DETAILED ACTION
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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority to 01 May 2015 under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 16/098,021, filed on 31 October 2018.
Response to Amendment
Claims 1-4, 6-14, & 16-20 were previously pending in this application. The amendment filed 03 November 2025 has been entered and the following has occurred: Claims 1-3, 8-9, 11-13, & 18-19 have been amended. No claims have been cancelled. Claim 21 has been added.
Claims 1-4, 6-14, & 16-21 remain pending in the application.
Claim Objections
Claims 1 & 11 are objected to because of the following informalities:
Regarding Claims 1 & 11, the claims recite “identifying at least one medical condition… the identified at last one medical condition” instead of “identifying at least one medical condition… the identified at least one medical condition”.
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-4, 6-14, & 16-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
The claims recite subject matter within a statutory category as a process (claims 1-4, 6-10, & 21) and a machine (claims 11-14 & 16-20) which recite steps of:
receiving, by an application server in communication with a plurality of database servers through one or more networks, medical information associated with the health care provider through the one or more networks, wherein the medical information comprises:
at least a portion of a patient electronic health record usable to identify historical medial information for a patient,
at least one current symptom for the patient;
in response to receiving the medical information:
dynamically determining at least one possible laboratory test for the healthcare provider to recommended for the patient,
the at least one possibly laboratory test being identified in a policy as being associated with a medical condition that is also identified with the current symptom of the patient,
the at least one possible laboratory test being available to the patient, via the health plan, at a price below a threshold price at a laboratory identified in the laboratory information, wherein
the laboratory location is within a specified distance of a location of the patient, and wherein
the laboratory is identified as being able to process the laboratory test within a length of time below a threshold length of time;
accessing the historical medical information for the patient;
querying a database server, of the plurality of database servers, that stores one or more policies, a respective policy for one or more policies relating at least one medical condition to at least one symptom and at least one laboratory test, for accessing the policy associated with the received medical information, identifying at least one medical condition related to the historical medical information and the at least one current symptom for the patient, and identifying at least one laboratory test based on the policy and the identified medical condition;
querying a database server of the plurality of database servers that stores health plan information using at least the received medical information and the policy for identifying a health plan associated with the patient; and
based on the identified at least one laboratory test, querying a database server of the plurality of database servers, that stores laboratory information including test offerings, location, processing time, and insurance reimbursement;
determining whether the identified at least one laboratory test satisfies selection criteria based on the health plan information and the laboratory information ,including the test offerings, the location, processing the processing time, and the insurance reimbursement;
selecting at least one laboratory test satisfying the selection criteria as the at least one possible laboratory test;
providing using a service-oriented architecture, application functionality hosted by the application server as a passthrough to users and configured to be presented in a portal including one or more portal pages;
accessing a user-defined specification for a horizontal portal page, a vertical portal page, or a combination horizontal and vertical portal page to present one or more of the at least some of the historical medical information, graphical indications, raw data, the test information, recommendations, laboratory information, and the at least one possible laboratory test, as configured by the user defined specification for the one or more portal pages;
generating customized information based on the user-defined specification, the customized information including the at least one possible laboratory test and at least some of the historical medical information, at least some of the test information, and at least some of the laboratory information;
formatting one or more of portal pages according to the user-defined specification for the horizontal portal page, the vertical portal page, or the combination horizontal and vertical portal page presenting the customized information and one or more of the graphical indications, raw data, and recommendations; and
causing, by the applications server, customized display as formatted, the laboratory information the customized information, and one or more graphical indications, raw data, and recommendations based on the patient electronic health record populated using the batch file;
subsequent to causing the customized display, receiving an update to the laboratory information, the update relating to the laboratory processing time; and
updating, by the application server, the at least one possible laboratory test based on the update to the laboratory information;
updating, by the application server, the portal to reflect the update to the at least one possible laboratory test.
These steps of taking in patient information, medical history, medical insurance policy relating to the current symptoms for that patient and at least one medical test, health plan information, and laboratory information, determining a suitable test for determining the patient’s ailment for the health care provider to recommend to the patient based on varying patient information and criteria such as distance, plan coverage, etc. by querying a database storing laboratory information and/or health plan information, and generating an output of indications regarding a suitable test for the patient based on user-specification, as drafted, under the broadest reasonable interpretation, includes performance of the limitation in the mind but for recitation of generic computer components. That is, other than reciting steps as performed by the generic computer components, nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the medical history, medical insurance policy relating to the current symptoms for that patient and at least one medical test, health plan information, and laboratory information, receiving this information in the context of this claim encompasses a mental process of a doctor or user gathering information on the patient orally, or from patient medical records/insurance information. For example, but for the determining a potential diagnosis and a laboratory test to verify said potential diagnosis language based on the varying received information, determining a diagnosis and laboratory test in the context of this claim encompasses a mental process of the doctor determining a potential diagnosis following the determination of the patient’s symptoms via bodily examination and choosing a test to correctly verify the potential diagnosis. Similarly, the limitation of receiving updates of laboratory information, such as laboratory processing time, etc. covers performance of the limitation in the mind of the doctor querying and receiving information regarding turnaround time/processing time for certain medical tests to be ordered or that have been ordered, but for the recitation of generic computer components. For example, but for the accessing a user-defined specification for a user interface page, and generating customized information based on the user-defined specification in the context of this claim encompasses a mental process of a user generating information based on a specification defined by a doctor or other entity for a user to view. Furthermore, the claims make mention of database servers, application servers, a clustered server environment, etc. These computer components read as mere tools to apply an exception as further denoted below. While Examiner is not asserting that the human mind can necessarily carry out the varying computerized processes described throughout the independent claims, such as varying computerized storage steps, computerized transmitting steps, computerized/display formatting steps, electronic report presenting steps, and/or updating said displayed/presented elements these steps and components are considered generic computer tools that are recited at a high, generic level to simply perform the abstract steps of storing information, transmitting information, formatting information, and/or presenting information. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, according to MPEP 2106.04(a)(2)(III)(C) then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the independent claims recite an abstract idea.
Additionally, the steps of taking in patient information, medical history, medical insurance policy relating to the current symptoms for that patient and at least one medical test, health plan information, and laboratory information, determining a suitable test for determining the patient’s ailment for the health care provider to recommend to the patient based on varying patient information and criteria such as distance, plan coverage, insurance reimbursement, etc. by querying a database storing laboratory information and/or health plan information, and generating an output of indications regarding a suitable test for the patient based on user-specification, such as a desired price or amount of reimbursement, as drafted, under the broadest reasonable interpretation, include certain methods of organizing human activity. For instance, the amendments to the independent claims recite aspects of insurance reimbursement and desired prices for one or more medical tests to be performed at a laboratory. Furthermore, ordering medical tests according to insurance reimbursement/plan coverage also relates heavily to commercial interactions in the form of contracts, at least by insurance agreements and policies constituting a contract between the patient, the facility providing the medical test, and the insurance company providing said plan/agreement to the patient. Therefore, due to the commercial and/or economic nature of filtering certain medical/lab tests a patient can receive based on insurance reimbursement and/or pricing of medical tests to be fulfilled at a laboratory, the concepts recited in the independent claims heavily relate to fundamental economic principles or practices (e.g. insurance) and commercial interactions, which as set forth in MPEP 2106.04(a)(2)(II)(A)-(B), constitute certain methods of organizing human activity. Accordingly, the independent claims recite an abstract idea.
Dependent claims recite additional subject matter which further narrows or defines the abstract idea embodied in the claims (such as claims 2-4, 6-10, 12-14, and 16-21, reciting particular aspects of how the system determines patient eligibility for certain medical tests, accessing medical knowledge databases, or creating multiple subsets of potential tests that may be performed in the mind but for recitation of generic computer components).
This judicial exception is not integrated into a practical application. In particular, the additional elements do not integrate the abstract idea into a practical application, other than the abstract idea per se, because the additional elements amount to no more than limitations which:
amount to mere instructions to apply an exception (such as recitation of an electronic device/laboratory test management/health care provider system, an application server, a data store, a display, a portal (page), a decision support component, database servers/clustered server environment amounts to invoking computers as a tool to perform the abstract idea, see applicant’s specification [0023] for an electronic device/laboratory test management/health care provider system, an application server, [0042] for an application server, [0047]-[0048] for a data store, [0040] for a display, [0060] for a portal (page), [0099]-[0100] for a decision support component, [0060] for database servers/clustered server environment, see MPEP 2106.05(f));
add insignificant extra-solution activity to the abstract idea (such as recitation of receiving patient data/medical information via an EHR or accessing a data store containing at least one current symptom of the patient, receiving/accessing customized information and a user-defined specification, receiving instructions for initiating an application/user interface, receiving updates to laboratory information regarding laboratory processing time, receiving one or more recommendations for a medical test, querying a database server to obtain policy information, laboratory information, and/or health plan information amounts to mere data gathering; recitation of using one or more of the received information to determine a potential diagnosis of the patient and/or potential medical test to verify the diagnosis based on price point and distance to a laboratory location, generating and/or formatting a portal page with customized information or horizontal/vertical formatting based on the received user-defined specification, and updating information in said portal when updated information is received, determining whether an identified laboratory test satisfies varying selection criteria amounts to selecting a particular data source or type of data to be manipulated, recitation of verifying the lab test based on the accessed medical data, medical codes, and/or other criteria amounts to insignificant application, see MPEP 2106.05(g));
generally link the abstract idea to a particular technological environment or field of use (such as recitation of historical medical information, diagnoses, and possible laboratory/clinical tests being determined and/or querying databases with varying laboratory information/health plan information, and/or recitation of a mobile/service-oriented architecture, the computer clustered server environment, providing application/user interface functionality, etc., see MPEP 2106.05(h)).
