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 . 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 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.
DETAILED ACTION
The following FINAL Office Action is in response to the Amendment filed on March 8th, 2025.
Claims 1-2, 4-8, 12-13, 15-17, 19-20, 23 are amended.
Claims 1-23 have been examined and have been rejected as follows.
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Response to Arguments
The claim objections and rejections under 35 USC 112 have been withdrawn based on Applicant’s amendments.
With regard to Applicant’s argument pertaining to 35 USC 101:
Examiner acknowledges applicant’s amendment to claim 1 to include the limitation “and a user interface (claims 1, 13) / and presenting information on at least a first user interface (claim 19) formed from an overlay for an operating room dashboard that automatically populates staff member candidates for selection for a given procedure in an operating room based on type of procedure, staff member qualifications for the given procedure, doctor or surgeon preferences and one or more parameters selected from wage rates, staff member preferences, location, and staff member type.” Applicant argues that, as amended, the claims clearly include a combination of technical elements that includes a server, a visualization engine, a communications engine, a predictive and optimization engine, and a user interface formed from an overlay for an operating room dashboard. While Examiner acknowledges the combination of these specific technical elements, even as hardware, the amended limitations fail to negate the judicial exception because the functions being performed (such as organizing, selecting, and scheduling staff in a medical or business environment) can still be viewed as fundamental economic practices (MPEP 2106.04(a)(2) II A) and/or commercial or legal interactions (agreements in the form of contracts, business relations, MPEP 2106.04(a)(2) II B) and/or managing personal behavior or relationships or interactions between people (MPEP 2106.04(a)(2) II C) under the broad abstract grouping of Certain Methods of Organizing Human Activity. Further, the amended limitations do no more than link the judicial exception of selection, organization, and scheduling of staff members to a particular technological environment (MPEP 2106.05(h)), namely the operating room dashboard user interface1.
Applicant further argues that the technical combination of specific additional elements described above constitutes a technical solution to a technical problem. Examiner disagrees because the technical combination of components constitutes a technical solution to a business problem, i.e. streamlining and efficiently managing the organizing, selecting, and scheduling of staff members (see Specification ¶ [00156]: In some embodiments, the user interface 1800 as illustrated in FIG. 18 can essentially serve as an overlay to a OR dashboard that enables an operations manager or other authorized personnel to easily assign staff members intelligently to various procedures that can be occurring at one or more facilities and at one or more locations within a particular facility.) As such, Examiner respectfully disagrees with the arguments pertaining to 35 USC 101.
With regard to Applicant’s argument pertaining to 35 USC 103:
Applicant argues that Braswell fails to anticipate or render obvious the features of Claims 1, 13, 19 because Braswell fails to disclose or suggest “and a user interface (claims 1, 13) / and presenting information on at least a first user interface (claim 19) formed from an overlay for an operating room dashboard that automatically populates staff member candidates for selection for a given procedure in an operating room based on type of procedure, staff member qualifications for the given procedure, doctor or surgeon preferences and one or more parameters selected from wage rates, staff member preferences, location, and staff member type.” Examiner fully considered Applicant’s prior art argument, which is moot in view of new grounds of rejection as necessitated by the claim amendment dated 3/8/2025. Examiner addresses the argued limitations by relying on:
Andrie et al. US 20130066647 A1 hereinafter Andrie.
Braswell teaches “and a user interface formed from an overlay for an operating room dashboard that automatically populates staff member candidates for selection (Braswell ¶ [0059] 1st sentence: FIGS. 4A, 4B, 4C and 4D diagrammatically show some examples of the healthcare facility dashboard; ¶ [0073] 3rd/last sentences: HC Facility 280 communicates via telecommunications network 284 to scheduler central office 282…. ¶ [0035]: … Match Processor 16 matches qualifications of the RN/HC-W with the staffing requirements for the HC-Facs).
Braswell falls short of selection for procedure type or doctor or surgeon preferences.
* However *
Andrie in analogous art teaches or suggests “for selection for a given procedure in an operating room based on type of procedure… doctor or surgeon preferences and one or more parameters selected from wage rates, staff member preferences, location, and staff member type” (Andrie ¶ [0061]: An exemplary web page implementation of the scheduling module 12 in which new surgeries can be scheduled is shown in FIG. 8. This web page can be accessed by selecting the “create new button shown in FIG. 7. The webpage includes fields for selecting a surgeon, a procedure date, and a procedure type. ¶ [0077]: In exemplary embodiments, inventory is removed from the cabinet in advance of a Surgery, based on the type of surgery and optionally based upon the surgeon's preferences. ¶ [0096]: the surgeon profile module 34 includes a web page that permits a surgeon or a surgeon’s representative to specify preference information corresponding to that surgeon, e.g., based on a particular type of surgery or type of patient. ¶ [0060]: …Information relating to each Surgery or case is shown in the list. This information includes a case identification number which uniquely identifies each surgery, a date that the surgery is scheduled, a Surgeon identification number which uniquely identifies the surgeon assigned to the surgery, a facility at which the surgery is to be performed, and a type of the surgery or procedure. The list of surgeries can be limited by date or any of a variety of other search criteria used to search the scheduling database 14. [Also see selectable locations listed in Fig. 8 and related text]).
Andrie and Braswell are analogous art to intelligent scheduling and staffing operations at a business or medical center. It would have been obvious to one skilled in the art, before the effective filling date of the claimed invention, to have augmented Braswell’s “automated healthcare scheduler system and method” with Andrie’s teachings to aid the scheduling of medical personnel by incorporating procedure types and surgeon preferences. The benefit of combining these features would have reduced time and resources completing paperwork and performing surgical planning, inventory management, and other logistical tasks (Andrie ¶ [0010]).
Applicant’s subsequent prior art arguments are each based on the implementation of the aforementioned limitations amended to independent claims 1, 13, 19. Thus, Examiner submits that the prior art renders obvious the contested features.
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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 1-23 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1-18 are directed to a system which is a statutory category.
Claims 19-23 are directed to a method and process which is a statutory category.
The claims recite, describe, or set forth a judicial exception of an abstract idea in Step 2A Prong One (see MPEP 2106.04(a)). The exemplary application of the claimed systems and methods includes “scheduling professional staff among a plurality of nodes,” at independent Claims 1,13,19, further detailed with “form a pool of pre-qualified staff members,” “send an open role to the pool,” and “fill the open role with at least one of the pre-qualified staff members who accepted the open role.” Additionally, the exemplary application of the claimed systems and methods includes, among the dependent claims, “the open role further includes a parameter for a wage” at Claims 4,16; “a schedule of days available for per diem type pre-qualified staff members” and “average hour rate or annual salary” and “each of the pre-qualified staff members are medical staff each have profiles” at Claims 5, 7, 20; “the profiles further include a site preference ranking a number of sites where the pre-qualified staff member would prefer to work” at Claims 6, 14; “PTO dates for full time part time pre-qualified staff members are approved by the at least one manager” at Claims 8, 21; “the open role is filled and booked and added to a dashboard when the at least one manager approves the application and the pre- qualified staff member accepts the open roll” at Claim 10; and “a user interface for creating the open role comprises fields for identifying and inviting a particular pre-qualified staff member” at Claim 11.
Therefore, the claims recite fundamental economic practices (MPEP 2106.04(a)(2) II A) and/or commercial or legal interactions (agreements in the form of contracts, business relations, MPEP 2106.04(a)(2) II B) and/or managing personal behavior or relationships or interactions between people (MPEP 2106.04(a)(2) II C) under the broad abstract grouping of Certain Methods of Organizing Human Activity.
