DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract
idea without significantly more.
Step 1
Claims 1-19 are within the four statutory categories. However, as will be shown below, Claims 1-19 are
nonetheless unpatentable under 35 U.S.C. 101.
Claims 1 and 11 are representative of the inventive concept and recite:
Claim 1
A computer-implemented method for managing a digital exchange of information in connection with rescue operations, the method being implemented in an electronic organization system,
-which is connected to at least one control center via a communication link,
-which is connected via a communication link to at least one ambulance and to at least one emergency paramedic assigned to the respective ambulance, and
- which is connected to at least one emergency physician via a communication link,
- wherein the electronic organization system is notified of a deployment status and an emergency physician assignment to an indications catalog for each connected emergency physician,
- wherein communication data, in particular as audio data and/or video data and/or location data and/or status data and/or control data are exchanged via the electronic organization system depending on the situation.
Claim 11
A method for coordinating emergency physicians available in an emergency physician pool,
- wherein the emergency physician pool comprises at least one mobile emergency physician, whose emergency ambulance is equipped with means of communication such that the emergency physician can communicate with the emergency paramedic already at an accident site when approaching the site,
- wherein the emergency physician pool comprises at least one so-called "remote emergency physician", whose base is equipped in such a way that the emergency physician can communicate with the emergency paramedic already at the scene of the accident, - wherein each emergency physician
is assigned a first characteristic value which indicates their emergency physician status, namely "mobile emergency physician" or "remote emergency physician",
a second characteristic value is assigned which indicates their deployment status, namely "available" or "not available",
a third characteristic value is assigned, which specifies the indications from an indications catalog for which the emergency physician is a specialist,
- wherein an electronic organization system is used to make a selection on the basis of the characteristic values, on the basis of an accident report and on the basis of information provided by the emergency paramedic,
which is either sent to the control center as a proposal for an emergency physician to be assigned from the emergency physician pool
or by means of which an emergency physician from the emergency physician pool is automatically assigned.
Step 2A Prong One
The broadest reasonable interpretation of these steps includes “Certain Methods of Organizing Human Activity”. The recitation of generic computer components (“electronic organization system”)/functions of connecting, notifying, exchanging, equipping, assigning, and selecting also covers behavioral or
interactions between people (i.e. a computer and user interface), and/or managing personal behavior or relationships or interactions between people (i.e. social activities, teaching, and following rules or instructions, hence the claim falls under “Certain Methods of Organizing Human Activity”.
Dependent claims 2-10 and 12-19 recite additional subject matter which further narrows or
defines the abstract idea embodied in the claims.
Step 2A Prong Two
This judicial exception is no integrated into a practical application. In particular, the claims recite the
following additional limitations:
Claim 1 recites: “managing a digital exchange of information in connection with rescue operations”, “audio data and/or video data”, and “electronic organization system”.
Claim 11 recites: “electronic organization system” and “sent to the control center as a proposal for an emergency physician to be assigned from the emergency physician pool”.
In particular, the additional elements do no integrate the abstract idea into a practical application, other
than the abstract idea per se, because the additional elements amount to no more limitations which:
Amount to mere instructions to apply an exception (MPEP 2106.05(f)). The limitations of
are recited as being performed by a “electronic organization system”. A computer is recited at a high level of generality and amounts to no more than mere instructions to apply the exception using a generic computer.
Add insignificant extra-solution activity (MPEP 2106.05(g)) to the abstract idea such as the
recitation of “managing a digital exchange of information in connection with rescue operations”, “audio data and/or video data”, and “sent to the control center as a proposal for an emergency physician to be assigned from the emergency physician pool”.
Dependent claim 4 recites “router”
Dependent claim 6 recites “central computing unit” and “terminal devices”
Dependent claim 9 recites “transmission” and “video”
Dependent claim 16 recites “transmission” and “video”
In particular, the additional elements do no integrate the abstract idea into a practical application, other
than the abstract idea per se, because the additional elements amount to no more limitations which:
Amount to mere instructions to apply an exception (MPEP 2106.05(f)). The limitations of
are recited as being performed by a “router”, “central computing unit”, and “terminal device”. A computer is recited at a high level of generality and amounts to no more than mere instructions to apply the exception using a generic computer.
