DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. EP2021/081005, filed on November 17, 2020.
Response to Amendment
In the amendment filed on November 21, 2025, the following has occurred: claim(s) 1, 13, 20 have been amended. Now, claim(s) 1, 3-13, 15-22 are pending.
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.
Claim(s) 1, 3-13, 15-22 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claims 1, 3-12: Step 2A Prong One
obtain data related to the medical imaging examinations during performance of the medical imaging examinations by a local medical imaging device operator;
analyze the data obtained to determine one or more performance metrics of the local medical imaging device operator, the one or more performance metrics indicating an ability of the local medical imaging device operator to perform one or more imaging tasks of the medical imaging examinations;
during a current imaging examination which the local medical imaging device operator is to perform, for the remote expert to provide assistance to the local medical imaging device operator, displaying a visualization of the determined one or more performance metrics of the local medical imaging device operator;
determine, based on the one or more performance metrics, that the local medical imaging device operator requires training for performing, the one or more imaging tasks;
responsive to the determination that the local medical imaging device operator requires training, search for examples of the one or more imaging task; and
select, for training of the local medical imaging device operator, one or more of the examples of the one or more imaging tasks from the training database, wherein the one or more of the examples are selected based on one or more of the following criteria: image quality, patient feedback or exam duration
These limitations, as drafted, given the broadest reasonable interpretation, but for the recitation of generic computer components, encompass managing interactions between people (including following rules or instructions), which is a subgrouping of Certain Methods of Organizing Human Activity. For example, but for the “the at least one processor”, “screen-scrape display of a medical imaging device controller of a medical imaging device”, “via operation of the medical imaging device” language, the “obtain” function in the context of this claim encompasses a user following instructions to obtain data related to the medical imaging examinations during performance of the medical imaging examinations by a local medical imaging device operator. Similarly, but for the “the at least one processor”, “via operation of the medical imaging device” language, the “analyze” function in the context of this claim encompasses a user following instructions to determine one or more performance metrics of the local medical imaging device operator. Similarly, but for the “the at least one processor”, “via operation of the medical imaging device” “a remote assistance user interface (UI) to at least one display device operable by a remote expert, the UI providing two-way communication between” language, the “displaying” function in the context of this claim encompasses a user following instructions to show a visualization of the determined one or more performance metrics of the local medical imaging device operator to a remote expert. Similarly, but for the “the at least one processor”, “via operation of the medical imaging device” language, the “determine” function in the context of this claim encompasses a user following instructions to determine that the local medical imaging device operator requires training for the one or more imaging tasks. Similarly, but for the “the at least one processor”, “training database”, “via operation of the medical imaging device” language, the “search” function in the context of this claim encompasses a user following instructions to search for examples of the one or more imaging tasks after determining that the local medical imaging device operator requires training. Finally, but for the “the at least one processor” and “training database” language, the “select” function in the context of this claim encompasses a user following instructions to select one or more of the examples of the one or more imaging tasks. These steps could be accomplished by a person managing medical information to be shown to another person by following rules or instructions, and therefore encompass Certain Methods of Organizing Human Activity.
Claims 3-12 incorporate the abstract idea identified above and recite additional limitations that expand on the abstract idea. For example, claims 3-9 include the abstract idea identified above and further describe the data displayed and one or more performance metrics. Similarly, claim 10 includes the abstract idea identified above and further describes the visualization. Similarly, claim 11 includes the abstract idea and describes recording images and audio or textual conversations to obtain the data from the recorded images and recorded conversations. Finally, claim 12 includes the abstract idea and describes storing obtained data in a training database. Such steps encompass Certain Methods of Organizing Human Activity.
Claims 1, 3-12: Step 2A Prong Two
This judicial exception is not integrated into a practical application because the remaining
elements amount to no more than general purpose computer components programmed to perform
the abstract idea, generally linking the abstract idea to a particular technical environment, and adding insignificant extra-solution activity.
Claims 1, 3-12, directly or indirectly, recite the following generic computer components, “…at least one processor…”, “…a display device of a medical imaging device controller…”, “…a remote assistance user interface (UI)…”, “…at least one display device operable by a remote expert …”, “…the UI providing two-way communication between the local medical imaging device operator and the remote expert…”, “…, via operation of the medical imaging device,…”, “…from the medical imaging device controller of the medical imaging device…”, “…, via the operation of the medical imaging device,…”, “…for operation of the medical imaging device,…”, “…via operation of the medical imaging device,…”, “…via operation of the medical imaging device,…”, “…a training database…”, configured to implement the abstract idea: “For example, the natural language communication link 19 may be a Voice-Over-Internet-Protocol (VOIP) telephonic connection, a videoconferencing service, an online video chat link, a computerized instant messaging service, or so forth. Alternatively, the natural language communication pathway 19 may be provided by a dedicated communication link that is separate from the communication link 14 providing the data communications 17, 18, e.g. the natural language communication pathway 19 may be provided via a landline telephone. In another example, the natural language communication pathway 19 may be provided via an ROCC device 8, such as a mobile device (e.g., a tablet computer or a smartphone). For example, an "app" can run on the ROCC device 8 (operable by the local operator LO) and the remote workstation 12 (operable by the remote expert RE) to allow communication (e.g., audio chats, video chats, and so forth) between the local operator and the remote expert. FIGURE 1 also shows, in the remote service center 4 including the remote workstation 12, such as an electronic processing device, a workstation computer, or more generally a computer, which is operatively connected to receive and present the video 17 of the medical imaging device bay 3 from the camera 16 and to present the screen mirroring data stream 18 as a mirrored screen.” (See Specification in Paragraphs [0027]-[0028]) As set forth in the MPEP 2106.04(d) “merely including instructions to implement an abstract idea on a computer” is an example of when an abstract idea has not been integrated into a practical application.
Additionally, the claims recite “screen-scrape a display device of a medical imaging device controller to…” and “…performed via operation of the medical imaging device or another medical imaging device” at a high degree of generality, amount no more than generally linking the abstract idea to a particular technical environment. The recitations are also similar to adding the words “apply it” to the abstract idea. As set forth in MPEP 2106.05(f), merely reciting the words “apply it” or an equivalent, is an example of when an abstract idea has not been integrated into a practical application.
Additionally, the claims recite “screen-scrape a display device of a medical imaging device controller to…” amounts to insignificant extra-solution data gathering activity (Mayo, 566 U.S. at 79, 101 USPQ2d at 1968. See also PerkinElmer, Inc. v. Intema Ltd., 496 Fed. App'x 65, 73, 105 USPQ2d 1960, 1966 (Fed. Cir. 2012)).
Claims 1, 3-12: Step 2B
The claim(s) does/do not include additional elements that are sufficient to amount to
significantly more than the judicial exception because as discussed above with respect to
integration into a practical application, the additional elements are recited at a high level of
generality, and the written description indicates that these elements are generic computer
components. Using generic computer components to perform abstract ideas does not provide a
necessary inventive concept. See Alice, 573 U.S. at 223 ("mere recitation of a generic computer
cannot transform a patent-ineligible abstract idea into a patent-eligible invention.")