Dependent claims recite additional subject matter which amount to limitations consistent with the additional elements in the independent claims (such as claims 2-4, 6-10, 12-14, and 16-21, which recite using machine learning to perform specific aspects of the abstract idea, such as recitation of a server/application server, various electronic information/storage, additional limitations which amount to invoking computers as a tool to perform the abstract idea; claims 2-4, 6-10, 12-14, and 16-20, which recite limitations relating to gathering data such as patient medical information, laboratory test results, subsets of patient data, evidence based guidelines, gathering medical information about the patient or medical classification codes from a database additional limitations which add insignificant extra-solution activity to the abstract idea which amounts to mere data gathering; claims 2-4, 6-10, 12-14, and 16-21, which recite specific data being used in the machine learning process of determining potential diagnoses and medical tests thereafter, and/or updating information/display of information based on updates to varying information, additional limitations which add insignificant extra-solution activity to the abstract idea by selecting a particular data source or type of data to be manipulated; claims 2-4, 6-10, 12-14, and 16-21, which link, at a highly-general level, the application of the abstract idea to medical diagnosis, medical classification coding, and medical tests, additional limitations which generally link the abstract idea to a particular technological environment or field of use). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation and do not impose a meaningful limit to integrate the abstract idea into a practical application.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to discussion of integration of the abstract idea into a practical application, the additional elements amount to no more than mere instructions to apply an exception, add insignificant extra-solution activity to the abstract idea, and generally link the abstract idea to a particular technological environment or field of use. Additionally, the additional limitations, other than the abstract idea per se, amount to no more than limitations which:
amount to elements that have been recognized as well-understood, routine, and conventional activity in particular fields (such as receiving patient data/medical information via an EHR or accessing a data store containing at least one current symptom of the patient, receiving/accessing customized information and a user-defined specification, receiving instructions for initiating an application/user interface, receiving updates to laboratory information regarding laboratory processing time, receiving one or more recommendations for a medical test, querying a database server to obtain policy information, laboratory information, and/or health plan information, e.g., receiving or transmitting data over a network, Symantec, MPEP 2106.05(d)(II)(i); using one or more of the received information to determine a potential diagnosis of the patient and/or potential medical test to verify the diagnosis based on price point and distance to a laboratory location, generating and/or formatting a portal page with customized information or horizontal/vertical formatting based on the received user-defined specification, and updating information in said portal when updated information is received, determining whether an identified laboratory test satisfies varying selection criteria, e.g., performing repetitive calculations, Flook, MPEP 2106.05(d)(II)(ii); sending the determined possible lab test to the electronic device and updating the patient’s files to reflect the diagnosis and determination, maintaining a generated, user-defined specification for a portal page, updating policy, laboratory and/or health plan information in a database server, updating recommended possibly laboratory tests based on updates to laboratory information in a record or data store, e.g., electronic recordkeeping, Alice Corp., MPEP 2106.05(d)(II)(iii); storing and retrieving patient information, storing historical medical information, storing laboratory test protocols, medical classification codes and guidelines, possible medical tests, and retrieving the possible medical tests once sent, storing customized information based on user-defined specification, storing instructions/user-defined specification for producing a portal and/or portal page formatting, storing application functionality/instructions, storing policy, laboratory and/or health plan information in a database server, e.g., storing and retrieving information in memory, Versata Dev. Group).
Dependent claims recite additional subject matter which, as discussed above with respect to integration of the abstract idea into a practical application, amount to invoking computers as a tool to perform the abstract idea. Dependent claims recite additional subject matter which amount to limitations consistent with the additional elements in the independent claims (such as claims 2-4, 6-10, 12-14, and 16-201 additional limitations which amount to elements that have been recognized as well-understood, routine, and conventional activity in particular fields, e.g. claims 2-4, 6-10, 12-14, and 16-21 reciting the use of a server or server means to communicate data, determinations, and patient information over a network, receiving updated information and/or customized information to be displayed, e.g., receiving or transmitting data over a network, Symantec, MPEP 2106.05(d)(II)(i); claims 2-4, 6-10, 12-14, and 16-20 reciting making determinations of potential diagnosis and medical tests thereafter based on probability and matching symptoms/signs with already existing medical guidelines, e.g., performing repetitive calculations, Flook, MPEP 2106.05(d)(II)(ii); claims 4, 6-8, 14, 16-18, & 21 reciting updating a first and second subset based on certain forms of patient eligibility to receive the tests located in those subsets, updating and maintaining customized information and/or display of the customized information based on updates to laboratory information/tests, e.g., electronic recordkeeping, Alice Corp., MPEP 2106.05(d)(II)(iii); claims 2-4, 6-10, 12-14, and 16-21 disclosing determining and storing the possible diagnoses and tests of the patient, storing varying received information, such as in a database, display, and/or applications server, storing computerized instructions for execution of the displaying of elements on an interface, e.g., storing and retrieving information in memory, Versata Dev. Group, MPEP 2106.05(d)(II)(iv). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 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.
Claims 1-4, 6-14, & 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over Conlin et al. (U.S. Patent Publication No. 2013/0197943), hereinafter “Conlin”, in view of Pestotnik et al. (U.S. Patent Publication No. 2004/0260666), hereinafter “Pestotnik”.
Claim 1 –
Regarding Claim 1, Conlin teaches a method for providing decision support to a health care provider system, the method comprising:
receiving, by an application server in communication with a plurality of database servers through one or more networks (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Par [0026] which discloses communication between multiple, i.e. one or more networks, as well as host-to-host data transfer), medical information from an electronic device associated with the health care provider through the one or more networks (See Conlin Par [0039] which discloses various devices associated with health care providers being included in a network that are in communication with other various devices; See Conlin Par [0026] which discloses communication between multiple, i.e. one or more networks, as well as host-to-host data transfer), wherein the medical information comprises:
at least a portion of a patient electronic health record usable to identify historical medical information for a patient (See Conlin Par [0022] which discloses patient, i.e. medical information, including electronic medical/health records), and
in response to receiving the medical information:
dynamically determining, by the application server, at least one possible laboratory test for the health care provider to recommend for the patient (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Par [0036] which discloses the server determining one or more possibly laboratory tests based on medical information received and querying a data store comprising a plurality of laboratory tests),
the at least one possible laboratory test being identified in the policy as being associated with a medical condition that is also identified with the current symptom of the patient (See Conlin Par [0036] which discloses the server determining one or more possibly laboratory tests based on medical information received and querying a data store comprising a plurality of laboratory tests; See Conlin Par [0024] which discloses the data relating toa laboratory or test may be associated with a specific medical condition and/or published medical and/or scientific literature),
the at least one possible laboratory test being available to the patient, via the health plan, at a price below a threshold price at a laboratory identified in the laboratory information (See Conlin Par [0033] which discloses outputting an option and/or options for a diagnostic test and/or plan coverage information from a patient’s health plan relating to coverage for the diagnostic test; See Conlin Par [0094] which discloses patient benefits related to the one or more laboratory tests may be presented to a health care provider or other user including a maximum payment for the one or more laboratory tests based on health plan information, such that the maximum payment may be the maximum, i.e. threshold, allowed by the health plan provider such that any possible test would have to be below said maximum payment), wherein
the laboratory location is within a specified distance of a location of the patient (See Conlin Par [0053] which discloses information related to laboratories may include information such as location, costs for various tests, turnaround time, type of tests performed, current capacity levels, historical information related to tests that have been performed by one or more laboratories, current information regarding one or more orders such as order statuses, addresses, personnel, contacts, usernames, passwords, other identification, or other laboratory information; See Conlin Par [0108] discloses presenting multiple laboratories for performing the one or more medical tests, including a laboratory facility that is in close proximity to a patient), and wherein
the laboratory is identified as being able to process the laboratory test within a length of time below a threshold length of time (See Conlin Par [0053] which discloses information related to laboratories may include information such as location, costs for various tests, turnaround time, type of tests performed, current capacity levels, historical information related to tests that have been performed by one or more laboratories, current information regarding one or more orders such as order statuses, addresses, personnel, contacts, usernames, passwords, other identification, or other laboratory information; See Conlin Par [0094] which discloses patient benefits related to the one or more laboratory tests being presented, such that a maximum payment may be based on volume or number of laboratory tests performed within a timeframe. In one embodiment, a maximum payment may be based on a turnaround time. For example, a laboratory test that needs completion within two days may have a higher maximum payment than the same laboratory test that needs completion within one week, i.e. a specified timeframe):
accessing the historical medical information for the patient (See Conlin Par [0022] which discloses patient, i.e. medical information, including electronic medical/health records; See Conlin Par [0086] which discloses patient information comprising historical medical information for the patient to be used to determine which tests, if any, are recommended);
querying a database server, of the plurality of database servers, that stores one or more policies, a respective policy of the one or more policies relating at least at least one medical condition to at least one symptom and at least one laboratory test, for accessing the policy associated with the received medical information (See Conlin Par [0087] which discloses a policy comprising evidenced based guidelines; symptoms, historical medical information, illnesses or diseases, any laboratory tests, or a combination thereof, may be used to determine one or more tests to present to a health care provider or other user of the system, such that a data store may contain medical codes, evidence based guidelines, and historical information for patient, including patient, i.e. medical information, including a patient’s current medical status or condition, i.e. symptoms as in Conlin Par [0022], such that the server may receive a request, i.e. querying, for a laboratory test; See Conlin Par [0027] which discloses a database or a plurality of databases containing said laboratory information data, health plan information data, and/or evidence-based guidelines/codes), identifying at least one medical condition related to the historical medical information and the at least one current symptom for the patient, and identifying at least one laboratory test based on the policy and the identified at least one medical condition (See Conlin Par [0022] which discloses patient, i.e. medical information, including a patient’s current medical status or condition, i.e. symptoms; See Conlin Par [0024] which discloses receiving laboratory information including test offerings, expertise, location, contact information, processing time, sample collection, insurance reimbursement, insurance network. coverage, as well as detailed information relating to specific tests and the relationship between published medical and/or scientific literature and a test or tests, and/or specific medical conditions; See Conlin Par [0087] which discloses one or more data stores, i.e. databases, being queried in making determinations of one or more tests to present to a health care provider or other user of the system based on evidenced based guidelines; symptoms, historical medical information, illnesses or diseases, any laboratory tests, or a combination thereof);
querying a database server of the databases servers that stores health plan information using at least the received medical information and the policy (See Conlin Par [0087] which discloses one or more data stores, i.e. databases, being queried in making determinations of one or more tests to present to a health care provider or other user of the system based on evidenced based guidelines; symptoms, historical medical information, illnesses or diseases, any laboratory tests, or a combination thereof; See Conlin Par [0025] & [0027] which discloses health plan information being received that may comprise data relating to a health plan and/or a health insurance plan such that the data can be used to identify a health plan of the patient and further discloses in Par [0027] that a database or a plurality of databases contains said laboratory information data, health plan information data, and/or evidence-based guidelines/codes), for identifying a health plan associated with the patient (See Conlin Par [0025] & [0027] which discloses health plan information being received that may comprise data relating to a health plan and/or a health insurance plan such that the data can be used to identify a health plan of the patient); and
based on the identified at least one laboratory test, querying a database server of the plurality of database servers, that stores laboratory information for accessing laboratory information for the identified at least one laboratory test, the laboratory information including test offerings, location, processing time, and insurance reimbursement (See Conlin Par [0024] which discloses the various laboratory test information including test offerings, location, processing time, and/or insurance reimbursement; See Conlin Par [0027] which discloses that a database or a plurality of databases contains said laboratory information data, health plan information data, and/or evidence-based guidelines/codes).