Add insignificant extra-solution activity (MPEP 2106.05(g)) to the abstract idea such as the
recitation of “transmission” and “video”.
Dependent claims 2-3, 5, 7-8, 10, 12-15, and 17-19 do not include any additional elements beyond those already recited in independent claims 1 and 11, and dependent claims 4, 6, 9, and 16, and hence do not integrate the aforementioned abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or any other technology. Their collective function merely provides conventional computer implementation and do not impose a meaningful limit to integrate the abstract idea into a practical application.
Step 2B
Claims 1 and 11 do not include additional elements that are sufficient to amount to significantly
more than the judicial exception. As discussed above with respect to discussion of integration of the
abstract idea into a practical application, the additional elements: A system in claim 1; amount to no
more than mere instructions to apply an exception to the abstract idea. Additionally, the additional
limitations, other than the abstract idea per se, amount to no more than limitations which amount to
elements that have been recognized as well-understood, routine, and conventional activity in particular
fields as demonstrated by the recitation of:
Sending, which refers to digital data transfer (TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 614, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016)) in a manner that would be well-understood, routine, and conventional.
Transmission, which refers to digital data transfer (TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 614, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016)) in a manner that would be well-understood, routine, and conventional.
Managing electronic exchange, which refers to sending/receiving of digital information (TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 614, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016)) in a manner that would be well-understood, routine, and conventional.
Audio data, which refers to the digital representation of sound waves (Para 0095, Vitte(US 20120310637 A1) discloses: “The video data is thus additional to conventional audio data in order to improve voice information (speech enhancement).”) in a manner that would be well-understood, routine, and conventional.
Video data, which refers to digital information encoded in video signals (Para 0006, Figure 3, Chen(US 20160211003 A1) discloses: “FIG. 3 is an example flow chart of a conventional video data storage process.”)in a manner that would be well-understood, routine, and conventional.
Dependent claims 2-3, 5, 7-8, 10, 12-15, and 17-19 do not include any additional elements beyond those already recited in independent claims 1 and 11 and dependent claims 4, 6, 9, and 16 . Therefore, they are not deemed to be significantly more than the abstract idea because, as stated above, the limitations of the aforementioned dependent claims amount to no more than generally linking the abstract idea to a particular technological environment or field of use, and/or do not recite and additional elements not already recited in independent claims 1 and 11, hence do not amount to “significantly more” than the abstract idea.
Claim Rejections - 35 USC § 102
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 11-13, and 15 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Barash(US20230063013A1).
Claim 11
Barash discloses:
A method for coordinating emergency physicians available in an emergency physician pool,
- wherein the emergency physician pool comprises at least one mobile emergency physician"(Figure, 5, #510, Barash discloses a mobile emergency physician), whose emergency ambulance is equipped with means of communication such that the emergency physician can communicate with the emergency paramedic already at an accident site when approaching the site(Para 0083, Barash discloses communication between responder and physician),
- wherein the emergency physician pool comprises at least one so-called "remote emergency physician"(Para 0083, Barash discloses a remote emergency physician), whose base is equipped in such a way that the emergency physician can communicate with the emergency paramedic already at the scene of the accident(Para 0083, Barash discloses communication between responder and physician), - wherein each emergency physician
o is assigned a first characteristic value which indicates their emergency physician status, namely "mobile emergency physician"(Figure, 5, #510, Barash discloses a mobile emergency physician) or "remote emergency physician"(Para 0083, Barash discloses a remote emergency physician),
o a second characteristic value is assigned which indicates their deployment status, namely "available" or "not available"(Figure 5, Barash discloses “confirmed responders” which are available, those not listed would be considered unavailable),
o a third characteristic value is assigned, which specifies the indications from an indications catalog for which the emergency physician is a specialist(Para 0184, Barash discloses identification of hospital specialty, which would indicate physician specialty),
- wherein an electronic organization system is used to make a selection on the basis of the characteristic values, on the basis of an accident report and on the basis of information provided by the emergency paramedic(Para 0078, Barash discloses making a selection),
o which is either sent to the control center as a proposal for an emergency physician to be assigned from the emergency physician pool(Para 0078, Barash discloses responder candidates for responding to request)
o or by means of which an emergency physician from the emergency physician pool is automatically assigned(Para 0078, Barash discloses respondents being selected automatically).