Additionally, generally linking the abstract idea to a particular technological environment does not amount to significantly more than the abstract idea (See MPEP 2016.05(h) and Affinity Labs of Texas v. DirectTV, LLC, 838 F.3d 1253, 120 USP12d 1201 (Fed. Cir. 2016)).
Insignificant, extra solution, data gathering activity has been found to not amount to significantly more than an abstract idea (See MPEP 2106.05(g)). Therefore, whether considered alone or in combination, the additional elements do not amount to significantly more than the abstract idea.
Claims 20-22 recite the same functions as claims 1, 4-9, but in a method form. Additionally, claims 20-22 do not recite the additional element of “when executed by at least one processor, cause the at least one processor to:”
Therefore, whether considered alone or in combination, the additional elements do not
amount to significantly more than the abstract idea. The claim is not patent eligible.
Claims 13, 15-19: Step 2A Prong One
Claim 13 recite(s)
receive images of a medical imaging examination performed by a local operator and receive audio or textual conversations between the local operator and a remote medical expert during the medical imaging examination;
obtain data related to the medical imaging examination during performance of the medical imaging examination;
analyze the data obtained from, the images, and the audio or textual conversations to determine one or more performance metrics of the local operator, the one or more performance metrics indicating an ability of the local operator to perform one or more imaging tasks of the medical imaging examination;
during a current imaging examination which the local operator, for the remote expert to provide assistance to the local operator, displaying a visualization of the determined one or more performance metrics of the local operator;
determine, based on the one or more performance metrics, that the local operator requires training for performing the one or more imaging tasks;
search for examples of the one or more imaging tasks, wherein the training database includes recorded images of previously performed medical imaging examinations; and
select, for training of the local operator, one or more of the examples of the one or more imaging tasks from the training database, wherein the one or more of the examples are selected based on one or more of the following criteria: image quality, patient feedback or exam duration
These limitations, as drafted, given the broadest reasonable interpretation, but for the recitation of generic computer components, encompass managing interactions between people (including following rules or instructions), which is a subgrouping of Certain Methods of Organizing Human Activity. For example, “at least one processor; and a non-transitory storage medium comprising instructions which, when executed by the at least one processor, cause the at least one processor to:”, “via operation of the medical imaging device” language, the “receive” function in the context of this claim encompasses a user following instructions to receive images of a medical imaging examination performed by a local operator and receive audio or textual conversations between the local operator and a remote medical expert during the medical imaging examination. Similarly, but for the “at least one processor; and a non-transitory storage medium comprising instructions which, when executed by the at least one processor, cause the at least one processor to:”, “via operation of the medical imaging device”, “screen-scrape display of a medical imaging device controller of a medical imaging device” language, the “obtain” function in the context of this claim encompasses a user following instructions to obtain data related to the medical imaging examinations during performance of the medical imaging examinations. Similarly, but for the “at least one processor; and a non-transitory storage medium comprising instructions which, when executed by the at least one processor, cause the at least one processor to:”, “via the operation of the medical imaging device” language, the “analyze” function in the context of this claim encompasses a user following instructions to determine one or more performance metrics of the local operator. Similarly, but for the “at least one processor; and a non-transitory storage medium comprising instructions which, when executed by the at least one processor, cause the at least one processor to:”, “operation of the medical imaging device”, “a remote assistance user interface (UI) to at least one display device operable by a remote expert, the UI providing two-way communication between” language, the “displaying” function in the context of this claim encompasses a user following instructions to show a visualization of the determined one or more performance metrics of the local operator to a remote expert. Similarly, but for the “at least one processor; and a non-transitory storage medium comprising instructions which, when executed by the at least one processor, cause the at least one processor to:”, “via operation of the medical imaging device” language, the “determine” function in the context of this claim encompasses a user following instructions to determine that the local requires training for the one or more imaging tasks. Similarly, but for the “at least one processor; and a non-transitory storage medium comprising instructions which, when executed by the at least one processor, cause the at least one processor to:”, “performed via operation of the medical imaging device or another medical imaging device”, “training database” language, the “search” function in the context of this claim encompasses a user following instructions to search for examples of the one or more imaging tasks in response to the determination that the local operator requires training. Finally, but for the “at least one processor; and a non-transitory storage medium comprising instructions which, when executed by the at least one processor, cause the at least one processor to:”, “the training database” language, the “select” function in the context of this claim encompasses a user following instructions to select one or more of the examples of the one or more imaging tasks. These steps could be accomplished by a person managing medical information to be shown to another person by following rules or instructions, and therefore encompass Certain Methods of Organizing Human Activity.
Claims 15-19 incorporate the abstract idea identified above and recite additional limitations that expand on the abstract idea. For example, claim 19 includes the abstract idea identified above and further describes the obtaining data. Similarly, claims 15-17 include the abstract idea identified above and further describe the data displayed and one or more performance metrics. Finally, claim 18 includes the abstract idea identified above and further describes the visualization. Such steps encompass Certain Methods of Organizing Human Activity.
Claims 13, 15-19: Step 2A Prong Two
This judicial exception is not integrated into a practical application because the remaining elements amount to no more than general purpose computer components programmed to perform the abstract idea, generally linking the abstract idea to a particular technical environment, and adding insignificant extra-solution activity.
Claims 13, 15-19, directly or indirectly recite the following generic computer components, “…at least one processor; and…”, “…a non-transitory storage medium comprising instructions which, when executed by the at least one processor, cause the at least one processor to:…”, “…via operation of the medical imaging device,…”, “the medical imaging device control of the medical imaging device”, “…medical imaging device…”, “…a remote assistance user interface (UI)…”, “…at least one display device operable by a remote expert (RE)…”, “…the UI providing two-way communication between the local medical imaging device operator and the remote expert…”, and “…a medical imaging device controller…” in claim 14, and “…an imaging device controller…” in claim 19 configured to implement the abstract idea: “For example, the natural language communication link 19 may be a Voice-Over-Internet-Protocol (VOIP) telephonic connection, a videoconferencing service, an online video chat link, a computerized instant messaging service, or so forth. Alternatively, the natural language communication pathway 19 may be provided by a dedicated communication link that is separate from the communication link 14 providing the data communications 17, 18, e.g. the natural language communication pathway 19 may be provided via a landline telephone. In another example, the natural language communication pathway 19 may be provided via an ROCC device 8, such as a mobile device (e.g., a tablet computer or a smartphone). For example, an "app" can run on the ROCC device 8 (operable by the local operator LO) and the remote workstation 12 (operable by the remote expert RE) to allow communication (e.g., audio chats, video chats, and so forth) between the local operator and the remote expert. FIGURE 1 also shows, in the remote service center 4 including the remote workstation 12, such as an electronic processing device, a workstation computer, or more generally a computer, which is operatively connected to receive and present the video 17 of the medical imaging device bay 3 from the camera 16 and to present the screen mirroring data stream 18 as a mirrored screen.” (See Specification in Paragraphs [0027]-[0028]) As set forth in the MPEP 2106.04(d) “merely including instructions to implement an abstract idea on a computer” is an example of when an abstract idea has not been integrated into a practical application.