With respect to Step 2A Prong Two, this judicial exception is not integrated into a practical application because the additional computer-based elements of a system, server, applications, visualization engine, communications engine, and predictive and optimization engine, and a user interface formed from an overlay for an operating room dashboard are recited at a high level of generality. According to the specification regarding these elements, “A system for scheduling professional staff among a plurality of nodes can include a server and one or more applications executing on the server including a visualization engine, a communications engine, and a predictive and optimization engine that perform various functions” ¶ [0026]; “In some embodiments, the visualization engine has three different user groups and corresponding user interfaces including staff or contractors, managers or coordinators, and administrators” ¶ [0027]; “In some embodiments, the open role is preliminarily communicated to or filled with a suggested candidate among the pre-qualified staff members using the predictive and optimization engine based on one or more weighted matching factors….” ¶ [0036]. The system along with additional elements server, applications, visualization engine, communications engine, predictive and optimization engine, and user interface formed from an overlay for an operating room dashboard consist of generic computer components. According to MPEP 2106.05(f)(1), considering whether the claim recites only the idea of a technological solution or outcome i.e., the claim fails to recite the technological details of how the technological solution to the technological problem is accomplished. The recitation of claim limitations that attempt to cover an entrepreneurial and thus abstract solution to an entrepreneurial problem with no technological details on how the technological result is accomplished and no description of the mechanism for accomplishing the result, does not integrate a judicial exception into a practical application (Step 2A Prong Two). For the same reasons, when tested under 2106.05.f(1), the additional elements also do not provide significantly more (Step 2B) because this type of recitation is equivalent to the words "apply it". Therefore, when reading the above claimed additional computer-based elements in light of the original, the Examiner finds that they merely apply said abstract idea. Thus, these additional limitations, considered individually and in combination, amount to mere instructions to implement an abstract idea on a general-purpose computer or use the computer as a tool to perform the above identified abstract idea and therefore do not integrate the judicial exception into a practical application without imposing meaningful limits on practicing the abstract idea.
Further, dependent Claims 2-12, 14-18, 20-23 merely incorporate the additional elements recited in Claims 1, 13, 19 along with further narrowing of the abstract idea of Claims 1, 13, 19, along with their execution of the abstract idea. Specifically, Claims 2-12, 14-18, 20-23 further narrow the server, applications, and various engines as additional computer-based elements to capabilities to assign, schedule, publish, fill, book, create, identify, and receive various forms of data such as open roles, profiles, qualifications, schedules, locations, applications, staff members, etc., which, when evaluated per MPEP 2106.05(f)(2) represent mere invocation of computers to perform an existing process. The first, second, and third user interfaces cited in Claims 12, 23 require the use of software to tailor information and provide it to the user on a generic computer. The visualization engine generates a second menu (interface) for the manager from a first menu and sends the second menu to another location as performed by generic computer components, per MPEP 2106.05(f)(2) ii. Further, Claims 12, 23 merely invoke computers as a tool to perform the existing process, per MPEP 2106.05(f)(2) v.
Therefore, the additional elements recited in the claimed invention individually and in combination fail to integrate a judicial exception into a practical application (Step 2A prong two) or provide significantly more (Step 2B).
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Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4, 13-16, 18, 19 are rejected under 35 U.S.C. 103 as being anticipated by
Braswell et al. US 20170329908 A1 hereinafter Braswell in view of
Andrie et al. US 20130066647 A1 hereinafter Andrie. As per,
Claims 1, 13: Braswell teaches “A system for scheduling professional staff (Claim 1) / nursing staff and other medical staff (Claim 13) among a plurality of nodes comprising”:
“a server” (Braswell ¶ [0002]: … automated healthcare scheduler system and method which automates and coordinates temporary staffing by registered nurses (RN) and other licensed healthcare workers (HC-W) with healthcare facilities (HC-Fac) that need and have staffing requirements; ¶ [0073] 5th/6th sentences: The facility computer system 280 also has a facility network 290 [server] which is connected to computers at the various medical units [nodes]. Cardio medical unit [node] computer 286 and adult floor 1 medical unit [node] computer 288 is connected to the facility network 290. On a larger scale example, ¶ [0043]: FIG. 2 diagrammatically illustrates the major computational and functional modules for the present invention. The central system 5 [server] includes, on the healthcare facility side, a facility web portal 54. Portal 54 communicates with healthcare facilities 51, 53, 55 [nodes] via telecommunications network); “and”
“one or more applications executing on the server including”
- “a visualization engine” (Braswell ¶ [0059] 1st sentence: FIGS. 4A, 4B, 4C and 4D diagrammatically show some examples of the healthcare facility dashboard; ¶ [0060] 1st sentence: FIG. 4B shows a health care facility staff module with the display 142; ¶ [0063] 1st and 2nd sentence: FIG. 5 shows a healthcare worker APP which is placed on the healthcare worker's cell phone. Scheduler APP 152, as an example, includes display 154 screen),
- “a communications engine” (Braswell ¶ [0073] 3rd/last sentences: HC Facility 280 communicates via telecommunications network 284 to scheduler central office 282…. Transmission via telecommunications network 284 is handled by input output device 306 in facility computer system 280), “and”
- “a predictive and optimization engine” (Braswell ¶ [0035]: … Match Processor 16 matches qualifications of the RN/HC-W with the staffing requirements for the HC-Facs. For example, one hundred RN/HC-W may be located as potential staffers for the staffing events in the HC-Fac DB 14 (a super plurality). Compiler 42 then organizes the potential "available" staff data by date and shift and qualifications….) “that”:
“form the plurality of nodes [Claim 1] / plurality of nodes corresponding to a plurality of surgical centers [Claim 13]” (¶ [0073] 5th/6th sentences: The facility computer system 280 also has a facility network 290 [server] which is connected to computers at the various medical units [nodes]. Cardio medical unit [node] computer 286 and adult floor 1 medical unit [node] computer 288 is connected to the facility network 290. On a larger scale example, ¶ [0043]: FIG. 2 diagrammatically illustrates the major computational and functional modules for the present invention. The central system 5 [server] includes, on the healthcare facility side, a facility web portal 54. Portal 54 communicates with healthcare facilities 51, 53, 55 [nodes / surgical centers] via telecommunications network).
“having at least one manager assigned to at least one of the plurality of nodes and wherein each node includes pre-qualified staff members” (Braswell ¶ [0066] 3rd/4th sentences: In step 204, the manager or [sic] the healthcare facility system generates a staff count needed on a per medical unit [node] basis, lists the employee staff count, the staff needed count, and confirms the temporary healthcare staff count needed for each medical unit [node]. In step 206, the manager posts the healthcare staff needed and also posts the qualifications for each staff person in the healthcare facility database 14; ¶ [0027]: On the healthcare staffing supply side, the registered nurse-healthcare worker database 12 (RN/HC-W DB 12) [pool] is linked via a telecommunications network 15 to various healthcare workers (RN/HC-Ws) which are shown in FIG. 1 as RN 1, 2, 3. These registered nurses [pre-qualified staff], for example RN1, have completed a user personal profile (UPP, see UPP Table 1 below) which is stored in RN/HC-W database; mid-¶ [0047]: The system operator (Sys op), in step 88, conducts a background check, a certification check, and an insurance check and other on-boarding data and uploads the data for the RN or HC-W. In step 90, The system operator marks RN 1234 in his or her UPP as an "active" HC-W [pre-qualification of staff]);
“form a pool of the pre-qualified staff members from the plurality of nodes that can be shared by each node among the plurality of nodes” (Braswell ¶ [0027]: On the healthcare staffing supply side, the registered nurse-healthcare worker database 12 (RN/HC-W DB 12) [pool] is linked via a telecommunications network 15 to various healthcare workers (RN/HC-Ws) which are shown in FIG. 1 as RN 1, 2, 3. These registered nurses [pre-qualified staff], for example RN1, have completed a user personal profile (UPP, see UPP Table 1 below) which is stored in RN/HC-W database; ¶ [0029] 1st sentence: In connection with RN 1, that person has indicated his or her availability as a licensed healthcare professional [pre-qualified staff]), “wherein”
“the pool includes information about each pre-qualified staff member in the pool” (Braswell Table 1: RN User Personal Profile (UPP); Table 3: Healthcare Worker (HC-W) User Personal Profile (UPP); ¶ [0060] When function 143 is selected, the selection function is activated and a box 144 is displayed showing the names of the staff for that medical unit as well as whether each staff member is a permanent or temporary position) “including their”
- “employment history” (Table 1: Recent work history (e.g., past year); Table 3: DQ history),