Claim 12
Barash discloses:
The method as claimed in claim 11, wherein if a "mobile emergency physician" is selected for assignment, the location is recorded as a fourth characteristic value for all "mobile emergency physicians"(Figure 5, Barash discloses location of Dr. Elizabeth Langhans) and the selection of the emergency physician is influenced by a calculated travel time to an accident site(Para 0136, Barash discloses selection of responder based on estimated time of arrival at incident site).
Claim 13
Barash discloses:
The method as claimed in claim 12, wherein a means of transport available to the "mobile emergency physicians", which is designed in particular as a road vehicle or watercraft or aircraft(Para 0175, Barash discloses ambulance), is recorded as a fifth characteristic value.
Claim 15
Barash discloses:
The method as claimed in claim 11, wherein the second characteristic value is determined from an electronic duty roster(Figure 5, Barash discloses an electronic duty roster) or is verified by means of an electronic duty roster.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries 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.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over in view of Barash(US20230063013A1) in view of Stein(US20200152324A1).
Claim 14
Barash does not explicitly disclose:
The method as claimed in claim 11, wherein a static workplace of the emergency physician and/or a mobile workplace of the emergency physician is/are designed such that it is multisession-capable, so that parallel connections to multiple accident sites are established for the emergency physician if required.
Stein discloses:
The method as claimed in claim 11, wherein a static workplace of the emergency physician and/or a mobile workplace of the emergency physician is/are designed such that it is multisession-capable, so that parallel connections to multiple accident sites are established for the emergency physician if required(Para 0154, Stein discloses parallel connections between healthcare provider and multiple patients (sites)).
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the community-based response system of Barash to add
multi-session capability, as taught by Stein. One of ordinary skill would have been so motivated to provide a means for a medical professional to address multiple medical emergencies, to better improve patient outcomes, but in this case, for a mobile medicine communication platform (Para 0008, Stein discloses: “If the patient arrives late, or is seen outside of the acceptable time window, or the patient has too many other medical risk factors to allow definitive therapy, then these factors may lead to complications, including brain hemorrhage.”).
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Reid(US20120191476A1) in view of Barash(US20230063013A1).
Claim 1
Reid discloses:
A computer-implemented method for managing a digital exchange of information in connection with rescue operations, the method being implemented in an electronic organization system(Figure 1, Reid discloses an electronic organization system for rescue operations),
-which is connected to at least one control center(Figure 1, #103, Reid discloses a control center) via a communication link(Figure 1, #120, Reid discloses a network, which can be considered a communication link),
-which is connected via a communication link to at least one ambulance(Figure 1, #101, Reid discloses network connected to an EMS driver who would be in an ambulance) and to at least one emergency paramedic assigned to the respective ambulance(Figure 1, #101, Reid discloses and EMS driver who can also be considered an emergency paramedic assigned to an ambulance), and
- which is connected to at least one emergency physician via a communication link(Figure 1, #124, Para 0202, Reid discloses that the enterprise user can be an emergency room physician),
- wherein the electronic organization system is notified of a deployment status(Para 0187, Reid discloses a GUI which displays EMS vehicle trip status) and
- wherein communication data, in particular as audio data(Para 0298, Reid discloses audio data) and/or video data(Para 0299, Reid discloses video data) and/or location data(Para 0178, 0179, Reid discloses location data) and/or status data(Para 0187, Reid discloses status data) and/or control data are exchanged via the electronic organization system depending on the situation.
Reid does not explicitly disclose:
an emergency physician assignment to an indications catalog for each connected emergency physician.