Additionally, the claims recite “screen-scrape a display device of a medical imaging device controller of the medical imaging device to…”, “…performed via operation of the medical imaging device or another medical imaging device” at a high degree of generality, amount no more than generally linking the abstract idea to a particular technical environment. The recitations are also similar to adding the words “apply it” to the abstract idea. As set forth in MPEP 2106.05(f), merely reciting the words “apply it” or an equivalent, is an example of when an abstract idea has not been integrated into a practical application.
Additionally, the claims recite “screen-scrape a display device of a medical imaging device controller to…” amounts to insignificant extra-solution data gathering activity (Mayo, 566 U.S. at 79, 101 USPQ2d at 1968. See also PerkinElmer, Inc. v. Intema Ltd., 496 Fed. App'x 65, 73, 105 USPQ2d 1960, 1966 (Fed. Cir. 2012))
Claims 13, 15-19: Step 2B
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because as discussed above with respect to integration into a practical application, the additional elements are recited at a high level of generality, and the written description indicates that these elements are generic computer components. Using generic computer components to perform abstract ideas does not provide a necessary inventive concept. See Alice, 573 U.S. at 223 ("mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention.")
Additionally, generally linking the abstract idea to a particular technological environment does not amount to significantly more than the abstract idea (See MPEP 2016.05(h) and Affinity Labs of Texas v. DirectTV, LLC, 838 F.3d 1253, 120 USP12d 1201 (Fed. Cir. 2016)).
Insignificant, extra solution, data gathering activity has been found to not amount to significantly more than an abstract idea (See MPEP 2106.05(g)). Therefore, whether considered alone or in combination, the additional elements do not amount to significantly more than the abstract idea.
Therefore, whether considered alone or in combination, the additional elements do not
amount to significantly more than the abstract idea. The claim is not patent eligible.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-13, 15-22 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being unpatentable over Reiner (U.S. Patent Pre-Grant Publication No. 2014/0072192).
As per independent claim 1, Reiner discloses a non-transitory computer readable medium having stored instructions which, when executed by at least one processor, cause the at least one processor to:
screen-scrape a display of a medical imaging device controller (See Paragraphs [0073]-[0075]: The automated method of image quality assessment performs image quality analysis by automatically recording detect image quality deficiencies, overall image quality ratings, and the corresponding images of interest in the database, which the Examiner is interpreting the automated method of image quality assessment to encompass screen-scraping data) of a medical imaging device (See Paragraph [0042]: The system is designed to interface with a radiographic device, which the Examiner is interpreting a radiographic device to encompass a medical imaging device) to obtain data related to medical imaging examinations during performance, via operation of the medical imaging device (See Paragraph [0081]: The program provides a mechanism for real-time consultation along with the ability to record and capture all data in the communication pathway in a standardized format), of the medical imaging examinations by a local medical imaging device operator (See Paragraphs [0072]-[0073], [0076]-[0081]: The resulting "image quality" data can be recorded by the program in the database, and viewed on the display alone (i.e., image quality report), or combined with the "radiology report" data, which the Examiner is interpreting "image quality" data to encompass data related to the imaging examinations as the quality data associated with that specific exam will be automatically flagged by the program 110, and subsequent data will be transmitted by the program 110 to the technologist for future review ([0078]) and the real-time ability ([0081]) to encompass during performance of the imaging examinations);
analyze the data obtained from the medical imaging device controller of the medical imaging device to determine one or more performance metrics of the local medical imaging device operator (See Paragraphs [0073]-[0075]: The automated method of image quality assessment performs image quality analysis by automatically recording detect image quality deficiencies, overall image quality ratings, and the corresponding images of interest in the database, which the Examiner is interpreting image quality deficiencies, overall image quality ratings to encompass determine one or more performance metrics), the one or more performance metrics indicating an ability of the local medical imaging device operator to perform, via operation of the medical imaging device, one or more imaging tasks of the medical imaging examinations (See Paragraphs [0109]-[0112]: The derived analytics can be created through manual or automated data queries, these quality analytics can be created in response to a specific event or concern (e.g., adverse, clinical outcome) or as a routine and periodic component of a continuous quality improvement program ([0110]), which the Examiner is interpreting quality analytics to encompass an ability of the local medical imaging device operator to perform, via operation of the medical imaging device, one or more imaging tasks of the medical imaging examination as technologists’ data can be analyzed to identify quality ratings (Paragraph [0092]: As a result of these factors, it is determined that operator and technology selections are critical in maximizing quality for the requested exam));
during a current imaging examination which the local medical imaging device operator is to perform via operation of the medical imaging device (See Paragraphs [0079]-[0081]: At the time of image capture and annotation, the technologist can determine the desired function of the action to be taken, the program would also provide the end-user (e.g., technologist, radiologist, administrator) with a number of other options including (but not limited to) Consultation, Database Query, Education/Teaching File, Research, Technology Assessment, and Clinical Outcomes Tracking, which the Examiner is interpreting to encompass during a current imaging examination which the local medical imaging device operator is to perform via operation of the medical imaging device), provide a remote assistance user interface (UI) to at least one display device operable by a remote expert, the UI providing two-way communication between the local medical imaging device operator and the remote expert for the remote expert to provide assistance to the local medical imaging device operator for operation of the medical imaging device (See Paragraphs [0079]-[0082]: The technologist wishes to invoke the Consultation feature and requests a real-time consultation of the radiologist assigned to CT interpretation on that given day, the program provides a mechanism for real-time consultation along with the ability to record and capture all data in the communication pathway in a standardized format, which the Examiner is interpreting the communication pathway to encompass two-way communication, and a mechanism for real-time consultation to encompass provide a remote assistance user interface (UI) to at least one display device operable by a remote expert), the UI further displaying a visualization of the determined one or more performance metrics of the local medical imaging device operator (See Paragraphs [0062]-[0064] [0079]-[0082]: The radiologist opens up the online QA folder (which contains the pertinent images, region of interest, standardized annotation data, and action requested), upon reviewing the annotated images and supporting data (all of which is recorded in a standardized format), the radiologist responds to the consultation request by inputting the corresponding data directly onto the images of record using input means, which the Examiner is interpreting the inputting the corresponding data directly onto the images of record using input means to encompass the UI further displaying a visualization of the determined one or more performance metrics of the local medical imaging device operator);
determine, based on the one or more performance metrics, that the local medical imaging device operator requires training for performing, via operation of the medical imaging device, the one or more imaging tasks (See Paragraphs [0085]-[0086], [0107], [0178]: The imaging dataset submitted for interpretation may be deficient in terms of quality, and require further action as determined by the interpreting radiologist, and integrating image quality assessment data directly into the images, the opportunity for education/training, consultation, and intervention is accentuated in a timely fashion, which the Examiner is interpreting further action to encompass training for performing, via operation of the medical imaging device, the one or more imaging tasks);