determining whether the identified at least one laboratory test satisfies selection criteria based on the health plan information and the laboratory information, including the test offerings, the location, processing the processing time, and the insurance reimbursement (See Conlin Par [0024] which discloses the various laboratory test information including test offerings, location, processing time, and/or insurance reimbursement; See Conlin Par [0110] which discloses presentation and selection of one or more laboratory may be based on a combination of factors, such as satisfying criteria of laboratory information and/or test information);
selecting at least one laboratory test satisfying the selection criteria as the at least one possible laboratory test (See Conlin Par [0110] which discloses presentation and selection of one or more laboratory may be based on a combination of factors, such as satisfying criteria of laboratory information and/or test information);
providing, by the application server, using a service-oriented architecture, application functionality hosted by the application server as a passthrough to users and configured to be presented in a portal including one or more pages ( See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular’ See Conlin Par [0060] which discloses Service-Oriented Architecture (SOA) being used to deliver application server content and functionality, and the server hosting the portal may only be a “pass through” for the user and, by the user of portlets, application functionality can be presented in any number of portal pages);
accessing a user-defined specification for a horizontal portal page, a vertical portal page, or a combination horizontal and vertical portal page (See Conlin Par [0026] which discloses one or more communication protocols that define the rules and data formats for exchanging information in a computer network; See Conlin Par [0059] which discloses a web portal being presented in a horizontal, vertical, or a combination of a horizontal and a vertical portal page such as to present results to a user; See Conlin Par [0076] which discloses one or more users can customize the presentation of results and/or test reports, i.e. in the portal environment) to present one or more of at least some of the historical medical information, graphical indications, raw data, the test information, recommendations, laboratory information, and the at least one possibly laboratory test as configured by the user defined specification for the one or more portal pages as part of the physician decision support component (See Conlin Par [0059] which discloses a web portal being presented in a horizontal, vertical, or a combination of a horizontal and a vertical portal page such as to present results to a user that brings together and/or aggregates content from other systems and/or servers, and/or a database, or databases, that include patient information, including historical medical information, raw data, etc., health plan information and/or laboratory information; See Conlin Par [0076] which discloses one or more users can customize the presentation of results and/or test reports, i.e. in the portal environment);
generating customized information based on the user-defined specification, the customized information including the at least one possible laboratory test and at least some of the historical medical information, at least some of the test information, and at least some of the laboratory information (See Conlin Par [0076] for customizing the presentation of results and/or test reports, i.e. in the portal environment, including customizing which information is available for viewing, including one or more laboratory tests/information, graphical indications, test results report, historical medical information, recommendations, test information/results);
formatting one or more portal pages according to the user-defined specification for the horizontal portal page, the vertical portal page, or the combination horizontal and vertical portal page presenting the customized information and one or more of the graphical indications, raw data, and recommendations (See Conlin Par [0026] which discloses one or more communication protocols that define the rules and data formats for exchanging information in a computer network; See Conlin Par [0059] which discloses a web portal being presented in a horizontal, vertical, or a combination of a horizontal and a vertical portal page such as to present results to a user; See Conlin Par [0076] which discloses one or more users can customize the presentation of results and/or test reports, i.e. in the portal environment); and
causing, by the application server, customized display as formatted and as part of the physician decision support component, the laboratory information, the customized information and one or more of the graphical indications, raw data, and recommendations based on the patient electronic health record (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Par [0026] which discloses one or more communication protocols that define the rules and data formats for exchanging information in a computer network; See Conlin Par [0059] which discloses a web portal being presented in a horizontal, vertical, or a combination of a horizontal and a vertical portal page such as to present results to a user; See Conlin Par [0076] which discloses one or more users can customize the presentation of results and/or test reports, i.e. in the portal environment; See Conlin Par [0076] for customizing the presentation of results and/or test reports, i.e. in the portal environment, including customizing which information is available for viewing, including one or more laboratory tests/information, graphical indications, test results report, historical medical information, recommendations, test information/results);
subsequent to causing the customized display, receiving an update to the laboratory information, the update relating to the laboratory processing time (See Conlin Par [0074] which discloses the laboratory sending status information to server through network, such that the status information may include whether a sample related to the test has been collected, the historical location of the sample, a current location of the sample, whether the laboratory test has been started, an expected completion date for the laboratory test, whether the results of a laboratory test are available, whether the results of a laboratory test have been received, or other status information; See Conlin Par [0106]-[0107] which discloses a health care provider making a decision, i.e. update, regarding which laboratory should complete which test based on one or more factors including, but not limited to, laboratory qualifications, test processing time, health plan benefit information and the like; See Conlin Par [0101] which discloses updates to patient, laboratory, clinical outcomes, clinical research, specific tests, and/or other data may impact a guideline or policy, such that the guideline or policies are subject to updating and/or changes in view of altered, i.e. updated, background data, and is therefore understood to include the test processing time data as described in Conlin Par [0106]-[0107], although this particular data is not explicitly recited); and
in response to receiving the update to the laboratory information, updating, by the application server, the recommended possible laboratory test based on the update to the laboratory information (See Conlin Par [0059]-[0060] which discloses a portal being used to deliver application server content and functionality, such that the web portal may be hosted on a portal server that includes connectivity to an application server; See Conlin Par [0101] which discloses updates to patient, laboratory, clinical outcomes, clinical research, specific tests, and/or other data may impact a guideline or policy, such that the guideline or policies are subject to updating and/or changes in view of altered, i.e. updated, background data, and is therefore understood to include the test processing time data as described in Conlin Par [0106]-[0107], although this particular data is not explicitly or expressly recited in Par [0101]);
updating, by the application server, the portal to reflect the update to the at least one possible laboratory test (See Conlin Par [0059]-[0060] which discloses a portal being used to deliver application server content and functionality, such that the web portal may be hosted on a portal server that includes connectivity to an application server; See Conlin Par [0076] which discloses one or more users can customize the presentation of results and/or test reports, i.e. in the portal environment; See Conlin Par [0076] for customizing the presentation of results and/or test reports, i.e. in the portal environment, including customizing which information is available for viewing, including one or more laboratory tests/information, graphical indications, test results report, historical medical information, recommendations, test information/results; See Conlin Par [0101] which discloses updates to patient, laboratory, clinical outcomes, clinical research, specific tests, and/or other data may impact a guideline or policy, such that the guideline or policies are subject to updating and/or changes in view of altered, i.e. updated, background data, and is therefore understood to include the test processing time data as described in Conlin Par [0106]-[0107], although this particular data is not explicitly or expressly recited in Par [0101]).
