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 .
Status of Claims
Claims 21-23, 25-41 have been examined. Claims 21, 23, 27-34 have been amended. Claim 24 has been previously canceled.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 21-23, 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rowlandson et all (US20130056535 hereinafter Rowlandson) in view of McCarthy et al. (US20160147945A1 hereinafter McCarthy)
With respect to claim 21, McCarthy teaches a system comprising:
a remote server (‘535; Para 0012); a data entry application including a data entry interface to be presented on a display screen of a mobile device (‘535; Para 0011: The mobile computer 12 further includes a user input device 18 which is exemplarily depicted as a virtual QWERTY keyboard presented on the graphical display 14, in which case, the graphical display 14 is a touch-screen graphical display; Para 0013: The computer network 20 and the mobile computer 12 are able to achieve wireless bi-directional communication across the data connection 22. In some embodiments, wireless data connections are achieved by a wireless data connection wherein both the mobile computer 12 and the computer network 20 accessing an intermediate server or computer network (not depicted) that facilitates data transfer between the mobile device 12 and the computer network 20);
computer-readable instructions; and processor circuits (‘535; Fig 2) in the system, one or more of the processor circuits to establish communication among (a) the mobile device, (b) a point-of-care test device that is to generate test result for a patient, and (c) the remote server (‘535; Abstract: A system for transferring medical data includes a computer network upon which an electronic medical record of a patient is stored. A mobile computer presents a bar code on a graphical display. A medical device is communicatively connected to a bar code scanner and receives patient information and mobile computer information from the bar code scanner. The medical device further performs a medical test to generate test result data. The test result data is transmitted to the mobile computer based upon the received mobile computer information. A method of medical data transfer includes receiving a medical data transfer request. A bar code is scanned to input the patient information and mobile computer information into the medical device. A medical test is performed with the medical device to produce test result data that is transmitted to the mobile computer based upon the mobile computer information; Para 0012: a computer network 20 may be located and/or operated by a hospital, or may be a computer network that is located remote from a hospital or the clinicians using the system),
wherein the computer-readable instructions are executed to cause the data entry application to:
generate a patient identifier in response to receipt of patient information for the patient via the data entry interface (‘535; Para 0007: Fig 2 illustrates a graphical user interface (“GUI”) on a mobile device of a patient pass application, where the GUI includes a computer-readable, graphical code such as QR code, a barcode; Para 0039: FIG. 3 illustrates information that is displayed on the GUI 205 of the patient pass 200. The patient name 300 is located at a top 302 of the GUI 205. Located under the patient name 300 is a patient identification number (i.e., patient ID 305). The patient ID 305 provides a unique identifier to identify the patient 100 and to track information associated with the patient 100 by the medical facility 105. In a center 308 of the GUI 205 is a graphical code 310 containing information about the patient 100. The information about the patient 100 includes, for example, a patient name 300, a patient ID 305, an update insurance link 325, a medical facility's name 315, and an appointment date 320. The graphical code 310 can include, for example, a two-dimensional (2D) barcode with various geometric patterns, a matrix barcode, a quick response (QR) code, an Aztec code, a data matrix code, a one-dimensional (1D) barcode, or other graphical codes),;
output the patient identifier and the patient information to the remote server (‘535; Fig 1 & 2; Abstract) ;
present the patient identifier in a machine-readable format on the display screen of the mobile device (‘535; Paras 0007, 0039.);
wherein the one or more processor circuit execute the computer-readable instruction to
cause the mobile device to present the patient identifier in a machine-readable format on the display screen of the mobile device (‘535; Para 0007, 0039);
McCarthy teaches
wherein the one or more processor circuit (‘945; Para 0095) execute the computer-readable instruction to cause the point-of-care test device to:
detect the patient identifier in the machine-readable format via the presentation of the patient identifier on the display screen of the mobile device (‘945; Para 0038, 0055);
output the patient identifier and the test result generated for the patient by the point-of-care test device for transmission to the remote server (‘945; Para 0082: the graphical user interface (GUI) 500 can be generated by a user application (not shown in FIGS. 1-5) that can be part of and/or include a hardware module(s) and/or a software module(s) stored in the memory and/or executed in a processor of a computing device that controls input from and/or output to a display unit (not shown in FIG. 5).); and
wherein the one or more of the processor circuits execute the computer-readable instruction to associate, at the remote server, the patient information and the test result based on the patient identifier (‘945; Para 0019: generating an encrypted request for health record information for a patient and an encrypted anonymized patient identifier at a first computing system (de-identification). The method includes receiving the encrypted and de-identified request for health record information associated with an anonymized patient identifier from a computing device associated with a first computing system; Para 0057).