- “qualifications” (Table 1: Med. Specials: HEMOC; Cardio; Peds. Table 3: certifications; Medical Units: Gero; Peds; Ortho),
- “contact information” (Table 1 and Table 3: name, address; phone); “and”
- “availability [Claim 1] / availability as a full time staff member, a part time staff member or a per diem staff member for a staff type [Claim 13]” (Table 1: UPP Schedule - link to RN Staff DB [Wingdings font/0xE0] Braswell Table 2: UPP Schedule RN-Jane Doe 123456 (example), including shift availability in a weekly calendar format; Table 3: UPP Schedule (see HC-W UPP) - link to HC Staff DB);
“send an open role to the pool via the plurality of nodes in response to inputs by the at least one manager, wherein the open role includes parameters for a schedule and a position” (Braswell ¶ [0066] 3rd/4th sentences: In step 204, the manager or [sic] the healthcare facility system generates a staff count needed [open roles] on a per medical unit [node] basis, lists the employee staff count, the staff needed count, and confirms the temporary healthcare staff count needed for each medical unit [node]; For example, in ¶ [0034]: HC-Facs 1, 2, 3 have uploaded into healthcare facility database 14 their respective requirements or staffing requirements for Date 1, Shift 1, 2 and 3 [schedule parameter]. Facility 1 has posted a staffing requirement [open role] for two registered nurses in the cardiac unit [position parameter]; mid-¶ [0050]: In step 101, the system broadcasts [sends] to the RN or healthcare worker pool the demand requirements for staffing);
“receive responses in response to inputs from the pre-qualified staff members in the pool either accepting or rejecting the open role” (Braswell ¶ [0053]: In step 110, if the healthcare worker accepts the staffing requirement on his or her cell phone or Internet enabled device (such as a computer or computer tablet), the staffer selects "except [sic] shift" and the scheduler APP delivers an acknowledgment to the scheduler system; ¶ [0064] last sentence: The healthcare worker can accept or decline as noted by the function blocks in FIG. 5. Accordingly, the scheduler database is updated);
“form an application for the open role by the pre-qualified staff members who accepted the open role” (Braswell Fig. 3A Step 86: RN -HC Worker uploads personal data to UPP; uploads personal schedule to RN-HC Worker Database. ¶ [0050] 2nd – 6th sentences: In step 98, the system conducts a day of the week and shift match between RN and the worker staff who are “available” compared with the staffing requirements at the healthcare facility. In step 101, the system broadcasts to the RN or healthcare worker pool the demand requirements for staffing. Preferably, this is a push notification. Further details of this function are described later in connection with FIG. 5. In step 103, the healthcare workers cell phone is activated and the APP on the phone issues and audio and/or visual prompt to the healthcare worker. Optionally in step 105, the healthcare worker APP permits the user or healthcare worker to look up the healthcare facility which is requesting the staffing requirement. In this manner, the healthcare worker can view or see specific details regarding the medical unit and the healthcare facility in general prior to responding to the “staff needed” broadcast from the scheduler system. ¶ [0051] 3rd/ 5th sentences: Within this predetermined time frame which may be changed by the Sys Op, the healthcare workers can accept or decline the staffing request. In this manner, the healthcare worker is forced to update his or her UPP and the “available personal schedule or calendar” each week or month or other predetermined period of time);
“fill the open role with at least one of the pre-qualified staff members who accepted the open role” (Braswell Fig. 3C Step 112: System: Match Processor Module confirms that the Staffing Rqmt ''filled." System; Notify HC Facility of "Selected Staffer", that is the RN - HC-W who accepted the Staff Rqmt. Update RN - HC-W Database UPP Personal Scheduler/Calendar indicating "shift filled"),
“and a user interface formed from an overlay for an operating room dashboard that automatically populates staff member candidates for selection (Braswell ¶ [0059] 1st sentence: FIGS. 4A, 4B, 4C and 4D diagrammatically show some examples of the healthcare facility dashboard; ¶ [0073] 3rd/last sentences: HC Facility 280 communicates via telecommunications network 284 to scheduler central office 282…. ¶ [0035]: … Match Processor 16 matches qualifications of the RN/HC-W with the staffing requirements for the HC-Facs).
Braswell falls short of selection for procedure type or doctor or surgeon preferences.
* However *
Andrie in analogous art teaches or suggests “for selection for a given procedure in an operating room based on type of procedure… doctor or surgeon preferences and one or more parameters selected from wage rates, staff member preferences, location, and staff member type” (Andrie ¶ [0061]: An exemplary web page implementation of the scheduling module 12 in which new surgeries can be scheduled is shown in FIG. 8. This web page can be accessed by selecting the “create new button shown in FIG. 7. The webpage includes fields for selecting a surgeon, a procedure date, and a procedure type. ¶ [0077]: In exemplary embodiments, inventory is removed from the cabinet in advance of a Surgery, based on the type of surgery and optionally based upon the surgeon's preferences. ¶ [0096]: the surgeon profile module 34 includes a web page that permits a surgeon or a surgeon’s representative to specify preference information corresponding to that surgeon, e.g., based on a particular type of surgery or type of patient. ¶ [0060]: …Information relating to each Surgery or case is shown in the list. This information includes a case identification number which uniquely identifies each surgery, a date that the surgery is scheduled, a Surgeon identification number which uniquely identifies the surgeon assigned to the surgery, a facility at which the surgery is to be performed, and a type of the surgery or procedure. The list of surgeries can be limited by date or any of a variety of other search criteria used to search the scheduling database 14. [Also see selectable locations listed in Fig. 8 and related text]).
Andrie and Braswell are analogous art to intelligent scheduling and staffing operations at a business or medical center. It would have been obvious to one skilled in the art, before the effective filling date of the claimed invention, to have augmented Braswell’s “automated healthcare scheduler system and method” with Andrie’s teachings to aid the scheduling of medical personnel by incorporating procedure types and surgeon preferences. The benefit of combining these features would have reduced time and resources completing paperwork and performing surgical planning, inventory management, and other logistical tasks (Andrie ¶ [0010]).
Claim 2: Braswell / Andrie teaches all of the limitations of claim 1 above.
Braswell further teaches “The system of claim 1, wherein the visualization engine has three different user groups and corresponding user interfaces comprising staff or contractors, managers or coordinators, and administrators” (Braswell ¶ [0063]: FIG. 5 shows a healthcare worker APP which is placed on the healthcare worker's cell phone; ¶ [0064]: Returning to display 154 and in display region 160, alerts are provided to the healthcare worker [staff or contractor]. These alerts are for available shifts which alerts are broadcast by the scheduler system; ¶ [0059]: FIGS. 4A, 4B, 4C and 4D diagrammatically show some examples of the healthcare facility dashboard, a HCFAC staffing module, a cancellation function module, a hold open staff request, and a resend staff request function module [by manager]. ¶ [0060] 1st/2nd sentences: FIG. 4B shows a health care facility staff module with the display 142. In column format, the display shows medical unit, staffing needs for that unit, a current staff count. The upper far right block 141 is a selectable function button or element which permits the health care manager to select a "show staff' function. ¶ [0061]: 3rd sentence: The user or health care HC-Fac manager can select one of the functions 135, 136, 137 which, upon selection of that function, cancels the temporary staffing request, keeps that request "on hold" and open for the selected staffer to arrive at the medical unit, or provides an instruction/command to the scheduler system to replace the temporary staffer which has been selected for that shift. ¶ [0062]: 2nd sentence: …the health care manager can select a button command (see FIG. 4C) to resend a staff request to the scheduler system. ¶ [0046]: The system operator [administrator] can have access the various electronic components in central system 50 via display panel 68 [user interface]. ¶ [0039] 2nd sentence: The system operator may change these priorities. ¶ [0047] last 3 sentences: The system operator (Sys op), in step 88, conducts a background check, a certification check, and an insurance check and other on-boarding data and uploads the data for the RN or HC-W. Some system data in the UPP may be hidden from the HC-W. In step 90, The system operator marks RN 1234 in his or her UPP as an "active" HC-W).
Claim 3: Braswell / Andrie teaches all of the limitations of claim 1 above.
Braswell further teaches “The system of claim 1, wherein the pre-qualified staff are one of three types among full time, part time, or per diem” (Braswell Table 1: RN User Personal Profile (UPP); ¶ [0060] When function 143 is selected, the selection function is activated and a box 144 is displayed showing the names of the staff for that medical unit as well as whether each staff member is a permanent or temporary position. ¶ [0003] 1st/2nd sentences: … the need in the healthcare system is more acute due to the need to fill hundreds of healthcare worker staffing positions each day [per diem], and those staffing requirement[s] vary greatly day-today…. Oftentimes highly qualified RNs and healthcare workers are needed in surgical suites on an as-needed basis. This need for highly skilled persons to fill, on an as-needed basis, temporary medical staffing positions).
