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 .
Acknowledgment
This Action is in response to the amendment filed on July 1, 2026. Claims 1-5, 7-8, 15-19 and 21-28 are currently pending. Claims 6, 9-14 and 20 have been cancelled by Applicant, and claims 23-28 have been newly added. Claims 1-5, 7-8, 15-19 and 21-28 have been fully examined.
Response to Arguments
With respect to the 103 rejections, Applicant merely argues that the cited prior art does not teach the amended portion of independent claims 1 and 15 and new independent claim 23. The examiner respectfully notes that Applicant’s arguments were fully considered but are moot in light of new grounds of rejection, as the amendment is taught by the newly cited prior art of Kshepakaran.
Claim Interpretation
The claims in multiple places use the term “endpoint” and specifically “endpoint of the virtual health wallet” while no definition for the term is provided in the claims or in the Specification. However, the Specification discloses “the wallet is stored on a cloud-based endpoint.” (Abstract, [0003]) and “the SSI provider 150 who may store the electronic health record 104 at an endpoint associated with the wallet 159.” ([0017]) Therefore, the term “endpoint” is interpreted as a device associated with the SSI provider on which the records (and wallets) are stored.
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 5, 7-8, 15, 19 and 21-23 and 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Cordonnier (US Patent No. 11,443,838 ) in view of Peng (US Patent No. 11/093,933,) further in view of Pattanaik (US Patent Publication No. 2017/0364552,) further in view Kshepakaran (US Patent Publication No. 2017/0364637.)
With respect to claims 1, 15 and 23, Cordonnier, teaches:
generating, by one or more processors, of an identity provider, a first virtual health wallet for a first patient profile; (server (i.e., identity provider) issues a digital wallet for the patient: Col. 31 ll. 22-43, claim 5)
receiving, by the one or more processors and responsive to a first request from the first patient profile to a medical provider, a first electronic health record from the medical provider, wherein the first electronic health record is associated with a first … digital identifier and is signed using a private key of the medical provider; (users request healthcare data: Col. 3 ll. 13-45, Col. 10 l. 57-Col. 11 l. 6, server receives data from healthcare providers: Col. 14 ll. 30-53, healthcare data is signed using private key: Col. 11 ll. 7-36)
storing, by the one or more processors, the first electronic health record in the first virtual health wallet…wherein the first electronic health record is associated with a first endpoint of the first virtual health wallet … (the records are stored in the digital wallets, on digital filing cabinets (i.e., endpoint) associated with the server: Col. 4 l. 21-Col. 5 l. 14)
Cordonnier does not explicitly teach; however, Peng teaches:
wherein the electronic health record is associated with a decentralized digital identifier, (decentralized digital identifier associated with data in a blockchain: (Col. 3 l. 64-Col. 4 l. 17, Col. 15 l. 58-Col. 16 l. 26, Col. 22 ll. 40-63)
storing, by the one or more processors, the first decentralized digital identifier of the first electronic health record with an identifier of the first endpoint associated with the first electronic health record on a distributed cryptographic ledger. (store records including the decentralized digital identifier and identifiers of blockchains associated with data in a blockchain: (Col. 3 l. 64-Col. 4 l. 17, Col. 15 l. 58-Col. 16 l. 26, Col. 22 ll. 40-63,
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate storing user records associated with decentralized identifiers, as taught by Peng, into the server of Cordonnier that stores health records in wallets on filing cabinets developed on a distributed ledger, in order to provide access authorization to the health records using decentralized identifiers on a ledger. (Peng.: Abstract, Col. 1 ll. 45-63)
Cordonnier and Peng do not explicitly teach; however, Pattanaik teach:
generating a directed graph data structure comprising nodes: ( FIG. 4A-4B, [0058]-[0063])
each node comprises data signed using a private key and a public key corresponding to the private key (each node comprises payload (i.e., patient data) encrypted using a private key and a public key: FIG. 5A, envelope 515: [0083]-[0085])
a node is a child of a second node of the directed graph… (each node corresponds to an immediately previous node (i.e., a parent node: [0082])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate using directed graph structure for storing transaction data, as taught by Pattanaik , into the health record transaction server of Cordonnier and Peng, that store health records in digital wallets by encrypting the records using private/public key pairs, in order to provide a tracible and verifiable lineage of transactions. (Pattanaik .: Abstract, [0006]-[0006])
The examiner notes that although Pattanaik is not in the same field of endeavor of electronic health records, it is reasonably pertinent to the problem of ensuring data integrity when sharing transaction records between multiple parties, and therefore is analogous art to the present Application.