Barash discloses:
an emergency physician assignment to an indications catalog for each connected emergency physician(Para 0184, Barash discloses identification of hospital specialty, which would indicate physician specialty)
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for collection, organization, and display of EMD information of Reid, to add indications relating to specialty, as taught by Barash. One of ordinary skill
would have been so motivated to collect specialty data about a medical professional or facility that would accept an emergency patient, such that the medical emergency can be properly treated, but in this case, for a community based response system (Para 0004, Barash discloses: “Emergency events like sudden cardiac arrests and accidents are generally responded to by organized emergency response units, such as ambulance or fire crews, and by laypeople who are immediately around the events so that they personally witness or offer assistance for the events. Often, the laypeople in a victim's immediate vicinity are not trained to treat the victim, or are too overwhelmed to provide effective treatment.”).
Claim 2
Reid discloses:
The computer-implemented method as claimed in claim 1, wherein
- an emergency medical consultation is initiated by the emergency paramedic via the electronic organization system, (Figure 1, Reid shows connection from enterprise user (can be physician)), selected as suitable for an emergency medical consultation with regard to the criteria of deployment status(Para 0187, Reid discloses a GUI which displays EMS vehicle trip status)
- that, at the same time as initiating the emergency medical consultation, the control center is informed by the electronic organization system of the initiation of the emergency medical consultation, and that the control center is granted partial or complete access to the communication between the emergency medical specialist physician by the organization system(Para 01429, Reid discloses authentication to restrict data access based on identity).
Reid does not explicitly disclose:
wherein the electronic organization system, on the basis of geocoordinates of the ambulance located at a particular accident location and, in particular, on the basis of an indication
and emergency physician assignment and/or with regard to the criterion of shortest distance to the accident site
Barash discloses:
wherein the electronic organization system, on the basis of geocoordinates of the ambulance located at a particular accident location(Para 0056, Barash discloses a system which locates the responder(can be ambulance) and victim) and, in particular, on the basis of an indication(Para 0184, Barash discloses identification of hospital specialty, which would indicate physician specialty)
and emergency physician assignment and/or with regard to the criterion of shortest distance to the accident site(Figure 5, Barash discloses the determination of a responder within a distance of accident site)
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for collection, organization, and display of EMD information of Reid, to add the basis of geocoordinates of the ambulance located at a particular accident location and, in particular, on the basis of an indication, and criterion of shortest distance to the accident site, as taught by Barash. One of ordinary skill would have been so motivated to collect data that directly impacts the speed and quality of response to a medical emergency to better improve patient outcomes, but in this case, for a community based response system (Para 0004, Barash discloses: “Emergency events like sudden cardiac arrests and accidents are generally responded to by organized emergency response units, such as ambulance or fire crews, and by laypeople who are immediately around the events so that they personally witness or offer assistance for the events. Often, the laypeople in a victim's immediate vicinity are not trained to treat the victim, or are too overwhelmed to provide effective treatment.”).
Claim 3
Reid does not explicitly disclose:
The computer-implemented method as claimed in claim 1, wherein
- an alarm is issued to the ambulance by the control center in the event of an accident reported to the control center via the organization system,
- confirmation of the alarm issue by the emergency paramedic is sent to the control center via the organization system,
- the arrival at the accident site is confirmed by the emergency paramedic
Barash discloses:
The computer-implemented method as claimed in claim 1, wherein
- an alarm is issued to the ambulance by the control center in the event of an accident reported to the control center via the organization system(Para 0068, Barash discloses dispatch of an ambulance in response to a call),
- confirmation of the alarm issue by the emergency paramedic is sent to the control center via the organization system(Figure 5, Barash discloses confirmed responders),
- the arrival at the accident site is confirmed by the emergency paramedic(Para 0083, Barash discloses responders communicating arrival status)
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for collection, organization, and display of EMD information of Reid, to add the reporting of an accident via alert, confirmation of alert receipt, and confirmation of arrival of responders at the site of the medical emergency, as taught by Barash. One of ordinary skill would have been so motivated to ensure the medical emergency victim receives prompt care, thereby improving patient outcomes, but in this case, for a community based response system (Para 0004, Barash discloses: “Emergency events like sudden cardiac arrests and accidents are generally responded to by organized emergency response units, such as ambulance or fire crews, and by laypeople who are immediately around the events so that they personally witness or offer assistance for the events. Often, the laypeople in a victim's immediate vicinity are not trained to treat the victim, or are too overwhelmed to provide effective treatment.”).