Claim 4: Braswell / Andrie teaches all of the limitations of claim 1 above.
Braswell further teaches “The system of claim 1, wherein the open role further includes a parameter for a wage” (Braswell ¶ [0071] 1st sentence: In step 266, the scheduler system computes, for each healthcare worker, the hours worked, the payment due based on an hourly rate [wage], any overtime pay and any with holdings relative to a payment to the nurse or healthcare worker).
Claim 14: Braswell / Andrie teaches all of the limitations of claim 13 above.
Braswell further teaches “The system of claim 13, wherein the open role is preliminarily communicated to or filled with a suggested candidate among the pre-qualified staff members using the predictive and optimization engine based on one or more weighted matching factors among qualifications, employment history, home node assignment, site preferences, staff type, availability, hourly rate, annual salary, surgeon preference, or anesthesiologist preference.” (Braswell ¶ [0038] 1st / 3rd sentences: In the system described in FIG. 1, match processor 16 coordinates a selection by RN 1, now called a "selected staffer" [suggested candidate], to match one of the needs [open role] for healthcare facility 1 for the cardiac unit…. This data is made available to the HC-Fac Manager at his or her dashboard. ¶ [0039]: If more RNs (HC-Ws) have accepted the RC-Fae's staffing request, the match processor 16 [optimization engine] prioritizes [weights] the results as shown below. See “Priority Staffing Table” – prioritized [weighted] matching factors: 1. Optional: geographic proximity; 2. Certification level (highest priority); 3. Quality Score levels (see below); 4. Days/shifts worked at Fae (quantity factor); 5. Late arrival factor (a negative score event); 6. Number of disqualifications (a negative score event); 7. Number of shifts worked that week. The system operator may change these priorities).
Claim 15: Braswell / Andrie teaches all of the limitations of claim 13 above.
Braswell further teaches “The system of claim 13, wherein the pool of pre-qualified staff members from a first group comprising staff members from a set of surgery centers owned by or affiliated to a single entity that share staff members, a second group of members that have the required qualifications and previously worked with the single entity with a proven track record, and a third group of members that have the required qualifications but have not worked with the single entity, wherein the open role is first published to members of Group 1 and if not filled within a predetermined time period, the open role is published to members of group 1 and group 2 and if not filled by another predetermined period, then the open role is published further to members of Group 3” (Braswell ¶ [0068] 2nd sentence: In step 234, the system broadcasts a "first tier" shift employment call to certain highly qualified healthcare workers in the staffing pool. If no highly rated staffer selects the staffing requirement call within a predetermined time (15 minutes), the scheduler system broadcasts to a second-tier group of healthcare workers the "staffing event available" or the staffing requirement. ¶ [0003] 2nd sentence: Oftentimes highly qualified RNs and healthcare workers are needed in surgical suites on an as-needed basis. ¶ [0011] 2nd sentence: The scheduler prioritizes worker acceptance responses for the staffing request based upon: worker quality of service factors… and previous work histories at the healthcare facility, the quality of service factors and previous work histories. ¶ [0068] 4th sentence: The scheduler system repeats this cascading call for staffing until the staffing position is filled).
Claim 16: Braswell / Andrie teaches all of the limitations of claim 13 above.
Braswell further teaches “The system of claim 13, wherein the system for scheduling nursing staff and other medical staff is an overlay for an operating room dashboard that automatically populates staff member candidates for selection for a given procedure based on one or more parameters selected from staff member qualifications, wage rates, doctor preferences, staff member preferences, location, and staff member type.” (Braswell ¶ [0060]: FIG. 4B shows a health care facility staff module with the display 142. In column format, the display shows medical unit, staffing needs for that unit, a current staff count. The upper far right block 141 is a selectable function button or element which permits the health care manager to select a "show staff' function. When function 143 is selected, the selection function is activated and a box 144 is displayed showing the names of the staff for that medical unit [location] as well as whether each staff member is a permanent or temporary position [staff member type]. ¶ [0011] 4th sentence: The scheduler then selects [populates] a sub-plurality [candidates for selection] of healthcare workers for the staffing request [procedure] which matches needed workers at the healthcare facility as selected healthcare workers assigned to a selected shift at the corresponding healthcare facility [location]).
Claim 18: Braswell / Andrie teaches all of the limitations of claim 13 above.
Braswell further teaches “The system of claim 13, wherein the system for scheduling nursing staff and other medical staff is an overlay for an operating room dashboard that further provides a user interface for granting access to a schedule to a selected staff member” (Braswell ¶ [0062]: FIG. 4D is the resend staff request function. In display [user interface] 140 the column format shows medical unit, and a staff needed count in the current shift in time. In this manner, the health care manager can select a button command (see FIG. 4C) to resend a staff request to the scheduler system [manager grants access to a schedule to a selected staff member via the scheduler system]. ¶ [0063] 4th sentence: The scheduler then selects a sub-plurality of healthcare workers (step 112) for the corresponding staffing request which matches needed workers at the corresponding healthcare facility as selected healthcare workers assigned to a selected shift at the corresponding healthcare facility. The selected workers are notified of the match and selected shift via the worker communications device thereby filling the staffing request with a scheduled healthcare worker for the shift. See Step 112, and the HC-W calendar, DB 12, FIG. 5, function blocks 170, 172, 176), “wherein”
“the selected staff member receives a link to access the schedule on mobile device user interface on a mobile device assigned to the selected staff member” (Braswell ¶ [0063] 1st sentence: FIG. 5 shows a healthcare worker APP which is placed on the healthcare worker's cell phone. ¶ [0027]: 3rd sentence: Some of the RN UPP profile is discussed later herein and includes an individualized RN/HC-W worker scheduler-calendar unique to each healthcare staffer. The RN/HC-W worker scheduler-calendar is uploaded to the RN cell phone, smart phone or the Internet-enabled Device (IED)) “wherein”
“the mobile device interface provides views of assigned roles for the selected staff member across multiple facilities at different geographic locations” (Braswell ¶ [0063] 2nd – 8th sentences: Scheduler APP 152, as an example, includes display 154 screen. That display has, by example, certain information areas. In information area 156, the health workers name and ID as well as the date and time is shown. In area 158, the healthcare worker's current schedule [views of assigned roles], date and time and shift for a particular healthcare facility is shown. This is the current or next shift schedule for the healthcare worker. By activating display region 158, the APP executes step 170 which displays a full calendar or work week, all the shift schedules for that particular healthcare worker, and all "available" days and shifts and all "not available" or NIA days and shifts. ¶ [0050]: Optionally in step 105, the healthcare worker APP permits the user or healthcare worker to look up the healthcare facility [across multiple facilities] which is requesting the staffing requirement. In this manner, the healthcare worker can view or see specific details regarding the medical unit and the healthcare facility in general prior to responding to the "staff needed" broadcast from the scheduler system. The location [across multiple geographic locations] and type of temp staff work is important to the HC-W).