Pattanaik do not explicitly teach “a directed graph for the electronic health record’ and “a second node of the directed graph that is associated with a medical provider” however, the claim recitations indicate non-functional descriptive material that merely describe the data and therefore do not further limit the scope of the claim.
Cordonnier, Peng, Pattanaik and Kshepakaran do not explicitly teach; however, Kshepakaran teaches:
generating, by the one more processors, a second …account… for a second patient profile; (creating an account for a child reached a minimum age to handle their own medical profile: [0198], claim 2)
receiving, by the one or more processors, an instruction from the first patient profile; (provide instructions via a user interface: [0198])
and responsive to the instruction:
retrieving, by the one or more processors, a second electronic health record from the first virtual wallet, the second electronic health record being associated with the second patient profile; (access a database record associated with a second user, from a managed account: [0198])
storing, by the one or more processors, the second electronic health record at a second endpoint associated with the second account. (transfer personal health record to the new account: [0198])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate transferring a child health record from a parent account to a new child account based on instructions, as taught by Kshepakaran, into the health record transaction server of Cordonnier, Peng, Pattanaik and Kshepakaran, that store health records in digital wallets by encrypting the records using private/public key pairs and provides a tracible lineage of transactions, in order to improve portability of health data by enabling selectable sharing of the healthcare data, (Kshepakaran: Abstract, [0004])
With respect to claims 5 and 19 and 27, Cordonnier, Peng, Pattanaik and Kshepakaran teach the limitations of claims 1 and 15 and 23.
Moreover, Peng teaches:
receiving, by the one or more processors, a request to access the first electronic health record, wherein the request to access the first electronic health record includes the first decentralized digital identifier and is associated with a second medical provider; (receiving a request that includes decentralized identifier to access digital activity: FIGS. 20-21, Col. 52 ll. 53-67, Col. 53 l. 56-Col. 54 l. 18, Col. 54 ll. 28-32)
The examiner notes that the claim recitation “request…is associated with a second medical provider,” indicates non-functional descriptive material and therefore does not further limit the scope of the claim.
in response to the request to access the first electronic health record, retrieving , by the one or more processors, the identifier of the first endpoint from the distributed cryptographic ledger; (business decentralized identifier (BizDID) (i.e., identifier of endpoint) of the blockchain: Col. 53 l. 56-Col. 54 l. 18, retrieve data from the blockchain: Col. 54 ll. 40-44)
determining, by the one or more processors, that the second medical provider has permission to access the first electronic health record; (manage authorization of access; (Col. 54 ll. 45-50)
in response to determining that the second medical provider has permission, providing , by the one or more processors, access to the first electronic health record on the first endpoint. (Col. 55 ll. 30-36)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate storing user records associated with decentralized identifiers, as taught by Peng, into the health record transaction server of Cordonnier that stores health records in smart wallets, in order to provide access authorization to the health records using decentralized identifiers on a ledger. (Peng.: Abstract, Col. 1 ll. 45-63)
With respect to claims 7 and 21 and 28, Cordonnier, Peng, Pattanaik and Kshepakaran teach the limitations of claims 5 and 19 and 27.