responsive to the determination that the local medical imaging device operator requires training, search a training database for examples of the one or more imaging tasks (See Paragraphs [0056], [0085]: The databases may be computer searchable databases, and the imaging dataset submitted for interpretation may be deficient in terms of quality, and require further action as determined by the interpreting radiologist), wherein the training database includes recorded images of previously performed medical imaging examinations performed via operation of the medical imaging device or another medical imaging device (See Paragraphs [0086], [0092]-[0094]: The image quality database can be used as a real-time decision support tool for protocol optimization, and the image quality data associated with historical imaging exams (of a particular exam type, anatomic region, clinical indication, and patient) can be used by the program to prospectively optimize image acquisition parameters for the purpose of improving quality and safety, which the Examiner is interpreting the historical imaging exams to encompass recorded images of previously performed medical imaging examinations, and interpreting the CT scanner to encompass performed via operation of the medical imaging device or another medical imaging device); and
select, for training of the local medical imaging device operator, one or more of the examples of the one or more imaging tasks from the training database (See Paragraphs [0110]-[0111], [0177]-[0178], [0198]: The program allows for education and training of users, wherein if target or continued education dates for remedial action are not met, and ability to create computer-based educational and training tools from the referenceable image quality database, to facilitate continuous quality improvement initiatives, educational in-services, and remedial training, which the Examiner is interpreting create computer-based educational and training tools from the referenceable image quality database to encompass select, for training of the local medical imaging device operator, one or more of the examples of the one or more imaging tasks from the training database), wherein the one or more of the examples are selected based on one or more of the following criteria: image quality, patient feedback, or exam duration (See Paragraphs [0096]-[0097], [0107]-[0111]: By the program integrating image quality assessment data directly into the images, the opportunity for education/training, consultation, and intervention is accentuated in a timely fashion; obviating the need to access and review voluminous imaging datasets, and eliminating the potential to misappropriate image quality report data with the corresponding images, which the Examiner is interpreting the integrated image quality assessment data in the images to encompass image quality, interpreting the current QA model of provider pre-selected (and optimal) images would be supplanted by a model utilizing randomized imaging data selection which encompasses the full spectrum of patient profiles, technologies used, clinical data, exam types, and technical parameters to encompass on the one or more of the examples are selected based on one or more of the following criteria to encompass patient feedback, or exam duration a model utilizing randomized imaging data selection which encompasses the full spectrum of patient profiles, technologies used, clinical data, exam types, and technical parameters identifies patient profiles, and exam types which could encompass patient feedback, or exam duration.)
Claim(s) 20 mirror(s) claim 1 only within (a) different statutory category/categories, and is/are rejected for the same reason as claim 1.
As per claim 3, Reiner discloses the non-transitory computer-readable medium of claim 1 as described above. Reiner further teaches wherein the obtained data includes an identification of the local medical imaging device operator (See Paragraphs [0075], [0083]: The presentation mode of this data can be customized by the program in accordance with each individual end-user's preferences and tied to their authentication/identification signature, which the Examiner is interpreting tied to their authentication/identification signature to encompass an identification of the local medical imaging device operator), a modality of the medical imaging device (See Paragraph [0109]: A number of database analytics can be derived from the image quality database, including: 1. Stakeholder (technologist, radiologist, clinician) 2. Technology (model, age, upgrades) 3. Exam type (modality, anatomy) 4. Technical parameters (acquisition parameters, contrast administration) 5. Clinical data (clinical indication, medical/surgical history) 6. Imaging data (follow-up recommendations, report findings) 7. Patient profile (patient size, mobility, compliance) 8. Safety and economics (radiation dose, exam cost, iatrogenic complications), which the Examiner is interpreting Exam type (modality) to encompass a modality of the imaging device), an identification of the medical imaging device (See Paragraph [0109]: 1. Stakeholder (technologist, radiologist, clinician) 2. Technology (model, age, upgrades) 3. Exam type (modality, anatomy) 4. Technical parameters (acquisition parameters, contrast administration) 5. Clinical data (clinical indication, medical/surgical history) 6. Imaging data (follow-up recommendations, report findings) 7. Patient profile (patient size, mobility, compliance) 8. Safety and economics (radiation dose, exam cost, iatrogenic complications), which the Examiner is interpreting Technology to encompass an identification of the medical imaging device), an assigned current procedural terminology code (See Paragraphs [0108]-[0109]: 1. Stakeholder (technologist, radiologist, clinician) 2. Technology (model, age, upgrades) 3. Exam type (modality, anatomy) 4. Technical parameters (acquisition parameters, contrast administration) 5. Clinical data (clinical indication, medical/surgical history) 6. Imaging data (follow-up recommendations, report findings) 7. Patient profile (patient size, mobility, compliance) 8. Safety and economics (radiation dose, exam cost, iatrogenic complications), which the Examiner is interpreting Exam type to encompass an assigned current procedural terminology code), an identification of whether assistance from the remote expert was used (See Paragraph [0082]: The annotated image would now contain annotation data from the technologist (which initiated the consultation) and that of the radiologist (which provided an answer to the consultation along with recommendation as to how to proceed), which the Examiner is interpreting the annotation data of the radiologist to encompass an identification of whether assistance from a remote expert was used), and patient data (See Paragraph [0109]: Stakeholder (technologist, radiologist, clinician) 2. Technology (model, age, upgrades) 3. Exam type (modality, anatomy) 4. Technical parameters (acquisition parameters, contrast administration) 5. Clinical data (clinical indication, medical/surgical history) 6. Imaging data (follow-up recommendations, report findings) 7. Patient profile (patient size, mobility, compliance) 8. Safety and economics (radiation dose, exam cost, iatrogenic complications), which the Examiner is interpreting Patient profile to encompass patient data.)
Claim(s) 15 mirror(s) claim 3 only within (a) different statutory category/categories, and is/are rejected for the same reason as claim 3.
As per claim 4, Reiner discloses the non-transitory computer-readable medium of claims 1 and 3 as described above. Reiner further teaches wherein analyzing the obtained data to determine the one or more performance metrics of the local medical imaging device operator includes: statistically assessing the obtained data for the imaging examinations the local medical imaging device operator has performed (See Paragraphs [0089], [0101]: CT technologists can be identified based on their quality scores and experience, which the Examiner is interpreting the quality scores to encompass statistically assessing the obtained data.)
As per claim 5, Reiner discloses the non-transitory computer-readable medium of claims 1 and 3 as described above. Reiner further teaches wherein analyzing the obtained data to determine one or more performance metrics of the local medical imaging device operator includes: statistically assessing the obtained data based on durations of the imaging examinations the local medical imaging device operator has performed (See Paragraph [0089], [0101]: CT technologists can be identified based on their quality scores and experience, which the Examiner is interpreting the experience of the CT technologist to encompass durations of the imaging examinations the local medical imaging device operator has performed.)
