for claim 4 is applicable].
Regarding to claim 12:
[Rejection rational for claim 5 is applicable].
Regarding to claim 13:
[Rejection rational for claim 6 is applicable].
Regarding to claim 14:
[Rejection rational for claim 7 is applicable].
Claims 15, 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over Petisce (US20140379273), in view of Saidel (US20130096935), in view of Bierbower (US8744878) further in view of Jain (US20110167133).
Regarding to claim 15:
Petisce-Saidel does not explicitly disclose a housing surrounding the computing device display, the housing comprising a plurality of connection ports configured to physically interconnect with hardware personal care modules, wherein personal care comprises health care.
Jain teaches a housing surrounding the computing device display, the housing comprising a plurality of connection ports configured to physically interconnect with hardware personal care modules, wherein personal care comprises health care (Jain see fig. 1. [0030-0031] hosting device 14 … receiving information from the medical device 12 … health data … relating to the user. [0034] the medical device 12 and the application hosting device 14 may … include a jack, plug, socket, receptacle, or other interface. [0039] socket …a pulse oximeter, a blood pressure monitor, or a weight scale … socket 37) … a glucose monitor);
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to take the teachings of Jain and apply them on the teachings of Petisce-Saidel to further implement a housing surrounding the computing device display, the housing comprising a plurality of connection ports configured to physically interconnect with hardware personal care modules, wherein personal care comprises health care. One would be motivated to do so because in order to improve better system and method to provide mutiples ports to interconnect with hardware personal care modules (Jain [0039]);
[Rejection rational for claim 1 is applicable].
Regarding to claim 17:
[Rejection rational for claim 3 is applicable].
Regarding to claim 18:
[Rejection rational for claim 4 is applicable].
Regarding to claim 19:
[Rejection rational for claim 5 is applicable].
Regarding to claim 20:
[Rejection rational for claim 6 is applicable].
Regarding to claim 21:
[Rejection rational for claim 7 is applicable].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HIEN DOAN whose telephone number is 571 272-4317. The examiner can normally be reached on Monday-Thursday and biweekly Friday 9am-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SRIVASTAVA VIVEK can be reached on 571-272-7304(571)272-7304. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HIEN V DOAN/Examiner, Art Unit 2449
/VIVEK SRIVASTAVA/Supervisory Patent Examiner, Art Unit 2449
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