While it is generally understood by Examiner that Conlin Par [0026], [0059], & [0076] effectively discloses web portal being presented in a horizontal, vertical, or a combination of a horizontal and a vertical portal page such as to present results to a user, and one or more users can customize the presentation of results and/or test reports, i.e. in the portal environment, Conlin does not seem to explicitly recite or suggest “accessing a user-defined specification for a horizontal portal page, a vertical portal page, or a combination horizontal and vertical portal page”. That is, while the user may be able to customize presentation of results and/or test reports, i.e. in the portal environment, dimensions of said results and/or test reports or pages presenting said results/reports being defined and/or specified by the user as required by:
accessing a user-defined specification for a horizontal portal page, a vertical portal page, or a combination horizontal and vertical portal page to present one or more of the at least some of the historical medical information, graphical indications, raw data, the test information, recommendations, laboratory information, and the possible laboratory test as configured by the user defined specification for the one or more portal pages as part of the physician decision support component;
formatting one or more portal pages according to the user-defined specification for the horizontal portal page, the vertical portal page, or the combination horizontal and vertical portal page presenting the customized information and one or more of the graphical indications, raw data, and recommendations;
causing, by the server, customized display as formatted and as part of the physician decision support component, the laboratory information , the customized information and one or more graphical indications, raw data, and recommendations based on the patient electronic health record.
However, Pestotnik discloses these limitations in their entirety:
accessing a user-defined specification for a horizontal portal page, a vertical portal page, or a combination horizontal and vertical portal page to present one or more of the at least some of the historical medical information, graphical indications, raw data, the test information, recommendations, laboratory information, and the possible laboratory test as configured by the user defined specification for the one or more portal pages as part of the physician decision support component (See Pestotnik Par [0097] which discloses a web module and interface module that controls how and when the decision-supported patient data is presented such that the web module defines the layout or format of the web page, i.e. understood that layout of an interface or page accounts for vertical and horizontal specifications, such that the web page supports viewing the decision-supported patient data; See Pestotnik Par [0097] which further discloses that the clinician and/or the patient may vary the particular configuration of the web page upon which they will view the decision supported patient data; See further Pestotnik Par [0024] which discloses that each decision-supported progress note (i.e. graphical indication) that is presented to the patient includes data representative of at least one medication condition (i.e. raw data), and at least one medical care recommendation for a patient (i.e. recommendations); See Pestotnik Par [0110]-[0114] which discloses a clinician or patient being able to define the display format, i.e. vertical and horizontal specifications of a page or table presented, of the patient data transmitted to the user module);
formatting one or more portal pages according to the user-defined specification for the horizontal portal page, the vertical portal page, or the combination horizontal and vertical portal page presenting the customized information and one or more of the graphical indications, raw data, and recommendations (See Pestotnik Par [0097] which discloses a web module and interface module that controls how and when the decision-supported patient data is presented such that the web module defines the layout or format of the web page, i.e. understood to account for vertical and horizontal specifications, such that the web page supports viewing the decision-supported patient data; See Pestotnik Par [0110]-[0114] which discloses a clinician or patient being able to define the display format, i.e. vertical and horizontal specifications of a page or table presented, of the patient data transmitted to the user module; See further Pestotnik Par [0024] which discloses that each decision-supported progress note (i.e. graphical indication) that is presented to the patient includes data representative of at least one medication condition (i.e. raw data), and at least one medical care recommendation for a patient (i.e. recommendations)); and
causing, by the server, customized display as formatted and as part of the physician decision support component, the laboratory information , the customized information and one or more graphical indications, raw data, and recommendations based on the patient electronic health record (See Pestotnik Par [0097] which discloses a web module and interface module that controls how and when the decision-supported patient data is presented such that the web module defines the layout or format of the web page, i.e. understood to account for vertical and horizontal specifications, such that the web page supports viewing the decision-supported patient data (i.e. raw data); See further Pestotnik Par [0024] which discloses that each decision-supported progress note (i.e. graphical indication) that is presented to the patient includes data representative of at least one medication condition (i.e. raw data), and at least one medical care recommendation for a patient (i.e. recommendations); See Pestotnik Par [0110]-[0114] which discloses a clinician or patient being able to define the display format, i.e. vertical and horizontal specifications of a page or table presented, of the patient data transmitted to the user module).
The disclosure of Pestotnik is directly applicable to the combined disclosure of Conlin because the inventions share capabilities and limitations, namely, they are all directed towards providing decision support systems for medical diagnoses/treatment given certain patient data and information.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Conlin, which already discloses the presentation of various medical information via interface or portal, to further include various, customizable formatting aspects of the user-portal page, such as horizontal and vertical aspects of the page, layout of data presented, etc., as disclosed by Pestotnik. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Conlin to further include various, customizable formatting aspects of the user-portal page, as disclosed by Pestotnik, because this allows for the clinician to control the amount, formatting, and/or depiction of data to a patient through the user interface and by providing particular display configuration(s), the system assists a clinician in diagnosing, treating, and providing medical care to the patient (See Pestotnik Par [0110]-[0111]).
Claim 2 –
Regarding Claim 2, Conlin and Pestotnik disclose the method of Claim 1 in its entirety. Conlin further discloses a method wherein:
comprises selecting at least one laboratory test satisfying the selection criteria comprises:
accessing, by the application server, evidence-based guidelines for the medical condition (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Par [0032] which discloses a policy comprising evidence-based guidelines that can be used, and further discloses in Conlin Par [0083] that the laboratory test specified in the request can be validated/verified when compared to information stored in the data store, e.g. policy containing evidence-based guidelines for medical conditions/, a list of IDC-10 code, etc.); and
selecting, by the application server, the at least one laboratory test from a plurality of available laboratory tests based at least in part on the evidence-based guidelines (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Par [0032] which discloses a policy comprising evidence-based guidelines that can be used, and further discloses in Conlin Par [0083] that the laboratory test specified in the request can be validated/verified when the server compares the test(s) to information stored in the data store, e.g. policy containing evidence-based guidelines, a list of IDC-10 code, etc., such that a list of various tests may result in the selection of one or more laboratory tests in Conlin Par [0084]).
Claim 3 –
Regarding Claim 3, Conlin and Pestotnik disclose the method of Claim 2 in its entirety. Conlin further discloses a method wherein:
the evidence-based guidelines comprise information from at least one of a medical journal article, a medical case study or a clinical trial (See Conlin Par [0084] which discloses the evidence-based guidelines may be derived from any number of medical sources including, but not limited to, journals, articles, case studies, publications, various data stores containing medical information, or other medical literature).
Claim 4 –
Regarding Claim 4, Conlin and Pestotnik disclose the method of Claim 3 in its entirety. Conlin further discloses a method, wherein:
the received medical information comprises information for identifying a health care policy from a health plan provider (See Conlin Claim 12 which discloses the received medical information comprises information for identifying a health care policy from a health plan provider, the health care policy associated with a patient); and
the healthcare policy being associated with the patient (See Conlin Claim 12 which discloses the received medical information comprises information for identifying a health care policy from a health plan provider, the health care policy associated with a patient) and wherein
determining at least one possible laboratory test based at least in part on the received medical information and the policy comprises (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Par [0036] which discloses the server determining one or more possibly laboratory tests based on medical information received and querying a data store comprising a plurality of laboratory tests):
dynamically determining, by the application server, a first subset of laboratory tests from a plurality of available laboratory tests based at least in part on the received medical information and the policy (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Claim 12 which discloses determining a first subset of laboratory tests from a plurality of available laboratory tests based at least in part on the received medical information, which includes, as described in Conlin Par [0052], one or more policies relating to evidence based guidelines for one or more diseases, illnesses, medical tests, etc., such that information related to policies includes information that may be used to offer suggestions regarding tests or procedures that are typically followed for a particular illness, system or set of symptoms, or other evidence-based information);
dynamically determining, by the application server, a second subset of laboratory tests from the first subset that the patient is currently eligible to receive under the healthcare policy from the health plan provider (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Claim 12 which discloses determining a second subset of laboratory tests from the first subset that the patient is currently eligible to receive under the health care policy from the health plan provider; and selecting at least one laboratory test from the second subset); and
selecting, by the application server, at least one laboratory tests from the second subset (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Claim 12 which discloses selecting at least one laboratory test from the second subset).
Claim 6 –
Regarding Claim 6, Conlin and Pestotnik discloses the method of Claim 1 in its entirety. Conlin further discloses a method, wherein:
dynamically determining, by the application server, at least one possible laboratory test for the health care provider to recommend (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Par [0036] which discloses the server determining one or more possibly laboratory tests based on medical information received and querying a data store comprising a plurality of laboratory tests) comprises:
dynamically determining, by the application server, one or more laboratory tests that the patient has previously received (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Claim 14 which discloses determining one or more laboratory tests that the patient has previously received);
dynamically determining, by the application server, whether a predetermined required period of time since receiving the laboratory test has passed (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Claim 14 which discloses a predetermined required period of time since receiving the laboratory test has passed); and
including, by the application server, one or more laboratory tests as a recommended laboratory test in response to determining that the predetermined required period of time since receiving the laboratory test has passed (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Claim 15 which discloses determining whether the predetermined period of time has elapsed and in response to a determination that the predetermined period of time has elapsed, recommending, i.e. including, the one or more laboratory tests).