As per claim 6, Reiner discloses the non-transitory computer-readable medium of claims 1 and 3 as described above. Reiner further teaches wherein analyzing the obtained data to determine one or more performance metrics of the local medical imaging device operator includes: statistically assessing the obtained data based on an extent which the local medical imaging device operator accessed the remote assistance UI for assistance to perform the imaging examinations (See Paragraphs [0138]-[0142]: All communications are recorded by the program including consultation request, consultation acknowledgement, consultation denial, and the consultation file, which the Examiner is interpreting all communications are recorded to encompass an extent which the local medical imaging device operator accessed the remote assistance UI for assistance to perform the imaging examinations.)
Claim(s) 16 mirror(s) claims 5-6 only within (a) different statutory category/categories, and is/are rejected for the same reasons as claims 5-6.
Claim(s) 21 mirror(s) claims 4-6 only within (a) different statutory category/categories, and is/are rejected for the same reasons as claims 4-6.
As per claim 7, Reiner discloses the non-transitory computer-readable medium of claim 1 as described above. Reiner further teaches wherein analyzing the obtained data to determine one or more performance metrics of the local medical imaging device operator includes: determining a performance metric for determining advancement of the local medical imaging device operator (See Paragraph [0085]: The corresponding data would also be recorded in a stakeholder-specific QA database by the program, which provides data related to quality metrics, education/training, and follow-up actions specific to each individual stakeholder, which the Examiner is interpreting quality metrics to encompass a performance metric and education/training to encompass determining advancement.)
As per claim 8, Reiner discloses the non-transitory computer-readable medium of claim 1 as described above. Reiner further teaches wherein analyzing the obtained data to determine one or more performance metrics of the local medical imaging device operator includes: determining a performance metric for determining optimal imaging tasks to assign to the local medical imaging device operator (See Paragraphs [0088]-[0090]: The human or computerized scheduler would match the specific exam type, date, and patient quality assessment score to the optimal technology and operator, this provides a proactive and quantitative tool for optimizing the interaction effects which exist between quality, patient, operator, and technology, which the Examiner is interpreting the optimal technology and operator to encompass determining optimal imaging tasks to assign to the local medical imaging device operator.)
As per claim 9, Reiner discloses the non-transitory computer-readable medium of claim 1 as described above. Reiner further teaches wherein analyzing the obtained data to determine one or more performance metrics of the local medical imaging device operator includes: determining a performance metric for identifying imaging examinations needed for accreditation for the local medical imaging device operator (See Paragraphs [0085], [0106]: The corresponding data would also be recorded in a stakeholder-specific QA database by the program, which provides data related to quality metrics, education/training, and follow-up actions specific to each individual stakeholder, which the Examiner is interpreting education/training to encompass identifying imaging examinations needed for accreditation for the local medical imaging device operator (Paragraph [0106]).)
Claim(s) 17 and 22 mirror(s) claims 7-9 only within (a) different statutory category/categories, and is/are rejected for the same reasons as claims 7-9.
As per claim 10, Reiner discloses the non-transitory computer-readable medium of claim 1 as described above. Reiner further teaches wherein the visualization of the determined one or more performance metrics is representative of a profile summarizing performance of the local medical imaging device operator in performing the imaging examinations (See Paragraphs [0086], [0092]: The corresponding data would also be recorded in a stakeholder-specific QA database by the program, which provides data related to quality metrics, education/training, and follow-up actions specific to each individual stakeholder, and similar QA database profiles and analyses are also created for individual technologies, thereby providing an objective measure for comparative technology assessment as it relates to quality measures, which the Examiner is interpreting QA database profiles to encompass a profile summarizing performance of the local medical imaging device operator in performing the imaging examinations ([0092]).)
Claim(s) 18 mirror(s) claim 10 only within (a) different statutory category/categories, and is/are rejected for the same reason as claim 10.
As per claim 11, Reiner discloses the non-transitory computer-readable medium of claim 1 as described above. Reiner further teaches wherein the instructions, when executed by the at least one processor, further cause the at least one processor to:
record images of the current imaging examination during the performance of the current imaging examination by the local medical imaging device operator (See Paragraphs [0078], [0099], [0193]: The technologist performing the image acquisition may elect to input their own image quality assessment, which in turn may or may not be used by the radiologist in his/her own image quality assessment, which the Examiner is interpreting image acquisition to encompass record images of an imaging examination, and interpreting ability to perform anonymized real-time prospective image quality assessment to encompass during the performance); record audio or textual conversations between the local medical imaging device operator and a remote expert during the imaging examination (See Paragraphs [0081], [0114]: The program provides a mechanism for real-time consultation along with the ability to record and capture all data in the communication pathway in a standardized format); and obtain data from the recorded images and recorded conversations as training data for medical imaging device training (See Paragraphs [0081]-[0082], [0198]: The captured QA images can be recorded on an individual basis or collectively, in the database, in which both sets of annotation data (technologist and radiologist mark-ups) can be simultaneously displayed on the display, and time stamped.)
As per claim 12, Reiner discloses the non-transitory computer-readable medium of claims 1 and 11 as described above. Reiner further teaches wherein instructions, when executed by the at least one processor, further cause the at least one processor to: store the training data in the training database (See Paragraph [0083]: All data recorded by the program in the QA continuum would be recorded in the QA database, with identification of the author, location, and time of the event, which the Examiner is interpreting QA database to encompass the training database), wherein the training database includes recorded images of medical imaging examinations performed by a plurality of medical imaging device operators (See Paragraphs [0093]-[0094]: The image quality database can be used as a real-time decision support tool for protocol optimization, and the image quality data associated with historical imaging exams (of a particular exam type, anatomic region, clinical indication, and patient) can be used by the program to prospectively optimize image acquisition parameters for the purpose of improving quality and safety, which the Examiner is interpreting the historical imaging exams to encompass recorded images of medical imaging examinations performed by a plurality of medical imaging device operators.)
