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 .
Response to Amendment
2. This is in response to the amendments filed on 07/24/2025. Claims 1-7 and 9-15 have been amended. Claims 1-15 are currently pending and have been considered below.
Response to Arguments
3. Applicant's arguments with respect to claim(s) 1-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(a):
(a) IN GENERAL. —The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
4. Claims 1-15 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor at the time the application was filed, had possession of the claimed invention. Specifically, claim 1 recites the limitation “directly embed the detector data into the first user video data….”, and the specification does not provide sufficient written description of actual steps being performed for how to directly embed the detector data into the first user video data.
It is first noted that original claims may lack written description when the claims define the invention in functional language specifying a desired result but the specification does not sufficiently describe how the function is performed or the result is achieved. That is, the algorithm or steps/procedure taken to perform the function must be described with sufficient detail so that one of ordinary skill in the art would understand how the inventor intended the function to be performed; See MPEP § 2161.01(I).
The Examiner notes that simply indicating that “directly embed the detector data into the first user video data…” does not provide adequate written description as to how to directly embed the detector data into the first user video data, or the steps required to directly embed the detector data into the first user video data. In addition, it is not clear the meaning of “embed” whether it is the raw data available, or it is the data converted into an image that can no longer be manipulated.
Since neither the claims nor the specification provides any structure of the “directly embed the detector data into the first user video data…” or the process by which it is embedded, and since “directly embed the detector data into the first user video data…” does not have a particular defined meaning in the art, the Examiner finds that the claim limitation is not described with sufficient detail so that one of ordinary skill in the art would understand how the inventor intended the claimed function to be performed as required by the written description requirement.
The dependent claims have inherited the deficiencies of its parent claim and has not resolved the deficiencies. Therefore, they rejected based on the same rationale as applied to its parent claim above.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
5. Claims 1-15 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
In claim 1, the limitation “directly embed the detector data into the first user video data; encode the first user video data, the first user audio data and the detector data”, is recited and it is unclear if the detector data is sent twice, whether it is being embedded and separately encoded or not, hence lack of clarity is noticeable. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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.
6. Claims 1-15 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Amble et al. (US 20140275851 A1) in view of Guo et. Al (CN 107294704 B) also in view of Khaleghi et al. (US 20180005645 A1) and further in view of Vancho et al. (US 20160335399 A1)
Regarding Claim 1:
Amble discloses
a. A first video conference device for use with a detector device, (Para.0028; “The patient telemedicine system 102 includes …. medical imaging/sensing devices 106 and a patient telemedicine device 104”) a second video conference device, (Para.0048; “specialist telemedicine device 108/110”) and a wide area network ("WAN"), (Para.0027; “…. network(s) may be ….wide area networks”) the second video conference device being configured to perform a video conference over a secure communication channel over the WAN, (Para.0053, Para.0027; “communications between the ….specialist telemedicine device 108 to the patient telemedicine device 104 over the network”, “Any suitable network(s) may be ….wide area networks”) to encode second user video data and second user audio data ….. (Para.0090, Para.0037, Para.0086; “receives a video stream ….pertains to live video footage of a medical professional”, “remote telemedicine device 108/110 …. provide …. stream ….. to share …. participants in the telemedicine session…. audio messages….”, “The transmission ….. performed using …. network protocol, such as UDP or TCP/IP….” as the TCP/IP protocol encode transmitted data and it formats data into packets with headers for routing and reliability, it is construed as the video and audio data from medical professional is encoded while transmitted, construed as encode the second user video data and second user audio data) ….to provide the second ….data to the first video conference device during the video conference, (Para.0090; “data stream …. which a patient telemedicine medical device 104 receives a video stream and a biometric imaging stream” patient telemedicine medical device 104 receives data stream is construed as provide the second data to first video conference device during the video conference) to receive first encrypted data, (Para.0064; “data streams are received from …. medical imaging/sensing devices…. encrypted ….”) to display first user video data based on the first encrypted data, (Para.0064, Para.0060; “encrypted … streams …. at remote devices can view multiple images…. and video”, “display device ….for the patient telemedicine … displaying an ….image and a video …”) to provide detector data (Para.0057; “The specialist telemedicine device 108 … receives …. from the patient telemedicine device 104 (e.g., biometric imaging data 318….” biometric imaging data 318 are construed as detector data) and to play first user audio data based on the first encrypted data, (Para.0062, Para.0055; “data (e.g., …. Audio…. allows the specialist to review ….. audio messages from any other device …. played over a speaker”, “…. data streams …. encrypts ….”) the detector device being configured to provide the detector data to the first video conference device, (Para.0045, Para.0065; “images of …. the patient's body…. biometric imaging data….”, “…. medical sensing device (e.g., an EKG 106c, a heart monitor…. monitors a medical condition of a patient and transmits …. data to the device 104” medical imaging/sensing devices 106 are construed as detector device) the first video conference device comprising:
a camera configured to generate the first user video data; (Para.0031; “The video …. originating from the patient …. a video camera is attached to the device 104 to provide video of the procedure”)
a microphone configured to generate the first user audio data; (Para.0047; “speaking into a microphone …. connected to the patient telemedicine device 104”)
a display; (Para.0049; “a display device … part of or connected to the patient telemedicine device 104”)
a speaker; (Para.0036; “a speaker associated with the specialist telemedicine device 104”)
a memory; (Para.0096; “computer memory”) and
a processor configured to execute instructions stored on said memory (Para.0096; “computer memory…. includes …. processor…. executed by the … processor”) to cause said first video conference device to:
b. during the video conference, (Para.0025; “live streamed biometric information …. video conference …. of …. the participants….”)
receive the first user video data from the camera; (Para.0036, Para.0031; “the patient telemedicine device transmits ….video data….to the remote telemedicine device 108/110”, “a video camera is attached to the device 104 to provide video of the procedure … shared with the remote participants”)
receive the first user audio data from the microphone; (Para.0036, Para.0047; “the patient telemedicine device transmits …. an audio stream …to the remote telemedicine device 108/110,”, “audio … messaging …. allows …. to communicate with other participants in the telemedicine session by speaking into a microphone …. connected to the patient telemedicine device 104”)
receive the detector data from the detector device; (Para.0036, Para.0041; “the patient telemedicine device transmits biometric imaging data…. to the remote telemedicine device 108/110”, “collect data streams from …. medical imaging/sensing devices …. used on a patient…. transmit them to ….a specialist” medical imaging/sensing devices 106 are construed as detector device) ……
encode the first user video data, the first user audio data and the detector
data to generate first encoded data; (Para.0029, Para.0057; “patient telemedicine device 104 encodes the data streams from the diagnostic testing ….”, “The specialist telemedicine device 108 … receives …. from the patient telemedicine device 104 (e.g., biometric imaging data 318….. video 324, audio 322….”)
encrypt the first encoded data to generate the first encrypted data, (Para.0064, Para.0062; “data streams …received from …. medical imaging/sensing devices…. Encoded…. And…. encrypted ...”, “data (e.g., biometric imaging data…. video, audio…. are received”) wherein the first encrypted data includes a packet header and a payload comprising a plurality of sections, (FIG.9A-9D/Para.0083, Para.0010; “Each frame includes a header 902 and ….payload 904. …. payload 904 contains a particular media type (e.g., audio, video, biometric imagery…. In FIG. 9C, a portion of the header 902 and a portion of the payload 904 of the frame is encrypted. In FIG. 9D, the entire frame or almost the entire frame is encrypted….”, “Frames are obtained from the data streams”) wherein the packet header includes a packet identifier that identifies a location of the detector data (Para.0081; “timestamp is inserted into a header of the frame… received at a …. patient telemedicine device 104…. based on time data in a GPS …. originated from different locations …. in a network”) within a section of the plurality of sections of the payload (Para.0083; “Each frame includes a header 902 and …. payload 904…. payload 904 contains …. audio, video, biometric imagery…. a portion of the header 902 and a portion of the payload 904 of the frame”) for display in a detector data window at the second video conference device during the video conference; (Para.0058, Para.0036, Para.0011; “The specialist telemedicine device 108 receives the …. frames of the data (e.g., biometric imaging data…. video, audio…. and the various types of data … displayed”, “…. remote telemedicine device …. display the ….data in one window on the display screen, the biometric imaging data in another window, the video data in a third window….”, “Frames are obtained from the video and biometric imaging streams. The frames are transmitted to a remote device …..”)