Claim 19: Braswell teaches “A method of scheduling professional staff among a plurality of nodes, comprising”
“an application at a server” (Braswell ¶ [0002]: … automated healthcare scheduler system and method which automates and coordinates temporary staffing by registered nurses (RN) and other licensed healthcare workers (HC-W) with healthcare facilities (HC-Fac) that need and have staffing requirements; ¶ [0073] 5th/6th sentences: The facility computer system 280 also has a facility network 290 [server] which is connected to computers at the various medical units [nodes]. Cardio medical unit [node] computer 286 and adult floor 1 medical unit [node] computer 288 is connected to the facility network 290. On a larger scale example, ¶ [0043]: FIG. 2 diagrammatically illustrates the major computational and functional modules for the present invention. The central system 5 [server] includes, on the healthcare facility side, a facility web portal 54. Portal 54 communicates with healthcare facilities 51, 53, 55 [nodes] via telecommunications network)
“having one or more applications executing on the server” (Braswell ¶ [0059] 1st sentence: FIGS. 4A, 4B, 4C and 4D diagrammatically show some examples of the healthcare facility dashboard; ¶ [0073] 3rd/last sentences: HC Facility 280 communicates via telecommunications network 284 to scheduler central office 282…. ¶ [0035]: … Match Processor 16 matches qualifications of the RN/HC-W with the staffing requirements for the HC-Facs) “which perform the functions of”:
“forming a plurality of nodes having at least one manager assigned to at least one of the plurality of nodes and wherein each node includes pre-qualified staff members” (Braswell ¶ [0066] 3rd/4th sentences: In step 204, the manager or [sic] the healthcare facility system generates a staff count needed on a per medical unit [node] basis, lists the employee staff count, the staff needed count, and confirms the temporary healthcare staff count needed for each medical unit [node]. In step 206, the manager posts the healthcare staff needed and also posts the qualifications for each staff person in the healthcare facility database 14; ¶ [0027]: On the healthcare staffing supply side, the registered nurse-healthcare worker database 12 (RN/HC-W DB 12) [pool] is linked via a telecommunications network 15 to various healthcare workers (RN/HC-Ws) which are shown in FIG. 1 as RN 1, 2, 3. These registered nurses [pre-qualified staff], for example RN1, have completed a user personal profile (UPP, see UPP Table 1 below) which is stored in RN/HC-W database; mid-¶ [0047]: The system operator (Sys op), in step 88, conducts a background check, a certification check, and an insurance check and other on-boarding data and uploads the data for the RN or HC-W. In step 90, The system operator marks RN 1234 in his or her UPP as an "active" HC-W [pre-qualification of staff]);
“forming a pool of the pre-qualified staff members from the plurality of nodes that can be shared by each node among the plurality of nodes” (Braswell ¶ [0027]: On the healthcare staffing supply side, the registered nurse-healthcare worker database 12 (RN/HC-W DB 12) [pool] is linked via a telecommunications network 15 to various healthcare workers (RN/HC-Ws) which are shown in FIG. 1 as RN 1, 2, 3. These registered nurses [pre-qualified staff], for example RN1, have completed a user personal profile (UPP, see UPP Table 1 below) which is stored in RN/HC-W database; ¶ [0029] 1st sentence: In connection with RN 1, that person has indicated his or her availability as a licensed healthcare professional [pre-qualified staff]), “wherein”
“the pool includes information about each pre-qualified staff member in the pool” (Braswell Table 1: RN User Personal Profile (UPP); Table 3: Healthcare Worker (HC-W) User Personal Profile (UPP); ¶ [0060] When function 143 is selected, the selection function is activated and a box 144 is displayed showing the names of the staff for that medical unit as well as whether each staff member is a permanent or temporary position) “including their”
- “employment history” (Table 1: Recent work history (e.g., past year); Table 3: DQ history),
- “qualifications” (Table 1: Med. Specials: HEMOC; Cardio; Peds. Table 3: certifications; Medical Units: Gero; Peds; Ortho),
- “contact information” (Table 1 and Table 3: name, address; phone); and
- “availability” (Table 1: UPP Schedule - link to RN Staff DB [Wingdings font/0xE0] Braswell Table 2: UPP Schedule RN-Jane Doe 123456 (example), including shift availability in a weekly calendar format; Table 3: UPP Schedule (see HC-W UPP) - link to HC Staff DB);
“sending an open role to the pool via the plurality of nodes in response to inputs by the at least one manager, wherein the open role includes parameters for a schedule and a position” (Braswell ¶ [0066] 3rd/4th sentences: In step 204, the manager or [sic] the healthcare facility system generates a staff count needed [open roles] on a per medical unit [node] basis, lists the employee staff count, the staff needed count, and confirms the temporary healthcare staff count needed for each medical unit [node]; For example, in ¶ [0034]: HC-Facs 1, 2, 3 have uploaded into healthcare facility database 14 their respective requirements or staffing requirements for Date 1, Shift 1, 2 and 3 [schedule parameter]. Facility 1 has posted a staffing requirement [open role] for two registered nurses in the cardiac unit [position parameter]; mid-¶ [0050]: In step 101, the system broadcasts [sends] to the RN or healthcare worker pool the demand requirements for staffing);
“receiving responses in response to inputs from the pre-qualified staff members in the pool either accepting or rejecting the open role” (Braswell ¶ [0053]: In step 110, if the healthcare worker accepts the staffing requirement on his or her cell phone or Internet enabled device (such as a computer or computer tablet), the staffer selects "except [sic] shift" and the scheduler APP delivers an acknowledgment to the scheduler system; ¶ [0064] last sentence: The healthcare worker can accept or decline as noted by the function blocks in FIG. 5. Accordingly, the scheduler database is updated);
“forming an application for the open role by the pre-qualified staff members who accepted the open role” (Braswell Fig. 3A Step 86: RN -HC Worker uploads personal data to UPP; uploads personal schedule to RN-HC Worker Database. ¶ [0050] 2nd – 6th sentences: In step 98, the system conducts a day of the week and shift match between RN and the worker staff who are “available” compared with the staffing requirements at the healthcare facility. In step 101, the system broadcasts to the RN or healthcare worker pool the demand requirements for staffing. Preferably, this is a push notification. Further details of this function are described later in connection with FIG. 5. In step 103, the healthcare workers cell phone is activated and the APP on the phone issues and audio and/or visual prompt to the healthcare worker. Optionally in step 105, the healthcare worker APP permits the user or healthcare worker to look up the healthcare facility which is requesting the staffing requirement. In this manner, the healthcare worker can view or see specific details regarding the medical unit and the healthcare facility in general prior to responding to the “staff needed” broadcast from the scheduler system. ¶ [0051] 3rd/ 5th sentences: Within this predetermined time frame which may be changed by the Sys Op, the healthcare workers can accept or decline the staffing request. In this manner, the healthcare worker is forced to update his or her UPP and the “available personal schedule or calendar” each week or month or other predetermined period of time); [and]
“filling the open role with at least one of the pre-qualified staff members who accepted the open role” (Braswell Fig. 3C Step 112: System: Match Processor Module confirms that the Staffing Rqmt ''filled." System; Notify HC Facility of "Selected Staffer", that is the RN - HC-W who accepted the Staff Rqmt. Update RN - HC-W Database UPP Personal Scheduler/Calendar indicating "shift filled"),
“and presenting information on at least a first user interface formed from an overlay for an operating room dashboard that automatically populates staff member candidates (Braswell ¶ [0059] 1st sentence: FIGS. 4A, 4B, 4C and 4D diagrammatically show some examples of the healthcare facility dashboard; ¶ [0073] 3rd/last sentences: HC Facility 280 communicates via telecommunications network 284 to scheduler central office 282…. ¶ [0035]: … Match Processor 16 matches qualifications of the RN/HC-W with the staffing requirements for the HC-Facs)
Braswell falls short of selection for procedure type or doctor or surgeon preferences.
* However *
Andrie in analogous art teaches or suggests “for selection for a given procedure in an operating room based on type of procedure… doctor or surgeon preferences and one or more parameters selected from wage rates, staff member preferences, location, and staff member type” (Andrie ¶ [0061]: An exemplary web page implementation of the scheduling module 12 in which new surgeries can be scheduled is shown in FIG. 8. This web page can be accessed by selecting the “create new button shown in FIG. 7. The webpage includes fields for selecting a surgeon, a procedure date, and a procedure type. ¶ [0077]: In exemplary embodiments, inventory is removed from the cabinet in advance of a Surgery, based on the type of surgery and optionally based upon the surgeon's preferences. ¶ [0096]: the surgeon profile module 34 includes a web page that permits a surgeon or a surgeon’s representative to specify preference information corresponding to that surgeon, e.g., based on a particular type of surgery or type of patient. ¶ [0060]: …Information relating to each Surgery or case is shown in the list. This information includes a case identification number which uniquely identifies each surgery, a date that the surgery is scheduled, a Surgeon identification number which uniquely identifies the surgeon assigned to the surgery, a facility at which the surgery is to be performed, and a type of the surgery or procedure. The list of surgeries can be limited by date or any of a variety of other search criteria used to search the scheduling database 14. [Also see selectable locations listed in Fig. 8 and related text]).