Claim 7 –
Regarding Claim 7, Conlin and Pestotnik disclose the method of Claim 6 in its entirety. Conlin further discloses a method, wherein:
dynamically determining, by the application server, at least one possible laboratory test for the health care provider to recommend comprises (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Par [0036] which discloses the server determining one or more possibly laboratory tests based on medical information received and querying a data store comprising a plurality of laboratory tests):
dynamically determining, by the application server, a related laboratory test for one or more laboratory tests from the first subset (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Claim 15 which discloses determining a laboratory test related to one or more laboratory tests from the first subset), wherein
the patient previously received the related laboratory test (See Conlin Claim 15 which discloses determining a laboratory test related to one or more laboratory tests from the first subset, wherein the patient previously received the related laboratory test), wherein
a predetermined period of time is required after receiving the related laboratory test before the patient is eligible to receive the one or more laboratory tests (See Conlin Claim 15 which discloses determining a laboratory test related to one or more laboratory tests from the first subset, wherein the patient previously received the related laboratory test, wherein a predetermined period of time is required after receiving the related laboratory test before the patient is eligible to receive the one or more laboratory tests);
dynamically determining by the application server, whether the predetermined period of time has elapsed (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Claim 15 which discloses determining whether the predetermined period of time required after receiving the related laboratory test before the patient is eligible to receive the one or more laboratory tests has elapsed); and
in response to a determination that the predetermined period of time has elapsed, including, by the application server, the one or more laboratory tests as a recommended possible laboratory test (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Claim 15 which discloses in response to a determination that the predetermined period of time has elapsed, recommending, i.e. including, the one or more laboratory tests).
Claim 8 –
Regarding Claim 8, Conlin and Pestotnik disclose the method of Claim 7 in its entirety. Conlin further discloses a method, wherein:
dynamically determining, by the application server, at least one possible laboratory test for the health care provider to recommend comprises (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Par [0036] which discloses the server determining one or more possibly laboratory tests based on medical information received and querying a data store comprising a plurality of laboratory tests):
sending, by the application server, at least one question to the electronic device, answers to the at least one question usable to determine whether the patient is eligible to receive at least one laboratory test in the first subset (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Claim 16 which discloses sending at least one question to the electronic device, answers to the at least one question usable to determine whether the patient is eligible to receive at least one laboratory test in the first subset );
receiving, by the application server, at least one laboratory test in the first subset based at least in part on answers to the at least one question received from the electronic device (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Claim 16 which discloses receiving answers to the at least one question from the electronic device and determining whether the patient is eligible to receive the at least one laboratory test in the first subset based on the answers usable to determine eligibility); and
dynamically determining, by the application server, whether the patient is eligible to receive the at least one laboratory test based at least in part on the answers to the at least one question received from the electronic device (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Claim 16 which discloses receiving answers to the at least one question from the electronic device and determining whether the patient is eligible to receive the at least one laboratory test in the first subset based on the answers usable to determine eligibility); and
in response to determining that the patient is eligible to receive the at least one laboratory test including, by the application server, the at least one laboratory test as a recommended laboratory test (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Claim 15 which discloses in response in response to a determination that the patient is eligible to receive the at least one laboratory test in the first subset based on the answers usable to determine eligibility, recommending, i.e. including, the one or more laboratory tests).
Claim 9 –
Regarding Claim 9, Conlin and Pestotnik disclose the method of Claim 1 in its entirety. Conlin further discloses a method, wherein:
the received medical information comprises an order for at least one laboratory test for the patient (See Conlin Claim 17 which discloses the received medical information comprises an order for at least one laboratory test for a patient) and wherein
determining at least one possible laboratory test based at least in part on the received medical information and the policy comprises (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Par [0036] which discloses the server determining one or more possibly laboratory tests based on medical information received and querying a data store comprising a plurality of laboratory tests):
accessing, by the application server, evidence-based guidelines for the determined potential diagnosis (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin claim 17 which discloses accessing evidence-based guidelines associated with one or more of the at least one laboratory test in the order); and
dynamically determining, by the application server, at least one of an additional laboratory test or an alternative laboratory test based at least in part on the evidence-based guidelines (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Claim 17 which discloses determining at least one of an additional laboratory test or an alternative laboratory test based at least in part on the evidence-based guidelines).
Claim 10 –
Regarding Claim 10, Conlin and Pestotnik disclose the method of Claim 1 in its entirety. Conlin further discloses a method, wherein:
the received medical information comprises:
an order for at least one laboratory test for the patient (See Conlin Claim 17 which discloses the received medical information comprises an order for at least one laboratory test for a patient); and
a medical classification code representing the at least one laboratory test for the patient (See Conlin Par [082] which discloses a classification code for a laboratory test may be assigned that closely matches the name of a laboratory test, i.e. to represent and/or identify said test as in Conlin Claims 2-4) and wherein
determining at least one possible laboratory test based at least in part on the received medical information and the policy comprises (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Par [0036] which discloses the server determining one or more possibly laboratory tests based on medical information received and querying a data store comprising a plurality of laboratory tests):
dynamically determining, by the application server, a validity of the medical classification code by querying a data store comprising a plurality of valid medical classification codes (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Par [0081] which discloses a code specified in the request may be compared with codes provided in ICD-10 to determine whether the code is a valid code, such that an ICD-9 or ICD-10 medical classification list may be maintained in a data store for comparison purposes as descried in Conlin Par [0083]);
comparing, by the application server, the medical classification code to the plurality of valid medical classification codes (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Par [0081] which discloses a code specified in the request may be compared with codes provided in ICD-10 to determine whether the code is a valid code, such that an ICD-9 or ICD-10 medical classification list may be maintained in a data store for comparison purposes); and
verifying, by the application server, the order for the at least one laboratory test in response to determining that the medical classification code is valid (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Par [0083] which discloses server accesses information stored in one or more external data stores, i.e. classification list of various laboratory tests, to perform a test verification for at least a portion of an order) or determining at least one additional laboratory test or an alternative laboratory test in response to determining that the medical classification code is invalid (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Par [0081] which discloses a code specified in the request may be compared with codes provided in ICD-10 to determine whether the code is a valid code, such that an ICD-9 or ICD-10 medical classification list may be maintained in a data store for comparison purposes and further discloses if the code specified in the request is also listed in the ICD-10 list, then a determination may be made that the code is valid, otherwise, the code specified in the request may be determined to be invalid, such that the appropriate ICD-10 number associated with (an alternative/additional) laboratory test may be assigned).
Claim 11 –
Regarding Claim 11, Conlin discloses a system comprising:
a health care provider system (See Conlin Par [0039] which discloses various devices associated with health care providers being included in a network that are in communication with other various devices);
an electronic device associated with a health care provider (See Conlin Par [0039] which discloses various devices associated with health care providers being included in a network that are in communication with other various devices);
an application server of a laboratory test management system (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular); and
a plurality of database servers of the laboratory test management system in communication with the application server, both in a clustered server environment (See Conlin Par [0060] which discloses the application server is connected to database servers, and may be part of a clustered server environment; )
the database servers configured to store the historical medical information, a plurality of laboratory tests, and a policy associated with received medical information (See Conlin Par [0087] which discloses a policy comprising evidenced based guidelines; symptoms, historical medical information, illnesses or diseases, any laboratory tests, or a combination thereof, may be used to determine one or more tests to present to a health care provider or other user of the system, such that a data store may contain medical codes, evidence based guidelines, and historical information for patient, including patient, i.e. medical information, including a patient’s current medical status or condition, i.e. symptoms as in Conlin Par [0022], such that the server may receive a request, i.e. querying, for a laboratory test; See Conlin Par [0027] which discloses a database or a plurality of databases containing said laboratory information data, health plan information data, and/or evidence-based guidelines/codes), wherein the application server is configured to:
receive, by the application server, medical information from an electronic device associated with the health care provider (See Conlin Par [0039] which discloses various devices associated with health care providers being included in a network that are in communication with other various devices; See Conlin Par [0022] which discloses patient, i.e. medical information, including electronic medical/health records being able to be transmitted), wherein the medical information comprises:
at least a portion of a patient electronic health record information usable to identify the historical medical information for a patient (See Conlin Par [0022] which discloses patient, i.e. medical information, including electronic medical/health records being able to be transmitted);
at least one current symptom for the patient (See Conlin Par [0022] which discloses patient, i.e. medical information, including a patient’s current medical status or condition, i.e. symptoms);
in response to receiving the medical information:
dynamically determine, by the application server, at least one possible laboratory test for the healthcare provider to recommend for the patient (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Par [0036] which discloses the server determining one or more possibly laboratory tests based on medical information received and querying a data store comprising a plurality of laboratory tests),
the possible laboratory test being identified in a policy as being associated with a medical condition that is also identified with the current symptom of the patient (See Conlin Par [0036] which discloses the server determining one or more possibly laboratory tests based on medical information received and querying a data store comprising a plurality of laboratory tests),
the at least one possible laboratory test being available to the patient, via the health plan, at a price below a threshold price at a laboratory identified in the laboratory information (See Conlin Par [0033] which discloses outputting an option and/or options for a diagnostic test and/or plan coverage information from a patient’s health plan relating to coverage for the diagnostic test; See Conlin Par [0094] which discloses patient benefits related to the one or more laboratory tests may be presented to a health care provider or other user including a maximum payment for the one or more laboratory tests based on health plan information, such that the maximum payment may be the maximum, i.e. threshold, allowed by the health plan provider such that any possible test would have to be below said maximum payment), wherein
the laboratory location is within a specified distance of a location of the patient (See Conlin Par [0053] which discloses information related to laboratories may include information such as location, costs for various tests, turnaround time, type of tests performed, current capacity levels, historical information related to tests that have been performed by one or more laboratories, current information regarding one or more orders such as order statuses, addresses, personnel, contacts, usernames, passwords, other identification, or other laboratory information; See Conlin Par [0108] discloses presenting multiple laboratories for performing the one or more medical tests, including a laboratory facility that is in close proximity to a patient), and wherein