It would have been obvious to one of ordinary skill in the art before the effective filing of claimed invention to modify the system of Rowlandson with the technique of providing secure check of patient records as taught by McCarthy and the motivation is to provide test result associated with patient identifier
With respect to claim 22, the combined art teaches the system of claim 21, Sabeti discloses wherein the one or more processor circuits are to cause the remote server to transmit the test result and at least a portion of the patient information to a public health agency (‘945; Para 0043).
Claims 28 and 29 are rejected as the same reason with claim 22.
With respect to claim 23, the combined art teaches the system of claim 21, Sabeti discloses wherein the test result is to be displayed at the mobile device via the data entry interface (‘945; Para 0091).
With respect to claim 25, the combined art teaches the system of claim 21, wherein the patient identifier includes a barcode or a QR code (‘535; Abstract).
With respect to claim 26, the combined art teaches the system of claim 21, wherein the remote server is separate from a laboratory information management system (‘535; Para 0009).
Claim(s) 27--41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rowlandson et all (US20130056535 hereinafter Rowlandson) in view of McCarthy et al. (US20160147945A1 hereinafter McCarthy) and further in view of over Dicks et al. (US 20150169314A1 hereinafter Dicks).
With respect to claim 27, Rowlandson teaches a system comprising:
a patient data intake application executed on a mobile device (‘535; Abstract), the patient data intake application to:
receive patient information for a subject (‘535; Abstract);
generate a patient identifier responsive to the receipt of the patient information, the patient identifier different than the patient information, the patient information encoded at the mobile device (‘535; Abstract: A system for transferring medical data includes a computer network upon which an electronic medical record of a patient is stored. A mobile computer presents a bar code on a graphical display. A medical device is communicatively connected to a bar code scanner and receives patient information and mobile computer information from the bar code scanner. The medical device further performs a medical test to generate test result data. The test result data is transmitted to the mobile computer based upon the received mobile computer information. A method of medical data transfer includes receiving a medical data transfer request. A bar code is scanned to input the patient information and mobile computer information into the medical device. A medical test is performed with the medical device to produce test result data that is transmitted to the mobile computer based upon the mobile computer information) and
a medical diagnostic test device for generating medical diagnostic test results (’ 535; Para 0024.), the medical diagnostic test device to:
access the patient identifier from the mobile device by decoding the encoded patient identifier (‘535; Para 0027: The test request includes a barcode or an identification of a location on the computer network 20 wherein the bar code is accessible. The recipient of the test request accesses the barcode encoded with order number and other test information that is entered into the mobile device 24 using the bar code scanner . )
perform a medical diagnostic test involving a biological sample from the subject (‘535; Para 0014: the medical device 24 may be laboratory equipment that is used to perform analysis on samples from a patient)
generate a medical diagnostic test result for the medical diagnostic test (‘535; Para 0014);
McCarthy teaches
output the patient identifier and the patient information for transmission via one or more communication networks (‘945; Para 0082: the graphical user interface (GUI) 500 can be generated by a user application (not shown in FIGS. 1-5) that can be part of and/or include a hardware module(s) and/or a software module(s) stored in the memory and/or executed in a processor of a computing device that controls input from and/or output to a display unit (not shown in FIG. 5);
output the patient identifier and the medical diagnostic test result for transmission via the one or more communication networks (‘945; Para 0019: generating an encrypted request for health record information for a patient and an encrypted anonymized patient identifier at a first computing system (de-identification). The method includes receiving the encrypted and de-identified request for health record information associated with an anonymized patient identifier from a computing device associated with a first computing system; Para 0057:); and
It would have been obvious to one of ordinary skill in the art before the effective filing of claimed invention to modify the system of Rowlandson with the technique of providing secure check of patient records as taught by McCarthy and the motivation is to provide test result associated with patient identifier.
Gassman/Arlen does not, but Dicks discloses
a remote server in communication with the mobile device and the medical diagnostic test device via the one or more communication networks, the remote server to:
correlate the patient information with the medical diagnostic test result based on (a) the patient identifier and the patient information received from the patient data intake application and (b) the patient identifier and the medical diagnostic test result received from the test device; and transmit the medical diagnostic test result and at least a portion of the patient information for receipt by a public health agency via the one or more communication networks (314; Para 0172: in FIG. 10, an intermediary device receiving the data is authenticated (1120). In the context of the present invention, the intermediary device includes any type of system or device capable of receiving the medical device data in any manner. Such intermediate devices may include, for example, personal computers, laptops, personal digital assistants, and mobile computing devices. The intermediary device may process the data in any manner, and can transmit some or all of the data to another recipient, such as a medical data server. For example, but not by way of limitation, the intermediary device may include a personal computer or a mobile computing device, such as a laptop computer, a mobile wireless telephone, or a personal digital assistant (PDA). In an exemplary embodiment of the present invention, the intermediate device further includes software for receiving the medical device data, formatting a message based on the data, and transmitting the formatted message to a medical data server. Such software can operate on any suitable mobile computing device and with any computer operating system. The intermediary device may also include any number of other systems and devices suitable for receiving data from the medical device, processing the data, and/or transmitting the data to a medical data server).