c. transmit the first encrypted data to the second video conference device during the video conference; (Para.0060, Para.0064; “biometric imaging and video streams …. transmitted to the specialist telemedicine device 108”, “data streams are …. encrypted ….”)
…. second encoded data to obtain the second user video data and the second user audio data; (Para.0090, Para.0037, Para.0086; “receives a video stream …. pertains to live video footage of a medical professional”, “remote telemedicine device 108/110 …. provide …. stream ….. to share …. participants in the telemedicine session…. audio messages….”, “The transmission ….. performed using …. network protocol, such as UDP or TCP/IP….” remote telemedicine device 108 or 110/medical professional is construed as the second user)
however, Amble does not explicitly disclose:
a. to encode second user video data and second user audio data to obtain second encoded data, to encrypt the second encoded data to obtain second encrypted data, to provide the second encrypted data to said first video conference device
b. …. during the video conference…. directly embed the detector data into the first user video data; ……
c. receive the second encrypted data;
decrypt the second encrypted data to obtain the second encoded data;
decode the second encoded data to obtain the second user video data and the second user audio data;
d. instruct the display to display second video data based on the second user video data; and
instruct the speaker to play second audio data based on the second user audio data.
In an analogous reference Guo discloses:
a. to encode second user …. data to obtain second encoded data, (Section: Contents of the invention/Page.3;” generating a …second encoded data”) to encrypt the second encoded data to obtain second encrypted data, (Section: Contents of the invention/Page.3; “encrypting the … second encoded data … to obtain the … second encrypted data”) … to provide the second encrypted data to (Section: Contents of the invention/Page.4; “the first terminal sends the second password to the second terminal…. comprises …. the second encrypted data”) ….
c. receive the second encrypted data; (Section: Contents of the invention/Page.4; “the first terminal sends the second password to the second terminal…. obtain the … second encrypted data;”)
decrypt the second encrypted data to obtain the second encoded data; (Section: Contents of the invention/Page.4; “decrypting the second encrypted data … to obtain the second encoded data”)
decode the second encoded data to obtain the second ….data; (Section: Contents of the invention/Page.4; “decoding the second encoded data to obtain the …code”)
Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify Amble’s method for sharing medical data in a telemedicine session by enhancing Amble’s method, to include Guo’s method for generating a password by incorporating encoding and decoding of plurality of data sets.
The motivation: encoding and decoding helps transformation of data easy and secure so that it can be properly (and safely) consumed by a different type of system, The goal of transferring a patient’s data to a doctor is not only to keep information secret, but also to ensure that it's able to be properly consumed.
however, Amble in view of Guo does not explicitly disclose:
b. …. during the video conference…. directly embed the detector data into the first user video data; ……
d. instruct the display to display second video data based on the second user video data; and
instruct the speaker to play second audio data based on the second user audio data.