Moreover, Peng teaches:
wherein determining that the second medical provider has permission to access the first electronic health record comprises:
prompting a first patient associated with the first patient profile for permission using an application executing on a computing device associated with the patient. (Col. 41 l. 59-Col. 42 l. 8)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate storing user records associated with decentralized identifiers, as taught by Peng, into the health record transaction server of Cordonnier that stores health records in smart wallets, in order to provide access authorization to the health records using decentralized identifiers on a ledger. (Peng.: Abstract, Col. 1 ll. 45-63)
With respect to claims 8 and 22, Cordonnier, Peng, Pattanaik and Kshepakaran teach the limitations of claims 5 and 19.
Moreover, Peng teaches:
wherein the request to access the first electronic health record is associated with a digital signature and further comprising authenticating the request to access the first electronic health record using a public key associated with the second medical provider. (Col. 16 ll. 9-17, Col. 35 ll. 51-59, Col. 78 l. 54-Col. 79 l. 5, Col. 83 ll. 44-63)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate storing user records associated with decentralized identifiers, as taught by Peng, into the health record transaction server of Cordonnier that stores health records in smart wallets, in order to provide access authorization to the health records using decentralized identifiers on a ledger. (Peng.: Abstract, Col. 1 ll. 45-63)
Claims 2-4 and 16-18 and 24-26 are rejected under 35 U.S.C. 103 as being unpatentable over Cordonnier, in view of Peng and Pattanaik , as applied to claims 1 and 15 above, further in view of Zhong (US Patent Publication No. 2018/0277246)
With respect to claims 2 and 16 and 24, Cordonnier, Peng, Pattanaik and Kshepakaran teach the limitations of claims 1 and 15 and 23.
Cordonnier, Peng, Pattanaik and Kshepakaran do not explicitly teach:
wherein the first node comprises the first electronic health record and the first decentralized digital identifier.
However, Zhong teach:
wherein the first node comprises the first electronic health record and the first decentralized digital identifier. (create a node or entity for medical data records including an identifier, in a directed graph data structure: [0059]-[0060])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the directed graph data structure for managing patient data, as taught by Zhong , into the health record transaction server of Cordonnier, Peng, Pattanaik and Kshepakaran that stores health records in smart wallets, in order to maintain relationship between entities and enable searching of the health records in response to queries. (Zhong : Abstract, [0014]-[0015])
With respect to claims 3 and 17 and 25, Cordonnier, Peng and Pattanaik and Zhong teach the limitations of claims 2 and 16 and 24.
Moreover, Cordonnier teaches:
receiving, by the one or more processors, an update to the first electronic health record from the medical provider, …(server collects updated health data: Col. 6 ll. 17-30)
storing, by the one or more processors, the update to the first electronic health record in the virtual health wallet. (updated medical records are stored: Col. 11 ll. 7-36, Col. 12 ll. 7-27)
With respect to claims 4 and 18 and 26, Cordonnier, Peng and Pattanaik and Zhong teach the limitations of claims 3 and 17 and 25.
Moreover, Zhong teach:
generating a third node for the directed graph for the update to the first electronic health record, wherein the third node comprises the update to the first electronic health record and the second decentralized digital identifier; (the graph is updated by creating nodes: [0075], [0078],
adding a link between the third node to the first node. (links or edges are created between nodes: [0060]-[0062], [0075])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the directed graph data structure for managing patient data, as taught by Zhong , into the health record transaction server of Cordonnier, Peng, Pattanaik and Kshepakaran that stores health records in smart wallets, in order to maintain relationship between entities and enable searching of the health records in response to queries. (Zhong : Abstract, [0014]-[0015])
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Neagle (US 2018/0358117 ) teaches a personal health exchange that enables transfer of health data from a guardian to a child when the child reaches 18 years of age.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any 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.
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/SIMA ASGARI/Examiner, Art Unit 3698
/PATRICK MCATEE/Supervisory Patent Examiner, Art Unit 3698
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