the laboratory is identified as being able to process the laboratory test within a length of time below a threshold length of time (See Conlin Par [0053] which discloses information related to laboratories may include information such as location, costs for various tests, turnaround time, type of tests performed, current capacity levels, historical information related to tests that have been performed by one or more laboratories, current information regarding one or more orders such as order statuses, addresses, personnel, contacts, usernames, passwords, other identification, or other laboratory information; See Conlin Par [0094] which discloses patient benefits related to the one or more laboratory tests being presented, such that a maximum payment may be based on volume or number of laboratory tests performed within a timeframe. In one embodiment, a maximum payment may be based on a turnaround time. For example, a laboratory test that needs completion within two days may have a higher maximum payment than the same laboratory test that needs completion within one week, i.e. a specified timeframe):
accessing the historical medical information for the patient (See Conlin Par [0022] which discloses patient, i.e. medical information, including electronic medical/health records; See Conlin Par [0086] which discloses patient information comprising historical medical information for the patient to be used to determine which tests, if any, are recommended);
querying a database server, of the plurality of database servers, that stores one or more policies, a respective policy of the one or more policies relating at least one medical condition to at least one symptom and at least one medical test, for accessing the policy associated with the received medical information (See Conlin Par [0087] which discloses a policy comprising evidenced based guidelines; symptoms, historical medical information, illnesses or diseases, any laboratory tests, or a combination thereof, may be used to determine one or more tests to present to a health care provider or other user of the system, such that a data store may contain medical codes, evidence based guidelines, and historical information for patient, including patient, i.e. medical information, including a patient’s current medical status or condition, i.e. symptoms as in Conlin Par [0022], such that the server may receive a request, i.e. querying, for a laboratory test; See Conlin Par [0027] which discloses a database or a plurality of databases containing said laboratory information data, health plan information data, and/or evidence-based guidelines/codes);
identifying at least one medical condition related to the historical medical information and the at least one current symptom for the patient, and identifying at least one laboratory test based on the policy and the identified at least one medical condition (See Conlin Par [0022] which discloses patient, i.e. medical information, including a patient’s current medical status or condition, i.e. symptoms; See Conlin Par [0024] which discloses receiving laboratory information including test offerings, expertise, location, contact information, processing time, sample collection, insurance reimbursement, insurance network. coverage, as well as detailed information relating to specific tests and the relationship between published medical and/or scientific literature and a test or tests, and/or specific medical conditions; See Conlin Par [0087] which discloses one or more data stores, i.e. databases, being queried in making determinations of one or more tests to present to a health care provider or other user of the system based on evidenced based guidelines; symptoms, historical medical information, illnesses or diseases, any laboratory tests, or a combination thereof);
querying a database of the plurality of database servers of the laboratory test management system, that stores health plan information using at least the received medical information and the policy (See Conlin Par [0087] which discloses one or more data stores, i.e. databases, being queried in making determinations of one or more tests to present to a health care provider or other user of the system based on evidenced based guidelines; symptoms, historical medical information, illnesses or diseases, any laboratory tests, or a combination thereof; See Conlin Par [0025] & [0027] which discloses health plan information being received that may comprise data relating to a health plan and/or a health insurance plan such that the data can be used to identify a health plan of the patient and further discloses in Par [0027] that a database or a plurality of databases contains said laboratory information data, health plan information data, and/or evidence-based guidelines/codes), for identifying a health plan associated with the patient (See Conlin Par [0025] & [0027] which discloses health plan information being received that may comprise data relating to a health plan and/or a health insurance plan such that the data can be used to identify a health plan of the patient);
based on the identified at least one laboratory test, querying a database server, of the plurality of database servers, that stores laboratory information for accessing laboratory information for the identified at least one laboratory test, the laboratory information including test offerings, location, processing time, and insurance reimbursement (See Conlin Par [0024] which discloses the various laboratory test information including test offerings, location, processing time, and/or insurance reimbursement; See Conlin Par [0027] which discloses that a database or a plurality of databases contains said laboratory information data, health plan information data, and/or evidence-based guidelines/codes);
determining whether the identified at least one laboratory test satisfies selection criteria based on the health plan information and the laboratory information, including the test offerings, the location, processing the processing time, and the insurance reimbursement (See Conlin Par [0024] which discloses the various laboratory test information including test offerings, location, processing time, and/or insurance reimbursement; See Conlin Par [0110] which discloses presentation and selection of one or more laboratory may be based on a combination of factors, such as satisfying criteria of laboratory information and/or test information);
selecting at least one laboratory test satisfying the selection criteria as the at least one possible laboratory test (See Conlin Par [0110] which discloses presentation and selection of one or more laboratory may be based on a combination of factors, such as satisfying criteria of laboratory information and/or test information);
provide, by the application server, using a service-oriented architecture, application functionality hosted by the application server as a passthrough to users and configured to be presented in a portal including one or more portal pages (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular’ See Conlin Par [0060] which discloses Service-Oriented Architecture (SOA) being used to deliver application server content and functionality, and the server hosting the portal may only be a “pass through” for the user and, by the user of portlets, application functionality can be presented in any number of portal pages);
access a user-defined specification for a horizontal portal page, a vertical portal page, or a combination horizontal and vertical portal page (See Conlin Par [0026] which discloses one or more communication protocols that define the rules and data formats for exchanging information in a computer network; See Conlin Par [0059] which discloses a web portal being presented in a horizontal, vertical, or a combination of a horizontal and a vertical portal page such as to present results to a user; See Conlin Par [0076] which discloses one or more users can customize the presentation of results and/or test reports, i.e. in the portal environment) to present one or more of at least some of the historical medical information, graphical indications, raw data, the test information, recommendations, laboratory information, and the possibly laboratory test as configured by the user defined specification for the one or more portal pages as part of the physician decision support component (See Conlin Par [0059] which discloses a web portal being presented in a horizontal, vertical, or a combination of a horizontal and a vertical portal page such as to present results to a user that brings together and/or aggregates content from other systems and/or servers, and/or a database, or databases, that include patient information, including historical medical information, raw data, etc., health plan information and/or laboratory information; See Conlin Par [0076] which discloses one or more users can customize the presentation of results and/or test reports, i.e. in the portal environment);
generate customized information based on the user-defined specification, the customized information including the at least one possible laboratory test and at least some of the historical medical information, at least some of the test information, and at least some of the laboratory information (See Conlin Par [0076] for customizing the presentation of results and/or test reports, i.e. in the portal environment, including customizing which information is available for viewing, including one or more laboratory tests/information, graphical indications, test results report, historical medical information, recommendations, test information/results);
format one or more portal pages according to the user-defined specification for the horizontal portal page, the vertical portal page, or the combination horizontal and vertical portal page presenting the customized information and one or more of the graphical indications, raw data, and recommendations (See Conlin Par [0026] which discloses one or more communication protocols that define the rules and data formats for exchanging information in a computer network; See Conlin Par [0059] which discloses a web portal being presented in a horizontal, vertical, or a combination of a horizontal and a vertical portal page such as to present results to a user; See Conlin Par [0076] which discloses one or more users can customize the presentation of results and/or test reports, i.e. in the portal environment);
cause, by the application server, customized display as formatted and as part of the physician decision support component, the laboratory information, the customized information and one or more graphical indications, raw data, and recommendations based on the patient electronic health record (See Conlin Par [0036] which discloses a health care provider using an electronic device to select or send medical information to a server; See Conlin Par [0059]-[0060] which discloses the server being an application server in particular; See Conlin Par [0026] which discloses one or more communication protocols that define the rules and data formats for exchanging information in a computer network; See Conlin Par [0059] which discloses a web portal being presented in a horizontal, vertical, or a combination of a horizontal and a vertical portal page such as to present results to a user; See Conlin Par [0076] which discloses one or more users can customize the presentation of results and/or test reports, i.e. in the portal environment; See Conlin Par [0076] for customizing the presentation of results and/or test reports, i.e. in the portal environment, including customizing which information is available for viewing, including one or more laboratory tests/information, graphical indications, test results report, historical medical information, recommendations, test information/results);
subsequent to causing the customized display, receive an update to the laboratory information, the update relating to the laboratory processing time (See Conlin Par [0074] which discloses the laboratory sending status information to server through network, such that the status information may include whether a sample related to the test has been collected, the historical location of the sample, a current location of the sample, whether the laboratory test has been started, an expected completion date for the laboratory test, whether the results of a laboratory test are available, whether the results of a laboratory test have been received, or other status information; See Conlin Par [0106]-[0107] which discloses a health care provider making a decision, i.e. update, regarding which laboratory should complete which test based on one or more factors including, but not limited to, laboratory qualifications, test processing time, health plan benefit information and the like; See Conlin Par [0101] which discloses updates to patient, laboratory, clinical outcomes, clinical research, specific tests, and/or other data may impact a guideline or policy, such that the guideline or policies are subject to updating and/or changes in view of altered, i.e. updated, background data, and is therefore understood to include the test processing time data as described in Conlin Par [0106]-[0107], although this particular data is not explicitly or expressly recited);
in response to receiving the update to the laboratory information:
update, by the application server, the at least one possible laboratory test based on the update to the laboratory information (See Conlin Par [0059]-[0060] which discloses a portal being used to deliver application server content and functionality, such that the web portal may be hosted on a portal server that includes connectivity to an application server; See Conlin Par [0101] which discloses updates to patient, laboratory, clinical outcomes, clinical research, specific tests, and/or other data may impact a guideline or policy, such that the guideline or policies are subject to updating and/or changes in view of altered, i.e. updated, background data, and is therefore understood to include the test processing time data as described in Conlin Par [0106]-[0107], although this particular data is not explicitly or expressly recited in Par [0101); and
update, by the application server, the portal to reflect the update to the at least one possible laboratory test (See Conlin Par [0059]-[0060] which discloses a portal being used to deliver application server content and functionality, such that the web portal may be hosted on a portal server that includes connectivity to an application server; See Conlin Par [0076] which discloses one or more users can customize the presentation of results and/or test reports, i.e. in the portal environment; See Conlin Par [0076] for customizing the presentation of results and/or test reports, i.e. in the portal environment, including customizing which information is available for viewing, including one or more laboratory tests/information, graphical indications, test results report, historical medical information, recommendations, test information/results; See Conlin Par [0101] which discloses updates to patient, laboratory, clinical outcomes, clinical research, specific tests, and/or other data may impact a guideline or policy, such that the guideline or policies are subject to updating and/or changes in view of altered, i.e. updated, background data, and is therefore understood to include the test processing time data as described in Conlin Par [0106]-[0107], although this particular data is not explicitly or expressly recited in Par [0101]).