In an analogous reference Khaleghi discloses:
d. first video conference device to … during the video conference (Para.0021, Para.0024; “…. to communicate with medical professionals …. via video conferencing”, “…user terminals …include a camera ….to capture, record, and/or stream video data ….”) …instruct the display to display second video data based on the second user video data; (Para.0026, Para.0028 and Para.0053 “a user terminal … includes … a touchscreen/display”, “facial… gestures captured by the camera”, “enables video …. of a …. appointment … recorded … instructions provided by the doctor/specialist”, the patient or first user instruct his/her own device containing display to watch/play the video recordings (medical instructions) provided by a doctor/second user video data) and
during the video conference (Para.0021, Para.0024; “…. to communicate with medical professionals …. via video conferencing”, “…user terminals … streamed … with captured audio data”) … instruct the speaker to play second audio data (Para.0018 and Para.0024; “The notebook …used to record … audio recordings… include … medical diagnoses… medical treatment information” ,“The user terminals … include … microphones to receive voice data …and ….speakers to play audible content”) based on the second user audio data. (Para.0051, 0054; “… include instructions …. to voice recording appointments”, “spoken voice captured via the recording” audio data recorded by the doctor construed as the second user, which the patient or first user records during an appointment)
Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify Amble in view of Guo’s method for sharing medical data in a telemedicine session by enhancing Amble in view of Guo’s method, to include Khaleghi’s method of collecting patient’s and doctor’s recorded audio and video data.
The motivation: Patients do not always understand or recall all the information provided during visits. When doctor’s conversation with patient is recorded, it helps patient to review the recommendation from the doctor later. Also, when patient’s voice and video is recorded, it helps the doctor to review and do research if necessary.
however, Amble in view of Guo also in view of Khaleghi does not explicitly disclose:
b. …. during the video conference…. directly embed the detector data into the first user video data; ……
In an analogous reference Vancho discloses:
b. …. during the video conference (Para.0040; “…the physician to quickly follow up directly with the patient, via …. Video…. even monitor patient health data in real time”) …. directly embed the detector data into the first user video data; (Claim.18, Para.0040, Claim.0025, Para.0077; “a …. report configured to embed into a specific record ….”, “a written or voice enabled report of the medical history should be generated…. via voice communication and…. include video …. monitor patient health data …”, “the patient communication device …. contain an …. sensor capable of collecting health related physical data about the patient”, “sensors …. takes the form of a bracelet or watch or other type of jewelry that is worn by a person, and has the ability to read health-related information about the patient. …. such as blood pressure ….” the written or voice enabled report during video communication to monitor patient health data (such as measurement of blood pressure) which is configured to embed into health-related record is construed as directly embed the detector data into the first user video data, patient is construed as the first user, sensor worn by a patient is construed as the detector device) ……
Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify Amble in view of Guo also in view of Khaleghi’s method for sharing medical data in a telemedicine session by enhancing Amble in view of Guo also in view of Khaleghi’s method, to include Vancho’s method for a patient to initiate a voice and video enabled, computerized medical interview.
The motivation: Embedding detector data directly into user video data offers significant benefits for processing, analysis, and accessibility by ensuring the data remains permanently synchronized with its corresponding video frame.
With respect to independent claims 6 and 11, a corresponding reasoning was given earlier in this section with respect to claim 1; therefore, claims 6 and 11 rejected, for similar reasons, under the grounds as set forth for claim 1.
Regarding Claim 2:
Amble in view of Guo and further in view of Vancho discloses;
e. The first video conference device of claim 1, wherein the processor is configured to execute instructions stored on the memory to additionally cause the first video conference device to encode the first user video data, the first user audio data and … to generate the first encoded data… (disclosed in Claim 1)
however, Amble in view of Guo and further in view of Vancho does not explicitly disclose:
e. … the detector data is encapsulated within at least one of the first user video data and the first user audio data.
In an analogous reference Khaleghi discloses:
e. … the detector data is encapsulated (Para.0016; “form of biometrics … facial recognition…an image of someone attempting to access the user terminal …. Features extracted from the image …compared to stored features of an authorized user. If there is a match, access … granted to the user terminal …” facial recognition/image/or any information related with a patient is construed as the detector data, facial features are encapsulated within the image) within at least one of the first user video data and the first user audio data. (Para.0018, Para.0022; “…record… audio recordings, video recordings … medical diagnoses, x-rays …”, “patient-related data (including sound and/or video recordings, scans, test results…, biographical data”)
Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify Amble in view of Guo and further in view of Vancho’s method for sharing medical data in a telemedicine session by enhancing Amble in view of Guo and further in view of Vancho’s method, to include Khaleghi’s method of collecting patient’s and doctor’s recorded audio and video data.