Andrie and Braswell are analogous art to intelligent scheduling and staffing operations at a business or medical center. It would have been obvious to one skilled in the art, before the effective filling date of the claimed invention, to have augmented Braswell’s “automated healthcare scheduler system and method” with Andrie’s teachings to aid the scheduling of medical personnel by incorporating procedure types and surgeon preferences. The benefit of combining these features would have reduced time and resources completing paperwork and performing surgical planning, inventory management, and other logistical tasks (Andrie ¶ [0010]).
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Claims 5, 6, 7, 17, 20 are rejected under 35 U.S.C. 103 as being unpatentable over:
Braswell / Andrie, as applied to Claim 1, 13, and 19 above, in further view of
Borza US 20130090968 Al hereinafter Borza. As per,
Claims 5, 7, 20: Braswell / Andrie teaches all the limitations in Claims 1, 19 above. Furthermore,
Braswell teaches or suggests: “The system of claim 1 (Claims 5,7) / The method of claim 19 (Claim 20), wherein the plurality of nodes corresponds to a plurality of operating centers (Claim 5) / surgical centers (Claims 7, 20)” (¶ [0073] 5th/6th sentences: The facility computer system 280 also has a facility network 290 [server] which is connected to computers at the various medical units [nodes]. Cardio medical unit [node] computer 286 and adult floor 1 medical unit [node] computer 288 is connected to the facility network 290. On a larger scale example, ¶ [0043]: FIG. 2 diagrammatically illustrates the major computational and functional modules for the present invention. The central system 5 [server] includes, on the healthcare facility side, a facility web portal 54. Portal 54 communicates with healthcare facilities 51, 53, 55 [nodes / operating centers / surgical centers] via telecommunications network) “and”
“each of the pre-qualified staff members have profiles (Claim 5) / each of the prequalified staff members are medical staff and have profiles (Claim 7, 20)” (Braswell Table 1: RN User Personal Profile (UPP) “defining”:
- “a type for the pre-qualified staff member as full time, part time or per diem” (Braswell ¶ [0060] When function 143 is selected, the selection function is activated and a box 144 is displayed showing the names of the staff for that medical unit as well as whether each staff member is a permanent or temporary position. ¶ [0003] 1st / 2nd sentences: … the need in the healthcare system is more acute due to the need to fill hundreds of healthcare worker staffing positions each day, and those staffing requirement[s] vary greatly day-today…. Oftentimes highly qualified RNs and healthcare workers are needed in surgical suites on an as-needed basis. This need for highly skilled persons to fill, on an as-needed basis, temporary medical staffing positions);
- “a speciality type for the pre-qualified staff member (Claim 5) / a speciality type for the pre-qualified staff member as Pre-Op, PACU (post anesthesia care unit), Sedation or OR (operating room) (Claims 7, 20)” (Braswell Table 1: Med. Specials: HEMOC; Cardio; Peds. Table 3: Medical Units: Gero; Peds; Ortho);
- “a schedule of days available for per diem type pre-qualified staff members” (Braswell Table 1: UPP Schedule - link to RN Staff DB [Wingdings font/0xE0] Table 2: UPP Schedule RN-Jane Doe 123456 (example), including shift availability in a weekly calendar format; Table 3: UPP Schedule (see HC-W UPP) - link to HC Staff DB) and
- “average hour rate or annual salary” (Braswell Table 1: Payroll data: hours worked data, paycheck data, direct deposit data; Braswell Table 3: Payroll data: hours worked data, paycheck data)
Braswell / Andrie does not teach: “a home site where the pre-qualified staff member has a home operating center (Claim 5) / surgical center (Claims 7, 20) among the plurality of nodes” or “a schedule of work days (Claim 5 only) and PTO dates for full time and part time pre-qualified staff members (Claims 5, 7, 20).”
Borza however in analogous art of scheduling and staffing operations at a business or medical center teaches or suggests:
- “a home site where the pre-qualified staff member has a home operating center (Claim 5) / surgical center (Claims 7, 20) among the plurality of nodes” (Borza ¶ [0089] 3rd sentence: The third display screen 530 also denotes that "Location 1" is considered the home location for the employee and hence they will be preferentially scheduled to this location unless an issue requires the manager to schedule them to another location) and
- “a schedule of work days (Claim 5 only) and PTO dates for full time and part time pre-qualified staff members (Claims 5, 7, 20)” (Borza ¶ [0010] 1st and 2nd sentences: When it is known ahead of time that an employee will be absent, due to vacation, a planned medical treatment or the like, that employee is removed from the pool of people who may be scheduled to work during that period of time. Therefore, an automated scheduling program fills the work shift positions with only the available employees from that pool).
Borza, Andrie, and Braswell are analogous art to intelligent scheduling and staffing operations at a business or medical center. It would have been obvious to one skilled in the art, before the effective filling date of the claimed invention, to have augmented Braswell / Andrie’s “automated healthcare scheduler system and method” with Borza’s teachings to include default home sites for preferential scheduling for individual employees (and, more specific to the medical field, have identified those home sites as operating or surgical centers) and to include the implementation of employee schedules with work days and PTO (vacation) days to the scheduling method. The benefit of combining these features would streamline the automation of scheduling employees for jobs and shifts based on pre-determined staff availability and preferences (Borza ¶ [0003]: adequate personnel are present when the organization requires them, that holidays can be accommodated, sick days managed, and costs tracked or minimized).
Claim 6: Braswell / Andrie / Borza teaches all the limitations of Claim 5 above. Furthermore,
Braswell teaches or suggests “The system of claim 5, wherein the profiles further include a site preference ranking a number of sites where the pre-qualified staff member would prefer to work” (Braswell ¶ [0063] 7th sentence: In step 172, the healthcare worker can select, as being "available," any day, time and shift and, in an advanced system, can establish preferences for healthcare facility. ¶ [0049] last sentence: Subject to a worker's qualifications, skill level and work activity, the geographic preference is to seek out and match healthcare workers which are closer to a healthcare facility than others which are further away).
Claim 17: Braswell teaches “The system of claim 13, wherein the overlay for the operating room dashboard that for a given procedure is further based on one or more parameters selected from doctor or surgeon ratings for staff member candidates for the given procedure, doctor or surgeon ratings for staff member candidates generally, number of prior pairings between assigned doctor or surgeon and the staff member candidate” (Braswell ¶ [0060]: FIG. 4B shows a health care facility staff module with the display 142. In column format, the display shows medical unit, staffing needs for that unit, a current staff count. The upper far right block 141 is a selectable function button or element which permits the health care manager to select a "show staff” function. When function 143 is selected, the selection function is activated and a box 144 is displayed showing the names of the staff for that medical unit [locati3 on] as well as whether each staff member is a permanent or temporary position [staff member type]. ¶ [0011] 4th sentence: The scheduler then selects [populates] a sub-plurality [candidates for selection] of healthcare workers for the staffing request [procedure] which matches needed workers at the healthcare facility as selected healthcare workers assigned to a selected shift at the corresponding healthcare facility [location]. ¶ [0070] In step 260, as an optional step, the manager rates the quality of service (Q-score) for that healthcare worker as either excellent,
good, adequate or not adequate. In step 262, the facility system updates the temporary staffing database at the scheduler system as needed).
Braswell / Andrie does not explicitly recite: “an overlay for an operating room dashboard that automatically selects staff member candidates...”
Borza however in analogous art of scheduling and staffing operations at a business or medical center teaches or suggests “an overlay for an operating room dashboard that automatically selects staff member candidates...” (Borza ¶ [0010] 2nd sentence: Therefore, an automated scheduling program fills the work shift positions with only the available employees from that pool. ¶ [0098] 1st sentence: It would be evident that many of the functions identified for the scheduling software system 690 as being performed by the manager may also be performed automatically by the scheduling software system 690 according to rules established relating to employees including, but not limited to, seniority, labour cost, teams etc.)
Borza, Andrie, and Braswell are analogous art to intelligent scheduling and staffing operations at a business or medical center. It would have been obvious to one skilled in the art, before the effective filling date of the claimed invention, to have augmented Braswell / Andrie’s “automated healthcare scheduler system” with Borza’s teachings for the scheduling system to select staff automatically based on certain parameters. The benefit of combining these features would remove the need for the manager to manually choose the staff member to be scheduled, streamlining the automation of scheduling employees for jobs and shifts based on pre-determined staff availability and preferences (Borza ¶ [0003]: adequate personnel are present when the organization requires them, that holidays can be accommodated, sick days managed, and costs tracked or minimized).