While it is generally understood by Examiner that Conlin Par [0026], [0059], & [0076] effectively discloses web portal being presented in a horizontal, vertical, or a combination of a horizontal and a vertical portal page such as to present results to a user, and one or more users can customize the presentation of results and/or test reports, i.e. in the portal environment, Conlin does not seem to explicitly recite or suggest “access a user-defined specification for a horizontal portal page, a vertical portal page, or a combination horizontal and vertical portal page”. That is, while the user may be able to customize presentation of results and/or test reports, i.e. in the portal environment, dimensions of said results and/or test reports or pages presenting said results/reports being defined and/or specified by the user as required by:
access a user-defined specification for a horizontal portal page, a vertical portal page, or a combination horizontal and vertical portal page to present one or more of the at least some of the historical medical information, graphical indications, raw data, the test information, recommendations, and laboratory information, as configured by the user defined specification for the one or more portal pages as part of the physician decision support component;
format one or more portal pages according to the user-defined specification for the horizontal portal page, the vertical portal page, or the combination horizontal and vertical portal page presenting the customized information and one or more of the graphical indications, raw data, and recommendations;
cause, by the application server, customized display as formatted and as part of the physician decision support component, the laboratory information, the customized information and one or more graphical indications, raw data, and recommendations based on the patient electronic health record populated using the batch file.
However, Pestotnik discloses the following limitations
accessing a user-defined specification for a horizontal portal page, a vertical portal page, or a combination horizontal and vertical portal page to present one or more of the at least some of the historical medical information, graphical indications, raw data, the test information, recommendations, laboratory information, and the possible laboratory test as configured by the user defined specification for the one or more portal pages as part of the physician decision support component (See Pestotnik Par [0097] which discloses a web module and interface module that controls how and when the decision-supported patient data is presented such that the web module defines the layout or format of the web page, i.e. understood that layout of an interface or page accounts for vertical and horizontal specifications, such that the web page supports viewing the decision-supported patient data; See Pestotnik Par [0097] which further discloses that the clinician and/or the patient may vary the particular configuration of the web page upon which they will view the decision supported patient data; See further Pestotnik Par [0024] which discloses that each decision-supported progress note (i.e. graphical indication) that is presented to the patient includes data representative of at least one medication condition (i.e. raw data), and at least one medical care recommendation for a patient (i.e. recommendations); See Pestotnik Par [0110]-[0114] which discloses a clinician or patient being able to define the display format, i.e. vertical and horizontal specifications of a page or table presented, of the patient data transmitted to the user module);
format one or more portal pages according to the user-defined specification for the horizontal portal page, the vertical portal page, or the combination horizontal and vertical portal page presenting the customized information and one or more of the graphical indications, raw data, and recommendations (See Pestotnik Par [0097] which discloses a web module and interface module that controls how and when the decision-supported patient data is presented such that the web module defines the layout or format of the web page, i.e. understood to account for vertical and horizontal specifications, such that the web page supports viewing the decision-supported patient data; See Pestotnik Par [0110]-[0114] which discloses a clinician or patient being able to define the display format, i.e. vertical and horizontal specifications of a page or table presented, of the patient data transmitted to the user module; See further Pestotnik Par [0024] which discloses that each decision-supported progress note (i.e. graphical indication) that is presented to the patient includes data representative of at least one medication condition (i.e. raw data), and at least one medical care recommendation for a patient (i.e. recommendations)); and
cause customized display as formatted and as part of the physician decision support component, the laboratory information , the customized information and one or more graphical indications, raw data, and recommendations based on the patient electronic health record populated using the batch file (See Pestotnik Par [0097] which discloses a web module and interface module that controls how and when the decision-supported patient data is presented such that the web module defines the layout or format of the web page, i.e. understood to account for vertical and horizontal specifications, such that the web page supports viewing the decision-supported patient data (i.e. raw data); See further Pestotnik Par [0024] which discloses that each decision-supported progress note (i.e. graphical indication) that is presented to the patient includes data representative of at least one medication condition (i.e. raw data), and at least one medical care recommendation for a patient (i.e. recommendations); See Pestotnik Par [0110]-[0114] which discloses a clinician or patient being able to define the display format, i.e. vertical and horizontal specifications of a page or table presented, of the patient data transmitted to the user module).
The disclosure of Pestotnik is directly applicable to the combined disclosure of Conlin because the inventions share capabilities and limitations, namely, they are all directed towards providing decision support systems for medical diagnoses/treatment given certain patient data and information.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Conlin, which already discloses the presentation of various medical information via interface or portal, to further include various, customizable formatting aspects of the user-portal page, such as horizontal and vertical aspects of the page, layout of data presented, etc., as disclosed by Pestotnik. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Conlin to further include various, customizable formatting aspects of the user-portal page, as disclosed by Pestotnik, because this allows for the clinician to control the amount, formatting, and/or depiction of data to a patient through the user interface and by providing particular display configuration(s), the system assists a clinician in diagnosing, treating, and providing medical care to the patient (See Pestotnik Par [0110]-[0111]).
Claims 12-14 & 16-20 –
Claims 12-14 & 16-20 are substantially similar to claims 2-4, & 16-10, respectively, except applied to the environment of a device or electronic system. Therefore, the rejections for claims 2-4 & 6-10 directly apply to claims 12-14 & 16-20 because the method disclosed in claims 2-4 & 6-10 is simply being implemented on a device or electronic system disclosed in claims 12-14 & 16-20 and that device or system’s capabilities have been proven in the rejection of claim 11 via Conlin and Pestotnik above. Therefore, claims 12-14 & 16-20 are rejected under 35 U.S.C. 103 for the same or substantially similar reasons as claims 2-4 & 6-10 found above over Conlin and Pestotnik.
Claim 21 –
Regarding Claim 21, Conlin and Pestotnik disclose the method of claim 1 in its entirety. Conlin and Pestotnik further disclose a method, further comprising:
updating, by the application server, the customized information based on the update to the laboratory information (See Conlin Par [0076] for customizing the presentation of results and/or test reports, i.e. in the portal environment, including customizing which information is available for viewing, including one or more laboratory tests/information, graphical indications, test results report, historical medical information, recommendations, test information/results; See Conlin Par [0074] which discloses the laboratory sending status information to server through network, such that the status information may include whether a sample related to the test has been collected, the historical location of the sample, a current location of the sample, whether the laboratory test has been started, an expected completion date for the laboratory test, whether the results of a laboratory test are available, whether the results of a laboratory test have been received, or other status information; See Conlin Par [0106]-[0107] which discloses a health care provider making a decision, i.e. update, regarding which laboratory should complete which test based on one or more factors including, but not limited to, laboratory qualifications, test processing time, health plan benefit information and the like; See Conlin Par [0101] which discloses updates to patient, laboratory, clinical outcomes, clinical research, specific tests, and/or other data may impact a guideline or policy, such that the guideline or policies are subject to updating and/or changes in view of altered, i.e. updated, background data, and is therefore understood to include the test processing time data as described in Conlin Par [0106]-[0107], although this particular data is not explicitly or expressly recited; See Conlin Par [0059]-[0060] which discloses a portal being used to deliver application server content and functionality, such that the web portal may be hosted on a portal server that includes connectivity to an application server); and
causing, by the application server, customized display of the updated customized information including an update to the at least one possible laboratory test (See Conlin Par [0059]-[0060] which discloses a portal being used to deliver application server content and functionality, such that the web portal may be hosted on a portal server that includes connectivity to an application server; See Pestotnik Par [0097] which discloses a web module and interface module that controls how and when the decision-supported patient data is presented such that the web module defines the layout or format of the web page, i.e. understood to account for vertical and horizontal specifications, such that the web page supports viewing the decision-supported patient data (i.e. raw data); See further Pestotnik Par [0024] which discloses that each decision-supported progress note (i.e. graphical indication) that is presented to the patient includes data representative of at least one medication condition (i.e. raw data), and at least one medical care recommendation for a patient (i.e. recommendations); See Pestotnik Par [0110]-[0114] which discloses a clinician or patient being able to define the display format, i.e. vertical and horizontal specifications of a page or table presented, of the patient data transmitted to the user module).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Conlin, which already discloses the presentation of various medical information via interface or portal, to further include various, customizable formatting aspects of the user-portal page, such as horizontal and vertical aspects of the page, layout of data presented, etc., as disclosed by Pestotnik. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of Conlin to further include various, customizable formatting aspects of the user-portal page, as disclosed by Pestotnik, because this allows for the clinician to control the amount, formatting, and/or depiction of data to a patient through the user interface and by providing particular display configuration(s), the system assists a clinician in diagnosing, treating, and providing medical care to the patient (See Pestotnik Par [0110]-[0111]).