The motivation is the same as claim 1.
With respect to dependent claims 7 and 12, a corresponding reasoning was given earlier in this section with respect to claim 2; therefore, claims 7 and 12 rejected, for similar reasons, under the grounds as set forth for claim 2.
Regarding Claim 3:
Amble in view of Guo also in view of Khaleghi and further in view of Vancho discloses;
f. The first video conference device of claim 1, wherein the processor is configured to execute the instructions stored on the memory to additionally cause the first video conference device to:
encode the first user video data and the first user audio data to generate encoded first user video data and encoded first user audio data; (disclosed in Claim 1)
encode the detector data to generate encoded detector data; (Amble, Para.0043; “biometric image stream to the telemedicine device 104, so that it can be encoded”)
encrypt the first user video data and the first user audio data to generate encrypted first user data; (disclosed in Claim 1)
encrypt the encoded detector data to generate encrypted detector data; (Para.0064, Para.0055; “data streams are received from …. medical imaging/sensing devices…. Encoded… and… encrypted”, “encrypts …. data streams”)
transmit the encrypted first user data to the second video conference device via a first communication protocol; (Para.0081; “streams are ... encoded …. based on a time received ….. using the Network Time Protocol (NTP)”) and
transmit the encrypted detector data to the second video conference device via a second communication protocol. (Para.0086; “frames …. transmits …. to a …. telemedicine device 108/110…. transmission …. performed using ….. network protocol, such as UDP or TCP/IP”)
With respect to dependent claims 8 and 13, a corresponding reasoning was given earlier in this section with respect to claim 3; therefore, claims 8 and 13 rejected, for similar reasons, under the grounds as set forth for claim 3.
Regarding Claim 4:
Amble in view of Guo also in view of Khaleghi and further in view of Vancho discloses;
g. The first video conference device of claim 1, for use with the detector device being configured to detect a biological parameter (Amble, Para.0060, Para.0065; “biometric imaging …. transmitted to the specialist telemedicine device 108”, “medical sensing device (e.g., an EKG 106c, a heart monitor, a blood pressure monitor, etc.) monitors a medical condition of a patient”) and provide a detected signal based on the biological parameter. (Para.0075; ”patient telemedicine device provides input …. indicating what kinds of data (e.g., biometric imaging …. should be shared”)
With respect to dependent claims 9 and 14, a corresponding reasoning was given earlier in this section with respect to claim 4; therefore, claims 9 and 14 rejected, for similar reasons, under the grounds as set forth for claim 4.
Regarding Claim 5:
Amble in view of Guo also in view of Khaleghi and further in view of Vancho discloses;
h. The first video conference device of claim 4, for use with the detector device being selected from the group consisting of cameras, microphones, pressure sensors, blood-pressure sensors, chemical detectors, oxygen sensors, carbon dioxide sensors, heart sound sensors, blood-flow sensors, respiration sensor, electrochemical electrodes, electrocardiograms, and combinations thereof. (Amble, Para.0030; “biometric measurement devices (e.g., EKG, EEG, or ECG devices, pulse oximeters, thermal/temperature sensors, blood pressure monitors”)
With respect to dependent claims 10 and 15, a corresponding reasoning was given earlier in this section with respect to claim 5; therefore, claims 10 and 15 rejected, for similar reasons, under the grounds as set forth for claim 5.
Conclusion
Applicant's amendment necessitated the new ground(s) 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).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Contact Information
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/SAYEDA SALMA NAHAR/Examiner, Art Unit 2491
/AMIR MEHRMANESH/Supervisory Patent Examiner, Art Unit 2491