As per independent claim 13, Reiner discloses an apparatus for use in conjunction with a medical imaging device, the apparatus comprising:
at least one processor (See Paragraph [0058]: According to one embodiment of the invention, if the server 120 is provided in a centralized environment, the server 120 may include a processor 121 having a CPU 122 or parallel processor, which may be a server data processing device and an I/O interface 123); and
a non-transitory storage medium comprising instructions which, when executed by the at least one processor (See Paragraph [0058]: According to one embodiment of the invention, if the server 120 is provided in a centralized environment, the server 120 may include a processor 121 having a CPU 122 or parallel processor, which may be a server data processing device and an I/O interface 123), cause the at least one processor to:
receive images of a medical imaging examination performed, via operation of the medical imaging device (See Paragraph [0081]: The program provides a mechanism for real-time consultation along with the ability to record and capture all data in the communication pathway in a standardized format), by a local operator (See Paragraphs [0078], [0099]: The technologist performing the image acquisition may elect to input their own image quality assessment, which in turn may or may not be used by the radiologist in his/her own image quality assessment, which the Examiner is interpreting image acquisition to encompass receive images of a medical imaging examination) and receive audio or textual conversations between the local operator and a remote medical expert during the medical imaging examination (See Paragraph [0081], [0114]: The program provides a mechanism for real-time consultation along with the ability to record and capture all data in the communication pathway in a standardized format);
screen-scrape a display of a medical imaging device controller (See Paragraphs [0073]-[0075]: The automated method of image quality assessment performs image quality analysis by automatically recording detect image quality deficiencies, overall image quality ratings, and the corresponding images of interest in the database, which the Examiner is interpreting the automated method of image quality assessment to encompass screen-scraping data) of the medical imaging device (See Paragraph [0042]: The system is designed to interface with a radiographic device, which the Examiner is interpreting a radiographic device to encompass a medical imaging device) to obtain data related to the medical imaging examination during performance, via operation of the medical imaging device (See Paragraph [0081]: The program provides a mechanism for real-time consultation along with the ability to record and capture all data in the communication pathway in a standardized format), of the medical imaging examination (See Paragraphs [0072]-[0073], [0076]-[0081]: The resulting "image quality" data can be recorded by the program in the database, and viewed on the display alone (i.e., image quality report), or combined with the "radiology report" data, which the Examiner is interpreting "image quality" data to encompass data related to the imaging examinations as the quality data associated with that specific exam will be automatically flagged by the program 110, and subsequent data will be transmitted by the program 110 to the technologist for future review ([0078]) and the real-time ability ([0081]) to encompass during performance of the imaging examinations);
analyze the data obtained from the medical imaging device controller of the medical imaging device, the images, and the audio or textual conversations to determine one or more performance metrics of the local operator (See Paragraphs [0073]-[0075]: The automated method of image quality assessment performs image quality analysis by automatically recording detect image quality deficiencies, overall image quality ratings, and the corresponding images of interest in the database, which the Examiner is interpreting image quality deficiencies, overall image quality ratings to encompass determine one or more performance metrics), the one or more performance metrics indicating an ability of the local operator to perform, via operation of the medical imaging device, one or more imaging tasks of the medical imaging examination (See Paragraphs [0109]-[0112]: The derived analytics can be created through manual or automated data queries, these quality analytics can be created in response to a specific event or concern (e.g., adverse, clinical outcome) or as a routine and periodic component of a continuous quality improvement program ([0110]), which the Examiner is interpreting quality analytics to encompass an ability of the local operator to perform one or more imaging tasks of the medical imaging examination as technologists’ data can be analyzed to identify quality ratings (Paragraph [0092]: As a result of these factors, it is determined that operator and technology selections are critical in maximizing quality for the requested exam));
during a current imaging examination which the local operator is to perform via operation of the medical imaging device (See Paragraphs [0079]-[0081]: At the time of image capture and annotation, the technologist can determine the desired function of the action to be taken, the program would also provide the end-user (e.g., technologist, radiologist, administrator) with a number of other options including (but not limited to) Consultation, Database Query, Education/Teaching File, Research, Technology Assessment, and Clinical Outcomes Tracking, which the Examiner is interpreting to encompass during a current imaging examination which the local medical imaging device operator is to perform via operation of the medical imaging device), provide a remote assistance user interface (UI) to at least one display device operable by a remote expert, the UI providing two-way communication between the local operator and the remote expert for the remote expert to provide assistance to the local operator for operation of the medical imaging device (See Paragraphs [0079]-[0082]: The technologist wishes to invoke the Consultation feature and requests a real-time consultation of the radiologist assigned to CT interpretation on that given day, the program provides a mechanism for real-time consultation along with the ability to record and capture all data in the communication pathway in a standardized format, which the Examiner is interpreting the communication pathway to encompass two-way communication, and a mechanism for real-time consultation to encompass provide a remote assistance user interface (UI) to at least one display device operable by a remote expert), the UI further displaying a visualization of the determined one or more performance metrics of the local operator (See Paragraphs [0062]-[0064] [0079]-[0082]: The radiologist opens up the online QA folder (which contains the pertinent images, region of interest, standardized annotation data, and action requested), upon reviewing the annotated images and supporting data (all of which is recorded in a standardized format), the radiologist responds to the consultation request by inputting the corresponding data directly onto the images of record using input means, which the Examiner is interpreting the inputting the corresponding data directly onto the images of record using input means to encompass the UI further displaying a visualization of the determined one or more performance metrics of the local medical imaging device operator);
determine, based on the one or more performance metrics, that the local operator requires training for performing, via operation of the medical imaging device, the one or more imaging tasks (See Paragraphs [0085]-[0086], [0107], [0178]: The imaging dataset submitted for interpretation may be deficient in terms of quality, and require further action as determined by the interpreting radiologist, and integrating image quality assessment data directly into the images, the opportunity for education/training, consultation, and intervention is accentuated in a timely fashion, which the Examiner is interpreting further action to encompass training for performing, via operation of the medical imaging device, the one or more imaging tasks);
responsive to the determination that the local operator requires training, search a training database for examples of the one or more imaging tasks (See Paragraphs [0056], [0085]: The databases may be computer searchable databases, and the imaging dataset submitted for interpretation may be deficient in terms of quality, and require further action as determined by the interpreting radiologist), wherein the training database includes recorded images of previously performed medical imaging examinations performed via operation of the medical imaging device or another medical imaging device (See Paragraphs [0086], [0092]-[0094]: The image quality database can be used as a real-time decision support tool for protocol optimization, and the image quality data associated with historical imaging exams (of a particular exam type, anatomic region, clinical indication, and patient) can be used by the program to prospectively optimize image acquisition parameters for the purpose of improving quality and safety, which the Examiner is interpreting the historical imaging exams to encompass recorded images of previously performed medical imaging examinations, and interpreting the CT scanner to encompass performed via operation of the medical imaging device or another medical imaging device);
and select, for training of the local operator, one or more of the examples of the one or more imaging tasks from the training database (See Paragraphs [0110]-[0111], [0177]-[0178], [0198]: The program allows for education and training of users, wherein if target or continued education dates for remedial action are not met, and ability to create computer-based educational and training tools from the referenceable image quality database, to facilitate continuous quality improvement initiatives, educational in-services, and remedial training, which the Examiner is interpreting create computer-based educational and training tools from the referenceable image quality database to encompass select, for training of the local medical imaging device operator, one or more of the examples of the one or more imaging tasks from the training database), wherein the one or more of the examples are selected based on one or more of the following criteria: image quality, patient feedback or exam duration (See Paragraphs [0096]-[0097], [0107]-[0111]: By the program integrating image quality assessment data directly into the images, the opportunity for education/training, consultation, and intervention is accentuated in a timely fashion; obviating the need to access and review voluminous imaging datasets, and eliminating the potential to misappropriate image quality report data with the corresponding images, which the Examiner is interpreting the integrated image quality assessment data in the images to encompass image quality, interpreting the current QA model of provider pre-selected (and optimal) images would be supplanted by a model utilizing randomized imaging data selection which encompasses the full spectrum of patient profiles, technologies used, clinical data, exam types, and technical parameters to encompass on the one or more of the examples are selected based on one or more of the following criteria to encompass patient feedback, or exam duration a model utilizing randomized imaging data selection which encompasses the full spectrum of patient profiles, technologies used, clinical data, exam types, and technical parameters identifies patient profiles, and exam types which could encompass patient feedback, or exam duration.)