Claim 4
Reid does not explicitly disclose:
The computer-implemented method as claimed claim 1, wherein a further deployment criterion for each emergency physician is created by the fact that the organization system automatically determines whether the respective emergency physician is connected to the electronic organization system from their workstation via a fixed router or from a position en route by means of a mobile router.
Barash discloses:
The computer-implemented method as claimed claim 1, wherein a further deployment criterion for each emergency physician is created by the fact that the organization system automatically determines whether the respective emergency physician is connected to the electronic organization system from their workstation via a fixed router or from a position en route by means of a mobile router(Para 0042, Barash discloses location triangulation which can be used to determine between a fixed and stationary router).
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for collection, organization, and display of EMD information of Reid, to add automatically determines whether the respective emergency physician is connected to the electronic organization system from their workstation via a fixed router or from a position en route by means of a mobile router, as taught by Barash. One of ordinary skill would have been so motivated to ensure location of potential responders to ensure the medical emergency victim receives prompt care, thereby improving patient outcomes, but in this case, for a community based response system (Para 0004, Barash discloses: “Emergency events like sudden cardiac arrests and accidents are generally responded to by organized emergency response units, such as ambulance or fire crews, and by laypeople who are immediately around the events so that they personally witness or offer assistance for the events. Often, the laypeople in a victim's immediate vicinity are not trained to treat the victim, or are too overwhelmed to provide effective treatment.”).
Claim 5
Reid discloses:
The computer-implemented method as claimed in claim 1, wherein the organization system can receive commands from the emergency physician or from the specialist physician, (Para 01429, Reid discloses authentication to restrict data access based on identity).
Reid does not explicitly disclose:
in particular by means of voice input or menu selection
Barash discloses:
in particular by means of voice input or menu selection(Para 0161, Barash discloses input from user can be acoustic, or tactile)
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for collection, organization, and display of EMD information of Reid, to add voice input and menu selection, as taught by Barash. One of ordinary skill would have been so motivated to ensure the provision of multiple ways to provide input into an emergency system to ensure quick and reliable delivery of care to an emergency victim, but in this case, for a community based response system (Para 0004, Barash discloses: “Emergency events like sudden cardiac arrests and accidents are generally responded to by organized emergency response units, such as ambulance or fire crews, and by laypeople who are immediately around the events so that they personally witness or offer assistance for the events. Often, the laypeople in a victim's immediate vicinity are not trained to treat the victim, or are too overwhelmed to provide effective treatment.”).
Claim 6
Reid discloses:
The computer-implemented method as claimed claim 1, wherein the electronic organization system comprises a central computing unit and that the electronic organization system comprises terminal devices connected to each of these via at least one bidirectional communication path(Figure 1, Reid discloses a system comprising of a CPU a devices communication bi-directionally).
Claim 7
Reid does not explicitly disclose:
The computer-implemented method as claimed in claim 1, characterized wherein - coordinates of a current location of the emergency physician are processed as control data for the deployment criterion "travel time to the accident site and/or - that a number of ongoing consultations involving the emergency physician is processed as control data for the deployment criterion "workload of the emergency physician and/or - that a designation of the medical specialty of the emergency physician is processed as control data for the deployment criterion "specialization".
Barash discloses:
The computer-implemented method as claimed in claim 1, characterized wherein - coordinates of a current location of the emergency physician are processed as control data for the deployment criterion "travel time to the accident site"(Para 0175, Barash discloses arrival time to a destination) and/or - that a number of ongoing consultations involving the emergency physician is processed as control data for the deployment criterion "workload of the emergency physician"(Para 0184, Barash discloses patient capacity for the hospital (and therefore physician)) and/or - that a designation of the medical specialty of the emergency physician is processed as control data for the deployment criterion "specialization"(Para 0184, Barash discloses identification of hospital specialty, which would indicate physician specialty).