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Claims 10, 11, 12, 23 are rejected under 35 U.S.C. 103 as being unpatentable over:
Braswell / Andrie as applied to Claims 1, 19 above, in further view of
Nuñez US 20190198162 Al hereinafter Nuñez. As per,
Claim 10: Braswell / Andrie teaches all the limitations of Claim 1 above. Furthermore,
Braswell teaches or suggests: “The system of claim 1, wherein the open role is filled and booked and added to a dashboard when
(Braswell ¶ [0053]: In step 110, if the healthcare worker accepts the staffing requirement on his or her cell phone or Internet enabled device (such as a computer or computer tablet), the staffer selects "except [sic] shift" and the scheduler APP delivers an acknowledgment to the scheduler system. In step 112, the match processor in the scheduler system confirms that the staffing requirement is filled with the HC-Fac portal or the HC-Fac computer-based system. ¶ [0059]: 2nd sentence: In FIG. 4A, display 132 includes column headers such as… filled staff request count [added to dashboard]. Braswell explains that data for filled and unfilled staff positions in ¶ [0038] “is made available to the HC-Fac Manager at his or her dashboard”).
Braswell / Andrie does not explicitly recite “the at least one manager approves the application”.
Nuñez however in analogous art of scheduling and staffing operations at a business or medical center teaches or suggests “the at least one manager approves the application” (Nuñez ¶ [0040]: In another embodiment, module 112 can present a proposed roster of candidates filling roles, and the administrator can approve or disapprove of each proposed candidate).
Nuñez, Andrie, and Braswell are analogous art to intelligent scheduling and staffing operations at a business or medical center. It would have been obvious to one skilled in the art, before the effective filling date of the claimed invention, to have combined Braswell / Andrie with Nuñez’s teachings to incorporate the ability of the manager to have manually approved the employee’s application to the open role rather than have it approved via automation. The added benefit of this feature would have allowed managers more control in choosing candidates and allow them to disapprove of candidates at their discretion (Nuñez ¶ [0040]).
Claim 11: Braswell / Andrie teaches all the limitations in Claim 1 above. Furthermore,
Braswell teaches “The system of claim 1, wherein a user interface for creating the open role comprises fields for
and(Braswell ¶ [0051]: In one embodiment, a 15-minute countdown timer is utilized by the scheduler system. Within this predetermined time frame which may be changed by the Sys Op, the healthcare workers can accept or decline the staffing request [status: accepted, status: declined]. If there is no response from the healthcare worker's cell phone, via the APP, the system sets the particular healthcare worker UPP to "no response" [status: no response]).
Braswell / Andrie does not teach: “The system of claim 1, wherein a user interface for creating the open role comprises fields for identifying and inviting a particular pre-qualified staff member, identifying a location at a node among the plurality of nodes, a time of day for the open role” as explicitly claimed.
Nuñez however analogous art to intelligent scheduling and staffing operations teaches or suggests “The system of claim 1, wherein a user interface for creating the open role” (Nuñez ¶ [0040] 2nd sentence: Job postings options module 111 provides the hospital administrator with a template and selectable options to configure a job posting or multiple job postings to be published. ¶ [0045] 3rd sentence: At step 304, a client [user], such as a hospital or a staffing agency contracted to provide temporary staff at the hospital, prompts or enters through an exemplary web-based request screen [interface] a request to fill an open medical staff position) “comprises fields for”
“identifying and inviting a particular pre-qualified staff member,” (Nuñez end-¶ [0044]: At step 312, the candidate staff members respond to the request [invitation], with some portion of the members attempting to claim the open position in the request…. If more than one qualified member has attempted to claim the open position, then the server can prioritize/rank/score the candidates to select and elected staff member [identified] to fill the position).
“identifying a location at a node among the plurality of nodes, a time of day for the open role” (Nuñez ¶ [0045]: 5th sentence: The system request can include information such as the medical facility for the open position, the department within the facility with the open positions, start and stop times for the shift to worked…).
Nuñez, Andrie, and Braswell are analogous art to intelligent scheduling and staffing operations at a business or medical center. It would have been obvious to one skilled in the art, before the effective filling date of the claimed invention, to have combined Braswell / Andrie’s system with Nuñez’s teachings to include a user interface to facilitate the creation of open roles at a specific locations and times, then identify and inform the best candidates. The added benefit of this feature would provide users direct control in choosing candidates and further enable the medical facility to post and fill shift openings on short notice (Nuñez ¶ [0002, 0005]).
Claims 12, 23: Braswell / Andrie teaches all the limitations in Claims 1, 19 above. Furthermore,
Braswell teaches “”
“a second user interface enabling the at least one manager to view a list of open roles and for proposing the assignment of the pre- qualified staff member to one or more open roles in the list of open roles” (Braswell ¶ [0060]: FIG. 4B shows a health care facility staff module with the display 142. In column format, the display shows medical unit, staffing needs for that unit, a current staff count. The upper far right block 141 is a selectable function button or element which permits the health care manager to select a "show staff' function), “and”
“a third user interface for the pre-qualified staff member to receive details of the open role proposed to them and a field for the pre-qualified staff member to approve or reject the open role proposed to them, wherein the open role becomes closed once the pre- qualified staff member approves the open role” (Braswell ¶ [0053]: In step 110, if the healthcare worker accepts the staffing requirement on his or her cell phone or Internet enabled device (such as a computer or computer tablet) [third user interface], the staffer selects "except [sic] shift" and the scheduler APP delivers an acknowledgment to the scheduler system. In step 112, the match processor in the scheduler system confirms that the staffing requirement is filled [closed] with the HC-Fac portal or the HC-Fac computer-based system. ¶ [0064] last sentence: The healthcare worker can accept [approve] or decline [reject] as noted by the function blocks in FIG. 5. Accordingly, the scheduler database is updated).
Braswell / Andrie does not teach “The system of claim 1 (Claim 12) / The method of claim 19 (Claim 23), wherein the visualization engine presents a first user interface accessible by the at least one manager (Claim 23 only) for adding the open role on a dashboard, receiving a notification that one of the pre-qualified staff members applied for the open role with the application, and a field for approving or rejecting the application”.
Nuñez however in analogous art of scheduling and staffing operations at a business or medical center teaches “The system of claim 1 (Claim 12) / The method of claim 19 (Claim 23), wherein the visualization engine presents a first user interface accessible by the at least one manager (Claim 23 only) for adding the open role on a dashboard (Nuñez ¶ [0040] 2nd sentence: Job postings options module 111 provides the hospital administrator [manager] with a template and selectable options to configure a job posting or multiple job postings to be published),
“receiving a notification that one of the pre-qualified staff members applied for the open role with the application, and a field for approving or rejecting the application” (Nuñez ¶ [0040] 4th / 5th sentences: Posting management module 112 coordinates information related to candidates automatically filled by the server into certain postings. Module 112 can inform [notification] the administrator of the filled postings. In another embodiment, module 112 can present a proposed roster of candidates filling roles, and the administrator can approve or disapprove of each proposed candidate),
Nuñez, Andrie, and Braswell are analogous art to intelligent scheduling and staffing operations at a business or medical center. It would have been obvious to one skilled in the art, before the effective filling date of the claimed invention, to have combined Braswell / Andrie’s system/method with Nuñez’s teachings to provide a dashboard for a user to add open roles, view applicants to the open roles, and approve or reject the applicants. The added benefit of this feature would provide users further direct control in choosing candidates and further enable the medical facility to post and fill shift openings on short notice (Nuñez ¶ [0002], [0005]).