As per claim 19, Reiner discloses the apparatus of claim 13 as described above. Reiner further teaches further comprising a video cable splitter operatively connected with an imaging device controller of the medical imaging device via which the at least one processor receives data displayed on the imaging device controller (See Paragraphs [0113]-[0139]: An end-user becomes familiar with the standardized icons, symbols, and annotations used for image mark-up and data display, it would be anticipated that the need to refer to the corresponding textual format becomes minimized, and this in effect creates a comprehensive and standardized image quality assessment (i.e., report), solely of the key image and associated graphical annotations, which the Examiner is interpreting the program’s ability to send images to other devices to encompass a video cable splitter operatively connected with an imaging device controller of the medical imaging device via which the at least one processor receives data displayed on the imaging device controller.)
Response to Arguments
In the Remarks filed on November 21, 2025, the Applicant argues that the newly amended and/or added claims overcome the 35 U.S.C. 101 rejection(s) and 35 U.S.C. 102 rejection(s). The Examiner does not acknowledge that the newly added and/or amended claims overcome the 35 U.S.C. 101 rejection(s) and 35 U.S.C. 102 rejection(s).
The Applicant argues that:
(1) the independent claims integrate a unique combination of features into a practical application for performance of a medical examination via operation of a medical imaging device. The claims recite remote assistance technology for performing medical examinations that is used in conjunction with a medical imaging device. The medical imaging device is a particular machine, and the use of an alleged judicial exception in conjunction with a particular machine indicates that the claims integrate the alleged judicial exception into a practical application. More particularly, the independent claims recite multiple claim elements tied to the medical imaging device. Independent claims 13 and 20 include similar features. The claimed interaction with the medical imaging device is -- by virtue of these multiple claim elements -- integral to the claim. Without the claimed features relating to performance of medical examinations via operation of the medical imaging device, the claims would have little meaning. Thus, contrary to the allegation by the Office Action, the claims do not merely link the use of a judicial exception to a particular technological environment;
(2) the claimed invention improves the technical field of medical imaging examinations using a medical imaging device, particularly by solving technical problems related to the quality of images acquired during a medical imaging examination. The claimed invention solves such problems related to acquiring quality images during an imaging examination medical imaging examination by determining one or more performance metrics indicating an ability of the local operator to perform one or more imaging tasks of the medical imaging examinations, by selecting training material for training the local operator, and by providing a remote assistance interface to provide for remote expert assistance. The specific combination of computer-implemented features is integral to the claims, and provides the benefit of ensuring that local operators of medical imaging devices are equipped to use those devices to provide top quality medical imaging services;
(3) the independent claims include elements which, taken as a whole, are not merely well-understood, routine, conventional activity in medical imaging. Rather, the claims recite unconventional features that were not previously known in the medical imaging arts. As such, taken as a whole the claimed features are novel and unconventional, which indicates an inventive concept. Moreover, as discussed above, these features contribute to a technical solution for a technical problem. The presence of unconventional features as part of a technical solution to a technical problem is further indicative of an inventive concept. See MPEP 2106.05(d). For at least these reasons, independent claims 1, 13 and 20, as well as all dependent claims (including claims 3-12 and 15-19), recite patent-eligible subject matter. Accordingly, Applicant respectfully requests that the Examiner withdraw the instant rejection and allow the rejected claims;
(4) Reiner does not disclose "responsive to the determination that the local medical imaging device operator requires training, search a training database for examples of the one or more imaging tasks," as recited in claim 1. While the Office Action cites Reiner paras. [0056] and [0093]-[0094] as allegedly describing to search a database for examples of one or more imaging tasks, these paragraphs do not discuss searching a training database for examples in response to a determination that the local operator requires training. Reiner para. [0056] merely provides that a storage device can include a database that is searchable. Reiner para. [0093] merely describes using image quality data as a tool for decision support to select the newest CT scanner (of three available CT scanners) for a requested exam, rather than selecting examples for training purposes. Reiner para. [0094] merely describes that the image quality database can also be used as a real-time decision support tool for protocol optimization (i.e., optimizing settings in real time for a current exam) - but this says nothing about selecting examples for training a local operator. Indeed, none of these cited paragraphs from Reiner disclose, either expressly or inherently, the claimed feature "responsive to the determination that the local medical imaging device operator requires training, search a training database for examples of the one or more imaging tasks" as alleged in the Office Action. For at least this reason, independent claims 1, 13 and 20, as well as all dependent claims (including claims 3-12 and 15-19), are patentable over the cited art. Accordingly, Applicant respectfully requests that the Examiner withdraw the instant rejection and allow the rejected claims;
(5) Reiner does not disclose "select, for training of the local ... operator, one or more of the examples of the one or more imaging tasks from the training database, wherein the one or more of the examples are selected based on one or more of the following criteria: image quality, patient feedback or exam duration" as recited in claim 1. The Office Action cites Reiner paras. [0177]-[0l78] and [0198] as allegedly describing to select examples for training, and Reiner paras. [0096]-[0097] and [0107] as allegedly describing that the examples are selected for training based on image quality. With regard to Reiner paras. [0l 77]-[0178], these merely refer to efforts to encourage or ensure training of a technologist (e.g., via salary changes, informing appropriate authorities, or locking the technologist out of the appropriate medical/Quality systems). Reiner para. [0198] refers abstractly to an ability to create educational and training tools from the image quality database, to facilitate quality improvement initiatives, educational in-services, and remedial training. But none of these cited paragraphs disclose, either expressly or inherently, the claimed feature "select, for training of the local ... operator, one or more of the examples of the one or more imaging tasks from the training database ..." as alleged in the Office Action. With regard to Reiner paras. [0096]-[0097], para. [0096] merely discusses using image quality assessment data to optimize a current exam protocol, not for training. Similarly, Reiner para. [0097] merely discusses a specific example of modifying a current exam protocol to adjust a catheter size and time delay between contrast administration and initiation of image acquisition. Neither of these cited paragraphs from Reiner disclose, either expressly or inherently, the claimed feature "select, for training ... wherein the ... examples are selected based on one or more of the following criteria: image quality" (i.e., referring to selection of examples for training the local operator) as alleged in the Office Action. As for Reiner para. [0107], while this paragraph refers to training, Reiner uses "randomized imaging data selection" instead of selecting examples based on image quality. To the extent that Reiner has an express disclosure of image selection for training, Reiner para. [0107] describes that image selection is randomized, rather than based on image quality. Thus, none of these cited paragraphs from Reiner disclose, expressly or inherently, the claimed feature "select, for training wherein the one or more of the examples are selected based on one or more of the following criteria: image quality, patient feedback or exam duration" as alleged in the Office Action. For at least this additional reason, independent claims 1, 13 and 20, as well as all dependent claims (including claims 3-12 and 15-19), are patentable over the cited art. Accordingly, Applicant respectfully requests that the Examiner withdraw the instant rejection and allow the rejected claims.