It would have been obvious to one of ordinary skill in the art before the effective filing of claimed invention to modify the system of Rowlandson/McCarthy with the technique of remote provisioning of electronic devices as taught by Dick and the motivation is to provide test result associated with patient identifier.
Claim 34 is rejected as the same reason with claim 27.
With respect to claim 28, the combined art teaches the system of claim 27, Gassman discloses wherein the medical diagnostic test result is a first test result and the remote server is to: aggregate the first medical diagnostic test result, the patient information, and a second medical diagnostic test result for the subject to generate aggregated data for the subject; and transmit the aggregated data to the public health agency (‘535; Para 0030).
With respect to claim 29, the combined art teaches the system of claim 27, Gassman discloses wherein the remote server is to adjust a format of one or more of the patient information or the medical diagnostic test result for transmission to the public health agency based on a reporting format associated with the public health agency (‘945; Para 0043).
With respect to claim 30, the combined art teaches the system of claim 27, Gassman discloses wherein the test device is to access the patient identifier via a scanner of the medical diagnostic test device, the scanner to scan an image of the patient identifier presented by the patient data intake application (‘945; Para 0083).
With respect to claim 31, the combined art teaches the system of claim 27, Dick discloses wherein the patient data intake application is to output the medical diagnostic test result for display at the mobile device (‘945; Paras 0038-0039).
With respect to claim 32, the combined art teaches the system of claim 27, Walsh discloses wherein the test result is a first medical diagnostic test result and the test device is to associate the first medical diagnostic test result and a second medical diagnostic test result with the patient identifier (‘’929; Fig. 13 show two test results with patient identifiers).
With respect to claim 33, the combined art teaches the system of claim 27, Gassman discloses wherein the subject is a first subject, the medical diagnostic test result is a first test result, the patient information is the first patient information, the patient identifier is a first patient identifier, and the remote server is to: correlate patient information for a second subject with a second test result for the second subject based on a second patient identifier generated by the patient data intake application for the second subject; and transmit a report for receipt by the public health agency, the report including (a) the first medical diagnostic test result and at least a portion of the patient information for the first subject and (b) the second medical diagnostic test result and at least a portion of the patient information for the second subject (‘929; Para 0099; Para 0218-0219 and Fig. 13).
With respect to claim 35, the combined art teaches the method of claim 34, Dick discloses further including causing, via the test device, the test result to be displayed by the data entry application (‘314; Para 0019).
With respect to claim 36, the combined art teaches the method of claim 34, Gassman discloses wherein the detecting of the patient identifier at the test device is based on a scanned image of the patient identifier (‘535; Para 0028).
With respect to claim 37, the combined art teaches the method of claim 34, Sabeti discloses further including: modifying, at the cloud-based database, a format of the patient information to generate formatted patient information; and generating aggregated data including the test result and at least a portion of the formatted patient information (‘535; Para 0027).
With respect to claim 38, the combined art teaches the method of claim 37, Gassman discloses further including transmitting, via a communication network, the aggregated data for receipt by a public health agency (‘945; Para 0020).
With respect to claim 39, the combined art teaches the method of claim 37, Gassmandiscloses wherein the test result is a first result and the aggregated data includes a second test result for the patient (‘945; Para 0027).
With respect to claim 40, the combined art teaches the method of claim 34, Dick discloses wherein the patient identifier is a first identifier associated with the patient and further including detecting, at the mobile device and from a second identifier associated with the patient, at least a portion of the patient information based on data encoded in the second identifier (‘945; Para 0090).
With respect to claim 41, the combined art teaches the system of claim 27, Gassman discloses wherein the patient identifier is a first identifier and the patient data intake application is to receive the patient information via data retrieved from a second identifier associated the subject using an optical reader of the mobile device, the second identifier having a machine-readable format (‘945; Para 0090).
Response to Arguments
Applicant’s arguments, see Pre-Appeal Conference Request, filed 03/10/2026, with respect to the rejection(s) of claim(s) 21-23, 25 and 26 under 35 USC103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Rowlandson/McCarthy
Conclusion
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/HIEP V NGUYEN/Primary Examiner, Art Unit 3686
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