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Claims 9, 22 are rejected under 35 U.S.C. 103 as being unpatentable over:
Braswell / Andrie / Borza as applied to Claim 7 and Claim 20 above, in view of
Neveu et al. US 2008/0114683 A1 hereinafter Neveu. As per,
Claims 9, 22: Braswell / Andrie / Borza teaches all the limitations of Claims 7, 20 above. Further,
Braswell teaches “The system of claim 7 (Claim 9) / The method of claim 20 (Claim 22), wherein
“the per diem pre- qualified staff members publish their availability” (Braswell Table 1: UPP Schedule - link to RN Staff DB [Wingdings font/0xE0] Table 2: UPP Schedule RN-Jane Doe 123456 (example), including shift availability in a weekly calendar format; Table 3: UPP Schedule (see HC-W UPP) - link to HC Staff DB); “and”
“the open slots are published as available to the per diem pre-qualified staff members if the full time and part time prequalified staff members have not been assigned for the open role” (Braswell ¶ [0068] 2nd sentence: In step 234, the system broadcasts a "first tier" shift employment call to certain highly qualified healthcare workers in the staffing pool. If no highly rated staffer selects the staffing requirement call within a predetermined time (15 minutes), the scheduler system broadcasts to a second-tier group of healthcare workers the "staffing event available" or the staffing requirement. ¶ [0003] 2nd sentence: Oftentimes highly qualified RNs and healthcare workers are needed in surgical suites on an as-needed basis. ¶ [0011] 2nd sentence: The scheduler prioritizes worker acceptance responses for the staffing request based upon: worker quality of service factors… and previous work histories at the healthcare facility, the quality-of-service factors and previous work histories. ¶ [0068] 4th sentence: The scheduler system repeats this cascading call for staffing until the staffing position is filled).
Braswell / Andrie / Borza as a combination does not explicitly recite “per diem pre-qualified staff members are assigned exclusively to their respective home sites as a default” as claimed.
Neveu however in analogous art teaches or at least suggests “per diem pre-qualified staff members are assigned exclusively to their respective home sites as a default” (Neveu ¶ [0014] 4th – 6th sentences]: Employee info module 118 is configured to keep track of company employees and their title, department, identification, and other information for access and/or use by human resources. Biometric enrollment module 116 may be configured to receive biometrics for various employees. These biometrics may be used with other components of time collection system 100, such as biometric module 162 in remote device 106 to verify that a particular employee is working at a particular job site [respective home site] and/or to only allow [exclusively] an employee to "clock in" at a job site where the employee is scheduled [assigned] to work).
Neveu is analogous art to intelligent scheduling and staffing operations at a business or medical center. It would have been obvious to one skilled in the art, before the effective filling date of the claimed invention, to have modified Braswell / Andrie / Borza’s “automated healthcare scheduler system and method,” (augmented by Borza’s teachings to include default home sites for preferential scheduling for individual employees) with Neveu’s time and attendance system to ensure employees clock in exclusively at their assigned work site. The benefit of integrating this feature would provide verification and accountability for individuals who claim time worked at specific work sites further mitigating risk of gaming the system (Neveu ¶ [0003], ¶ [0004] 3rd/4th sentences).
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Claims 8, 21 are rejected under 35 U.S.C. 103 as being unpatentable over:
Braswell / Andrie / Borza as applied to Claim 7 and Claim 20 above, in view of Neveu and in further view of
Nuñez. As per,
Claims 8, 21: Braswell / Andrie / Borza teaches all the limitations of Claims 7, 20 above. Further,
Braswell / Andrie does not specifically teach “The system of claim 7 (Claim 8) / The method of claim 20 (Claim 21), wherein full time and part time pre-qualified staff member are assigned exclusively to their respective home sites as a default, PTO dates for full time part time pre-qualified staff members are approved by the at least one manager, and wherein the at least one manager can assign the full time and part time prequalified staff members to centers outside their respective home sites when the full time and part time pre-qualified staff members are not scheduled for an open role.”
Borza in analogous art teaches or suggests “and wherein the at least one manager can assign the full time and part time prequalified staff members to centers outside their respective home sites when the full time and part time pre-qualified staff members are not scheduled for an open role” (Borza ¶ [0089] 3rd sentence: The third display screen 530 also denotes that "Location 1" is considered the home location for the employee and hence they will be preferentially scheduled to this location unless an issue [staff member not scheduled] requires the manager to schedule them to another location).
Rationales to modify/combine Braswell / Andrie / Borza are above and have been reincorporated.
* Further *
Neveu in analogous art teaches or at least suggests “The system of claim 7 (Claim 8) / The method of claim 20 (Claim 21), wherein full time and part time pre-qualified staff members are assigned exclusively to their respective home sites as a default” (Neveu ¶ [0014] 4th – 6th sentences]: Employee info module 118 is configured to keep track of company employees and their title, department, identification, and other information for access and/or use by human resources. Biometric enrollment module 116 may be configured to receive biometrics for various employees. These biometrics may be used with other components of time collection system 100, such as biometric module 162 in remote device 106 to verify that a particular employee is working at a particular job site [respective home site] and/or to only allow [exclusively] an employee to "clock in" at a job site where the employee is scheduled [assigned] to work),
Neveu is analogous art to intelligent scheduling and staffing operations at a business or medical center. It would have been obvious to one skilled in the art, before the effective filling date of the claimed invention, to have modified Braswell / Andrie / Borza’s teachings (augmented by Borza’s teachings to include default home sites for preferential scheduling for individual employees) with Neveu’s time and attendance system to ensure employees clock in exclusively at their assigned work site. The benefit of integrating this feature would provide verification and accountability for individuals who claim time worked at specific work sites further mitigating risk of gaming the system (Neveu ¶ [0003], ¶ [0004] 3rd/4th sentences).
* Finally *
Nuñez in analogous art of scheduling and staffing operations at a business or medical center teaches or suggests “PTO dates for full time and part time pre-qualified staff members are approved by the at least one manager” (Nuñez ¶ [0048] 5th sentence: At step 504, at least one staff member at the facility sends a vacation leave request. At step 506, the staffing coordinator approves the leave request. At step 508, the server updates a staffing schedule for the facility according to the approved leave).
It would have been obvious to one skilled in the art, before the effective filling date of the claimed invention, to have further modified Braswell / Andrie / Borza / Neveu’s system/method to have included Nuñez’s teachings to have provided a dashboard for a user to add open roles, view applicants to the open roles, and approve or reject the applicants. The added benefit of this feature would provide users further direct control in choosing candidates and further enable the medical facility to post and fill shift openings on short notice (Nuñez ¶ [0002], [0005]).
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Conclusion
The following art is made of record and considered pertinent to Applicant’s disclosure:
Bernasconi US 20050114195 A1: System and method for performing substitute fulfillment information complication and notification, teaches a method to match prequalified substitute education personnel with temporary positions and openings.
Cox et al. WO 2008070487 A1: Offering uptime adjustments to a work schedule, teaches a system to forecast work requirements and schedule employees based on skills.
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Narasimhan US 20050096962 A1: Methods and systems for assigning work shifts, teaches a bidding process for assigning work shifts to employees.
Omiya US 8055525 B2: Method of filling vacancies and server and program for performing the same, teaches a method of digitally assisting managers in matching vacant positions with available employees based on skills sets.
Palo et al. US 20180289434 A1: System and method for coordinating a surgical procedure, teaches specifics on scheduling procedures for surgeons.
Paul et al. US 20110055099 A1: Automated systems and methods for matching healthcare professionals with healthcare organizations on a temporary basis, teaches facilitation between healthcare organizations and locum tenens recruitment agencies to staff positions.
Podgurny et al. US 20110320231 A1: Method and system for enabling a user to bid on a work assignment, teaches a graphical user interface a user to bid on a job assignment, including factors such as qualifications, location, and availability.
Seally, Jonathan AU 2003202507 B2: Worker allocation, teaches a method of allocating locums to medical shifts and allowing employees to assume shifts.
Stannard US 4845625: Flight bidding system or the link especially for airline personnel, teaches job shift bidding focusing on preferences of the employee, particularly for airlines.
Wang et al. US 20140039906 A1: Optimized surgery scheduling, teaches scheduling operations with specifics on surgeons.
Zhu et al. "An Automated Staff Roster Planning System (SRPS) For Healthcare Industry," 2019 20th IEEE/ACIS International Conference on Software Engineering, Artificial Intelligence, Networking and Parallel/Distributed Computing (SNPD), Toyama, Japan, 2019, pp. 167-172, doi: 10.1109/SNPD.2019.8935696.
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THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REED MADISON BOND whose telephone number is (571)270-0585. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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/REED M. BOND/Examiner, Art Unit 4142
March 27, 2025
/PATRICIA H MUNSON/Supervisory Patent Examiner, Art Unit 3624
1 See Affinity Labs of Texas v. DirecTV, LLC, 838 F.3d 1253, 120 USPQ2d 1201 (Fed. Cir. 2016)
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