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for collection, organization, and display of EMD information of Reid, to add travel time to the accident site, physician workload, and physician specialization, as taught by Barash. One of ordinary skill would have been so motivated to ensure the provision of multiple criteria to determine the best responder and course of action to address a medical emergency, but in this case, for a community based response system (Para 0004, Barash discloses: “Emergency events like sudden cardiac arrests and accidents are generally responded to by organized emergency response units, such as ambulance or fire crews, and by laypeople who are immediately around the events so that they personally witness or offer assistance for the events. Often, the laypeople in a victim's immediate vicinity are not trained to treat the victim, or are too overwhelmed to provide effective treatment.”).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over in view of Reid(US20120191476A1) in view of Barash(US20230063013A1) and Stein(US20200152324A1).
Claim 8
Reid and Barash do not explicitly disclose:
The computer-implemented method as claimed in claim 1, wherein a static workplace of the emergency physician and/or a mobile workplace of the emergency physician is/are designed such that it is multisession-capable, so that parallel connections to multiple accident sites are established for the emergency physician if required.
Stein discloses:
The computer-implemented method as claimed in claim 1, wherein a static workplace of the emergency physician and/or a mobile workplace of the emergency physician is/are designed such that it is multisession-capable, so that parallel connections to multiple accident sites are established for the emergency physician if required(Para 0154, Stein discloses parallel connections between healthcare provider and multiple patients (sites)).
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the community-based response system of Barash to add
multi-session capability, as taught by Stein. One of ordinary skill would have been so motivated to provide a means for a medical professional to address multiple medical emergencies, to better improve patient outcomes, but in this case, for a mobile medicine communication platform (Para 0008, Stein discloses: “If the patient arrives late, or is seen outside of the acceptable time window, or the patient has too many other medical risk factors to allow definitive therapy, then these factors may lead to complications, including brain hemorrhage.”).
Claims 9-10, and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over in view of Reid(US20120191476A1) in view of Barash(US20230063013A1) and Burton(US20170076057A1).
Claim 9
Reid does not explicitly disclose:
The computer-implemented method as claimed in claim 1, wherein a prioritization of the transmission of the various data types, is carried out in such a way that, depending on a possible transmission quality and/or transmission rate the prioritization of the transmission of the various data types is automated or can be both activated and deactivated by the emergency paramedic or by the emergency physician or the control center, and the various data types are prioritized for transmission in particular in a prioritization order of voice data, vital signs data of the accident victim, image data and live video data.
Barash discloses:
order of voice data(Para 0012, Barash discloses voice connections), vital signs data(Para 0012, Barash discloses vital sign data) of the accident victim, image data(Para 0089, Barash discloses digital photographs) and live video data(Para 0009, Barash discloses real-time video)
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for collection, organization, and display of EMD information of Reid, to add order of voice data, vital signs data of the accident victim, image data and live video data, as taught by Barash. One of ordinary skill would have been so motivated to ensure the that multiple data types are evaluated so the emergency victim can be handled in the most efficient way possible, but in this case, for a community based response system (Para 0004, Barash discloses: “Emergency events like sudden cardiac arrests and accidents are generally responded to by organized emergency response units, such as ambulance or fire crews, and by laypeople who are immediately around the events so that they personally witness or offer assistance for the events. Often, the laypeople in a victim's immediate vicinity are not trained to treat the victim, or are too overwhelmed to provide effective treatment.”).
Barash does not explicitly disclose:
possible transmission quality and/or transmission rate the prioritization of the transmission of the various data types is automated or can be both activated and deactivated by the emergency paramedic or by the emergency physician or the control center
Burton discloses:
possible transmission quality and/or transmission rate(Para 0137, Burton discloses poor data transmission) the prioritization of the transmission of the various data types(Para 0009, Burton discloses data prioritization to minimize health risks) is automated or can be both activated and deactivated by the emergency paramedic or by the emergency physician or the control center(Para 0017, Burton discloses data prioritization can be done manually or automatically)
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for collection, organization, and display of EMD information of Reid, to add possible transmission quality and/or transmission rate the prioritization of the transmission of the various data types is automated or can be both activated and deactivated by the emergency paramedic or by the emergency physician or the control center, as taught by Burton. One of ordinary skill would have been so motivated to ensure that critical data can reach the stakeholders involved in treating the emergency victim in situations where data transfer becomes an issue, but in this case, for a mobile data management system(Para 0007, Burton discloses: “present invention provides enhanced data management capabilities capable of enabling more deterministic, controlled and/or appropriately managed data transfer in order to mitigate the risk and manage circumstances where misdiagnosis or misleading measures or health status indications could otherwise jeopardise patient or consumer user health outcomes.”).