Response to Arguments
Applicant's arguments filed 03 November 2025 have been fully considered but they are not persuasive:
Regarding 35 U.S.C. 101 rejections of claims 1-4, 6-14, & 16-20, Applicant argues on p. 15 of Arguments/Remarks that under Step 2A, Prong One of the Alice/Mayo test, the independent claims as a whole are directed towards an enhancement in healthcare information technology with a unique combination of specific data access operations and user interface operations based on real-time data/updates. Applicant further argues that because of this improvement, the rejection of claims 1 & 11 and claims dependent therefrom under 35 U.S.C. 101 should be withdrawn. Examiner respectfully disagrees with Applicant’s arguments. The thrust of the invention seems to be directed towards the improvement of providing laboratory decision support, messaging, and presentation of information, not the computerized components, such as the user interface, display, processors, etc., that are performing said abstractions of providing laboratory decision support, messaging, and presentation of information. This points towards the circumstances described in MPEP 2106.04(a)(2)(III)(C) (i.e. simply using a generic computer for performing an otherwise mental process but for recitation of computer components, which further suggests that the claims are directed towards the mental process recited, rather than being directed towards an improvement to the technological components implementing said mental process. Furthermore, the independent claims recite aspects of insurance reimbursement and desired prices for one or more medical tests to be performed at a laboratory and/or ordering medical tests according to insurance reimbursement/plan coverage also relates heavily to commercial interactions in the form of contracts, at least by insurance agreements and policies constituting a contract between the patient, the facility providing the medical test, and the insurance company providing said plan/agreement to the patient. As a result, due to the commercial and/or economic nature of filtering certain medical/lab tests a patient can receive based on insurance reimbursement and/or pricing of medical tests to be fulfilled at a laboratory, the concepts recited in the independent claims heavily relate to fundamental economic principles or practices (e.g. insurance) and commercial interactions, which as set forth in MPEP 2106.04(a)(2)(II)(A)-(B), constitute certain methods of organizing human activity. Therefore, the claims are also directed towards said methods of organizing human activity rather than an enhancement in healthcare information technology, as argued by Applicant. As such, claims 1-4, 6-14, & 16-20 remain rejected under 35 U.S.C. 101.
Regarding 35 U.S.C. 101 rejections of claims 1-4, 6-14, & 16-20, Applicant argues on p. 15 of Arguments/Remarks that under Step 2A, Prong Two of the Alice/Mayo test, the independent claims as a whole integrate the purported abstract idea into a practical application at least by the recited user interface operations in view of Example 37 of the USPTO Subject Matter Eligibility Examples. Applicant further argues that because of this practical application, the rejection of claims 1 & 11 and claims dependent therefrom under 35 U.S.C. 101 should be withdrawn. Examiner respectfully disagrees with Applicant’s arguments. Regarding Example 37 of the USPTO Subject Matter Eligibility Examples, claim 1 of Example 37 integrated the steps recited therein into a practical application by a specific manner of automatically displaying icons to the user based on usage which provided a specific improvement over prior systems in the form of an improved user interface. It should be noted that the background/specification of Example 37 provided description of the need for improvements over conventional user interfaces that did not perform “non-traditional arrangements… automatically”. That is, the specification of Example 37 specifically provided a technological shortcoming in the technology of prior art systems, i.e. the processing and arrangement of elements on a user interface in non-traditional arrangements/ordering, and the solution for said technological shortcoming, which was explicitly reflected in claim 1 of example 37. For the instantly filed specification and claims, the thrust of the invention seems to be directed towards the improvement of providing laboratory decision support, messaging, and presentation of information, not the computerized components, such as the user interface, display, processors, etc., that are performing said abstractions of providing laboratory decision support, messaging, and presentation of information. Therein lies the substantial difference between the instant claims/specification and the claims/specification found in Example 37 of the USPTO Subject Matter Eligibility Examples. As such, the instant, independent claims are not substantially similar to the claims found in Example 37, as argued by Applicant. Furthermore, at a more general level, regarding Step 2A, Prong Two, the recited steps/efforts do not seem to be specified enough to meaningfully limit the abstract idea, so as to preclude the claims from being a mere drafting effort designed to monopolize the abstract idea of receiving varying patient information, determining potential diagnoses and tests for said diagnoses based on the information, revising said diagnoses and tests based on updated patient information data being received, and outputting results of said determinations. As such, claims 1-4, 6-14, & 16-20 remain rejected under 35 U.S.C. 101.
Regarding 35 U.S.C. 101 rejections of claims 1-4, 6-14, & 16-20, Applicant argues on p. 16 of Arguments/Remarks in view of Step 2B of the Alice/Mayo test, that the claims as a whole represent a non-conventional arrangement of components that solve a specific real-world problem in a novel and efficient manner, and therefore amounts to an inventive concept. Applicant further argues that because of this inventive concept, the rejection of claims 1 & 11 and claims dependent therefrom under 35 U.S.C. 101 should be withdrawn. Examiner respectfully disagrees with Applicant’s arguments. Each of the identified additional elements/limitations were further analyzed under Step 2B of the Alice/Mayo test and determined to represent well-understood, routine, and/or conventional limitations/elements found in prior art systems. At an even higher level, the steps recited in the independent claims regarding receiving varying patient information, determining potential diagnoses and tests for said diagnoses based on the information, revising said diagnoses and tests based on updated patient information data being received, and outputting results of said determinations all represent mere efforts of data gathering, data manipulation/repetitive calculation/determination, and/or outputting of results of calculations/determinations performed. That is, several prior art systems perform said abstract aspects and therefore Applicant’s arguments regarding the claims representing a non-conventional arrangement of components falls short and the claims do not amount to an inventive concept. As such, claims 1-4, 6-14, & 16-20 remain rejected under 35 U.S.C. 101.
Regarding 35 U.S.C. 103 rejections of claims 1-4, 6-14, & 16-20, Applicant argues on p. 16-17 of Arguments/Remarks that Conlin does not teach or suggest “dynamically determining… at least one possible laboratory test for the health care provider to recommend for the patient” by querying a plurality of database servers in response to receiving medical information. Examiner agrees with Applicant’s arguments. Therefore, the previous 35 U.S.C. 103 rejections have been withdrawn for the independent claims. However, upon further consideration, a new ground of rejection has been made under 35 U.S.C. 103 over newly cited portions of Conlin, in view of Pestotnik to fully read on the newly amended limitations found in the independent claims. That is, Examiner points to Conlin Par [0087] which discloses a policy comprising evidenced based guidelines; symptoms, historical medical information, illnesses or diseases, any laboratory tests, or a combination thereof, may be used to determine one or more tests to present to a health care provider or other user of the system, such that a data store may contain medical codes, evidence based guidelines, and historical information for patient, including patient, i.e. medical information, including a patient’s current medical status or condition, i.e. symptoms as in Conlin Par [0022], such that the server may receive a request, i.e. querying, for a laboratory test. Conlin Par [0060] & [0087] which disclose one or more data stores, i.e. databases and/or database servers, being queried in making determinations of one or more tests to present to a health care provider or other user of the system based on evidenced based guidelines; symptoms, historical medical information, illnesses or diseases, any laboratory tests, or a combination thereof. Therefore, newly cited portions of Conlin effectively disclose aspects of “dynamically determining… at least one possible laboratory test for the health care provider to recommend for the patient” by querying a plurality of database servers in response to receiving medical information. As such, claims 1 & 11 and claims dependent therefrom remain rejected under 35 U.S.C. 103.
Regarding 35 U.S.C. 103 rejections of claims 1-4, 6-14, & 16-20, Applicant argues on p. 17 of Arguments/Remarks that dependent claims 2-4, 6-10, 12-14, & 16-20 incorporate the subject matter found in independent claims 1 & 11 and are therefore also not met by previously applied references of Wang, Loghmani, Pestotnik, and Ahmad. Examiner agrees with Applicant’s arguments. However, as established above, a new ground of rejection has been made under 35 U.S.C. 103 over Conlin in view of Pestotnik for independent claims 1 & 11, rendering Applicant’s arguments moot. Therefore, claims 2-4, 6-10, 12-14, & 16-20 inherit the deficiencies of independent claims 1 & 11 and also remain rejected under 35 U.S.C. 103.
Regarding Claim 21, Applicant argues on p. 17 of Arguments/Remarks that claim 21 recites features that are not taught or suggested by the cited references. Examiner respectfully disagrees with Applicant’s argument. As shown above, Conlin and Pestotnik further discloses the method of claim 21 in its entirety. As such, claim 21 also remains rejected under 35 U.S.C. 103.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Iliff et al. (U.S. Patent Publication No. 2008/0051638) discloses a computerized medical diagnostic and treatment advice system that is a medical knowledge-based system designed to give medical advice, such as various medical tests and/or treatments to be received based on patient symptomology;
Ellis et al. (U.S. Patent Publication No. 2014/0350954) discloses a system for support personalized clinical care, such as clinical decision support, including determining and allowing patients to enroll in various projects/research because they meet the criteria for inclusion in such studies, criteria based on symptoms, insurance, etc.
Applicant's amendment necessitated the new ground of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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/H.R./Examiner, Art Unit 3684
/KENNETH BARTLEY/Primary Examiner, Art Unit 3684