In response to argument, (1), the Examiner does not find the Applicant’s argument(s) persuasive. The Examiner does not acknowledge that the limitations, as drafted, given the broadest reasonable interpretation, but for the recitation of generic computer components, encompass managing interactions between people (including following rules or instructions), which is a subgrouping of Certain Methods of Organizing Human Activity. The additional elements amount to no more than general purpose computer components programmed to perform
the abstract idea, generally linking the abstract idea to a particular technical environment, and adding insignificant extra-solution activity. The “medical imaging device” as described is recited at a high level of generality that amounts to no more than general purpose computer components. The 35 U.S.C. 101 rejection(s) stand.
In response to argument (2), the Examiner does not find the Applicant’s argument(s) persuasive. The Examiner does not acknowledge that the newly amended recites recite an improvement to a technology or technical field. The Examiner maintains that the Applicant’s claims are similar to “i. A commonplace business method being applied on a general purpose computer, Alice Corp., 573 U.S. at 223, 110 USPQ2d at 1976; Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015)” which is an example that the courts have indicated may not be sufficient to show an improvement to technology (See MPEP 2106.05(a)(II)). The 35 U.S.C. 101 rejection(s) stand.
In response to argument (3), the Examiner does not find the Applicant’s argument(s) persuasive. The Examiner does not acknowledge that the claims recite elements that amount to an inventive concept - "significantly more" than a mere abstract idea. The Examiner maintains that the Applicant’s additional elements do not qualify as "significantly more" than a mere abstract idea as the additional elements are adding the equivalent of the words “apply it”, mere instructions to implement an abstract idea on a computer, and insignificant extra-solution activity to the judicial exception. The Examiner maintains that the Applicant’s claims are directed to the management of medical imaging data and use of the medical imaging data for training. The Examiner maintains that the abstract idea is generally linked to a particular technical environment. The 35 U.S.C. 101 rejection(s) stand.
In response to argument (4), the Examiner does not find the Applicant’s argument(s) persuasive. The Examiner maintains that Reiner discloses “responsive to the determination that the local medical imaging device operator requires training, search a training database for examples of the one or more imaging tasks for examples of the one or more imaging tasks” as recited in claim 1 as Paragraphs [0056], [0085] of Reiner describes that the databases may be computer searchable databases, and the imaging dataset submitted for interpretation may be deficient in terms of quality, and require further action as determined by the interpreting radiologist and the further action to encompass a response to the determination that the local medical imaging device operator requires training. The Examiner maintains that Reiner discloses “one or more examples of one or more imaging tasks” in Paragraphs [0096]-[0097], [0107] that by the program integrating image quality assessment data directly into the images, the opportunity for education/training, consultation, and intervention is accentuated in a timely fashion; obviating the need to access and review voluminous imaging datasets, and eliminating the potential to misappropriate image quality report data with the corresponding images, which the Examiner is interpreting the integrated image quality assessment data in the images to encompass image quality, interpreting the current QA model of provider pre-selected (and optimal) images would be supplanted by a model utilizing randomized imaging data selection which encompasses the full spectrum of patient profiles, technologies used, clinical data, exam types, and technical parameters to encompass on the one or more of the examples are selected based on one or more of the following criteria to encompass patient feedback, or exam duration a model utilizing randomized imaging data selection which encompasses the full spectrum of patient profiles, technologies used, clinical data, exam types, and technical parameters identifies patient profiles, and exam types which could encompass patient feedback, or exam duration. The 35 U.S.C. 102 rejection(s) stand.
In response to argument (5), the Examiner does not find the Applicant’s argument(s) persuasive. The Examiner maintains that Reiner discloses “select, for training of the local ... operator, one or more of the examples of the one or more imaging tasks from the training database, wherein the one or more of the examples are selected based on one or more of the following criteria: image quality, patient feedback or exam duration” as recited in claim 1. The Examiner maintains the Paragraphs [0096]-[0097], [0107], [0177]-[0178], [0198] of Reiner encompasses “select, for training of the local ... operator, one or more of the examples of the one or more imaging tasks from the training database, wherein the one or more of the examples are selected based on one or more of the following criteria: image quality, patient feedback or exam duration” as the ability to create computer-based educational and training tools from the referenceable image quality database, to facilitate continuous quality improvement initiatives, educational in-services, and remedial training ([0198]), and the integrated image quality assessment data in the images to encompass image quality, interpreting the current QA model of provider pre-selected (and optimal) images would be supplanted by a model utilizing randomized imaging data selection which encompasses the full spectrum of patient profiles, technologies used, clinical data, exam types, and technical parameters to encompass on the one or more of the examples are selected based on one or more of the following criteria to encompass patient feedback, or exam duration a model utilizing randomized imaging data selection which encompasses the full spectrum of patient profiles, technologies used, clinical data, exam types, and technical parameters identifies patient profiles, and exam types which could encompass patient feedback, or exam duration. Paragraphs [0110]-[0111] of Reiner disclose “The derived analytics can be created through manual or automated data queries. These quality analytics can be created in response to a specific event or concern (e.g., adverse, clinical outcome) or as a routine and periodic component of a continuous quality improvement program.”, “If, for example, a supervisory technologist or departmental administrator was notified of quality deficiencies for a particular technologist in the department, he/she may initiate a formal review of the technologist by retrieving and analyzing their image quality data over a defined time period, with or without specifications relating to the exam type, modality, clinical indication, or technology used. On the other hand, the same administrator may request routine (e.g., monthly) quality analyses for all technologists, along with an automated alert if any of these analytics identify quality ratings below a pre-determined threshold. In that situation, the program 110 would automatically create monthly reports on technologist quality performance. In the event that a pre-determined quality threshold was exceeded, a priority alert would be attached to the specific technologist report in question by the program 110, which would require receipt notification and acknowledgement by the administrator.” The Examiner maintains that Reiner’s disclosure of “a continuous quality improvement program” teaches the selecting examples based on image quality as the derived analytics of the image quality database can include “5. Clinical data (clinical indication, medical/surgical history) 6. Imaging data (follow-up recommendations, report findings)” ([0109]). The 35 U.S.C. 102 rejection(s) stand.
Conclusion
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 Bennett S Erickson whose telephone number is (571)270-3690. The examiner can normally be reached Monday - Friday: 9:00am - 5:00pm.
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/Bennett Stephen Erickson/Primary Examiner, Art Unit 3683