Claim 10
Reid and Barash do not explicitly disclose:
The computer-implemented method as claimed in claim 9, wherein the prioritization order is ultimately implemented by the emergency physician
Burton discloses:
The computer-implemented method as claimed in claim 9, wherein the prioritization order is ultimately implemented by the emergency physician(Para 0017, Burton discloses data prioritization can be done manually or automatically).
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for collection, organization, and display of EMD information of Reid, to add prioritization order, as taught by Burton. One of ordinary skill would have been so motivated to ensure that critical data can reach the stakeholders involved in treating the emergency victim in situations where data transfer becomes an issue, but in this case, for a mobile data management system(Para 0007, Burton discloses: “present invention provides enhanced data management capabilities capable of enabling more deterministic, controlled and/or appropriately managed data transfer in order to mitigate the risk and manage circumstances where misdiagnosis or misleading measures or health status indications could otherwise jeopardise patient or consumer user health outcomes.”).
Claim 16
Reid does not explicitly disclose:
The computer-implemented method as claimed in claim 9, wherein the prioritization of the transmission of the various data types comprises a prioritization of the data types of voice data and vital signs data and image data and live video data.
Barash discloses:
The computer-implemented method as claimed in claim 9, wherein the prioritization of the transmission of the various data types comprises a prioritization of the data types of voice data(Para 0012, Barash discloses voice connections) and vital signs data(Para 0012, Barash discloses vital sign data) and image data(Para 0089, Barash discloses digital photographs) and live video data(Para 0009, Barash discloses real-time video).
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for collection, organization, and display of EMD information of Reid, to add order of voice data, vital signs data of the accident victim, image data and live video data, as taught by Barash. One of ordinary skill would have been so motivated to ensure the that multiple data types are evaluated so the emergency victim can be handled in the most efficient way possible, but in this case, for a community based response system (Para 0004, Barash discloses: “Emergency events like sudden cardiac arrests and accidents are generally responded to by organized emergency response units, such as ambulance or fire crews, and by laypeople who are immediately around the events so that they personally witness or offer assistance for the events. Often, the laypeople in a victim's immediate vicinity are not trained to treat the victim, or are too overwhelmed to provide effective treatment.”).
Claim 17
Reid does not explicitly disclose:
The computer-implemented method as claimed in claim 1, wherein a prioritization of the transmission of the various data types is carried out in such a way that, depending on a transmission quality and/or transmission rate to be expected along a route, the prioritization of the transmission of the various data types is automated or can be both activated and deactivated by the emergency paramedic or by the emergency physician or the control center, and the data types are prioritized for transmission in particular in a prioritization order of voice data, vital signs data of the accident victim, image data and live video data.
Barash discloses:
order of voice data(Para 0012, Barash discloses voice connections), vital signs data of the accident victim(Para 0089, Barash discloses digital photographs), image data(Para 0089, Barash discloses digital photographs) and live video data(Para 0009, Barash discloses real-time video)
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for collection, organization, and display of EMD information of Reid, to add order of voice data, vital signs data of the accident victim, image data and live video data, as taught by Barash. One of ordinary skill would have been so motivated to ensure the that multiple data types are evaluated so the emergency victim can be handled in the most efficient way possible, but in this case, for a community based response system (Para 0004, Barash discloses: “Emergency events like sudden cardiac arrests and accidents are generally responded to by organized emergency response units, such as ambulance or fire crews, and by laypeople who are immediately around the events so that they personally witness or offer assistance for the events. Often, the laypeople in a victim's immediate vicinity are not trained to treat the victim, or are too overwhelmed to provide effective treatment.”).
Barash does not explicitly disclose:
transmission quality and/or transmission rate to be expected along a route, the prioritization of the transmission of the various data types is automated or can be both activated and deactivated by the emergency paramedic or by the emergency physician or the control center
Burton discloses:
transmission quality and/or transmission rate to be expected along a route(Para 0137, Burton discloses poor data transmission), the prioritization of the transmission of the various data types(Para 0009, Burton discloses data prioritization to minimize health risks) is automated or can be both activated and deactivated by the emergency paramedic or by the emergency physician or the control center(Para 0017, Burton discloses data prioritization can be done manually or automatically)
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for collection, organization, and display of EMD information of Reid, to add transmission quality and/or transmission rate to be expected along a route, the prioritization of the transmission of the various data types is automated or can be both activated and deactivated by the emergency paramedic or by the emergency physician or the control center, as taught by Burton. One of ordinary skill would have been so motivated to ensure that critical data can reach the stakeholders involved in treating the emergency victim in situations where data transfer becomes an issue, but in this case, for a mobile data management system(Para 0007, Burton discloses: “present invention provides enhanced data management capabilities capable of enabling more deterministic, controlled and/or appropriately managed data transfer in order to mitigate the risk and manage circumstances where misdiagnosis or misleading measures or health status indications could otherwise jeopardise patient or consumer user health outcomes.”).
Claim 18
Reid does not explicitly disclose:
The computer-implemented method as claimed in claim 17, wherein the route comprises a journey from the accident site to the hospital
Barash discloses:
The computer-implemented method as claimed in claim 17, wherein the route comprises a journey from the accident site to the hospital(Para 0182, Barash discloses EMD vehicle destination to a hospital from an accident site).
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for collection, organization, and display of EMD information of Reid, to add order route comprises a journey from the accident site to the hospital, as taught by Barash. One of ordinary skill would have been so motivated to ensure that there is visibility for transport of the emergency victim to a care facility, to ensure and improve positive patient outcomes, but in this case, for a community based response system (Para 0004, Barash discloses: “Emergency events like sudden cardiac arrests and accidents are generally responded to by organized emergency response units, such as ambulance or fire crews, and by laypeople who are immediately around the events so that they personally witness or offer assistance for the events. Often, the laypeople in a victim's immediate vicinity are not trained to treat the victim, or are too overwhelmed to provide effective treatment.”).
Claim 19
Reid does not explicitly disclose:
The computer-implemented method as claimed in claim 17, wherein the prioritization of the transmission of the various data types comprises a prioritization of the data types of voice data and vital signs data and image data and live video data.
Barash discloses:
voice data(Para 0012, Barash discloses voice connections) and vital signs data(Para 0089, Barash discloses digital photographs) and image data(Para 0089, Barash discloses digital photographs) and live video data(Para 0009, Barash discloses real-time video).
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for collection, organization, and display of EMD information of Reid, to add order of voice data, vital signs data of the accident victim, image data and live video data, as taught by Barash. One of ordinary skill would have been so motivated to ensure the that multiple data types are evaluated so the emergency victim can be handled in the most efficient way possible, but in this case, for a community based response system (Para 0004, Barash discloses: “Emergency events like sudden cardiac arrests and accidents are generally responded to by organized emergency response units, such as ambulance or fire crews, and by laypeople who are immediately around the events so that they personally witness or offer assistance for the events. Often, the laypeople in a victim's immediate vicinity are not trained to treat the victim, or are too overwhelmed to provide effective treatment.”).
Barash does not explicitly disclose:
prioritization of the data types
Burton discloses:
prioritization of the data types(Para 0017, Burton discloses data prioritization)
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the system for collection, organization, and display of EMD information of Reid, to add prioritization order, as taught by Burton. One of ordinary skill would have been so motivated to ensure that critical data can reach the stakeholders involved in treating the emergency victim in situations where data transfer becomes an issue, but in this case, for a mobile data management system(Para 0007, Burton discloses: “present invention provides enhanced data management capabilities capable of enabling more deterministic, controlled and/or appropriately managed data transfer in order to mitigate the risk and manage circumstances where misdiagnosis or misleading measures or health status indications could otherwise jeopardise patient or consumer user health outcomes.”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Goyal(US20160232304A1) discloses a method for obtaining and displaying medical data to assist decision making during an emergency.
Pierson(US11990230B2) discloses the management of medical equipment and responders
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/S.G.P./Examiner, Art Unit 3685
/KAMBIZ ABDI/Supervisory Patent Examiner, Art Unit 3685
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